Footnotes 71-80: William Wiecek, "Chapter 11: Radical Constitutional Antislavery:  The Imagined Past, the Remembered Future" in The Source of Antislavery Constitutionalism in America, (Cornell University Press: 1977)

<fn71> [*267] Smith, Constitutional Argument, appendix.

<fn72> [*267] Cp. William W. Crosskey, Politics and the Constitution in the History of the United States (Chicago: Univ. of Chicago Press, 1953), 1056-1081, with Charles Fairman, "The Supreme Court and the Constitutional Limitations on State Governmental Authority," U.  Chi.  L. Rev., 21 (1953), 40-78.

<fn73> [*268] Stewart, "New Jersey Argument," 339.

<fn74> [*268] Birney, "Can Congress," 317; Weld, Power of Congress, 42; William Yates, Rights of Colored Men to Suffrage, Citizenship, and Trial by Jury ...(Philadelphia: Merrihew & Gunn, 1838), 37.

<fn75> [*268] James Willard Hurst, Law and the Conditions of Freedom in the Nineteenth-Century United States (Madison: Univ. of Wisconsin Press, 1967), ch. 1.

<fn76> [*268] Illinois State Anti-Slavery Society, Minute Book, 22, Chicago Historical Society.

<fn77> [*269] Goodell, Address Read at the New-York State Liberty Convention, 7; Gerrit Smith to L. K. Ingalls, 15 Aug. 1848, (broadside) in Birney Papers, vol. 18, Clements Library, Univ. of Michigan.

<fn78> [*269] Tiffany, Treatise, 57, 92, and ch. 12  passim.

<fn79> [*270] See generally Wiecek, Guarantee Clause, chs. 3-5.

<fn80> [*270] William Goodell, The Rights and the Wrongs of Rhode Island; Comprising Views of Liberty and Law, of Religion and Rights, as Exhibited in the Recent and Existing Difficulties in That State . . . (Whitesboro, N.Y., Christian Investigator No. 8, 1842), 27.

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