BH-Chapter8

black family shortly after civil war era

plantation work scene

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picking cotton

AN INSPIRING HISTORICAL FICTION DRAMA SCRIPT BASED ON SCOTT V SANFORD, THE (7-2) U.S.SUPREME COURT RULING READ BY CHIEF JUSTICE ROGER TANEY ON MARCH 6,1857 THAT STATED THAT NEGROES-WHETHER FREE OR SLAVE-ARE NOT UNITED STATES CITIZENS BY THE CONSTITUTION. ADDITIONALLY, THE NORTHWEST ORDINANCE OF 1787 COULD NOT CONFER CITIZENSHIP OR FREEDOM TO NEGROES WITHIN THIS TERRITORY. AND FINALLY, THE 1820 MISSOURI COMPROMISE PROVISION DISALLOWING SLAVERY NORTH OF MISSOURI EXCEEDED CONGRESSIONAL POWER AND THUS, THIS PORTION OF THE LEGISLATIVE ACT WAS NULL AND VOID. AS A RESULT DRED AND HARRIET SCOTT WITH THEIR CHILDREN (ELIZA AND LIZZY) HAD NO JURISDICTIONAL POWER TO UTILIZE THE FEDERAL COURTS TO OBTAIN FREEDOM OR CITIZENSHIP. THIS RULING SET THE STAGE FOR THE LINCOLN-DOUGLAS DEBATES OF 1858 AND THE CIVIL WAR. HARRIET SCOTT’S TREMENDOUS SUPPORT OF HER HUSBAND, DRED, IN HIS FREEDOM SUIT, FIGHTING TO KEEP HER FAMILY TOGETHER, AND THE UNENDING PLIGHT TO HAVE HER DAUGHTERS LIVE”FREE”IS A REMARKABLE TRIBUTE TO WOMEN AND MANKIND. THE STORY BEGINS AT FORT SNELLING IN WISCONSIN TERRITORY IN MAY 1836 WHERE DRED AND HARRIET SCOTT ACTUALLY MEET.

MAY 31, 1854 HARRIET DRED-IT’S THE SAME OLD THING. ALL THE ISSUES WE DISCUSSED PREVIOUSLY HAD NO EFFECT ON THE FEDERAL COURT. DRED YES-I UNDERSTAND YOUR FRUSTRATION. ROSWELL FIELD’S ARGUMENTS WENT NOWHERE IN FRONT OF THIS COURT. lincoln with matthew brady, civil war era photographer and union general

HARRIET THEY KEEP APPLYING STRICT MISSOURI LAW-NOT THE LAW OF ILLINOIS OR THE NORTHWEST ORDINANCE TERRITORY LAW. DRED THOSE ARGUMENTS ARE DEAD IN THE WATER. IRENE’S LAWYERS ARE FIGHTING THIS ALL THE WAY TO THE KING OF ENGLAND. WE JUST HAVE A MEAN BAD MASTER-THAT’S ALL. IN FACT NO ONE I TALK TO CAN BELIEVE WHY IRENE AND HER ATTORNEYS ARE FIGHTING OUR FREEDOM. IT IS AS IF A CONSPIRACY IS AGAINST US.

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HARRIET WELL, IF RESIDING IN FORT SNELLING OR FORT ARMSTRONG, ILLINOIS-BOTH FREE JURISDICTIONS-WERE APPLIED BY MISSOURI COURTS IN OUR SITUATION-WELL, THEN WE’D BE FREE. DRED WELL, AGAIN THE FEDERAL COURT DISCUSSES WHETHER OR NOT WE ARE CITIZENS-WHETHER WE ARE MISSOURI OR UNITED STATES CITIZENS. HARRIET IT’S OBVIOUS THE COURTS LOOK AT US DIFFERENTLY THAN MOST EVERYONE ELSE WE CONFRONT DAILY. IN FACT SOME OF THE MOST STAUNCH ANTI-ABOLITIONISTS HAVE TOLD MYSELF AND OUR ATTORNEYS THAT THEY “FEEL” FOR US AND HOPE THIS IS RESOLVED IN OUR FAVOR. THE RECENT KANSAS-NEBRASKA ACT IS, HOWEVER, ANOTHER FACTOR FOR THE COURTS AND OPPOSING ATTORNEYS TO WORK AGAINST US-ALLOWING MORE LIBERAL USE OF SLAVERY. WE ARE GOING BACKWARDS AS A COUNTRY. THE SCOTTS MUST STOP THIS.

