t the words are general, and extend to the whole territory
over which the Constitution gives it power to legislate, including those
portions of it remaining under Territorial Government, as well as that
covered by States. 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 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
recognizes 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