Report of the Case of Edward Prigg Against the Commonwealth of Pennsylvania, Argued and Adjudged in the Supreme Court of the United States, at January Term, 1842: In which it was Decided that All the Laws of the Several States Relative to Fugitive Slaves are Unconstitutional and Void, and that Congress Have the Exclusive Power of Legislation on the Subject of Fugitive Slaves Escaping Into Other States
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Report of the Case of Edward Prigg Against the Commonwealth of Pennsylvania ...
United States Supreme Court
Keine Leseprobe verfügbar - 2018
act of Congress action admitted adoption aforesaid applied argument arrest authority brought carry cause citizens claim claimant clause Commonwealth of Pennsylvania concurrent consequence consideration Constitution construction Court deemed delivered delivery demand direct discharge doubt duty effect enact enforce error escaping established exclusive execution exercise exist express federal fled force fugitive from labour fugitive slaves give given granted ground held indictment intended interest judge judgment judicial justice legislation limits magistrate manner Maryland master means mode mulatto nature necessary negro never object officers opinion owner party passed peace person police positive possession prescribe present Prigg principle prohibited proof proper protect provision question reason regulation remedy removal residing respect rule secure seize servant service or labour slavery supposed Supreme Court taken territory thereof tion true Union United vested void warrant whole
Seite 33 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Seite 25 - An act respecting fugitives from justice, and persons escaping from the service of their masters...
Seite 51 - The government, then, of the United States, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Seite 130 - ... it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the state or territory from which he or she fled.
Seite 119 - It is not the mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States, It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial acts of the States...
Seite 135 - Hence its powers are expressed in general terms, leaving to the legislature, from time to time, to adopt its own means to effectuate legitimate objects, and to mould and model the exercise of its powers, as its own wisdom and the public interests should require.
Seite 114 - We have obtained a right to recover our slaves in whatever part of America they may take refuge ; which is a right we had not before. In short, considering all circumstances, we have made the best terms for the security of this species of property it was in our power to make. We would have made better, if we could ; but, on the whole, I do not think them bad.
Seite 92 - States, made in pursuance of the second section of the fourth article of the Constitution of the United States...
Seite 67 - The constitution containing a grant of powers in many instances similar to those already existing in the State governments, and some of these being of vital importance also to State authority and State legislation, it is not to be admitted that a mere grant of such powers in affirmative terms to congress, does, per »e, transfer an exclusive sovereignty on such subjects to the latter.