It is 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 can not 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....
"And if the Constitution recognizes the right of property of the master
in the 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....
"This is done in plain words--too plain to be misunderstood. And no word
can be found in the Constitution which gives Congress a greater power
over slave-property, or which entitles property of that kind to less
protection than property of any other description.
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