DRED SCOTT, PLAINTIFF IN ERROR, v. JOHN F. A. SANDFORD.
SUPREME COURT OF THE UNITED STATES
60 U.S. 393; 15 L. Ed. 691
DECEMBER, 1856 Term
PRIOR HISTORY: THIS case was brought up, by writ of error, from
the Circuit Court of the United States for the district of
Missouri.
It was an action of trespass vi et armis instituted in the
Circuit Court by Scott against Sandford.
Prior to the institution of the present suit, an action was
brought by Scott for his freedom in the Circuit Court of St.
Louis county, (State court,) where there was a verdict and
judgment in his favor. On a writ of error to the Supreme Court of
the State, the judgment below was reversed, and the case remanded
to the Circuit Court, where it was continued to await the
decision of the case now in question.
The declaration of Scott contained three counts: one, that
Sandford had assaulted the plaintiff; one, that he had assaulted
Harriet Scott, his wife; and one, that he had assaulted Eliza
Scott and Lizzie Scott, his children.
Sandford appeared, and filed the following plea:
DRED SCOTT v. JOHN F. A. SANDFORD.
Plea to the Jurisdiction of the Court.
APRIL TERM, 1854.
And the said John F. A. Sandford, in his own proper person,
comes and says that this court ought not to have or take further
cognizance of the action aforesaid, because he says that said
cause of action, and each and every of them, (if any such have
accrued to the said Dred Scott,) accrued to the said Dred Scott
out of the jurisdiction of this court, and exclusively within the
jurisdiction of the courts of the State of Missouri, for that, to
wit: the said plaintiff, Dred Scott, is not a citizen of the
State of Missouri, as alleged in his declaration, because he is a
negro of African descent; his ancestors were of pure African
blood, and were brought into this country and sold as negro
slaves, and this the said Sandford is ready to verify. Wherefore,
he prays judgment whether this court can or will take further
cognizance of the action aforesaid.
JOHN F. A. SANDFORD.
http://supremelaw.org/decs/dredscot/dredscot.htm