Statement of Facts in Dred Scott v. Sanford (1854)

In the Circuit Court of the United States for the District of Missouri.

Dred Scott vs John F. A. Sanford.

The parties above named agree on the following statement of facts:

In the year 1834, the plaintiff was a negro slave belonging to Doctor Emerson who was a surgeon in the army of the United States. In that year 1834, said Dr. Emerson took the plaintiff from the State of Missouri to the military post at Rock Island in the State of Illinois and held him there as a slave until the month of April or May, 1836. At the time last mentioned said Dr. Emerson removed the plaintiff from said military post at Rock Island to the military post at Fort Snelling, situate on the west bank of the Mississippi River in the Territory known as Upper Louisiana acquired by the United States of France and situate north of the latitude of 36 degrees 30 minutes north & north of the State of Missouri. Said Dr. Emerson held the plaintiff in slavery at said Fort Snelling from said last mentioned date until the year 1838.

In the year 1835 Harriet, who is named in the second count of the plaintiff's declaration was the negro slave of Major Taliaferro who belonged to the army of the United States. In that year 1835, said Major Taliaferro took said Harriet to said Fort Snelling a military post situated as hereinbefore stated & kept her there as a slave until the year 1836 and then sold and delivered her as a stave at said Fort Snelling unto the said Dr. Emerson hereinbefore named. Said Dr. Emerson held said Harriet in slavery at said Fort Snelling until the year 1838.

In the year 1836, the plaintiff and said Harriet at said Fort Snelling, with the consent of said Dr. Emerson, who then claimed to be their master and owner, intermarried and took each other for husband and wife. Eliza and Lizzy named in the third count of the plaintiff's declaration are the fruit of that marriage. Eliza is about 14 years old and was born on board the steamboat Gipsey north of the north line of the State of Missouri & upon the River Mississippi. Lizzy is about seven years old and was born in the State of Missouri at the military post called Jefferson Barracks.

In the year 1838 said Dr. Emerson removed the plaintiff and said Harriet & their said daughter Eliza from said Fort Snelling to the State of Missouri where they have ever since resided.

Before the commencement of this suit, said Dr. Emerson sold & conveyed the plaintiff, said Harriet, Eliza & Lizzy to the defendant as slaves, and the defendant has ever since claimed to hold them and each of them as slaves.

At the times mentioned in the plaintiff's declaration the defendant claiming to be owner as aforesaid laid his hands upon said plaintiff, Harriet, Eliza & Lizzy & imprisoned them, doing in this respect however no more than what he might lawfully do if they were of right his slaves at such times.

R. M. Field for Plaintiff
H. A. Garland for Defendant

Further proof may be given on the trial for either party.

It is agreed that Dred Scott brought suit for his freedom in the Circuit Court of St. Louis County. That there was a verdict & judgment in his favor. That on a writ of error to the Supreme Court the judgment below was reversed and the same remanded to the Circuit Court where it has been continued to await the decision of this case.

Field for Plaintiff
Garland for Defendant