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" The clause manifestly contemplates the existence of a positive, unqualified right on the part of the owner of the slave, which no State law or regulation can in any way qualify, regulate, control, or restrain. "
The United States Democratic Review - Page 292
1847
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The Life and Times of Wendell Phillips

George Lowell Austin - Abolitionists - 1884 - 452 pages
...provisions of the Fugitive-slave Law. Judge Story had ruled that the Constitution contemplated the existence of a "positive, unqualified right on the part of the owner of a slave, which no State law or regulation can in any way qualify, regulate, control, or restrain."...
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Abraham Lincoln: A History, Volume 3

John George Nicolay, John Hay - Presidents - 1890 - 536 pages
...States of Maryland and Pennsylvania, the Supreme Court decided that under the Constitution there existed a positive unqualified right, on the part of the owner of the slave, which no State law or regulation could in any way qualify, regulate, control, or restrain. The owner of a slave was clothed with entire...
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Annotated Constitution of the United States

Andrew Jackson Baker - Constitutional law - 1891 - 382 pages
...Pennsylvania, 16 Pet 539. 6. States cannot control the subject.— This clause contemplates the existence of a positive, unqualified right on the part of the...in any way qualify, regulate, control or restrain. Id. 7. Nor interfere with the regulations made by congress. — Where congress have a constitutional...
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The Constitution of the United States at the End of the First Century

George Sewall Boutwell - Constitutional history - 1895 - 458 pages
...Story says in the opinion : " The clause [of the Constitution] manifestly contemplates the existence of a positive, unqualified right on the part of the...in any way qualify, regulate, control or restrain." § 460. As there was no law of the United States which compelled a claim int to submit the justice...
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The Southern States of the American Union: Considered in Their Relations to ...

Jabez Lamar Monroe Curry - Constitutional history - 1895 - 268 pages
...once of its intrinsic and practical necessity." " The clause manifestly contemplates the existence of a positive unqualified right on the part of the...slave, which no State law or regulation can in any way regulate, control, qualify, or restrain." Judge Baldwin, in the case of Johnson v. Tompkins, and others,...
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Notes on the united states reports, Volume 4

1899 - 952 pages
...them, p. 612. Slavery.— The clause in the Constitution relating to slavery contemplates the existence of a positive unqualified right on the part of the...in any way qualify, regulate, control or restrain, p. 612. Cited in McElvain v. Mudd, 44 Ala. 52, 4 Am. Rep. 108, holding Supreme Court had recognized...
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Notes on the Constitution of the United States: Showing the Construction and ...

William Angus Sutherland - Constitutional law - 1904 - 1008 pages
...liberty to declare free all runaway slaves coming within their limits.1 It contemplated the existence of a positive, unqualified right on the part of the owner of the slave, which no state law could in any way qualify, regulate, control or restrain.2 The states could not be compelled to enforce...
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A History of the People of the United States: From the Revolution ..., Volume 7

John Bach McMaster - United States - 1910 - 686 pages
...of the peace. The clause of the Constitution relating to fugitive slaves contemplated the existence of a positive unqualified right on the part of the owner of a slave, which no State law could in any way qualify, regulate, control, or restrain. The act of 1793,...
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The Messages and Proclamations of the Governors of the State of ..., Volume 2

Missouri. Governor - Missouri - 1922 - 556 pages
...Constitution under consideration, the court proceed to say: "The clause manifestly contemplates the existence of a positive unqualified right on the part of the...in any way qualify, regulate, control or restrain. The slave is not to be discharged from service or labor in consequence of any State law or regulation....
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The Constitution of the United States of America as Amended to December 1, 1924

United States - Constitutional amendments - 1924 - 936 pages
...Nicholson, 13 Wall. 661. Exclusive Power of Congress This clause manifestly contemplates the existence of a positive, unqualified right on the part of the...owner of the slave which no State law or regulation could in any way qualify, regulate, control, or restrain. The slave was not to be disSec. 2. — Citizens...
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