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It's unlikely there was any real violence in the Dred Scott case. Dred Scott sued for his freedom from Irene Emerson, widow of the late Dr. Emerson, who purchased Scott from the Blow family in 1834. Emerson was a doctor in the US Army, stationed at various posts in the Midwest and upper South. Among the places Dr. Emerson and Dred Scott lived were Rock Island, Illinois, a "free state," and several US territories with anti-slaverly laws. Scott (and his wife) was supposed to be free by virtue of having lived in those areas under the "once free, always free" doctrine. But he didn't exercise that option, and was once again living in Missouri slave-holding territory at the time Dr. Emerson died. This supposedly transferred his ownership as part of the estate to Dr. Emerson's widow, Irene.

Scott tried to buy his and his family's freedom from Irene, but she refused. He then took her to court to sue for his freedom in Scott v. Emerson, (1847) (this pre-dated the Scott v. Sanford, (1857) case).

Part of Scott's defense was that, in addition to kidnapping and illegal imprisonment, Mrs. Emerson physically abused him and his family, which was a common legal strategy at the time (just as women once had to allege intolerable cruelty to be freed from their husbands in the days before no-fault divorce). Cruelty charges often made the jury more sympathetic to the Plaintiff.

Irene Emerson was not known to be a violent person, and there are no known physical descriptions of any Scott family member displaying the bruises or marks of abuse claimed in the legal documentation.

Case Citation:

Scott v. Sandford, 60 US 393 (1857)

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Q: Who did most of the violence in the Dred Scott case?
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