The question is now whether, in the fact of the language of the treaty of 1880, it is our right--not our power, but our right according to the treaty--to make this exceptional legislation for people who are now here under existing law.
Editor's note · Context
Sherman questions the legality of exceptional legislation regarding individuals under existing treaties.
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Because it is framed upon the idea that it is the duty of the government, in imposing taxes, to do as little injury to the industry of the country as possible; that they are to be levied so as to extend a reasonable protection to all…
The worst evil that could befall our country is civil war, but the outrages in Kansas cannot be continued much longer without producing it.
Resolved, That the people who constitute the supreme power in the United States, should guard with jealous care the rights of the several states, as independent governments.
Thus the Kansas question became a political question in the Supreme Court.





