I concur with Judge Baldwin, that Federal power is exercised over all
the territory within the United States, pursuant to the Constitution;
_and_, the conditions of the cession, whether it was a part of the
original territory of a State of the Union, or of a foreign State,
ceded by deed or treaty; the right of the United States in or over it
depends on the contract of cession, which operates to incorporate as
well the Territory as its inhabitants into the Union. (Baldwin's
Constitutional Views, 84.)

My opinion is, that the third article of the treaty of 1803, ceding
Louisiana to the United States, stands protected by the Constitution,
and cannot be repealed by Congress.

And, secondly, that the act of 1820, known as the Missouri
compromise, violates the most leading feature of the Constitution--a
feature on which the Union depends, and which secures to the
respective States and their citizens an entire EQUALITY of rights,
privileges, and immunities.

On these grounds, I hold the compromise act to have been void; and,
consequently, that the plaintiff, Scott, can claim no benefit under
it.

For the reasons above stated, I concur with my brother judges that the
plaintiff, Scott, is a slave, and was so when this suit was brought.

* * * * *

Mr. Justice McLEAN and Mr. Justice CURTIS dissented.

Mr. Justice McLEAN dissenting.

This case is before us on a writ of error from the Circuit Court for
the district of Missouri.

An action of trespass was brought, which charges the defendant with an
assault and imprisonment of the plaintiff, and also of Harriet Scott,
his wife, Eliza and Lizzie, his two children, on the ground that they
were his slaves, which was without right on his part, and against law.

The defendant filed a plea in abatement, "that said causes of action,
and each and every of them, if any such accrued to the said Dred
Scott, accrued out of the jurisdiction of this court, and exclusively
within the jurisdiction of the courts of the State of Missouri, for
that to wit, said plaintiff, Dred Scott, is not a citizen of the State
of Missouri, as alleged in his declaration, because he is a negro of
African descent, his ancestors were of pure African blood, and were
brought into this country and sold as negro slaves; and this the said
Sandford is ready to verify; wherefore he prays judgment whether the
court can or will take further cognizance of the action aforesaid."