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 էջ |
From inside the book
Արդյունքներ 22–ի 1-ից 5-ը:
Էջ 7
... applying , it was ab- solutely forbidden by the reason on which it was founded . That reason is , that a return of the record to the Court below with errors in it , would be a silent sanction of those errors - would cause them to be ...
... applying , it was ab- solutely forbidden by the reason on which it was founded . That reason is , that a return of the record to the Court below with errors in it , would be a silent sanction of those errors - would cause them to be ...
Էջ 17
... applied to it in expounding the Constitution of the United States . And the laws and usages of nations , and the writings of emi- nent jurists upon the relation of master and slave and their mutual rights and duties , and the powers ...
... applied to it in expounding the Constitution of the United States . And the laws and usages of nations , and the writings of emi- nent jurists upon the relation of master and slave and their mutual rights and duties , and the powers ...
Էջ 24
... applied to our territories , and cannot be without a total change in their nature . Distance , governmental transplantation , per- petual inferiority , is their inexorable characteristic . As such , the question of colonies is purely ...
... applied to our territories , and cannot be without a total change in their nature . Distance , governmental transplantation , per- petual inferiority , is their inexorable characteristic . As such , the question of colonies is purely ...
Էջ 28
... applying to Territories as well as to States - and so carrying both the Constitution and the ordinance into effect . This view is fundamental and decisive , and requires to be bet- ter known by the public than it is . There are two ...
... applying to Territories as well as to States - and so carrying both the Constitution and the ordinance into effect . This view is fundamental and decisive , and requires to be bet- ter known by the public than it is . There are two ...
Էջ 37
... applied to the government of the Territory , because that had been provided for in the ordinance ; and the ordinance itself had been provided for in the assumption by the new Federal Government of all the engagements entered into by the ...
... applied to the government of the Territory , because that had been provided for in the ordinance ; and the ordinance itself had been provided for in the assumption by the new Federal Government of all the engagements entered into by the ...
Այլ խմբագրություններ - View all
Historical and Legal Examination of that Part of the ..., Հատոր 2,Մաս 182 Thomas Hart Benton Ամբողջությամբ դիտվող - 1860 |
Historical and Legal Examination of that Part of the ..., Հատոր 2,Մաս 182 Thomas Hart Benton Ամբողջությամբ դիտվող - 1857 |
Common terms and phrases
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
Սիրված հատվածներ
Էջ 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...
Էջ 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...
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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.
Էջ 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...