Dred scott’s grave in st louis

DRED YES-IN FACT, WE AGAIN REMAIN THE ONLY PEOPLE ON EARTH THAT ARE DENIED CITIZENSHIP RIGHTS APPARENTLY BECAUSE OF OUR SKIN COLOR. HARRIET WE’VE HEARD FROM MANY WHITES, INDIANS, HISPANICS, AND OTHERS WHO ARE SERVANTS ALSO-IT’S NOT JUST AFRICANS WHO ARE IMPRISONED. DRED BUT IT IS THE LARGE SCALE OF OUR POPULATION OF AFRICANS-THAT’S WHAT IS SETTING THE SLAVE POPULATION APART FROM THE OTHER SERVANT CLASSES. HARRIET IT YOU ASK ME, IT’S MORE THAN RACE. IT’S ABOUT HUMAN DIGNITY- NOT JUST FOR AFRICANS-BUT EVERYONE WHO IS A NON-PAID SERVANT. HECK, I FEEL FOR WHITES, HISPANICS, INDIANS, AND ANY OTHERS WHO ARE ALSO IN BONDAGE.

view of scott’s living area at field museum

DRED WELL, WE’VE LEARNED THROUGH ALL OF THIS THAT STATE’S RIGHTS ARE SUPREME, THAT THE LAWS ARE SO VARIABLE AROUND THE UNITED STATES THAT EVEN MISSOURI SUPREME COURT JUSTICES DON’T KNOW AND UNDERSTAND THE LAW THAT WELL.

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HARRIET I’VE HEARD MUTTERING IN THE HALL THAT IF DRED AND HARRIET SCOTT WERE ONLY A SNOWBALL’S THROW AWAY IN ILLINOIS-WELL, THERE WOULD BE ABSOLUTELY NO LEGAL CASE-THEY WOULD BE LIVING AND HAVING THEIR OWN BUSINESS, AFFAIRS, UNIMPEDED FAMILY, HOUSE OTHER THAN A LEAN-TO, BETTER MEALS THAN THE STEW WE HAVE EVERY NIGHT MADE OF SCRAPS, AND ETERNAL HOPE. DRED SOME DAY FREEDOM WILL RING FOR AFRICAN AMERICANS AND THIS WILL ALL BE HEALED.

chancellorsville,

HARRIET YES-IN FACT THERE ARE SO MANY SLAVE STORIES I’VE HEARD ABOUT SINCE WE BEGAN OUR FIGHT-THE VERY WORST IS OUR VERY OWN AFRICANS CAPTURING AND NETTING OUR OWN PEOPLE-AND SELLING YOUNG KIDS AND ADULTS TO OTHER TRIBES AND WHITE SLAVE TRADERS JUST FOR MONEY, FOOD, OR WHATEVER. IT STILL IS HAPPENING ACCORDING TO SOME OF THE REAL DARK NEGROES ON THE BOATS UP THE MISSOURI-EVEN THOUGH UNITED STATES LAWS NOW DISALLOW THIS PRACTICE. IT’S APPALLING. DRED ALL THE AFRICANS HAD TO DO WAS SAY NO-RESIST THIS TEMPTATION TO CONSPIRE WITH INSIDIOUS WHITE PEOPLE WHO WANTED TO BENEFIT FROM FREE WORK-MAKE THE SO CALLED SOUTHERN ANTE-BELLUM ECONOMY FLOURISH. IT GOES ON AND ON. EVERYONE KNOWS WHAT IS HAPPENING. I’VE BECOME VERY EDUCATED ABOUT SLAVERY.

harriet’s Grave marker

HARRIET YOU ALREADY KNEW MUCH OF THIS, DRED-YOU HAD SUCH GREAT MASTERS IN THE BLOW FAMILY-IT WAS PROBABLY MUCH BETTER UNDER THE BLOWS THAN IT COULD HAVE BEEN IN THE UNITED STATES AS A FREE NEGRO. DRED I STILL SEE SOME OF THE BLOWS-THEY ARE THE GREATEST-I CANNOT SAY ENOUGH FOR THEM-IN FACT THIS FAMILY SAID IF THEY WENT BANKRUPT OVER THIS TRIAL IT WOULD BE WORTH IT-THAT IS HOW MUCH RESPECT THEY HAD FOR OUR FAMILY. UNBELIEVABLE. HARRIET IT MAKES YOU THINK THAT WITH SO MANY GOOD PEOPLE OF ALL RACES IN THIS COUNTRY, HOW CAN WE BE IN THIS SITUATION? IT REALLY DOESN’T MAKE SENSE.

