TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P27

Gale Encyclopedia of American Law Volume 13 P27 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. | 246 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD the foregoing was the conclusion of this court on the proposition. What was there announced was most deliberately done and with a purpose. The only question here is as I think how far the power of Congress is limited. As to the Northwest Territory Virginia had the right to abolish slavery there and she did so agree in 1787 with the other States in the Congress of the Confederation by assenting to and adopting the Ordinance of 1787 for the government of the Northwest Territory. She did this also by an act of her Legislature passed afterwards which was a treaty in fact. Before the new Constitution was adopted she had as much right to treat and agree as any European government had. And having excluded slavery the new government was bound by that engagement by Article six of the new Constitution. This only meant that slavery should not exist whilst the United States exercised the power of government in the territorial form for when a State came in it might do so with or without slavery. My opinion is that Congress had no power in face of the compact between Virginia and the twelve other States to force slavery into the Northwest Territory because there it was bound to that engagement and could not break it. In 1790 North Carolina ceded her western territory now the State of Tennessee and stipulated that the inhabitants thereof should enjoy all the privileges and advantages of the Ordinance for governing the territory north of the Ohio River and that Congress should assume the government and accept the cession under the express conditions contained in the Ordinance Provided That no regulation made or to be made by Congress shall tend to emancipate slaves. In 1802 Georgia ceded her western territory to the United States with the provision that the Ordinance of 1787 should in all its parts extend to the territory ceded that article only excepted which forbids slavery. Congress had no more power to legislate

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