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Title: Dred Scott vs. Alexander Sandford, Samuel Russell, and Irene Emmerson
Plaintiff: Dred ScottHarriet, a woman of color
Defendant: Sandford, AlexanderRussell, SamuelEmmerson, Irene
Date Filed: July 1, 1847
Term: November Term 1847
Cause of Action: TrespassAssault and BatteryFalse Imprisonment
Case Number: 19
Court: St. Louis Circuit COurt
Publication Info: St. Louis, Missouri: Washington University in St. Louis, University Libraries 2011
Source: The original document is part of the Missouri State Archives St Louis Circuit Court collection.
Availability: Documents are in the public domain

To the Honorable the Circuit CourtCircuit Court within and for the County of St LouisCounty of St. Louis.

Your Petitioner Dred ScottDred Scott, a man of color, respectfully represents that from some time in the year 1835 Your Petitioner [was a slave] was purchased ^ as a slave by one since deceased, who afterward, to wit, [illegible] about the ^year [Month of] 1836 or 1837 [illegible] conveyed Your Petitioner from the State of to , a fort ^ then occupied by the troops of the & under the Jurisdiction of the , situated in the Territory ceded by to the , under the name of , lying north of 36 degrees & 30 minutes north latitude, not included within the limits of the State of , and ^resided and continued to reside at Said for a period of one Year and holding Your Petitioner in Slavery at Said Fort, during all that time; in violation of the Act of Congress of March 6th 1820, entitled "An Act to Authorize the People of MissouriMissouri Territory to form a Constitution & State Government & for the Admission of Such State into the Union on an equal footing with the original States & to prohibit Slavery in Certain TerritoriesTerritories".

Your Petitioner avers that Said EmersonEmerson has since departed this life leaving his widow Irene EmersonIrene Emerson and his chilccrn an infant Child whose name is unknown to Your ^ Petitioner and that one Alexander SandfordAlexander Sandford has administered upon the estate of Said Emerson

Emerson [& that] Your Petitioner is now unlawfully held in Slavery by Said SanfordSandford, as Said Administrator, & Said Irene EmersonIrene Emerson who claims Your Petitioner as Part of the estate of Said – and by one Samuel RussellSamuel Russell Your Petitioner therefore prays Your Honorable Court to grant him leave to Sue as a poor person, in order to establish his right to freedom & that the necessary orders be made in the Premises.—

Dred ScottDred Scott
State of County of Saint St LouisSt St LouisLouis

This day personally came before me the undersigned a Justice of the Peace Dred ScottDred Scott the person whose name is affixed to this forgowing petition and made oath, that the facts set forth in the above petition are true to the best of his Knowledge and belief and that he is entitled to his freedom Witness my hand this 1st day of July 1847.

his DredDred X ScottScott mark

Sworn to and Subscribed before me this 1st day of July 1847

Justice of the Peace

Upon reading the above petition ^ this day it being [the opinion] of the Judge of the Circuit CourtCircuit Court […illegible] that said petition contains sufficient matter to authorize the commencement of a suit for his freedom, it is hereby ordered that the said petitioner Dred ScottDred Scott be allowed to sue on giving security satisfactory to the Clerk of the Circuit CourtCircuit Court for all costs that may be adjudged against him and that he have reasonable liberty to attend his counsel ^ and the Court as occassions may require and that he be not subjected to any severity in account of this application for his freedom and that he be not removed out of the jurisdiction of the Court.

A. Hamilton July 2, 1847. Judge of the Circuit CourtSt. Louis Circuit Court, 8th Judicial Circuit. .
Petition of Dred ScottDred Scott for leave to sue for his freedom
To the Honorable the Circuit CourtCircuit Court within and for the County of St LouisCounty of St. Louis.

