*1 v. The Prigg, Commonwealth Plaintiff in Error, Edward f in Error. Defendant o Pennsylvania, brought of under .the Court error the Pennsylvania, tyventy- of to Supreme A writ judgment revise of the judiciary Court, act of 118?, section fifth involving and laws of the United States.' the construction case on a Constitution kidnapping," was Prigg, of for indicted, of the state a citizen Maryland, Edward having York for. Terminer of of and Pennsylvania, Court county, forcibly' Oyer negro of woman, to the state and carried taken from county, Maryland,*^ away, design being Morgan, of and Margaret held, and intention sold, with the her named of on the to a statute for passed of as a slave life, Pennsylvania, contrary disposed Prigg guilty, jury not and the of 1836. Edward March, pleaded twenty-sixth day rendered the of was Commonwealth judgment on which .verdict, a for special found Court of the the and state, removed to case was Supreme The Pennsylvania. was, forma, and Términer affirmed: and the' Court of judgment pro of Oyer the the the Court of United States; was to the constitutionality case carried the Supreme being denied of the indictment was counsel found, which by law, of-- n Prigg, for Edward had defence state undertaken of state Maryland; brought cause with Court, writ of error. Supreme and prosecuted -a and view have of both the states of Pennsylvania, sanction Maryland .Margaret Morgan for was the slave under the’ life, case settled. questions of state. Margaret a citizen In' of she Ashmore, laws Maryland, Prigg, having and from the Edward fled been state, escaped into-Pennsylvania. having agent Margaret and obtained and a Ashmore, attorney .duly appointed Margaret Morgan caused to be justice from a York warrant county, peace fugitive of the state of as a from labour, a,constable taken, before Pennsylvania, magistrate, cognisance of the ease: who to take and refused, Edward thereupon Margaret Prigg and them and her into delivered carried her children Maryland, one of more them, The children were born in than Ashmore. Pennsylvania; year Margaret Morgan had and -from after fled Maryland. escaped first section of the act it is 1826, 25th March, Assembly Pennsylvania By. that if shall force violence or and take and shall any person provided, carry away, or or negro take, fraud false or -mu- seduce away, pretence attempt carry any design selling from of'the with a and commonwealth, latto intention any part detaining negro disposing keeping of, or as a slave or for mulatto servant such, aiding abetting or for other term life, and all whatsoever, person, persons guilty shall, on conviction him, thereof, -deemed shall forfeit felony, a sum not less than five hundred more three dollars, nor than thousand pay - undergo and shall be sentenced term or servitude terms years, exceeding less ñor con- than.seven shall years, twenty-pne years; fined at' hard Other iabour, are contained in kept , act; dec. provisions it was carrying as declared to aid into passed 1826, effect -the title, and laws to.fugitives' Constitution of the United relating States, labour; jtate on the legislature, application commissioners from the, Maryland,

539' SUPREME COURT. Commonwealth of Pennsylvania.] to meet the wishes of the with a view subject supposed Maryland good but it hád failed to slaves; effects intended. produce the Court: By when we will, found, look the character of the probably, Constitution of objects itself, United States which it seeks to attain, which it *2 powers confers, enjoins, rights the duties which it and the which it as as to secures; well the known of fact that its were matters of historical of opposing many provisions compromise and no of uniform rule can be interests opinions; interpretation which applied, even if it not does not allow; demand, modifications in its positively may many actual to clauses." the safest rule of after particular will Perhaps all, application interpretation, to objects to be look to the nature and of the be found duties, and particular powers, light rights, give of with all and aids and to the words contemporary history; to just legitimate meaning, of each and consistent with their force, as operation and ends attain the proposed. may fairly'secure object of known, well that the in the is clause Constitution of It historically (cid:127) owing relating to States, United service and labour in one escaping state persons slaveholding was to secure to the citizens states, into of states the com- right and title of slaves, in their as in state in the ownership property, plete every might Union, into which from the state where were held in servi- escape they recognition right tude. The of this was title, full and indispensable security slaveholding of in all the this of and indeed was so states; vital to property species of their interests and that it cannot be institutions, domestic doubted preservation of without the which the Union that it constituted a fundamental article, adoption against design guard to the doctrines not have been Its and could true formed. non-slaveholding preventing them from inter- prevailing states, in the principles meddling obstructing abolishing rights or of the owners of slaves. with or recognise general of no is bound to the state of law nation nations, slavery By foreign when it is its own slaves within territorial dominions, opposed policy recognised. where is subjects of in favour of the other nations If institutions, slavery right. matter of international is of and hot as a The does it. it as a matter it comity, state, regulation; be mere of is deemed to a founded municipal upon, slavery range of the laws. limited to the territorial relating fugitives of the United from in the. Constitution States, labour, clause The right, existence of a on positive, unqualified part contemplates manifestly regulation which no state law or can in slave, owner any way qualify, regulation, regulate, or restrain. state law or which control, limits, Any interrupts, rights of the owner to the immediate command or his service postpones delays, discharge of the slave therefrom. The can labour, tanto, or pro question operates, discharged discharged from but whether he is from, how much he is never be, any, regulations. or laws, the.state state The or the natural necessary operation controlling withholding degree, or the inci- one of or is not question quantity right. of a dents positive take him in a state to fugitive to seize slave has the same owner The which he from that he had in the state fled, escaped: or he has escaped acknowledged right to seizure or universally it well known that recapture slightest in hold- hesitation slaveholding The Court not have in all the states. slave is clothed with owner of the ing, the Constitution, that under and virtue TERM, v. The Commonwealth seize his Union, slave; state of the wherever authority recapture every illegal he can do or violence. In'this sense, without breach peace, to this be said to extent, itself, this clause Constitution execute may properly legislation, and to no state aid national. require rights Constitution not at a mere does annunciation of the owner to stop fugitive absconding seize slave, in the to which he If it fled. had Have so, done left the owner of with- cases, the slave, would many utterly out redress. adequate fugitive declares that Constitution slave shall be on delivered claim of the up to whom service labour exceedingly due. if party difficult, may.be im- language, to read this and not to feel practicable, that it some further contemplated might remedial redress than that which be administered at the hand the owner himself. “A claim” is be made. . “A just right, juridical is a claim,” demand some sense, matter made one to do thing, another or to forbear to person do some act or as a matter of duty. It cannot well be doubted, the Constitution requires delivery claim master: and the'natural inference that the is, national certainly government Is clothed with the functions it. enforce appropriate authority The fundamental sort be, all'cases would seem to principle applicable given where the end is the means are ; and where the is enjoined, the required, duty *3 to it is on to exist the of perform the functionaries to ability whom contemplated part it is intrusted. relating fugitive The clause to slaves is found in the national Constitution, and not in might that state. well be of deemed an unconstitutional of exercise the power of to insist that the states are bound to interpretation, means to into provide carry government; effect the duties delegated of the national nowhere or intrusted to them the Constitution. On the the by if not the contrary, natural, conclusion necessary g that in the of is, the national absence all vernment, to the con- positive provisions through legislative', is own judi- bound, executive, trary, {¡roper departments, right as case the into effect all and duties the to ciary, may require, carry imposed the it Constitution. upon by “ fugitive arising a is a A claim- to slave a in case the under Constitution controversy delegation given of under the judicial the United States,” of express power by Congress, the call that into for then, instrument. may activity, very power purpose right; giving of effect if it the mode extent so, and then and may prescribe proceedings to it shall be and how and under what circumstances the which applied; guaranty right. a and of shall afford the protection complete Congress of the sections of on the 1793, of 12th The February, provisions fugitive fugitives to cover both justice, as well relative from subject slaves, Con- remedies, not because exhaust the which subjects; may applied they by gress shall be in rights, found, if the not to attain to enforce provisions practice, attaining but because out all the modes of objects the Constitution: they point Congress If this is those have as deemed and objects which yet expedient proper. legislation just that the of Con- it would seem so, construction, principles upon gress, legislation subject; same state must constitutional, if supersede upon Congress and For if have a it. constitutional by necessary implication prohibit power given regulate regulate manner, in subject, and do it particular they actually Z XVI.—2 Yol. 542 COURT. SUPREME The v. ot Commonwealth legislatures it cannot be a certain that the' state right form; and in have a to interfere. recognised Was in the. case of v. This doctrine Houston Wheat. fully Moore, Rep. (cid:127) Congress 22. subject, Where exclusive over á it is not 1,21, power competent legislation Congress to add to the subject. state on that provisions on which were have, occasions, various and powers exercised necessary proper, rights given, enjoined as means to into and. effect expressly expressly duties cany by being just The end Constitution. deemed and has-been required, necessary given are the means to in other also; or, words, that accomplish implication, n as a means the ends. flows necessary accomplish Congress relating fugitives the act of has labour, been The constitutionality state and adjudications tribunals, those Courts affirmed 'by pf of- the law were one doubt- If States. question constitutionality United long in such construction, it, it; acquiescence fu! contemporaneous expositions recognitions, judgment in uniform would, Court, such extensive and and - Congress, considered at and judiciary, exécutive, to be rest. entitle question this as a acted doctrine. occasions, various sound reasonable have, upon 304; I Martin «. Wheat. Cohens Hunter, «. Laird, .Cranch, Stuart «. 299; Cited, Virginia, 6 264. Wheat. The Commonwealth fugitive slaves, of the act 12th relative 1793, The February, clearly provisions leading with the and, indeed, all its exception constitutional-in provisions; state",magistrates; is free from reasonable doubt or confers authority part magistrates, a- conferred on state while difference so As to authority difficulty. ' magis- whether state on this in different'states', exist exists, point of-opinion magis- that state Court, is entertained trates are bound act under none it, legisla- unless state if choose, exercise authority, prohibited trates, may, tion. legislation fugitives from labour, .exclusive national relation The power Sturgis legislature. 122, 4 Wheat. Cited, Crowninshield, to deliver them right and the what- slaves, and retake duty up, seize recognised Union Constitution an found, ever-state of the they may right pervading the whole Union with an absolute su- positive duty, equal legislation. sovereignty, and uncontrollable state uncontrolled force, preme throughout and uniform are coextensive remedy operation duty justice, has the same and the same remedial Union. The owner the whole security, regulations through however control, from state and the same many exemption fugitive slave in his to his transitu, states he with the domi- possession, may pass cile. *4 manner doubt to unaerstood, whatever, no to be The Court are means general belonging to the in virtue of sove- states, .their interfere with the police power subjects within the limits of reignty. territorial the extends-over That police power distinguish- States. It is United wholly and has never been cohceded to states, the relating to of the Constitution able from the secured duty provision . and' fugitive Constitution, from which is derived obtains slaves; exclusively therefrom. whole efficiency general in virtueof their states, Court no that the whatsoever, The entertain doubt police remove slaves, jurisdiction full to arrest and restrain possess run-away power, against themselves their them to secure borders, from their and otherwise depredations, TERM, .1842. [Pligg The Commonwealth of t>. vagabonds, idlers, do in cases of ás certainly and evil paupers. example, rights just owners of are in no slaves, of the sense with or interfered regulated and in cases course; such a they may promoted exercise many by1 regulations of the Such can never be to interfere with or permitted police power.. rights of the owner to reclaim his slave just derived from the obstruct Constitu tion of the remedies States,'or the United to aid and with by. prescribed same. enforce the legislature against

The act of the which the indictment Edward Pennsylvania upon Prigg is is unconstitutional and void. founded, purports punish a-,public seizing against removing a offence slave state, very by master, designed justify which the Constitution of Was United States uphold. IN error Court Pennsylvania. Supreme .of with Nathan S. error, Bemis, defendant Edward Prigg, were, Jacob indicted Forward,and Lewis, Jr., Grand Stephen Yo'rk on the that, for .first Jury county, Pennsylvania, day 1837, a certain woman named April, negro Margaret with Morgan, assault, forcé made and with qnd violence.they an. force and violence did take and her carry feloniously away York, within the Commonwealth of Pennsylvania, couqty state of intention there Maryland, design and sell and as and for a dispose Morgan, said Margaret slave and servant for life. defendants, been having

Edward one Prigg, arraigned, pleaded guilty. .of'Quarter cause was Court tried Sessions of before

T.he York on county, 1839; the 22d day May, found jury the following verdict: special “ Assembly That at General Common- session holden at city wealth of Pennsylvania, Philadelphia, March,. 1780, the law was following first day passed to wit: An act for the abolition of gradual enacted, slavery: III. All as well and mulattoes as negroes others, 1. Sec. persons state, shall not be deemed who'shall be born within this and con- slaves; and all servitude life, life, as servants for sidered slavery mothers, of children in their consequence slavery , of all children born from and iri after case within as.aforesaid, is, shall be and this act passing hereby utterly forever extinguished, taken abolished. away, .and Sec. IV. -and mulatto always, every negro Provided .that *5 COURT. SUPREME 544 [Pfigg Commonwealth Pennsylvania. within this state after thé this act

child born as passing afore- would, made, in case this had not been said, have been (who or be life, servant for or a shall deemed be, born a slave,) years, be, virtue of this act, shall the servant of such or by persons, and her or who in such case have been assigns, wpuld his entitled to case he like relief in or she shall be treated evilly nr her master or and- to like freedom and mistress, dues, other privileges, for four are or as. servants bound indenture years unless to whom' service of entitled-; such person any her child shall abandon his or to the belong, same; shall .claim which case the overseers of the or poor city, township, where such shall so abandoned, district child shall respectively, an abandoned, so as every indenture bind out child apprentice, limited for the for time not herein before exceeding age service of- such children.

3. Sec. V. owner 'who is or shall be the Every person any or or negro life, age mulatto’slave or till of thirty- servants shall, one now this or on years, state, within his lawful attorney, next, the first deliver or before of November cause T day or county, writing peace clerk delivered the clerk of the Court of Sessions of the city Philadelphia, or she which he shall the name inhabit, and sur-- respectively owner, such name name occupation profession wherein he district or ward or she county township, also the name names of such slave and resideth; any slaves, life, and servant and servants for or till the age of thirty- state, within this who shall be said first one such years, next, from all persons; particu- of November day the said of the sessions clerk of city lars said clerk shall for that .purpose by to be court, provided be entered in'books shall within or mulatto now and no clerks; negro said a slave be deemed November, first after the said day from and unless his or thirty-one life, age years, or till the or servant for records, except on such name shall be entered aforesaid her are hereinafter servants slaves and negro or mulatto two dollars for to be entitled to fee clerk said excepted; aforesaid, treasury entered as each or. slave servant so his accounts. be allowed him county, in whom always, VI. Provided Sec. person TERM, 1842. [Prigg v. The Commonwealth mulatto, negro shall to the service or right

ownership act, other than such as are .here- at passing vested executors, heirs, administrators, his or her excepted, inbefore *6 shall be them,' severally and of liable to the every and assigns, or district to which township, poor city, Overseers shall become for such chargeable, or mulatto negro such any thereon, suit as with costs of such overseers necessary expense, the owner, master, or mis- to, neglect through be put may - or mulatto, such the name and notwithstanding negro tress or mulatto shall such not be negro entered descriptions as or her aforesaid, unless his or shall, and recorded owiier master such slave or obtain his or her servant twenty-eighth before year, a county, execute and record in the deed or instrument proper or her slave servant his freedom. such or securing sentence Sec. VIII. In all cases wherein of death shall be 6. before whom he or she shall against slave, jury pronounced slave; the value and shall declare tried, be and such appraise the court shall make an order executed, such sentence in case same, the owner for treasurer, for on payable the. case remission or the costs of but in prosecution; mitigation, the costs only. for " Sec. IX. taking up 7. reward for and abscond- runaway servants, aid mulatto slaves and and the for negro ing penalties with, or or dealing harbouring, enticing away, concealing employ- servants, same, slaves and shall negro mulatto ing as manner, be recovered in case shall of servants bound like four years. for w,ornan, colour, Sec. X. No man nation of any

8. except shall be registered and mulattoes- who as aforesaid, the negroes time be deemed adjudged holden, shall at hereafter within any Commonwealth, as of this slaves or servants for territories free-women; the domestic slaves except as free-men and life, but from the other American delegates in'Congress attending upon consuls, states, persons through ministers and passing foreign therein, not state, becoming in this resident or sojourning of this belonging inhabitant employed any ships .seamen inhabitant; state, owned by nor such employed any ship shall such slaves not be or sold domestic alienated provided, inhabitant, Congress, nor case members (except 2 z 2 COURT. SUPREME The Commonwealth of ministers retained in this state than

foreign consuls) longer (cid:127) six months. Sec. XI. 25th March, 9. (Repealed 1826.) made to Sec. And whereas evade may attempts XII. and mulattoes act, into this state bound by introducing negroes serye terms years,' covenant to and unreasonable long Therefore, if' the same be not prevented: servitude or of personal appren- Sec. XIII. No covenant or mu- negro be vaíid whatsoever, binding shall ticeship such servant unless latto for a than seven years,, time longer such servitude or were, at the commencement apprentice .in under the of twenty-one years; apprenticeship, age or ap- case servant or mulatto beholden negro case shall covenant, prentice, according respectively, years, until he or be, twenty-eight she shall attain age no longer. *7 not shall herein contained

Sec. XIV. this act or any thing That or runaway negro absconding'or relief or shelter to give any shall or himself mulatto absconded servant, slave or who'has mistress, or owner, master from his or her abscond h'imself owner, master such other state or residing country; claim, and demand, and aid. mistress shall have like right or to. had in case this have servant, his slave or as might away take slaves and mulatto that all made; negro not been act had who have states, in other owned and heretofore resident now or who themsélves or absconded been carried clandestinely away, or ábsconded seamen, be abroad as not employed may before masters, or mistresses owners, back their brought been as act, five be registered of this within years the passing are not as those who concerning is ordered this act effectually two state, justices within this on before any such slave producing of due proof of the said peace, satisfying justices of such or absence residence, running away, .former absconding, said aforesaid, slaves as and order who shall direct thereupon to be entered on the as aforesaid.” record slaves . the Gene- of And a session further that at jurors found, at holden ral Assembly Pennsylvania, Commonwealth 1788, the March., city on the Philadelphia, day 29th TERM, 1842. Commonwealth to. “An act enacted, explain law was passed following- ” of slavery.’ abolition gradual for and amend'‘An act ill- I, evils and abuses arising from For preventing many “Sec. themselves, certain, defects in disposed persons availing the first day passed abolition slavery, the gradual hundred and our one thousand'seven March, Lord year be it eighty, enactéd: in the tenth section of the act

Sec. II. The contained exception and eighty, of the first of one thousand seven hundred March, slaves, relative to attending upon domestic persons passing through therein, or shall state, in this and not sojourning becoming resident or to the slaves of such be deemed taken extend persons here state, who shall come are of or resident in this or inhabitants with slave reside; an intention to settle and but all or every inhabiting slaves who shall into brought by persons be or therein, or reside shall therein, inhabit or residing intending be free, considered, deemed, and taken -immediately intents and purposes.

Sec. No slave, III. or mulatto servant for term of or negro years] the last of the tenth section (except exception state, said with the out of this act, shall be removed mepted,) design and intention that the or residence of such place abode slave or servant altered or with changed, shall or thereby servant, or if a female and design and slave such intention #that till this state shall be detained her pregnant, out kept of the child of which she is shall pregnant, delivery shall be brought slave or servant and intention design six months from the state, into this after again expiration first having time of such been into slave or servant brought state, consent, without his her if of full age, testified *8 before two of of private examination, justices peace city or reside, in which he or she shall or county being rage of consent, without or her in years his testified man- twenty-one ner aforesaid, his or and also without the consent of her parents, if such any there-be, to be aforesaid, testified like manner where- of the said them, record, or one make a justices, of shall and deliver to said slave or theréof, servant copy containing the. name, age, condition,, and the of abode slave of such or place servant, the reason removal, of such and the which place SUPREME COURT. of Commonwealth and or

or she is about go; any person persons if whatsoever sell or of such slave or servant shall dispose any any person or shall send or or cause to state, out of be carry, sent or carried, or out state, any such slave servant for any of the slave or such servant aforesaid, would purposes whereby lose the laws benefits and which ot mis by those privileges are shall not have' her, to him or and obtained all secured such con- testified the manner sent-as this act is before required, men- and and their tioned, such 'aiders persons, and every person forfeit, and for shall such abettors, severally pay, every offence, to be recovered in the sum Court of pounds, of seventy-five or. record, debt, bill, information, an action of at plaint, who one same; will sue for moiety suit of any person there- use of the recovered, when for the of, plaintiff, moiety or the use of the which towriship, place poor city, or servant be'taken and removed. such slave shall are, be, who now or hereafter shall Sec. IV. pos- All persons March, born the first children, day after child or sessed who would the said and eighty, thousand seven hundred one shall age twenty-eight years; to serve till act be liable one thousand seven hundred and the first day April, or before next after the birth such six months of any or within eighty-nine, clerk delivered, in writing or cause deliver, child, the Court of Record clerk or county, the place shall respectively-ihhabit, in which they Philadelphia, the city such pos- sur-name, and occupation profession name, ward or' in which district, county, township, and sessor, know- best of his or her also reside, age, (to child, children,under such pain sex of every name and ledge,) title to every losing forfeiting and penalty them, becom- him, her, or children, immediately and of child shall be verified or account free, writing which said return ing. said are clerks party, the oath or affirmation administer, and required authorized respectively hereby thereof, records copies and preserve clerks shall make the said- all Courts of jus- evidence which shall good and extracts office,for which seals of under their tice, when certified hands shall said clerks extract, <5n affirmation, and entry' oath more, and no six pence, to one shilling entitled respective^ *9 TERM, The Commonwealth Pennsylvania.] shall so as aforesaid make such her, or who himby be paid aforesaid. the extract dr demand entry, house, to this that vessels it has been whereas represented

And for the iniquitous in .this port, out and been fitted equipped the natives of Africa and transporting of receiving purpose and it is and just are held in bondage, proper where they places in such future: proceedings possible, as-far discourage, build, fit, shall man, or equip, V. If any person persons Sec. vessel, or within otherwise such any ship any port or prepare, cause or other vessel to sail state, or shall from any any ship on a state, of this for the trade or traffic port purpose carrying Africa, America, slaves, to, from, Asia, or between or Europe, or slaves to whatsoever, or countries or of any transporting place or one or another, from or place any part parts port vessel, taekle, furniture, such or her and world, ship apparel, commonwealth, shall be other forfeited to appurtenances, officer of the liable -to be seized and by any be prosecuted shall other, in the vene, Supreme or information customs, person, by Court of Pleas for County county Common. Court or shall be made: such seizure whereupon proceed- wherein as in had, both unto and after judgment, shall ings commonwealth in case of seizure of this is directed. laws impost so all and moreover, every person persons building, And or or otherwise send- preparing out, manning, equipping, fitting or that the vessel, or same knowing intending away'any ship ing business, or to the true contrary in such trade shall employed or in wise or act, of this aiding and meaning abetting intent forfeit and the sum of one therein,'Shall thousand severally pay commonwealth, thereof to the use of one moiety pounds, him or her who will thereof the use of sue .to moiety or action, debt, bill, information. same, plaint, which is too whereas often practice separating, And and mistresses negro the masters mulatto exercised husbands and for term of years, separating or servants slaves, checked, to be so children, far as wives, requires and parents to such or masters mis- be done without prejudice the same may- tresses : VI, or mulatto slave any negro,

Sec. If owner possessor or term shall, or servant servants for slaves, years, or SUPREME COURT.' [Prigg v. pommonwealth n next, day.of July remove, the first cause to separate after removed, wife, husband from or wife from her separated *10 her a from his or or a from husband, parents, child, child patent aforesaid, or either of the to a distance descriptions greater or any miles, ten and intention of design changing than abode of such or or wife, or of husband parent habitation place such child be with- child, unless shall above of four age years, shall-', slave or consent of such servant for life or years out .the obtained and have been testified in the manner hereinbefore de- scribed, such or shall forfeit and person persons severally pay suit, offence, sum of with costs of such fifty for pounds, every action, information, be recovered or debt, bill, plaint, Court Pleas, or in Court at the suit of Supreme any of Common the same, who will sue for one any. person thereof,.when moiety use, recovered, for the the other for plaintiffs, moiety use of the or from which said poor city, township, place, husband or wife, child, or shall been taken and re- parent moved.” YII. March, 1820, March, 27th and 25th

(Sec. Repealed 1826.) found, jurors And the further that at session of the General of the Commonwealth of Assembly Pennsylvania, holden. at Har- on the-25th risburg, day March, 1826, the law following “ act to An effect to the give passed, provisions Constitution the United-States relative to from fugitives labour, for the pro- colour, tection of free and to people prevent kidnapping.” “Sec. I. If or shall any person persons and after the pass- act, and violence, force take ing and carry away, or cause to be taken or carried and shall away, by fraud or false be seduce, seduced, or cause to or pretence, shall so to attempt take, or seduce or carry away, any negro mulatto from any part' commonwealth, or of this parts other any or place places, out whatsoever, commonwealth, with a inten- design tion of, or of selling disposing sold, or causing keeping and or detaining, causing detained, kept such negro mulatto, life, or as' or a slave or servant for for any term whatsoever, or his or every persons, their' person, aiders or abettors, shall thereof, on conviction Court of this commonwealth be deemed having competent jurisdiction, guilty of a felony, and shall forfeit at the aird discretion of the pay Court TERM, 1842. Commonwealth v. The hundred, a sum not less than five sentence, nor more passing one-half thereof shall dollars, one thousand than paid who the same; or shall for and the person persons prosecute to this shall commonwealth; half and moreover be sentenced to ,or servitude term terms not less undergo than seven nor and' shall years, exceeding twenty-one years, be confined and hard fed and clothed in the labour, manner as kept is.directed, laws of this penal commonwealth, for persons convicted of robbery.

S'ec. II. shall any person persons If hereafter, knowingly 01; sell, transfer, or assign, shall knowingly purchase, take, or transfer assignment any negro mulatto, for the purpose of- fraudulently removing, exporting, said carrying negro or mulatto out of this with the state, or intent design fraud or false him or her a slave or pretence's making servant for life, *11 or term whatsoever, for so any every person offending be shall aof and guilty thereof, deemed felony, conviction shall forfeit and a fine pay less than five dollars, hundred nor more than two dollars, thousand one-half whereof shall be paid who shall same, or for the and the prosecute person persons the commonwealth; half to and moreover shall be sentenced at the Court to the discretion of a servitude for undergo term or any not less time seven nor years, exceeding twenty-one years, than and shall confined, labour, hard fed and in the kept clothed manner same as is directed laws of this common- penal wealth for convicted robbery. persons Seq. held to or III. When a labour servitude in any person thereof, of the territories under the States, the United or in either thereof, commonwealth, into this the person laws shall escape his authorized due, or her duly whom such labour or service is authorized to or in writing, héreby constituted agent attorney, who on alderman, or of -the-peace, to any judge, justice apply of such the oath or affirmation such application, supported aforesaid, or as agent attorney, authorized claimant or or from service, his or her from escaped said fugitive'hath or agent constituted whom' he duly service person seal, and his shall hand issue warrant attorney, or city directed constable of sheriff,' proper or the. constable, sheriff, said or county, authorizing empowering COURT. SUPREME [Prigg The Commonwealth named in said shall be who the said fugitive, arrest and seize a judge proper before said bring and to warrant, of. toor the follow- in the form shall be said warrant county, effect : ing

“ ss. Pennsylvania,-county, or State to the sheriff or Pennsylvania

The Commonwealth of-county, greeting. constable oath, or solemn affirmation of- Whereas, appears or service that--, was held labour -, in the of-, ----, of-county, labour service of escaped said--hath said----, are therefore commanded arrest you the said he be seize the —*--if body found before the him forthwith county, bring person issuing your warrant, a if if or judge (or justice peace alderman) of the Court Pleas, before of Common or of the judge District be, the case Court, as may your recorder of proper county, the truth so that of the matter into, city, may inquired said--be dealt with' the constitution of the and the laws States, United Commonwealth direct. . our said judge ¿Merman, Witness (or justice, the 'case 'this-day of-, at of our may be) year Lord hundred one thousand and-. eight such warrant the virtue of.

By named therein person sheriff, or proper arrested constable to whom same delivered, within the shall be proper city county.

