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
To convert this temporary stipulation of the treaty, in behalf of
French subjects who then inhabited a small portion of Louisiana, into
a permanent restriction upon the power of Congress to regulate
territory then uninhabited, and to assert that it not only restrains
Congress from affecting the rights of property of the then
inhabitants, but enabled them and all other citizens of the United
States to go into any part of the ceded territory with their slaves,
and hold them there, is a construction of this treaty so opposed to
its natural meaning, and so far beyond its subject-matter and the
evident design of the parties, that I cannot assent to it. In my
opinion, this treaty has no bearing on the present question.
For these reasons, I am of opinion that so much of the several acts of
Congress as prohibited slavery and involuntary servitude within that
part of the Territory of Wisconsin lying north of thirty-six degrees
thirty minutes north latitude, and west of the river Mississippi, were
constitutional and valid laws.
I have expressed my opinion, and the reasons therefor, at far greater
length than I could have wished, upon the different questions on which
I have found it necessary to pass, to arrive at a judgment on the case
at bar. These questions are numerous, and the grave importance of some
of them required me to exhibit fully the grounds of my opinion. I have
touched no question which, in the view I have taken, it was not
absolutely necessary for me to pass upon, to ascertain whether the
judgment of the Circuit Court should stand or be reversed. I have
avoided no question on which the validity of that judgment depends. To
have done either more or less, would have been inconsistent with my
views of my duty.
In my opinion, the judgment of the Circuit Court should be reversed,
and the cause remanded for a new trial.
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