The daily union., 1852-04-14


Prgg came TO Pennsylvania in 1887, duly authorized
an agent by the owner Of female slave and her chill
dren TO reclaim them He went TO justice OF The peace
in York county, and obtained warrant for lbe arrest OF
the ugiivcs After he had arrested them. he brought
the slaves before the justice again for hearing The
passed in 1926 depnves me IRON exercising any other
jurisdiction IN case OF this kind than merely issuing
warrant Prigg then carried the fugitives into The
tTess
In May. 1880. he was tried in York county for The
crime OF Kidnapping and special verdict rendered setting
form the ac and by the court gave Judgment
against him on the finding OF the jury writ Of error
was taken 10 the supreme court OF this State AT the
May term OF ls4o the supreme court affirmed pro forma
The Judgment oil the court below, in order that the de-
endan might prosecute his writ OF in the Supreme
Court o the United States. Had the Judgment been re-
vesed by our supreme court, the case would not have
gone 10 the tribunal OF last resort. where the constu
tonal question could be finally determined. The case
was decided in the Supreme Court Of the United States
al the January term oil lS42.
The gentleman from Delaware Mr.. Broomalll and
the gentleman from Chester MIR. Jamesl opposed this
bill on the ground that i is Unconstitutional according
TO The decision OF the Supreme Court OF the United
States in the OF Prigg, which have already re-
ened. The gentleman from Chester is not lawyer but
he has right to his opinion well any other gentle
man on this floor They object especially to the extern
sion of the provisions OF the act of 3th December
1885, and OF It's supplement OF March g. 1884, to fugilves
from labor and The amendment of the gentleman from
Delaware Mr. Boomall proposes to strike 1t out OF the
section. The gentleman IRON Chester MIR Jamesl al
eges that would be passing supplement- 10 the fugitive
slave law 10 pass the bill as II stands Their arguments
are all predcated upon the alleged fact that the opinion
OF the court in the Prgg forbds all legislation by
the States on the subject OF reclamlng fugves from la
Dor.
am willing sir, to admit ,tat taking the opinion of
Justice Story the opinion OF the court in that case
the views OF the gentlemen correct that point but
aitm sir That Justice Story says n that opinion what
which will be readily discovered from an examination of
their several opinions They all agreed that the act Of
the legislature OF Pennsylvania was unconstitutional
tn
interrupt the right OF the master, under the constitution
and the act OF Congress- 70 recover bis slave. Justices
Story. CatTon, and Mckinley entertained the opinion that
the power Of legislation on This subject is exclusively in
Congress, without any reservation whatever Chief
Justice Taney and Justices Thompson and Daniel dis
senied at length from this view OF the case and contend
ed that the States may legslae enforce the rights and
the opinions of the other three judges Baldwin, Wayne,
and Mclean do not at all sustain, am prepared to
show, The opinion of Justice Story, which stands il is
true, on the record as the opinion OF the court
| do not wish TO weary the patience and occupy the
time OF the house BY reading long extracts from The opn
ions OF the judges in this but will ask their ndul
gence TO listen TO a few shorl extracts.
First. TO the opinions Of those who dissent decidedly
IRON the view OF Story. Catron, and Mckinley, that the
States could not legisate in armance OF the right Of the
MASTER
Taney says:
Every State law which proposes directly or indirectly
and affords no justification to the individual the officer
OF the State who under it. The right Of the
being given by the constitution Of the United Safes neither
Congress nor State legislature by any law regua-
ton impair 1t restrict il concur also in all ,ha, is
In tue opinion concerning the of Congress
project the citizens oil the savehodng States the
oymen Of this right and to provide by law etiectual
remedy TO enforce i and State is authorized pass
any law that comes n conflict in any respect with the
edy provided by Congress. Q6 Peters, 626)
Again he says:
according 10 the opinion Just delivered, the State au.
toriles prohibited from interfering for the purpose
protecting The right OF the and aiding him the
coveTy oil his property. think the States prohibit
ed and tha', the contrary, enoined upon
duty TO protect and support the owner when he is
q N fplnh
their respective terntories"
alignment, justify the construction given by the
Il words prohibiting the several States from pas
sing laws 10 enforce ls right They are la express terms
or6dden make any regulation shall impair But
hee the prohibition stops and, according the settled rules
being confined laws iniuoas the right. the power
pass laws to support and enforce Il Is necessarily i'm
ed."-(Psges b27-s)
Justice Thompson says:
This legislation, think, belongs appropriately
Congress than 70 the States for the purpose OF having the
regulation uniform throughout tho United States, the
transportation Of the slave may be through several States
but there nothing in the subject matter that renders State
TO pass laws the SUBJECT that there Is power
where given 10 compel them to do H. Neither there
sion be voluntary in both aud governed by
OF duty. But cannot in that part OF the opinion
Congress is exclusive, and that pass any law
10 carry iao effect the constitutional provision on this sub
eci, although Congress had passed no law in relation 10
iL"-O6 Peters 63i-5)
And further he says:
The constitution protects the In the right the
possession and service OF hs slave, and OF
void all State legislation imparng that right but does
make void State legislation In atiirmance OF the rgh"
page 635)
Justice Daniel says
hold them that the States can establish
which n their nature calculated the rights
Of the STAKEHOLDER guaranteed him by the constitution
shall attempt to show that those rights be so
perfectly secured when the States shal 10 good faith,
their authority assist Ia eeouatng the guarantee
given by the constitution. Fugives from SERVICE in
pting flee either to the -saveholdng States
into the Canada must in many instances, the inter
mediate States before they attain the point they aim
aI"-t ti6 Peters, $50
tMr. Is here read another extract from Justice Dan.
els opinion, pages e5e7, too long 10 be inserted,
but 10 the same point.-Reporfrl
Now, sir will refer 10 the opinions OF three OF the
judges who constituted the majority OF the court
The opinion OF Justice BALDWIN is not given al length
Ii is stated in the report l6 Peters, 636 that he
CURED with the court in reversing the Judgment OF the
supreme court Of Pennsylvania on the ground that the
act Of the legislature unconstitutional and nasmuch
as the slavery OF the person admitted, the removal
could not be kidnapping. But he dissented from the
principles laid down by the court as the grounds OF their
opinion"
Justice Wayne sets out by saying that he concurs alto
geher in the opinion OF the court has been given by
Justice Story bu, it have been with mental reser
vaon for we find n his opinion, page GA, that
he admits that the States have the right to egslae upon
the subjcct"to aid by mere ministerial acts, the proec
ton of the owners right to fugitive slavethe preven
ton Chat legislation BY the States for the preventon
Of all interference with (he owners rghD by the off
OF State, its citizens, or authority that is the
prevention by State legislation OF all interference with
such authority TO its magistrates 10 execute the law OF
Congressand such legislation over fuRives as may be
strictly OF police character"
1 need that the openiDg OF lals to