arged from said service or
labor." This clause was inserted, as all admit, to prevent the runaway
slave from being emancipated by the _laws_ of the free states. If these
laws had _no power_ to emancipate, why this constitutional guard to
prevent it?

The insertion of the clause, was the testimony of the eminent jurists
that framed the Constitution, to the existence of the _power_, and their
public proclamation, that the abolition of slavery was within the
appropriate sphere of legislation. The right of the owner to that which
is rightfully property, is founded on a principle of _universal law_,
and is recognized and protected by all civilized nations; property in
slaves is, by general consent, an _exception_; hence slaveholders
insisted upon the insertion of this clause in the United States'
Constitution, that they might secure by an _express provision_, that
from which protection is withheld, by the acknowledged principles of
universal law.[A] By demanding this provision, slaveholders consented
that their slaves should not be recognized as property by the United
States' Constitution, and hence they found their claim, on the fact of
their being "_persons_, and _held_ to service."

[Footnote A: The fact, that under the articles of Confederation,
slaveholders, whose slaves had escaped into free states, had no legal
power to force them back,--that _now_ they have no power to recover, by
process of law, their slaves who escape to Canada, the South American
States, or to Europe--the case already cited, in which the Supreme Court
of Louisiana decided, that residence "_for one moment_," under the laws
of France emancipated an American slave--the case of Fulton, _vs._
Lewis, 3 Har. and John's Reps., 56, where the slave of a St. Domingo
slaveholder, who brought him to Maryland in '93, was pronounced free by
the Maryland Court of Appeals--are illustrations of the acknowledged
truth here asserted, that by the consent of the civilized world, and on
the principles of universal law, slaves are not "_property_," and that
whenever held as property under _law_, it is only by _positive
legislative acts_, forcibly setting aside the law of nature, the common
law, and the principles of universal justice and right between man and
man,--principles paramount to all law, and from which alone, law derives
its intrinsic authoritative sanction.]

9. CONGRESS HAS UNQUESTIONABLE POWER TO ADOPT THE COMMON LAW, AS THE
LEGAL SYSTEM, WITHIN ITS EXCLU