Ann is a slave from N. Carolina who travels with her "owner" to Kansas, a free state by State Constitution (the State Constitution outlaws slavery). Ann is taken into custody by Kansas government officials who refuse to release Ann to the owner. The owner sues the State of Kansas arguing that Ann is his property and that she should be returned to him. The Owner specifically claims that slavery should be recognized in Kansas as part of Kansas common law which requires property to be returned to the rightful owner when it crosses State lines and a N Carolina Statute which makes slavery legal in that state.

Who will win and why?