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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Two Treaties of Paris and the Supreme Court

Two Treaties of Paris and the Supreme Court

Webster, Sidney

Paperback

Fiction AnthologiesGeneral World History

Currently unavailable to order

ISBN10: 1151680885
ISBN13: 9781151680884
Publisher: General Books
Pages: 24
Weight: 0.14
Height: 0.05 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901. Excerpt: ... CHAPTER II Six years after the Louisiana debate and legislation, the Supreme Court availed itself of the clear intelligence and exceptional faculty of vivid exposition possessed by its illustrious ChiefJustice to remove the confusion of ideas, regarding the acquisition and government of foreign territory and its inhabitants, which the friends and foes alike of Jefferson's administration had promoted. Marshall, in behalf of all his associates, declared that the power of governing and of legislating for a territory is the inevitable consequence of right to acquire and hold territory, or if that position could be contested there is the needful rules and regulations clause of the Constitution, and that Congress had accordingly exercised the absolute and undisputed power of governing and legislating for the territory of Orleans. He seems to have been inclined to put the right of Congress on an implied power. In a subsequent case he reaffirmed the decision, and thus the right was in that forum placed beyond debate. In the Louisiana controversy, it had been argued by those of Jefferson's school that the new territory was not a part of the United States. Seventeen years afterwards, however, the Supreme Court defined the phrase throughout the United States as covering our great republic composed of States and Territories. Immediately after the contents of the recent Spanish treaty had been made public, that opinion in Loughborough vs. Blake was in Administration circles an object of intense interest and even aversion. The criticism of Chief-Justice Marshall's opinion, during the last two years and more, reminds one of that which forty years ago befell Chief-Justice Taney's opinion in the Dred Scott case. The Government, in its argument in the insular...

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