01/12/1850 AD defeated

The case took a long time to finally come to trial:

• The case took a detour to the Missouri Supreme Court in the spring and summer of 1848. Upon its return to the St. Louis Circuit Court, it was docketed for February 27, 1849
• This date was postponed because of a heavy court schedule.
• A court date of May 2, 1849, was set, but a again postponed due to a heavy schedule.
• The possibility of a trial in late May was denied when a fire swept through St. Louis on May 17, bringing most business in the city to a complete halt.
• A cholera outbreak in the summer delayed proceedings further.

The case was finally heard on January 12, 1850, with Judge Alexander Hamilton presiding.

Emerson's attorneys argued that while Dr. Emerson was residing at Fort Armstrong (Rock Island) and Fort Snelling, he was under military jurisdiction - not the civil law that prohibited slavery in those areas.

Military law, they claimed, superseded civil law and therefore Dred and Harriet Scott were not free. This argument of military and civil law had already been presented to the Missouri Supreme Court in Rachel v. Walker (1837) and the Court determined at that time that the argument did not apply.

St Louis, MO

Lattitude: 38.627° N
Longitude: 90.1994° W
Region: North America

Modern Day United States

Events in 1850 MORE