The Dred Scott Decision Opinion of Chief Justice Taney
The Dred Scott Decision Opinion of Chief Justice Taney
United States. Supreme Court
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In relation to the Judiciary of the United Stites, and the power which Congre8> might exercise in a Territory in organizing th" judicial department of the Government. The ca-e In-lore us depends upon other and different provisions of the Constitution, altogether sepirate and apart from the one above mentioned Th • question as to what courts Congress may ordain or establish in a Territory to administer laws which the Con-iitution author- izes it to pass, and what laws it is or is not authorized ...by the Constitution to pass, are widely ditferent — are regulated liy diff rent and separate articles of the Consti- tution, and stand upon different piineiples. And we are satistied iliat nt) one who reads attentively the page in I'eters's Reports to wh ch we have referred, can sup- pose that the attention of the court was drawn for a mom nt to the question now before this court, or that it meant in that case to say that Congress Imd a r ght to prohibit a citizen of the United States frotn taking atiy property which he lawfully held into a Territory of the United States.
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