04/06/1846 AD sued

Dred and Harriet Scott filed separate but identical suits against Irene Emerson in the St. Louis Circuit Court to obtain their freedom from slavery. They stated that they were entitled to their freedom based on residences in the free state of Illinois (Fort Armstrong) and the free Wisconsin Territory (Fort Snelling).

The suits were brought under a Missouri statute that specifically allowed anyone held wrongfully in slavery to sue for their freedom. Specific procedures for filing suit were outlined in the statute.

  • First, a petition to sue was filed in the circuit court.
  • If the petition contained sufficient evidence that the plaintiff was being wrongfully held, the judge ordered that the petitioner be allowed to sue; security for all court costs that might be adjudged had to be presented to the court.
  • The judge would also order that the petitioner have liberty to attend to counsel and court, and not be removed from the jurisdiction of the court, or subjected to any severe punishment because of the freedom suit.

Proslavery judge John M. Krum approved the form of the petitions, which Dred and Harriet Scott signed with their marks, an "X," and granted them permission to sue.

St Louis, MO
Lattitude: 38.627° N
Longitude: 90.1994° W
Region: North America
North America
Modern Day United States
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