ur brethren of the South.

Let these facts be contrasted with the case now before the court.
Illinois has declared in the most solemn and impressive form that
there shall be neither slavery nor involuntary servitude in that
State, and that any slave brought into it, with a view of becoming a
resident, shall be emancipated. And effect has been given to this
provision of the Constitution by the decision of the Supreme Court of
that State. With a full knowledge of these facts, a slave is brought
from Missouri to Rock Island, in the State of Illinois, and is
retained there as a slave for two years, and then taken to Fort
Snelling, where slavery is prohibited by the Missouri compromise act,
and there he is detained two years longer in a state of slavery.
Harriet, his wife, was also kept at the same place four years as a
slave, having been purchased in Missouri. They were then removed to
the State of Missouri, and sold as slaves, and in the action before us
they are not only claimed as slaves, but a majority of my brethren
have held that on their being returned to Missouri the status of
slavery attached to them.

I am not able to reconcile this result with the respect due to the
State of Illinois. Having the same rights of sovereignty as the State
of Missouri in adopting a Constitution, I can perceive no reason why
the institutions of Illinois should not receive the same consideration
as those of Missouri. Allowing to my brethren the same right of
judgment that I exercise myself, I must be permitted to say that it
seems to me the principle laid down will enable the people of a slave
State to introduce slavery into a free State, for a longer or shorter
time, as may suit their convenience; and by returning the slave to the
State whence he was brought, by force or otherwise, the status of
slavery attaches, and protects the rights of the master, and defies
the sovereignty of the free State. There is no evidence before us that
Dred Scott and his family returned to Missouri voluntarily. The
contrary is inferable from the agreed case: "In the year 1838, Dr.
Emerson removed the plaintiff and said Harriet, and their daughter
Eliza, from Fort Snelling to the State of Missouri, where they have
ever since resided." This is the agreed case; and can it be inferred
from this that Scott and family returned to Missouri voluntarily? He
was removed; which shows that he was passive, as a slave, having
exercised no volition on the subject. He d