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Little is known of his early years. InBlow gave up farming and settled in St. Louis, Missouri, where he sold Scott to U. A free stateIllinois had been free as a territory under the Northwest Ordinance ofand had prohibited slavery in its constitution in when it was admitted as a state.
The ceremony would have been unnecessary had Dred Scott been a slave, as slave marriages had no recognition in the law. Emerson left Scott and his wife at Fort Snelling, where he leased their services out for profit.
By hiring Scott out in a free state, Emerson was effectively bringing the institution of slavery into a free state, which was a direct violation of the Missouri Compromise, the Northwest Ordinance, and the Wisconsin Enabling Act.
Emerson sent for Scott and Harriet, who proceeded to Louisiana to serve their master and his wife.
Because Eliza was born in free territory, she was technically born as a free person under both federal and state laws. Upon entering Louisiana, the Scotts could have sued for their freedom, but did not. Finkelman suggests that in all likelihood, the Scotts would have been granted their freedom by a Louisiana court, as it had respected laws of free states that slaveholders forfeited their right to slaves if they brought them in for extended periods.
This had been the holding in Louisiana state courts for more than 20 years. Louis with their slaves, while Dr.
Emerson served in the Seminole War. Louis, she hired them out. InEmerson left the army. After he died in the Iowa Territory inhis widow Irene inherited his estate, including the Scotts. Scott received financial assistance for his case from the family of his previous owner, Peter Blow.
StewartWinny v. Whitesides and Rachel v. Walker claiming his presence and residence in free territories required his emancipation. It was expected that the Scotts would win their freedom with relative ease, since Missouri courts had previously heard more than ten other cases in which they had freed slaves who had been taken into free territory.
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