CHAPTER III

THE DRED SCOTT CASE

Vermont's loss was Missouri's gain. The young lawyer, who had been

admitted to the bar of his native state at the age of eighteen, was

fully equipped to match his learning, wit, and persuasive manners

against such men as Benton, Gamble, and Bates, who were the leaders of

the Missouri bar when, in 1839, Roswell Field took up his residence in

St. Louis. Now it was that his familiarity and facility with French,

German, and Spanish stood him in good stead and, combined with his

solid legal attainments, speedily won for him the rank of the ablest

lawyer in his adopted state.

But Roswell Field brought from Vermont something more than an

exceptional legal equipment and the familiarity with the languages that

is necessary to a mastery of the intricate old Spanish and French

claims which were plastered over Missouri in those early days. He had

inherited through his mother, from her grim old Puritan ancestors, the

positive opinions and unquenchable sense of duty that constitute the

far-famed New England conscience. He was born with a repugnance to

slavery, whether of the will or of the body, and grew to manhood in the

days when the question of the extension of negro slavery to the states

and territories was the subject of fierce debate throughout the union.

He had fixed convictions on the subject when he left Newfane, and he

carried them with him to the farther bank of the Mississippi.

It is to the uncompromising New England conscience of Roswell Field

that his countrymen owe the institution of the proceedings that finally

developed into the Dred Scott case, in which the question of the legal

status of a negro was passed upon by the Supreme Court of the United

States. This is very properly regarded as the most celebrated of the

many important cases adjudicated by our highest tribunal, for not only

did it settle the status of Dred Scott temporarily, but the decision

handed down by Chief Justice Taney is the great classic of a great

bench. It denied the legal existence of the African race as persons in

American society and in constitutional law, and also denied the

supremacy of Congress over the territories and the constitutionality of

the "Missouri Compromise." Four years of civil war were necessary to

overrule this sweeping opinion of Chief Justice Taney's, which is still

referred to with awe and veneration by a large minority, if not by a

majority, of the legal profession.

To Roswell Field belongs the honor of instituting the original action

for Dred Scott, without fee or expectation of compensation. The details

of this celebrated case, after it got into the United States courts,

are a part of the history of our country. What I am about to relate is

scarcely known outside of the old Court House and Hall of Records in

St. Louis.

Dred Scott was a negro slave of Dr. Emerson, a surgeon in the United

States Army, then stationed in Missouri. Dr. Emerson took Scott with

him when, in 1834, he moved to Illinois, a free state, and subsequently

to Fort Snelling, Wis. This territory, being north of 36 degrees and 30

minutes, was free soil under the Missouri Compromise of 1820. At Fort

Snelling, Scott married a colored woman who had also been taken as a

slave from Missouri. When Dr. Emerson returned to Missouri he brought

Dred Scott, his wife, and child with him. The case came to the

attention of Roswell Field, and at once enlisted all his human sympathy

and great legal ability. His first petition to the Circuit Court for

the County of St. Louis is too important and unique a human document

not to be preserved in full. It reads:

Your petitioner, a man of color, respectfully represents that

sometime in the year 1835 your petitioner was purchased as a slave

by one John Emerson, since deceased, who afterwards, to wit, about

the year 1836 or 1839, conveyed your petitioner from the State of

Missouri to Fort Snelling, a fort then occupied by the troops of the

United States, and under the jurisdiction of the United States,

situated in the territory ceded by France to the United States under

the name of Louisiana, lying North of 36 degrees and 30 minutes

North latitude, not included within the limits of the State of

Missouri; and resided and continued to reside at said Fort Snelling

for upwards 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

Missouri Territory to form a constitution and State government and

for the admission of such state into the Union on an equal footing

with the original states and to prohibit slavery in certain

territories."

Your petitioner avers that said Emerson has since departed this

life, leaving a widow, Irene Emerson, and an infant child whose name

is unknown to your petitioner, and that one Alexander Sandford has

administered upon the estate of said Emerson and that your

petitioner is now unlawfully held by said Sandford as said

Administrator and said Irene Emerson who claims your petitioner as

part of the estate of said Emerson and by one said Samuel Russell.

Your petitioner therefore prays your Honorable Court to grant him

leave to sue as a free person in order to establish his right to

freedom and that the necessary orders may be made in the premises.

(Signed) DRED SCOTT.

his DRED X SCOTT mark

Sworn to and subscribed before me this 1st day July, 1847,

PETER W. JOHNSTONE, J.P.

