"In May, 1854, the cause went before a jury, who found the following verdict, viz.: 'As to the first issue joined in this case, we of the jury find the defendant not guilty; and as to the issue secondly above joined, we of the jury find that before and at the time when, etc., in the first count mentioned, the said Dred Scott was a negro slave, the lawful property of the defendant; and as to the issue thirdly above joined, we, the jury, find that before and at the time when, etc., in the second and third counts mentioned, the said Harriet, wife of said Dred Scott, and Eliza and Lizzie, the daughters of the said Dred Scott, were negro slaves, the lawful property of the defendant.' "Whereupon, the court gave judgment for the defendant. "After an ineffectual motion for a new trial, the plaintiff filed the following bill of exceptions. "On the trial of this cause by the jury, the plaintiff, to maintain the issues on his part, read to the jury the following agreed statement of facts (see agreement above). No further testimony was given to the jury by either party. Thereupon the plaintiff moved the court to give to the jury the following instructions, viz.: "'That, upon the facts agreed to by the parties, they ought to find for the plaintiff.' The court refused to give such instruction to the jury, and the plaintiff, to such refusal, then and there duly excepted. The court then gave the following instruction to the jury, on motion of the defendant: "'The jury are instructed, that upon the facts in this case, the law is with the defendant.' The plaintiff excepted to this instruction. "Upon these exceptions, the case came up to the Supreme Court, December term, 1856."[45] Judge Taney gave the following opinion: "The question is simply this: Can a negro, whose ancestors were imported into this country and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights and privileges and immunities guaranteed by that instrument to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution.