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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abolitionism abolitionists abrogation acquired act of Congress administration admission admitted adopted amendment Arkansas authority bill cabinet Calhoun called carry ceded citizens clause committee compromise measures Constitution to Territories constitutionality Continental Congress debate decision declared democratic Dred Scott effect enactment established 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 repeal restriction sanction Scott Senate session slave slaveholding slavery agitation slavery question South Carolina Southern stitution Supreme Court Terri territorial government Texas thing tion treaty Union United Virginia vote whig whole Wilmot proviso word
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Page 169 - Measures, is hereby declared inoperative and void : it being the true intent and meaning of this act, not to legislate slavery into any territory or state, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States...
Page 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...
Page 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.
Page 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.
Page 102 - States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri compromise line, shall be admitted into the Union, with or without slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory, north of said Missouri compromise line, slavery or involuntary servitude, (except for crime,) shall be prohibited.
Page 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," with a republican form of government, to be adopted by the people of said Republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union.
Page 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...
Page 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.
Page 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.
Page 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.