such times.

* * * * *

"It is agreed that Dred Scott brought suit for his freedom in the
Circuit Court of St. Louis County; that there was a verdict and
judgment in his favor; that on a writ of error to the Supreme
Court the judgment below was reversed, and the same remanded to
the Circuit Court, where it has been continued to await the
decision of this case.

"In May, 1854, the cause went before a jury, who found the
following verdict, viz.: 'As to the first issue joined in this
case, we of the jury find the defendant not guilty; and as to the
issue secondly above joined, we of the jury find that before and
at the time when, etc., in the first count mentioned, the said
Dred Scott was a negro slave, the lawful property of the
defendant; and as to the issue thirdly above joined, we, the
jury, find that before and at the time when, etc., in the second
and third counts mentioned, the said Harriet, wife of said Dred
Scott, and Eliza and Lizzie, the daughters of the said Dred
Scott, were negro slaves, the lawful property of the defendant.'

"Whereupon, the court gave judgment for the defendant.

"After an ineffectual motion for a new trial, the plaintiff filed
the following bill of exceptions.

"On the trial of this cause by the jury, the plaintiff, to
maintain the issues on his part, read to the jury the following
agreed statement of facts (see agreement above). No further
testimony was given to the jury by either party. Thereupon the
plaintiff moved the court to give to the jury the following
instructions, viz.:

"'That, upon the facts agreed to by the parties, they ought to
find for the plaintiff.' The court refused to give such
instruction to the jury, and the plaintiff, to such refusal, then
and there duly excepted.

The court then gave the following instruction to the jury, on
motion of the defendant:

"'The jury are instructed, that upon the facts in this case, the
law is with the defendant.' The plaintiff excepted to this
instruction.

"Upon these exceptions, the case came up to the Supreme Court,
December term, 1856."[45]

Judge Taney gave the following opinion:

"The question is simply this: Can a negro, whose ancestors were
imported into this country and sold as slaves,