Your Petitioner HarrietHarriet, a woman of color, respectfully represents that from some time in the year 1835 Your Petitioner was purchased as a Slave by one , since deceased, who afterward in the year 1835 conveyed Your Petitioner to , a fort then occupied by the troops of the & under the Jurisdiction of the , situated in the Territory ceded by to the , under the name of , lying north of 36 degrees & 30 minutes north latitude, not included within the limits of the State of , and resided and continued to reside at Said for a period of one Year or more and holding Your Petitioner in Slavery at Said Fort during all that time; in violation of the Act of Congress of March 6th 1820, entitled "An Act to Authorize the People of MissouriMissouri Territory to form a Constitution & State Government & for the Admission of Such State into the Union on an equal footing with the original States & to prohibit Slavery in Certain TerritoriesTerritories"

Your Petitioner avers that Said EmersonEmerson has since departed this life leaving his widow Irene EmersonIrene Emerson and his chilccrn his Child whose name is unknown to Your Petitioner and that one Alexander SandfordAlexander Sandford has administered upon the estate of the Said , and that Your Petitioner is now unlawfully held in Slavery by Said SanfordSandford as Said Administrator and Said Irene EmersonIrene Emerson who claims Your Petitioner as Part of the estate of Said EmersonEmerson and by one

Your Petitioner therefore prays Your Honorable Court to grant her leave to Sue as a poor person, in order to establish her right to freedom & that the necessary orders be made in the Premises.—

Harriet
State of County of St LouisCounty of St Louis

This day personally came before me the undersigned a Justice of the Peace in deed for this County and State a aforesaid Dred ScottDred Scott the HusbandHusband of the petitioner above who being duly Sworn [illegible] & says that, the facts set forth in the above petition of HarrietHarriet his wife are true; as he was with her during the time mentioned in said petition, and was personally acquainted with all the Statements above set forth Witness my hand this 1st day of July 1847.

his DredDred X ScottScott mark

Sworn to and Subscribed before me this 1st day of July 1847

Justice of the Peace

Upon reading this bond petition and affidavit, this day, & it appearing that the said petition contains sufficient matter to authorise the commencement of a suit, it is hereby ordered by the undersigned, that the said petitioner, HarrietHarriet, be allowed to sue, on giving security satisfactory to the Clerk of the Circuit CourtCircuit Court, for all costs which may be adjudged against her; and that she have reasonable liberty to attend her counsel and the Court, as occasion may require, and that she be not removed out of the jurisdiction of the Court, and that she be not subjected to any severity on account of this application for freedom.

July 2, 1847. Alexander HamiltonA. Hamilton, Judge of the . Louis Circuit CourtCircuit Court. 8th Judicial Circuit, .
Petition of HarrietHarriet for leave to Sue for her freedom

Know all men by these presents that whereas an order has been made this second day of July eighteen hunccrd and forty seven by the Honorable Alexander HamiltonAlexander Hamilton Judge of the Circuit of St Louis County, that Dred ScottDred Scott a man of color be allowed to sue for his freedom, Now therefore I. _____________________________________________________________ do by these presents acknowledge myself, my heirs, executors and administrators held and firmly bound to pay all costs that may be adjudged against the said Dred ScottDred Scott in any suit instituted by him for his freedom in pursuance of the order aforesaid. in testimony whereof I have hereunto set my hand and seal the day and year aforesaid

Jos. Charless {seal} Bond for Costs in Case of Dred ScottDred Scott

Know all by these presents that whereas an order has been made this second day of July eighteen hunccrd and forty seven by the Honorable Alexander HamiltonAlexander Hamilton, Judge of the Circuit CourtCircuit Court of St LouisSt Louis Court that HarrietHarriet, a woman of color be allowed to sue for her freedom Now. therefore I ----------------------------------------------------------------------------- do by these presents acknowledge myself, my heirs, executors and administrators held and firmly bound to pay all costs that may be adjudged against the said HarrietHarriet in any suit instituted by her for her freedom in pursuance of the order aforesaid. In testimony whereof I have hereunto set my hand and seal the day and year aforesaid.

Jos. Charless {seal} Bond for Costs in Case of HarrietHarriet (of Color)
State of ) Circuit CourtCircuit Court of County of Saint St LouisSt St LouisLouis ) [illegible] St Louis County November Term 1847.