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DRED IT BOILS DOWN TO THESE STUPID STATE LAWS AND COURTS APPLYING PURE STATE LAW-NOT THE NORTHWEST ORDINANCE-WHICH WOULD HAVE MADE US FREE BY RESIDING IN A FREE TERRITORY. OR THE 1820 MISSOURI COMPROMISE AS APPLIED FROM RACHEL V WALKER THAT ALL SLAVES, IF RESIDING IN A FREE STATE OR TERRITORY NORTH OF MISSOURI, WOULD BE ALLOWED TO BE SET FREE. THAT WAS THE COMPROMISE WITH MISSOURI-MAINE BECOMING STATES: A FREE STATE GETS INTO THE UNION AND MISSOURI IS ALLOWED TO UPHOLD SLAVERY WITH THE RESTRICTIONS OF SLAVE FREEDOM. HARRIET IT IS SAD THAT AT THIS TIME BY EITHER LEGISLATIVE ACT OR

BY JUDICIAL INTERPRETATION AS ROSWELL HAS EXPLAINED TO ME-AND I WON’T FORGET-THAT WE ARE TECHNICALLY NOT CITIZENS OF MISSOURI-THAT WE DON’T HAVE CITIZENSHIP RIGHTS. MR FIELD SAID MISSOURI DOESN’T RESPECT WHAT HE CALLS ADOPTING THE LAW WHERE WE WERE RESIDING-SPECIFICALLY FORT SNELLING LAW IN WISCONSIN TERRITORY, OR EVEN ILLINOIS LAW WHERE WE FIRST MET AND BOTH RESIDED. AND ELIZA, BEING BORN ON “THE GYPSY” STEAMSHIP IN THE NORTHERN TERRITORY, IS

BY LAW A FREE BLACK WOMAN. OUR DAUGHTER DESERVES TO BE FREE.

fort snelling, minnesota territory

DRED WHO WOULD HAVE BELIEVED WE’D BE SO VERSED IN THE LAW? AND NOW WE ARE HEADING TO THE SUPREME COURT OF THE UNITED STATES. WHO WOULD HAVE BELIEVED THIS? ST. LOUIS SHOULD BE ASHAMED. THE MISSOURI FEDERAL COURT SHOULD BE ASHAMED-THEY DID NOTHING BUT SAY THE MISSOURI SUPREME COURT AND STATES’ RIGHTS ARE SUPREME WHATEVER THE STATE COURTS SAY IS THE LAW. HARRIET NO, I THINK THE NEWSPAPERS AND MANY OTHERS ARE ACTUALLY ENJOYING THIS LEGAL RIDE WHILE OUR KIDS ARE DOWN THE BLOCK-ESSENTIALLY HIDDEN.

court house, st louis, missouri

DRED THIS COULD ALL END NOW IF JOHN SANFORD WOULD JUST SET US FREE. BUT HE WILL NOT ON PRINCIPLE. HARRIET IT IS SO BRUTALLY UNFAIR-WHO MAKES THESE LAWS? WHO INTERPRETS THEM? WHO IN THEIR RIGHT MIND WOULD WANT MY KIDS TO NOT LIVE WITH US? WHO WOULD WANT US ESSENTIALLY IN PRISON THE PAST FEW YEARS THROUGH ALL THIS LITIGATION OVER SOMETHING SO DEAR AND ESSENTIAL AS FREEDOM? I DON’T GET IT. THESE 89

PEOPLE I HOPE SOMEDAY WILL FINALLY GET IT. I CAN’T BELIEVE SOME OF THESE FOLKS ACTUALLY REALIZE WHAT THEY ARE DOING-ESPECIALLY THE SANFORDS. WHAT IF THEIR RELATIVES WERE WHITE SERVANTS-WOULD THEY WANT THIS FOR THEM? DRED SOME SAY IT’S FINANCIAL-OUR FAMILY SUPPORTS THE SANFORDS WITH OUR WORK EFFORTS HERE IN ST. LOUIS, OUR KIDS ARE WORTH MUCH MONEY AT SLAVE TRADES DOWN THE STREET. YOU KNOW ELIZA AND LIZZY ARE BEAUTIFUL GIRLS WHO WILL, AS SOME PEOPLE FEEL, MAKE MORE BEAUTIFUL CHILDREN SLAVES WHO WILL MAKE MORE GREAT SLAVES-AND IT WILL GO ON AND ON AND NEVER END.

