1828 United States Supreme Court case
| American Insurance Company v. 356 Bales of Cotton | |
|---|---|
 Supreme Court of the United States | |
| Argued March 8, 10–11, 1828 Decided March 15, 1828 | |
| Full case name | The American Insurance Company, and The Ocean Insurance Company, (of New-York,) v. 356 Bales of Cotton, David Canter |
| Citations | 26 U.S. 511 (more)1 Pet. 511; 7 L. Ed. 242; 1828 WL 2951 (U.S.S.C.) |
| Case history | |
| Prior | From the Circuit Court of the United States, District of South Carolina |
| Court membership | |
| |
| Case opinion | |
| Majority | Marshall, joined by unanimous |
American Insurance Company v. 356 Bales of Cotton, 26 U.S. (1 Pet.) 511 (1828), was a case decided by the Supreme Court of the United States. The case involved the validity of a local court established by Congress in the Florida Territory whose judges lacked life tenure, as mandated by Article III of the Constitution. Chief Justice John Marshall upheld the courts on the basis of Congress's broad power to enact local laws for territories under Article IV, Section 3, Clause 2 of the Constitution. The case was later discussed in Dred Scott v. Sandford, where Chief Justice Roger Taney distinguished it in holding that Congress could not ban slavery within a territory.
References
- "Property and Territory: Powers of Congress". Justia.com.
External links
Works related to American Ins. Co. v. 356 Bales of Cotton at Wikisource- Text of American Insurance Company v. 356 Bales of Cotton, 26 U.S. (1 Pet.) 511 (1828) is available from: Findlaw Google Scholar Justia Library of Congress OpenJurist
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