to the range of the
territorial laws, how can the slave be coerced to serve in a State or
Territory, not only without the authority of law, but against its
express provisions? What gives the master the right to control the
will of his slave? The local law, which exists in some form. But where
there is no such law, can the master control the will of the slave by
force? Where no slavery exists, the presumption, without regard to
color, is in favor of freedom. Under such a jurisdiction, may the
colored man be levied on as the property of his master by a creditor?
On the decease of the master, does the slave descend to his heirs as
property? Can the master sell him? Any one or all of these acts may be
done to the slave, where he is legally held to service. But where the
law does not confer this power, it cannot be exercised.

Lord Mansfield held that a slave brought into England was free. Lord
Stowell agreed with Lord Mansfield in this respect, and that the slave
could not be coerced in England; but on her voluntary return to
Antigua, the place of her slave domicil, her former status attached.
The law of England did not prohibit slavery, but did not authorize it.
The jurisdiction which prohibits slavery is much stronger in behalf of
the slave within it, than where it only does not authorize it.

By virtue of what law is it, that a master may take his slave into
free territory, and exact from him the duties of a slave? The law of
the Territory does not sanction it. No authority can be claimed under
the Constitution of the United States, or any law of Congress. Will it
be said that the slave is taken as property, the same as other
property which the master may own? To this I answer, that colored
persons are made property by the law of the State, and no such power
has been given to Congress. Does the master carry with him the law of
the State from which he removes into the Territory? and does that
enable him to coerce his slave in the Territory? Let us test this
theory. If this may be done by a master from one slave State, it may
be done by a master from every other slave State. This right is
supposed to be connected with the person of the master, by virtue of
the local law. Is it transferable? May it be negotiated, as a
promissory note or bill of exchange? If it be assigned to a man from a
free State, may he coerce the slave by virtue of it? What shall this
thing be denominated? Is it personal or real property? Or is it an