Page:The History of Slavery and the Slave Trade.djvu/891

 usage, but on principles of universal jurisprudence, the decisions of state courts are not conclusive on the United States courts as to the laws of the states.

Seven judges (M'Lean and Curtis dissenting) held that by the facts on the record, it appeared that Scott was a slave, notwithstanding his residence in Illinois and Minnesota.

It appears from this analysis that only the following points commanded a majority of voices, and can be considered as having been ruled in this case:

1. That Scott was a slave notwithstanding his residence in Illinois and Minnesota. Seven judges to two.

2. That the Missouri prohibition of 1820 was unconstitutional and void. Five judges against two; one silent, and one holding it void but not unconstitutional.

3. That, under the constitution of the United States, slaves are as much property as horses. Five judges, all slaveholders, against two non-slaveholders, the two other non-slaveholders being silent.

The question whether any power of legislation over the territories is given to Congress, by the power to make needful rules and regulations, is left undecided, four judges denying any such power, three maintaining it, Nelson silent, and Grier in nubibus.