"The clause is found in the national Constitution, and not in that of any state. It does not point out any state functionaries, or any state actions to carry its provisions into effect. The states cannot, therefore, be compelled to enforce them; and it might well be deemed an unconstitutional exercise of the power of interpretation, to insist that the states are bound to provide means to carry into effect the duties of the national government nowhere delegated or intrusted to them by the Constitution."
"If this be so, then it would seem, upon just principles of construction, that the legislation of Congress, if constitutional, must supersede all state legislation upon the same subject; and by necessary implication prohibit it."
"As to the authority so conferred upon state magistrates, while a difference of opinion has existed, and may exist still on the point, in different states, whether state magistrates are bound to act under it; none is entertained by this Court that state magistrates may, if they choose, exercise that authority, unless prohibited by state legislation."—16 Peters, Justice Story's Opinion, 608.
23. Giddings's resolutions on the status of slaves on the high seas. [§ [24.]]
1842, March 21. "Resolved, That when a ship belonging to the citizens of any State of this Union leaves the waters and territory of such State, and enters upon the high seas, the persons on board cease to be subject to the slave laws of such State, and thenceforth are governed in their relations to each other by, and are amenable only to, the laws of the United States.
"Resolved, That when the brig Creole, on her late voyage for New Orleans, left the territorial jurisdiction of Virginia, the slave laws of that State ceased to have jurisdiction over the persons on board said brig, and such persons became amenable only to the law of the United States.
"Resolved, That the persons on board the said ship, in reserving their natural rights of personal liberty, violated no law of the United States, incurred no legal penalty, and are justly liable to no punishment."—Cong. Globe, 27 Cong. 2 Sess., 324.
24. Benton's resolution on slaves escaping to Canada. [§ [23.]]
1844, Jan. 29. Mr. Benton presented the following resolution:—
"Resolved, That the President be requested to communicate to the Senate the information, if any, which may be in the Department of State, in relation to slaves committing crimes and escaping from the United States to the British dominions since the ratification of the treaty of 1842, and the refusal of the British authorities to give them up. Also, that he communicate to the Senate the information, if any such is possessed by him, of the construction which the British government puts upon the said article in relation to slaves committing crimes in the United States and taking refuge in the British dominions."—Congressional Record, 28 Cong. 1 Sess., 206.