overeign
State of Missouri to determine by her laws the question of slavery
within her jurisdiction, subject only to such limitations as may be
found in the Federal Constitution; and, further, that the laws of
other States of the Confederacy, whether enacted by their Legislatures
or expounded by their courts, can have no operation within her
territory, or affect rights growing out of her own laws on the
subject. This is the necessary result of the independent and sovereign
character of the State. The principle is not peculiar to the State of
Missouri, but is equally applicable to each State belonging to the
Confederacy. The laws of each have no extra-territorial operation
within the jurisdiction of another, except such as may be voluntarily
conceded by her laws or courts of justice. To the extent of such
concession upon the rule of comity of nations, the foreign law may
operate, as it then becomes a part of the municipal law of the State.
When determined that the foreign law shall have effect, the municipal
law of the State retires, and gives place to the foreign law.
In view of these principles, let us examine a little more closely the
doctrine of those who maintain that the law of Missouri is not to
govern the status and condition of the plaintiff. They insist that the
removal and temporary residence with his master in Illinois, where
slavery is inhibited, had the effect to set him free, and that the
same effect is to be given to the law of Illinois, within the State of
Missouri, after his return. Why was he set free in Illinois? Because
the law of Missouri, under which he was held as a slave, had no
operation by its own force extra-territorially; and the State of
Illinois refused to recognise its effect within her limits, upon
principles of comity, as a state of slavery was inconsistent with her
laws, and contrary to her policy. But, how is the case different on
the return of the plaintiff to the State of Missouri? Is she bound to
recognise and enforce the law of Illinois? For, unless she is, the
status and condition of the slave upon his return remains the same as
originally existed. Has the law of Illinois any greater force within
the jurisdiction of Missouri, than the laws of the latter within that
of the former? Certainly not. They stand upon an equal footing.
Neither has any force extra-territorially, except what may be
voluntarily conceded to them.
It has been supposed, by the counsel for the plaintiff, tha
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