Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present timeVarious
History
Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present time
Various
United States -- History -- Sources
It is agreed that Dred Scott brought suit for his freedom in the Circuit
Court of St. Louis county; that there was a verdict and judgment in his
favor; that on a writ of error to the Supreme Court, the judgment below
was reversed, and the same remanded to the Circuit Court, where it has
been continued to await the decision of this case.
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, &c., 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, &c., 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 instruction, 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 this court.
It was argued at December term, 1855, and ordered to be reargued at the
present term.
The opinion of the court, as delivered by Chief Justice Taney, being so
lengthy, we omit all but the summing up, to wit:
Upon the whole, therefore, it is the judgment of this court, that it
appears by the record before us, that the plaintiff in error is not a
citizen of Missouri, in the sense in which that word is used in the
Constitution; and that the Circuit Court of the United States, for that
reason, had no jurisdiction in the case, and could give no judgment in
it. Its judgment for the defendant must, consequently, be reversed, and
a mandate issued, directing the suit to be dismissed for want of
jurisdiction.
PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES.
WITH THE VOTE FOR EACH CANDIDATE FOR OFFICE.
BEFORE THE REVOLUTION.
Public-domain text, read in full here on John Shaqi.
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