Attack on Fort Sumter
Capitulation of Vicksburg
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Union Soldiers
AN INSPIRING HISTORICAL FICTION DRAMA SCRIPT BASED ON SCOTT V SANFORD, THE (7-2) U.S.SUPREME COURT RULING READ BY CHIEF JUSTICE ROGER TANEY ON MARCH 6,1857 THAT STATED THAT NEGROES-WHETHER FREE OR SLAVE-ARE NOT UNITED STATES CITIZENS BY THE CONSTITUTION. ADDITIONALLY, THE NORTHWEST ORDINANCE OF 1787 COULD NOT CONFER CITIZENSHIP OR FREEDOM TO NEGROES WITHIN THIS TERRITORY. AND FINALLY, THE 1820 MISSOURI COMPROMISE PROVISION DISALLOWING SLAVERY NORTH OF MISSOURI EXCEEDED CONGRESSIONAL POWER AND THUS, THIS PORTION OF THE LEGISLATIVE ACT WAS NULL AND VOID. AS A RESULT DRED AND HARRIET SCOTT WITH THEIR CHILDREN (ELIZA AND LIZZY) HAD NO JURISDICTIONAL POWER TO UTILIZE THE FEDERAL COURTS TO OBTAIN FREEDOM OR CITIZENSHIP. THIS RULING SET THE STAGE FOR THE LINCOLN-DOUGLAS DEBATES OF 1858 AND THE CIVIL WAR. HARRIET SCOTT’S TREMENDOUS SUPPORT OF HER HUSBAND, DRED, IN HIS FREEDOM SUIT, FIGHTING TO KEEP HER FAMILY TOGETHER, AND THE UNENDING PLIGHT TO HAVE HER DAUGHTERS LIVE”FREE”IS A REMARKABLE TRIBUTE TO WOMEN AND MANKIND. THE STORY BEGINS AT FORT SNELLING IN WISCONSIN TERRITORY IN MAY 1836 WHERE DRED AND HARRIET SCOTT ACTUALLY MEET.
FEBRUARY 10, 1850 HARRIET OH, DRED! WE ARE FINALLY FREE, OR SO IT SEEMS. I HEAR THAT IRENE’S LAWYERS ARE APPEALING LAST MONTH’S DECISION BY THE ST. LOUIS CIRCUIT COURT. DOES THAT MEAN WE WILL GO TO JEFFERSON CITY FOR FURTHER TRIALS? political cartoon from the dred scott era
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DRED PROBABLY. BUT UNTIL A DECISION GOES AGAINST US WE ARE FREE. APPARENTLY SINCE THE APPEAL IS FORTHCOMING WE ARE AT THE DISCRETION OF THE COURT AND NOW PLACED IN BONDAGE THROUGH THE POLICE. BUT OUR DECISION ACCORDING TO OUR NEW ATTORNEYS, DAVID HALL AND ALEXANDER FIELD, IS NOT NULL AND VOID. IT IS A FINAL DECISION THAT STANDS UNTIL OVERTURNED BY ANOTHER COURT. BUT I WAS TOLD BY THE COURT THAT A BILL OF EXCEPTIONS IS TO BE FILED IN FOUR DAYS BY IRENE’S LAWYERS. HER ATTORNEY, MR. BAY, HAS LEFT AND SHE NOW HAS ATTORNEYS HUGH GARLAND AND LYMAN NORRIS WHO ARE TWO CRAFTY MEN.
HARRIET REMEMBER: OUR LAWYERS TOLD US WE NEED TO SIT TIGHT. THEY WILL GET US THROUGH THIS. ATTORNEYS ALEXANDER FIELD AND DAVID HALL, WHO I ONLY MET ONCE, ARE VERY GOOD MEN. ATTORNEYS DRAKE AND MURDOCH IN THE FIRST TRIAL WERE ALSO GOOD MEN BUT COULDN’T STAY ON THE JOB BECAUSE WE COULDN’T PAY THEM. THE ATTORNEYS IN BOTH CASES SAID THEY ALWAYS PUSHED FOR A SETTLEMENT WITH IRENE, BUT SHE HAS HER “DIGNITY” . . .. DRED REMEMBER THE MAN DOWN ON 4TH AND CHESTNUT NOT FAR FROM HERE? THIS REAL EXCITABLE LAWYER NAMED ROSWELL FIELD, THE FELLOW WHO’S OFFICE I CLEAN DAILY? I’VE GOT HIM INTERESTED IN THE CASE. HARRIET YES, I VERY WELL REMEMBER ROSWELL. HE’S A STAUNCH ABOLITIONIST. ACCORDING TO HIM OUR CASE IS “RES JUDICATA”: THE CASE IS SETTLED ON THE MERITS AND DONE. THE COURT HAS MADE A FINAL DECISION.
confederate dead at battle of chancellorsville, near fredericsburg, Virginia
DRED SO WHY WOULD AN APPEAL COME THROUGH? WE ERASED ANY DOUBT ABOUT OUR STATUS AS SLAVES BY HAVING WITNESSES STATE WE WERE THE PROPERTY OF IRENE SANFORD BY INHERITANCE FROM DR. EMERSON. IT IS THAT SIMPLE. IT SEEMS SHE WON’T QUIT. I’M SICK OF BEING CALLED “BOY.” I DON’T LIKE THE WHOLE IDEA OF SERVITUDE. IT ISN’T RIGHT! HARRIET YOU ARE ABSOLUTELY RIGHT DRED! I HAVE NO IDEA WHY IRENE WON’T JUST DROP THIS. I GUESS SHE WORRIES ABOUT HER “STATUS” IN ST. LOUIS SOCIETY IF SHE LOSES A CASE TO A COUPLE OF SLAVES. YOU KNOW, WE ARE JUST STARTING TO GET SOME NATIONAL ATTENTION WITH ALL THIS COURT STUFF, DRED. IRENE’S BROTHER WORKS FOR THIS BIG SHOT PIERRE CHOUTEAU WHO STRONGLY OPPOSES SLAVE FREEDOM AND HAS WON MANY LAW SUITS AGAINST SLAVES.
emancipation political drawing
DRED YES, I KNOW. BUT I LISTENED AND THOUGH I CAN’T WRITE, I REMEMBER EVERYTHING. ATTORNEY ROSWELL FIELD ALSO SAID THAT “COLLATERAL ESTOPPEL” NOW APPLIES TO THE CASE-THE ISSUE IS DECIDED BY THE COURT AND CAN NEVER COME UP AGAIN. HE LOVES OUR CASE EVEN THOUGH HE’S NOT THE ATTORNEY. ROSWELL EVEN SAID IF WE FAIL THE MISSOURI SUPREME COURT, HE HAS
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SOMETHING VERY TRICKY LEGALLY THAT CAN GET US TO THE UNITED STATES SUPREME COURT. HARRIET BUT YOU DIDN’T LISTEN ALL THE WAY, DRED. ATTORNEY ROSWELL FIELD ALSO SAID A FINAL JUDGMENT CAN BE APPEALED, AND THE DECISION IS WITH THE APPEALS COURT BASED ON MISSOURI LAW. THE MISSOURI SUPREME COURT MAY NOT GIVE US A BREAK LIKE THE CIRCUIT COURT HERE IN ST. LOUIS DID. JEFFERSON CITY WORKS VERY DIFFERENTLY. THIS IS A SLAVE STATE AND JEFFERSON CITY IS OUT THERE IN THE MIDST OF HUNDREDS OF SLAVES. THEY DON’T HAVE THE RADICAL ABOLITIONIST ELEMENTS LIKE WE HAVE HERE IN ST. LOUIS. IT WILL BE TOUGH. political cartoon of the era about the dred scott court case
DRED SO, ANOTHER TRIAL? WE HAVE TO GO ALL THROUGH THIS AGAIN? PROVE WE WERE SLAVES OWNED BY DR. EMERSON AND NOW IRENE? PROVE THAT WE’RE JUSTIFIED IN HAVING OUR FREEDOM EVEN THOUGH IT IS OBVIOUS WE WERE RESIDING IN THE FREE STATE OF ILLINOIS AND THE FREE TERRITORY OF WISCONSIN? HARRIET IT IS OBVIOUS. BUT WE ARE AT THE WHIMS OF THE MISSOURI SUPREME COURT NOW. WE ARE PROBABLY IN FOR A BATTLE. THERE ARE MULTIPLE CONFLICTING FACTORS, MOSTLY POLITICAL, I’M TOLD. EVEN WITH JUSTICE ALEXANDER GAMBLE ON OUR SIDE, JUSTICES RYLANDS AND SCOTT WILL NOT BE FOR US, I’M TOLD. DRED NO WAY! THE MISSOURI SUPREME COURT SHOULD SEE THINGS AS THE CIRCUIT COURT HERE IN ST. LOUIS SEES IT. WE ARE FREE NEGROES NOW.
