Missouri Supreme Court reverses lower court descision
03/22/1852 AD defeated

The court renders a 2-1 decision reversing the lower court decision.

Justice William Scott wrote the opinion, with Ryland concurring. They claimed that the lower court decisions were made on the basis of the constitutions and laws of other states and/or territories without regard to the policies in Missouri.

While recognizing that interstate comity could be a positive thing, he did not feel Missouri should have to recognize laws that were in opposition to its own; there should be a limit to the acknowledgment of comity.

They also did not deny that the Missouri Compromise slavery prohibition was valid; but felt it was only valid where it applied, which was not within the boundaries of the state of Missouri

They acknowledged the right of slaves to obtain their freedom when taken to free states and/or territories; but said that slavery status reattached upon return to a slave state.

Racist rhetoricwas also apparent in the court opinion which concluded that slavery was the will of God and that "Times now are not as they were, when the former decisions on this subject were made." With this statement, the court confirmed that racial prejudices influenced the decision.

St Louis, MO

Lattitude: 38.627° N
Longitude: 90.1994° W
Region: North America

Modern Day United States

Events in 1852 MORE