Creole Case - The Giddings Resolutions

The Giddings Resolutions

1. Resolved, That, prior to the Adoption of the Federal Constitution, each of the several States composing this Union exercised full and exclusive jurisdiction over the subject of slavery within its own territory, and possessed full power to continue or abolish it at pleasure.
2. Resolved, That, by adopting the Constitution, no part of the aforesaid powers were delegated to the Federal Government, but were reserved by and still pertain to each of the several States.
3. Resolved, That, by the 8th section of the 1st article of the Constitution, each of the several States surrendered to the Federal Government all jurisdiction over the subjects of commerce and navigation upon the high seas.
4. Resolved. That slavery, being an abridgment of the natural rights of man, can exist only by force of positive municipal law, and is necessarily confined to the territorial jurisdiction of the power creating it.
5. Resolved, That when a ship belonging to the citizens of any State of the 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 therefore are governed in their relations to each other by, and are amenable to, the laws of the United States.
6. Resolved, That when the brig Creole, on her late passage for New Orleans, left the territorial jurisdiction of Virginia, the slave laws of that State ceased to have jurisdiction over the persons on board such brig, and such persons became amenable only to the laws of the United States.
7. Resolved, That the persons on board the said ship, in resuming their natural rights of personal liberty, violated no law of the United States, incurred no legal responsibility, and are justly liable to no punishment.
8. Resolved, That all attempts to regain possession of or to re-enslave said persons are unauthorized by the Constitution or laws of the United States, and are incompatible with our national honor.
9. Resolved, That all attempts to exert our national influence in favor of the coastwise slave trade, or to place this nation in the attitude of maintaining a "commerce in human beings", are subversive to the rights and injurious to the feelings of the free States, are unauthorized by the Constitution, and prejudicial to our national character.