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, Containing: I. The Debates in the Senate in March, 1849, Between Mr. Webster and Mr. Calhoun, on the Legislative Extension of the Constitution to Territories, as Contained in Vol. II. Ch. CLXXXII. of the "Thirty Years' View". II. The Inside View of the Southern Sentiment, in Relation to the Wilmot Proviso, as Seen in Vol. II. Ch. CLXVIII. of the "Thirty Years' View". III. Review of President Pierce's Annual Message to Congress of December, 1856, So Far as it Relates to the Abrogation of the Missouri Compromise Act and the Classification of Parties ...D. Appleton, 1857 - 193 Seiten |
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Seite 7
... citizen of Missouri , in the same sense in which that word is used in the Constitution ; 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 ...
... citizen of Missouri , in the same sense in which that word is used in the Constitution ; 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 ...
Seite 17
... citizen both enter it under the authority of the Constitution , with their respective rights defined and marked out ; and the Federal Gov- ernment can exercise no power over his person or property , beyond what that instrument confers ...
... citizen both enter it under the authority of the Constitution , with their respective rights defined and marked out ; and the Federal Gov- ernment can exercise no power over his person or property , beyond what that instrument confers ...
Seite 18
... citizens of the United States , in every state that might desire it , for twenty years . And the Government in express terms is pledged to protect it in all future time , if the slave escapes from his owner . This is done in plain words ...
... citizens of the United States , in every state that might desire it , for twenty years . And the Government in express terms is pledged to protect it in all future time , if the slave escapes from his owner . This is done in plain words ...
Seite 19
... citizen of one State might carry his slave State law with him into a Territory , the citizens of every other slave State might do the same ; and then what Babylonish confusion , not merely of tongues , but of laws , would be found there ...
... citizen of one State might carry his slave State law with him into a Territory , the citizens of every other slave State might do the same ; and then what Babylonish confusion , not merely of tongues , but of laws , would be found there ...
Seite 21
... citizen to become a resident on the Territory of the United States with his slaves , and there to hold them as such , but has neither made nor pro- vided for any municipal regulations which are essential to the existence of slavery ? Is ...
... citizen to become a resident on the Territory of the United States with his slaves , and there to hold them as such , but has neither made nor pro- vided for any municipal regulations which are essential to the existence of slavery ? Is ...
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abolitionism abolitionists abrogation acquired act of Congress administration admission admitted adopted amendment applied Arkansas authority Benton bill cabinet Calhoun carry ceded citizens clause committee Constitution to Territories constitutionality Continental Congress debate decision declared democratic Dred Scott effect enactment existence extend favor Federal force fugitive gentleman Georgia give grand movement House Illinois John judges judicial jurisdiction Justice legislate upon slavery Louisiana ment Mexico Mississippi Mississippi Territory Missouri Compromise Act Missouri Compromise line Missouri Territory motion needful rules North object opinion ordinance of 87 Orleans Territory Pacific Ocean party passed persons political power of Congress President principle prohibit slavery proposition provision reason regulations repeal restriction sanction Scott Senate session slave slaveholding slavery agitation slavery question South Carolina Southern stitution Supreme Court Terri territorial government Texas tion treaty Union United Virginia vote whig whole Wilmot proviso word
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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 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 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 102 - Third, new States of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provision of the Federal Constitution.
Seite 28 - 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 73 - 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 10 - But there is another point in the case which depends on State power and State law. And it is contended, on the part of the plaintiff, that he is made free by being taken to Rock Island, in the State of Illinois, independently of his residence in the territory of the United States ; and being so made free, he was not again reduced to a state of slavery by being brought back to Missouri.
Seite 116 - ... except, also, that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decisions of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom...