Davenport Democrat Davenport, Scott, Iowa July 20, 1924 DRED SCOTT AND HIS OWNER ONCE RESIDED HERE NEGRO GAVE NAME TO FAMOUS SUPREME COURT CASE ON SLAVERY. Dr. John Emerson, owner of "Dred" Scott, whose name gave title to one of the most famous and momentous decisions ever handed down by the supreme court of the United States, once lived in Davenport and practiced medicine here. He was familiar with many of the old residents, having been their family physician. The Dred Scott case became the most important slavery case ever held in a U.S. court. The final decision meant a great deal to the negro. It meant that if a negro went into free soil with his master and returned that he was not a free negro. Dred Scott, the negro, was also at one time a resident of Davenport. The home of his master was where the Beck safe now stands. No doubt Dred Scott was a well known figure in Davenport. The remains of Doctor Emerson are buried in Davenport. He was first buried in the LeClaire cemetery at the intersection of LeClaire and Sixth streets. Later the body was removed to either the city or St. Mary's Church yard cemetery. An Important Case. The case of Dred Scott is an interesting one and every school child has read it. After Dred Scott returned to Missouri with his master, Francis P. Blair, a rising young lawyer, who was interested in anti-slavery, sought Dred Scott as a client. He wished to test the rights of slavery to reclaim persons once on free soil. After Dred Scott was whipped by Doctor Emerson, he had the doctor arrested on assault and battery charge, claiming that he was a free man and had that right. But since Dred Scott was not a citizen of the United States, the charge had no effect. While Doctor Emerson was serving his country as a surgeon to the garrison on Rock Island the Black Hawk purchase carried him across the river with other settlers who were homesteading on the new land. He built a substantial home where now Beck's cafe now stands and entered a claim on the banks of the Mississippi adjoining the claim of Antoine LeClaire. Since Dred Scott was his slave, the doctor had him live on the land and fulfill the requirements expected of him. Later the doctor sold the tract for $1,000. The Dred Scott decision came in 1856 when Chief Justice Taney was in office. It is one of the most lengthy of decisions and is one of great interest. Can't Be Citizen. It reads in part: " A free Negro of the African race whose ancestors were brought to this country and sold as slaves is not a 'citizen' within the meaning of the Constitution. According to the constitution Dred Scott was not able to sue in that character. The plaintiff himself acquired no title to freedom by being taken to free territory and back to Missouri. A negro is not free of the owner takes him to a state where slavery is not permitted, and afterwards back to Missouri. Action was brought for his freedom in circuit court of St. Louis County, Missouri, where there was a verdict and judgment in his favor. On a writ of error to the Supreme court of the state, the judgment was reversed, and the case remanded to the district court." Briefly in the following paragraphs is told the story of Dred Scott and how he became involved in one of the most famous cases in the history of our supreme court. In the year 1834, Dred Scott, a negro slave, belonging to Doctor Emerson, who was a surgeon in the army of the United States, came north with his master. Doctor Emerson took Scott from the state of Missouri to a military post in Rock Island, Illinois. Later to Fort Snelling, Minn., then known as Upper Louisiana. He held Scott there until 1833. It was in the year 1836 that Scott married a Negro woman by the name of Harriet. They had two children, Eliza and Lizzie. 14th Amendment. The decision of the supreme court remained a U.S. law until the passing of the 14th amendment after the Civil war. A story is told that at one time Dred Scott escaped from his master and hid in a building on the outskirts of the town for several days. "Nigger" runners who were working in Davenport then traced him and delivered him to Doctor Emerson. While earning a title for his master's homestead, however, Scott remained a faithful slave. It was the fact that he was torn away from his loved ones that made him fight for freedom. It was the fight and the audacity of the young attorney, Blair, who was able to win Scott his freedom in the state of Missouri, only to have the decision reversed by the supreme court. At that time pro and anti-slavery politics played a great part in the government of our country. It meant a great deal to slave owners if a Negro could go into Free Soil and become a free man. But the Constitution of the United States was against them. The framers had taken care of the slavery question until the passing of the 14th amendment. Just where Doctor Emerson's grave is located, no one seems to know. It certainly would be a spot of national historic interest. Cathy Joynt Labath Scott Co, IA USGenWeb Project http://www.celticcousins.net/scott/ Iowa Old Press http://www.IowaOldPress.com/