AMPAC Study Session Board: Study Session (165)

  • Moor, in English usage, a Moroccan...
 
  • Article III Section 2 Clause 1 Cases or Controversies The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
 
  • Article VI Supreme Law Clause 2 Supremacy Clause This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
 
  • Fifth Amendment Substantive Due Process No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 
  • The Slave Trade Act 1807 abolished the slave trade in the British Empire, but it was not until the Slavery Abolition Act 1833 that the institution of slavery was abolished, freeing more than 800,000 enslaved Africans in the Caribbean and South Africa as well as a small number in Canada. The Slavery Abolition Act received Royal Assent on August 28, 1833, and took effect on August 1, 1834. The British were the biggest proponents of the abolition of slavery worldwide by the late eighteenth century, having previously been the world's largest slave dealers
 
  • modus operandi
modus operandi, in criminology, distinct pattern or manner of working that comes to be associated with a particular criminal.
 
  • The term is often used in police work when discussing crime and addressing the methods employed by criminals. It is also used in criminal profiling, where it can help in finding clues to the offender's psychology. It largely consists of examining the actions used by the individuals to execute the crime, prevent its detection and facilitate escape. A suspect's modus operandi can assist in their identification, apprehension, or repression, and can also be used to determine...
 
  • Dred Scott v. John F.A. Sandford, Dred Scott v. Sandford
 
“The Southern opinion upon the subject of Southern slavery,” trumpeted one Georgia newspaper, “is now the supreme law of the land,” and opposition to it is “morally treason against the Government.” The view that Southern ideologues such as John C. Calhoun had promoted for more than a decade—that the federal government had a positive, indeed a constitutional, obligation to defend slavery.
 
Not surprisingly, the North exploded in denunciations of Taney’s opinion. Several sober appraisals in the Northern press decimated the chief justice’s tortured legal reasoning. The Republican editor Horace Greeley published Justice Curtis’s dissent as a pamphlet to be used in the elections of 1858 and 1860. The press and pulpit echoed with attacks on the decision that were as heated as Southern defenses of it. Taney’s hopes of settling the issue lay smashed. If anything, Scott v. Sandford inflamed passions and brought the Union even closer to dissolving.
 
For all practical purposes, Northern courts and politicians rejected Scott v. Sandford as binding. In an advisory opinion, Maine’s high court declared that African Americans could vote in both state and federal elections. The Ohio Supreme Court ruled that any slave coming into the state with his master’s consent, even as a sojourner, became free and could not be reenslaved upon returning to a slave state; the New York Court of Appeals handed down a similar ruling in Lemmon v. The People (1860). In several states, legislatures resolved to prohibit slavery in any form from crossing onto their soil and enacted legislation freeing slaves passing within their borders.
 
Taney is remembered now almost solely for the blatantly pro-slavery decision he wrote and for his demeaning comments about African Americans. When he died in 1864, he was roundly denounced and vilified in the North. Republican Sen. Charles Sumner of Massachusetts predicted that “the name of Taney is to be hooted down the page of history.” Whatever else he may have done, his name will always be linked with that of a slave who wanted nothing more than his freedom.
 
Dred Scott did, in fact, get his freedom, but not through the courts. After he and his wife were later bought by the Blow family (who had sold Scott to Emerson in the first place), they were freed in 1857. Scott died of tuberculosis in St. Louis the following year. Harriet Scott lived until June 1876, long enough to see the Civil War and the Thirteenth Amendment (1865) abolish slavery in the United States.
 
Missouri Compromise, (1820), in U.S. history, measure worked out between the North and the South and passed by the U.S. Congress that allowed for admission of Missouri as the 24th state (1821). It marked the beginning of the prolonged sectional conflict over the extension of slavery that led to the American Civil War.
 
The territory of Missouri first applied for statehood in 1817, and by early 1819 Congress was considering enabling legislation that would authorize Missouri to frame a state constitution. When Rep. James Tallmadge of New York attempted to add an antislavery amendment to that legislation on February 13, 1819, however, there ensued an ugly and rancorous debate over slavery and the government’s right to restrict slavery. The Tallmadge amendment prohibited the further introduction of slaves into Missouri and provided for emancipation of those already there when they reached age 25. The amendment passed the House of Representatives, controlled by the more-populous North, but failed in the Senate, which was equally divided between free and slave states. Congress adjourned without resolving the Missouri question.
 
