We have seen that the power of Congress, by legislation, to enforce the
master’s right to have his slave delivered up on claim was _implied_
from the recognition of that right in the national Constitution. But
the power conferred by the Thirteenth Amendment does not rest upon
implication or inference. Those who framed it were ignorant of the
discussion, covering many years of our country’s history, as to the
constitutional power of Congress to enact the Fugitive Slave Laws of
1793 and 1850. When, therefore, it was determined, by a change in the
fundamental law, to uproot the institution of slavery wherever it
existed in the land, and to establish universal freedom, there was a
fixed purpose to place the authority of Congress in the premise; beyond
the possibility of a doubt. Therefore, _ex industria_, power to enforce
the Thirteenth Amendment, by appropriate legislation, was expressly
granted. Legislation for that purpose, my brethren concede, may be direct
and primary. But to what specific ends may it be directed? This court
has uniformly held that the national government has the power, whether
expressly given or not, to secure and protect rights conferred or granted
by the Constitution. _United States ~v.~ Reese_, 92 U. S. 214; _Strauder_
v. _West Virginia_, 100 U. S. 303. That doctrine ought not now to be
abandoned when the inquiry is not as to an implied power to protect the
master’s rights, but what may Congress, under powers expressly granted,
do for the protection of freedom and the rights necessarily inhering in a
state of freedom.
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