Joseph Story

“ For, if congress have a constitutional power to regulate a particular subject, and they do actually regulate it in a given manner, and in a certain form, it cannot be, that the state legislatures have a right to interfere, and as it were, by way of compliment to the legislation of congress, to prescribe additional regulations, and what they may deem auxiliary provisions for the same purpose. In such a case, the legislation of congress, in what it does prescribe, manifestly indicates, that it does not intend that there shall be any further legislation to act upon the subject-matter. ”

“ It will, indeed, probably, be found, when we look to the character of the constitution itself, the objects which it seeks to attain, the powers which it confers, the duties which it enjoins, and the rights which it secures, as well as the known historical fact, that many of its provisions were matters of compromise of opposing interests and opinions, that no uniform rule of interpretation can be applied to it, which may not allow, even if it does not positively demand, many modifications, in its actual application to particular clauses. ”

“ Many cases must arise, in which, if the remedy of the owner were confined to the mere right of seizure and recaption, he would be utterly without any adequate redress. He may not be able to lay his hands upon the slave. He may not be able to enforce his rights against persons, who either secrete or conceal, or withhold the slave. He may be restricted by local legislation, as to the mode of proofs of his ownership; as to the courts in which he shall sue, and as to the actions which he may bring; or the process be may use to compel the delivery of the slave. ”

“ These are some of the reasons, but by no means all, upon which we hold the power of legislation on this subject to be exclusive in congress. To guard, however, against any possible misconstruction of our views, it is proper to state, that we are by no means to be understood, in any manner whatsoever, to doubt or to interfere with the police power belonging to the states, in virtue of their general sovereignty. That police power extends over all subjects within territorial limits of the states, and has never been conceded to the United States. ”

“ Chief Justice MARSHALL, in delivering the opinion of the court, 'the terms in which a power is granted to congress, or the nature of the power, require, that it should be exercised exclusively by congress, the subject is as completely taken from the state legislatures, as if they had been forbidden to act.' The nature of the power, and the true objects to be attained by it, are then as important to be weighed, in considering the question of its exclusiveness, as the words in which it is granted. ”

“ It says, 'but he (the slave) shall be delivered up, on claim of the party to whom such service or labor may be due.' Now, we think it exceedingly difficult, if not impracticable, to read this language, and not to feel, that it contemplated some further remedial redress than that which might be administered at the hands of the owner himself. A claim is to be made! What is a claim? It is, in a just jurisdical sense, a demand of some matter, as of right, made by one person upon another, to do or to forbear to do some act or thing as a matter of duty. ”

“ Treaties made between the United States and foreign powers, often contain special provisions, which do not execute themselves, but require the interposition of congress to carry them into effect, and congress has constantly, in such cases, legislated on the subject; yet, although the power is given to the executive, with the consent of the senate, to make treaties, the power is nowhere in positive terms conferred upon congress to make laws to carry the stipulations of treaties into effect ”

“ Its true design was, to guard against the doctrines and principles prevalent in the non-slave-holding states, by preventing them from intermeddling with, or obstructing, or abolishing the rights of the owners of slaves.
By the general law of nations, no nation is bound to recognise the state of slavery, as to foreign slaves found within its territorial dominions, when it is in opposition to its own policy and institutions, in favor of the subjects of other nations where slavery is recognised. ”

“ Nay! the local legislation may be utterly inadequate to furnish the appropriate redress, by authorizing no process in rem, or no specific mode of repossessing the slave, leaving the owner, at best, not that right which the constitution designed to secure, a specific delivery and repossession of the slave, but a mere remedy in damages; and that, perhaps, against persons utterly insolvent or worthless. The state legislation may be entirely silent on the whole subject, and its ordinary remedial process framed with different views and objects ”

“ The senators and representatives in congress are, in all cases, except treason, felony and breach of the peace, exempted from arrest, during their attendance at the sessions thereof, and in going to and returning from the same. May not congress enforce this right, by authorizing a writ of habeas corpus, to free them from an illegal arrest, in violation of this clause of the constitution? If it may not, then the specific remedy to enforce it must exclusively depend upon the local legislation of the states; and may be granted or refused, according to their own varying policy or pleasure. ”

“ The legislation of one state may not only be different from, but utterly repugnant to and incompatible with, that of another. The time and mode, and limitation of the remedy, the proofs of the title, and all other incidents applicable thereto, may be prescribed in one state, which are rejected or disclaimed in another. One state may require the owner to sue in one mode, another, in a different mode. One state may make a statute of limitations as to the remedy, in its own tribunals, short and summary ”

“ It is scarcely conceivable, that the slave-holding states would have been satisfied with leaving to the legislation of the non-slave-holding states, a power of regulation, in the absence of that of congress, which would or might practically amount to a power to destroy the rights of the owner. ”

“ The plaintiff in error was indicted in the court of oyer and terminer for York county, for having, with force and violence, taken and carried away from that county, to the state of Maryland, a certain negro woman, named Margaret Morgan, with a design and intention of selling and disposing of, and keeping her, as a slave or servant for life, contrary to a statute of Pennsylvania, passed on the 26th of March 1826. ”

“ Nay, some states may utterly refuse to act upon the subject of all; and others may refuse to open its courts to any remedies in rem, because they would interfere with their own domestic policy, institutions or habits. ”

“ The fourth section provides a penalty against any person, who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney, in so seizing or arresting such fugitive from labor, or rescue such fugitive from the claimant, or his agent or attorney, when so arrested, or who shall harbor or conceal such fugitive, after notice that he is such; and it also saves to the person claiming such labor or service, his right of action for or on account of such injuries. ”