That a clause of the Constitution conferring a right should not be so
construed as to make it shadowy, or unsubstantial, or leave the citizen
without a remedial power adequate for its protection, when another
construction equally accordant with the words and the sense in which they
were used, would enforce and protect the right granted:
That Congress is not restricted to legislation for the execution of its
expressly granted powers; but for the protection of rights guaranteed by
the Constitution, may employ such means, not prohibited, as are necessary
and proper, or such as are appropriate, to attain the ends proposed:
That the Constitution recognized the master’s right of property in his
fugitive slave, and, as incidental thereto, the right of seizing and
recovering him, regardless of any State law, or regulation, or local
custom whatsoever; and,
That the right of the master to have his slave, thus escaping, delivered
up on claim, being guaranteed by the Constitution, the fair implication
was that the national government was clothed with appropriate authority
and functions to enforce it.
The court said: “The fundamental principle, applicable to all cases of
this sort, would seem to be that when the end is required the means
are given, and when the duty is enjoined the ability to perform it is
contemplated to exist on the part of the functionary to whom it is
entrusted.” Again: “It would be a strange anomaly and forced construction
to suppose that the national government meant to rely for the due
fulfillment of its own proper duties, and the rights which it intended
to secure, upon state legislation, and not upon that of the Union. _A
fortiori_, it would be more objectionable to suppose that a power which
was to be the same throughout the Union, should be confided to State
sovereignty which could not rightfully act beyond its own territorial
limits.”
The act of 1793 was, upon these grounds, adjudged to be a constitutional
exercise of the powers of Congress.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account