FREE BOOKS

Author's List




PREV.   NEXT  
|<   795   796   797   798   799   800   801   802   803   804   805   806   807   808   809   810   811   812   813   814   815   816   817   818   819  
820   821   822   823   824   825   826   827   828   829   830   831   832   833   834   835   836   837   838   839   840   841   842   843   844   >>   >|  
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, can not 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. Moreover, the plaintiff, it appears, brought a similar action against the defendant in the State Court of Missouri, claiming the freedom of himself and his family upon the same grounds and the same evidence upon which he relies in the case before the court. The case was carried before the Supreme Court of the State; was fully argued there; and that court decided that neither the plaintiff nor his family were entitled to freedom, and were still the slaves of the defendant; and reversed the judgment of the inferior State court, which had given a different decision. If the plaintiff supposed that this judgment of the Supreme Court of the State was erroneous, and that this court had jurisdiction to revise and reverse it, the only mode by which he could legally bring it before this court was by writ of error directed to the Supreme Court of the State, requiring it to transmit the record to th
PREV.   NEXT  
|<   795   796   797   798   799   800   801   802   803   804   805   806   807   808   809   810   811   812   813   814   815   816   817   818   819  
820   821   822   823   824   825   826   827   828   829   830   831   832   833   834   835   836   837   838   839   840   841   842   843   844   >>   >|  



Top keywords:

Missouri

 

jurisdiction

 
plaintiff
 

return

 

Kentucky

 

defendant

 

Supreme

 
family
 

brought

 

judgment


freedom

 

Illinois

 

depended

 

slaves

 
decided
 

revise

 

decision

 

status

 

grounds

 

action


evidence

 

claiming

 
Circuit
 
highest
 
decisions
 

settled

 
firmly
 

property

 
relies
 
Moreover

appears
 

citizen

 
States
 
United
 

similar

 

legally

 
reverse
 
transmit
 

record

 
requiring

directed

 

erroneous

 

argued

 

carried

 

entitled

 

supposed

 
inferior
 

reversed

 
appeared
 

character