Sec. IV. No judge, justice or alderman shall peace, a Warrant on *12 issue the of or application agent any attorney in the said section, unless the said or provided agent third attorney shall, addition to oath, affirmation, his own or the produce of the the of taken before and fugitive, affidavit claimant certified a- of the justice or other authorized to peace admi- magistrate in the state nister or in which such claimant shall territory oaths reside, and the certificate- of the accompanied authority such or other justice oaths, to administer magistrate signed by the or clerk and the seal of a court authenticated prothonotary, record, the such or shall state which affidavit territory, TERM, v. The Commonwealth the and also title to the service of fugitive; such said claimant’s name, the such description person.of fugitive. age, It shall be the of the Sec. V-.. justice duty judge, peace, . any. op he alderman, when or the. grants under any issues warrant record, section of to act, a fair provisions third make the. enter, sanie, in the on his'docket of the which he name shall -on of residence of the whose oath or the place person affirmation bemay granted; shall,have said warrant and also if an affidavit section produced provisions been fourth act, the name and of residence of the plaee person.making affidavit, such of the age description person in such within ten affidavit, shall, contained fugitive alleged thereafter, file certified thereof days copy office Quarter or peace, clerk of Court of Sessions General jus- Court or city any judge, Mayor’s proper countyand alderman, to who shall or com- peace neglect tice ot refuse section, With the of this be deemed guilty of provisions ply shall shall, thereof, conviction be sen- office,and misdemeanor Court, to at the of the. sum any tenced discretion exceed- pay, not dollars, to the for party prosecuting one thousand one-half ing And the commonwealth. any half same, warrant,- the said executing constable, or receiving sheriff arrested before delay, carry person unnecessary shall without warrant. And to the exigency according judge, to do, so neglect shall wilfully who or sheriff or constablé refuse conviction, at the-discretion thereof, pay, be sentenced shall, on dollars, hundred one- five exceeding sum not Court, half to the other same, and half the party prosecuting to imprisonment, be sentenced or commonwealth, shall also or both. exceeding six labour, months, at hard for a time service, or when so labour front Sec. VI. The said fugitive aforesaid, and upon arrested, judge shall before brought so seized the person judge such proof satisfaction of state or from territory, laws of arrested, doth under labour, claim- person service from which she or he fled a certi- judge such give duty him or her, it ing shall agerit her authorized duly his or claimant, ficate thereof removing warrant for sufficient which attorney, shall she or fled: territory the state or said A XVI.—3 Vox.. *13 SUPREME COURT.

TPrigg v. The Commonwealth Provided, That the oath of owners, the owner or or other person interested, shall in no case be- received evidence before the on the judge hearing of case. VII.

Sec, When the fugitive shall be before brought the judge, this, to the act, agreeably provisions and either party allege to the prove satisfaction the said that he or judge she is not for prepared trial, and have material to testimony the matter can be obtained in reasonable Controversy time, it shall bemay lawful, unless securuy to said judge satisfactory be for tbe given of the said on certain appearance fugitive, day to commit the said to the common for safe fugitive jail keeping, owner, there to be detained at the of the or attor- expense agent, for such time shall ney think reasonable judge just, n certain, and to a when the said day shall be brought before him habeas in the courthouse of the corpus proper or in term time at county, of the chamber said for final judge, hearing That if the adjudication:’ Provided, adjournment claimant, be his or requested hearing agent attorney, shall be adjournment unless said granted claimant, or shall attorney, give security satisfactory agent judge his claim on the which the prosecute hear- appear day shall : That ing adjourned Provided, on last men- hearing tioned, judge if said or 'committing taking fugitive, aforesaid, absent, sick, should be otherwise security unable attend, shall of either duty on judges, attend the said notice decide given, hearing,-and thereon. VIII. The officer which or shall Sec. employed of the duties of this act shall be execution allowed same fees this,commonwealth'are service ot within process for sheriffs for allowed in criminal serving now cases. two process dollars cents each and per day fifty every day necessarily spent act, duties .in on enjoined them this performing be paid owner, or' 'by agent, attorney, on the immediately perform- ance duties.aforesaid. Sec. IX. No alderman of ’the of this justice common- peace n

wealth shall take jurisdiction cognisance case any fugitive from labour from States or United territories under a of-.Congress, passed certain] the tenth one day February, .hundred and seven ninety-three. thousand TERM, 1842.

[Prigg v. The Commonwealth Pennsylvania.} *14 from and fugitives justice, “An act respecting entitled persons of their shall al- from the mastersnor any escaping service or of this issue of justice peace or derman commonwealth warrant of removal of such fugitive certificate any or grant any in manner and to effect aforesaid, except pro- from labour as act, affidavit, third section of this application, vided the said whatsoever, of or any persons or testimony person law, or act of the or under any authority, act of Congress, and if or States; justice of the United alderman any shall, the- of this commonwealth contrary pro- of peace or of the case of act, jurisdiction of this take cognisance visions aforesaid, in the manner hereinbefore except such any fugitive or- warrant of or or issue certificate any shall provided, grant aforesaid, be deemed and in either case he shall then, removal- there- office, shall, on and conviction of a misdemeanor guilty Court any at the discretion of the sum of, be sentenced pay thousand less than one dollars, exceeding -five hundred nor same, half thereof, or dollars, party prosecuting for. the other half to the of the and use commonwealth. shall of the or of

Sec. X. It be the recorder duty judge or issues in -this when he grants Court of -Record commonwealth of or mulatto certificate or warrant removal of any negro to be from to the state or claimed from territory labour fled, in of an act of he or she pursuance Congress passed one thousand seven hundred twelfth day February, act entitled “An from respecting fugitives justice ninety-three, masters,” the service their escaping and persons same, in which he shall record of enter act make fair name, sex, general description person the age, shall such certificate grant or' mulatto whom he or negro for with the evidence and the name removal, warrant together witnesses, and the party claiming the places .residence ten thereafter days or shall within file mulatto, negro clerk of the Court of the office of thereof in- certified copy Quarter or Court Peace, Mayor’s General Sessions of reside. city may' in which county as a shall be construed Sec. act contained XI. in this Nothing an-act of assembly passed-the alteration repeal of-any part , seven hundred and Mar-ch, eighty, thousand one day first SUPREME COURT. [Prigg v. The Commonwealth of Pennsylvania.] act entitled “An for abolition gradual of slavery,” except eleventh section of said act, which is hereby repealed and sup- nor of any of an plied, part assembly passed twenty- day March, one thousand eighth seven hundred and eighty- entitled “An eight, explain an act amend for the act. abolition of gradual slavery,” except seventh section of this last act, mentioned which is hereby supplied repealed.” found,

And further jurors woman, negro Margaret in the within Morgan, indictment mentioned, came into the state from the state Pennsylvania, some Maryland, time in the eighteen hundred and year that at thirty-two; that time, and for a long before that period time, she awas slave life, held to labour, and service owing for, under, labour according *15 the laws of the said state of one of the Maryland, States, United to a certain Margaret Ashmore, a citizen the state of Maryland, in Hartford residing and county, that the said woman, negro and Margaret from the state Morgan, escaped fled of Maryland Avithout the and knowledge consent of the Margaret said Ash- more; that in the month of hundred and February, eighteen defendant, the Edward thirty-seven, Avithinnamed Prigg, and constituted and duly legally said appointed by Margaret her Ashmore, to seize arrest the- agent attorney, and said negro Avoman, Margaret labour, as from and to Morgan, re move, take, and this state into the carry her from state of Mary land, and there deliver her to the said Margaret Ashmore; that such agent afterwards, said Edward attorney Prigg as and in the same month of hundred and eighteen February, thirty- seven, then Henderson, Esquire, before a certain Thomas being York, of the in this peace county state, and for justice woman, Morgan, Margaret oath that said negro made had and the state of service or Maryland, fled from escaped owing life, thereof, under the laws labour for the said Ash- Margaret ; Henderson, justice more that the said Thomas being so warrant, as aforesaid, issued his directed'to peace thereupon one William then there M'Cleary, regularly and being appointed constable in and to take the commanding for York him county, and woman, her'children, negro said and Morgan, bring Margaret Henderson, before said some justice them Thomas M'Cleary, for said said obedience peace county; TERM, 1842. v. Commonwealth of and accordingly take warrant, did apprehend said to said children, and her woman, Morgan, Margaret York negro did her and them before bring and aforesaid, said county that the said Henderson Henderson; refused thereupon Thomas said case, and that the said cognisance'of to take further Prigg afterwards, complying provisions and without of the Commonwealth Assembly Penn of the General said March, 1826, entitled 25th “An act passed sylvania, of the Constitution of the United effect provisions give for the labour, from protection free fugitives relative to States take, remove, did colour, prevent kidnapping,” people woman, said negro Margaret away Morgan, carry in said warrant, out of this state into the children, her mentioned there did deliver the said woman and Maryland, state of of the said custody possession Margaret into the children Ashmore. so taken, removed, one of said

And further children say, in this than was born state more after year carried one away, woman, Margaret said had fled and negro escaped Morgan, state of Maryland aforesaid. or not upon, But whether whole matter aforesaid, by . aforesaid, aforesaid in found, form the said Edward Prigg jurors and form he stands indicted the jurors in manner be guilty therefore are advice ignorant, pray altogether aforesaid the whole shall Court, and matter aforesaid if, upon seem the said Prigg guilty, the said Court that Edward then thai the aforesaid, aforesaid, their oaths said say Ed- jurors *16 as he in manner and form stands indicted. ward Prigg guilty aforesaid, whole matter it"shall But if .seem to upon Edward Court, is not then tne Prigg guilty, said said aforesaid, their oaths aforesaid, that the jurors upon say said is not form as Prigg guilty Edward manner and he stands inaicted.” Messrs., special was,

"This under an verdict between agreement Nelson, Meredith and Prigg, counsel for Edward and Mr. Johnson, taken tne Pennsylvania, under attorney-general of Assembly an act of the provisions Pennsylvania, passed of May, 22d 1839; gave judg the .Court by agreement,

a 3 COURT. SUPREME

558. [Prigg Commonwealth of The on. the the' jury and Ending Edward. Prigg, merit against indictment. to the error Court Supreme defendant writ prosecuted

The On the 23d term, 1840. May, 1840, May of Pennsylvania Court, Mr. Mere- before errors Were assigned following Nelson, state of dith, who Maryland, and Mr. represented well as the defendant. to the Court here,

The in error plaintiff suggests Supreme. rendered in the Court of Terminer of judgment Oyer York in this should be for case, reversed the reason fol- county viz.: That the act lowing, Commonwealth of Asseiribly set out in thé record in the said Pennsylvania, cause, is repugnant to the of' the Constitution the United and is provisions States, therefore void. affirmed, forma, Court Supreme pro judgment defendant,

Court and the Edward Terminer; Prigg, of Oyer writ of error. prosecuted error, Mr. Mere- was argued, the-plaintiff

The case in the case for Nelson, dith authority appear and Mr. Johnson, Mr. attorney- Maryland; the state Mr. for the Common- Hambly, general Pennsylvania, of. wealth. of Pennsylvania. counsel, with the that. exception arguments received, been Nelson, them, which has not been by

of Mr. furnished reporter. respectively, in error contended: The counsel for plaintiff law of which the That the indictment of Pennsylvania, founded, unconstitutional, defendant has the 1. exclusive power legislation Because said constitutional subject-matter provision, the 12th has been exercised February, power still the concurrent exclusive, 2. That if this is not power- exercise the actual suspended by of the state legislatures federal power. of Pennsylvania, still the in. statute

3. That if not suspended, direct is in collision with case, all its applicable provisions void. therefore unconstitutional and is act of Congress; *17 TERM, v. Commonwealth of Pennsylvania.! Mr., state of in. Meredith, for'the behalf Maryland; interposing error; adverted to the legis- special plaintiff 1839, as the 22d of result May, of Pennsylvania, lature between that state and Maryland, object of a negotiation the authoritative decision of the settle, which was Supreme of state over that Union, Court of power legislation, pro- thé States, of the Constitution of United which vision relates to stated the slaves. He then facts of the briefly particu- verdict; to the case, special referring lar found of the 12th of the act of Congress February, 1793, provisions escaping from the fugitives justice, persons respecting to the several sections of the masters, of their Penn- service March, 1826, law 25th which had given rise sylvania states, remarked, the two he to the between controversy of this law entirely upon validity depended constitutionality of the act of If that act was constitutionally passed, Congress. he it was immaterial to whether argued wholly inquire in the exercise of an exclusive passed concurrent Because, case, in either legislation. conclusion would be the same. law must declared Pennsylvania Courts, her void, and the inoperative judgment éxamine, must necessarily was about be reversed. view of the this should proper question

If appear if it record; solely constitu- presented depended the whole as he matter, of the act of tionality Congress; believed, narrow limits. very But, to lie within undoubt- would be found of its consequences to the decision itself, looking the cause edly, one addressed, was deep the tribunal he pervading concernment, high interest. It involved matters' only the Court as states, which stood before two im- sovereign to those other states of controversy; parties mediate which, to the- at Union, questions issue, with reference occu- it would Indeed, bé not the sanie relative pied position. perhaps ’ was one of vital interest to case too say, much itself. For he of the Union believed that peace perpetuity might of state ascribed justly to the interference legislation, sentiment, which of public unhappily .'much of that exasperation that seemed assume a more every day prevailed upon subject fit, therefore, It was that such threatening aspect. malignant SUPREME COURT. *18 ¡Trigg v. Commonvyealth Pennsylvania.] á careful,"but should receive not a only a thorough cause exami- it was nation, before thé finally passed conclusive' upon by judg- the Court. ment he fender

That assistance was might in his to this power what he to consider the end, a proposed case, of maintain- view three ing following propositions: 1. That has the exclusive Congress power'of legislation upon constitutional subject-matter provision question. 2. That if the is not exclusive, power still, from nature, very the concurrent of the state power legislatures suspended by the actual exercise of the power. And federal That if”the is not

3. over the suspended subject- whole matter of the still it be provision, exercised, constitutionally cannot as to conflict with federal so that legislation; consequently, law so as it was far applied upon indict- Pennsylvania, error, the case is void and ment to plaintiff inoperative; are because its in direct with those of the provisions, collision act of Congress. observed, to dismiss these he proceeding propositions,

Before there was a on which it inquiry would be preliminary to bestow a brief was, attention. And that proper whether this constitutional required legislation; whether, provision proprio itself, itself, it was sufficient of to effectuate vigore, not, did it was true, He object contemplated. anticipate thé a construction from counsel for the state learned of Pennsyl- maintained, for, if vania : fatal to successfully would their doubt, case. Because it was .clear beyond if legisla- is inhibited on the ground- tion of Constitution , neither intends nor requires legislative regulation, same reason must legislation exclude necessarily states.; and therefore, in case, if the present reference Constitution effects its own its own unassisted purposes, strength, law “ Pepnsylvania, which its title effect professes by give States, the. Constitution of the United provisions of relative' to labour,” from is at a work of fugitives best mere legislative It futile and supererogation, not, wholly inoperative. there- fore, case, he in its said, direct that he bearing upon deemed elsewhere, inquiry. important; because, legislative assemblies, as well in judicial forums, this construction had TriRM, [Prigg v. Commonwealth at least as to deserve a passing so insisted gravely

been notice. the Constitution, provision examination brief

A very that it looks to it manifest subsequent make would, thought, he first clause the states' prohibits enactments. The -rom legislative law, any regulation by fugitives .adopting passing service. .If the discharged provision fropa labour -may admitted that would have there, legislation been stopped had (cid:127) law, in violation of so a-state express Because unnecessary. facto .And the would be ipso judicial power, void. prohibition, Constitution, would to all under'the arising .cases extending it. But to declare the next so clause unquestionably competent character. guarantees is of different provision *19 shall be a and declares duty. right; enjoins service, his to whom labour claim, delivered to the party up, Here, then, two acts to be done. A afe claim may due. ; made, in which it is to he and the to be but the 'mode made not for. it, are making provided Again, form's to be observed in what whom, manner, and in a but from delivery required; qn Constitution does not Re- condition,-the prescribe. what and to were effectuate the these indispensable gulations upon points and were left to enactments. And legislative object, very written, so, because it is the office of a constitution -to properly them to be carried establish out only, leaving general principles future legislation. then adverted to and history Mr. Meredith of the act origin 1793, 12th as the February, illus- strongest Congress, and for this re- necessity legislation; purpose tration the firstvolume of State title Miscellaneous, Papers, ferred page documents, these that in et lit seq. year 38 appeared two after the government, the 1791, years organization analogous provision Governor of Pennsylvania, a demand fromjustice, fugitives upon Constitutionrelative made of three for surrender delivery the Governor of Virginia indicted a Pennsylvania who had been persons, kidnapping The Governor Virginia. him into of Virginia negro, carrying to be referred matter pursued, hesitated the course upon state, who advised that the demand attorney-general In an elaborate not with. opinion, to be ought complied SUPREME COURT. [Prigg- v. Tile Commonwealth of Pennsylvania.] was referred, the Court he took several objections; among the one them, most strenuously was, insisted on that the Constitu- means, tion had no provided no method, for prescribed into carrying effect. And that provision Had not Congress “ such means law supplied by any If,” he upon subject. said, “ the and removal in effected, can it must be delivery question under the States. authority only Constitution of United that, the and the removal authorized. delivery required, By the manner in which But either shall be effected is pre- “ The again, scribed.” And demand cannot be complied.with the Governor of without some additional Virginia, provision enable do so.” The law, to view governor adopted him. a -refu- subject, expressed hope, Communicating case would an sal, that the furnish inducement at once the constitutional' legislate upon provision. Upon the Governor addressed communication refusal, Pennsylvania the United States, in which he As the says, to the' President “ another has suggested difficulty of Virginia attorney-general from justice, to the mode of arresting fugitives persons respect occasion to bring subject thought present proper I have federal ; interposition legisla- view into your it, submit ture, pleased to whose consideration you established, as will future obviate all bemay. such regulations constitutional so question deli- and embarrassment doubt laid these president, appears, pro- cate important.” of the United with the attorney-general ceedings, opinion was, and the result that' at the same ses- States, Congress; before *20 statute-book, was stands upon reported as it now act, sion, was without finally committee; passed on opposition, 1793. 12th of February, act of so this illustrative Congress, strongly The then of origin embarrassments which would difficulties and continually of the to had article of the Constitution referred arisen, if the been all itself, necessity left to execute with further dispenses of the For it is neces- this subject. scarcely argument upon part n and embarrassments remark, that the same difficulties sary ¿risen in regarding fugi- would have reference provision law of 1793. In- labour, tives but for enactments from rt that the would be found deed, to both provisions', looking 563 TERM. m2. v. [Prigg The Commonwealth of Pennsylvania.] less, much in that which con legislation obviously necessity than justice, in the one now more immedi fugitives cerns consideration. The act of never been had ately till the case upon of Jack came questioned v. Martin ground, of Errors the Court of the before state of New And even York. was a mere case, intimation thrown-out Chan reasoned cellor, out, but neither nor relied on. In every taken for it has been case, granted that was legislation necessary effectuate the of the object framers of the Constitution. In Deacon, Rawle, v. &Serg. 63, Wright Chief Justice Tilghman, n “ Here is the provisibn, after quoting says, -principle; —the delivered is to be claim of master. But required fugitive manner in which this a-law should be regulate principle It mode, was to establish some necessary reduced practice. should be the claim and the delivered made, -in the cáse also, Griffith, So up.” Commonwealth “ Parker, Justice, Chief Constitution Pick. Rep. says, the mode leaves it to slave, of reclaiming does not prescribe It it was not by Congress. clear that very be-determined n that' intended should be made to the executive application state.” authority then being indisputable, as counsel the Con- thought, to, looks and requires

stitution the aid of to accomplish legislation (cid:127) was he proceeded purpose; argue, legislation federal, Why, to be of state intended exclusive legislation. asked, was introduced into the Constitution ? he provision would show that at history colonial one country as a recognised legal slavery period institution them, that in all customary provinces; conventional the owner of a fugitive law which conferred slave prevailed, upon him, to reclaim wherever found. Before might the close of the Revolution, however, public north- opinion ern section of the had country, regard materially changed of a that had policy humanity system, unfortunately .been fastened the colonies mother country, without to their interests and regard in defiance repeated In 1780, protests. an act Pennsylvania gradual passed abolition of In her Massachusetts, the same slavery. year, Declaration Rights, her short slaves.- And emancipated in-a *21 SUPREME COURT.

564 , [Prigg «. The Commonwealth afterwards, these were all, followed examples time nearly New states. the England all of howeyer, still continued to exist in the south. institution, soil, and the

The climate of that región, products peculiarly ,this the slave labour, has increased popula species adapted Revolution, number, that, at the close of tion to so great vital interests of itself with private so intertwined system had. as to safety, and with the maintenance. public property, abolition, even of unsafe and gradual render every project, imprac states confederation, ticable. southern had sus During and loss that had been change (cid:127)tained great inconveniences laws of the northern states. con effected abolition The. was observed- There was law no.longer ventional customary confederation. ’In no in the articles of provision upon subject would be allowed of.the northern states no aid whatsoever many slaves; to the owners of sometimes-indeed met they 3 on the Const. resistance. Comm. 677. “At open Story’s convention, Mr. Madison, said Elliott’s present,” Virginia “ Deb. 335, at those states if slave present, any elopes where slaves free, are their laws. For becomesemancipated by the laws of the states are uncharitable to one another in this And in the respect.” North Carolina convention, Mr. Iredell observed, tnat, “In-some of the northern.states eman their slaves. If cipated there, of our slaves go they would, laws, present entitled to freedom, their so that their masters them could get again.”

It was conflict during law, interests, and of of opinions, between the -northern and states, that the Constitu- southern tion embracing provision in was That question adopted. it is well provision, known, was the result of mutual concessions in reference to the whole subject of On the one hand slavery. the south to confer agreed upon Congress prohibit other, of slaves after the 1808. On the importation year north agreed to institutions of recognise protect existing- the south. And for that clause in very question purpose, engrafted upon Constitution. times history proves that the south an regarded, it, relied ample security to the owners of convention, slave In property. Virginia order to minds satisfy property people, TERM, *22 v. The Commonwealth of Governor abundantly-protected, held this Randolph was description “ to it mention what right passed Were in convention language: I tell that the southern occasion, might you states, —even herself, this to be Carolina secured property South —conceived these words.” south, was the confidence'of the whole Such.'undoubtedly, intention of framers of the Constitution. the. was Such so, their and if it would seem to .intention; follow as neces- meant to sary consequence, commit legislative power over the to The subject exclusively Congress. was provision to restore the south the manifestly intended rights to.

the- law had extended to formerly them, in common customary with other colonies. Those had been rights disregarded by must apprehension of-the states. And have forced many southern mind in the every convention, that itself if the upon were left to be carried out state legislation, must provision and.inadequate but precarious protection." "prove provision, true, to reclaim the fugitive, owner yielded he in whatever state have might if the refuge; sought power to the mode in which this was to be carried regulate provision into effect—if practical its execution power enforcing were to the states,, left not but have been it-could foreseen that its defeated. might whole That states purpose either might one not.—In the case the owner legislate without leaving legal other, means vindicate his .rights; embarrassing prose- cution so as to them, or.defeat them. delay In a word, to borro w Nelson, of Chief Justice whose language whole argument upon case, Martin, Jack subject, 311, Wend. Rep. “ is entitled to the consideration Court, most .attentive idea that framers Constitution intended leave the legis- the states, subject when itself provision obvi- lation.of>.this out of their fears ously kprung partial unjust legislation by n states,:.in it, respect cannot be admitted.” The confidence of “ the south could only itself reposed Congress, where the and interests rights of the different sections-of. liable country, tó be influenced by causes, local would be peculiar regulated independent an impartial all.” regard

If such,was the intention Constitution, framers of'.the next is, inquiry whether it can be effectuated express

Voi.XVI. —SB COURT. SUPREME v.

[Brigg Commonwealth 'Bennsylvania.] in that instrument. has Congress, granted powers or implied it a constitutional But had authority the subject. legislated so ? n thus exercised ? directly impliedly given Is the do in the first it is 'place, this inquiry, proper, conducting In' n rests, Congress on which aCt'of to the collateral supports look n four after the It was passed only years adoption its validity. .for. were In that many leading the Constitution. the convention.' The act was most men of distinguished 1791, acted for it reported finally hastily; passed consideration; without It was not passed on-in 1793. full to federal different looking and the case, opinions, the Virginia kindred a'- were communicated subject, legislation upon *23 Here, then, is a in contemporaneous exposi 1791. Congress itself,, in the act which has tion of the constitutional provision of, high authority. been this very always regarded Court which, a distinguished A language practical exposition, 1 to a Story’s judicial exposition. nearest commentator,approaches indeed,.the It case is, very Comm. on the Const. 393. puts, such an all the incidents of For exposition'. authority having solemn tp after con was determined’ this law of Congress pass 'mota¿ a lis nata, a upon re do.ubt sideration, pro raised — action, view to in a present face .the nation —with and. n collateral inter To this source of the midst of jealous interests.. this Court' is habit' of said, the' it has' been already pretation, those cases, of.Martin Among looking great respect. e th 351, Cohens v. State lessee, 11Wheat. Rep. v. Hunter’s to; be referred 418, pur 6 Virginia, Rep. Wheat. .resorted, has to contemporary Court of showing that-the pose of, constitutional powers, expositions practical construction —to. difficulty presentí cases óf much moré doubt and than enactment, very recently, further, But from the périod .till acquiesced has been Congress practically applied act. in— and salu as.containing judicious in all'the states, regarded which it re both the subjects.to regulations in reference tary js, to be as this construction, lightly lates. Ought time-honoured question., answered- Court has already This disturbed? period, for a shorter acquiescence has held a much practice ,of at question on Constitution construction of the fixing Laird, .case of v. In the least as much doubt. quite Stuart TERM,-1842. 567 [Prigg v. The Commonwealth of Pennsylvania.] 309, involved the which' 1 Rep. constitutionality pro- Cran. 1789, vision in the "the judiciary giving judges of .of Court Circuit held this Court.powers,the Court i Supreme language of,recent it. date, “To this sufficient objection, observe, that under it for a acquiescence, practice period several with the commencing years, organization judicial has, affords an answer, indeed, fixed system, irresistible construction. It is contemporary most. interpretation forcible nature. This practical exposition too and.obsti- strong . to be controlled, shaken nate Of course the is at question rest, ought now to be disturbed.” But in addition contemporaneous long acqui exposition, the, we escence, have judicial decisions of three great non (cid:127) York, New slaveholding Massachusetts, and Pennsyl states— vania; in which of this the'constitutionality act of Congress-was and sustained.' challenged v. 2 Griffith, Commonwealth Pick. 11; v. Rep. Wright Deacon, and Rawle’s Serg. Jack 63; Rep. Martin, Wend. Rep. too, So, case every Circuit Court of the United béforé'-the States, the Ofthis act provisions been judicially with, without a-question to its .dealt .ás It is constitutionality.- subifoilted,therefore,-.that clear a-very case of construction ought made' 'Out, to be etfen the ‘collateral shake supports which rests., law can,still But if the question be considered an open one, there *24 (cid:127) is no iii difficulty showing .power legislation in re- .that to ference is subject granted Constitution to Congress. be it were so-; It if not strange strange,.if upon'a subject would such intense and to interest, which the min'd of the' geñerál .of so had been called, convention had left their directly work ; their unfinished It purpose said, has'been unaccomplished. however,'and . said; be may again that the legislative power federal ais limited that the one-; Constitution enu- government - this, merates cases in Which -it- exercised, but .that is number; not'among the That cases,. these enumerated besides a is to general power given to laws Congress pass necessary to' into proper execution carry all powers granted by (cid:127) Constitution do the- government, of departments Officers. that But there is no so power granted reference to SUPREME COURT.

