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 col. II. ch. CLXVII. 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..., Volume 2,Parte 182
D. Appleton, 1857 - 193 páginas
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abolitionism abolitionists abrogation acquired act of Congress administration admission admitted adopted amendment American Cyclopedia applied Arkansas authority Benton bill cabinet Calhoun carry ceded citizens clause committee compromise measures constitutionality Continental Congress debate decision declared democratic Dred Scott effect enactment established existence extend favor Federal fugitive gentleman Georgia give grand movement House Illinois John judges judicial jurisdiction Justice legislate upon slavery Louisiana ment Mexico Mississippi 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
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...