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Conscience and the Constitution with Remarks on the Recent Speech of the Hon. Daniel Webster

Conscience and the Constitution with Remarks on the Recent Speech of the Hon. Daniel Webster


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About the Book

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. 1850. Excerpt: ... injustice is so flagrant, that she is bound to aid a wronged citizen to seek redress in Carolina. Surely she must protect her own citizens in the enjoyment of their constitutional rights, or else lose her good name as to impartial justice. I am no lawyer; but if I read aright the Constitution of the United States, Art. III. 2, "the judicial power of the United States extends to causes between citizens of different States" What then hinders the imprisoned man from instituting a process for deprivar. tion of liberty and property, before the United States Court in Carolina, against the sheriff or jailor? Their defence would be, that they had acted under the law of their State. But this law has already been decided to be unconstitutional, even by their own Court, and with good reason. Of course, then, the State law is nuU and void, and therefore it can protect no one who acts under it. If an appeal is taken from the District to the Supreme Court, by the sheriff or jailor, so much the better. This is the very thing that Massachusetts most of all desires. The question will then receive an ultimate decision. If the decision be, as it certainly would be, against the constitutionality of the Carolina law, then has Massachusetts a guaranty of her rights in the United States Executive, who is bound to see that the decision of the Supreme Court is enforced. In this way, it will come about, that South Carolina has not to contend with Massachusetts, but with the whole power of the general Government. The repeal of such an utterly indefensible law, must of course be the necessary sequence. I repeat it once more in the ears of our General Court, that to my humble capacity it seems plainly to be their duty, to see that the Carolina question be settled by the highes...


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Product Details
  • ISBN-13: 9781151624505
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 48
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1151624500
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 104 gr


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