[Prigg v. The Commonwealth Constitution declares so that is-this ? The slaves this-provision. be delivered up,.on claim, to service' shall escaping from- is the shall be due. What to Whom such meaning person se.rvice “ a look' to They claim ?” .proceeding these Words on a right assertion of to property,, to an character; judicial and decide; to judge a tribunal to made-before competent if, óf the-property, execute that a claim decision, by delivery a this, then, judicial be' Is párt power, established. not in equity, át under -the arising to all cases law which extends the United Is treaties of States? not Constitution, laws, arid is asserted, ? and when it not every, such claim a claim legal ? at law under the Constitution case arising extends cases falling If then die -judicial' power within an Constitution, had provision unquestionable the. vest because this it; vest it. was a Court It duty in regard has of the Constitution decided that the language Congress. impartment imperative of the judicial power 304, 316. Rep. Wheat. Hunter, 1 Martin thé Whole judicial does not cover act of judiciary has legislation Subsequent under "the Constitution. sup- the act of act, of which 1793 is omissions that an many plied Courts instance, Circuit and District in the vesting portion embraced second which is judicial power third the fourth article of .the Constitution. sections of act does not judicial proceed- It is true prescribe * law. But the common same forms of ing according Hunter, said, that in this Court has vesting case Martin v. mode and it out in form parcel Congress may judicial power, exercised. The act which it is of being contemplates capable still of a character. summary judicial pro- proceeding, fact', vides for examination for the of a purpose preliminary a' most authorizing and removal the jurisdiction delivery on the fact; of that the final proper adjudication examination laws which But this the claim to service depends. alleged in its judicial parties, claimant, character. — tois the case fugitives, within the brought jurisdiction; —are. be granted, heard arid decided the cértificate upon proof; the party unless the shall be evidence judge satisfied upon therefore., acts, is a fugitive to the claimant. -He owing service *25 character, in a functions. exercises judicial- judicial 1842. TERM S69 -[Prigg Perinsylvania.] Commonwealth'of it. which has then, this

If, legislative power, Congress possesses that it requires exercised, nature of power been thus to adequate be exclusive. be only should It can efficacious either exclusive, expressly, And if being its object, by exclusive. is, that the the settled .principle undeniable implication, ' if they legislation states are as absolutely prohibited from Crowninshield, Sturgis Avere to legislate. forbidden expressly 4 Wheat. Rep. ' isWhat case? What"is nature poryer .of (cid:127) t<j . It is to restore of this constitutional ? provision object conven* states, substantially,, fight slaveholding It is law of the tional colonies gave them. confer them to remove, slaves, with the fugitive to reclaim and their an.authority (cid:127) least, To be inconvenience, effectual possible delay. expense, be end, ought obvious that the mode proceeding to to. n uniform. And to uniform, the power pre- order its being that, vested in legislative scribe one mode be exclusively should states, of legislation there body. If be concurrent . that the a' it follows fugi- then exercise power, state laws, tive forms of could be reclaimed according only The, con- by Congress. irrespective, prescribed regulations a sounding phrase, signi- thus become guaranty would stitutional (cid:127) such a subject,, nothing. State .would fying legislation, upon tribunals, Different forms pror become the sport prejudice. in the different ceeding,and modes of established proof would states. owner would find utterly impracti- And pursuing state into which had cable, ignorant particular the local to meet escaped, requirements law.. further, still would be exist- inseparable A difficulty laws State have no obligatory ence a concurrent power. would state limits. removal beyond carry force A‘certificate (cid:127) limits; those it wouid authority beyond no consequently offer claim, a new make new necessary owner Avhjch new certificate every through proofs, obtain the state of residence. might pass compelled own The .nature therefore, and the of its actual power, effect exercise states, sufficiently raise implication strong an render it exclusive. concurrent; firmly

But it to be is too the principle esta- admit ’ 3 b 2 *26 SUPREME COURT. [Prigg v. The Commonwealth Pennsylvania.]' kind; blished tó a admit of in case of.this where argument, that there is concurrent but one subject-matter legislation, the action of of the states is power wholly suspended in Houston Moore, 5 federal The Wheat. power. doctrine . its: 1, this, that has exercised power is. where once Rep. Congress a subject, .óñ over the same which given subject, state power has that exercise concurrent, absolutely is by prohi before been^ bited. In a concurrent words, wherever Congress exercises it is made over the in effect an power, particu exclusive power, true, lar There cases are, of the subject-matter power. and state on both federal- powers' legislation concurrent act at the latter is not time; same and whére the may suspended former; the exercise of the Thus taxing action-of does not concurrent power power-by Congress suspend'the the states. it is exercised the same Because, although power, different or-for But where the objects, different purposes. power end, on the same the same acts subject-matter, accomplish case,.the in this state is necessarily suspended. to, if the were not

But thus adverted applicable principle case, conclusive; .this which would be and that' another there is, in the exercise of concurrent if there powers, be a conflict n betweenfederal and state latter must legislation, yield of the remains, then, constitutional former. It supremacy only case; to show conflict exists in present and a examination and will very cursory comparison .two laws sufficient for the Thus, the act abundantly purpose. of Con- the claimant to arrest the fugitive without.a gress authorizes law The Pennsylvania warrant. peremptorily requires one. path admits the of the owner or his The act of Congress agent, claim.. law Pennsylvania excludes both, as proof The of indifferent witnesses. testimony The act of requires the claimant from all unnecessary delay and Congress protects -authorizes, The law Pennsylvania upon the expense. delay burdens claimant with the suggestion fugitive; The act of costs. imposes penalty incidental claimant obstructing, hindering prosecution en7 The law rights. forcement him Pennsylvania gives no word, regulations which the laws redress. In two pre- scribe, respects are in from each other. all essential The variant TERM,

[Prigg v. Commonwealth same, be the of both object attaining'it but.the.means (cid:127) different. entirely are n then of the whole matter. The In indictment conclüsion under this state law. The kidnapping the offence charges a slave was finds, .for expressly verdict special and labour to the laws according Maryland. service life, owing thus indicted. against, party judgment Court of kid- Court,, the offence that-in follows, judgment out seizing, carrying consist Pennsylvania, may napping of. slave, if the state, acknowledged provisions of that an his,arrest .The and removal are not complied spe- law-for with.. *27 the the Court fact, cial and- is .judgment finds verdict founded on it. was is not that charged removed offence

from the state of without with' Pennsylvania,- complying act of of-the to be an provisions Congress. Supposing state it authority; not; which it clearly offence punishable an offence for provided law; this nor according, tenth section would an with the exact compliance, have been accused. The any protection party special,ver- finds, that, dict was slave -out expres'sly state, carried without with the of this law of complying requirements Pennsyl- That is the gravamen vania. of the charge. And,’consequently, if the state has no Pennsylvania power legis- .constitutional late at all upon subject, being exclusively in Con- or, gress; if having a concurrent originally, power, has-been actual suspended exercise if by.its this Congress; to be legislation is-found in -conflict with federal legislation same either of subject-matter; if these has propositions been maintained, successfully this judgment conviction ought to be reversed.

Mr. for Hambly, defendant error.

The final decision of a constitutional great should at question,, all times be as a for regarded grave subject consideration reflection; inasmuch affect happiness prospe- nation, the lives rity, of a whole or-liberties n Among which people country, of this free there is nothing should be with more the charter guarded watchful than jealousy, SUPREME COURT.

[Prigg i».The Commonwealth of.Pennsylvania.] which, their liberties; fundamental law being land, in its construction one is judicial every immediately interested, to the meanest dignitary highest subject the common- wealth. arlyof touch Any given ,irreverential public rebuked, should be safety every chastened; sanc- its. violence less than thát altar; should of the domestic tity its guardians no and as the should its price-of Argus-éyed; purchase blood-,, its should be. privileges maintained, immunities if .even price paid aga_in. must

In all the solemn constitutional , which have questions been adjudicated this, the-highest .land, tribunal in' the no before' one has arisen more wider in its commanding import, scope influence, or on which hung or ill mightier good results which is this-nation, than that now the Court for presented consideration. subject incidentally An all-absorbing involved in it—a which is even now tides of subject, heaving political has caused country, enthusiasm throw her. lighted torch into and the halls religion, temples science whilst the forum of and the learning, bar-room justice, village Its resounded the discussion'. equally influences.have economists; been consequences-'and by political calculated statesman, all, until from the determinations by prophets; political found, farmer, fireside, hall at his are of legislation this, that, so great question, the other of one side or arrayed on *28 is the as a in region, “.-sore one gangrene” whilst'it has become in ahother. enthusiast, football crime, the State a in been Prigg convicted haying Courts “Kidnapping;” da designaté. which the statutes of Pennsylvania raises, the citizen, is. a of which he the state Maryland, now to- are unconstitutional' and state objection laws o.ur that-the . arejthis test this we here day. question the,25th-of Maych, 1826, Assembly -On -General of\Penm which section-of renders act, the an first passed iUa. sylvania from the mulatto carry- any negro seduce or oi° felony away HamKly-cited Mr. to make them-slaves. of Pennsylvania, of 1826. 7, 8,' 9, and 2, 4, 5, ,6, sections 3, the. All, Assembly General act of 'the are this provisions are unconstitutional; the plaintiff alleged, error'says iff TERM, 1842. v. .Commonwealth of' arid the of the act of the of-Congress contravention Constitution States., United article Second section of third 4th paragraph or declares, “That held service

.Constitution, no labour person another, thereof, shall, the laws into state, in one under escaping law or consequence therein, discharged, regulation labour, from service or up but.shall claim .delivered service, due.” or labour may.be whom such party that the owner of a slave has Under' this some contend section, .to the of the state regulations a municipal without-reference right-, be, seize carry away any whére happens territory either slave. .Thai no is alleged necessary by Congress legislation itself, or the that the clause is -states; perfect totally inde- arid that the demand and sur- pendent;, word “claim”'means ! render, or investigation without inquiry n Thatif ,be legislation has necessary, Congress exclusively already has acted, its over power, exercising whole .power matter, and therefore all state is invalid'. legislation

The act of 12th of' passed, February, 1793; and the arrest a labour, authorizes from .him taking thq before a of- the Circuit or judge Unitéd District-'Courts States, before any magistrate or town a-city corporate, tor shall a Upon satisfactory proof, judge magistrate give cer- which "shall be sufficient for the warrant removal of tificate frigitive'. « The fixes second section of five hundred dollars on forfeiture who shall

any-person obstruct, hinder, rescue, or harbour such &c. fugitive,

In the matter, it is asserted that argument no legislation needed; the constitutional is ample.; arid that provisión (cid:127)“ claim,” every shall be phrase surrendered on thing give can and that under -legislation secured; already one contained, which, any clause'a virtue of may step slave, into.,a and seize and off an carry alleged he' “just.as crowd stray horse,”' personal "article-of would ether property.- airy correct, this conclusion be it is'surely strange-deduction Iff clause, used'm that arid in .language direct'opposition seem to be impliedly meaning. what would *29 “ that clause claim,” true does If such be the meaning why COURT. SUPREME p. Commonwealth of therein,” law or shall dis- regulation that state.by "any no say, " law or ?. if Why from service charge speak regulation,” n allude to be allowed that which is' ’forbidden and none ? Why of state laws or. state the regulations,if unlawful? speak Why states not at once use the dare not ?. And why language pass into Itself, arid that say,- "escaping which obviously presented labour, without another service discharge'from shall not state/’ is ?” conclusion regulations about"laws adding .The word unwarranted; . unsound, language and altogether this but that' législation, legis- ..Constitution not only presupposes n states; It be, be, lation not but will be only was laws as-much as states: You just may pass saying make upon may prescribe subject you may regulations-: you — — dime and manner of whom the seizure, the. authorities before parties come for shall not adjiidication you discharge shall —-but boná fide from labour he from that service .which owes the laws of state from he whence fled'. Your authori- laws ties shall whether under of that state he owes ser- say the. him do, shall hand over. vice, and if . you fact, contradicted that, likewise This construction legislated states but not Congress, upon subject only not -as Constitution, Congress, after the formation early long — an which raises a is, therefore, manifestly argument 1793..- for; that, at contended against position strong presumption the framers that were almost when instrument early day, at its when debates formation life; upon all in full public mernory country;- were still fresh the whole its adoption this Had legislated very have upon point. should Congress ? this forgotten meaning phrase men of day the public meant surrender —that peremptory that “claim” forget Could they in the use that word intended meaning was the to work to Constitution, legislate,, go should framers not all allow- but at necessary, legislation no not-only where a moment. indulged will not ? Such supposition able neither, the states nor had intended But, they if again: altogether it not subject, legislate should " claim,” term have used would they, certain that carry fitted to defi- better other language selected would ? What is attach intended the meaning-which -nitely *30 TERM, 1842. 'Pennsylvania.] Thew. Commonwealth “A Plow- meaning says “claim?” challenge ownership,” wjiich another in a hath in of interest challenge thing A den. at least out of the .or possession, possession-of claimant. “ Claim” is that the or in doubt. “Claim” implies in dispute “ at has a may two or more same time. made Claim” the. technical those this legal who meaning; instrument, drew "well the use of eminent Versed in lawyers language, being so f a possibly designed meaning point phrase, that word. reason used that This is impression,'too, greatly strengthened by recollection in that -from a preceding respecting fugitives justice, clause “ much Shall stronger demand,” is be delivered used. up word is the criminals; used in reference to language from fugitives labour-are to be “on What now claim.” up is delivered “ difference these two terms ?. between Why, evidently, demand” is not insists will admit of it peremptory. ..delay; upon imme- “ obedience, diate debate, the deci- supposes litigation, Claim” sion of right. a. How it when one satisfaction for an seeks “ offence ? I demand”- satisfaction: I it immediately. require You shall I or will force give me, it from antagonist you. His. sees earnest, he is in must and he But if language reply. he should I “claim” debate say, springs up, negotia- satisfaction, ensues, tion most another takes likely shape. offerice “ fact, upon This thrust itself attention word demand/’ framers It was- used in of the Constitution. preceding and is reference criminals from justice, eminently paragraph “ than claim” is/ better fitted unconditional surrender express had such' this, designed But beside framers of this,paper if the omitted, them, not -have purpose would imputed this law or regu- from clause the words “in consequence lation the clause would have stood therein” —and then in an one would have understood obvious.shape; every state, should into from another labour, escaping matter, thereby service, puts &c. This discharged and exceedingly clear considered, and strong light; very adverse Union nor states construction neither can legislate upon subject. one,

Another is, reason that no here be might noticed Constitution, either debates formation of COURT, SUPREME'

[Prigg «. The Commonwealth states, ever at its that to be adoption by asserted the meaning clause. of- this here Mr.' the debates- Hambly Virginia con- referred - n '

vention. and substantial valid this con- reason.against most .Another be á violation that it would óf is, very spirit struction instrument. n If, "claim” so term the..stretch of power véry venture, state can neighbouring that a man from great into *31 seize, upon allegation Pennsylvania, Maryland,-and simple authorities, to without off carry reference any on.e as-his single labour, whom he from fugitive' out choose is a it most true spirit Unheard-of meaning violation.of óf the whole -that instrument. of power .can,

The same seize upon allegation, simple .and slave, off. a can, due, on óf service seize carry the allegation off a free man. There neither power, is-no if carry can. legislate, dispute, question'with nor states .the . seizing party, the; is, that man states every

In-npn-slaveholding presumption is like contrary every a proved. is free man until is- Every in favour man legal right. pre- presumption, until ‘guilty,. -Every to-be -innocént proved sumed defendant action.-, debt is not .is' presumed an against whom brought, Now, in the debt be-proved.- a'slaveholding.state until owe is of-slavery; directly raises which apresumption. always- coiour a Or free non-slavéhóldi%-state; contrary presumption facie, If,, is. a rrian.' .latter, free every prima, for in the man a, free assumption power, monstrous then, under’ this most -is our freedom?' boasted- seized, be- What rristri.may ..where Constitution of óf -to the 'fourth-article .amendments says secure, “ to he The- right people ? the' State's United (cid:127)the and' effects unreasonable against houses, papers, persons, their “No 5': Art. petson be' seizures,-shall not violated.” searches ' process wrthout due life, liberty, .property, deprived shall law;”' “ slaves, are no par- But We are with the remark that here met’ ” does not people, to the Constitution;” “we,the embrace ties thai ajre óf the- want admitted, arguing This them. we , TERM, 57-7 Comjnonwealtli Pennsylvania.] [Prigg The take a free a but to claim -slave, take "claim” and power and' is a admit slave, you away ! the fact that Admit man Instead of says: .Pennsylvania' preventing whole question. , slaves, are anxious should you we taking your from you covet, and all out- we do not are a population them; have them-: facility get tends ward .giving every you legislation Jo , this so as legislating claim the subject do but wé will which restraint,- prevent you legal bring you ene can arrest and a free' carry away free man. If taking.a their in- persons if are not law;” "without due process man tablet, sand; writing is waxen Constitution violate; your earth, freest country as supposed, instead being, ! can imagined this is the vilest despotism be, have such a Can it meaning?, clause can Is possible this, as could find no so of mischief one of that a power potent the -indictment against those who had laid king " of his one that he Britain, crimes, chiefest very Great whose trial,” seas beyond jea- our citizens had for transported fears would not be excited, not be aroused —whose would lousy ,so claimed this clause ? mighty at a grasp those ardent,.untiring, not that some one vigilant Think you ,jf would voice warning raised liberty, against guardian; And, that, when too, eighteen ? months only after danger *32 charter, had although they in the already the formation carefully of the instrument writ of habeas body guarded of all crimes trial and and in the corpus, provided jury committed, as' if their had jealousy yet, state where excited been in their amendments' provided to for the vigilance, fourfold per- "unreasonable seizure,” and- subject sonal security fipm “ without that no be due deprived liberty one should process of law.” to a man no means impossible case, suppose Suppose, — — a citi- simultaneously, by streets of Philadelphia in the seized each Virginia, claiming a citizen of and

zen of South Carolina their, for, each : under contended slave him construction . mere He to him off carry allegation! entitled would is that he but entirely free; to show offers evidence satisfactory interfere, because the states cannot cannot authorities te, and cannot' give legis) them power; legislate C 73 XVI. —3 Von. COURT. SUPREME

'[Prig®e. Commonwealth state, did; if. it could not give Officers Martin v judicial power. Lessee, 1 is Hunter’s Wheat. What to be done? allow 304. thesé wrangle streets,-to. to it out settle the question in-the parties knife, with dirk and bowie or execute of Solomon? judgment No, will'be, Court, hand them over to District answer the- Yes, there let settle' them right there.you property! but. meet an The. District Court can unexpected difficulty. try claimants, between the but not right property right as between them' man; and the therefore it liberty .arrested free follows that out-of possession because party alleged slave cannot him, take prove party ..possession retains.him, and carries a -into free-man Possession of slavery. slave, in the of proof, absence sufficient of title. evidence Marsh. Rep. claim,

But exercising excluding-, from arrested party free, testing do question-of slave you “ not violate' the 'firát clause of 2, sec. art. ? The citizens of .4 each, state shall be entitled to all immunities privileges' nitizens in-the several states.'”

In out, some states fees, sell jail services for. personal of certain one, an prisoners. Now, not a suppose negro, be seized in as an Pennsylvania, alleged fugitive labour,— under this he undoubtedly clause bem,ay seized, .the —but truth comes out that the seized is party, .and never or sold out service. prisoner, Under this construction you can- ,not and a free try question; citizen goes promptly without into let that redress ! slavery !A.y, tried, the' advocates say doctrine, in the state to which he goes. There two answers this remark: First, '.are it is in direct violation of the of that spirit .provisión Constitution which infraction, requires trials take the state place where the of' (cid:127) law what chance of occurred; fair trial would any and. secondly, man under such state which circumstances have he is - taken, where ail the are him, where presumptions against whole public him, opinion against where sepa- is-entirely rated witnesses, from his the whole probandi whilst- thrown onus thousand, *33 upon him." slaves than one Better free escape, should be thus carried into remediless slavery,! man It is true that Chancellor Walworth, the case of ...Jack TERM,' 1842. j). The Commonwealth Pennsylvania;] at existed recaption' that the Wendel, right Martin, says “ Now, Constitution.” the is and' law., guarantied common judge, opinion deference learned greatest ever conyinced persons of recaption that the right we are not amend- exist, away by it did is taken here, existed or if taken, that is ground ments to open-avowed Constitution. who is at.large. a free man is facie free man prima; every and the so, right’ he comes called If under that class “people;” “ to bé seeure in their unreasona- people” persons against but he is á the Constitution. Ay! seizures ble guarantied is that, is not But admitted. slave, doctrine. say this opponents so as íie is, Now, long at issue slave free. very question ¿ therefore, if and, slave, free; you is not presumed proved seize constitutional him, privilege. violation of this is. this said,-if clause, it is the true construction of

But, this'be-not to- alohe legislation necessary, right appertains tile, leaves the act of Congress; 1793 covers ground, I no for the action of state legislation. room That granted no power legislate upon subject expressly terms” be at once conceded. It must like- must Congress “in wise be as conceded that it.is-not readily “prohibited” Then, states. if it must be in vir- Congress possesses power, of a conCurrent acting subject-matter; tue authority this is a which is because faculty necessary exercise some power already granted. for the most laborious latter, manifest;

That it-is search, aided the most most "and careful investigation mind,' can. show no single provision critical powers instrument which this would legislative to the exercise of be necessary.

There are two kinds of embraced concurrent powers Constitution:

1. Those and, which both bodies may lawfully legislate upon; 2. Those which the states may legislate upon until acts; when latter, excludes being, supreme power, former. (cid:127) instance, .As an former, militia regulation tbh “ be cited’. Congress can arm, organize, govern,” discipline, whilst to the states is reserved the -officers appointing

580- COURT. SUPREME v.

[Prigg Commonwealth Pennsylvania.] sec. 8, the clause authority 1, 16; Art. Houston v. training., Moore, Wheat. 24. ,found latter the class

An in the illustration power has laws;' which, establish been decided bankrupt this by did,- until Court, might legislate the states when the . would cease and acts of Crownin expire. Sturgis the.former v. shield, 193. Wheat. to ascertain whether this therefore, power of .order, legisla-

In not, inquire: we be concurrent must tion the states possessed 1st. Whether it by previous to the wsere Constitution,. and -of appertained formation sovereignty. to the Union, Whether terms 2d. granted express prohibited n Whether it be an exertion of states. sovereign to the 3d. power . or, 4th. As necessarily by operating beyond territory;. Union, so that no exercise originating states place, clear, can take conflict undisguised without open, the Constitution.

Now let us these rules. It is question',by test manifest that slaves "the were of legislative subjects power slavery Unjon. After states, before the declaration of independence at state, least 1776, each before the confederation, was a sove- , Each reign body. had independent theright enact laws which revise. no' other co'uld Each could make war power or conclude to the without reference other. Each could peace; raise armies or maintain without navy, consulting others; and, in fine, every possessed faculty as sovereign power, effectually France or as either entirely England king- World, and as doms of the Old untrammelled. equally Then, the union was case, formed, being by taking away from power, individual states portions vesting them in one “ central as the known Union,” in formation of body, were admitted 1st. That it maximS: possessed nothing 'by impli- cation, what to its except absolutely necessary existence; and, was Union, That nor delegated 2d. not prohibited to powers ' terms, the states in were Article 9 reserved. and 10 of express Amendments.

South laws Carolina, 1695, early passed subject time. of slaves so So present down to slavery, (cid:127) These, then, also 1711, and Connecticut, in 1715. Maryland? ¿si TERM, Commonwealth of the' exercise of this power instances sufficient,as. are formed; Constitution states, this'proves long.before it was states possessed by previous first position, —That Constitution., 'And it will not contro- to the formation “ expressly” granted Union, verted that states. nof prohibited the, The exercise of"this power states is

/Thirdly, merely internal police'and regulation; and.therefore does not Matter *35 the and, operate territory: beyond does not originate is, in.the Union—that' Lastly, power does not out of right legislation grow Union; power itself, the matter, is not birth subject' Union; is nor conflict with the “clear,,open, undisguised Constitu- exercise'a tion,” as exercise of extra-territorial power would be. this, all inferred, then;

It is that-this is'not-a power con- that want of' one; express for reservation of such right, current it which to be exercised at has not the features enable the same as is .the case with time both the militia laws. by parties, Nor Congress absorb it and drive can the action the states froto it, case laws. a is the-bankrupt power exists, Nor is it exist states. and can answer to only any this,' theN of laws and will Variety regulations say, passed by that the will states; legislation different be incongruous dis- take, We must similar. Constitution as we find it! Our construe, not to duty And we are- legislate! told good (cid:127) that in construction authority constitutions, the argumentum inconvenienti, will not answer; ab we dare not use it. The ita rule, is us. If enough ¿cripta provision constitutional defective, there a constitutional mode to amend it: let us then that, rather than wrest apply violently the instrument con- struction.

