TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P23

Gale Encyclopedia of American Law Volume 13 P23 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 206 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD with the intention of becoming a permanent resident. We have so far examined the case as it stands under the Constitution of the United States and the powers thereby delegated to the Federal Government. 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 judgement 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 this 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 .

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