Dred Scott (American National Biography)

On 6 April 1846 Dred and Harriet Scott sued Irene Emerson for freedom. Dred Scott v. Irene Emerson was filed in a Missouri state court under Missouri state law. (Two separate litigations were pursued. Since both entailed the same law and evidence, only Dred's advanced to conclusion; Harriet's suit was held in abeyance, under agreement that the determination in her husband's case would apply to hers.) Contrary to later widespread rumor, no political motivation attached to the institution of this suit; only when it reached the Missouri Supreme Court did it acquire the political overtones that made it so famous later. The suit was brought for one reason only: to secure freedom for Dred Scott and his family…

Unanticipated developments converted an open-and-shut freedom suit into a cause célèbre. In the trial on 30 June 1847, the court rejected one piece of vital evidence on a legal technicality--that it was hearsay evidence and therefore not admissible--and the slave's freedom had to await a second trial when that evidence could be properly introduced. It took almost three years, until 12 January 1850, before that trial took place, a delay caused by events over which none of the litigants had any control. With the earlier legal technicality corrected, the court unhesitatingly declared Dred Scott to be free.