It is however, of-the act urged, Congress passage 1793 affords-a in favour very strong argument congressional action that the at so this'subject; passage early fact of its day evinces that clause of the Constitu- understanding it, tion alone been, the framers amongst Congress had the hence, were, ; implication, legislate they would convince that it one of those us, concurrent

3 c 2 COURT. SUPREME Commonwealth of Pennsylvania.] which the action legislative highest body absorbs powers takes from the states. away This if it too any will much. argument, prove thing, prove The act of authorizes the arrest of the Congress fugitive, requires him be taken before District any or Cir- judge Court, cuit or before of a county,' or town magistrate city, corporate. - Now, it is a settled principle decision, that perfectly by judicial cannot communicate the exercise of judicial does person who not hold the commission of general (cid:127) (cid:127) Martin government. Lessee, v. Hunter’s Wheat. 330: “Con cannot vest gress any portion judicial power of the United States in Courts ordained and except established itself.” officers,” 3, Cons. sec. art. 2: “The President shall commission all Now, if no can be man an officer government of this without bearing President, commission no certainly “magistrate of'a or town county, city, corporate” can be judicial officer of so cannot take the'general'government, authority under act. This is necessarily derived principle 3, 1, from art. sec. “that which provides judicial power United States Court, in one shall be vested and in Supreme inferior Courts *36 as shall from time to time ordain and Congress establish;” and of course the must be power persons holding commissioned establishes Courts. This power, which doctrine has been held State long and Courts. Supreme United both 4; States v. Peck, v. 17 Johns. 7 Conn. R. Lathrop, Ely 239: The was in which-an action of was former a debt for a brought case 1813, for under the selling penalty spirituous liquors, is State Corn The last case was gave jurisdiction. an action mariner, a which against deserting in the State Court had juris Congress; diction act of but the given by in cases judges an both declined 1 402, it. Kent’s Com. exercising 403. This, the act then, case, that being Congress gave of 1793

“to a magistrates an which it could not county” authority give, irresistible, conclusion that did not at is that day hall, understand in the construction of the Consti- legislative tution, as well we do after now, century; .an interval half as avail, no therefore the above cited is of inasmuch argument as it which, add, we that explodes itself. Besides the states might TERM, The Commonwealth of V. just claimed openly avowedly power Congress done. has however, that the of judicial is weight supposed, authority favour, in Courts, the State of the exercise very decidedly, national us Let power legislature. therefore

examine. and Rawle, 62,

In is contained the Serg. case of v. Wright This was a writ de homine Deacon. The case had replegiando. habeas been tried on already corpus, adjudicated against and. was point decided; whilst it taken for

party, the Constitution and act of granted Congress gave warrant his removal. was for not as to question agitated the consti- . of the law of or that of tutionality Congress, Pennsylvania; and no for this authority the case therefore co'nstruction. gives Griffith, 2 Pick. was 11, Commonwealth an indictment for and the battery upon negro,- assault defence made an. slave, was he was a and had fled from servitude. The “ case, This to a brings single Court viz.: say, point, whether ' statute of the United constitutional or States not. The does Constitution, prescribe mode of say they, reclaiming leaves it to be determined slave, but by Congress.” taken tnat granted Here is far from appearing. the conclusion; reaches without leap One how showing Congress whether attains this power, 'expressly, by implication, how. fact, dissents, of thé judges In one that he saying thought should be seized conformity Further, laws. law was not attacked unconstitutionality ground that at all; no Congress-had legislate because merely conflict with other of the instrument. case, This therefore, parts conceived, it is for the respectfully proves nothing plaintiff error. In 12 Wend. is found case of Jack 314, v. Martin. This was a de writ Nelson replegiando; Judge homine Court that the legislative below decided concurrent, the action of excluded the therefore states from and that legislating, object being e., secure palpable—i. *37 the slaves have of the south—it should a construction that would the end. operate most attain effectually that we are construction to We-contend this clause giving most If desired end. excited and likely argument produce COURT. SUPREME of

[Prigg The Commonwealth' Pennsylvania;] from the the whole subject-matter of withdrawal an interested south, will it not pro- be effected the states could hands states? Which most with free and collapse constriction duce and'conciliation, confidence A tone-of the peace? keep likely of illegal exercise power? the attempted defiance other this and sub- every legislate We negotiate must with tomahawk; rather than the calumét of peace, ject band, brothers, instead animo- aof spirit the conciliator^ foes. of deadly sity the Court of Errors and taken before was up case of Jack sustained —not the question decision below

Appeals, not; the. constitutionality, 'but question because wás a But the question pleas. admitted slave Jack'had debated, my and in not a judgment single constitutionality was but, on the construction, contrary, was reason for given solid Chancellor;Walworth among “I have looked vain says, to legislate authority upon the for powers delegated concludes,that legislation is for the ample subject,” purpose. cases, -what have we ? these recapitulating

Now, thén, ,upon the' of the law is case where constitutionality 1. one We have Chief Justice Tilghman. for granted, by taken Nelson and Senator 2. the argument Judge Bishop, We have the case in it, and and— Pickering; in' favour We the decisive Chancellor opiniom Walworth, of. - in the case in dissenting judge Pickering. tried Washington, in Ex by Judge Por neithér parte Symmons, 396, Wash. C. C. case in 4 nor in the of John- Rep. and reported Baldw. Of constitu- question Rep., son v. Tompkins, of, at mooted but both judges all tionality spoken speak of state laws/and laws Congress; satoe breath without once the'right of either for one mo- impugning party legislate, as to doubt the constitutional- of either intimating ment them. pass party authority contended that this however, legislate may, 1; sec. 8, clause art. 18th given Congress by the. shall be necessary laws which

Constitution: make all “And to execution, the foregoing into proper carrying powers in the' vested govern- Constitution powers *38 TERM, 1842. .585 v. [Prigg The Commonwealth Pennsylvania.] or in any department States officer United 'of the nxenfc . thereof.” “ sec. 1238 : The Commentary, in his plain Story says, Judge shall have all the is, clause that incidental this import and into exe- proper carry powers necessary and instrumental ‘ It neither enlarges áll the any power .express powers. cution is it Con- .any power new grdnt granted,-nor specifically gress.” first not .part section, is then, case, This embraced “, enumerated powers. one foregoing” is not it-

because term, vested,” the other other powers it Nor included under is there, vested, is no for the power, because learned commentator it means to; says express powers. alluded just we' Constitution, told in Hunter’s Lessee .are Speaking 326, the 1 United Martin, government States ad. Wheat. not it granted-to. claim no powers Constitu are. the. can granted, must-be tion, actually and powers as are ex necessary given by implication. On given’ pressly is have á reasonable instrument hand, construction, this accord of its The words are to be terms. taken in the.import their ing not in' a sense sense;- and obvious unreasonably natural restricted enlarged. “ this then, phrase, vested,” powers means Certainly, express other mode of construction would do violence to powers; decisions; a whole series instrument, overturn and whole If is such in power,.there none express case; thendt.means clause, exercise the therefore, Congresseannot authority “ 388, is, 1 Com. The Kent’s correct that principle claimed. granted Congress, the terms which power whenever .the should be required exclusively nature the power or the was as taken Congress,-the.subject completely away exercised by as if had state forbidden they been'expressly legislature ease ?—the power But- not to act. .it.” her? pf the all, such, the nature power at terms granted exercise as usefully as easily Congress. states can internal is, police regulation, truth is one the power health-laws; Gibbons v. ferries, turnpikes, much “ is granted we no direct power are told that over 203, Ogden, subject objects t5.Congress, consequently these remain SUPREME COURT. Of Commonwealth If the legislation. legislative power of the Union can them, it must be for reach national purposes.” can How legislation respecting slaves become national when the states hold ? Only part them Such legislation cannot as- a national or attain a national aspect, sume purpose.” “ then this If nor expressly Congress, concur- *39 nor to rently, necessarily appurtenant other any what is power, this clause ? the meaning “ to service state, held labour in No person any or under the thereof; another, into shall in laws escaping consequence therein, discharged from such regulation service, law delivered on to party shall be claim whom such up, ser- or labour is due.” vice nor more less: You nothing

It simply may legis- means this— you may regulate one alone point shall not you late — —but shall not discharge touch:—You from service, if he law a slave of the state from whence he fled. were result that no to is, power to being given Congress legis- late, it states under the 10th article of the reserved amendments. “ not to the United States Consti powers delegated nor tution, states, it to the are reserved.” prohibited by Federalist, 32. The state retain all No. governments clearly rights of had before the sovereignty they adoptionof Constitu not which were tion, Constitution exclusively"dele Union. Wheat. 325. gated 4, 1, art. is read thus: —“ Full Suppose faith and sec. credit shall be in each state to the given, acts,records, and public judicial then state:” —and- Is proceedings every stopped. not that the states could apparent, regulate by,law kind manner in which their Courts quantum should proof, receive not, it was could it; thought and if terms why express they “ reserve to Congress right preiscribe manner which shall be and the effect thereof.” proved, times, Under art. 1, 4, clause 1, sec. manner places, senators and shall be holding representatives elections for pre- scribed the.state framers of but the the Constitu- legislatures; tion add, make alter cautiously Congress may regula- tion, as to except place. TERM, 1842. j).

[Prigg The Commonwealth of Pennsylvania.] 5, the one 8, sec. clause coin 1, money,

Art. sovereign Con given attributes power; expressly highest states 1, section clause art. are 10, gress; yet, .1 This prohibited expressly coining money. cautiously been the mark of highest sovereign power. has always however, some,-that because has Congress It is, supposed by criminalsj that therefore there surrender of legislated here. claiming legislating ground stronger the Madison Conven- Mr. cited Debates in Hambly Papers was tion, '; that this matter be left to state expected legislation Madi- and that the south was united itself upon subject. son p. Papers, however, have,

As to remove all if, doubt we subject, itself, Constitution an that- whole'sub- admission open in the hands of the states. slaves and left ject slavery “ Art. sec. 9: The. of such 1, migration importation persons admit, now shall think states existing proper shall not be 1808.” prohibited by Congress prior is the whaf of this ? shall meaning Now Why, slave-trade, all its to state operations, leave *40 legislation that after 1808 with it exception they may entirely, stop if. do choose; choose,-it but if not they will always remain they until states, do see fit This, to close it. the hands is consideration, without con- mind, any sufficiently my at that understood body day rightly that this whole every vincing of state be the subject legislation. matter to and of the terms the formation “legally” ¿‘justly,” The use that the was to Constitution, shows be ascertained by of the taken and that not for granted; legislative competent authority, itself matter, to exercise somewhere power then it in had than same power more probably none state legislatures. control,—the on be- two urged to examine arguments

It remains only now error. the plaintiff half of act of vests Courts

It is judiciary alleged government; the whole judicial power States the United to be attached sought which is this being judiciafpower, by that act. embraced is government, impliedly the general COURT. SUPREME. v. The Commonwealth sufficient, to that word will be a answer argument. One claimed, or rather is not asked, judicial, power legislative; arid can no be claimed therefore or possibility by, through, under, act. the judiciary has, that legislative

Another construction argument'is, Court,- this almost authority judicial decision. And be- in its has, cause Congress reports upon slavery, admitted asserted their claim therefore should right, almost regarded be. as a construction. judicial

,It answered, that if there be one in this thing country loose, uncertain, and it is entirely vascillating, legislation; and whenever the of our Courts judicial highest becomes exposition uncertain as to so bear with our wavering comparison legis- we shall of all civilized lation, truly pity contempt nations., has shown: been “claim” aid That does mean demand un- peremptory

1. That 2. legislation contemplated by conditional surrender. that both states clause; language Congress was never asserted That this construction 3. legislated. 4. That it would violate its Constitution. the.framers (cid:127) never existed, persons of recaption That power spirit. the amendments. 6. That this did, power is restrained if it nor prohibited granted expressly neither to the exercise of granted necessary is it power, nor states; 7. That states possessed reserved. impliedly nor 8. That it is a regu- was formed. mere Constitution .before the exercise national does not suppose lation of police, 1, 9,, in art. Constitution, gives, sec. and, 9. Tnat power; states, whole, hands of where subject leaves father it. found originally stated Pennsylvania, ap- Johnson, attorney-general Mr. *41 in obedience to the act of the Court directions before peared made, been 1839, to which reference had in passed Assembly, enact of authority Pennsylvania constitutional maintaiathe hands the Court; of set out in the paper-book laws several indictment .and proceed- constituting groundwork .and of great He said he occupied position case. the present in ings TERM, [Prigg .Pennsylvania.] Commonwealth.of He the Court not stood before only and embarrassment: delicacy as the official Common- counsel, representative as an oath as was, such, as 'bound by wealth Pennsylvania; support taken their the Constitution honours, that solemn States. It was made his to vindicate duty United Pennsylvania adopt laws question against learned who so gentlemen, allegation ably represented conflicted with the Constitution Maryland, interests laws of the general In government. duty, performing felt the to be were he almost as as if he responsibility binding judicial decision, advance no pronouncing- doctrines were, in his incompatible judgment, with the true construction of the federal Constitution.

It was to him to be able to assure the gratifying Court, thát his official and his own as a duty conscientious convictions right, Union, citizen of the on this perfect harmony subject. were he with sin- earnest, He should not hesitate to spoke speak curias,on her He desired to cerity. rectus in place Pennsylvania She voluntarily. before Court. She there footing, came proper bar, jurisdic- to that was dragged sullenly high denying This tion of Court and disclaiming authority. proceeding concord, was one of on the of Pennsylvania, amity, part as the learned. counsel had told were, of Maryland, came into ..They the real and substantial Court, parties. law, to terminate

Court of constitutional question try great were and had for years and contentions which arising, disputes on this them, the border line between subject arisen along Neither sought slaves. party delivery up escape It was for humiliation of the other. triumph the defeat or before the Court. were They of law themselves they presented under an in the work of peace; sense imperative engaged duty added, he also he would be he hoped patriotism if pardoned case had been in the present which resulted difficulties between felt, negotiation and made subject previously fact, that this very these And it was a curious states. alleged of which is

25th March, 1826, unconstitutionality was case, passed, fruit negotiation. of such joint believed, at the instance with the entire approval of the state authorities appointed commissioners constituted Yol. XVI.—3 D *42 COURT. SUPREME

590 v. The. Commonwealth [Prigg of Pennsylvania.] of to wait the legislature Pennsylvania to upon, Maryland, of time, of law of the kind. -At of obtain passage some its condemned of the loudly portion was. citizens passage who favoured abolition of of Pennsylvania slavery. And 'is change of exhibited —the now, places state of singular Mary- she then land what sanctioned —and the adversaries repudiates .not sustain, cordially, of what then slavery though very of these act condemned. One thinks this parties of is too other, that it slaveholders; indulgent them their deprives just The considerate and rights. enlightened citizens of Pennsyl- vania, were, with few, any, exceptions, believed, of the if. that this law was what should opinion precisely be—alike war- ranted Constitution, federal and careful to protect the As rights such, all. it would it was duty, his plea- sure, to maintain it assault its against every constitutionality, let it from whatever source it proceed may. act of

By Pennsylvania began great work phi- 1780, in to her has lanthropy regard slaves. She pursued policy indicated, there until here and slavery, only there a time- relic of former has vanished policy, stricken from the soil. She' on the did not trench other states. She rights did impugn or the conduct of their citizens principles, ; she deeply ab- herself. She her slavery horred own performed duty, and left to others the the shame of glory performing, neglecting is a In this act there theirs. saving of slave- 1780, rights states. So holders in other act of Its title very “is its An act to object. effect to the speaks give provisions the Constitution of the United relative to fugitives States, from labour, colour, for the of free protection people prevent Thus this unconstitutional.act kidnapping.” very found an effect give Constitution. legist history lation of on this Pennsylvania will subject prove, that she though has been éver found in the vanguard friends of liberty humanity, she never has what forgotten due her sister she states; never has wavered her loyalty Constitution Union; and come what she never will may, depart this course.

That then, Pennsylvania had the enact law in to. she question, avers to have solemnly been accorded to her TERM, 1842. v. Commonwealth of herself. She will not consent to Maryland surrender Court, decision, her of strips until valued it, attri- will None that the sovereignty. deny, main bute questions delicate, case are in some respects intricate, involved view all sections important Union. Sub- any point *43 are : stantially these Is the mode of the power prescribing

1. delivering up fugi- labour, service or under the 2d section tives from of the 4th article Constitution, vested in the exclusively general govern- ment?

2. is it vested in the not, If it is state and concurrently general to be exercised on terms ? or governments, particular is it solely vested the‘state governments?

3. Have the states the to inflict as in penalties, cases of crimes, those who seize and upon remove slaves out of their territories, without the mode pursuing either prescribed, passed the act 1793, the acts Congress on the same the states themselves ? subject, by The last these three questions is the most material in the

. this, case: present real perhaps only question case, upon which the Court is called imperatively pronounce judgment.

It is to be have extremely regretted we no judicial guides to aid us in the cause, of this which are argument of higher than the mere authority of individual opinions who judges, often incidently, hastily them. The expressed cases, such as they are, are unfortunately few, conflicting, contradictory. They have, it is all true, occurred in states where has slavery been abolished, for such must indeed questions in states rarely happen, where exists. It is slavery interest of obviously parties in states, such determine the in one Without question way. pre to trouble the tending awith detailed and critical examina Court tion of the cases, he would refer to following them exhibiting a most illustration striking law.” “uncertainty of.the Deacon’s 5 Case, & Serg. Rawle, 62; Johnson v. Tompkins, Baldwin, 1 Com. 571; 2 &Serg. Rawle, 306; S. Holloway, C., 3 & Rawle, Serg. 4; Com. v. 2 Griffiths, Pick. 18; Martin, Jack v. 3-12; Wend. S. C., 14 Wend. In the cases in the New York and Massachusetts reports, Courts were divided in In opinion. SUPREME COURT.

[Prigg v. The Commonwealth of Pennsylvania.] the question did cases Pennsylvania .reports, properly examination, Court, without declared arise, and its opinion of 1793. This on the constitutionality sub- noticed a few instances, other incidentally has been but ject as to. be deemed essential. not in manner are thus free from all open The questions perfectly embar- Decisions of this authority. on the score of on Court rassment us Constitution will supply useful provisions the' we' are thrown back analogies; -elementary principles for foundation of the present itself Constitution argu- to these as the us then recur source of principles, ment. /Let to its of, and it-up we are in trace fountain-head. qtiest frank of' this exposition The times call full and subject; & at had this juncture, and he rejoiced presented been before tribunal, and in the that actuated the friendly spirit parties now at the bar. He leave to one begged further prelimi- malfe ;' n before he the Constitution. opened nary suggestion, were often national viewed governments that the state and too ' their relations. Powers to each other in as hostile and repugnant *44 the other; from one, to were as if withdrawn regarded granted were called to some, who judge to the effort it be seemed ea,ch them as if they mutually-approached to treat them, between hjs This was not drawn. opinion,, with swords other as belligerents, the fathers of' He the thought, his course. would be with nor other; to each both formed one that both were essential republic, consistentrharmonious, government complete beautiful system — when, 'combined, than stronger divided: imperfect when united — links, a sand. iron; dissevered, rope weaker than would It qf to such a construction therefore, be his contend for of the purpose, (cid:127) fedeial state and Constitution as would national govern- place ments, on this solid and basis. impregnable

1. In to the first he had he would question regard suggested, to the fourth read and comment on-the second section of proceed “ words, article of the No Constitution, person these thereof, held laws to service or labour in one state under regula law or shall, into escaping another, consequence labour, but shall therein, tion be from such service discharged delivered, or, be service on claim of the to up whom párty no authority labour This due.” provision certainly gives 1842. TERM, The Commonwealth none even terms.; by implication. the general government and- duty the-states, them from enjoins prohibits simply It slaves. It .fugitive .recog- laws or regulations liberating passing for- it right legislate on. this restricts general subject, nises - ain could not at -legislate exercise If particular they manner-. and absurd to.say futile should not they it'was laws of all, pass But it enjoins description. fugitives shall particular “ This on, is on- up” duty delivered incumbent claim.” made “ States, exact mode of its the' without prescribing performance. of the is in nowise general government concerned or agency is on the and for states, obligation states; invoked. their left, untrammeled, is free this-single power perfectly cannot, fugitives restriction—-that they discharge the' authority of their masters or owners. The vested in claim of a states,.is negative in the nature denies and pregnant; the- power liberating fugitives, admits —denies particular Shall how the-general delivered power prescribe admits Should the transcend laws authority by enacting up. their states slaveholder, right remedy judicial impairing -It is here. will the acts This .instrumentality. pronounce Court the general But govern- void.- unconstitutional active. right restrain, preventive solely ment —not There restrictive are various right compel. clauses one, no Constitution-; but ever supposed, federal pro- states, the- hibition-of legislation upon gave positive right ; much less can it be that a legislate pretended, pro- of a divested- the states particular species' legislation hibition on the authority subject, transferred the general This construction government. national powers would the state annihilate- general government sovereignties n ata blow. See on this subject powers of the general Federalist, 41, 42, Nos. government, federal letters In this "4th article ;.but letter, subject *45 especially Constitution is considered. distinctly elaborately Every line,-and word, noticed; identical every very provision, this at it' slaves, omitted. Had regard fugitive entirely on the day general been to have conferred supposed - Does ? silently by have government, could it been passed thus government, tremendous for the national power arrogated 3 d 2 COURT. SUPREME Commonwealth without been case, lurk in this having provision, discovéred. Madison, ? Hamilton, keen These eyes Jay letters Federalist, were written before the adoption Consti- read

tution. were almost one. They every comments were the' letter of the identified with Constitution itself. They as a have been treated always .contemporary exposition, by sanctioned by first intellects of judicial age, popular adoption;' would before it and he felt the Court construed pause, persuaded which these Constitution, men never great into powers, dreamed of to the general government. ascribing

The reason into the Constitution, for introducing provision the best is itself Prior to the meaning. exponent'of adop- tion of the in a Constitution, form, absolutely, slavery, modified existed in all the states in Massachusetts. The except perhaps of the master to right slaves then recapture fugitive pursue existed mutual Few, any, if free could be comity: negroes was found. The that all were slaves. No presumption negroes it was the interest of was general regulation necessary; for. in the states, and aid master recapture countenance of his slave. But runaway symptoms repugnancy slavery manifested in and other began Pennsylvania states; and the southern states were that it apprehensive at might some future interfere with the their day recovery property. They from the not that guarantee general government; desired should for the of their provide redelivery government fugitive Constitution slaves, but that the Union should prohibit states from laws- them to be free. The declaring passing pro- furnishes this vision of the Constitution consideration gua- intended for more. See 2 Elliot’s ; rantee never Debates, Mr. Madison’s and Governor 335, 336; Randolph’s speeches in Had the states convention. Virginia demanded southern that the than this had guarantee; they required more simple of the states to the mode of surrendering prescribe up we .slaves should know exclusively; yielded Congress but if the Union itself. might the- formation of jeoparded It'is well known the word slave” is not found Constitu- “ tion, That it was excluded on of certain account scruples' of the northern and had these convention; members of the mem- they bers been told that were represented, states depriving *46 TERM, 1842. v. .of Commonwealth Pennsylvania.] slaves were fugitive mode in which ot directing power would that they doubt masters', who can to their be redelivered of government, instrument any with indignation have rejected as this ? state sovereignty a surrender of containing abridgment at does not aim any The Constitution of pro- in the single point on this except subject, sovereignties In all at liberty. slaves them from setting fugitive hibiting their exercise of to the leaves them it wisely particulars, essential would naturally rules on this subject Different own judgment. .Less strictness of proof states. in different be established state, slave than in a satisfactory the master would be to the common is due in a state. Some be so free respect would in the enforcement or even of a community, feelings, prejudices number considerable odious in principié of claims deemed not be should If even with justice, the people. compatible those a manner to or wound sympathies outrage pressed in principle, To abhor slavery, the demand is on whom made. and the is the boast where liberty offence in is no country great his Maker. the image creature wearing of every birthright delivering up mode of of that the best judges states are citizens. to their most which will be slaves, acceptable the people that no law can suit the general spirit is evident evil, is that rational mode of all; only providing it to committing framers provided Constitution — The ten- of the states themselves. wisdom patriotism is, that the of this course of reasoning only prove dency exclusive, has not that it has no government jurisdic- general tion over this whatever. To remove possibility subject the nature however, would consider difficulty, proceed minuteness, brevity. exclusive with some but great powers construction, recognised by On every principle rational authority sense and exclusive decisions, common by judicial vested in the national given subject government three cases. only

1. When the power expressly grantéd. 2. When the government, power vested in the general to the states. prohibited con-

3. When the would be exercise of a the states power by ¿96 COURT. SUPREME The Commonwealth

£Prigg( of'a rightful power .and repugnant tradictory ..exercise Federalist, See the 32; No. government. Sturgis v. the general . 122; Crowninshield, Ogden, 4 Wheat. Gibbons v. Wheat. 1 such, classes of power's,.can exclusive Under of.these case first, in this ? Not under the for, as be inferred has *47 no such is shown, given. Not under power the already been" the- general is vested in government, no or second, for power section-, now states, in before Court, prohibited .the third, Not under for the general has been violated... has exercised' possesses,-nor any power, neither government the law in enacting of the power question exercise which the either contradictory repugnant. Th'e sup- Pennsylvania, from the nature of arising power to the. posed'incompatibility, it government; exclusive render national exerted, cannot of the existence argument wanting, foundation very at all. power that argument, as established exclu then, it, 2. -Taking’ on is not subject this vested to legislate sive authority states, respéctive it vested concur government, genera] it, solely, with independently rently, co-operatively ? to the Anterior Congress adoption on the part all control óf the mode of Constitution, the sur power prescribing to the states slaves, alone. belonged clearly rendering up it is not instrument; inconsistent away by It is not taken or the vested in Congress general go powers with attributes of is one the most necessary sovereignty it vernment; Of national law. by every principle and sanctioned recognised exists to divest No it. rightful power belongs them.still. it and the Constitution can j only Constitution forbids strip The Wheat. 2 122; 1; Dallas, See 4 Wheat. of this them power. 316, 259 3 Wash. C. C. R. ; 2 Wheat. Dallas, ;386 294; 3 of the Constitution settles article of amendments tenth let controversy. cavil beyond'all the case There part this - be the exercised by Congress, rest. Whatever may power it belongs deprived at least cannot states the Constitution. them.under this 1793, on sub- 12th of Congress February, o.f of power, exercise to have constitutional

set, is been supposed Constitution, so after recently adoption sed 597- TERM, [Prigg v. The Commonwealth of Pennsylvania.] has ever event, hardly associated with that it men intimately it has taken for examination, been been subjected .test without names and acted But even granted, .question. great cannot time cannot constitu-. want sanctify-wrong; supply now, We tional examine that act of authority: must Congress as it would have been if had come examined before Court irreverently after it was enacted.. He. not day speak would of tile occasion to ; of 1753 say, hewoUld'take history, exhibited some curious reminiscences. law famous Its origin a few words this. In the year 1791,‘-theGoverT nor of- amade demand on the Governor Pennsylvania of Virginia, for the Surrender of three a free charged persons, kidnapping' negro. tfyát the. advice of After taking attorney-general state, the governor although refused to ground comply, the‘Constitution made on him to surrender obligatory up fugi- tives from as there justice, was no act .yet directing of Congress .the mode in which it should done, he' could not and would yield the demand. The Governor of Pennsylvania submitted *48 to .President question who, Washington, after consulting attorney-general States, United brought matter whole to the notice of See 1 Congress. State American Miscel- Papers, 38, laneous, 39. That referred to body subject committee; bill the act of It ‘reported, 1793. substantially lay upon the table for a considerable and became period, finally passed a law on the 12th 1793. It is be Observed that the February, only question submitted, was the one touching fugitives from not justice, fugitive slaves. The two were subjects .compre-i hended by bill, in one Congress and the northern were states to the .agree slaves, constrained provision fugitive .relative: for the a law for purpose procuring passage providing the case of from fugitives justice. The science of has been legislative, deemed log-rolling, which (cid:127) been quite unknown to origin, appears modern 1793. There is no about Congress question power,

of Congress on legislate subject fugitives justice. demand is. to be authority, the' executive on á The u made by máde” charge, treason, &c., &c., felony, against person, who shall-flee, &e. first article section fourth Constitution expressly pre- confers COURT. SUPREME

598 The Commonwealth [Prigg v. * proceed- records and judicial .in the manner scribing there- The- right, thereof.’’ effect shall the. proved, ings' not the there is clear. But On subject .fore,, legislate that' fugitive, .matter and between connection remotest against sole to crimes perpetrated The one has slaves.. reference the-other recapture safety; peace public, .and public them Congress classed yet reclamation of private property: one on a similar made th*- for provision depend together, for provision .other.. as which, the features -of this. is-. Congress,

What are the constitutional autho contended, pursuance was'passed forevér, and which terminated government; of the general rity the states-to existed,, etter the concurrent Of .power if such right state Onthe same ? .empowers judges, magis legislate subject cases, slaves, trates, ,&c.,-&c., to take of. of fugitive cognisance the na their together judges .holding appointments to vest this ‘So far as it tional government, attempts it is unconstitutional void. officers,- jurisdiction The solemn decision of-this Court branded such attempt has. Lessee, See Wheat. with condemnation'. Martin v. Hunter’s Constitution, 114, 115, 386, Commentaries on the 304; Story’s Law, 386, Constitutional 603; Sergeant’s act, then, void,'so That far as relates' to instrumentality execution, of- Courts of- judges United of'its; framers, constitutional authority lawyers,' States. .The their work, human, thus -and bóasted like all-things, exploded; is. characterized If it even by frailty -regarded error. Constitution, conformable its execution is rendered almost the want of In a adequate impracticable-by agents. large State like with but two district Pennsylvania, judges three residing miles; hq,w hundred is the certificates apart, difficulty obtaining of removal for to be If the stale au- obviated? slayes *49 thorities cannot be aid; whát the are -upon called furnish limits- ¿nviron itothé obstacles the ? A brief season masters very make, of-trial Court, them known. He would to the suggest .will whether this act of was Congress not operative only the Dis- of trict Columbia, territories, and. wherever -had of To legislation. this extent he did exclusive intend not. to question its validi y. TERM, 1842. !). of Pennsylvania.] The Commonwealth and reasonable presumption It was fair the provision itself, authorizing act of Congress interposition of state its aware of inherent of officers, Congress, defect jurisdiction, or concurrent- aid-of state contemplated cooperative, legisla- this law of into effect tion,to not, If carry provisions why im- duties which- not magistrates could they on pose perform? under removal, given a certificate Would void-authority, to remové his slave ? the master not. authorize' Nor’ -Clearly the rescue or against would it afford him any protection escape the aid of such official To seek would authority,, slave. of his It would lead to incessant dangerous alike broils idle.. and to the inevitable peace; and disturbances public escape from his master. of the fugitive (cid:127) case, deem- legislature Pennsylvania this state-of

In. Constitution, federal Congresspursuant act of ing steps slaves. fugitive forth aid the pursuers Assembly act Th.e March, Í826, the 25th state of manner passed on stated, confer own authority he had already magistrates her the Constitution had-denied under judges,'which of Congress. describes the

¡It, in the place, offence-charged first; against then case,-and in this to define proceeds defendant mode-in -and the-state take magistrates judges .cognisance shall does the cases- of slaves. It mode change on- the claimants, nor the mode part' making proof .of removal; subordinate certificates gianting deprives simply granting certificates, but il magistrates their interference-to arrest procure fugitive, directs the,several -the on judges duty enjoins hearing proof certificates for the'-removal of the propér fugitive, granting ‘ therein does not prescribed. certain terms It touch the' act of It and leaves it’ as it stood recognises authority, Congress. this, act of are Proceedings before. vo- Assembly purely resort to Claimants it for aid, luntary. pursue direc-'. onerous, of-the act of If its Congress. tioiis discard provisions'áre under the shelter national latv. an addi is. them.. But Take -fof the..benefit remedy tional slaveholders. provided cause, a-short cut'to and what’ justice, gives them it leaves if the other their free for complain, adop- course equally *50 COURT; SUPREME ¡of. v.The Pénnsyíranía.] Commonwealth to the slave invoke, owrier In determining remedy fion ? . distance,, circumstances; character place, will be governed oy &c., own and &c., of his will proof, deafness neighbourhood, of to of advafatages. Not one act accordingly preponderance he this aGt can suffer under of Perinsyl- of inconvenience particle vania, the chance of manifold benefits,. while'he has ' n n of, form Pennsylvania together The acts of a Congress nor- conflicting any part neither jarring system, harmonious of the rightsof the-slaveholder, is careful of It operation. to' power feelings, sympathies, sovereign adapted de If laws on the pass subject the states. the power concurrefit, states slaves be cannot-control livering fugitive up acts and cannot therefore Congress; impair right the owners; states,

If .the vested in the cannot solely power case, In' federal Constitution. either impair state bid' defiance to hostile legislation. slaveholders may the south their seizing property recapturing The.mode.of under, laws, both of slaveholders, ern the. one, .Pennsylvania, summary derogation legislature law; and rigid common he confined to might strict laid down on the in either subject, the -boundaries adherence exclusion, the Constitution: but them, the other under to'-the states-themselves who this construc might require the free when it, surrender it voluntarily choose treat tion, remedial both; to be- national legislation, and' enlarged,by the-slaveholders, an extraordinary spectacle benefit among, íhosé most adversaries deeply arrayed interested see to him one óf most unac appeared this liberal policy. seized that ever the húmán He mind. would delusions countable- wonder, 'a matter'of task times*,as leave future discover -side, and zealous friends the other learned why mn ing - himself, places argument; changed Experience had not interest, advocates.the true will who not of north demonstrate all south, and-of sections Union. He‘did only, hut motives, not for instant he of results alone. question spoke To an. might these would for a judgment abide-the test appeal, of, train, of-circumstances, time with its attendant fraught illor our good country. laws on of-

Supposing subject povrer pass TERM, 1842. [Prfgg v. Commonwealth op learned the ..other side concurrent, the to be counsel

slave's that the'whole been by Congress; had .exercised contended for; fight provided 5f legislation ground *51 the act Assembly of. thereby superseded, that was states To all positions was these absolutely void. he Pennsylvania advanced, what had been answer, already would addition- the that it had not coverce had.ex- ground; Congress that whole the of.state intended employ agency pressly magistrates, states, state that done without the. legislationand not could authorize the officers, had a action of their could' right-to if they on.sqch terms they so did.not- pleased, do as. if contradict the or of-Congress. contradiction' re- was.no There on .case, course, in this and of argument pugnancy raised totally failed. presumption this, He' could not branch of the case his argument fortify

. with., the wofds quoting reason than stronger authority Justice On of-Mr. Houston -Story, case Moore. .in. Constitution, basis not fear to-let it rest. “The he did. instances similar those containing many grant powers , ,in and some of already existing governments, these the'state alsq state to state legis being importance, authority-and vital of. it-is not to that a mere lation, silch grant powers be admitted se, transfer an ex Congress, does, in affirmative per .terms qn such to the latter. -On the con subjects clusive sovereignty., of that trary,-a interpretation instrument-necessarily reasonable so never granted'are leads the.powers cqnclusion - states, unless where existing .of similar powers .exclusive power an exclusive given Constitution has expressly-in-terms exercise of a like tire Congress, prohibited states, or incompatibility.in or'there is a direct repugnancy tfie exercise of it states.” also, .the And. “In cases mot mentioned, within classes falling already unquestion seems authority able the states concurrent not Congress retain Con letter eleventh'amendment of only spirit on the stitution, reasoning.” the soundest of .general principles but upon this:

3. The .vital seemed to question in him to this.cause forcible whether Pennsylvania punish could state.of set forth negro, removal in manner purposes offence, criminal special asa when such removal verdict, Yol. XYL —3E SUPREME COURT. v, Commonweal TJie th.of Pennsylvania.] total

was made of the act disregard in. of Congress, and of her apt of He own need hardly remind the Court, that the federal Constitution provisions undér consideration, pre- “ were, “ that fugitive scribed slaves to be delivered on claim.” up” the acts the' Both legislature of Pennsylvania mode to'be directed pursued’in claim making and delivery. 'that the Constitution obvious two contemplated acts—the master,, claim delivery, pursuance it, where the found. One preceded the other; could be available to neither restore the slave to his master alone. “ Under the act might seize” the Congress, slave, but could Mm not remove without the certificate of the judge magistrate. the act 1826, Under magistrate issue his warrant to fugitive; but alone can judge grant the apprehend certi- neither ficate. Under can the master remove the slave without It is this certificate. his only legal warrant removal, and'it *52 warrant the throughout a sufficient whole Union. A forcible nowhere, is authorized or removal countenanced; on the con- removal, a law, it can under the only and trary, to according “ master, law. under the act of Congress,, seize” may the. The slave, the but of only purpose for him before taking his a judge. making but seizure; is the protected moment he He and, in defiance law, this right, pf. abuses undertakes to remove certificate, a forfeits the .protection slave without to such and as punishment law the states becomes.amenable may prescribe. the, act of who- Congress punishes, those interfere with is ; slaveholder but to the silent as the rights of of ne-

rights and of the seized, states whose wrongfully is groes territory right, violate- pretext by persons, the laws entered who those are away living under their forcibly and carry pro- clearly are left the These cases guardianship tection. article of the tenth amendments to the states themselves. and if not right; self-respect, Constitution secures this self-pro- It decided, has been demands exercise. tection, already by. violate or the disregard who Court, provisions that persons this. to state law. be made amenable of an act Congress may Works, 347. 2 This Hamilton’s Houston v. Moore, 1; Wheat. an act of is to violate is on the not principle that TERM, 60S 1842.. n [Prigg.v. The Cbmmonweaitll Pennsylvania*} óf that,, the offence denounced the the against crime state-5 the is national authority, state protected by laws not may crime. punished henee the state first aid-of case, sought defendant Prigg, slave, law to seize his both its then, mandates contempt of the act without Of Congress, fugitive removed those claim, making certificate, dqing thing obtaining arty procure the -warrant law the dignity awas This wanton- insult.to riots, of the state of and tended Pennsylvania; direetly to.produce between, citizens those disturbances, and her ill-blood an hold, that state Would it not be monstrous Maryland. of. so, leads', honest to such results, deeply which.offends citizens, not, or state, is a, óf of large portions prejudices her not as a crime may be'punished against.her-sovereignty difficult states, If. such power belong laws? do _to conceive may how arrangements of their any portion police not at any general govern- abrogated time annulled ment. A sovereignties more absolute of the state annihilation than this human be, would the stretch of power. not within Court, to the that on -ground familiar principle laws be void in Constitution, repugnancy part, deli and valid the residue. These are extremely questions reason, void for this only cate this Court will declare laws ; and Cranch, possible, Peck, in a clear cas e. Fletcher If so’ Constitution; Court will reconcile with the far them der on leave that judgment their pends policy justice, them; who Dismissing enact and considera people obey must tion, for of the states to this argumént, purposes pass laws slaves, in what delivery subject up óf 1828, does so far as punishment the act relates respect *53 the who are conflict with those of guilty kidnapping, Constitution thought He the United States or act of Congress?-. of with to con he such point'out the might challenge ingenuity utmost ‘ It only exercise reserved the of.a clearly power. flict. set all laws at naught, on this punished subject those-who thé of the slave their did more rights by examples endanger to. than, inthe the laws holders of their state’ recovery fugitives} ever had or could Such indiscreet done do. rash adopted done slaves, made, efforts to regain fugitive this defendant COURT. SUPREME (cid:127) of The .Commonwealth if. the much foment of spirit opposition in the slavery nort and if will awaken a not in, feeling persisted easily subdued of the chivalrous considerate controlled. Did stave owners of the south come themselves in of their pursuit, fugitive slaves seldom, ever, these instances if of,outrage would happen; bui them, are the often of the agents by. most debased' employed alike, character, and, being ignorant and law regardless of excite, conduct, their emotions of deepest courtesy, indig- It is such offenders that against and abhorrence. nation possi- is aimed. it question chiefly Can penal enactment ble that this Court strike down arm state authority, will order, thus to maintain and the- obser- peace, respectful. .uplifted law ? . vance thus, ^at the' is negro forcibly and removed illegally The.fact slave, side, is It is admitted the other wholly.immateriaL - legislation under- the Constitution is necessary carry on slaves into so, effect. If provision subject .this of removal cannot exist independent legislation. fact, be so slave he must be .Although yet identified such, the law be certified removal. authorize'his done, no arises. presumption slavery this Until True* “ “ a, on claim” taken before -arise, if seized” judge, will (cid:127) removed, without this judicial if sanction.' Here n The law. -the owner easel protects true point agent,, in defiance its he remove slave prohibition. until proceeds this, committed; does the crime The instant penalty is. lav/-demands its the violated' incurred; Cohstitu-. victim. the act the law, and not the contemplates act evidently tion of fugitive slaves; and he who recovery party law hand strong usurps prerogative tramples mandates, has no .right complain punishment its inflicts. verdict, admits, in- case distinctly special act. of the defendant is neither-sanctioned nor protected either the or the It was Pennsylvania. act legislature clear, believed,, as he whatever be the might therefore opinion Court question states broad fugitive slaves; laws mode of directing delivering up to pass case, so far it affected or-was Pennsylvania, ás of. the C.onstitu- determination, was not repugnant to involved *54 ©05 TERM, Commonwealth-of ». The that tion, and ’Court accordingly judgment Supreme must be affirmed. state said will conclusion, Johnson, In Mr. allow me to Court __ I this case on the presumption many that have say, argued -have rules of been settled interpretation constitutional great decisions; that I have and- so adopted applied them far without consuming time or they appeared applicable; abusing inquiries elaborate into their patience Court, by justice their I deemed it -to authority. address this have respectful I were a course delivering Court if in a elementary lectures law I know own and the character of Court academy. my duty well, to an I feel undertaking. too engage persuaded deficiencies, be far the learn- supplied will more my than bv honours. I ing, experience sought have confine your strictly my argument to the case and I within hope you, before n no points of essential interest scope attention. escaped my I conviction, I shall be if reiterate pardoned again trust my I that the construction- I have con- for-which Constitution - tended, true, rational, Whatever may one. just igcannot me of others, and will opinión hot plausibly alleged that-this,-construction violates of-its- endangers provisions, any power vested in either national or governments. offends no it trenches on no it sets prejudices; rights; no-example to be hereafter measures tend pleaded justification of which augment power of'the and. to general strip government, the states of their proudest attributes of It binds sovereignty. each’in its proper sphere; requisite both invests proper-’ for which were authority perform functions and it designed, divests this obligation to deliver .up fugitive slaves, which, sensitive, and-odious, harsh- almost of. feature of every painful repugnance feelings.

But let picture be states reversed.A-Deny on this of their legislate oWn subject the'preservation peace ;and the of their own soil insult and protection aggression; arrogate for the to order exclusive-power government general direct how, and slaves are to be whom alleged fugitive’ arouse restored their or hired á spirit pursuers, you masters nor till of discord and will shrink slumber resistance, that neither cancelled, obligation itself creates it be the Union 23e COURT. SUPREME

[Prigg v. The Commonwealth of Pennsylvania.]' I do not this in dissolved. menace —God say forbid I should;, but in warning'to^those who, expostulating by demanding too *55 n entitled; much, even that to sacrifice which are may they justly The various, interests dif- antagonist almost diversifieeh'aiid our here .Union, ferent sections of render a task of government no and; small caution, forbearance, and expe- Time responsibility. mode,in rience have there is but one emphatically.taught ÜS these interests can be effectually guarded which and promoted; a strict, and that is and steady, undeviating to the adherence letter of the national and Constitution. spirit The events of and invest every day, every year, the Constitution claims to our with additional veneration. seem to Its'advantages necessities, with our and of them. would spring out multiply pur course of history, tp not difficult out point, particu- which instances, lar in different quarters of the Union, influenced' interests,.have adverse sought apply opposing constnictions strict, samé on assuméd provisions, general, or latitudinarian time, principles; yet, very period constnictions brief sectional, these compelled provisions parties change their and to what respectiye ground, repudiate they-had These before considerations rébuke of self-con- adopted. spirit self-iüterest, fidence and of that, end, ádmonish us, is the en- rational, safe one, only'sound, construction alike,,with sustains all croaches ón no and which peculiar.interest, remembér, the south even-handed north justice. Let . to- the sword die the sword to-day, that who lives by may indeed, Then, we read Constitution morrow. “ would others, we rule, unto golden do benign spirit us.” should dó that they unto Constitution, to have been appear of,our.glorious

The framers not They liberties only guatded inspired. little less than into looked futurity, provided age, their own indemnities, which cpnstitutional to follow ages liberties of them— all. The at established established, or never then have been mfist Constitution, within a written freedom to intrench political day con- revolutionary recollection of the when the was the fresh day it beyond value, placing but the duty its taught test only truth,, fathers, our conscious invasion.; the reach of worthy, in a manner them, on devolved performed duty TERM, 1842. Commonwealth' ». The Pennsylvania.} trace the The most must skeptical inestimable importance. its n finger has. that he sancti- viork; and acknowledge God in Prpvidence. it in the councils fied pf our our

It is national every stage adapted condition Ocean's, advancement. From Atlantic Pacific and.frPm Mexico, stretched forth the lakes to the borders it has its:che- alike. and diffusedits blessings arm over our rishing people, '“ with our It has with our growth, strengthened, grown- was the clothes of our national swaddling infancy; strengthit the' coat of mail that of our national envelopes the giant-limbs manhood. as is our modified as condition, . Changed may seem in various matters of government policy;'the our Constitution entire, our fathers is still solid and of their Constitution descendants.

If we would it, if we preserve benefits, perpetuate would *56 must, we in its adhere with inflexible interpretation, to ten¿city that which spirit generous'and concessionin it had enlightened its origin, which now and forever must' be its breath life.' It pf is equally endangered by too straining just powers far, their crippling operation, and .the shrivelling up vigorous energies which alone make it a form of or government capable worthy popular confidence'and support.' it, To claim for what is with- held—exclusive authority on the delicate legislate subject of directing delivery up fugitive slaves, the entire exclusion . of state interposition, seems to me the rankest usurpation. In resisting I doctrine; I verily believe stand here more as the

true of the south, friend than those who honestly, erroneously, urge Court In Upon then of name Pennsylvania, in n the name of all the states—in the name of the Union itself—I against this protest dangerous encroachment on state sovereignty and.state independence. The and long on this impatient struggle trust .question, I over. nearly The decision of this Court will it at rest. put will

Pennsylvania the first to acquiesce whatever deci- sion be pronounced; and and deeply as she anxiously desires to see all the rights guarantied to her national Constitu- tion steadfastly maintained, she' submits, with a confidence knows fear, no these are rights, dear to equally every SUPREME COURT.

[Prigg’U. CommQnwea!tH Pennsylvania.] ’The high sister of this her, are judgment and tribunal. enlightened 'Mr. delivered the Justice Court. Stout opinion'of

(cid:127) This is a writ error to the Court Supreme Pennsylvania, under the of the' act of brought judiciary 1780, section ch. 25th 20, for revising- judgment Court, .the purpose in a case the construction of the Constitution and involving laws of the United States.

The facts are in error briefly these: plaintiff indicted Court and-Terminer for York of Oyer county, for having, violence, force and taken carried'away with and that county woman, a certain négro named Maryland, the'state Marga.- ret with a Morgan, design selling disposing and. intention of, life, her as a or keeping slave servant contrary for statute of March, on the 26th of Pennsylvania, passed Thát section, substance, statute the first if provides, any per- shall, or act, son from and after passing persons fome and violence or to be taken take and carry away, cause seduce, and shall fraud or false or pretence, carried away, take, seduced, or shall or se- carry away, cause to attempt or of that commonwealth, duce mulatto from any negro any part of, and intention of or selling design disposing causing to be or of sold, detaining, causing kept keeping detained, or mulatto as a or servant for life, negro such slave whatsoever; or for term his or every persons, person shall,.on abettors, thereof, be deemed their aiders conviction n guilty m not less á of a shall forfeit and than felony,-and pay dollars; hundred, moreover,' five nor more than one thousand term or terms shall be to undergo *57 sentenced servitude than seven years exceeding not years, twenty-one nor less and labour, and'sball confined to hard &c. years; kept There n at are in the statute which recited many other large provisions ,to the record, in which it is in our view unnecessary ad- occasion.- vert-upon.the present indictment;'. in ertor to.the and' pleaded plaintiff guilty which, substance, the the in

at trial found a jury special verdict, a states, woman, was slave for Morgan, that the negro Margaret .the under and life, according.:to and held' to labour and service TERM, Cotamonjvealth [Prigg v. of Pennsylvania.] Ashmore, of. a citizen certain tó a Maryland, Margaret laws ñed from Maryland-into slave escaped-and that the. Maryland; legally .that -the in plaintiff 'error,.being 1832; Pennsylvania in. Ashmore,, Margaret attorney the agent.and, constituted the said woman, to- taken and the said 1837,-caused, negro -appre- in stpte a constable, under a fugitive-.from-labour, by .a hended.as .that the said' pnagistrate; negro Penpsylvania warrant from-.a .said, the who before brought magistrate., woman was thereupon further, case-; thereupon to take cognisance refused .and .said, take, remove, negro and carry away error .did- -in plaintiff into out .Maryland, woman children of Pennsvlvania -and her and the cus- into and her 'did-deliver the said negro woman children Ashmore.- of the said Margaret Tire tody special possession verdict, was in-Penn- born children one-of-the further-finds, that woman .had after said .fled negro more than sylvania, year -from Maryland. escaped Terminer, of the Court verdict, Oyer, Upon special error was guilty York in adjudged plaintiff, county, - brought offence was in indictment. error A charged writ-of where Supreme of Pennsylvania, from that Court judgment forma, From this was, affirmed.' latter pro judg- the judgment Court.- writ error has been to this ment, brought present discuss interesting Before-proceeding very-important record, in is fit' to the cause say, involved questions. below, Court and has been brought has been conducted sanction, both of the state-of Mary hereby eo-opérátion and most state of land,'.and friendly Pennsylvania, with, have those dis view; questions finally courteous spirit, Court; -so of.this that the agitations the adjudication posédmf by had states, inter tendency both this.subject on subside, them,, conflict betweén.- -har-rpopy- rupt rest., 'qf added, It" statute opinion put at also be should qf of-1826, (as suggested Penpsylvania the bar) at has.been á view wishés passed- meeting supposed Maryland of-fugitive slaves; and has subject that,-although failed -produce good effects intended its practical construction, the.-result was unforeseen undesigned.

- 1. The -in case, arising constitutionality question -the statute .of has been most Pennsylvapia, argued elaborately at *58 COURT. SUPREME

[Prjgg of. Commonwealt!i v.-Tha in-error, have The 'counsel plaintiff the-.bar. for-the contended unconstitutional;, statuté first, that the because of Pennsylvania exclusive.power of-legislation upon has subject- Constitution, States,and of-the United matter under under the 1793, 51, which of the 12th of February, (7), ch- was passed.in that if is. thereof;, power secondly, pursuance not'exclusive of still power legislatures Congress, the concurrent exercise- actual by Congress; is suspended the statute if not suspended,.still and-thirdly, Pennsyl- this, is. case, fill its vania, applicable provisions direct the, act of and collision with Congress, therefore unconstitu- The counsel for Pennsylvania the, tional and-void. maintain all these points. negative this Court have come before in-

New questions ever which considerations; volve mort few'upon important delicate to feel at presumed pro- public large' may which moré found We have given interest: them pervading Accordingly our and it become examination; my duty most-deliberate has .state the result to which we the' arrived, and reasoning by which it is supported. more

Before, however, we proceed points immediately' us, it to'clear the Case before bemay difficulty— order well—in the Constitution, we say, exposition part shall limit ourselves considerations'which those appropriately it, to without exclusively belong laying down rules n (cid:127) -aof .inore interpretation géneral will, indeed, nature. pro- -It. we found, look to the bably, w.hen character' Constitu- itself,, tion which it objects to-attain, seeks' powers the'‘duties-, it confers, which it enjoins., and which it rights" that, secures, as-well historical, 'known as. fact many were matters provisions interests Compromise opposing that no Uniform rule opinions; can be- of-interpretation applied, does, to it even if It not demand, which'may positively allow^ in its many’modifications clauses.- application particular actual safest., And, rule óí after all perhaps, interpretation will-be :be-, found ,to :the look ‘nature and particular objects - duties, and with rights, eontém- powers, lights aids and to porary history; to-the give' just Such opera-. each words.of TERM, 1842. Commonwealth of [Piigg Pennsylvania.! meaning, their as may consistent legitimate force,

tion and the ends proposed. attain fairly secure *59 in the Constitution clauses upon-the subjéct are There two each other, in with stand juxtapósition which of fugitives, each other. are to illustrate mutually They thought have been article, of the fourth and are the second'section in both contained in charged “Á any. words: following person state' who shall flee from cripie, justice, and treason, felony, shall, on of the' state, in demand be' found executive .another fled, he which of from authority tip, to-be delivered the.state of the crime.” the state jurisdiction haying removed in one state under the heldto service laws “No person or.labour in of another,.shall .consequence' into Mw thereof, escaping from, service labour; therein, discharged regulation such .on claim but shall delivered whom- up, party or labour be due.” service

The last-clause the true that, whereof interpretation directly .is in- is well known,-that before us. judgment Historically, of this object clause was secure to the citizens-of the slavehold- states the title ing slaves, in their complete ownership- state Union into which property, every they might in. the state escape where were held in servitude. The frill recognition this title was right and indispensable to the security this'species states*, property slaveholding and, indeed, was so the-preservation their vital domestic and institutions, that interests it- cannot doubted that it consti- tinted a article, without the adoption fundamental of which-the Union could not been formed, have Its true design,was to guard > against the doctrines principles prevalent nomsiave- states, holding by. preventing them from with, or Intermeddling obstructing, .or abolishing rights owners of slaves. the general no,nation law

By of nations, is bound to recognise the state of slavery, foreign slaves found its within .'as terri- when, torial dominions, . it is'in opposition it's own. policy .and' .to infayour institutions, subjects other nations where slavery is recognised. If it it, does it is as a naatter-of and not as comity, ¡deemed matter international right. state slavery’is of: to be a mere municipal regulation; founded and limited bo the territoriallaws;- rángeoftbe This was in Somerset’s fullyrecognised COURT. SUPREME

{Prigg The v: Commonwealth Pennsylvania,] Trials S. C., State Case, 1; 340; S. C. Rep. Lofft's Harg. Trials, 79; State was decided 20 Howell's Ame-i before isIt manifest from consideration, rican revolution. that if not contained clause,-every had non-slave- Constitution at the Union been have liberty holding would have within,, limits, and to slaves,coming free all runaway (cid:127)declared its. entire, giyen against the claims them and protection immunity of their -a course which would have -created most masters; animosities, bittér' strife between engendered perpetual , therefore, different states. clause last was, import .states; íhe safety security of southern could anee-to (cid:127) have been surrendered without their endangering, them n whole in slaves: The property accordingly adopted clause ,Constitution into -the consent of unanimous framers practical of'it;. a once proof at intrinsic and: necessity.. n How, then, aré we.to *60 the clause? interpret the'language,,of amanner, The true in. such the is, answer as,-consistently words,"shall and effectuate the fully whole completely of it. objects become, If one right of interpretation must shadowy mode unsubstantial, arid- without remedial any power adequate .and to the and éndy it will attain its mode just end-and another secure upon seem, manifest-purpose; would of principles reasoning, irresistible, that absolutely the. latter ought prevail: to„construe No Court of justice can be authorised-so clause any Constitution as defeat its-obvious ends, another when .construction, the; accordant with equally words and sense thereof, will enforce ana them. protect

The clause manifestly the existence contemplates of positive, a unqualified Slave, right part owner which no State law or can regulation in any way qualify, regulate, control, n or restrain. The slave is mot.to he from discharged or service labour, state law or consequence any. Now, regulation. in without in certainly, indulging any words, nicety upon criticism said, and lafv fairly reasonably any .state or state regulation, which interrupts* right limits,..delays, postpones or. of-the owner to the the- slave, possession.'of immediate immediate labour, command-of-his service pro operates, tanto, a slave can discharge nevér question The therefrom* be, how slave is but whether is discharged'from; he much.the TERM, [Prigg

. Commonwealth of operation the natural or necessary any, by discharged one of is not quan- regulations. question or state laws state the incidents or withholding, hut or degree, controlling tity and absolute right. (cid:127)a positive positive unquali clause contains have said

We the slave, the owner in right recognition! fied unaffected whatsoever, because there is no state or regulation law by any it to be and we have or restriction of found therein ; qualification not, and cannot expressed, no insert which right are we from so when doing, fairly implied; especially estopped or the clause service puts right upon labour extent in same aftd same- as in ground every the state the slave from which and which .he was held escaped, (cid:127) this so, 'to service or labour. If then all incidents also; the owner attach right must, therefore, right slave, to seize local repossess laws of his own (cid:127) state confer him as know that' this property.; we seizure recaption in all universally acknowledged states. Indeed, slaveholding is no more than a mere affirmance of the principles common law to' applicable Mr. very Justice subject. Blackstone (3 Bl. 4) lays Comm. it down unquestionable doctrine. or Recaption reprisal (says he.), another the mere species remedy by act of the party .injured. This when happens one hath another of deprived chattels property goods personal, detains wrongfully wife, child, servant; one.’s which case the owner of the husband, and the or master goods, parent, claim may lawfully them, retake wherever he them, to find so happens it he not manner, or attended with a riotous breach peace.” *61 this Wehave ground not Upon hesitation in slightest holding, that, under and in virtue of the Constitution, the owner of a slave is clothed with entire in' Union, to authority, every sta.te seize and his slave, whenever he can it without recapture do any breach of the or peace, In any illegal violence. sense, and extent, to this this clause of the may Constitution be said properly to execute and itself; to require no aid state or legislation, national.

Buv the.clause Constitution here; not nor in- does stop deed, consistently with its professed could do so. objects, Many Vgl. XVI.—3 F SUPREME COUPT. v. The Commonwealth which, arise in. if remedy owner were

cases must con- mere seizure and he right, recaption, fined would be He redress. not adequate without be able to may utterly lay slave. He be able to hands enforce his may his. either secrete or conceal, who or withhold persons rights against local restricted as to the He legislation the slave. may toas the Courts in he of his which ownership; mode of proofs he which or the to the actions sue, may bring; shall pro- to' the slave. use delivery cess he compel Nay, to furnish inadequate utterly local legislation may appro- no rem, redress, authorizing process no specific priate slave, leaving owner, at best, not repossessing mode of to secure—a designed which the Constitution that right specific slave, mere but a remedy delivery repossession insolvent against persons utterly damages; perhaps bemay silent on the legislation entirely worthless. remedial framed with dif- ordinary process and its whole subject, bemay as well as .innocently views objects; ferent state is done, and has every perfectly competent, since designedly the remedies in its own the exclusive prescribe judicial well as the to limit time as mode tribunals, and to redress^ cases, over own and its deny jurisdiction policy own either or discountenance. institutions prohibit therefore, clause of Constitution had If, at tlfe stopped without right, recognition mere providing contemplating means which established and might enforced in cases itself, it is it did not execute plain where that it would have, a delusive variety cases, great empty annunciation.' If it ahd not contemplate any did state or through national action.either to its more auxiliaries perfect 'legislation, enforcement in the then, as form of or of there remedy, protection, be no would duty to aid would be left on either right,-it mere comity to act as should the states please; would for its depend course of security upon changing, public- muta- opinion, tions of and the public policy, general of remedies 'adaptations -to the lex according fori. purposes strictly this leads consideration And us to the of the other part “ clause, which at once implies guaranty duty. says, But be delivered (the slave) up claim of the party- shall . *62 TERM, 1842.

