Page:The Green Bag (1889–1914), Volume 15.pdf/166

 A Century of Federal Judicature. been dismissed for want of jurisdiction without any expression of opinion upon the merits. After the first argument of the case the majority of the court came to the conclusion that it was unneces sary to decide the question of citizenship, but that the case should be decided upon the

Copyright by Hampton L. Carson.

merits; and in an opinion prepared by Justice Nelson it was accordingly declared that the judgment of the lower court should be af firmed on the ground that the highest court in Missouri had declared that a residence in the free State of Illinois had not changed

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Scott's original condition so as to prevent that condition from re-attaching after his re turn to Missouri, and that this determination of the Supreme Court of Missouri was bind ing upon the Federal courts. In this way ny expression of opinion upon the constitu tional power of Congress to prohibit slavery

Courtesy of T, //". /ieglfr nttd Coinfinny.

in the Territories was astutely avoided. But a motion for re-argument was made and granted before this conclusion was an nounced, and Justice Nelson's opinion was set aside. After this second argument Jus tice Wayne seems to have persuaded himself