The following summer a considerable body of public opinion in the North was rallied in support of the Tallmadge proposal. Much of that anti-Missouri sentiment, as it was called, arose from a genuine conviction that slavery was morally wrong. Political expediency was mixed with moral convictions. Many of the leading anti-Missouri men had been active in the Federalist party, which seemed to be in the process of disintegration; it was charged that they were seeking an issue on which to rebuild their party. The Federalist leadership of the anti-Missouri group caused some northern Democrats to reconsider their support of the Tallmadge amendment and to favour a compromise that would thwart efforts to revive the Federalist party.
 
When it reconvened in December 1819, Congress was faced with a request for statehood from Maine. At the time, there were 22 states, half of them free states and half of them slave states. The Senate passed a bill allowing Maine to enter the Union as a free state and Missouri to be admitted without restrictions on slavery. Sen. Jesse B. Thomas of Illinois then added an amendment that allowed Missouri to become a slave state but banned slavery in the rest of the Louisiana Purchase north of latitude 36°30′. Henry Clay then skillfully led the forces of compromise, engineering separate votes on the controversial measures. On March 3, 1820, the decisive votes in the House admitted Maine as a free state, Missouri as a slave state, and made free soil all western territories north of Missouri’s southern border.
 
When the Missouri constitutional convention empowered the state legislature to exclude free blacks and mulattoes, however, a new crisis was brought on. Enough northern congressmen objected to the racial provision that Clay was called upon to formulate the Second Missouri Compromise. On March 2, 1821, Congress stipulated that Missouri could not gain admission to the Union until it agreed that the exclusionary clause would never be interpreted in such a way as to abridge the privileges and immunities of U.S. citizens. Missouri so agreed and became the 24th state on August 10, 1821; Maine had been admitted the previous year on March 15.
 
Although slavery had been a divisive issue in the United States for decades, never before had sectional antagonism been so overt and threatening as it was in the Missouri crisis. Thomas Jefferson described the fear it evoked as “like a firebell in the night.” Although the compromise measures appeared to settle the slavery-extension issue, John Quincy Adams noted in his diary, “Take it for granted that the present is a mere preamble—a title page to a great, tragic volume.” Sectional conflict would grow to the point of civil war after the Missouri Compromise was repealed by the Kansas-Nebraska Act (1854) and was declared unconstitutional in the Dred Scott decision of 1857..
 
  • Treaty of Peace and Friendship 1786
Article 6.
If any Moor shall bring Citizens of the United States or their Effects to His Majesty, the Citizens shall immediately be set at Liberty & the Effects restored & in like Manner, if any Moor not a Subject of these Dominions, shall make Prize of any of the Citizens of America or their Effects, & bring them into any of the Ports of His Majesty, they shall be immediately released as they will then be considered as under His Majesty’s Protection.
 
  • Library of Congress the Dred Scott decision (Please see: Dread Scott within this glossary in the D section)
5. When the Constitution was adopted, they were not regarded in any of the States as members of the community which constituted the State, and were nut numbered among its “people or citizen.” Consequently, the special rights and immunities guarantied to citizens do not apply to them. And not being “citizens” within the meaning of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a suit..
 
APPENDIX. [From the New York Day-Book, Nov. 10,1857.] NATURAL HISTORY OF THE PROGNATHOUS SPECIES OF MANKIND. BY DR. SAMUEL A. CARTWRIGHT, OF NEW ORLEANS.
Samuel Adolphus Cartwright (November 3, 1793 – May 2, 1863) was an American physician who practiced in Mississippi and Louisiana in the Antebellum era United States. Cartwright is best known as the inventor of the 'mental illness' of Drapetomania—the desire of a slave for freedom...
 
When all, or a greater part of the face is thrown anterior to the line, the negro approximates the monkey anatomically more than he does the true Caucasian; and when little or none of the face is anterior to the line, he approximates that mythical being of Dr. Van Evrie, a black white man, and almost ceases to be a negro The black man occasionally seen in Africa, called the Bature Dudu, with high nose, thin lips, and long straight hair, is not a negro at all, but a Moor tanned by the climate...
 
the United States for having officiously destroyed the value of negro property in Africa by breaking up the only trade that ever protected the native Africans against the butcheries, cruelties and oppressions of their mulatto, Moorish and Mahommedan tyrants It is these butcheries and cruelties, and the little care taken of the black man in Africa, the last fifty years, since he became valueless through British and American philanthropy, that lie at the root of the depopulating process which is going on in the dark land of the Niger..
 
