Key-Notes of American Liberty Part 9

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, &c., 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, &c., 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 instruction, 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 this court.

It was argued at December term, 1855, and ordered to be reargued at the present term.

The opinion of the court, as delivered by Chief Justice Taney, being so lengthy, we omit all but the summing up, to wit:

Upon the whole, therefore, it is the judgment of this court, that it appears by the record before us, that the plaintiff in error is not a citizen of Missouri, in the sense in which that word is used in the Const.i.tution; and that the Circuit Court of the United States, for that reason, had no jurisdiction in the case, and could give no judgment in it. Its judgment for the defendant must, consequently, be reversed, and a mandate issued, directing the suit to be dismissed for want of jurisdiction.

PRESIDENTS AND VICE-PRESIDENTS OF THE UNITED STATES.

WITH THE VOTE FOR EACH CANDIDATE FOR OFFICE.

BEFORE THE REVOLUTION.

FIRST CONGRESS, Sept. 5, 1774. Peyton Randolph, of Virginia, President.

Born in Virginia, in 1723, died at Philadelphia, Oct. 22, 1785. Charles Thomson, of Pennsylvania, Secretary. Born in Ireland, 1730, died in Pennsylvania, Aug. 16, 1824.

SECOND CONGRESS, May 10, 1775. Peyton Randolph, President. Resigned May 24, 1775.

John Hanc.o.c.k, of Ma.s.sachusetts, elected his successor. He was born at Quincy, Ma.s.s., 1737, died Oct. 8, 1793. He was President of Congress until October, 1777.

Henry Laurens, of South Carolina, President from Nov. 1, 1777, to Dec.

1778. He was born at Charleston, S.C., 1724, died in South Carolina, Dec, 1792.

John Jay, of New York, President from Dec. 10, 1778, to Sept. 27, 1779.

He was born in New York City, Dec. 12, 1745, died at New York, May 17, 1829.

Samuel Huntingdon, of Connecticut, President from Sept. 28, 1779, until July 10, 1781. He was born in Connecticut, in 1732, died 1796.

Thos. McKean, of Pennsylvania, President from July 1781, until Nov. 5, 1781. He was born in Pennsylvania, March 19, 1734, died at Philadelphia, June 24, 1817.

John Hanson, of Maryland, President from Nov. 5, 1781, to Nov. 4, 1782.

Elias Boudinot, of New Jersey, President from Nov. 4, 1782, until Feb.

4, 1783. He was born at Philadelphia, May 2, 1740, died 1824.

Thomas Mifflin, of Pennsylvania, President from Feb. 4, 1783, to Nov.

30, 1784. Born at Philadelphia, 1744, died in the same city, Jan. 21, 1800.

Richard Henry Lee, of Virginia, President from Nov. 30, 1784, to Nov.

23, 1785. He was born in Virginia, 1732, died 1794.

John Hanc.o.c.k, of Ma.s.sachusetts, President from Nov. 23, 1785, to June 6, 1786.

Nathaniel Gorham, of Ma.s.sachusetts, President from June 6, 1786, to Feb.

2, 1787. He was born at Charlestown, Ma.s.s., 1738, died June 11, 1796.

Arthur St. Clair, of Pennsylvania, President from Feb. 2, 1787, to Jan.

28, 1788. He was born in Edinburgh, Scotland,----, died in 1818.

Cyrus Griffin, of Virginia, President from Jan. 28, 1788, to the end of the Congress under the Confederation, March 3, 1789. He was born in England, 1748, died in Virginia, 1810.

UNDER THE CONSt.i.tUTION.

1789 to 1793.--George Washington, of Virginia, inaugurated as President of the United States, April 30, 1789. He was born upon Wakefield estate, Virginia, Feb. 22, (11th old style,) 1732, died at Mount Vernon, Dec.

14, 1799.

John Adams, of Ma.s.sachusetts, Vice-President. Born at Braintree, Ma.s.s., Oct. 19, 1735, died July 4, 1826, near Quincy, Ma.s.s.

ELECTORAL VOTE.--Geo. Washington, 69; John Adams, 34; John Jay, New York, 9; R.H. Harrison, Maryland, 6; John Rutledge, South Carolina, 6; John Hanc.o.c.k, Ma.s.sachusetts, 4; Geo. Clinton, New York, 3; Sam'l Huntingdon, Connecticut, 2; John Milton, Georgia, 2; James Armstrong, Georgia, 1; Edward Telfair, Georgia, 1; Benj. Lincoln, Ma.s.sachusetts, 1--Total, 69. Ten States voted,--Rhode Island, New York, and North Carolina not voting, not having ratified the Const.i.tution in time.

1793 to 1797.--George Washington, President, inaugurated March 4, 1793.

John Adams, Vice-President.

ELECTORAL VOTE.--Geo. Washington, 132; John Adams, 77; Geo. Clinton, 50; Thos. Jefferson, Virginia, 4; Aaron Burr, New York, 1.--Total, 132.

Fifteen States voted.

1797 to 1801.--John, Adams President, inaugurated March 4, 1797.

Thomas Jefferson, of Virginia, Vice-President. Born at Shadwell, Virginia, April 13, 1743, died at Monticello, Virginia, July 4, 1826.

ELECTORAL VOTE.--John Adams, 71; Thomas Jefferson, 68; Thomas Pinckney, South Carolina, 59; Aaron Burr, 30; Sam'l Adams, Ma.s.sachusetts, 15; Oliver Ellsworth, Connecticut, 11; Geo. Clinton, 7; John Jay, 5; James Iredell, North Carolina, 3; George Washington, 2; John Henry, Maryland, 2; S. Johnson, North Carolina, 2; Charles C. Pinckney, South Carolina, 1.--Total 138. Sixteen States voting.

1801 to 1805.--Thomas Jefferson, President, inaugurated March 4, 1801.

Aaron Burr, of New York Vice-President. Born at Newark, N.J., Feb. 6, 1756, died at Staten Island, N.Y., Sept. 14, 1836.

ELECTORAL VOTE.--Thos. Jefferson, 73; Aaron Burr, 73; John Adams, 65; Chas. C. Pinckney, 64; John Jay 1.--Total, 13. Sixteen States voting.