Compiled Procedings of Second Circuit Court Case

Item

“Compiled Procedings of Second Circuit Court Case”. Second Appeal to the Supreme Court of the State of Missouri, 1850-1852, 1850, St. Louis Circuit Court Historical Records Project, accessed October 2, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/109360

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Filing Name: Compiled Procedings of Second Circuit Court Case
Description: Compilation prepared by clerk Michael Cerré
Date: 1850-03-08
Court Term: March Term 1850
Is Part Of: Second Appeal to the Supreme Court of the State of Missouri, 1850-1852
Identifier: dre1852.0000.148
Case ID: ccr1850.0000.011
Source: Missouri State Archives - Supreme Court of Missouri Historical Records
Rights: Public Domain
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Transcription: **Item Page 1**

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> Document: Compiled Procedings of Second Circuit Court Case
> Legal Function: transmittal

State of Missouri, ss
County of St. Louis

In obedience to the within writ
I ^ herewith ^ transmit a true and correct transcript of the Record
and proceedings in the within named cases.

In Testimony Whereof I hereto set my
hand and affix the seal of said Court
at office in the City of St. Louis this
Eighth day of March A.D. 185o.

M. S. Cerré, Clk

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State of Missouri
County of St. Louis, ss.
Be it remembered that heretofore
to wit, on the sixth day of April Eighteen hundred
and forty six there was filed in the office of the Clerk of
the Circuit Court within and for the
County aforesaid a Petition in words and figures
following to wit

To the Hon. John M. Krum Judge of the St. Louis Circuit Court.

[margin] Petition

Dred Scott, a man of color, respectfully states
to your honor, that he is claimed as a slave by one
Irene Emerson, of the County of St. Louis, State of
Missouri widow of the late Dr. John Emerson,
who at the time of his death was a surgeon in
the United States army. That the said Dr. John
Emerson, purchased your petitioner in the City of
St. Louis, about nine years ago, he then being a slave,
from one Peter Blow now deceased, and took
petitioner with him to Rock Island in the State
of Illinois, and there kept Petitioner to labor and
service, in attendance upon said Emerson, for
about two years and six months. he the said Emerson
being attached to the United States troops there
stationed as surgeon. That after remaining at the
place last named for about the period aforesaid,
said Emerson was removed from the garrison at Rock
Island aforesaid, to Fort Snelling on the St. Peters
river in the territory of Iowa, and took petitioner
with him, at which latter place he petitioner continued
to remain in attendance upon said Dr.
John Emerson doing labor and service, for a period
of about five years. That after the lapse of the
period last named, said Emerson was ordered
to Florida, and proceeding there left Petitioner at
Jefferson Barracks in the County of St. Louis aforesaid

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aforesaid in charge of one Capt. Bainbridge, to whom
said Emerson hired petitioner — That said Emerson is
now dead, and his widow said Irene claims petitioner's
services as a slave, and as his owner, but believing
that under this state of facts, that he is entitled to his
freedom, he prays your honor to allow him to sue said
Irene Emerson in said Court, in order to establish his
right to freedom & he will pray &c

his
Dred X Scott
mark

State of Missouri St. Louis County, ss.
Dred Scott being sworn says that the facts in the foregoing petition
are true. Sworn to & subscribed
the 6th day of Apl. 1846 before
the undersigned Justice of the Peace

his
Dred X Scott
mark, being a man of color

Mann Butler J.P.

The Judge of the St. Louis Circuit Court grants the
petitioner leave to sue &c as prayed for, and orders
First. That the Petitioner Dred Scott be allowed to
sue, on giving security satisfactory to the Clerk
for all costs, that may be adjudged against him.
Second. That said Dred Scott have reasonable liberty
to attend his counsel and the court, as occasion
may require: and that he be not removed out
of the jurisdiction of the Court, and that he
be not subject to any severity on account of
his application for freedom

St. Louis April 6 1846

John M. Krum
Judge St. Louis Circuit Court

State of Missouri St. Louis County, ss.
Circuit Court of St. Louis County, November Term 1846.
Dred Scott a man of color complains of Irene Emerson
of a plea, for that the said defendant on the
fourth day of April in the year Eighteen hundred
and forty six, with force and arms &c.

