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
History
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
But there is another point in the case which depends on State power
and State law. And it is contended, on the part of the plaintiff, that
he is made free by being taken to Rock Island, in the State of
Illinois, independently of his residence in the territory of the
United States; and being so made free, he was not again reduced to a
state of slavery by being brought back to Missouri.
Our notice of this part of the case will be very brief; for the
principle on which it depends was decided in this court, upon much
consideration, in the case of Strader et al. _v._ Graham, reported in
10th Howard, 82. In that case, the slaves had been taken from Kentucky
to Ohio, with the consent of the owner, and afterwards brought back to
Kentucky. And this court held that their _status_ or condition, as
free or slave, depended upon the laws of Kentucky, when they were
brought back into that State, and not of Ohio; and that this court had
no jurisdiction to revise the judgment of a State court upon its own
laws. This was the point directly before the court, and the decision
that this court had not jurisdiction turned upon it, as will be seen
by the report of the case.
So in this case. As Scott was a slave when taken into the State of
Illinois by his owner, and was there held as such, and brought back in
that character, his _status_, as free or slave, depended on the laws
of Missouri, and not of Illinois.
It has, however, been urged in the argument, that by the laws of
Missouri he was free on his return, and that this case, therefore,
cannot be governed by the case of Strader et al. _v._ Graham, where it
appeared, by the laws of Kentucky, that the plaintiffs continued to be
slaves on their return from Ohio. But whatever doubts or opinions may,
at one time, have been entertained upon this subject, we are
satisfied, upon a careful examination of all the cases decided in the
State courts of Missouri referred to, that it is now firmly settled by
the decisions of the highest court in the State, that Scott and his
family upon their return were not free, but were, by the laws of
Missouri, the property of the defendant; and that the Circuit Court of
the United States had no jurisdiction, when, by the laws of the State,
the plaintiff was a slave, and not a citizen.
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