Historical and Legal Examination of that Part of the Decision of the Supreme Court of the United States in the Dred Scott Case: Which Declares the Unconstitutionality of the Missouri Compromise Act, and the Self-extension of the Constitution to Territories, Carrying Slavery Along with it : with an Appendix

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D. Appleton, 1857 - 193 Seiten

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Seite 38 - There shall be neither slavery nor involuntary servitude in the said territory otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.
Seite 28 - The fourth section of the fourth article of the constitution of the United States provides that the United States shall guarantee to every State in the Union a republican form of government, and shall protect each of them against invasion ; and on the application of the legislature or of the executive (when the legislature cannot be convened) against domestic violence.
Seite 169 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Seite 101 - That Congress doth consent that the territory properly included within, and rightfully belonging to, the Republic of Texas, may be erected into a new State, to be called the State of Texas...
Seite 71 - They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
Seite 17 - Now, as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution.
Seite 72 - ... that it is not within the jurisdiction of any particular state, and is within the power and jurisdiction of the % United * States. The right to govern may be the inevitable consequence of the right to acquire territory. Whichever may be the source whence the power is derived, the possession of it is unquestioned.
Seite 12 - Minnesota; and the laws of the United States are hereby extended over and declared to be in force in said territory, so far as the same, or any provision thereof, may be applicable.
Seite 55 - Until Congress shall provide for the government of such islands all the civil, judicial and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.
Seite 17 - The Territory being a part of the United States, the Government and the citizen both enter it under the authority of the Constitution, with their respective rights defined and marked out; and the Federal Government can exercise no power over his person or property, beyond what that instrument confers, nor lawfully deny any right which it has reserved.

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