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to wit, at Saint Louis in the county aforesaid, and then and there beat, bruised and ill treated him, the said plaintiff, and then and there imprisoned him the said plaintiff, 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 twelve hours then next following, contrary to the laws of the said state, and the will of said plaintiff: and the said plaintiff avers that before and at the time of committing the said grievances he was and still is a free person and that the said defendant held and still holds him in slavery: to the plaintiff's damage ten Dollars and therefore he brings suit &c

F. B. Murdock Pl'ff atty.

And thereupon there was issued out of the Clerk's office aforesaid the following Summons, to wit

Summons

County of St. Louis, ss. The State of Missouri, To the Sheriff of St. Louis County Greeting: We command you to summon Irene Emerson if she be found in your county that she be and appear before the Judge of our Circuit Court on the first day of the next term thereof, to be held at the city of St. Louis within and for the county of St. Louis on the third Monday of November next then and there to answer unto Dred Scott of a plea in trespass to the damage of said plaintiff ten dollars. And have you then there this writ.

Witness, John Ruland, Clerk of our said Court, with the seal thereof hereto affixed, at office in the city of St. Louis, this fifth day of April in the year of our Lord eighteen hundred and forty six. John Ruland, Clerk.

Sheriff's Return

Upon which said summons was endorsed the Sheriff's return in the words and figures following, to wit: Executed this writ in the county of Saint Louis on the

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seventh day of April 1846 by reading it and the petition and order of the judge to Irene Emerson, the defendant. William Milburn Sheriff. By Henry B. Belt, Deputy.

And afterwards, to wit, on the nineteenth day of November, in the year last aforesaid, there was filed in our said Court the following plea, to wit

Dred Scott plaintiff
vs.
Irene Emerson Defendant

In the St. Louis Circuit Court Nov. Term 1846.

And the said Defendant by G. W. Good, her attorney comes and defends the force and injury when &c. and says that she is not guilty of the said several grievances above laid to her charge or any or either of them, or any part thereof in manner and form as the said plaintiff has above thereof complained against her; and of this the said defendant puts herself upon the country

G. W. Good, atty for Deft

And afterwards, to wit, at the November term of said Court for the year eighteen hundred and forty nine, to wit on the twelfth day of January eighteen hundred and fifty the following further proceedings in this cause were had, to wit.

Dred Scott ; Freedom
vs.
Irene Emerson ; This day come the parties by their attorneys and comes also a jury, to wit; Calvin James, C. A. Casburgh [?], William Cyphert, H. S. Taylor, Robert West, John C. Morris, T. P. Grantham, L. Whyland [?], A. Welch, C. W. Grantham, A. H. Foster, and N. W. Stenchum twelve good and lawful men who being duly elected tried and sworn the truth to speak, upon the issue joined between the parties upon their oaths do find and say that the defendant is guilty in the manner

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and form as in the plaintiff's declaration alleged.
It is therefore considered that the plaintiff recover his freedom against said defendant and all persons claiming under her by title derived since the commencement of this suit. It is further considered that the plaintiff recover of the defendant his costs in this behalf and have thereof execution
Whereupon the defendant, on the day and year last aforesaid filed her motion for a new trial, which is in the words and figures following, to wit.

Motion for new trial

State of Missouri
County of St. Louis ; Dred Scott, a slave,
vs.
Irene Emerson ; St. Louis Circuit Court of the November Term A.D. 1849.

And now at this time comes Irene Emerson by Garland & Norris her attorneys and moves this Honorable Court for a new trial in the above entitled cause and herewith files her reasons in support of said motion
1st The verdict was contrary to Law
2nd The verdict was not supported by evidence
3rd The Instructions asked for by the plaintiff's counsel and given by the court were not according to the Law and the evidence.
4th The court erred in refusing the Instructions asked by the Defendant's Counsel

Garland & Norris, Def'ts atty

And afterwards, to wit, on the nineteenth day of January eighteen hundred and fifty at the term of said Court last aforesaid the following further proceedings were had, to wit:
Dred Scott ;
vs. ; On a hearing of the motion of Defendant
Irene Emerson ; for a new trial in this cause the said motion is by the Court overruled.

And afterwards, to wit, on the thirteenth day of

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February eighteen hundred and fifty at the term last aforesaid, the defendant filed her Bill of Exceptions, which is in the words and figures following, to wit:

State of Missouri
County of St. Louis ; St. Louis Circuit Court of the November Term A.D. 1849.

Dred Scott, a man of color
vs.
Irene Emerson ; Bill of Exceptions

Be it remembered that on the trial of this cause at the November term of this Court A.D. 1849. That the entire evidence offered by the plaintiff Dred Scott was contained in the following depositions:

Depo. of Mrs. Russell

Adeline Russell of lawful age being duly sworn and examined on the part of the plaintiff deposeth and saith: I did not know Doct'r Emerson. I was acquainted with Mrs. Emerson. I have known her eight, or ten, or twelve years. I know the plaintiffs in these suits they were in my service, for two years or about that time. I have known them a come four or five years. They were under the control of Mrs. ~~Emmerson~~ ^ as agent of Mrs. Emmerson ^, but they were delivered to me by Mr. Sanford, her father. Mrs. Emmerson claimed these negros as her slaves. I do not recollect it if I heard Mrs. Emmerson say they were her slaves. I do not recollect if I paid for their services to Mrs. Emmerson or Mr. Sanford, as her agent. I think Mr. Russell paid for their services. I think it has been between two and three years since they left my house. I think Mrs. Emmerson resided up the Mississippi or Missouri river some years before they were in my service. At the time I hired those negros they were in the service of Col. Bainbridge. Cross-examination.