harriet beecher stowe, author of uncle tom’s cabin
HARRIET YOU SAT IN THAT COURT ROOM IN ST. LOUIS AND HEARD ALL THESE DIFFERENT AVENUES THIS CASE COULD GO. MANY QUESTIONS ARE NOT EASILY ANSWERED. DRED WHICH SIDE ARE YOU ON, HARRIET?! HARRIET PLEASE, DRED. LET’S NOT STOOP THIS LOW. I’M JUST TELLING YOU THAT WE MAY HAVE AN IMMENSE AMOUNT OF WORK YET TO DO. WE MAY NEED TO BE PREPARED TO TAKE OUR CASE TO THE UNITED STATES SUPREME COURT AS ROSWELL FIELD SAID!
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DRED NO WAY, HARRIET. WE ARE NOT GOING TO WASHINGTON OVER THIS. HARRIET I’M JUST SAYING THIS CASE COULD GO ON FOR A FEW MORE YEARS, BUT IT’LL BE WELL WORTH IT FOR ELIZA AND LIZZY. DRED I GUESS THAT MEANS WE’LL HAVE SPENT OUR ENTIRE LIVES IT SEEMS FIGHTING FOR FREEDOM. HARRIET I TOLD YOU THIS WHEN WE FIRST MET AND I ALSO SAID THINGS ARE WHAT THEY ARE. TWO PEOPLE CANNOT CHANGE A NATION OR A WAY OF LIFE QUICKLY. YOU ARE SO STUBBORN! NOW YOU’RE IN THE MIDDLE OF THE BIGGEST FIGHT OF YOUR LIFE-YOU CANNOT BACK DOWN-NEVER. IN FACT, I BELIEVE OUR CAUSE IS GREATER THAN EVER. I FEEL THERE REALLY IS SOMETHING IN WHAT WE ARE DOING THAT’S POSITIVE FOR THE AFRICAN RACE HISTORICALLY BUT . . .
the missouri compromise of 1820
DRED BUT WHAT? GO ON-I LIKE HEARING THIS FROM SOMEONE WHO SAID I SHOULD BE HAPPY THE WAY I AM. HARRIET WELL, OUR ATTORNEYS TOLD US GOING IN TO THIS THAT THERE WERE MANY CONFLICTING LAWS-LEGAL PRECEDENTS-LEGISLATIVE V CASE DECISIONS WITHIN MISSOURI, NONE OF WHICH HAVE MUCH CONSISTENCY. DRED WHAT ARE YOU GETTING AT HARRIET? YOU SOUND AS IF YOU’RE ON IRENE’S SIDE! HARRIET I’M JUST TELLING YOU THAT WE ARE ONLY MAYBE A THIRD OR HALF WAY THERE. UNFORTUNATELY, SINCE DR. EMERSON DIED, WE ARE STUCK WITH A MASTER WHO WILL RIDE OUR CASE TO THE UNITED STATES SUPREME COURT IF SHE MUST-WHICH MEANS WE MUST CONSIDER THIS ALSO. IN FACT, IRENE’S FATHER, ALEXANDER SANFORD, WAS PART OF THE SECRET COMMITTEE OF TWELVE. AND THE SANFORD’S WERE PART OF THE COMMITTEE OF 100 WHO HAVE FOREVER TRIED TO CLEAR ST. LOUIS STREETS OF FREE BLACKS-WHO THEY STRONGLY DESPISE. THERE IS STRONG PRESSURE ON IRENE.
