Peter Vivian Daniel

“ In the first place, whenever the master, attempting to enforce his right of seizure under the constitution, shall meet with resistance, the inconsiderable number of federal officers in a state, and their frequent remoteness from the theatre of action, must, in numerous instances, at once defeat his right of property, and deprive him also of personal protection and security. ”

“ If there is a power in the states to authorize and order their arrest and detention for delivery to their owners, not only will the probabilities of recovery be increased, by the performance of duties enjoined by law upon the citizens of those states, as well private persons as those who are officers of the law ”

“ These are not properly concurrent, but may be denominated dormant powers in the federal government; they may at any time be awakened into efficient action by congress, and from that time, so far as they are called into activity, will, of course, displace the powers of the states. But should they again be withdrawn or rendered dormant, or should their primitive exercise by the states never be interfered with by congress ”

“ By the removal of every incentive of interest in state officers, or individuals, and by the inculcation of a belief that any co-operation with the master becomes a violation of law, the most active and efficient auxiliary which he could possibly call to his aid is entirely neutralized. Again, suppose, that a fugitive from service should have fled to a state where slavery does not exist, and in which the prevalent feeling is hostile to that institution ”

“ I contend, moreover, that the act of 1793, made in aid of this clause of the constitution and for its enforcement, so far as it conforms to the constitution, is the supreme law to the states; and cannot be contravened by them, without a violation of the constitution. But the majority of my brethren, proceeding beyond these positions, assume the ground, that the clause of the constitution above quoted, as an affirmative power granted by the constitution, is essentially an exclusive power in the federal government ”

“ They commend themselves by their intrinsic equity; and have been amply justified by the great men under whose guidence the constitution was framed, as wells as by the practice of the government of the Union. ”

“ These propositions have been enforced and illustrated by many arguments drawn from different parts of the constitution. That the power is both ulimited and supreme, is not questioned; that its is exclusive, is denied by the counsel for the defendant. In considering this question, it must be recollected, that previous to the formation of the new constitution, we were divided into independent states, united for some purposes, but in most respects sovereign. These states could exercise almost every legislative power ”

“ In judicial proceedings, generally, that has been deemed a safe and prudent rule of action, which involves no rights or questions not necessary to be considered; but leaves these for adjudication where and when only they shall be presented directly and unavoidably, and when surrounded with every circumstance which can best illustrate their character. ”

“ The arrest or confinement, or restoration of a fugitive, merely because he is such, falls not regularly within the objects of police regulations; for such a person may be obnoxious to no charge of violence or disorder ”

“ Justice STORY, and in accordance with the opinion of the court, in that case. 'The constitution containing a grant of powers, in many instances similar to those already existing in the state governments, and some of these being of vital importance also to state authority and state legislation, it is not to be admitted, that a mere grant of powers, in affirmative terms, to congress, does, per se, transfer an exclusive sovereignty in such subjects to the latter ”