The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Covering the period from the Louisiana Purchase to the signing of the Emancipation Proclamation, 57 Years is the collective story of the people who worked to legally undo the mandates of the slave laws through the 'freedom suits'. From Jean Marie Scypion to Dred Scott, the book depicts legal battles fought against the rich, powerful, and entrenched. Author Anthony Sestric relays the story of lawyers and judges, their clients, and the people who financed the effort to end slavery and to keep Missouri in the Union. Their campaigns raged from Missouri to Washington, D.C., and were followed by Horace Greely and his New York Times. The cost to some was their lives, while others disappeared, never to be heard from again.
During the Civil War, the state of Missouri presented President Abraham Lincoln, United States military commanders, and state officials with an array of complex and difficult problems. Although Missouri did not secede, a large minority of residents owned slaves, sympathized with secession, or favored the Confederacy. Many residents joined a Confederate state militia, became pro-Confederate guerrillas, or helped the cause of the South in some subversive manner. In order to subdue such disloyalty, Lincoln supported Missouri's provisional Unionist government by ordering troops into the state and approving an array of measures that ultimately infringed on the civil liberties of residents. In this thorough investigation of these policies, Dennis K. Boman reveals the difficulties that the president, military officials, and state authorities faced in trying to curb traitorous activity while upholding the spirit of the United States Constitution. Boman explains that despite Lincoln's desire to disentangle himself from Missouri policy matters, he was never able to do so. Lincoln's challenge in Missouri continued even after the United States Army defeated the state's Confederate militia. Attention quickly turned to preventing Confederate guerrillas from attacking Missouri's railway system and from ruthlessly murdering, pillaging, and terrorizing loyal inhabitants. Eventually military officials established tribunals to prosecute captured insurgents. In his role as commander-in-chief, Lincoln oversaw these tribunals and worked with Missouri governor Hamilton R. Gamble in establishing additional policies to repress acts of subversion while simultaneously protecting constitutional rights -- an incredibly difficult balancing act. For example, while supporting the suppression of disloyal newspapers and the arrest of persons suspected of aiding the enemy, Lincoln repealed orders violating property rights when they conflicted with federal law. While mitigating the severity of sentences handed down by military courts, Boman shows, Lincoln advocated requiring voters and officeholders to take loyalty oaths and countenanced the summary execution of guerrillas captured with weapons in the field. One of the first books to explore Lincoln's role in dealing with an extensive guerrilla insurgency, Lincoln and Citizens' Rights in Civil War Missouri illustrates the difficulty of suppressing dissent while upholding the Constitution, a feat as complicated during the Civil War as it is for the War on Terror.
CHAPTER 5 The Legacy of Slave Marriage: Freedwomen's Marital Claims and the Process of Emancipation -- Epilogue -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W
The Dred Scott case is the most notorious example of slaves suing for freedom. Most examinations of the case focus on its notorious verdict, and the repercussions that the decision set off-especially the worsening of the sectional crisis that would eventually lead to the Civil War-were extreme. In conventional assessment, a slave losing a lawsuit against his master seems unremarkable. But in fact, that case was just one of many freedom suits brought by slaves in the antebellum period; an example of slaves working within the confines of the U.S. legal system (and defying their masters in the process) in an attempt to win the ultimate prize: their freedom. And until Dred Scott, the St. Louis courts adhered to the rule of law to serve justice by recognizing the legal rights of the least well-off. For over a decade, legal scholar Lea VanderVelde has been building and examining a collection of more than 300 newly discovered freedom suits in St. Louis. In Redemption Songs, VanderVelde describes twelve of these never-before analyzed cases in close detail. Through these remarkable accounts, she takes readers beyond the narrative of the Dred Scott case to weave a diverse tapestry of freedom suits and slave lives on the frontier. By grounding this research in St. Louis, a city defined by the Antebellum frontier, VanderVelde reveals the unique circumstances surrounding the institution of slavery in westward expansion. Her investigation shows the enormous degree of variation among the individual litigants in the lives that lead to their decision to file suit for freedom. Although Dred Scott's loss is the most widely remembered, over 100 of the 300 St. Louis cases that went to court resulted in the plaintiff's emancipation. Beyond the successful outcomes, the very existence of these freedom suits helped to reshape the parameters of American slavery in the nation's expansion. Thanks to VanderVelde's thorough and original research, we can hear for the first time the vivid stories of a seemingly powerless group who chose to use a legal system that was so often arrayed against them in their fight for freedom from slavery.