union soldiers
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DRED OK-I CAN DEAL WITH ALL THAT. WE DEALT WITH THE SO CALLED HEARSAY PROBLEM THAT WE WERE ACTUALLY SLAVES OF IRENE’S IN THE LAST TRIAL. WE PROVED IT COLD-MUCH BETTER THAN THE FIRST TRIAL-WITH OUR ATTORNEY’S DIRECT EVIDENCE ON THE STAND.
union artillery
HARRIET RIGHT, DRED-BUT MY GOD! YOU HEARD THE LEGAL MUMBO JUMBO. LISTEN TO THE THINGS I’VE REMEMBERED: THE CONFLICTING STATE LAWS-MISSOURI V ILLINOIS V WISCONSIN AND NOW IOWA TERRITORY. WHICH LAW DO WE UTILIZE? ARE WE EMPLOYING THE DOCTRINE OF REATTACHMENT, MEANING NO MATTER WHERE WE ARE WE CAN BE CITIZENS OF MISSOURI SINCE WE ARE SLAVES OF MISSOURI? AND THE MISSOURI COURTS MAY SAY ILLINOIS OR TERRITORY LAW IS INEFFECTIVE IN MISSOURITHAT COMITY WON’T BE RESPECTED. I REMEMBER OUR ATTORNEYS TALKING ABOUT THIS INCESSANTLY. OTHER STATES AND THE NEW UNITED STATES CHIEF JUSTICE TANEY CITING IN STRADER V GRAHAM THAT KENTUCKY LAW SHOULD BE APPLIED TO A SLAVE FREEDOM CASE-AND THAT THE UNITED STATES COURTS HAD NO JURISDICTION OR POWER OVER THE CASE. MISSOURI MAY FOLLOW SUIT. I’VE TRULY BEEN INSTRUCTED BY OUR ATTORNEYS-IT ISN’T LOOKING GOOD, DRED. DRED BUT LOOK AT RACHEL V WALKER, WHICH OUR ATTORNEYS ALWAYS CITE. IT’S THE SAME CIRCUMSTANCES. AND BACK IN 1824 WITH THE MISSOURI WINNEY V WHITESIDES CASE SETTING THE PRECEDENT FOR SLAVE FREEDOM. WE SHOULD WIN WITH MISSOURI LAW AND CUSTOM ON OUR SIDE.
slave auction scene
HARRIET BUT DRED, DIFFERENT JUDGES, ATTORNEYS, TIMES, OTHER SIMILAR CASES HAVE BEEN DECIDED THE OTHER WAY. THE TIDE IS SWINGING AWAY FROM SLAVE FREEDOM. DRED SO IF IRENE APPEALS THE FINAL DECISION OF LAST MONTH TO THE MISSOURI SUPREME COURT WE MAY ACTUALLY LOSE AND BELONG TO HER AGAIN? HARRIET YES, DRED. BUT LOOK AT OTHER LEGAL PROBLEMS INVOLVED WHEN A STATE’S RIGHTS ARE BEING REVIEWED BY THE UNITED STATES SUPREME COURT. STATE COURT RULINGS STILL HAVE A STRONG LEGAL PRECEDENT EFFECT. THE U.S. SUPREME COURT WILL ONLY OVER TURN A STATE RULING IF THE ERROR IS EGREGIOUS OR AN OBVIOUS
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LEGAL ERROR OCCURRED ACCORDING TO OUR ATTORNEYS. I DISTINCTLY REMEMBER THEM DISCUSSING THIS. OUR BEST SHOT AT FREEDOM MAY BE HERE IN MISSOURI WITH A SYMPATHETIC SUPREME COURT, WHICH I’VE HEARD LATELY THEY ARE NOT, EXCEPTING JUSTICE GAMBLE. DRED I UNDERSTAND ALL THAT. BUT OUR CASE IS ALREADY DECIDED. THE LAW KEEPS GOING UNTIL THE LOSER WINS. I DON’T UNDERSTAND WHAT’S HAPPENING. HARRIET THERE IS A CONCERN THAT WE ARE NOT CITIZENS BY THE ARTICLES OF CONFEDERATION, THE UNITED STATES CONSTITUTION, OR ANYTHING ELSE INCLUDING THE STATE OF MISSOURI, ALL OF WHICH MEANS WE HAVE NO STANDING TO EVEN BRING THIS CASE TO A COURT OF LAW. ALL OF USYOU, ME, HARRIET, ELIZA AND LIZZY-WE ARE ALL PROPERTY OF IRENE AND HENRIETTA SANFORD. WE HAVE NO RIGHTS.
