have already stated, this
case was originally brought in the Circuit Court of the State, which
resulted in a judgment for the plaintiff. The case was carried up to
the Supreme Court for revision. That court reversed the judgment
below, and remanded the cause to the circuit, for a new trial. In that
state of the proceeding, a new suit was brought by the plaintiff in
the Circuit Court of the United States, and tried upon the issues and
agreed case before us, and a verdict and judgment for the defendant,
that court following the decision of the Supreme Court of the State.
The judgment of the Supreme Court is reported in the 15 Misso. R., p.
576. The court placed the decision upon the temporary residence of the
master with the slaves in the State and Territory to which they
removed, and their return to the slave State; and upon the principles
of international law, that foreign laws have no extra-territorial
force, except such as the State within which they are sought to be
enforced may see fit to extend to them, upon the doctrine of comity of
nations.

This is the substance of the grounds of the decision.

The same question has been twice before that court since, and the same
judgment given, (15 Misso. R., 595; 17 Ib., 434.) It must be admitted,
therefore, as the settled law of the State, and, according to the
decision in the case of Strader et al. _v._ Graham, is conclusive of
the case in this court.

It is said, however, that the previous cases and course of decision in
the State of Missouri on this subject were different, and that the
courts had held the slave to be free on his return from a temporary
residence in the free State. We do not see, were this to be admitted,
that the circumstance would show that the settled course of decision,
at the time this case was tried in the court below, was not to be
considered the law of the State. Certainly, it must be, unless the
first decision of a principle of law by a State court is to be
permanent and irrevocable. The idea seems to be, that the courts of a
State are not to change their opinions, or, if they do, the first
decision is to be regarded by this court as the law of the State. It
is certain, if this be so, in the case before us, it is an exception
to the rule governing this court in all other cases. But what court
has not changed its opinions? What judge has not changed his?

Waiving, however, this view, and turning to the decisions of the
courts of Missouri, it