Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F. A. Sandford: December Term, 1856.United States. Supreme Court
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Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F. A. Sandford: December Term, 1856.
United States. Supreme Court
Scott, Dred, 1809-1858; Slavery -- United States
Chief Justice Gamble has also examined the decisions of the courts of
other States in which slavery is established, and finds them in
accordance with these preceding decisions of the Supreme Court of
Missouri to which he refers.
It would be a useless parade of learning for me to go over the ground
which he has so fully and ably occupied.
But it is further insisted we are bound to follow this decision. I do
not think so. In this case, it is to be determined what laws of the
United States were in operation in the Territory of Wisconsin, and
what was their effect on the _status_ of the plaintiff. Could the
plaintiff contract a lawful marriage there? Does any law of the State
of Missouri impair the obligation of that contract of marriage,
destroy his rights as a husband, bastardize the issue of the marriage,
and reduce them to a state of slavery?
These questions, which arise exclusively under the Constitution and
laws of the United States, this court, under the Constitution and laws
of the United States, has the rightful authority finally to decide.
And if we look beyond these questions, we come to the consideration
whether the rules of international law, which are part of the laws of
Missouri until displaced by some statute not alleged to exist, do or
do not require the _status_ of the plaintiff, as fixed by the laws of
the Territory of Wisconsin, to be recognised in Missouri. Upon such a
question, not depending on any statute or local usage, but on
principles of universal jurisprudence, this court has repeatedly
asserted it could not hold itself bound by the decisions of State
courts, however great respect might be felt for their learning,
ability, and impartiality. (See Swift _v._ Tyson, 16 Peters's R., 1;
Carpenter _v._ The Providence Ins. Co., Ib., 495; Foxcroft _v._
Mallet, 4 How., 353; Rowan _v._ Runnels, 5 How., 134.)
Some reliance has been placed on the fact that the decision in the
Supreme Court of Missouri was between these parties, and the suit
there was abandoned to obtain another trial in the courts of the
United States.
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