newsclipping announcing the dred scott supreme court decision
DRED WOW! AND THAT STUFF ABOUT US BEING BORN IN A SLAVE STATE THAT DOESN’T RECOGNIZE SLAVES’ RIGHTS AS CITIZENS . . . WELL THAT MAY BE BINDING ON US PERMANENTLY ACCORDING TO ONE OF THE OPPOSING ATTORNEYS. THAT WOULD BE SO UNFAIR. HARRIET YOU’RE CATCHING ON, DRED. CITIZENSHIP IS NOT DEFINED IN THE NORTHWEST ORDINANCE, ANY CONSTITUTIONEITHER STATE OR FEDERAL-OR EVEN IN THE ARTICLES OF CONFEDERATION. IT CAN BE WHATEVER THE COURTS WANT IT TO BE AT THAT TIME. DRED NOW YOU’VE JOGGED MY MEMORY A BIT AND I’M GETTING MAD. THE 1820 MISSOURI COMPROMISE IMPLICITLY ALLOWED SLAVERY IN STATES AND TERRITORIES BELOW THE NORTHERN BORDER OF MISSOURI. IT WOULD APPEAR ON ITS FACE THAT MISSOURI WOULD THEN BE FACTUALLY WITHIN A SLAVE CULTURE AND COURT PREJUDICE. THIS IS WHAT I’M HEARING FROM OUR ATTORNEYS AND WHY THIS IS AN UPHILL CLIMB, EVEN THOUGH WE’VE ALREADY WON.
emancipation related political drawing from the period
HARRIET AND FINALLY, SO WHAT IF WE ARE FREE NEGROES? FREE AFRICAN DESCENT FOLKS STILL DON’T HAVE THE SAME RIGHTS AS FREE WHITES. IF YOU ARE BLACK OR MULATTO YOU ARE PRESUMED A SLAVE. BLACKS CANNOT VOTE AND HAVE MINIMAL ACCESS TO COURTS. JOBS ARE BIASED AND CRIMES ARE DECIDED AGAINST US BY HAVING NO LEGAL REPRESENTATION. I’M SO SICK OF GETTING JUST TWO 75
PAIRS OF CLOTHES PER YEAR, SO-SO FOOD AND NEVER BEING ABLE TO SEE A DOCTOR. I GET APPALLED WHEN I SEE GANGS OF CHAINED SLAVES ON THE MISSOURI RIVER COMING IN-AND THEN THE BRUTAL CHECKS OF SLAVE’S TEETH AND MUSCLE AND EVEN THEIR BACKS TO SEE IF THEY ARE UNRULY. PATHETIC! DRED I KNOW WHAT YOU ARE SAYING-BUT I CAN REMEMBER MY VERY HAPPY CHILDHOOD-AND I’M WITH YOU AND YOU ARE MY WIFE BECAUSE OF GOOD MASTERS-I HATE TO SAY THIS, BUT REALISTICALLY WE MAY BE JUST THE SAME OR BETTER OFF AS SLAVES THAN FREE NEGROES.
