Appellee‘s Brief on Appeal
Item
“Appellee‘s Brief on Appeal”. Second Appeal to the Supreme Court of the State of Missouri, 1850-1852, 1850, St. Louis Circuit Court Historical Records Project, accessed October 3, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/109362
- Filing Name
- Appellee‘s Brief on Appeal
- Description
- Dred and Harriet Scotts, as appellees or defendants in error, responding to appellant Emerson
- Date
- 1850-03
- Court Term
- March Term 1852
- Is Part Of
- Second Appeal to the Supreme Court of the State of Missouri, 1850-1852
- Identifier
- dre1852.0000.150
- Case ID
- ccr1850.0000.011
- Source
- Missouri State Archives - Supreme Court of Missouri Historical Records
- Rights
- Public Domain
- PDF Download
- Download PDF of all images
- Transcription
-
**Item Page 1**
> Image file: MSA-B161F17b.40.jpg
> Document: Appellee's Brief on Appeal
51.
Irene Emerson
&
Harriet of Color.
Deft's Brief.
Field & Hall
Atty for Defts.
---
**Item Page 2**
> Image file: MSA-B161F17b.41.jpg
> Document: Appellee's Brief on Appeal
Emerson
& Harriet
Supreme Court
The defendant in error refers to the brief in the
case of Emerson vs Scott, as also applying
to this case
Field & Hall
Atty for Deft
---
**Item Page 3**
> Image file: MSA-B161F17b.42.jpg
> Document: Appellee's Brief on Appeal
Irene Emerson appellant
vs.
Dred Scott appellee
In the Supreme Court of Missouri
Brief of Appellee
1st
[margin] Rachel v. Walker, 4 Mo. 354
The court rightly instructed the jury that
the taking and holding the appellee as
slave at Rock Island and Fort Snelling
entitled him to his freedom. The fact
that they were military posts, does not affect
his right.
2nd Even if he could not acquire a right
to his freedom, in consequence the right of
the deceased Dr. Emerson to employ and have
servants for his own use, there, he would
acquire such freedom, if being left by the
deceased in the service of others as a slave
after he himself was removed by order to a different post. Julia vs. McKinney 3 Mo.
193. — Wilson vs. Melvin 4 Mo 592
Nat vs. Ruddle 3 Mo 282 — Ralph vs. Duncan 3 Mo. 137
3rd The ordinance of 1787 is a valid and
binding law. It has often been recognized by
---
**Item Page 4**
> Image file: MSA-B161F17b.43.jpg
> Document: Appellee's Brief on Appeal
this court. Winny vs. Whitesides 1 Mo 334.
Mary vs. Tiffin et al. 1 Mo. 520 — LaGrange
vs. Chouteau 2 Mo 19. — Theoteste vs. Chouteau
2 Mo. 116 — Vincent vs. Duncan 2 Mo. 174.
Ralph vs. Duncan 3 Mo. 139.
D. N. Hall
Atty for Appellee
“Appellee‘s Brief on Appeal”. Second Appeal to the Supreme Court of the State of Missouri, 1850-1852, 1850, St. Louis Circuit Court Historical Records Project, accessed October 3, 2026, https://digitalexhibits.library.washu.edu/s/ccr/item/109362