Footnotes 81-90: 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)
<fn81> [*270] Goodell, Views, 39, 49 (quotation); Stewart, Letter to [Gamaliel] Bailey, April 1842, in Marsh, ed., Writings of Stewart, 268; Stewart, "New Jersey Argument," 336, 345; Smith, "To the Friends of the Slave in the Town of Smithfield" (1844, broadside) in Gerrit Smith Collection, New York State Historical Association, Cooperstown; Theodore Parker, The Relation of Slavery to a Republican Form of Government . . . (Boston: William L. Kent, 1858), 8-14.
<fn82> [*270] The Federalist, Number 39, 251.<fn83> [*270] Goodell, Our National Charters, 62-65; Goodell, Views, 46-57; Mellen, Argument, 87; "Address of the Liberty Party Convention, Held at Peterboro......... Emancipator and Free American, 10 March 1842.<fn84> [*271] Smith, Constitutional Argument, 20-21; Goodell, Views, 46-57; [Goodell], Address of the Macedon Convention, 3; Spooner, Unconstitutionality, 105-114; Address of the Free Constitutionalists, 10; Goodell, Our National Charters, 62-65.<fn85> [*271] Olcott, Two Lectures, 88; Mellen, Argument 73; [Spooner], "Legal Basis," 292.<fn86> [*271] Smith, Constitutional Argument, 20; [Goodell], Constitutional Duty, 9; Spooner, Unconstitutionality, 96-97; "Its First Public Advocate," Cincinnati Philanthropist, 13 April 1842. Adams broached his war-power theory on the floor on the House: Globe, 27 Cong. 2 sess. 429 (15 April 1842).<fn87> [*271] Stewart, "Report of a Speech Delivered before a Joint Committee of the Vermont Legislature," and "Address to the Abolitionists of the State of New York," in Marsh, ed., Writings of Stewart, 177, 86-107.<fn88> [*271] Stewart, "Address to the Abolitionists of the State of New York," in Marsh, ed., Writings of Stewart, 105-107; Goodell, Views, 43-46; Spooner, Unconstitutionality, 95-96; Tiffany, Treatise, 134. in A View of the Constitution of the United States of America, 2d ed. (Philadelphia: Philip H. Nicklin, 1839), 117, William Rawle, a prominent nonabolitionist constitutional commentator, supported the negative-pregnant argument.<fn89> [*272] Art. VI, cl. 2: "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." <fn90> [*272] Stewart, "Constitutional Argument," in tenbroek, Equal under Law, 290; Goodell, Views, 41-43, 106-114; Birney, " Can Congress," 312.