[Prigg v. Commonwealth of be Now, or labour due.”' we such service think it whom to difficult,if not read this impracticable, language exceedingly some, it feel that farther contemplated not to remedial re- be at that which administered the hands might than dress claim is be.made. What is a claim ? It is, A himself.- owner some sense, a demand matter as.of rightmade juridical in just another,, to do or to forbear do one some upon person limited, mote at duty. as a matter A the same or thing an Lord expressive time definition equally given by Dyer, Plowden, it Zouch, 359; equally cited Stowell and is applica- “ case:. that a is a to the claim a man of present challenge by ble of a he has propriety ownership thing, in posses- sion, but which is from him.” The slave is to detained wrongfully tp be ? the claim. whom delivered In be delivered qp By Up ' How, to be delivered ? if a takes up what mode refusal place, to be ? ? delivery is the enforced what Upon proofs What shall be the evidence of a ? rightful or delivery recaption When what and under circumstances shall-.the possession obtained, it is owner,,after conclusive so as right, further any preclude inquiry examination local .tri- into.it otherwise, slave", bunals'or while owner, possession is in transitu to the from which state he fled ? " , These, and many questions, will readily occur upon slightest attention clause; it is can that they obvious receive but one satisfactory answer. aid of They .require legislation protect right, enforce' the and to delivery, the, secure the .subsequent possession If, indeed, slave. guarantees. Constitution and if right, requires delivery the owner, claim of cannot well (as doubtéd,) is, inference natural the national certainly is government with the appropriate clothed and functions authority to enforce The fundamental it. to-all cases of principle sort, applicable seem be, would that where the required, are . end means where duty enjoined, ability the. given; perform to exist on the conteniplated functionaries to whom it part is entrusted. The clause Constitution, is found in the national not in state. does not out any state func- point tionaries,,or action to into effect. carry provisions / jand therefore, states cannot, them; to enforce compelled COURT, SUPREME The Commonwealth of Pennsylvania.] *63 be deemed an unconstitutional of might

it exercise the power well to that the are bound insist states to provide of interpretation, into effect the duties of me national government, to carry means or intrusted them delegated nowhere by Constitution. On the not the' natural, the if. necessary is, the contrary, conclusion the .in the national of positive government, provisions absence bound, the own through (cid:127)to contrary, proper departments, executive, or as the case may require, legislative,'judicial, carry and duties it rights all the imposed upon by into effect the Con- Madison, Mr. remark of in the stitution. The Federalist, (No. 43,) “ seem, such cases to force. apply would A peculiar right a and where else would remedy; the (says he).implies remedy than where it deposited be ?” Constitution deposited, shows, as the context of government the United meaning, States. a claim then, owner,

. It is that where is made out plain, of a it must made, of for if possession, delivery slave, at ,as áll, other inasmuch against is a person; right some of being asserted capable recognised property a before Court between adverse to justice, parties proceedings sense, constitutes, in strictest other, each it be- controversy" “ tween the and case under the arising Constitution” parties, States; thé United the express delegatiomof judicial within power that, then, that -instrument. call Congress, may given by power into for effect to giving activity very purpose right; so, may and if mode and extent it prescribe'' then in which how, and under what shall be circumstances the applied, pro- protection shall'afford a complete ceedings, the. guaranty right. view of.the very táfcen

Congress duty has 1791, early As national-government. >year attention we it, shall (as was drawn to more fully hereafter of some under the seé,) consequence arising difficulties practical from into justice other clause, fugitives escaping respecting deliberations; was the passage The result of their states. which, 51, ch. after 1793, having, act of 12th of February, (7,) the base fugitives. sections, provided in the first and second through to be made delivery from demand justice found, are state where they executive authority TERM, Pernlaylvahia.] v. The Commonwealth section, á when provide, person proceeds, .third hel<J in, labour or service shall any States, United escape into otherpf states or td whom such person territories/ due, or service or agent attorney, em- hereby labour seize or arrest labour, Such. from and take powered pr or her before Circuit Courts judge him district or States, residing being state, United within the or before any of. a or county, town magistrate city, wherein such corporate, shall seizure arrest made; or be. to the upon proof satisfaction such evidence of judge magistrate, either.by affidavit, oral so that the seized or &c., arrested, under the person laws of doth, the state or he or owe territory she-fled, service or her, labour him person claiming duty shall .to thereof such judge magistrate, give a.certificate *64 claimant, his which or shall agent attorney, be sufficient .warrant pi the said fugitive for the state removing territory from labour/to fled, he-or she The fourth a from section provides, which penalty shall, who knowingly willingly obstruct' against any person -claimant, such his of in so agent, hinder or attorney, seizing labour, such from rescue such arresting, fugitive fugitive from arrested, or his so claimant, agent, attorney or who when harbour or conceal such after notice that fugitive shall such/' to the labour or claiming service, saves person and it also of such action for'or on account injuries. right cover, thé sense, truly a this bé said wholé may In act general Constitution, fugitives both justice, ground as. - -both the in its enact is, subjects, that it covers' slaves; the remedies which bemay it exhausts ap- not because ments 5 n . if the rights, provisions to enforce by Congress plied attain Con object not to found shall act in practice out fully all modes attain it points because stitution; but discretion, have yet in their Congress, objects, those ing of the Consti the exigencies to meet or proper deemed expedient n seem, would so, upon just principles then it If tution. constitutional, of Congress, if the legislation construction, that and by subject; sanie upon legislation supersede state must a consti if it, Congress For implication prohibit necessafy- do' actu they subject, and a to regulate particular tutional power it cannot form, and in certain manner, ain given it regulate ally 3 2v SUPREME COURT.

[Prigg v. The Commonwealth of Pennsylvania.] be that the legislatures have interfere; and, state as it . were, by pf way complement legislation Congress, and whát prescribe regulations, additional deem they auxi may for the same In liary provisions such a purpose. case, legis it Congress, lation in' what does prescribe, manifestly indicates that it does not intend shall farther any legislation there that Its as to to act silence what it does subject-matter. not upon do, is as what its intention is as direct provisions expressive by Court, it. This doctrine fully recognised made was 21, Moore, 1, 22; Houston 5 Wheat. where it the case of Rep. held, where have exercised Congress power expressly Constitution, it is them over a particular subject given Congress to add provisions competent legislation the will of upon for that the whóle Congress upon subject; what it had not declared, is as established subject clearly what,it has expressed. unconstitu- the act But has been argued, of the. enu- fall within tional, scope because does not ;.and body to that therefore powers merated legislation confided structure, the it is void. and technical of its «artificial Stripped are se- exclusively this, that although rights, comes argument the national or duties are by> exclusively imposed cured these or to rights, enforce government, yet, unless among express powers execute these duties cah he found Constitution, remain without they legislation enumerated of Congress; means of effect giving by any them be their however defective operate vigore, must solely proprio sense, be- they may even in a nay, although, practical operation; *65 them, to enforce remedy come from the want of a a'nullity proper the true or to If this be interpre- their violation. provide against attain tation fail Constitution, must, measure, of the it in a great fo rights, of its avowed and many objects security positive , of the construction and Such á limited duties. recognition correct, either in Constitution has never been yet adopted that Congress or No one ever theory has practice. supposed or enact could, powers, exercise legislation, constitutionally, by Constitution; but laws to it beyond delegated powers were neces- has, on occasions, powers various exercised expressly rights effect and us to into sary proper carry means JANUARY TERM,-1842.

[Prigg c. The Commonwealth of Pennsylvani. ] duties expressly enjoined thereby. end being given, been deemed a has just necessary implication,' required, it are also; or, to in accomplish given means words, as a means to flows accomplish the power end. necessary the Constitution has Thus, example, although for declared that shall the states apportioned among according representatives numbers; and, federal for this it has purpose, their respéctive to law, to for an Congress, by authorized enumera- provide expressly to ten years; appor- every yet power- population tion made, after this enumeration tion nowhere representatives it' has given Congress, among express powers found from the as irresistibly flowing duty beeni acted upon always Treaties made between the Constitution. enjoined positively often contain special pro- foreign powers, States the United themselves, but the interpo- execute require which do .not visions, has effect, Congress them into Congress sition carry although the subject; yet, cases, legislated constantly, the consent of executive, with is given the power is nowhere in terms positive treaties, senate, make laws to carry to make stipulations Congress upon conferred to result from the It has supposed effect. . into treaties .been all to fulfil obligations government national of the duty are, Congress representatives The senators treaties. ex- and breach treason, peace, felony, cases, except at the their attendance sessions there- during arrest empted from the same. not returning May to and Con- of, going a writ of habeas authorizing right by corpus, enforce gress clause arrest in violation of this an illegal them from free then the to enforce not, specific remedy may ? If it Constitution states; the local legislation it must exclusively depend own or their according varying refused granted may that the pri- also declares Constitution policy, pleasure. unless,- shall be suspended, habeas corpus of the writ of vilege re- invasion, the public safety when in cases of rebellion to secure.this it. given No.express power quire cases, suspend in the' non-enumerated o-r invaluable be dif- And it would writ in of rebellion invasion. yet cases is usually provided ficult to since this' writ of say, liberty great effectually and can be ordinary legislation, functions *66 SUPREME COURT. [Prigg v. The Commonwealth of Pennsylvania.] in this only way, not to provided ought be deemed By that.it implication within of necessary scope legislative Congress.

(cid:127) cases are way of put merely by illustration, to show These the rule of insisted at interpretation, upon- argument, quite too for the provide .ordinary exigencies narrow of the national in cases where are government, rights intended be absolutely secured, and duties are positively enjoined by Constitution. 1793, now under very consideration, áífórds the- most-conclusive proof has acted upon dif very that. ferent rule- of interpretation, and has that the supposed right well as the duty legislation on the subject of fugitives from justice, slaves was fugitive within the of the scope constitutional (cid:127) conferred on authority the. national legislature. In respect fugitives justice, the Constitution, although expressly pro vides demand shall be made the By executive authority . of the state from which the has fled, silent as to the upon whom the party demand -is to be made, and as to the mode in which it shall be made. This silence very occasioned embar (cid:127) rasments in at enforcing duty an. fight early period after the' adoption Constitution; produced hesitation on the executive part authority Virginia deliver aup fugi tive from justice, the demand uppn executive Of Pennsyl vania, in the year 1791; and as we know from historically of President and the message Washington public documents of that it was the period, immediate cause of the of the act passing 1793, which- designated state person (the executive) upon whom- the demand should made, and mode and proofs b.e and in which- should be made. From that time down to upon hour, not a doubt has been breathed consti present of this executive in the part tutionality every act ^ . has acted and admitted its validity. Union constantly upoñ mode as to their Yet are duty dependent, the. the. that, but for execution, o'n the act of Congress; solely and. the. execution would a nominal fight passive remain duty; one in particular, to and no being required intrusted This acquies very it. be at persons might disregard libérty-to functionaries, cence, circumstances, highest under such opinion universality most decisive proof 62l TERM, 1842. The Commonwealth *67 Constitution; act is founded in a construction of the just inde? a the it to as con of vast which pendent influence ought who those were its temporaneous provisions, exposition, framers, immediate its adoption. connected with intimately the The of act validity same uniformity acquiescence (cid:127) of 1793, upon subject-matter, part slaves, until has the whole Union throughout prevailed, a its nature and. recent comparatively being Nay; period. character more into contro brought readily being susceptible, former, in versy, enlisting and-of than the in justice, Courts opposition it the of some and it feelings, maybe prejudices been portions naturally has states; non-slaveholding brought Union, under' and adjudication in several states particularly York, New and Massachusetts, Pennsylvania, andón all these has been-affirmed. its validity occasions cases cited at Rawle, Serg. 5 bar, Deacon, v. and Wright 62 ; Glen v. Martin, v. 12 Wend. 9 Johns. Jack Hodges, 67; Rep. Rep. 311; S. 2 Griffin, Pick. C., 12 Wend. Com. v. 507; and Rep.

Rep. 11; are far directly point. So as. judges Courts of the United it, enforce Statés have upon been called to. believed, and to grant the certificate it is it; required has been uniformly recognised law; as valid binding circumstances, imposing constitutional such if duty. Under the question were construction, one of-doubtful ac long quiescence in it, such it,of and such contemporaneous expositions extensive and uniform would in our recognition' validity, judgment entitle qt rest; be. considered unless question indeed the is tó be delivered of the Constitution interpretation over to doubt the whole interminable throughout progress - legislation, and executive, Congress, national operations.. and the judiciary have, occasions, acted upon upon various as a sound and reasonable this Court doctrine. Especially did in the cases of 299; Stuart 1 Rep. v. Cranch Martin Laird, 1 Hunter, Wheat. and in Cohen v. Common Rep. 304; wealth of Virginia, contempora Wheat. Rep. 264; rely, upon neous expositions of Constitution, acquiescence long it, with great confidence, in questions highly discussion interesting important nature.

But we do not ground wish our present opinion rest upon SUPREME COURT.

[Prigg' v. The Commonwealth of Pennsylvania.], of- contemporaneous exposition, long either acquiescence, or do we action; even neither mean admit practical the ques- nature, of a doubtful tion therefore properly calling such, On aid our considerations. contrary, judg- if would be the the question ment same were new, entirely act of were of recent enactment. hold We in all its act leading clearly provisions, and, constitutional indeed, with of that confers exception part authority to be free state from reasonable magistrates, doubt and upon to, stated. As grounds difficulty upon authority already state so conferred while a difference of magistrates, opinion existed, and exist still on the states, has in different point, it; are bound whether none en- magistrates *68 choose, state if this Court that by magistrates they tertained may, state, unless prohibited by legislation. exercise that,authority, ' whether the of is, remaining question power legislation The in the national or subject government, exclusive upon is exercised In until it our states, by Congress. cdncurrent (cid:127) to shall now state briefly and we proceed is exclusive; it opinion Court, The doctrine stated by our reasons for opinion. that contains 122, 193, the Crowninshield, 4 Wheat. Rep. in v. Sturgis consideration, which is applica sole rule or the true, although ’ Mr. Chief Jus “Wherever,” said subject. to this particular ble “ Court, the the terms the delivering opinion Marshall, in tice Of the to or the nature Congress, which a power granted in exercised, n power Con by that should be exclusively it require the state completely legislatures, the is as taken subject gress, of the power, to act.” The nature had forbidden as if been they it, as are then to by important the true to be attained objects and exclusiveness, the considering question in weighed, be in granted. words which it is state, to been In material has (what the first it is already place, to and seize retake right hinted incidentally at,) slaves, whatever state up, and the to deliver them duty found, Union and of course corresponding means to enforce the power use appropriate and right and duty, obligation derive their whole exclu- validity and are there, from the sively States; the United Constitution for first in that cha- time, peculiar and established recognised TERM, 1842.

[Prigg Commonwealth Constitution, no state had Before adoption racter. within its subject, over own except whatsoever .the power bind the or could not limits, and sovereignty territorial legis- right states. Whenever the was acknowledged lation of .as a state, it was matter of and comity enforced the duty moral, strict á or interna- not as matter political, and favour, Under Constitution it recognised obligation tional duty. (cid:127) and the whole absolute, duty, pervading an positive, force, uncontrolled and uncon- an equal supreme Union with is, or state legislation. therefore, state trollable by sovereignty a new right, sense and positive independent comity, in a just limits, bounded no state institu- to no. territorial confined deducible,'from-this con- natural tions inference policy. the absence is, delegation any positive certainly sideration that it state to-the belongs legisla- legislatures, national to which owes its government, department tive would be It. strange anomaly, and establishment. origin construction, national government forced suppose duties and due fulfilment rely meant its own proper secure, upon legislation; intended rights fortiori, it would more objec- A riot Union.. tionable to that a which was be the power] same suppose be confided to state throughout Union,-should sovereignty, its-own which could territorial beyond limits. rightfully not: provision In the next .'place, objects nature - it, should be attained' that it controlled one require ac,t same will, system the same uniformly *69 If, then, the Union. states have throughout regulations to Congress, a in the absence of legislation upon right, state at to each such liberty prescribe just subject, regula- its local and local convenience, tions as own policy, feelings. suit only one The state be may from, legislation different with that and another. The utterly incompatible repugnant of the remedy; and time, mode, proofs and limitation thereto, bemáy all other incidents applicable prescribed and title,, or disclaimed in another. state, rejected which are One in one to sue in one mode, another in a owner dif- require state may make a statute of One state limitations as to mode.. may ferent and tribunals, andther its own short in remedy, summary; SUPREME COURT. .624 t). The Commonwealth of Pennsylvania.] proof?: and period; yet some prolong nay, may restrict refuse to act at may utterly upon subject all; and others states rem, remedies in its Courts because refuse open their own institutions, with domestic policy, would interfere never, therefore, would in a right, practical habits. The or in all the states. It would nó unity-of be the same have sense or be enforced duty uniformity operation. purpose, might retarded, denied, states; .others;. some limited and in or in com- if not in alL like these Consequences in many, must pulsory foreseen occur very likely non-slaveholding been .have in the. if and states; subject, where legislation, purely hot silent to be . favourable to the Scarcely presumed coidd voluntary, pwner. exercise fights slaveholding

It is that the states would scarcely conceivable been with satisfied leaving non-slaveholding legislation the absence states, regulation,'in Congress, power a ..of or power which would amount might .practically destroy therefore, owner. If the of a argument, concur- rights states ift the subject-matter rent to act upon ab- wellfounded; then, if legislation by Congress Congress, sence if the act of should be all; never acted at repealed hád substitute, there without would providing resulting authority the whole at its subject of the states to regulate pleasure.; each put own remedial withhold it at its justice, to dole pleasure. and own views of and policy expediency according'toits Surety- a state never could have been intended, of things such hand, and. On other con- guarantee right duty. a solemn as exclusive right Congress, strue of legislation every evil, and are' duty: vanishes. every danger co-extensiye , operation in remedy through- then uniform same has security, the whole The owner out Union. exemption regula- same remedial .the 'justice, same states he howeyer may pass and control, many tion through, own transitu, his his domicile. possession, slave the' state' passes But, the moment supposition, of another line, he becomes to the laws sovereignty, amenable the exercise delay whose regulations may greatly embarrass the state to those of \yhere of his fights; and even be repugnant like these show that Consequences he first arrested the fugitive. *70 TERM, . .625- v. Commonwealth that; require, imperiously and provision objects nature exclusive of to construed effectual, it make shouldsbe to Sturgis Court in the language We adopt authority. has never that “it 193, say, 4 Crowninshield, Wheat. Rep. extended of legislation the concurrent power supposed been states has not. exercise by in which case possible every n .of such practice The confusion expressly prohibited. been the confu in know no case which we And would endless.” thereof, could and mischiefs sion and public inconvenience more, than the present. completely exemplified upon all, means which reasons, but no some of the These are to be exclusive this subject we legislation on hold possible miscon- however, in Congress. against guard, To. are by,no we state, that struction our views, proper of to doubt whatsoever be understood 'means manner virtue dtates belonging interfere with police power n That over of their general police powerextends sovereignty. states; limits of the and has'never subjects within the territorial distinguishable been conceded States. It wholly United now under con- from secured duty provision sideration; and secured which "is derived from exclusively, States, Constitution of United and dwesits whole there- efficacy to. We whatsoever, states, entertain no that the doubt in virtue of théir full general arrest and police possess jurisdiction power, restrain them slaves, borders, from their runaway and.'remove against otherwise to secure themselves their and evil depredations in cases of they certainly may example, idlers,-vagabonds, dp owners of slaves are paupers. rights with, regulated by no sense interfered just course; of this eases, the many operations police-power, although de- for the signed essentially for purposes, protection, safety, state, may essentially peace promote aid interests But such can never be regulations owners. permitted .to the jüst rights to obstruct interfere with owner to reclaim slave, the Constitution of the United States; derived aid by'Congress and enforce the prescribed remedies ' same. the act opinion these we are grounds, Upon Pennsyl- vania this indictment is unconstitutional founded/ G Von. XVI. — 3 SUPREME COURT *71 [Prigg Vi The of Pennsylvania.] Commonwealth void. to as a offence and purports public against punish state, the a slave act of and very master, his seizing removing by the Constitution of the designed to jus- which States United this fact, and the uphold.. and finds State tify special verdict Courts rendered the in error judgment against plaintiff upon must, therefore, reversed, verdict. That judgment the cause Court of Pennsylvania; remanded with Supreme directions to into of this judgment effect the Court rendered carry favour, the in verdict error. special in upon plaintiff Mr. Chief Justice Taney.

n I the the Court, that law opinion pronounced by concur of error was Pennsylvania, in indicted, plaintiff is unconstitutional and void; and that him judgment against must be reversed. questions But as the before us arise upon construction of the Constitution of the as I do States, United not assent to all the contained de- principles opinion just livered, it is to state the on which I points differ. proper

. I agree in all that said in relation to the of entirely .is right the master, virtue clause by the third 'second section of the fourth article the United to arrest States, Constitution his slave state wherein he find him. He has iri any to take of him him right-,peaceably, possession carry away or from a judge without certificate warrant of the District any States, or from or Court.of United any magistrate Circuit him, or obstructs is state; and whoever resists a wrongdoer: state láw'which to every proposes directly au- indirectly void, or obstruction is null and and affords thorize resistance or the officer of the state who justification no individual of thé master given acts under it. This right being Con- States, nor a stitution of United neither state legisla- it, ture can law or restrict it. regulation impair I concur all that is the opinion also-in contained concerning in. power Congress protect citizens slaveholding, .states, inthe and to provide law right; an enjoyment effectual it, penalties enforce those remedy upon inflict shall who and no state authorized to violate provisions; with any law, in' conflict in pass any respect comes provided by Congress. remedy TERM,

[Prigg The Commonwealth is a constitutional 12th, 1793, exercise of February act ‘ requires state law which every master, this power;' officer, tribunal state be- consent, go his' before against or which ; authorizes property take fore he Can his possession he is him, with when re- interfere peaceably officer to void. state, unconstitutional it from the moving Court, I But, goes further, as understand opinion a remedy that the provide and decides- laws the sub- and that all Congress; vested exclusively since the state, adoption Constitution ject passed void; even were although they are null and States, United in the exercise of the owner intended, faith, good protect any degree and do not conflict rights property, *72 of Congress.

I do not this as involved in-the consider question necessarily case before us the under which the ; for law of Pennsylvania, with. in 'is in the plaintiff error was conflict clearly prosecuted, of Constitution of States, the United as well as the'law Court, But of is in the question discussed opinion Ias do reasoning by not assent either to which doctrine it is maintained, my objections. briefly I to state proceed very

The the Court over of maintains that this opinion state, is so vested in no- subject exclusively since Congress, law in relation to Constitution, of can any the .adoption pass delivered,'the other to the words, just it. according opinion In for the from interfering purpose state authorities are prohibited the reco- of of the master and him in. protecting right aiding " I the states are not prohibited; his think very of pr'operty. that; a, on the it is them as duty contrary, enjoined tópro- tect and owner -the when he is obtáTn support endéavouring , of their his within terri- possession found property respective tories. ‘ not, in in the used Constitution does language my judg- construction, ment, the Court. it con. justilythe given tains no words from passing states laws to prohibiting several enforce in to make right. They are terms express forbidden shall it. regulation that But there the impair prohibition stops.. And \ settled rules according of construction for all Written instruments, the confined prohibition inju- to laws being SUPREME COURT..

[Prrgg’ Commonwealth laws right; pass rious to power- support enforce (cid:127) And words the article it, is implied. necessarily that the “shall be delivered seem fugitive up,?’ direct evidently as a duty upon impose people several designed into execution, states to laws iii pass good faith, carry com- the. into -which pact entered with they thus each solemnly other. The States, Constitution article the United and clause and,every in is it, part of the law and is every Union; law. The paramount therefore, to seize right master, his fugitive slave, of each no state has state; law power' it. not a state abrogate alter And why may protect its own law ? right property, acknowledged by paramount Besides, the laws all other con- states, of the different in cases* protect states their stantly the citizens in rights pro- tories; when is perty, found and no within their tern respective one doubts their power so. And ex- absence to.do press I no reason prohibition, perceive for establishing, by impli- cation, a different rule this instance; national where, by,the compact, existing right an property recognised of . state of the every Union. npt I do speak of their masters take voluntarily slaves whom into a state. That case non-slaveholding is -not before I us.. the case for in the Constitution that speak ; is to provided casé who has from the service escaped .say, owner, and who/has taken refuge and found another state.

Moreover, clause of the we Constitution of which ate . the. to be a does not distribution of the of rights speaking, purport which certain enumerated of sovereignty by powers government n and are confided to the- legislation exclusively States. -It United. does deal that subject. not It provides merely rights for the of states, individual citizens of different and them places the order more protection general government; of effectu- to are ally guard them from invasion the.states. There by clauses in Constitution which other rights are individual for and provided in like it never has manner; secured and been suggested that the -states could not maintain them, uphold because they were the Constitution of guarantied United by States. On the duty held to it has always contrary, been TERM, The Commonwealth Pennsylvania.]. to them; the states enforce action of -the general necessary has never been deemed government to resist except their violation. prevent Thus, for Constitution example, provides no state shall (cid:127) law impairing This, contracts. pass any obligation like is an question, individual right, under the right placed the general And in government. order to secure it, protection a law a writ passed authorizing of error to the whenever the thus Court, secured to right Supreme individual and denied to him in a is drawn in State Court. question, And are this admitted to all state laws be void. impairing right Yet has no one ever doubted that laws to may pass enforce contract,-and may individual obligation give full benefit so right guarantied him the by Constitution, without for waiting legislation part Congress., the same be done in Why may relation to the thing indivi- dual under consideration ? now right Constitution United States

Again. declares that each state the citizens shall be entitled to all the privileges and citizens states. in the'several And immunities of these although immunities, are for under the privileges greater safety, placed the states general government; still guardianship may by their laws and in their tribunals and enforce them. protect They have not bfit it is a power, them only duty enjoined upon by provision Constitution. now right individual stands on same question, words, similar grounds, given to be ought governed (cid:127) the same óf this principles. obligation rights protect The. description the several states as a imposed which duty are bound to 'they and the extends those perform; prohibition laws which intended to be secured. only violate

I cannot understand the rule construction posi tive and certain for the individual express stipulation 'security in the' is held to a' states, several rights prohi property imply the states bition laws to them. pass-any guard protect The course after the pursued government general adoption true Constitution, my confirms opinion construction.

Nodaw right, passed by Congress give a'remeSy g 3 2

630 SUPREME COURT.

[Prigg v. Commonwealth ears after-the four nearly y until Constitution went into operation. time, master was Yet, during period undoubtedly en- of his find wherever he property to take possession titled might of this was left to it; altogether 'and protection state to it, In exercise he attempting was authorities. continually or the force; to be resisted-.by superior fugitive liable might be some one who would in the refuse to harboured deliver house not state could authorize if a officers, him. And its upon the aid, to come his application, guarranty master’s contained little very rVaS value. practical Constitution- is true But as he damages. would, sued ffir most might com- iri where the a stranger place be monly, found, the names able to learn of the not be even wrongdoers he might ; them, in discovering they might he succeeded prove and if he would events, At all damages. compelled unable pay suit, expenses prosecuted to encounter at a costs dis- home; and to-sacrifice his own the value perhaps tance from obtain endeavouring compensation. his property mode in which is riot the Constitution This intended-to nor is this this the kind of right; it in- guard important remedy delivery itself—its give. property tended proiript and was delivery plainly immediate required, intended to. —is secured. authorities are absolved the-state if Indeed, obligation sé" stand violated without' right, to protect it, the act to defend effort de scarcely an' The state officers remedy. of a mentioned the name serves to execute duties imposed upon bound them law are so, or are to do to do required ctreose so unless Congress, hag and the state; legislature power, if it law 1793, act of therefore, them. The must prohibit thinks proper, the officers npon execution altogether United depend tne mas'ter mustrtake it. And the fugitive, named in after States of the District or Circuit him, before judge he has seized Couff, state, and-procure and exhibit his from the residing proofs, in order obtain the ownership, his certificate of protec judge of Congress tion in removing property pro fesses to give. one district there

Now, many judge, states TERM, *75 v. This Pennsylvania.j Commonwealth have, there are nine which. the only judges states Supreme within them. The will Court residing fugitive frequently his a distant the residence of owner in from by place very found these removed beyond either of and~would judges; certainly be to rea,ch, before warrant could from judge be. the procured him, arrest even if the authorized such warrant. Congress But does not to a warrant to. it authorize the issue arrest judge the on 'the state authorities to fugitive; .relied evidently pro- when the only the owner in the-seizure. And is making tect is and- before the that he is arrested fugitive brought judge to take the the certificate of ownership. directed give proof, It is law to only to state the of this in order necessary .provisions show how ineffectual and delusive is the remedy provided by to to come its aid. if state is Congress, forbidden authority (cid:127) But it manifest from the face of th'at an effectual law, the was intended .be remedy act-of It’never given by the designed the master to the hazard and ex- compel encounter pense of the to the distant taking fugitive cases, residence one of of the States; judges United. for Co.urts him,-also, authorized of the- go' before any magistrate county, or town wherein the should'be city, corporate seizure "made. evidently And that it had supposed tribunal provided arrest, at .toaster place capable with furnishing the evidence of him -more from ownership protect effectually unlawful So far state interruption. from authorities regarding interfering cases of this prohibited description, Con- must their cordial gress day upon co-opera^ counted tion. state They legislated reference to support. express will remembered, And it when this was law passed,, States the- men United' government administered who had but taken a in the formation of the recently leading part Constitution. And the reliance au- obviously placed law, con thority for.the'purpose executing proves how not struction the Court given to Constitution had their, into. the construction entered minds. it is not Certainly, which it received in states most in its faithful exe- interested Maryland, for which is one substantially cution. example, .of parties to this case, laws, since continually passed- has over adoption States, Constitution of United arrest SUPREME COURT.

