Legal and Historical Status of the Dred Scott DecisionCobden publishing Company, 1908 - 228 páginas |
Outras edições - Ver tudo
Legal and Historical Status of the Dred Scott Decision: A History of the ... Elbert William Robinson Ewing Visualização integral - 1908 |
LEGAL & HISTORICAL STATUS OF T Elbert William Robinson 1867 Ewing,United States Supreme Court Pré-visualização indisponível - 2016 |
LEGAL & HISTORICAL STATUS OF T Elbert William Robinson 1867 Ewing,United States Supreme Court Pré-visualização indisponível - 2016 |
Palavras e frases frequentes
19 Howard action admitted African American anti-negro anti-slavery appellate applied argument authority born Chief Justice Taney circuit court citizen of Missouri citizenship claimed color conclusion concur Constitution convention decided declared determined dissenting doctrine Dred Scott decision due process enacted enforced exercise fact Federal court Federal Government fifth amendment Fort Snelling free negro freedom ground highest court Hist Illinois instance Judge Curtis judgment judicial jurisdiction jury Justice Curtis legislative legislature limits Louisiana Purchase majority Massachusetts master ment Missouri Compromise mulatto negro slaves North Northern Northern Rebellion nullification obiter dictum opinion Ordinance passed person plaintiff plea in abatement political power of Congress President presumption principles process of law prohibition property rights protection recognized record resolution ritory rule says secession settled slave property slavery South Carolina Southern status stitution Supreme Court Territory tion trial court tribunal unconstitutional Union United validity Virginia Webster word citizen
Passagens conhecidas
Página 206 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Página 207 - ... in case of a deliberate, palpable, and dangerous exercise of other powers not granted by the said compact, the states, who are parties thereto, have the right and are in duty bound to interpose for arresting the progress of the evil, and for maintaining within their respective limits the authorities, rights, and liberties appertaining to them.
Página 143 - And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws, and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in the said territory...
Página 133 - ... the right of property in a slave is distinctly and expressly affirmed in the Constitution.
Página 156 - By the law of the land, is most clearly intended, the general law; a law, which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment, is not therefore to be considered the law of the land.
Página 145 - That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirtysix degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes whereof the parties shall have been duly convicted, shall be and is hereby forever prohibited.
Página 154 - The conventions of a number of the states having, at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added...
Página 134 - Upon these considerations, it is the opinion of the court that the act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the line therein mentioned, is not warranted by the Constitution, and is therefore void...
Página 145 - 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 10 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.