Trump v. Barbara · ¶199
When Dred Scott sued for his freedom, he claimed to be a citizen of Missouri, the State of his domicile. Scott, a black man held in slavery, sued in a federal court, which could hear the case only if it was between “Citizens of different States.” U. S. Const., Art. III, §2. Scott argued that he was a citizen of Missouri and that the defendant, Sandford, was a citizen of New York. Scott, though, was not born in Missouri; he was born in Virginia but domiciled in Missouri. See D. Fehrenbacher, The Dred Scott Case: Its Significance in American Law and Politics 240 (1978); Tr. of Record in Dred Scott v. Sandford, D. T. 1854, No. 137, p. 10. He alleged that he was a Missouri citizen because he and his family were brought there in 1838, “where they have ever since resided.” Ibid. He argued that the term “citizen” described “persons identified with the communities where they reside.” Brief for…Read in context ›
slip opinion, revised 7/01/26
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