“[O]n February 12, 1850, an agreement was made that ‘in as much as the points and principles of law to be decided [in the two cases were] identical, only Dred Scott v. Irene Emerson would be advanced, and any determination in that case would apply to Harriet’s suit as well,” according to Walter Ehrlich in They Have No Rights: Dred Scott’s Struggle for Freedom.
In the over one hundred years since, many legal scholars have called this the case’s fatal flaw. Lea called it a “blunder.” As noted, Harriet already better fit the profile of a freedom litigant, and she also had better legal grounds to believe herself free. Not only had she lived a larger percentage of her life in a free state, recall how Lawrence said he “gave” Harriet to Dred after their marriage at Fort Snelling.
“Every indication suggests that Taliaferro relinquished claim to her services, but did he sell her to Dr. Emerson? His own statement, recorded long after the event, was that he gave her to Dred, Emerson’s slave, or former slave, while in free territory,” Lea recounted. “There is no evidence in either his contemporary papers or Emerson’s suggesting an attempted sale. More important, even if there had been evidence of an attempted sale, the sale of a human being in free territory where slavery was abolished would have been illegal, either void or voidable anyway.”
Also, the legal status of children was decided by the status of the mother. Dred’s freedom would have no impact on Eliza or Lizzie. Only Harriet’s freedom could free her daughters.
For the case’s second hearing in 1852, the Missouri Supreme Court ruled in favor of Irene, contradicting the standard set by the Missouri Compromise in 1820. They essentially said that, since Dred had not gained freeing documents while in a free state, he became a slave again the moment he stepped into Missouri.
Here again, Lea argued, Harriet’s case was made of stronger stuff. “Harriet had never been a Missouri slave prior to her arrival in 1840. Taliaferro was a civilian government agent rather than an officer under military orders, so he was not under the same obligation to take his slaves to free territory with him that the state supreme court had posited for Dr. Emerson. Taliaferro had affirmatively expressed an intention to free some of his slaves while in Minnesota, and he had acted accordingly by relinquishing his claim to Harriet and giving her away in marriage. None of these facts were raised because of the lawyers’ stipulation to resolve her claim according to Dred’s outcome.”
This ruling was a setback, not only for Harriet and Dred, but for all the freedom litigants still waiting for their day in court. A vicious precedent had been set, and more were to come.
“While the Scotts worked at whatever low-skilled jobs they could get, the children grew into adolescence and went into hiding,” Lea wrote. Eliza and Lizzie could still be stolen and sold into slavery at any moment. “Their parents knew where they were and presumably could contact them surreptitiously, but it was safter for them to be out of reach of the law. One often hides that which one values most.”
The Scotts appealed, seeking a third hearing, but this time suing John A. Sanford, Irene’s brother. This is also of some legal befuddlement and speculation. Irene never appeared in court or testified; she’d been nearly invisible through all the proceedings and had since remarried. After the death of Irene’s father, John handled all legal matters for his sister—indeed, he had been bankrolling the previous suits—but he never owned Harriet nor Dred. Just the same, John made no effort to avoid the legal battle. In fact, he seemed eager to take it on. A wealthy businessman himself, he was perhaps motivated by a chance to strike a blow for slave owners.
And he would succeed in doing so. In the spring of 1854, Dred Scott v. John F. A. Sandford (the court misspelled his name) went to the U.S. Supreme Court. It was decided on March 6, 1857, with Chief Justice Roger B. Taney writing for the majority that Black people, “had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it.”
The ruling also declared The Missouri Compromise and the Northwest Territorial Ordinance unconstitutional because they interfered with a citizen’s right to property—that is, their right to own other human beings. Dred’s case had been rooted largely in the freedom presumed by those documents, so the Court took the opportunity to nullify those documents outright.
In a 1968 article titled “Was the Dred Scott Case Valid?” Walter summed up the case. “It was based upon the relationship between an alleged master and an alleged slave, but the alleged master was not the master and the alleged slave was not his slave—and yet the decision of the Supreme Court was to play a most significant role in bringing about the Civil War.”
