The Supreme Court And Dred Scott : Speech of Hon. Daniel W. Gooch, of Mass. Delivered in the U.S. House of Representatives, May 3, 1860

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There would never be an end of a case, if a question, which bad been once raised and decided, in its I progre?9, coald be raised again and again, when- ever either of the parties might offer to produce testimony bearing upon it. Whenever a party in the trial of a cause, by plea in abatement or otherwise, raises a question, the court umjer- stands thai he is ready to offer all his proofs, be heard, and receive the judgment of the court.
Tt is as necessary that there should be a final determinati
...on of the questions raised in the progress of the trial, as it is that there should be a final determination of the case when it has been finished. If the defendant relied upon the facts stated in the bill of exceptions to show that the Circuit Court had not jurisdiction, he should have set them forth in his plea in abatement, and he would then have had the benefit of them in the decision on that plea. As he did not deem it advisable to do so, he could after- wards use them only as affecting the merits.

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