a total absence of power
everywhere within the dominion of the United States, and places the
citizens of a Territory, so far as these rights are concerned, on the
same footing with citizens of the States, and guards them as firmly
and plainly against any inroads which the General Government might
attempt, under the plea of implied or incidental powers. And if
Congress itself cannot do this--if it is beyond the powers conferred
on the Federal Government--it will be admitted, we presume, that it
could not authorize a Territorial Government to exercise them. It
could confer no power on any local Government, established by its
authority, to violate the provisions of the Constitution.

It seems, however, to be supposed, that there is a difference between
property in a slave and other property, and that different rules may
be applied to it in expounding the Constitution of the United States.
And the laws and usages of nations, and the writings of eminent
jurists upon the relation of master and slave and their mutual rights
and duties, and the powers which Governments may exercise over it,
have been dwelt upon in the argument.

But in considering the question before us, it must be borne in mind
that there is no law of nations standing between the people of the
United States and their Government, and interfering with their
relation to each other. The powers of the Government, and the rights
of the citizen under it, are positive and practical regulations
plainly written down. The people of the United States have delegated
to it certain enumerated powers, and forbidden it to exercise others.
It has no power over the person or property of a citizen but what the
citizens of the United States have granted. And no laws or usages of
other nations, or reasoning of statesmen or jurists upon the relations
of master and slave, can enlarge the powers of the Government, or take
from the citizens the rights they have reserved. And if the
Constitution recognises the right of property of the master in a
slave, and makes no distinction between that description of property
and other property owned by a citizen, no tribunal, acting under the
authority of the United States, whether it be legislative, executive,
or judicial, has a right to draw such a distinction, or deny to it the
benefit of the provisions and guarantees which have been provided for
the protection of private property against the encroachments of the
Government.

Now, as we hav