Personal Liberty Laws: (statutes of Massachusetts) and Slavery in the Territories (case of Dred Scott) |
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Personal Liberty Laws, (Statutes of Massachusetts), and Slavery in the ... Joel Parker No preview available - 2015 |
Personal Liberty Laws, (Statutes of Massachusetts), And Slavery in the ... Joel Parker No preview available - 2018 |
Common terms and phrases
according act of Congress admission admit alleged fugitive amended Anthony Burns apply argument arrest attempt authority Cambridge chapter 144 claim clause command Commissioners committee conclusion conflict Consti Constitution and laws Constitution secures constitutional right custody decision Dred Scott duty enacted execution exercise existence free citizens fugitive slave law gress habeas corpus hold imprisonment Indiana territory judicial jurisdiction lawfully legislature marshal Massachusetts master ment officer party Personal Liberty Bill Personal Liberty Laws Personal Liberty Laws....No political question power of Congress pretence principles prohibit slavery protection punishment purpose reason recognizes slaves reference regulations relation removing require restrained return of fugitive right of property secession service or labor settled six judges slave code slave-holder slaves as property statute supposed supreme court terri territory tion tional trial by jury tribunal tution uncon unconstitutional Union United unlawful intent volunteer militia Wendell Phillips writ of habeas
Popular passages
Page 68 - ... the right of property in a slave is distinctly and expressly affirmed in the Constitution.
Page 81 - 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.
Page 62 - The case involves private rights of value, and constitutional principles of the highest importance, about which there had become such a difference of opinion, that the peace and harmony of the country required the settlement of them by judicial decision.
Page 21 - States or territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the State, or before any magistrate of a county, city, or town corporate, wherein such seizure or arrest shall be made...
Page 68 - And no word can be found in the Constitution which gives Congress a greater power over slave property, or which entitles property of that kind to less protection than property of any other description. The only power conferred is the power coupled with the duty of guarding and protecting the owner in his rights. 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...
Page 88 - The government and the citizen, whenever the Territory is open to settlement, both enter it with their respective rights defined and limited by the Constitutiou. "2. Congress have no right to prohibit the citizens of any particular State or States from taking up their home there, while it permits citizens of other States to do so. Nor has it a right to give privileges to one class of citizens which it refuses to another. The Territory is acquired for their equal and common benefit — and if open...
Page 68 - The right to traffic in it, like an ordinary article of merchandise and property, was guarantied to the 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.
Page 23 - We hold the act to be clearly constitutional in all its leading provisions, and, indeed, with the exception of that part which confers authority upon State magistrates, to be free from reasonable doubt and difficulty upon the grounds alreadv stated.
Page 77 - The governor and judges of the Indiana territory shall have power to establish, in the said district of Louisiana, inferior courts, and prescribe their jurisdiction and duties, and to make all laws which they may deem conducive to the good government of the inhabitants thereof...
Page 80 - All we mean to say on this point is, that, as there is no express regulation in the Constitution defining the power which the General Government may exercise over the person or property of a citizen in a Territory thus acquired, the court must necessarily look to the provisions and principles of the Constitution, and its distribution of powers, for the rules and principles by which its decision must be governed.