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Updated: May 26, 2025
The decision was in his favor, but was reversed when appeal was taken to the Missouri Supreme Court. Dred Scott was now sold to one Sandford, of New York. Him also he prosecuted for assault, but as he and Sandford belonged to different States this suit went to the United States Circuit Court.
He took part in the famous Dred Scott case, in which he dissented from Taney, maintaining that slavery had its origin merely in power and was against right. Adlai Ewing Stevenson, Assistant Postmaster-General, later became Vice-President. His four sons all became prominent in law and theology.
But it was inconceivable that a civilised community, not blinded by local Southern prejudice, could loyally accept the Dred Scott decision, or could cheerfully assist the Southern slaveholder to capture and carry off from their own hearthstones, as it were, his runaway chattel. Therefore, the position and the protestations of the North were mutually contradictory.
The present act likewise directed several additions to be made to the stock of the proprietors, out of that possessed by the company in their own right; it made a particular distribution of stock, amounting to two millions two hun dred thousand pounds; and upon remitting five millions of the seven to be paid to the public, annihilated two millions of their capital.
The several points of the Dred Scott decision, in connection with Senator Douglas's "care not" policy, constitute the piece of machinery in its present state of advancement. This was the third point gained.
The negro's name was "Dred Scott," which name now designates the decision finally made in the case. Before the then next Presidential election, the law case came to and was argued in the Supreme Court of the United States; but the decision of it was deferred until after the election.
The Dred Scott decision had in fact itself overturned the Douglas theory of popular sovereignty or "squatter sovereignty." Douglas was only able to say that his sovereignty contention made provision for such control of domestic or local regulations as would make slavery impossible.
Johnson, of Maryland, made a speech, in which he expressed himself as in favor of conferring citizenship upon the negro, and yet unable to vote for this bill from the opinion he entertained on "the question of power." He referred to the Dred Scott and other decisions, and showed their bearing upon the legislation now proposed.
Prohibition of slavery there by Congress thus began to seem needless, and the Dred Scott judgments raised at least a grave doubt as to whether it was possible.
Its bewildering legal technicalities may here be passed over; fundamentally, the real question involved was the status of a negro, Dred Scott. A slave who had been owned in Missouri, and who had been taken by his master to the State of Illinois, to the free territory of Minnesota, and then back to Missouri, now claimed to be free.
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