The Dred Scott suit for freedom, argues Kelly M. Kennington, was merely the most famous example of a phenomenon that was more widespread in antebellum American jurisprudence than is generally recognized. The author draws on the case files of more than three hundred enslaved individuals who, like Dred Scott and his family, sued for freedom in the local legal arena of St. Louis. Her findings open new perspectives on the legal culture of slavery and the negotiated processes involved in freedom suits. As a gateway to the American West, a major port on both the Mississippi and Missouri Rivers, and a focal point in the rancorous national debate over slavery’s expansion, St. Louis was an ideal place for enslaved individuals to challenge the legal systems and, by extension, the social systems that held them in forced servitude. Kennington offers an in-depth look at how daily interactions, webs of relationships, and arguments presented in court shaped and reshaped legal debates and public attitudes over slavery and freedom in St. Louis. Kennington also surveys more than eight hundred state supreme court freedom suits from around the United States to situate the St. Louis example in a broader context. Although white enslavers dominated the antebellum legal system in St. Louis and throughout the slaveholding states, that fact did not mean that the system ignored the concerns of the subordinated groups who made up the bulk of the American population. By looking at a particular example of one group’s encounters with the law—and placing these suits into conversation with similar encounters that arose in appellate cases nationwide—Kennington sheds light on the ways in which the law responded to the demands of a variety of actors.
The story of the longest and most complex legal challenge to slavery in American history For over seventy years and five generations, the enslaved families of Prince George’s County, Maryland, filed hundreds of suits for their freedom against a powerful circle of slaveholders, taking their cause all the way to the Supreme Court. Between 1787 and 1861, these lawsuits challenged the legitimacy of slavery in American law and put slavery on trial in the nation’s capital. Piecing together evidence once dismissed in court and buried in the archives, William Thomas tells an intricate and intensely human story of the enslaved families (the Butlers, Queens, Mahoneys, and others), their lawyers (among them a young Francis Scott Key), and the slaveholders who fought to defend slavery, beginning with the Jesuit priests who held some of the largest plantations in the nation and founded a college at Georgetown. A Question of Freedom asks us to reckon with the moral problem of slavery and its legacies in the present day.
Most treatments of slavery, politics, and expansion in the early American republic focus narrowly on congressional debates and the inaction of elite "founding fathers" such as Thomas Jefferson and James Madison. In Slavery, Freedom, and Expansion in the Early American West, John Craig Hammond looks beyond elite leadership and examines how the demands of western settlers, the potential of western disunion, and local, popular politics determined the fate of slavery and freedom in the West between 1790 and 1820. By shifting focus away from high politics in Philadelphia and Washington, Hammond demonstrates that local political contests and geopolitical realities were more responsible for determining slavery’s fate in the West than were the clashing proslavery and antislavery proclivities of Founding Fathers and politicians in the East. When efforts to prohibit slavery revived in 1819 with the Missouri Controversy it was not because of a sudden awakening to the problem on the part of northern Republicans, but because the threat of western secession no longer seemed credible. Including detailed studies of popular political contests in Ohio, Indiana, Illinois, Mississippi, Louisiana, and Missouri that shed light on the western and popular character of conflicts over slavery, Hammond also provides a thorough analysis of the Missouri Controversy, revealing how the problem of slavery expansion shifted from a local and western problem to a sectional and national dilemma that would ultimately lead to disunion and civil war.
From the beginning of French rule of Missouri in 1720 through this state's abolition of slavery in 1865, liberty was always the goal of the vast majority of its enslaved people. The presence in eastern Kansas of a host of abolitionists from New England made slaveholding risky business. Many religiously devout persons were imprisoned in Missouri for "slave stealing." Based largely on old newspapers, prison records, pardon papers, and other archival materials, this book is an account of the legal and physical obstacles that slaves faced in their quest for freedom and of the consequences suffered by persons who tried to help them. Attitudes of both slave holders and abolitionists are examined, as is the institution's protection in both the Articles of Confederation and the U.S. Constitution. The book discusses the experiences of particular individuals and examines the Underground Railroad on Missouri's borders. Appendices provide details from two Spanish colonial census reports, a list of abolitionist prison inmates with details about their time served, and the percentages of African Americans still in bondage in 16 jurisdictions from 1820 to 1860.