[Prigg Commonwealth of Pennsylvania.] well slaves from states as as her own. Her offi- law arrest them when found required cers are within her commit, are them to the magistrates required and her territory; until in order them the master has safely prison, keep public And if the reclaiming them. owner an opportunity known, are directed to be taken advertisement to measures arrest; known, if notice to be personal him of apprize states, southern frond more when fugitives And given. into Canada, to escape very endeavouring frequently pass through laws have daily these been almost coursé of territory, her execution state. But if the states are in-some forbid- part on this subject, den-to legislate exclusively *76 void; and state laws are unconstitutional and then these Congress, to be arrested, according can fugitive only provisions the. to seize is given act of law the By Congress. one his owner; no but the And if the agent, attorney; officers. . laws, in justified cting state are not under n arrest, him in and detain without fugitive, cannot prison an from having owner;, territory first received .authority soon become for the pathway fugitives the state must an open are often in the other states. For act of they from passing escaping first it the time. that owner discovers that through they absconded; instance, and in every have almost would be they were allowed they pass its borders without (if through beyond able to before master would be the road learh interruption) had taken. they

I am aware that brethren of do contem- my majority that the these do not suppose opinion consequences; and plate it seems have will lead to"them. And to' be given supposed laws, I have mentioned, similar those be might .nearly state in the exercise her by the over her internal passed powers of her virtue rémóve from her police, territory or those who, from the na- disorderly evil-disposed persons, institutions, are her peace ture of her dangerous tranquil- I it to' all the laws lity. bring would difficult' But perhaps, the- of' the- internal within legitimate. scope, mentioned (cid:127) The in order is not arrested powers fugitive always police. in from prevent dangerous person remaining- evil-disposed to' escape her anxious He himself territory. commonly most TERM, 1842. JANUARY. «. The Commonwealth that he seized near the and it borders it; happens often it, he is to leave and is state when endeavouring brought to his he can delivered owner. and detained He until

back travelling along be found peaceably public sometimes state, with and company road to another on his highway his who is abetting of a white man And escape. the protection the arrest confinement of could maintained hardly- circumstances, under such until public prison, the fugitive to his the internal owner, could be delivered necessary exercise state; justifiable powers therefore peace of police. in order to necessary, jus-

It has not heretofore been supposed laws, these to refer them to such questionable powers in- tify believed to stand local were surer police. They ternal and upon were not with reference grounds. They passed, and firmer merely itself; the state order to to the safety protection lawful owner. secure slave the-delivery state in the were performance duty They passed by. the Constitution of the to be believed enjoined upon United States. every as well slaveholding Maryland It is true that execution, clause in in the faithful interest

state, has a deep not confined to compact the obligation But question. the faith of s'tate in the every ^ is equally binding them- been regarded heretofore, my justly judgment, and has Union;- *77 all. as obligatory upon

- that part these therefore, grounds, I. dissent upon from and the obligation which denies the right the Court opinion when he is endeavour- master, to the the state authorities protect service, in pursuance right to seize ing, States; provided of the United the Constitution him given — Con- the remedy provided by state is not in law- conflict gress. Thompson.

Mr. Justice case. But in this the Court I in the judgment given-by concur the doctrines embraced able to all assent being my not to yield on my I state grounds in briefly will opinion, very judgment placed. SUPREME COURT. Comnlonwealth Pennsylvania.! in the Constitution which the

The provision present “ arises is as follows:' No- held to person or question service state, oue thereof, labour in laws into another, escaping law therein, consequence regulation shall be dis- any labour, from such service or but shall delivered charged up or, service labour claim of to whom such party may know, Art. 4-. 2. We that this due.” sec. historically, provision was the result of between the compromise slaveholding and states; and it is the non-slaveholding duty alb to indispensable object into to its real according execution carry faithfully intention.

This provision naturally divides itself into -two distinct consi- First,.the right affirmed; and secondly, derations. mode and' in which that' manner is to right be asserted and carried into execution. right secured by the Constitution, and no law requires it. It fortify strengthen affirms, in the most unequivocal

manner, right master to the of his slave, service ac-. to the laws cording under which is so held. And it prohibits the states from the slave from such discharging ser- vice law regulation therein.

The second branch of the provision, my judgment, requires legislative regulations out pointing mode and manner which the is to be right asserted. contemplates delivery slave to person the owner; not and does leave owner to his law, at ordinary remedy to recover on a damages refusal to deliver up.the property owner. Legislative in this provision, is.essential respect, for the purpose of preserving order peace good Such community. cases, in some of our parts are country, calculated excite which, if feelings law, might restrained to riots and breaches .lead This I peace. legislation, think, more belongs appropriately Congress than to the-states, for the purpose having, regu- lation uniform throughout as the States, United transporta- tion of the slave states; several through there nothing subject-matter that legislation renders state unfit. It is no objection to laws states on-the pass the. subject, that there is given compel power anywhere no them to do it. is there to law compel Congress pass Neither *78 TERM,

[Prigg v. The Commonwealth of Pennsylvania.} on The must be legislation in subject. both; and voluntary a sense of But I cannot duty. concur in that governed part of the,Court, which asserts that the power opinion legisla- exclusive; is and can Congress that no state law pass any tion into effect the constitutional on this carry provision subject; had no law in to it. although Congress passed Congress, relation 1793, has legislated on state subject; that, void, conflict with would to the according in provi- law Constitution, declares, that the laws sions which shall be Consti- States, which made pursuance in United land, in the tution, shall be law of the supreme thing This provi- laws of any contrary notwithstanding. state case and state sion meets conflict between congressional out of exist, that such cases growing legislation; implies of the two governments. provision concurrent powers under which consideration, Constitution under one mak- harmony produced by mayarise; legislation conflicting to assert of the United States. law the state But yield ing the absence all, at legislate subject states cannot that the not warranted is, judgment, in my legislation by Congress, all -.There of the provision. reasonable fair and construction by any article, in the used in this the terms nothing certainly slave, that makes legislation to surrender nature admitted, legis- to be if, as seems And exclusive. Constitu- object effect the into carry is necessary lation on the is no law there where of the right what becomes . tion, no 1793, law of pass Congress repeal Should subject ?. that staté no doubt I can entertain law on the subject, master, to his the slave restoring for the purpose legislation, Consti- the provision into execution and faithfully carry itself, see nothing provision I can would be valid. tution, which upon .policy, sound public or discover any principle void. unconstitutional be declared law would such-a to the possession the right master Constitution protects legisla- state makes void of course slave, and service of his legisla- void make does not right; tion impairing upon enlarging I forbear tion in the right.- affirmance of my grounds stated the question,but general have barely that, conclusion, against rests; guard opinion principally *79 SUPREME COURT. v. [Prigg The Commonwealth of Pennsylvania.] silence, I assent to the doctrine that all by my on this legislation is vested and that all Congress; state subject exclusively legis- in the lation, absence of law of any Congress, unconstitutional and void. Justice

Mr. Baldwin, Concurred with Court reversing of the judgment Court of on the Pennsylvania, of the Supreme ground unconstitutional; as inasmuch legislature of the slavery admitted, removed was could not removal be kid- person But he . dissented from down napping. laid principles of their grounds opinion. Court as Wayne. Mr. Justice

I concur in the it has altogether Court, of the as been opinion brother my given by Story.

In that decided: opinion 1. That the provision second section of the-fourth article of the Constitution, relative to labour, from or fugitives service the owner upon confers of h slave the fugitive by himself' right, arrest, or his to seize and agent,' without breach of committing state slave, peace, any fugitive property, and that no 'state law is Union; constitutional which interferes right. 2. That authorizes and provision requires legislation by guard of seizure arid arrest against all state .and. interference, make the delivery fugitive slaves more effectual when the claims of owners contested; are and to insure to owners the unmolested transportation slaves, through any states, from which they have fled. may .

3. That the legislation by Congress upon provision, law land, supreme excludes state legislation upon the subject; same no state regulation, can law or pass such as 'interpose regulation have been a law when the Constitution ratified,'to United States was superadd to, control, qualify, enacted by Congress, impede remedy, for the of fugitive whom delivery slaves to the their parties ' ' (cid:127) - service or labour is due. TERM, 1842.

[Prigg The Commonwealth Congress upon provi- legislation by That 4. law as a state can remedy that no pass exclusive; sion had or had not legisíaied whethér Congress subject, upon it. upon en- 1793, February, of the 12th act of Congress That

5. es- justice, persons from act, fugitives titled “An respecting masters,” remedy; their gives the service of caping remedies, may legislate which Congress exhaust not does the subject. so decided are intended interfere That the points with the manner, interfere in any *80 nor do way, police slaves, arrest and to states, fugitive in to imprison the. power misconduct or to punish their depredations; against guard in the states to which /and crimes committed them for offences have fled. they may to the case be- These so decided and points being. applied that it follows law of Court, Pennsylvania,

fore is indicted and that the unconstitutional; which the is plaintiff Court against judgment given by Supreme Pennsylvania must be reversed. the plaintiff that the of'the Court concur in the judges

Ail of” opinion law which the under in error was is unconsti- plaintiff indicted concur, of them that the also, declaration; tutional. All was a between the in the compromise Constitution provision and the to secure to .states, slaveholding, non-slaveholding slaves as All of the members of the fugitive property. former Court, too, Baldwin, brother concur in the except my opinion to that into legislation by Congress, carry provision execution, he contends that the is to the constitutional; provision gives slaves all the of seizure and rights removal fugitive owners could but he concurs if give; opinion, which legislation is that by Congress necessary, right legislate legislation exclusively Congress. difference, then,

There no as to the rever- among judges sal of the none in object judgment; respect origin obligation or the exercise it. But differences do provision, as to thé exist of execution. Three of ex- mode have judges that the pressed opinion, legislate upon states may provi- sion, in aid of the secure; it was object intended Yol. XVI. —3H

. SUPREME COURT.

[Prigg v. The Commonwealth of Pennsylvania] constitutional, when it legislation does not conflict such which Congress the remedy may enact. believe, that the to legislate

I upon the provision is ex- clusively Congress. “ is; that No provision person, held to service or .labour in state, thereof, laws one escaping another, into shall, in consequence anylaWof regulation discharged from thereinrbe but shall be service or delivered- labour, up claim of the to whom such service or labour is due/'’ party four, contains substantive or two con- clause declarations 5 and a. ditions, a prohibition, direction.

First, The must or labour fugitive under the owe service .law he state from which has second, he must escaped; n is, it. The he from cannot prohibition be discharged fled service, in consequence of law regulation of be; in which and the direction is affirmative of-an. obli- states, declarative gation upon the- .right party to the service or labour of a whom due.

. only object' have in My object,- view, in which-I what and.the is, am I about establish position' say, Congress has the exclusive legislate upon provision of the Consti- I shall tution. endeavour to prove condition of the states when the was formed; Constitution by references to the itself; generally; provision the.Constitution *81 (cid:127) remembered, it be Let conventioners who formed the Constitution, were the of representatives equal sovereignties. That were to form they assembled more union than perfect then ex- a between states under That isted co- they confederacy. into, end; same but that were divided they operated two' interests in having .parties, antagonist respect slavery. One parties, consisting states, of several these as required a which condition; constitution upon any should presented ratification, states a for full for perfect security their slaves fled into they when states of any property, Union. is not urns The fact more stated me than it plainly put in The convention. from' the representatives non-slaveholding states assented the condition.- The under review provision was proposed adopted by conven- unanimous vote It, with a tion an allowance of certain slaves with portion TERM, 1842 j The Commonwealth Pennsylvania, in-Congress,'and the whites, population for im- representative abroad, for of slaves from a were the years;' number portation a obstacles Each way forming constitution. great insisted- equally upon representatives them was. without all of them states; for,

slaveholding being provided that the convention would understood, it was well have been I dissolved, a constitution formed.- mention being without cannot be denied. I were. They nothing facts they of the world think with what a of the atti- do, part judicially, I am interesting topic. different parties upon tude of the revere the men- and was -and their mo- done; satisfied wHh what was what When the tives done. upon for insisting, politically, three to slaves Had been im- every points relating accomplished, a constitution was removed. forming in the way pediment of. called, them was in the convention, The concerning agreement in from service fugitives a .The respect compromise. provision in labour, right was called a property guarantee in the Union. The Con- slaves, wherever be found might the states .with the esented to p adoption, stitution-was under- in to slaves were a com- it.relating that the standing provisions and with such an in ; and guarantee understanding every promise state, was of them. Not a "guarantee mcrelv- adopted nation; word, but a acceptation great professional the states surrendered sovereign in which right, engagement, instrument, of that intended make making-it part of its nation, within action. The sphere provision, them one those rules of construction assented then, interpreted must nations, as obligatory ascertaining rights all civilized (cid:127)to by We shall see, how thése dire.ctly' out of these agreements. growing power the question legislation upon rules bear upon why states exclusively Congress; are being subject it. upon- from legislating excluded the states to slaves is disciiarge fugitive prohibition

absolute.-

. contain, in however, detail, does not the manner provision, secure. there it was meant to asserting .Nor nor legislation; expressed prohibi- expressed itBut does of a’ legislation. tion of provide, delivery stqte *82 be made on the claim the fugitive fugi- shall owner—that .of SUPREME COURT. . [Prigg v. The Commonwealth and labour in the tive service state from owing slave which he shall be therefrom, decisive of fled, and owner's escaping right not, however, It does to a mode provide delivery. proving is due in a case, service and labour contested nor for when- it has been evidence of the right, established, will the unmolested insure to an owner transportation fugitive, the state he states, to from which fled. But the through of a consequence is the to right convey necessary right deli- would be without the latter former. very. good nothing both, Proof if it either ownership gives gives any thing; yet number of instances right might larger unavail- it document, if were not certified some official ing, -the had been established. A certificate from an officer right author- facts, is the ized to into easiest way secure inquire ‘ to its intent. right contemplated was foreseen that claims contested, made, would be which would be Some' tribunal was them,- to decide and to authenticate fact that a necessary claim had been established. Without such authentication, the contest . in other

might renewed tribunals of the state in which the established; fact had been and-in those of the other states through be carried on his might way which the fugitive from too, Such a certificate fled. being required, protects who are not seized persons fugitives being transported. of a' securing It has the effect of the benefit lawful claim; and of of one that is accomplishment false. 'a Such cer- preventing tificate, to right slave give transport-a through state, a state cannot Its another Would be give. operation con- to its own and would be useless boundaries; fined to assert the in another I'his right analysis'of the sovereignty. provision to show that legislation contemplated given carry fully effect, into of the cases that many might occur; and to prevent its abuse when be made to might it to attempts those apply who were not me to the I brings And fugitives. point as- serted, legislate has the exclusive upon the provision.

Those who contend that the states aid legislate in can admit the full object provision, that-Congress legislate is, then, extent to it into execution. There no carry necessity for is a reason the states This should not good why they legislate. *83 . 641 TERM, 1842.

[Prjgg of v. The Commonwealth Pennsylvania.] do so. that should not they and that was intended legislate; the of the For mode asserting makes legislation by the Union; and legislation the throughout by uniform right the will and legislative states be as various as separate Would Certainly different states choose to make it. policv might was to secure, interest intended we such an as the Constitution may well think framers the Constitution to- the intended pro- admit, for law. I however, uniform- such con- by vide siderations do not the states to the necessarily right exclude. The the legislate. is, in favour of that the states argument right, are not in from express terms that the prohibited legislating, and I admit, exclusion is not further if it be' not necessarily implied. that the exists. Such is the in re- rule, necessarily implied, fight states, the the in all to cases under spect right by legislation the to Constitution when the right question legislate such. merely observed, I it to be is, first and wish

My particularly remark the that the one states to right legis- is not question only late in aid with other of this considera- provision, .unconnected true in tions bearing question. question directly upon be guarantee is, case rules shall compromise what states under construed; so obligations rights ascertained and secured.' be provision may termed raises what is admitted, properly that the provision doing á all abstain from of the states to perfect obligation upon which secured. Will interfere any thing rights may to the ob- so, if what necessary discharge part may each think to be state, is reserved each done ligation ? The to the same them, all of proper common obligation states, some extent. Its is to object secure the property Shall, citizens in property. individual their rights accord- its own way, in then, each to legislate permitted - what notions, in to its own their ing separate judgment, to those states manner the shall be obligation discharged due,? which it is states say To some of the permit was to be others, how the included property provision latter, cer- would secured assent of the by legislation, without the be, tainly guarantee, force of destroy equality..and was which it made. That equality the states was SI 3h 2 COURT. SUPREME

[Prigg v. Commonwealth representatives of anticipated states slaveholding convention, nor could it been intended by the of the Constitution. framers infer,

Is it not more reasonable the states were forming, themselves, to the extent for government powers conceded Constitution, legislative which to make given all laws into carry execution necessary.and proper powers vested it—that that the meant some of the states and to which all stipulated., acceded, should, pecu- liar nature property .which some of states only were *84 interested —be carried into execution of by department general in government which all to be they represented, were United States. this,

But is not this power legislation the states, upon a provision, claim for each use its in discretion to. interpreting manner in which the guarantee sháll be ? fulfilled

-Are there rules no founded interpretation, reason and upon nature, to to settle ,this question, secure the rights given by. obligation the provision, better than the discretion of the to parties ? Has not- shown that those experience’ rules must be to nations, conventions between in applied order that justicé may ? be done All civilized nations have consented to bound them;' and are a the laws nations. Is they part of not one. rules, of those the' one or maxim neither other the in a terested has to his act contracting right powers interpret at his ? Such is rule in to the treaties treaty pleasure respect to and conventions each foreign nations other. It applies to states one and force in equal necessity general govern united a 'ment. to states in Especially making provision to respect pro them, some has peculiar to become so perty interwoven with their institutions and in representation the general .their them, all of government that the right to such must property maintained and guarded, order to their- preserve sepárate existence, to up their -keep constitutional representation in- Such be" Congress. case, cannot there is uniformity .unless the‘law for asserting slaves; to right fugitive if states can legislate, as each them may done, think it should a remedy, by which slaves is to be property ascertained and finally concluded. Nor it does matter TERM, The Commonwealth -right exclusive of the as being which I have adverted rule it. appear does provision, the states legislate be so it must and' the rule such cases that applies,, exactly The provided.. has been expressly the contrary unless applied, rule; rule, as the is as authoritative its application mode of with the conflict without- any to the too, applies provision are not when cases, in all that the states legislate rule may The latter expressly or'impliedly prohibited- Constitution. states -from is in excluding rule no trenched upon by way one in the This only in this case. legislating provision kind property Constitution in which security particular provided, too, interference provided; expressly against of a sove surrender the states in their character. sovereign It differs from yield carries with it all its incidents. reign right in a ing participation sovereign right. government, another the latter, both The state In 'have' yielding may jurisdiction. the right, doing extent'óf retaining nothing the. jurisdiction' rppugnant the government the right by exercise which it has been fielded.

But is said, is, that is that the states for, may contended to aid the. legislate will be consti- and that such object, legislation tutional if does not conflict which Congress with the remedies enact. This is a cautious asserting right in way of the states, and it it un- seems a limitation which makes impose *85 But to objectionable. is, it that the to a reply right legislate so remedy, much indefinite over the implies power subject, and protracted continuance, such as to the mode of determin- finally whether a ing owes fugitive labour, service and that the require- ments of the without remedy, being conflict actually with-the .in ur the provision enactments of be to Congress might oppressive those most interested in the provision, by interposing delays more expenses than the value costly to be fugitive sought reclaimed. and when Ordinarily, understood, it is true rightly a the' abuse no thing argument against correctness or that, its use; can suggestion made in cases only correctly in support of a right power abstractly right, positively which has abused under the it; been or where pretence using use has proper been'mistaken. In matters government, however, a liable to be a reason abused is always goci SUPREME COURT. v. The Commonwealth of

[PriRft it. the reason withholding why powers of the under the aré so States, Constitution, United cautiously given— the states not to why prohibitions upon in express legislate certain cases were expressed why limitation the for- — mer, that the not- are reserved to granted states, the- as it powers expressed Constitution. But amendments in this, truth, additional in legislation state, case a as a acting in aid of the remedy, remedy given Constitution and 'by would Congress, be, conflict with the. practice, latter, if it be a from process it; differing though make the might mode a easier than the recovering former, and fugitive much inoré so, when it made it difficult. moré right legislate do remedy implies ability either; and is because it-does so, latter, be the that I in the states to may deny right legislate upon this it bé subject; mere ministe- aid, by unless acts, rial an owner’s to a protection slave— right fugitive of all interference with it prevention state, officers or its or an to its citizens, execute the authority magistrates law of over legislation fugitives —and strictly of character. police n the states to remedies case, in this besides legislate Admit 'such as are given and there will by Congress, be no for the security slaves half of delivery states of the Union. Such was the case when Constitution was adopted. states might good faith, legislate according notion's how their such a be tried. right property-should have They already- so, done and the act of now Pennsylvania, .consideration, .under shows, of a that the assertion to a fugitive slave is burdened entailing by provisions expenses disproportioned his value.; and that it is- asserted, only arraying claim against all of those prejudices which, popular circumstances, would be feelings against proper slavery.

-But the of the rule of propriety I interpretation, which invoked to the states exclude -legislating upon provi- sion. Constitution, becomes obvious, more -re- when it is membered that the was not provision intended to secure only individuals, property but that their rights, that' through the institutions of the states-should be so preserved, long *86 of one the states chose to continue as a itsof slavery part policy- «45 TERM, 1842. of V. Commonwealth of has been if indivi- usually argued rights The subject secured, were intended to be and-as if the only legislation duals the states would only upon rights. The framers of Constitution did -not act such narrow upon weré in They .forall grounds. engaged forming government of states; concessions of sovereign all, from without rights actual, one, of impairing within sovereignty any except of what sphere was conceded. One was,-that great all object common, kinds of as well that which was property, in all of the states; as that which was peculiar them, of should be protected in all of as well states, from interference United States, states.- by the had shown Experience that under the the reclamation of slaves confederacy, fugitive was embarrassed and and that uncertain, were yielded the states It was only intended that comity. it should be states, no so. The longer of the different them of policy some had contiguous, already become marked decided of subject There was more slavery. no doubt it would become It was foreseen, so. unless the of slaves was delivery fugitive of part Constitution, right and that the states made.a them from service was that some taken' discharge away, and, would become the refuge course, the states runaways; in to the state proportion facility certainty of-any being individuals,, so would the institutions refuge, right bound, states, The latter were slaveholding be impaired. when with the forming general states, government which there was to be a community rights privileges citizens states, all the several of their protect property citizens was essential preservation which their con stitutions. If this had not been done, property citizens would have been state, protected every except was the most valuable ain. number them. In such a case, the states would have become members of Union upon Besides, terms. unequal of an individual is not the property his, because it in another state less than that which lives. It continues his, forms' of wealth his state. part á provision, then, .slaves, respect only compre hended within general rule a species within property it before. so, the By doing individuals, and that of *87 COURT' SUPRFMF Pennsylvania.] of 'Cotamonwealth ®.T-he It continued, re preserved. was "which were /slavery'

statéS in wealth, of that which .contri states as from the a-,past mained’in ’ the -taxes laid with consent of the by raised butions were-to the a this be state’as If body the wants Owners to meet politic. states the act by their’legislation what shall so, upon upon principle well as the individual; is national and direct which as. property, without the jurisdiction, (cid:127)mode’whéü within consent .is their where, owners, the and withoüt the'fault the. the owners states reside, how the should be right ascertained and property, a is not a The case of slave like that of fugitive determined. other to determined two claim contest for between property, be. the ants the the tribunals of state where by remedy given ' a between be. is not two controversy persons property may one to assertion by person a claiming right thing, to another, upon a be determined principles in right' property such, not been intro to If provision had peculiar relation. have Constitution, might adjudged duced the states into- to surrendered the right but having right way pleased; it. to a to are' to be assume right not now discharge, they allowed servitude, a to in fugitive any to. legislate, try obligation to the conformity peculiar principles than way : Their then, and slave. in'the legislation, way master relation as well bear as. rights; would upon state remedy, individual formed, when the “Constitution was the states sure, I am “such each other. If it has give any right intended never I conclude that effect, think may rightly legislation such am J case before us forbidden states. n But a reason for the conclusion to I I have further I see that come an answer can upon point; which cannot be given. besides the of Seizure right contemplates, provision

n owner; be'made, that a claim when seizure has not been effected, or if his That the afterwards, contested.. shall that claim shall be claimant good, the.showing- by service, labour, as a owes under charged person fugitive the. which, state laws from he fled. he shall be “dis is, that riot prohibition provision, of a state” charged, regulation- law or consequence (cid:127) case,.a where in a controverted then, person he If maybe. TERM, 1842Í [Prig'g Commonwealth v. The under a shall discharged remedy legis fugitive,

charged of his service labour, fact try owing lated by of a á law state ? It is regulation not no discharged discharge question, say, answer made law discharging fugitive from servitude-; in-virtue .occurred, trial only to ascér that'the'discharge .mode tajn labour. For that is owed service and to assume, if he discharges from made prevented being provision- only hr-law, states, declaring enactment might slaves *88 not of such The admit provision-will interpre discharged. be an. that state is it answer to to say,, regulations -Nor tation. labour, a 'owes service br are whether distin fugitive ascertain such as- or would lead directly by from construction- guishable be made one if a under or the discharge’; discharge to his be a it .is discharge right wrong, discharge other —whether of a- regulation state. to and when its mean; object and the provision Tunderstand are discharge surrender the.statestof the to by right kept mind, meaning to every be, one must that the states its.obvious are not a from service a ohl-yprohibited discharging fugitive law, from they'shall make or to apply-regulations try ques- tion service. fugitive owing languagé provision, &c.,shall is,‘“No person, law.or consequence regulation - therein,” be from such service discharged words labour. “ in the effect of a consequence,” meaning em- certainly cause— to brace-regulations try right as well’as -laws,' property, Service, a directly discharging fugitive .from ' If this be not the states so, may regulate mode anof owner’s a fugitive, slave, seizing prohibiting done -being except’ warrant, officer; an thus to an denying owner right use a casual opportunity repossess himself of kind of pro which is a perty, theré do, in right to. other kinds of respect, property, where not in the possession of some one else. It may regulate quantity quality to establish the proof of an right’ -owner to a fugitive, and give and. compensatory punitory damages a against claimant, if his right benot established’ trial,

according, proof.' limit the might to particular times and Courts; give- appeals from one to Courts; protract the ultimate decision, until the value controversy SUPREME COURT.