The ruling sparked outrage, fuel to the fire in an already divided nation heading toward war against itself. Newspaper reporters came to their door to interview Dred. Journalists turned their investigative skills to the question “Who owns Dred Scott?” He was depicted as humble, respectful, and knowledgeable about his case, a victim of the legal system. The negative press was so intense that, by summer, Dred, Harriet, and their daughters were freed.
“Ultimately, Dred, Harriet, Eliza, and Lizzie were freed not by declaration of law in in any of the state or federal courts where they had pursed their freedom,” Lea wrote. “They were declared free as a consequence of the fact that their loss publicly embarrassed the Massachusetts congressmen [Irene’s new husband Calvin Chaffee] to whom their ownership had devolved.”
The family at last reunited; Eliza and Lizzie returned to their parents. Dred received a job offer from Theron Barnum, cousin of circus tycoon P.T. Barnum, to work as a doorman at Barnum’s St. Louis Hotel, a six-floor hotel near the Mississippi River. Too unwell to do much doorman work, Dred was mainly a celebrity meet-and-greet attraction.
“Harriet seemed satisfied with obscurity and repose,” Lea said. “She simply wanted to be left alone, to care for her aging husband and finally enjoy her daughters’ company in peace and security. Observers perceived her as neat, industrious, and devotedly attached to her husband and children, an acceptable member of the Baptist Church. She took in laundry.”
Dred died of tuberculosis on Sept. 17, 1858, shy of 60 years old. Harriet disappeared from public view until her own death 18 years later on June 17, 1876. The paper’s called her “Dred’s widow.”
Dred was buried at Calvary Cemetery, the middle grave of three plots purchased by his first owner. “Harriet could never have hoped to join him in his final resting place,” Lea noted, “as the extra grave plots were open to separate the famous black man’s grave from the adjoining plots for white people.” Some sources indicate she was buried at the historic Greenwood Cemetery in St. Louis.
"We tend not to see women as actors in history; we tend not to see black people as actors in history; and we tend not to see slaves as actors in history," Lea said in an interview. "Here's a woman who was all three and who affected history enormously: she triggered a lawsuit that changed history."
Sources:
Mrs. Dred Scott: A Life on Slavery's Frontier by Lea VanderVelde
Maryland.gov: Law professor shines light on ‘Mrs. Dred Scott’
Yale Law Journal: Mrs. Dred Scott by Lea Vandervelde and Sandhya Subramanian
Located and Dispersed by Monica Moses Haller
They Have No Rights: Dred Scott’s Struggle for Freedom by Walter Ehrlich
Minnesota Historical Society: Historic Fort Snelling
MSN: Exclusive: Hegseth approves request by leaders of Minneapolis immigration siege for use of military base
Bring me the News: Minnesota Historical Society closes Fort Snelling as ICE raids continue in Minnesota
ICT News: Former Native American concentration camp lies beneath current immigration detention center
KSTP.com: ICE protestor detained in Fort Snelling shares detention experience
ABC News: Oglala Sioux Tribe says three tribal members arrested in Minneapolis are in ICE detention
Wikipedia: Fort Snelling, Harriet Robinson Scott, Dred Scott, Dakota War of 1862, Fort Snelling State Park, Lawrence Taliaferro, History of slavery in Minnesota
African American Registry: Harriet Robinson Scott, Abolitionist born
Dred Scott Lives: Harriet Scott
Black Past: Harriet Robinson Scott (ca. 1820-1876)
National Park Service: Harriet Robinson Scott
The Journal of American History: Was the Dred Scott Case Valid? by Walter Ehrlich
Historic Missourians: Harriet Robinson Scott
The New York Historical: Life Story: Harriet Robinson Scott (ca. 1815-1876)
Oyez: Dred Scott v. Sandford
University of Michigan Library: Dred Scott v. Sandford
Hidden in Plain Sight: The Tragedy of Children’s Rights from Ben Franklin to Lionel Tate – Chapter 4: Girls at the Intersection of Age, Race, and Gender: Dred Scott’s Daughters by Barbara Bennett Woodhouse
Find a Grave: Harriet Robinson Scott
The Dred Scott Heritage Foundation