The only way I knew those negros belonged to Mrs. Emmerson is that she hired them to me. I think it probable that both Mrs. Emmerson and Mr. Sanford at times received pay for their

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services. I do not know if the plaintiffs resided up the Mississippi or Missouri river. I do not know if Mr. Sanford was the agent of Mrs. Emmerson owner of the negros.

A. Russell

Depo. of Miles A. Clark

Miles A. Clark of lawful age, being produced, sworn and examined on the part of the plaintiffs deposeth and saith:—

I know the negro man named ~~Dred~~ the plaintiff in this suit. I first knew Dred sometime in the year 1834 at Rock Island in the state of Illinois. He was then a servant belonging to Doctor Emerson who was then an Assistant Surgeon in the army of the United States and was stationed at Rock Island. He was held in service there by Doctor Emerson as a slave, from the time I first knew him, until April or May 1836. At that time Rock Island was evacuated by the troops to which Doctor Emerson was attached, and the troops with Doctor Emerson went from Rock Island to Fort Snelling, which is situated at the junction of the St. Peters river with the Mississippi river on the west side of the Mississippi, within the territorial limits of the United States and North of the State of Missouri. From the time the troops arrived at Fort Snelling until the seventh day of June 1837 I knew Dred to be held by Doctor Emerson, as a slave, at Fort Snelling. At the last mentioned date I left that place. During all the time I knew Dred at Rock Island and Fort Snelling, he was claimed by Doctor Emerson as a slave, and used by him as such During the time I have mentioned I was in the army of the United States, and attached to the same troops, to which Doctor Emerson was attached. I am now Second Lieutenant in Captain McNair's Company of Volunteers known as the Missouri Guards, raised for Service in New Mexico, and expect, probably some time next week, the company will leave for its destination Further he saith not. Miles A. Clark.

Depo. of Mrs. Anderson

Catharine A. Anderson of the city of St. Louis of lawful age being duly sworn and examined on the part of the

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plaintiff deposeth and saith:— I know Dred Scott plaintiff in the above case. During the years 1837 and 1838, I knew him as a slave, at Fort Snelling, at the mouth of St. Peters river on the west side of the Mississippi river, in the territorial limits of the United States. Said Scott at that time was held as a slave by a Doctor Emerson, a Surgeon in the United States Army, who was then posted at Fort Snelling. I knew him to be held for only one year by said Emerson as a slave. During that time said Emerson exercised control over and used Plaintiff entirely as a slave. Since that time I have only seen plaintiff occasionally. I knew Harriet the wife of said Dred Scott. I first knew her at Fort Snelling. She too was a slave of Doctor Emerson, at the same time that I knew Dred there. This woman in the year 1837 was hired to me as a servant by Doctor Emerson, and was in my family some two or three months — I knew said woman for the same length of time that I did Dred. During that whole time she was held in slavery by Doctor Emerson. When I went to Fort Snelling, I found Doctor Emerson posted there. How long he had been there I do not know Doctor Emerson left Fort Snelling in the fall of 1837, but left these slaves there, hired out. They remained there until April 1838, when they left for the south for Fort Gibson, I think. During the whole time that I knew them at Fort Snelling they were held in Slavery by Doctor Emerson or by persons to whom they were hired by him. They were universally known there to be Doctor Emerson's slaves. At the time that I was at Fort Snelling my name was Thompson. I was then the wife of James L. Thompson a Lieutenant in the army of the United States. The plaintiffs in these cases are now in St. Louis, and I have been informed and believe, are at Mr. Samuel Russell's. I went to Fort Snelling in the latter part of May, or first of June 1837 and left in May 1838.
Catherine A. Anderson

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And the testimony of Samuel Russell who testified that he hired the plaintiff Scott of Mrs. Emerson, the widow of Dr. John Emerson who was a surgeon in the U. S. army, at Rock Island and Fort Snelling, and paid the wages due, sometimes to her and sometimes to her agent, that such hiring was previous to the commencement of this suit, and was in the city and county of St. Louis. She claimed the Pl'ff as her slave.— That the Defendant Emerson offered no testimony but asked of the court the following instructions—

Def'ts Instr.