general phillip sheridan
soldiers taking a break during civil war
HARRIET ONLY IF YOU HAVE A GOOD MASTER . . . BUT WHAT OF OUR KIDS? THEY COULD END UP AT BERNARD LYNCH’S SLAVE MARKETS AT 4TH AND LOCUST. OR WORSE YET, AT CORBIN THOMPSON’S SLAVE SALES AT 3 SOUTH SIXTH STREET. OR WORST OF ALL, IRENE COULD SELL LIZZY AS AN INFANT OR TODDLER TO THE WOMAN WHO RAISES NEGROES AND SELLS THEM ON MORGAN AND GARRISON STREETS. DRED, WE MUST GO ON AND FOLLOW THIS THROUGH. MAYBE WE’LL CATCH A BREAK LIKE OBTAINING CHARLES DRAKE, MARTHA BLOW’S HUSBAND, TO REPRESENT US. OR MAYBE JOSEPH CHARLESS WHOSE FATHER ESTABLISHED THE MISSOURI GAZETTE AND IS MARRIED TO CHARLOTTE BLOW-MAYBE HE WILL HELP US. HE PRODUCED OUR BONDS FOR FREEDOM WITH THE COURT. MAYBE EVEN ONE OF THE BLACK ARISTOCRACY WILL PUT UP TWO THOUSAND DOLLARS FOR OUR FREEDOM AND WE’LL BE MANUMITTED. MAYBE THAT IS A DREAM! DRED WE WILL PUSH ON. THOUGH MOST MASTERS ARE GOOD PEOPLE, WE MAY LOSE OUR KIDS. THE BLOWS WILL ALWAYS BE MY VERY BEST FRIENDS. WE WERE NEVER SEGREGATED AS I WAS JUST A DOMESTIC SLAVE-NOT IN THE FIELD MUCH. YES, WE KNEW OUR PLACES BECAUSE OF RACE. BUT WE ALSO KNEW IN MORE WAYS THAN NOT THAT WE WERE THE SAME. AS KIDS WE KNEW OUR PARENTS JUST INHERITED THIS SLAVERY MESS- THAT MANY ON BOTH SIDES HIGHLY DISAGREED WITH THE SLAVE CULTURE AND INSTITUTION. HARRIET SO YOU HAVE TO BELIEVE, DRED, THAT MOST WHITE AND MOST AFRICAN PEOPLE WANT US TO BE FREE. I REALLY BELIEVE THIS. DRED SO WE WILL MAYBE BE THE FAMILY THAT ACTUALLY TURNS IT AROUND FOR THE AFRICAN RACE?
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HARRIET POSSIBLY, BUT NOT PROBABLY. I TOLD YOU THIS WHEN WE FIRST MET. THIS WAS A HUGE OBSTACLE-AN OBSTACLE THAT EVERY SLAVE STRONGLY THINKS ABOUT. IT IS NATURAL FOR NEGROES TO WANT THEIR FREEDOM AS MUCH AS IT IS FOR AN IMPRISONED WHITE PERSON OR AMERICAN INDIAN TO WANT THEIR FREEDOM-NO DIFFERENCE. REMEMBER THAT OUR FIRST SUIT WITH ATTORNEY DRAKE WAS FOR FALSE IMPRISONMENT-NOT JUST FREEDOM-AND EVEN THOUGH WE WON, NO DAMAGES COULD BE AWARDED SLAVES. DRED BUT HARRIET, WE ARE THE ONLY PEOPLE ON THE FACE OF THE EARTH THAT ARE INELIGIBLE FOR UNITED STATES CITIZENSHIP, THE ABILITY TO BE FREE.
slaves picking cottong
HARRIET IT IS VERY HARD TO SEE IMMIGRANTS OF ALL OTHER COLORS COME HERE AND BECOME NATURAL CITIZENS. I TOLD YOU THAT WE NEED TO BE HAPPY, ENJOY THE REAL TRUE PLEASURES OF LIFE, REALIZE THERE ARE SOME THINGS PERHAPS WE CANNOT CHANGE, BUT . . . WE HAVE EACH OTHER.
DRED
HARRIET AND MANY VERY GOOD FRIENDS-BOTH WHITES AND NEGROES-WHO ARE SO OVERWHELMINGLY SUPPORTIVE OF OUR CAUSE. WE CAN NEVER QUIT AND WE MUST FACE THE COURTS AND IRENE BOLDLY. WE HAVE MANY LEGAL OBSTACLES YET TO OVERCOME. THE ONE GOOD THING IS THAT OUR SUITS-BOTH YOURS AND MINE HAVE BEEN COMBINED BY JUDGE ALEXANDER HAMILTON. THIS WILL DECREASE OUR COURT COSTS AND REDUCE SOME OF THE LEGAL OBSTACLES. DRED I’M SO VERY TIRED. GOODNIGHT AND LOVE. LOVE.
dairy on a southern planatation
HARRIET End of Chapter 6, Beloved Harriet.
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