eugene field ‘s house

HARRIET WE MUST STOP THIS-SINCE IT HAS BEEN SO ROUGH AND LONG, MAYBE OUR CASE WILL MAKE A DIFFERENCE FOR NEGROES. DRED I SURELY HOPE SO. WE NEED CHANGE-AND THE VERY BEST BENEFIT FOR THIS WILL BE OUR CHILDREN-THE ABILITY OF OUR CHILDREN TO LIVE IN A FREE SOCIETY WITHIN THE UNITED STATES. HARRIET OK-WE GO TO WASHINGTON DC AND HOPEFULLY WIN THIS CASE BASED ON DIVERSITY OF CITIZENSHIP-MEANING THE SCOTTS VERSUS JOHN SANFORD OVER FIRST AMENDMENT RIGHTS-THEN WHAT?

the field’s sons

DRED WELL, WE START OUR OWN BUSINESSES AND SAVE MONEY UNTIL WE CAN ENROLL OUR KIDS IN SCHOOLS, RENT AN APARTMENT OR BUY A HOUSE, EAT FOOD BOUGHT AT A GROCERY, GO TO SOCIAL EVENTS, SUPPORT THE CHURCHTHE LIST GOES ON-IT WILL CHANGE OUR LIVES-MAYBE NOT OVER NIGHT-BUT IN TIME THERE WILL BE CHANGE-AND OTHER NEGRO FAMILIES IN THE SAME SITUATION WILL CONTEST THESE LAWS-AND HOPEFULLY ONE DAY THE INSTITUTION OF SLAVERY OR BONDAGE WILL END. HARRIET HOPEFULLY WITHIN OUR LIFETIME-BUT YOU KNOW CHANGE IS SLOW EVEN WITH US HOPEFULLY WINNING THIS CASE. WELL, IT WON’T CHANGE MUCH OVER NIGHT. DRED ROSWELL FIELD FEELS THAT THE PUBLIC OPINION IS DEEPLY IN OUR FAVOR.

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HARRIET BUT THE ST. LOUIS PAPERS AND OTHER SOUTHERN PAPERS HAVE BEEN REALLY FAVORING THE SANFORDS IN THIS CASE. I FEEL IT WILL BE CLOSE-PROBABLY A 5-4 VOTE IN THE SUPREME COURT. DRED AGAIN, HOPEFULLY IN OUR FAVOR. IT LOOKS LIKE MONTGOMERY BLAIR-WHO HAS STRONG TIES TO ST. LOUISWILL ASSIST LEGALLY WITH OUR CASE. HARRIET AND WE’VE RECEIVED DONATIONS FROM ALL OVER THE WORLD. AND THE BLOWS-YOUR FAVORITE FAMILY HAS CHIPPED IN AGAIN FOR LEGAL COSTS. DRED AND MR. BLAIR FEELS STRONGLY HE WILL HAVE TO HAVE A GREAT ARGUMENT TO WIN OUR CASE SINCE SIX SUPREME COURT JUSTICES ARE SOUTHERNERS INCLUDING CHIEF JUSTICE TANEY AND TWO NORTHERN JUSTICES ARE PROSLAVERY.

Surrender of Fort Donelson, Tennessee

HARRIET BUT MONTGOMERY BLAIR IS THE VERY BEST CITIZEN RIGHTS’ ATTORNEY IN THE UNITED STATES-IF HE CANNOT WIN OUR CASE, WELL, I GUESS NO ONE CAN. DRED THE REALLY WEIRD THING ABOUT OUR CASE AND WHY WE’VE BEEN TRANSFERRED TO IRENE’S BROTHER AS OUR MASTER, IS THAT IRENE IS MARRYING AN ABOLITIONIST UP NORTH WHO IS QUITE ACTIVE POLITICALLY. I GUESS THIS CASE IS QUITE EMBARRASSING TO THEM BOTH. HARRIET I HEARD IRENE DIDN’T TELL MR. CHAFFEE ABOUT THE DRED SCOTT CASE BEFORE THE MARRIAGE, WHICH NOW MEANS DRED AND HARRIET SCOTT V SANFORD.

slave auction lithograph

DRED IT WOULD BE SOMETHING FOR IRENE EMERSON TO BE HONEST ONCE IN HER LIFE. IF ONLY SHE HAD LET US HAVE OUR FREEDOM YEARS AGO. IF ONLY . . .

