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Excerpt from Territorial Governments: Speech of Hon. Lewis Cass, of Michigan, in Senate of the United States, January 21 and 22, 1850, on the Government of the Territories, and on the Constitutionality and Expediency of the Wilmot Proviso It is a commentary worthy of the Constitution, and has settled authoritatively the practical appli cation of some of its gravest principles. In noth ing is this exposition rableror cleoarerpthan in the news it, presents upon the-very topics we are now considering, It declares that if the powers granted be valid, it is because they are granted; and if the granted powers' are valid, all other powers, not granted, must not be valid; and that whenever a question' arises concerning the con stitutibnality' of a particular power, the first ques tion is, whether the power be expressed in the Constitution? If it be, the question is decided. If it be not expressed, the next inquiry must be, whether it is properly an incident to an express power, and necessary to its exercise. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This book delves into the legislative history of the Congress for the government of the organized territories of the United States, providing insights into the development of territorial governance in the country. It serves as an essential guide for those interested in the history of American governance. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Excerpt from On the Government of the Territories: The Constitutional Power of the General Government and the People in the Federal Territories Another claim for this power of intervention has been set up through the medium of the Judicial Tribunals. It. Is said that the Supreme Court, in the Dred Scott case, having declared slaves to be property, (a proposition never denied by a lawyer, ) the Constitution protects property in the Territories. Grant it; but the Constitution does not create property, nor determine what property is. Nor does the Constitution extend more protection to property in the Territories than in the States. If, then, the right of property enables, by virtue of the Constitution, a mas ter to carry his slave into a Territory and be protected against the local law, it equally enables him to carry such slave into a State, and be protected there against the local Constitution or laws of the State; for the Federal Constitution is the Supreme law of the land, and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. If the Constitution then enables Congress to protect slaves when carried into a Territory because they are property, it equally enables that body, for the same reason, to protect them when carried into any State. The pro perty in the slave is the creature of some law or legal recogni tion of the State from which he came, and if this property is pro tected against the local law of prohibition in one place it must be in another: or else the Constitution has greater force in one part of the land over which it is the supreme law than in another. But the inference drawn from the Dred Scott case is not justified by the case itself, and it need be referred to no further. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.