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The two questions before the Supreme Court related to the writ of error against the Circuit Court's earlier appellate decision in the case:
- Had the Circuit Court of the United States jurisdiction to hear and determine the case between these parties?
- If it had jurisdiction, is the judgment it has given erroneous or not?
Taney summarized the substance of the case:
"The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution. "
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It concerned the well-accepted rule of 'Once free, always free' about slaves who had applied for their freedom when they were on free soil - where it would automatically have been granted.
Dred Scott's master was an army officer who had been posted to free soil for some years, and taken his slave with him, but Scott had not applied for his freedom at that time.
Later, his master was posted back to slave soil (also taking his slave with him), and then died, bequeathing Scott in his will to his wife's family.
Scott then tried to sue for his freedom retrospectively, but the local judges had never dealt with this situation, and it was referred to the Supreme Court, with the serious consequences that we all know.
Case Citation:
Dred Scott v. Sanford, 60 US 393 (1857)
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