will be found that there is no discrepancy
between the earlier and the present cases upon this subject. There are
some eight of them reported previous to the decision in the case
before us, which was decided in 1852. The last of the earlier cases
was decided in 1836. In each one of these, with two exceptions, the
master or mistress removed into the free State with the slave, with a
view to a permanent residence--in other words, to make that his or her
domicil. And in several of the cases, this removal and permanent
residence were relied on, as the ground of the decision in favor of
the plaintiff. All these cases, therefore, are not necessarily in
conflict with the decision in the case before us, but consistent with
it. In one of the two excepted cases, the master had hired the slave
in the State of Illinois from 1817 to 1825. In the other, the master
was an officer in the army, and removed with his slave to the military
post of Fort Snelling, and at Prairie du Chien, in Michigan,
temporarily, while acting under the orders of his Government. It is
conceded the decision in this case was departed from in the case
before us, and in those that have followed it. But it is to be
observed that these subsequent cases are in conformity with those in
all the slave States bordering on the free--in Kentucky, (2 Marsh.,
476; 5 B. Munroe, 176; 9 Ib., 565)--in Virginia, (1 Rand., 15; 1
Leigh, 172; 10 Grattan, 495)--in Maryland, (4 Harris and McHenry, 295,
322, 325.) In conformity, also, with the law of England on this
subject, Ex parte Grace, (2 Hagg. Adm., R., 94,) and with the opinions
of the most eminent jurists of the country. (Story's Confl., 396 a; 2
Kent Com., 258 n.; 18 Pick., 193, Chief Justice Shaw. See Corresp.
between Lord Stowell and Judge Story, 1 vol. Life of Story, p. 552,
558.)

Lord Stowell, in communicating his opinion in the case of the slave
Grace to Judge Story, states, in his letter, what the question was
before him, namely: "Whether the emancipation of a slave brought to
England insured a complete emancipation to him on his return to his
own country, or whether it only operated as a suspension of slavery in
England, and his original character devolved on him again upon his
return." He observed, "the question had never been examined since an
end was put to slavery fifty years ago," having reference to the
decision of Lord Mansfield in the case of Somersett; but the practice,
he observed, "has regularly been, tha