The court adjudges, I think erroneously, that Congress is without power,
under either the Thirteenth or Fourteenth Amendments, to establish such
regulations, and that the first and second sections of the statute are,
in all their parts, unconstitutional and void.
Whether the legislative department of the government has transcended the
limits of its constitutional powers, “is at all times,” said the court
in _Fletcher ~v.~ Peck_, 6 Cr. 128, “a question of much delicacy, which
ought seldom, if ever, to be decided in the affirmative, in a doubtful
case.... The opposition between the Constitution and the law should
be such that the judge feels a clear and strong conviction of their
incompatibility with each other.” More recently in _Sinking Fund Cases_,
99 U. S., 718, we said: “It is our duty when required in the regular
course of judicial proceedings, to declare an Act of Congress void if not
within the legislative power of the United States; but this declaration
should never be made except in a clear case. Every possible presumption
is in favor of the validity of a statute, and this continues until the
contrary is shown beyond a rational doubt. One branch of the government
cannot encroach on the domain of another without danger. The safety of
our institutions depends in no small degree on a strict observance of
this salutary rule.”
Before considering the language and scope of these amendments, it will
be proper to recall the relations subsisting, prior to their adoption,
between the national government and the institution of slavery, as
indicated by the provisions of the Constitution, the legislation of
Congress, and the decisions of this court. In this mode we may obtain
keys with which to open the mind of the people, and discover the thought
intended to be expressed.
In section 2 of article IV. of the Constitution it was provided that “no
person held to service or labor in one State, under the laws thereof,
escaping into another, shall, in consequence of any law or regulation
therein, be discharged from such service or labor, but shall be delivered
up on claim of the party to whom such service or labor may be due.” Under
authority of this clause Congress passed the Fugitive Slave Law of 1793,
establishing a mode for the recovery of fugitive slaves, and prescribing
a penalty against any person who should knowingly and willingly obstruct
or hinder the master, his agent, or attorney, in seizing, and recovering
the fugitive, or who should rescue the fugitive from him, or who should
harbor or conceal the slave after notice that he was a fugitive.
In _Prigg ~v.~ Commonwealth of Pennsylvania_, 16 Pet. 539, this court
had occasion to define the powers and duties of Congress in reference to
fugitives from labor. Speaking by MR. JUSTICE STORY, it laid down these
propositions:
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