from a temporary residence in England, he held
that the original condition of the slave attached. The question
presented in cases arising here is as to the effect and operation to
be given to the laws of a foreign State, on the return of the slave
within an independent sovereignty.

Upon the whole, it must be admitted that the current of authority,
both in England and in this country, is in accordance with the law as
declared by the courts of Missouri in the case before us, and we think
the court below was not only right, but bound to follow it.

Some question has been made as to the character of the residence in
this case in the free State. But we regard the facts as set forth in
the agreed case as decisive. The removal of Dr. Emerson from Missouri
to the military posts was in the discharge of his duties as surgeon in
the army, and under the orders of his Government. He was liable at any
moment to be recalled, as he was in 1838, and ordered to another post.
The same is also true as it respects Major Taliaferro. In such a case,
the officer goes to his post for a temporary purpose, to remain there
for an uncertain time, and not for the purpose of fixing his permanent
abode. The question we think too plain to require argument. The case
of the Attorney General _v._ Napier, (6 Welsh, Hurtst. and Gordon
Exch. Rep., 217,) illustrates and applies the principle in the case of
an officer of the English army.

A question has been alluded to, on the argument, namely: the right of
the master with his slave of transit into or through a free State, on
business or commercial pursuits, or in the exercise of a Federal
right, or the discharge of a Federal duty, being a citizen of the
United States, which is not before us. This question depends upon
different considerations and principles from the one in hand, and
turns upon the rights and privileges secured to a common citizen of
the republic under the Constitution of the United States. When that
question arises, we shall be prepared to decide it.

Our conclusion is, that the judgment of the court below should be
affirmed.

* * * * *

Mr. Justice GRIER.

I concur in the opinion delivered by Mr. Justice Nelson on the
questions discussed by him.

I also concur with the opinion of the court as delivered by the Chief
Justice, that the act of Congress of 6th March, 1820, is
unconstitutional and void; and that, assuming the facts as stated in
the opini