 
  • MOROCCO GENERAL TREATY between Great Britain and Morocco. Signed, in the English and Arabic languages, at Tangier, December 9, 1856.
 
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Sultan of Morocco and Fez, being desirous to maintain and strengthen the relations of friendship which have long subsisted between their respective dominions and subjects, have resolved to proceed to a revision and improvement of the Treaties subsisting between the respective countries, and have for that purpose named as their Plenipotentiaries, that is to say:.
 
XU. All British subjects, whether Mahometans, Jews, or Christians, shall alike enjoy all the rights and privileges granted by the present Treaty and the Convention of Commerce and Navigation which has also been concluded this day, or which shall at any time be granted to the most favoured nation.
 
XIV. In all criminal cases, differences, disputes, or other causes of litigation arising between British subjects and the subjects or citizens of other foreign nations, no Governor, Kadi, or other Moorish authority shall have a right to interfere, unless a Moorish subject may have received thereby any injury to his pe or property, in which case the Moorish authority, or one of a aco shall have a right to be present at the tribunal of the consul.
 
Such cases shall be decided solely in the tribunals of the foreign Consuls, without the interference of the Moorish Government, according to the established usages which have hitherto been acted upon or may hereafter be arranged between such Consuls.
 
XVI. No British subject professing the Mahometan faith, or who may have professed the Mahometan religion, shall be considered as having in any manner lost, or as being by reason thereof in any degree less entitled to, the rights and privileges, or the full protection, enjoyed by British subjects who are Christians; but all British subjects, whatever their religion may be, shall enjoy all the rights and privileges secured by the present Treaty to British subjects, without any distinction or difference.
 
XIX. The present if shall apply generally to all the dominions of Her Britannic Majesty, and to all subjects who are under her obedience, and all those who inhabit any town or place. which is considered part of her kingdom, as also to all her subjects in Gibraltar and its inhabitants, and likewise to the inhabitants of the United States of the Ionian Islands which are under her protection; and all those who are called or described as English, shall be considered as British subjects, without any distinction between those born in and those born out of Great Britain: And if the Queen of Great Britain should hereafter possess a town or a country which, either by conquest or by Treaty, shall enter under her authority, all its people and inhabitants shall be considered as British subjects, even if only for the first time subjected to Great Britain.
 
XX. The subjects of the Queen of Great Britain, and those who are under her government or protection, shall have the full benefit of the privileges and of the particular favours granted by this Treaty, and which may be allowed to the subjects of other nations that are at war with Great Britain; and if, after this date, any other privileges shall be granted to any other Power, the same shall be extended and apply to, and in favour of, all British subjects in every respect, as to the subjects of such other Power.
 
RIGHT OF PROTECTION IN MOROCCO Convention signed at Madrid July 3,1880
Having recognized the necessity of establishing, on fixed and uniform bases, the exercise of the right of protection in Morocco, and, of settling certain questions connected therewith,
 

ARTICLE l' The conditions under which protection may be conceded are those established in the British and Spanish treaties with the Government of Morocco, and in the convention made between that Government, France and other powers in 1863, with the modification introduced by the present convention..

 
A U.S. note of Feb. 13, 1914, addressed to the French Ambassador at Washington, stated in part: "The provisions of the convention of 1863 appear to be substantially the same as the 'regulations relative to protection adopted by common consent by the Legation of France and the Government of Morocco, August 19, 1963,' reprinted in 'Treaties in Force, 1904,' at the end of the Madrid convention.... The British and Spanish treaties mentioned in Article I of the Madrid convention are presumably the general treaty of December 9, 1856, between Great Britain and Morocco, and the treaty of commerce and navigation of November 20, 1861, between Spain and Morocco." (1914 For. ReI. 909.) For background, see II Hackworth554. For text of the 1863 regulations, see p. 78; for the general treaty of Dec. 9, 1856, between Great Britain and Morocco, see British and Foreign State Papers, vol. 46, p. 176; for the' treaty of commerce and navigation of Nov. 20, 1861, between Spain and Morocco, see Ibid., vol. 53, p. 1089.
 
ART. 15 Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco.
 
Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country shall be continued to them as regards all its effects without any restriction.
 
 
 

» The L.A.W. of the Empire of Morocco