Scott v. Emerson
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. The point made in the appellant’s instruction, which was not given by the court below, will first be considered: That if I)r.
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ERROR to St. Louis Circuit Court. The point made in the appellant’s instruction, which was not given by the court below, will first be considered: That if I)r. Emerson (who was the owner of (he slaves Dred and liar-net, and who was also a Surgeon in the United States airny) owned said slaves, previous to his reception of the order, and took said slaves with him as domestic servants, and they remained at those posts, Rock Island and Fort Spelling, until they voluntarily relumed to St-Louis, in a slave Statp, they are now not free but slaves. We propose to give a slight review of the cases,…
1Opinion of the CourtScott, J.
This was an action instituted by Dred Scott against Irone Emerson, the wife and administratrix of-Dr. John Emerson, to try his right to freedom. His claim is based upon the fact that his late master held him in servitude in the State of Illinois, and also in that territory ceded by I’rance to the United States, under the name of Louisiana, which lies north of 38 degrees 30 minutes, north latitude, not included within the limits of the State of Missouri.
It appears that his late master was a surgeon in the army of the United States, and during his continuance in the service, was stationed at'…
2Cited by4 opinions
- State Ex Rel. Diehl v. O'MALLEYSupreme Court of Missouri · 2003
- State v. JonesSupreme Court of Missouri · 1883
- State v. SpencerSupreme Court of Missouri · 1901
- Sylvia v. KirbySupreme Court of Missouri · 1853