Dred ScottDred Scott, a man of color, by his attorneys, plaintiff in this suit complains of Alexander SandfordAlexander Sandford administrator of estate of John Emmerson deceased, IreneIrene Emmerson and Samuel RussellSamuel Russell defendants of a plea of trespass. For that the said defendants heretofore to wit on the first day of July in the year eighteen hunccrd and forty six seven at to wit, the county of St LouisSt Louis aforesaid, with force and arms assaulted the said plaintiff and then and there beat bruised and ill-treated him and then and there imprisoned and kept and detained him in prison there, without any reasonable or probable cause whatsoever, for a long time to wit, for the space of one year [then] next following contrary to law and against the will of the said plaintiff, and the said plaintiff avers that before and at the time of the committing of the grievances aforesaid, he, the said plaintiff was ^ then and there and still is a free person and that the said defendants held and still hold him in slavery, and other wrongs to the said plaintiff then and there did ^ against the [law] of the MissouriState of Missouri to the damage of the said ^ plaintiff in the sum of three hunccrd dollars and therefore he sues

Field & Hall Attorneys Attys for Plaintiff Plff . ================ Dred ScottDred Scott versus vs . Alexander SandfordAlexander Sandford Samuel RussellSamuel Russell IreneIrene Emmerson ================ Trespass & False Imprisonment ---------------------------- A Russells on 4th street Field & Hall Attorneys Attys for Plaintiff Plff .
State of ) Circuit CourtCircuit Court County of St LouisCounty of St. Louis ) ss of Saint St . Louis County November Term 1847

HarrietHarriet a woman of color by her attorneys, plaintiff in this suit complained of Alexander SandfordAlexander Sandford Administrator of estate of John Emmerson deceased, Samuel RussellSamuel Russell and IreneIrene Emmerson defendants of a plea of trespass. For that the said defendants heretofore to wit on the first day of July in the year eighteen hunccrd and forty six at to with, they county of St LouisSt. Louis aforesaid, with force and arms, assaulted the said plaintiff and then and there beat, bruised and ill-treated her and then and there imprisoned her and kept and detained her there in prison without any reasonable or probable cause, whatsoever for a long time to wit; for the space of one year [then] next following, contrary to law and against the will of the said plaintiff; and the said plaintiff avers that before and at the time of the committing of the grievances aforesaid, she, the said plaintiff was then and there, and still is a free person and that the said defendants held and still do hold her in slavery: and other wrongs to the said plaintiff then and there did ^ against the Law of the State of  to the damage of the said plaintiff in the sum of three hunccrd dollars and therefore she sues.

Field & Hall Attorneys Attys for Plaintiff Plff . HarrietHarriet (of color) versus vs. Alexander SandfordAlexander Sandford Samuel RussellSamuel Russell IreneIrene Emmerson ===================== Trespass & False Imprisonment ----------------------------------- Field & Hall Attorneys Attys for Plaintiff Plff .

To the Sheriff of , GREETING:

WE command you to summon , and if they be found in your county to appear

before the Judge of our Circuit CourtCircuit Court, on the first day of the next term thereof, to be held at the , within and for the , on the third Monday of November next, then and there to answer unto Dred ScottDred Scott of a plea of Trespass and false imprisonment

to the damage of said plaintiff                 dollars: And have you then there this writ.

WITNESS, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the , this Third day of July in the year of our Lord eighteen hunccrd and forty-seven.

John RulandJno. Ruland CLERK

I acknowledge myself bound for all costs that may accrue in the above cause.

WITNESS my hand and seal, at St LouisSt. Louis, this          day of                 184  

November Term 1847 Louis Circuit CourtCircuit Court =================== Dred ScottDred Scott versus vs . ) ) Summons Alexander SandfordAlexander Sandford Samuel RussellSamuel Russell and Irene EmersonIrene Emerson x 30th =================== Trespass & false imprisonment Field & Hall attorneys Attys plaintiff plf. Filed July 3rd 1847 John RulandJno. Ruland clerk clk $ 2 Jury fee 1 writ 3 paid pd by attorneys attys

Executed this writ in the by offering to read it and the declaration to on the 6th day of July 1847. And by offering to read it and the declaration to on the 30th day of August 1847. And by offering to read it and the declaration to on the 23r day of October 1847. which they each refused to hear.

Fee $ 3.00                 Sheriff Shff                 By Deputy Dpty

Plaintiff Plf . ordered to elect 18p38 plea 18p48 discontinued 18p187 Feb 29th, 1848 Transcript of Sup. Court dismissing at plaintiff's plffs costs filed Dec 11, 1848.

To the Sheriff of , GREETING:

WE command you to summon , and if they be found in your county to appear

before the Judge of our Circuit CourtCircuit Court, on the first day of the next term thereof, to be held at the , within and for the , on the third Monday of November next, then and there to answer unto HarrietHarriet (of color) of a plea of Trespass and false imprisonment

to the damage of said plaintiff                 dollars: And have you then there this writ.