Upon reading the above petition this day, it being the opinion of

the Judge of the Circuit Court that the said petition contains

sufficient matter to authorize the commencement of a suit for his

freedom, it is hereby ordered that the said petitioner, Dred Scott,

be allowed to sue, on giving security satisfactory to the Clerk of

the Circuit Court for all costs that may be adjudged against him,

and that he have reasonable liberty to attend his counsel and the

Court as occasion may require, and that he be not subjected to any

severity on account of this application for his freedom and that he

be not removed out of the jurisdiction of the Court.

A. HAMILTON,

_Judge of the St. Louis Circuit Court, 8th Judicial Circuit, Mo._

July 2d, 1847.

Having obtained the desired leave to sue from Judge Alexander Hamilton,

Roswell Field procured Joseph Charless, one of the leading citizens of

St. Louis, to execute the necessary bond for costs. Then he lost no

time in filing the following complaint, which I have no doubt Eugene

Field would have mortgaged many weeks' salary to number among his most

precious possessions. He would have cherished it above the Gladstone

axe, for, while that felled mighty oaks, this brief document laid the

axe at the root of a deadly upas-tree which threatened the destruction

of a free republic. I offer no apology for its insertion here:

STATE OF MISSOURI, ) COUNTY OF ST. LOUIS) ss.

CIRCUIT COURT OF ST. LOUIS, ST. LOUIS COUNTY. November Term, 1847.

Dred Scott, a man of color, by his attorneys, plaintiff in this

suit, complains of Alexander Sandford as administrator of the estate

of John Emerson deceased, Irene Emerson and Samuel Russell,

defendants of a plea of trespass. For that the said defendants

heretofore, to wit on the 1st day of July in the year 1846 at to wit

the County of St. 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 peace of the State

of Missouri to the damage of the said plaintiff in the sum of ($300)

Three Hundred Dollars, and therefore he sues.

FIELD & HALL, _Attys. for Plff._

With this brief and bald complaint for trespass to the person and false

imprisonment was begun a long and stubbornly fought litigation,

extending over ten years, and which was destined to end in Chief

Justice Taney declaring:

They [negroes] had for more than a century before [the Declaration

of Independence] been regarded as beings of an inferior order, and

altogether unfit to associate with the white race, either in social

or political relations; and so far inferior that they had no rights

which the white man was bound to respect; and that the negro might

justly and lawfully be reduced to slavery for his benefit. He was

bought and sold and treated as an ordinary article of merchandise

and traffic whenever a profit could be made by it.

From the beginning of his connection with this case Roswell Field

contended for the broad principle enunciated by Lord Mansfield that

"Slavery is so odious that nothing can be suffered to support it but

positive law." He consented to a discontinuance of the original action

because of the variance of the complaint from the subsequently

discovered facts. In the second suit Dred Scott and his family were

declared free by the local court, but the judgment was reversed on

appeal to the Supreme Court of the state. Judge Gamble, in dissenting

from the opinion of the majority of the Court, held that "In Missouri

it has been recognized from the beginning of the Government as a

correct position in law that a master who takes his slave to reside in

a state or territory where slavery is prohibited thereby emancipates

his slave."

The subsequent sale of Dred Scott to a citizen of New York named

Sandford afforded Roswell Field the opportunity to renew the fight for

Scott's freedom in the United States Circuit Court at St. Louis. The

case was tried in May, 1854, and it was again declared that Scott and

his family "were negro slaves, the lawful property of Sandford."

Roswell Field immediately appealed by writ of error to the Supreme

Court of the United States, where the appeal was first argued early in

1856, and a second time in December of the same year. Mr. Field's

connection with the case ended when he prepared the papers on appeal

and sent his brief to Montgomery Blair, with whom was associated for

Scott on the second hearing George Ticknor Curtis. Both of these

eminent lawyers emulated the example of Eugene Field's father, who for

nearly nine years had devoted a large share of his time and energy to

the fight of a penniless negro slave for liberty.

Looking back now it is almost impossible to realize how the issue in

this case stirred the nation to its depth. It was first argued while

the country was in the throes of the fierce Fremont-Buchanan campaign,

and it was believed that the second hearing was ordered by a

pro-slavery court after Buchanan's election, to permit more time in

which to formulate the extraordinary decision at which the majority of

the court arrived. The decision was political rather than judicial, and

challenged the attention of the people beyond any act of the Supreme

Court before or since.

