By Thomas Sowell
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Extra resources for Judicial Activism Reconsidered (Essays in public policy)
Sample text
His slaves worked the lands surrounding Olde Place, but the farmland was tired and worn out, having been overplanted for years and sapped of its nutrients. ) Meanwhile, Elizabeth gave birth to two more sons: Peter, named for his father, in 1814, and Henry Taylor three years later. Dred Scott may have either been in his late teens or early 20s by then and may have been too old to work as a house servant, helping care for young children. He may, instead, have already been sent out to work Peter Blow’s struggling plantation fields.
About that time, though, Dred was making overtures to Irene Emerson concerning his freedom and that of his family. He offered Mrs. Emerson $300 as a down payment of sorts. Irene Emerson, however, was not interested in Dred Scott’s offer. Then, to Irene’s surprise, Dred Scott and his wife, Harriet, took a bold step, one that would set the course for the remainder of Dred’s life. On April 6, 1846, the Scotts filed a petition in the Missouri Circuit Court of St. Louis. They were suing Irene Emerson for their freedom and for the freedom of their two daughters, Eliza and Lizzie.
21 Emerson enjoyed the regular pay of working as an Army doctor and began applying for a medical officer’s commission. With Emerson’s move to Illinois, Dred Scott suddenly found himself living outside the region of the country where slavery existed. Illinois had always been free territory, at least from 1787 A New Life for Dred Scott 47 and the passage of the Northwest Ordinance. This meant that, by law, slavery did not exist in Illinois, yet Emerson had brought his slave into the state, not simply while traveling through, but to take up residence.