WITNESS, , Clerk of our said Court, with the seal thereof hereto affixed, at office, in the , this Third day of July in the year of our Lord eighteen hunccrd and forty-seven.

John RulandJno. Ruland CLERK

I acknowledge myself bound for all costs that may accrue in the above cause.

WITNESS my hand and seal, at St LouisSt. Louis, this          day of                 184  

November Term 1847 Louis Circuit CourtCircuit Court =================== HarrietHarriet of color versus vs . ) ) Summons Alexander SandfordAlexander Sandford Samuel RussellSamuel Russell and Irene EmersonIrene Emerson x 30th =================== Trespass & false imprisonment Field & Hall attorneys Attys p . 2 Filed July 3o 1847 John RulandJno. Ruland clerk clk $ 2 Jury fee 1 writ 3 paid pd by attorneys attys

Executed this writ in the by offering to read it and the declaration to on the 6th day of July 1847. And by offering to read it and the declaration to on the 30th day of August 1847. And by offering to read it and the declaration to on the 23r day of October 1847. which they each refused to hear.

Fee $ 3.00                 Sheriff Shff                 By Deputy Dpty

Plaintiff Plf. ordered to elect 18p38 plea 18p48 Discontinued Feb 29th 1848 18p187 Transcript

Court. reversing & dismissing cause filed Dec 11. 1848

Dred ScottDred Scott ) 19. November Nov . Term T . 1847 versus vs . ) Alexander SandfordAlexander Sandford ) In the Louis Circuit CourtCircuit Court Samuel RussellSamuel Russell ) November Term 1847 & IreneIrene Emmerson ) ) Trespass etc. The Said defendants come and defend the demand of the plaintiff. by their Attorney Geo. W. Goode 19 November Novr Term 1847 Dred ScottDred Scott versus vs . Alexander SandfordAlexander Sandford Samuel RussellSamuel Russell & IreneIrene Emmerson Plea General Genl Issue G W GoodeG.W. Goode Attorney Atty . – filed Nov 18th 1847 John RulandJno. Ruland clerk HarrietHarriet a Woman of color ) 20. versus vs . ) November Novr . Term T . 1847 Alexander SandfordAlexander Sandford ) In the Louis Circuit CourtCircuit Court Samuel RussellSamuel Russell ) November Novr Term T . 1847 & IreneIrene Emmerson ) ) Trespass et cetera etc . The Said defendants come and defend the demand of the plaintiff. by their Attorney Geo. W. Goode . 20 November Novr Term 1847 HarrietHarriet of color versus vs . Alexander SandfordAlexander Sandford Samuel RussellSamuel Russell & IreneIrene Emmerson Plea General Genl Issue G W GoodeG.W. Goode Attorney filed Nov 18th 1847 John RulandJno. Ruland clerk 18 Circuit CourtSaint Louis Circuit Court Record 48 Thursday November 18th 1847 Dred ScottDred Scott ) HarrietHarriet of color ) versus vs ) Plea filed versus vs ) Plea filed Alex SandfordAlex. Sandford et al. ) Alex SandfordAlex. Sandford et al. ) 18 Circuit CourtSaint Louis Circuit Court Record 187 Tuesday February 29th 1848 Dred ScottDred Scott ) Freedom versus vs ) Alexander SandfordAlexander Sandford, Samuel RussellSamuel ) Samuel RussellRussell & Irene EmersonIrene Emerson )

This day comes said plaintiff by his attorneys and says that he will not further prosecute this suit. It is therefore considered that said defendants go hence without day and recover of said plaintiff their costs and have thereof execution.

HarrietHarriet of color ) Freedom versus vs ) Alexander SandfordAlexander Sandford, Samuel RussellSamuel ) Samuel RussellRussell & Irene EmersonIrene Emerson )

This day comes said plaintiff by her attorneys and says that she will not further prosecute this suit. It is therefore considered that said defendants go hence without day and recover of said plaintiff their costs in this behalf and have thereof execution.

18 Circuit CourtSaint Louis Circuit Court Record 192 Saturday March 4th 1848 Dred ScottDred Scott ) versus vs ) Bill of exceptions filed Alex SandfordAlex. Sandford et al. ) HarrietHarriet of color ) versus vs ) Bill of exceptions filed Alex SandfordAlex. Sandford et al. )