HARRIET WHO KNOWS? WE HAVE ONLY BECOME CLOSER BECAUSE OF THE SUIT. WE ARE HELPING OUR KIDS AND MANY OTHERS WITH OUR PLIGHT. I’M SO VERY PROUD OF YOU, DRED, FOR CONVINCING ME THIS IS TRULY THE RIGHT COURSE OF ACTION-GIVING ME THE STRENGTH TO CARRY 91

THROUGH-I COULDN’T HAVE DONE IT WITHOUT YOUTHESE PEARLS YOU GAVE ME UP NORTH HAVE BEEN MY INSPIRATION TO JUST KEEP GOING. NO MATTER WHAT THE COURTS SAY-WE WILL FIGHT THROUGH ALL OBSTACLES TO HAVE OUR CHILDREN, ELIZA AND LIZZY, LIVE FREE. DRED AND WE’VE WELCOMED MANY NEW FRIENDS INTO OUR LIVES-BOTH NEGRO AND WHITE-BECAUSE OF THE SUIT. HARRIET DON’T FORGET ABOUT ALL YOUR INDIAN FRIENDS. I GUESS LOTS OF FOLKS WILL KNOW US AFTER THIS SUPREME COURT CASE.

Roswell field

DRED TRUST ME, HARRIET-I JUST WANT OUR FREEDOM-THAT IS ALL-NOTHING MORE-AN EQUAL OPPORTUNITY IN THE UNITED STATES OF AMERICA. HARRIET I CANNOT WAIT FOR THIS CASE TO BE DONE WITH-I WANT A WASH BOARD OF MY OWN. I’M SO SICK OF JUST TRYING TO GET BY WITH DIRTY CLOTHES. I WANT WHAT OTHER AMERICANS HAVE. DRED IT WILL COME-THE BLOWS WILL SEE TO IT-AND MAYBE, JUST MAYBE- MONTGOMERY BLAIR WILL CONVINCE THE COURT THAT WE ARE CITIZENS WITH EQUAL RIGHTS OF ALL UNITED STATES CITIZENS. HARRIET I’M SO VERY TIRED-I’M OFF TO BED-LOVE AND GOODNIGHT. CONVINCE ME THAT ROSWELL FIELD IS THE PERFECT ATTORNEY FOR US.

sign to field house, modern day

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DRED WELL, HE HAS REPRESENTED MURRAY MCCONNELL WHO WAS ACCUSED OF TAKING A SLAVE, TWO-YEAR OLD JOSIAH CEPHAS AND MOM DIANA, FROM ILLINOIS TO MISSOURI. HE KNOWS SLAVE LAW FROM THE OTHER SIDE. HE HAS FOUGHT IN BOTH THE VERMONT AND MISSOURI COURTS FOR HUMAN RIGHTS FOR ALL RACES. HE IS AN ABOLITIONIST AND SUPPORTS BENTON IN CONGRESS. HE’S A MAN OF CHARACTER-IN FACT AFTER HIS FORMER WIFE, MARY ALMIRA, WHO HAD THEIR ORIGINAL MARRIAGE ANNULLED, SHOWED UP IN ST.LOUIS AFTER NINE YEARS IN THE VERMONT COURTS-WELL, ROSWELL WOULDN’T EVEN TALK TO HER-ESPECIALLY AFTER HE DISCOVERED HER RUNAWAY HUSBAND HAD DIED. ROSWELL ADDED ELIZA AND LIZZY TO THE SUIT AND OBTAINED THE DIVERSITY OF

CITIZENSHIP AGAINST SANFORD-A GENIUS MOVE TO OBTAIN JURISDICTION IN FEDERAL COURTS. ROSWELL ARGUED STRONGLY IN ST. LOUIS FEDERAL COURT IN FRONT OF JUDGE WELLS-CITING PREVIOUS MISSOURI SLAVE LAW-HE KNEW HIS LEGAL STUFF-AND FINALLY TO OPPOSE THE WHIG GEYER IN FRONT OF THE WASHINGTON JUSTICES ROSWELL OBTAINED MR. BLAIR TO ASSIST OUR CASE. BLAIR IS AS STRONG LEGALLY AS ANYONE IN THE COUNTRY. LOVE AND GOODNIGHT-I’M TAKING A WALK. End of Chapter 8, Beloved Harriet.

st louis courthouse today

Battle of Malvern Hill, Virginia

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