' It received the emphatic endorsement of Wayne,
whose general concurrence was with the Chief Justice. Grier concurred in
set terms with Nelson on all 'the questions discussed by him.' Campbell
says, 'The claim of the plaintiff to freedom depends upon the effect to
be given to his absence from Missouri, in company with his master in
Illinois and Minnesota, _and this effect is to be ascertained by
reference to the laws of Missouri_.' Five of the Justices, then (if no
more of them), regard the law of Missouri as decisive of the plaintiff's
rights."]
[Footnote 35:--"Now, as we have already said in an earlier part of this
opinion upon a different point, the right of property in a slave is
distinctly and expressly affirmed in the Constitution. The right to
traffic in it, _like an ordinary article of merchandise and property_,
was guaranteed to the citizens of the United States in every State that
might desire it, for twenty years."--_Ch. J. Taney_, 19 _How. U.S.R_.,
p. 451. _Vide_ language of Mr. Madison, note 34, as to "_merchandise_."]
[Footnote 36:--Not only was the right of property _not_ intended to be
"distinctly and expressly affirmed in the Constitution"; but the
following extract from Mr. Madison demonstrates that the utmost care was
taken to avoid so doing:
"The clause as originally offered [respecting fugitive slaves] read, 'If
any person LEGALLY bound to service or labor in any of the United States
shall escape into another State," etc.
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