TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P31

Gale Encyclopedia of American Law Volume 13 P31 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. | 286 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD judicial tribunal to refuse such recognition from any political considerations or any view it may take of the exterior political relations between the State and one or more foreign States or any impressions it may have that a change of foreign opinion and action on the subject of slavery may afford a reason why the State should change its own action. To understand and give just effect to such considerations and to change the action of the State in consequence of them are functions of diplomatists and legislators not of judges. The inquiry to be made on this part of the case is therefore whether the State of Missouri has by its statute or its customary law manifested its will to displace any rule of international law applicable to a change of the status of a slave by foreign law. I have not heard it suggested that there was any statute of the State of Missouri bearing on this question. The customary law of Missouri is the common law introduced by statute in 1816. 1 Ter. Laws 436. And the common law as Blackstone says 4 Com. 67 adopts in its full extent the law of nations and holds it to be a part of the law of the land. I know of no sufficient warrant for declaring that any rule of international law concerning the recognition in that State of a change of status wrought by an extraterritorial law has been displaced or varied by the will of the State of Missouri. I proceed then to inquire what the rules of international law prescribe concerning the change of status of the plaintiff wrought by the law of the Territory of Wisconsin. It is generally agreed by writers upon international law and the rule has been judicially applied in a great number of cases that wherever any question may arise concerning the status of a person it must be determined according to that law which has next previously rightfully operated on and fixed that status. And further that the laws of a country do not rightfully operate .

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