The Civil War was virtually an appeal from the judgment of Chief

Justice Taney and his associates to the God of Battles.

It must not be thought that a single case, although the most celebrated

in the annals of American jurisprudence, was Roswell Field's sole claim

to the title of leader of the Missouri bar during his lifetime. The

records of the Superior Court of that state bear interesting and

convincing testimony to the exceptional brilliancy of Eugene Field's

father, while the tributes to his memory, by his brothers at the bar

and the judges before whom he appeared, prove that in all the relations

of life he fulfilled the promise of ability and genius given in his

graduation from college at an age when most boys are entering a

preparatory school.

Before dismissing Roswell Field to take up the story of his son's

career, I wish to quote a few passages from a brief memoir which is

preserved in the history of Newfane, as throwing direct hereditary

light on the peculiar character, fascinating personality, and

entertaining genius of his son.

As I may hereafter have occasion to refer to Eugene Field's political

convictions, let us begin these quotations with one as to his father's

politics:

"In the dark days of the Rebellion, during the years 1861 and 1862,

when the friends of the Union in St. Louis and Missouri felt that they

were in imminent danger of being drawn from their homes and of having

their estates confiscated by rebels and traitors, General Lyon, General

Blair, and R.M. Field were among the calm, loyal, and patriotic men who

influenced public action and saved the city and state."

Those of my readers who knew the son will recognize much that

captivated them in this description of the father:

"In his social relations he was a genial and entertaining companion,

unsurpassed in conversational powers, delighting in witty and sarcastic

observations and epigrammatic sentences. He was elegant in his manners

and bland and refined in his deportment. He was a skilful musician and

passionately fond of children, and it was his wont in early life to

gather them in groups about him and beguile them by the hour with the

music of the flute or violin. He was actually devoid of all ambition

for power and place, and uniformly declined all offers of advancement

to the highest judicial honors of the state."

From the lips of Samuel Knox, of the St. Louis bar, we have this

testimony as to the remarkable extent and versatility of Roswell M.

Field's talents:

"Uniting great industry and acquirements with the most brilliant wit

and genius, well and accurately informed on all subjects, both in

science and art; endowed with a memory that retained whatever it

received, with quick and clear perceptions, the choicest, most

felicitous, and forcible language in which to clothe his thoughts, no

one could doubt his meaning or withhold the tribute of wonder at his

power."

[Illustration: CHARLES KELLOGG FIELD.]

To clinch the evidence as to the source from which Eugene Field derived

pretty nearly everything that won for him such meed of fame as fell to

his lot, let me quote from an interview with Melvin L. Gray, his

guardian and foster-father, printed in the Helena Independent,

September 6th, 1895, shortly before his idol's death:

"If I had never believed in the influence of heredity before, I would

now, after having known Eugene Field and his father before him. The

father was a lawyer of wonderful ability, but he was particularly

distinguished by his keen wit, his intense appreciation of the humorous

side of life, and his fondness for rare first editions of literary

works. He was a profound student, and found much time to cultivate the

fairer qualities that some lawyers neglect in the busy round of their

profession. Eugene is not a lawyer, but he has his father's tastes, his

father's keen wit, and much of the same fineness of character and

literary ability."

"Another point of similarity is found in Eugene's neglect of financial

matters. In his youth the father was equally negligent, although he did

subsequently grow more thrifty, and when he died left the boys a little

patrimony. As executor I apportioned the money as directed. Both the

boys spent it freely while it lasted."

I find no trace in the father of what, all through life, was the

pre-eminent characteristic of Eugene, the inveterate painstaking,

mirth-compelling practical-joker. But in Brattleboro, Newfane, and

throughout Vermont everybody says, "That's jest like his uncle Charles

Kellogg. There was never such another for jest foolin'. He'd rather

play a hoax on the parson that would embarrass him in the face of his

congregation than eat." When they were boys, it was Charles that led

Roswell into all kinds of mischief. "Uncle Charles Kellogg"--they

always give him the benefit of the second name in Brattleboro--had a

reputation for wit and never-ending badinage throughout the

neighborhood that still survives and leaves no room to question whence

Eugene inherited his unquenchable passion "for jest foolin'."

Eugene Field, a Study in Heredity and Contradictions — Volume 1 · 第 3 / 16 章