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 StatesStereotyped by L. Johnson, 1842 - 140 Seiten |
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Seite 26
... ground that the Constitution neither intends nor requires legislative regulation , the same reason must necessarily exclude the legislation of the states ; and therefore , in reference to the present case , if the Constitution effects ...
... ground that the Constitution neither intends nor requires legislative regulation , the same reason must necessarily exclude the legislation of the states ; and therefore , in reference to the present case , if the Constitution effects ...
Seite 29
... ground , till the case of Jack v . Martin came before the Court of Errors of the state of New York . And even in that case , it was a mere intimation thrown out by the Chan- cellor , but neither reasoned out , nor relied on . In every ...
... ground , till the case of Jack v . Martin came before the Court of Errors of the state of New York . And even in that case , it was a mere intimation thrown out by the Chan- cellor , but neither reasoned out , nor relied on . In every ...
Seite 45
... ground is taken , that in a free state every man is primâ facie a free man who is at large . If so , he comes under that class called " people ; " and the right of " the people " to be secure in their persons against unreasona- ble ...
... ground is taken , that in a free state every man is primâ facie a free man who is at large . If so , he comes under that class called " people ; " and the right of " the people " to be secure in their persons against unreasona- ble ...
Seite 49
... ground that Congress had no right to legislate at all ; but merely because in conflict with other parts of the instrument . This case , therefore , it is respectfully conceived , proves nothing for the plaintiff in error . In 12 Wend ...
... ground that Congress had no right to legislate at all ; but merely because in conflict with other parts of the instrument . This case , therefore , it is respectfully conceived , proves nothing for the plaintiff in error . In 12 Wend ...
Seite 53
... ground for claiming the right of legislating here . Mr. Hambly cited the Madison Papers and Debates in Conven- tion , that this matter was expected to be left to state legislation ; and that the south was not united itself upon the ...
... ground for claiming the right of legislating here . Mr. Hambly cited the Madison Papers and Debates in Conven- tion , that this matter was expected to be left to state legislation ; and that the south was not united itself upon the ...
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Häufige Begriffe und Wortgruppen
act of Congress aforesaid argument arrest authority carry certificate citizens claim claimant clause Commonwealth of Pennsylvania concurrent power conflict Constitution construction deemed delivered delivery discharge duty Edward Prigg effect enact enforce escaping execution exercise expressly fled framers fugitive from labour fugitive slaves fugitives from justice given Governor of Virginia granted gress Hunter's Lessee indictment judgment judicial power jurisdiction law or regulation legis legislature Margaret Ashmore Margaret Morgan Maryland master mode national government negro or mulatto negro woman offence officers opinion owing service owner Oyer and Terminer party peace plaintiff in error power of legislation prescribe principle prohibited proof protect provision question relative to fugitives remedy removal right of property right to legislate secure seize seizure service or labour slave or servant slaveholding slavery sovereignty special verdict statute Supreme Court territory thereof Thomas Henderson tion unconstitutional Union United vested violation void warrant Wheat York county
Beliebte Passagen
Seite 72 - Can we be said to do unto others as we would that they should do unto us if we wantonly inflict on them even the smallest pain?
Seite 48 - The constitution vests the whole judicial power of the United States in one Supreme Court, and such inferior courts as congress shall, from time to time, ordain and establish.
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 88 - Whenever the terms in which a power is granted to congress, or the nature of the power, require that it should be exercised exclusively by congress, the subject is as completely taken from the state legislatures as if they had been expressly forbidden to act on it.
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 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 irresistable 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 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...