If the jury believe from the evidence, that Dr. Emerson was an officer of the U.S. Army, that he was the owner of the Slaves Dred Scott and Harriet his wife, before he was ordered to Rock Island and Fort Snelling.— that he took said slaves with him as domestic servants when ordered to these posts, that they remained as servants at those posts — Rock Island and Fort Snelling and no where else until they were brought to St. Louis in a Slave State; and if they believe that the Posts at Rock Island and Fort Snelling during the residence of said slaves at each of them respectively was under Military jurisdiction and not under the civil government of the territory then in existence they must find for the defendant: which the Court refused to give, to which refusal the Defendant by Counsel, then and there excepted.

That thereupon the Plaintiff Scott, by Counsel, asked the following instructions

Pl'ffs Instr.

Dred Scott ; The plaintiff moves the court to
vs. ; instruct the Jury as follows:
Irene Emerson ; 1. If they believe from the evidence that the defendant hired the plaintiff as a slave and the witness Russell proves the commencement of this suit such hiring is evidence against the defendant of holding the plaintiff in slavery within the meaning

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of the act concerning "Freedom".
2. If they believe from the evidence that the defendant hired the plaintiff, as a slave to the witness Russell it is no answer to such act of hiring that the defendant acted as the agent of or on behalf of others.
3. Hiring a person as a slave who is entitled to his freedom, or claiming and receiving pay for such hire is evidence of holding such person in slavery, within the meaning of the act concerning Freedom.
4. If the jury believe from the evidence that the witness Mr. Russell allowed the plaintiff to remain in his family and render services as a slave in said family and that said witness paid the wages for said services to the deft or to any one for her use it is evidence that said witness hired said self from said Deft.
5. If the jury believe from the evidence that the plaintiff was held in Slavery by the Deceased Doctor Emerson at Fort Snelling, situated in the territory of the United States, northwest of the River Ohio as defined by the Act of Congress of July 13, 1787, entitled "an Ordinance for the government of the Territory of the United States, north west of the River Ohio," at any time after ~~the~~ said ordinance went into effect, and at the time he was so held in slavery he was the property of said Emerson then said plaintiff is entitled to his freedom.
6. If the jury believe, from the evidence, that at any time after the 6th day of March 1820 the plaintiff has held in slavery by the deceased Doctor Emerson at Fort Snelling or at any other place in the Territory ceded by France to the United States, under the name of Louisiana which lies north of 36 degrees and 30 minutes north latitude, not included within the limits of the State of Missouri and that at the time he was

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so held in slavery he was the property of said Emerson then said plaintiff is entitled to his freedom." Which were given by the court, and to the giving of which the Defendant by her counsel then and there duly excepted:— That under said Depositions, testimony and Instructions the jury on the trial aforesaid found the following verdict.

Dred Scott ; We the jury in the above cause find for
vs. ; the plaintiff.
Irene Emerson ; Wm. Cyphert, forem.

Whereupon Defendant filed, by her attorney, at the same term and within four days after trial and verdict the following motion, with the accompanying reasons, for a new trial (See page 5 above) That said motion afterwards coming on to be heard at said Term, in its regular place upon the Law Docket, after hearing, was by the court refused, to which refusal to grant a new trial, Defendant, by Counsel, then and there duly excepted, and now excepts and to preserve the Evidence of all of which, the counsel for the Defendant asks that this, her Bill of Exceptions, may be signed and made part of the Record— all which is done accordingly.

A. Hamilton, Judge &c.

State of Missouri
County of St. Louis, ss. I, Michael A. Cerré, Clerk of the St. Louis Circuit Court aforesaid, certify the foregoing to be a full and complete transcript of the record as the same now remains in my office in the case of Dred Scott, of color, against Irene Emerson

In testimony whereof, I have hereunto

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set my hand and affixed the seal
of said Court, at office in the City of
St. Louis, this twenty third day of February
eighteen hundred and fifty.

M. A. Cerré, Clk

Index

| | | | |
|---|---|---|---|
| Petition to sue | 1. | Deposition of Mrs. Russell | 6 |
| Order | 2 | " of M. A. Clark | 7 |
| Declaration | 2 | " of Mrs. C. A. Anderson | 7 |
| Summons & return | 3. | Testimony of Sam Russell | 9 |
| Judgment | 4 | Def'ts Instruction | 9 |
| Motion for new trial | 5 | Pl'ffs Instructions | 9 |

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Oct. T. 1851
Dred Scott
vs.
Irene Emmerson
Transcripts

Filed Mrch. 8. 1850
W. B. Stark Clerk

Fees of H 50 / 100 [unclear]

Item sets: Dred Scott Collection; Second Appeal to the Supreme Court of the State of Missouri, 1850-1852