TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P28

Gale Encyclopedia of American Law Volume 13 P28 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. | 256 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD Some consider the opinion to be loose and inconclusive others that it is obiter dicta and the last sentence is objected to as recognizing absolute power in Congress over Territories. The learned and eloquent Wirt who in the argument of a cause before the court had occasion to cite a few sentences from an opinion of the Chief Justice observed no one can mistake the style the words so completely match the thought. I can see no want of precision in the language of the Chief Justice his meaning cannot be mistaken. He states first the 3d section as giving power to Congress to govern the territories and two other grounds from which the power may also be implied. The objection seems to be that the Chief Justice did not say which of the grounds stated he considered the source of the power. He did not specifically state this but he did say whichever may be the source whence the power is derived the possession of it is unquestioned. No opinion of the court could have been expressed with a stronger emphasis the power in Congress is unquestioned. But those who have undertaken to criticise the opinion consider it without authority because the Chief Justice did not designate specially the power. This is a singular objection. If the power be unquestioned it can be a matter of no importance on which ground it is exercised. The opinion clearly was not obiter dicta. The turning point in the case was whether Congress had power to authorize the Territorial Legislature of Florida to pass the law under which the Territorial Court was established whose decree was brought before this court for revision. The power of Congress therefore was the point in issue. The word territory according to Worcester means land country a district of country under a temporary government. The words territory or other property as used do imply from the use of the pronoun other that territory was used as descriptive of land but does it follow .

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