TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P25

Gale Encyclopedia of American Law Volume 13 P25 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 226 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD it may so far as the rights involved in this cause are concerned be remarked that conceding to that provision the validity of a legitimate exercise of power still this concession could by no rational interpretation imply the slightest authority for its operation beyond the territorial limits comprised within its terms much less could there be inferred from it a power to destroy or in any degree to control rights either of person or property entirely within the bounds of a distinct and independent sovereignty rights invested and fortified by the guaranty of that sovereignty. These surely would remain in all their integrity whatever effect might be ascribed to the prohibition within the limits defined by its language. But beyond and in defiance of this conclusion inevitable and undeniable as it appears upon every principle of justice or sound induction it has been attempted to convert this prohibitory provision of the Act of 1820 not only into a weapon with which to assail the inherent the necessary inherent powers of independent sovereign governments but into a mean of forfeiting that equality of rights and immunities which are the birthright or the donative from the Constitution of every citizen of the United States within the length and breadth of the nation. In this attempt there is asserted power in Congress whether from incentives or interest ignorance faction partiality or prejudice to bestow upon a portion of the citizens of this nation that which is the common property and privilege of all the power in fine of confiscation in retribution for no offense or if for an offense for that of accidental locality only. It may be that with respect to future cases like the one now before the court there is felt an assurance of the impotence of such a pretension still the fullest conviction of the result can impart to it no claim to forbearance nor dispense with the duty of antipathy and disgust at its .

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