Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F. A. Sandford: December Term, 1856.United States. Supreme Court
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Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F. A. Sandford: December Term, 1856.
United States. Supreme Court
Scott, Dred, 1809-1858; Slavery -- United States
This court have repeatedly affirmed the paramount claim of Georgia to
this Territory. They have denied the existence of any title in the
United States. (6 C.R., 87; 12 Wh., 523; 3 How., 212; 13 How., 381.)
Yet these acts were cited in the argument as precedents to show the
power of Congress in the Territories. These statutes were the occasion
of earnest expostulation and bitter remonstrance on the part of the
authorities of the State, and the memory of their injustice and wrong
remained long after the legal settlement of the controversy by the
compact of 1802. A reference to these acts terminates what I have to
say upon the Constitutions of the Territory within the original limits
of the United States. These Constitutions were framed by the
concurrence of the States making the cessions, and Congress, and were
tendered to immigrants who might be attracted to the vacant territory.
The legislative powers of the officers of this Government were limited
to the selection of laws from the States; and provision was made for
the introduction of popular institutions, and their emancipation from
Federal control, whenever a suitable opportunity occurred. The limited
reservation of legislative power to the officers of the Federal
Government was excused, on the plea of _necessity_; and the
probability is, that the clauses respecting slavery embody some
compromise among the statesmen of that time; beyond these, the
distinguishing features of the system which the patriots of the
Revolution had claimed as their birthright, from Great Britain,
predominated in them.
The acquisition of Louisiana, in 1803, introduced another system into
the United States. This vast province was ceded by Napoleon, and its
population had always been accustomed to a viceroyal Government,
appointed by the Crowns of France or Spain. To establish a Government
constituted on similar principles, and with like conditions, was not
an unnatural proceeding.
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