“The
constitution of the state or union is not the source of these rights, or
the others to which we have referred you, they existed in their
plenitude before any constitutions, which do not create but protect and
secure them against any violation by the legislatures or courts, in
making, expounding or administering laws...."
“. . . Jack
was the property of the plaintiff, who had a right to possess and
protect his slave or servant, whom he had a right to seize and take away
to his residence in New Jersey by force, if force was necessary, he had
a right to secure him from escape, or rescue, by any means not cruel or
wantonly severe–he had a right to carry arms in defence of his property
or person, and to use them if either were assailed with such force,
numbers or violence as made it necessary for the protection or safety of
either; he had a right to come into the state and take Jack on Sunday,
the act of taking him up and conveying him to the Billet, was no breach
of the peace if not done by noise and disorder, occasioned by himself or
his party–and their peaceable entry into the house of Mrs. Kinderdine
was lawful and justifiable, for this purpose, in doing these acts, they
were supported by laws which no human authority could shake or
question.”--U.S.
Supreme Court Justice BALDWIN, Circuit Court of The United States,
[PENNSYLVANIA APRIL TERM 1833 BEFORE Hon. HENRY BALDWIN, Associate
Justice of the [U.S.] Supreme Court, Hon JOSEPH HOPKINSON District
Judge, Johnson v. Tompkins(13 F. Cas. 840 (C.C.E.D. Pa. 1833)), and
others.]
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