[Prigg The Comrflonwealth Setch rights the cost of establishing'it. legis Was exceeded by slave, states to in a right in'the try property lation with that which inconsistent Iredell security, Judge surely are convention, North in the that the Con Carolina, told people to them for their slaves when fled into other stitution gave Constitution, of this clause states. In Speaking sáys, “ all of their states, they the northern emancipated (cid:127)some of there, one of our slaves and remain there a go slaves. If any laws, be entitled to their time, present certain they'would, freedom, so that their masters could not them This again. get the inhabitants of the southern extremely prejudicial would it, this'clause is and, inserted the Constitu states; prevent To the same and with Charles tion.” purpose, more-positiveness, Carolina, said to the of South in the Cotesworth Pincknéy people state, “We to recover right convention of that have obtained in whatever our slaves of -America take part they may refuge; is a we had not right before.” further, does not language provision pre- But “ shall not used, terms from such service discharged cise that the labour,” show, surrendering discharge, states to exclude themselves from a'mode-of legislating trial, meant take, from the time would would or tem- which, qualified ? Would not the-owner discharge injury a.post- porary *89 labour, service or for one owing trial of a fugitive of'the ponement n month,be service, to the owner of his to a dis- equivalent a loss n a state can that time. And if postpone by legislation for charge month, do so time ? longer one it not for And may trial for time, is it not a discharge a shorter longer-or it be whether for ? -It is no answer whatever time it service, from involved' in the that time is say, necessarily this argument,, as to a time The here is not all rights. question of prosecution as to the of a state by or less right more necessary being —but labour, to service or' of obligation fugitive try regulations take. in its the time it may to fix discretion illustrated subject- further might discussed I for- with those But cogent given. arguments, equally already to- in reasons, given hi addition those For foregoing bear. to the I am constrained come con- Court, of opinioii Con- clusion,'that the that clause in the of right, legislating upon TERM, [Prigg «. The Commonwealth Pennsylvania,] stitution, preventing states discharging fugitive slaves, exclusively in the of the United States. I am as little inclined as one l?e, can in a deny, doubtful any case, a to. in legislation states but I cannot concede that it exists Constitution in a case relating property, .some

n ofthe states in which the others have no interest; and whose from the legislators, nature of and the subject, human .the mind it, in relation to cannot be to be best fitted to supposed secure the right guarantied by Constitution.

I had intended to an account give beginning pro- gress legislation states subject; but my remarks are, so that extended, much I already must decline doing have, It so. would shown, as much as perhaps, in- 'any other stance, how a mistaken, doubtful, and exercise hesitating commencement, use, a becomes,.by conviction .of its It correctness. would also have legislation shown thé. the states in slaves, and respect fugitive particularly has most slaves, embarrassed has fugitive been recovery in to an decisions in the opposition unbroken current- of Courts states,- States. Not a of the United has point those decided, Court, been which has not cause fiow before Massachusetts, been York, ruled the Courts New and Penn-. have sylvania, Judges in other State Courts. differed to.some states have them, Courts of the announced consideration, them, with the solemnity judicial too, conclusion. In cases which the decisions were appropriate, because the the record. 'were raised points

I consider the I been more maintaining, point important than other in the of the Court. those opinion removes causes which have contributed more than disturb continuance is essential Union. harmony which' The framers so, of the Constitution knew it to be and inserted occur, ca.nnot if the judg- it. Hereaftef provision .patri- ment of this Court shall meet with the same in -this cause people otic states and the acquiescence which the tribunals of the states its' decisions. of'the have heretofore accorded to hereafter, regu'r slaves recovery exclusively will *90 lated acts States, Constitution of United - Congress. Yol. XVI. —31 SUPREME COURT. [Prigg v. The Commonwealth that states may legislate the position in all Apart cases, expressly prohibited, where they are necessary .the states to the claim for legislate impljcátion; advo- mainly that are to bound they protect cated upon the-ground free.blacks of colour them from residing carried persons being into The answer to this is, summary process. slavery by any to that end, be made legislation may- effectual, confined to without fugitive making remedy applicable slaves. There to is no making protect those propriety remedy who are means- of those free who are freeing not so. probable It is states aid .said, also remedies the- acts of Con- conflict gress, when are not in with them. I they reply, Congress full could enact that such aid give; has ex- if shows perience enactments, Congress in its any deficiency will no doubt it. If there are not now supply agencies enough make the assertion of the convenient to their fugitives owners, can if Congress them. But it should multiply not be done, better is it 'that the inconvenience should be borne, than- that the states should be into collision brought subject upon have ithey been-; and that should defi- they attempt supply ciencies, their views upon separate of what remedies should to recover slaves within their jurisdictions. I have heard it also, Suggested, as a reason the states why should, legislate upon subject, -may repeal it has and leave the remedy given, unaided provision by legisla- ‘ tion that then the states it into Be might carry execution. Con-, so; latter not .needed, for though legislation by gress rights intended to there is supports secured, energy enough the Constitution without subject, legislation ¡this protect enforce -what it gives. Mr. Justice Daniel. Court,,in as I do

Concurring entirely with the majority the conclusions the effect and vali- reached relative review, is with dity of the statute now under of-Pennsylvania from some I-am unfeigned regret that dissent constrained to principles majority passing, reasonings commpn our called conclusions, themselves have believed to affirm. *91 1842, TERM,.

[Prigg'c. of Commonwealth T^e Pennsylvania.] In judicial proceedings that has generally, been deemed safe rule of action, no involves prudent rights, questions which nor. be considered; but these necessary for adjudication leaves where, when, shall he only, they directly and ^presented. un- and when avoidably, every surrounded circumstance which with can illustrate their character. If, best in ordinary .questions of interest, this rule private recommended by considerations is prudence, accuracy,' is justice; surely more to be and. much when observed, lb which it is subject is applicable the-.great fundamental law of the confederacy: every article clause. of which affects and the of states. polity acts . Guided mentioned, rule it seems to just me that the regular action of Court in this limited to an of the examination case.is statute, . to a Pennsylvania' with the comparison provisions its third clause fourth article the Constitution,, and with the act of of. 1793, with which of Pennsylvania the.law in'conflict; and that to these alleged accomplish purposes, definition of state and general federal powers contrast governments,' majority nor requisite próper. neither of their brethren, in the have discharge duty, conscientious my ; course thought themselves bound to different pursue it. in their and distribution of state definition and federal powers, in the modes and times '.and for' the assigned exercising I that find to differ myself compelled . those powers, them. That which for portion provides recovery ofthe.Constitution slaves, is third clause of. second section of the of fugitive ..the held and is in these words: “No to service article; person fourth thereof, labour in one state under the laws into an- escaping other, therein, shall law or be. consequence regulation, any be delivered labour; from such service discharged up shall or labour- claim of whom such service party-to due.” The in the Constitu- of this clause paramount authority tion to slave, owner guaranty property and the absolute" nullity power directly indirectly, any obstruct, aimed to or to. its .openly covertly, impair right, I enjoyment; admit, I to the fullest con- nay, insist extent. tend, clause moreover, 1793, act of made in aid conforms enforcement, Constitution and as it so far and cannot Constitution law to states; is the supreme SUPREME' COURT. -652 [Prigg v. The Commonwealth them without a violation of the be- Constitution. contravened brethren these my But the majority proceeding beyond posi- assume the the clause of tions, Constitution ab'ove ground as, an affirmative quoted, power granted by Constitution, an exclusive in the federal essentially government; and and every that' exercise of consequently authority'by states at in aid time, though undeniably guarantee thereby given,,is null and absolutely void... - IWhilst am free to admit are exclusive in the powers *92 some of so government, federal them became denominated by terms of the some are express Constitution; because they prohi- bited and others their states; existence, because and much their more exertion practical the two would be by .governments, and would repugnant, neutralize if did not w ith and conflict they each other: I cannot destroy the third clause of fourth regard as article either within falling or ex- definition of an- meaning I,consider clusive Such a as and abso- power. power, originally and at all times with or association. lutely, incompatible partition thing but excludes itself. every is states, a class of which powers There vested originally the federal have transferred by theory government been latter; which the exe- Constitution of does not powers itself cute, or not in whole Congress may enforce either may to its or in views of or or it according may part, policy necessity; them the time find for executed otherwise beneficially These but concurrent, the state authorities. are not may properly dormant government; they be'denominated powers federal Congress, at time be awakened into efficient action by will that time so far as are called into activity, and from they of the states. But again course should displace pow.ers they exer- dormant, or rendered or should their be withdrawn primitive it be could never interfered cise by Congress; states existed in potentially said that because 'they properly were the states ? The therefore denied to they prosperity, constitutional rules soundest nec'essities of the country, this construction, negative to me to decided appear present even in-instances affirm, I inquiry. am Nay, prepared state which wherein legislation Congress may legislated, would be unconstitutional or strictly improper. ancillary, TERM, 1842. [Prigg v. The Commonwealth which Í contend cannot deemed no for interpretation more than one of Court; rests decisions upon in this

velty of state authorities. In the case action constitutional Crowninshield, which brought question Sturgis laws,. states Chief Justice Mar ¡the pass bankrupt insolvent “ doctrine, 192, 193: shall holds 4 Wheat. coun following that the to Congress for contend of this power sel the-plaintiff grant takes In limitation, it from the states. without entirely support to Con they argue, power every given proposition, ; nature, from its gress necessarily supreme if words it exclusive, intended to be grant, apparently is as much so- if were forbidden -exercise expressly it. These have been enforced and illustrated propositions many drawn from different arguments parts Constitution. That the is both unlimited and is not supreme, questioned. That is exclusive, is denied counsel defendant. In considering it must be question, that previous recollected... divided, formation of the new Constitution, we were into independent states, united for some but in most purposes, respects These states sovereign; could exercise almost every legislative power; and amongst others, that of passing', laws. bankrupt When the American created a people national legislature with *93 certain enumerated it was powers, neither nor necessary proper define the to powers retained the states. These by re powers as were main before the they the Constitution, of adoption except far as so' may abridged by 'that instrument. In some in stances, as in making treaties, we find an express prohibition; and this shows the sense the to of have been that the convention mere of a grant to did a Congress not power prohibition imply the on states to the the same exercise of 198, power.” Again,'p. “It does not to be a the appear violent construction of Constitu tion, and is one, a certainly convenient consider the powers of as the laws the over such cases of existing do the.states Union not. Be as may, Congress reach. the of be ex power declined, ercised or decide. body the wisdom of that shall not exercise, the mere existence of the which is power, with the exercise the the incompatible power of same states. It has been said that has exercised this power; has doing so, states, the which cannot extinguished power

3x2 . SUPREME COURT.'' ' of «. Commonwealth the- law of We do by repealing revived not Congress. think of the states is not taken the away so. If mere .by grant it cannot be extinguished; it can Congress, power- Only a enacting bankrupt law. The general be suspended by repeal on the cannot, is-true,- confer that, states.;, but-it 're- power created, exercise, which was a to its disability moves Congress,”' case, Moore, 6 Wheat. 48, of- Houston v. 'In-'the following Story, Mr. Justice accordance doctrine, with in was held n - case, Court, “The the' in con opinion Constitution instances in similar to many a those grant powers,, taining nn 'already'existing in the governments, state and some of these to state and state authority, also importance being-of legis vital lation, grant' not to admitted mere it 'is' powers, terms, does, se, transfer Congress, per affirmative exclusive an latter; rea sovereignty subjects contrary, irf of that instrument- necessarily sonable leads interpretation- so are never granted that .the powers conclusion exclusive .states; where existing except Constitu powers .similar terms, exclusive power-to Congress,1 an has, in express given tion to thé states. the exercise of like power prohibited legisla of the first blass is be found exclusive example, places by-the over consent delegated Congress tion purchased the same shall.be, forts, of the state which legislature &c.of arsenals, class, dock-yards, the'prohibition second . class, or emit bills of credit: —of third money tocoin of.a held; is the arruni already

as this Court establish admiralty delegation rule naturalizationand formt n maritimejurisdiction. (cid:127) (cid:127) within falling In cases that the mentioned, unquestionable it seems states already classes only not. authority Congress,- retain concurrent Constitution, but soundest amendment of eleventh reserve, is this however, There reasoning. principles general the laws of states cases where that in authority, concurrent on the same collision direct and manifest the Union and of are .land, law the being supreme those of the Union subject;, *94 far, so so far laws, state and-the authority; paramount are/of ' Such necessarily yield. exists, as such must incompatibility only, is guided, in my judgment' the general by are principles TERM, 1842. [.P.igg Commonwealth of Pennsylvania.] ». The - constitutional investigation points. They commend every intrinsic their equity; amply justi been by themselves men under whose the Constitution fied' great guidance as Well as practice government framed/ would be .to deliver n 'ourselves over to them, To Union. des.ert. difficulties; doubts and endless to hazard the probably exist itself.” of the Constitution ence City

In the case New York v. 11 Peters, Miln, 102, Barbour, Mr. Justice in delivering Court, opinion lays down the as following position, deducible (p. 137,) directly in Gibbons and Wheat. Ogden, 204, decisions and Brown and the State of 12 Wheat. 419: “Whilst a state is Maryland, acting of its as to legitimate the end to be scope power, at .within tained, use it whatever may being means appropriate to end, think' fit; although same, or so nearly same to be from those scarcely distinguished adopted by Con under a different to this power; subject gress acting only limita Hie tion, collision, that in event of the law of the state must yield to the law of The Court .must be understood, Congress. mf the Jaw course, meaning.that Congress passed upon, ' of its case, within In the -sphere power.” same subject is held Mr. language Justice following Thompson, p. 145: “ this where the question, In the cases state law upon has leading constitutional, there has been been held to be an conflict actual states, that of the Congress between legislation upon in in all cases, drawn And question. law But in the case now is- before the Congress supreme. Court/ on arises; such conflict has this Congress legislated no sub 146, the question.” to affect And again, manner ject any p. “ is not this judge; necessary is said the same case limits legislation Congress of-the states fix or to how far subject; 'say Congress-may, commerce, control legislation power regulate -to that whatever the It is of Con -respect. enough say, power so as it has not been exercised manner may be, gress the mere law; grant power conflict with the state if states necessarily imply prohibition does not Congress assumes the to exer power until exercise law.” on that can arise to*this it, ground cise no objection *95 SUPREME COURT. v; [Prigg Commonwealth The. .of Pennsylvania.] then and repeated Here are recognitions, explicit, of the pro of state utility, action, and in priety,. regularity reference to vested in general government, powers confessedly so as long action, shall' remains embrace its latter own passive, within and not only powers, portion in portion comprised state of a so as the government; long states proceedings shall measures neither'Conflict'with govern federal ment, 'From these nor contravene its policy. recognitions,it must consequence, follow vested in by necessary powers which are federal with the modes government compatible of exe cution to, adverted cannot just essentially nor originally, exclusive for whatever is exclusive, practically, powers; utterly forbids, observed, as has partition been or associa previously tion. can establish I hold then that the states which proceedings in are to secure the of the slave .their nature calculated rights holder I Constitution; to him as shall guarantied attempt so secured, never be .show, perfectly that those can rights faith, authority exert their to assist shall, when the states in good the Constitution. Fugi in effectuating guarantee given to the noh-slavé flee either tives in service, attempting from in Canadas, must, instances, states, many pass into the holding attain'- to the before can states, point they the intermediate aim at. authorize and states to order their powér

If there to, owners, their not will detention for delivery only arrest and be increased recovery performance the probabilities as well states, of those the citizens law upon duties enjoined law; but the are those who- offlcers persons private reward, will a certain' under the interest, hope incitements "But to the same ends. co-operate powerfully class persons with a detention, of arrest that the rights let be declared owner, the federal solely belong view restoration to right of the individual exclusive owner government, ? In the the consequences what are seize his property, right to enforce master, attempting first place, whenever resistance, meet Constitution, shall seizure under fre- state, and'their officers inconsiderable number of federal numerous must, in action, from the theatre of quent remoteness him deprive at instances, once defeat his property, TERM, 1842. Commonwealth n. rempvalof every By security. protection of personal also individuals, and officers, or by, state interest incentive be-, with the master co-operation that any belief of a inculcation efficient auxiliary most law, the active a violation comes aid is entirely to his neutralized. possibly-call he could should have service fled to a a-fugitive suppose Again, which the exist, and in prevalent does slavery where nevertheless, there might, institution; hostile feeling .that *96 to san ac- something to yield abe community,, a such disposition to national something, comity constitutional knowledged — let it be once proclaimed that right; of the too, in preservation states towards the concession tribunal; that any from offence, is a right, positive such a the.violation 'of maintenancé could be more plausible what I ask pretext and duty, a solemn or to fugitive, disposed those who are protect offered to. the act and The Constitution the master ? defeat rights the de- instruments for converted-into would thus be to protect. were designed especially struction of that which they the subject all it is the states at legislate But said that if can service, may, regulations under the guise from they fugitives which, laws in reality, impair enact right, securing for master' drawn This, like from .every argument them. or destroy -isdeemed neither fair nor logical. abuse power, the possible the federal-as to the exercise of It is equ. power ly applicable all used in and be might opposition governments; state as it is there is no undeniable, and all that power government, is not great and power government susceptible no or who such possible abuses. But’ those argue probable, matter, the states touching abuses 'by against regulations shoitld. under recollection dismiss their apprehensions, found, the corrective be those be attempted, may should abuses now extent, controlling as it.is about to to some applied be constitutional of this Court. authority

It has been that the said states in exercise of their police who powers may or imprison vagrants fugitives may arrest (cid:127) tha.t endanger order of means peace good society; contribute of-his slave. master recovery by however, should be of a that the recollected, police power has no those natural wi h relations, with her nor exterior affinity SUPREME COURT. ' j).

- [Prigg The Of Pennsylvania.] Commonwealth which she sustains to her states; but .sister is confined matters to her strictly internal order belonging' and quiet. The arrest or confinement, or aof fugitive, merely restoration because-he is such, falls regularly objects police regulations; within person a for such- be no may of- charge obnoxious to violence or be disorder; he the state may through merely.passing peaceably or he care quietly; be countenance of under person over affecting ownership him, with-the some view very (cid:127) circumstances, his facilitating Under- such escape. would not be for óf the proper subject power; exertion police not to if different challenged the-state, his power-in be inevitable, would however be the escape strong- might evi- dences But let either being fugitive. supposed it-.be .oh of some -offence committed, threatened; or actually aceóunt from-some internal regulation -forbidding, presence within a for the persons state, subjects be deemed may- they what, the ex- end would police power-proper, exertion ercise óf ? arrested might lead Fugitives naturally -punishment, from the expelled might deported Nothing (cid:127)state. these could be beyond accomplished; legally so of this far from power, thus the invocation police securing master, made an insure would be engine de- Tights *97 - are a Such of property. portion consequences privation from the must flow doctrines affirmed which, my opinion, by - Court: view not majority my .the warranted doctrines Constitution, nor by interpretation heretofore given of instrument; and the whereof seemed not to have assertion been involved in the necessarily adjudication cause. this With mind convictions as to nature my and predomiuatory whilst I tendencies of these cherish doctrines; pro'foundest the wisdom and of those who maintain respect purity them; for be,a in-me it would dereliction of them a duty direct yield I declare or-a therefore dissent from 'acquiescence; tacit .them. my Mr. Justice M‘Lean. vital,

As if not this case involves questions deeply' interesting, of the union of these and differ states; permanency I on one point from the the Court, I deem opinion proper tp state own my views on the subject. €39 TERM; 1842. Commonwealth of The t>. was indicted under the first sec- Prigg, Edward plaintiff, “ entitled effect to give An.act Pennsylvania, act anof

tion States, Constitution of the United relative to the provisions colour, free labour, protection for people from fugitives kidnapping.*’ and prevent “ or from shall, and after'the If any person persons It provides, . take and'violence, and force act, by cariy away, passing'of or carried and fraud to be taken false away, cause shall or or. to be shall seduced, or or seduce, take, attempt cause pretence, or mulatto from any negro' seduce or any or away, part carry or commonwealth, to what'sb- places place parts with a and intention commonwealth, design of this out ever, sold, or to-be of, causing keeping or disposing and selling detained, such or to be causing kept negro detaining, life, servant for as a slave or for term whatso- or mulatto their Or his or ’abettors ever; every persons, aiders person thereof, be and shall conviction deemed shall, guilty offfelony, than nor in' a sum not less five hundred more than be fined one dollars,, thousand shall be sentenced' imprisonment hard,labour hot less than seven nor more twenty-one than years.” a citizen plaintiff being others, '’of Maryland, took a coloured Margaret Morgan, tvoman, slave, force violence, the certificate required without of Congress, the state of Pennsylvania, brought state qf her anBy amicable Maryland. arrangement states, between two where, defendant, entered judgment was the Court against found; indictment was and on the cause being removed to state, Court of the Supreme judgment, pro forma, was And the case is' now affirmed. here our examination and decision.. The last clause of the

. second section of the fourth article of the Constitution of that, the United States, declares “No held person to service or state, labour in laws..thereof, one under the escaping into another, shall, in consequence there- any’law regulation in, from such service or discharged labour; shall be deli- ‘ vered, *98 up. claim .the whom such party service or labour may be due.” time, This clause of the Constitution is

, now, brought for first before this Court for consideration. COURT. SUPREME v. The Commonwealth was in. a the Constitution adopted spirit

That compromise, And shows that history. experience is matter to attain this law, fundamental it must be great objects construed a forbearance enlightened enforced spirit justice. ¡Without to other views adverting conflicting and interests of the the, convention, in the general represented states' subject of now, a then,'as was it is most slavery con absorbing delicate it states, some was In considered an evil, sideration. it, in all its was forms, felt strong opposition a and expressed. viewed cherished right, others was In incorporated into the and sacredly guarded law. social compact, and'which so so conflicting, deeply Opinions pervaded the ele to a could be reconciled brought action society, ments of only, by . exalted patriotism Fortunately an exercise country, was not in the wanting convention'and in the patriotism felt, The of discord and ruin was danger seen, and states. aftd and this led to the formation of acknowledged; the'confederacy. Constitution, is, as it cannot be said to have imbodied in all section great peculiar its parts, Union; views.of was a wise and far-reaching conviction, but it adopted best which, circumstances, under was could be devised; its would be of, lost if imperfections sight not forgotten, the national which it prosperity glory would secure. law is better A knowledge evils understood And most applies adoption. to. strongly led. funda- law. mental

anAt of our period early history, slavery existed in all the colonies; and from labour were fugitives claimed and delivered comity law spirit up among .a conventional colo- .The nies. articles of confederation contained no provision on the no and there can be doubt subject, provision introduced was result of into the rpanifest experience Constitution and' delicate, necessity. important, A exciting, so matter into the law. organic introduced- very properly n - regard Does in' provision, reclamation slaves, vest federal power'exclusively government? This must determined language Constitu- tion,, and the nature of the power. It covers language general. provision whole *99 TERM, 1842: Í561

[Prigg «.'The Commonwealth in detail, but The states not in aré inhibited principle. ground, which shall regulation “any-law passing discharge from fu- the service of his master;”, slave from a positive gitive, duty “ to deliver him on'them on claim enjoined of the' up, party service due.” (cid:127)whom his bemay of the shows it must

The nature be exclusive. power master, It was of the designed protect rights against Not nor' the of the state, whom? against in people but resides; against which he people legislative action from, states where the labour might of other fugitive found. confederation, the Under the master had no means of legal enforc- in a state A ing rights slavery. opposed disregard rights asserted was It thus felt in the south. produced great ex- deeply citement, would, have results led to of Union. destructive this, the avoid was To. constitutional essential. guarantee for this necessity found provision views and feelings of of the people states opposed slavery; who, such an influence, could not be expected to re- favourably gard rights Now, master. whom is this paramount law to ? be executed is contended that the

.It to execute it rests with power states. The law was designed to protect of the rights slave- against states holder those opposed rights; and yet, by argument, is in the hands of those on whom effective it is to operate. This would produce strange anomaly oi history legis-

lation., It would show an inexperience folly venerable framers Constitution, which, from bodies that public ever assembled, were, most perhaps, exempt.

The clause Constitution under consideration declares no from labour shall be labour, from such discharged 'by law or any regulation of the state into which he . ' fled. Is the state to of this ? Is it left for the state de judge what termine effect shall be given to and other parts ? provision

This power division. part susceptible ac- fundamental- rule law, the Union. The pervades, tion all the was- same in prescribes intended to be. the states. This is essential -of attainment objects K

Von. XVI.—3 SUPREME COURT. 6.62 [Prigg v. Commonwealth of Pennsylvania,] ' If,the of it .the. con- any degree, upon depended, effect law. struction, or otherwise, its if spirit, a state .not .legislation This would not from disregarded. procep.d letter, wpuld.be state to-violate rule; the fundamental determination settled and modes of reasoning.on subject. Such,is habits from -hüman, judgment, opposite conclusions diversity, often drawn the same honest, are premises. -is, If equally *100 to the- uniform of this therefore, efficacy constitutional essential a considered, that it should be exclusively, federal-power, provision nature as much so It is in its power regulate the cpmmerce, intercourse. foreign or that of ' To full this give provision,-was legislation ? necessary effect.to sub-, of the act of on 1-793,legislated Congress, passage this shows how this provision-was- ject, shortly construed its and the which were after reasons- adoption: deliberately, act, and which led show considered, passage clearly be, it was These reasons will that more necessary! particularly- But another head the argument. looking referred Constitution, at if riot the only propriety, ’necessity of the. legislation.is seen.. labour,

The Constitution that provides' shall be delivered on claim up, inade 'entitled to beirtg person labour; is silent.as to whom how and on this it claim shall be made: The act for defect and Congress provides the mode of uncertainty, by,establishing procedure. contended,

It is on is power legislate, .subject that concurrently federal government. states acts -..That must, of the latter are but that the acts paramount, former as of regarded authority, until the federal abrogated by .power. How exercised one power a can be called concur- sovereignty comprehend. another, rent, which I cannot may abrogated by nature, A concurrent from its I must be had supposed power,' If federal on the equal. government by legislating subject all state annuls the same it must legislation subject, on follow is in the federal not in power government state. Taxation, is common to a state and power general govern- is ment, exercised each it. .independently concurrent, this must And powers. character be.

It is said power be vested the federal may govern- 663' TERM/ v. The'Commonwealth-of dormant,-arid that in such case a tnent reináin'S state may the case In the subject. supposed,' does legislate whence the' from, it ? Is derived power legislature -constitution derive of United ? state; or the States .-the Constitution. the state given by constitution, Jf the it -must follow power' thaf-it exercised independently federal'po.we'r; one the doctrine that no presumed will sanction Congress,'by aof legislation, may abridge state. power constitutional ;be How can the of' the derived from- power federal Constitufion? Is assumed on -the that Congress- ground having failed exercise it? Where suedanassrimp power-have ? tion it not be force equal applied pro May to.end to the whole of federal priety ground legislation; excepting only the powers inhibited to the states ? not have legislated upon a-certain this does riot show subject, but they may duly Or, it. acted may-have Considered without'.e'x Now, in it is hausting'the power. my illogical judgment, unconstitutional to these' cases a hold.that-ineither of state .may .legislate.

Is vagrant this a of-the "state, like floating war- lana *101 rant to be on -located hrst that shall spot vacant found? a state a May fragment occupy of federal which has not power- been exercised, and like a tenant at will, to- it occupy continue it until shall have notice to ? quit (cid:127) No-such- power is-derived from'the by implication federal Constitution. defines of"the powers genera! government, certain imposes restrictions and duties on the states. But in no beyond affects the of the states.' The degree powers which powers to a are belong state exercised independently. In sphere it.stands on- sovereignty an-equality federal government, and is' not to its It-would as subject control. hold that dangerous state, to the of a to humiliating rights (cid:127) powers were under exercised to extent any. anj legislative circumstances, subject to the action of Congress.. paramount . a Sdch doctrine would lead to serious conflicts of arid-dangerous power. to seems cover the whole constitutional ground. labour,

The third provides, section “That -when a person -held in' any state or 'States,- United under the laws territory COURT. SUPREME The Commonwealth

[Prigg v. of the said other states or any into territories, Shall thereof, escape labour or maybe due, whomsuch his'agent service the person-to or arrest such seize fugitive from empowered or attornéy, or her-before Circuit or labour, any judge and to take him within residing or’being of-the United'States Courts District of a or magistrate county, city, or before state, corpo town or arrest be made, seizure rate, wherein'such shall satisfaction, or of such either Judge magistrate, proof, ,&c., affidavit, so seized or ar person or oral testimony the' state or the laws of from rested, doth, territory under' which or labour to the service fled, person claiming or she owe' him .he such orher, duty judge magistrate it shall give fre-the thereof; claimant, his such which agent, certificate attorney, te the shall warrant for said- state removing be sufficient ” or she fled from "which he section who shall imposes penalty-on -any person, The fourth claimant, &c., obstruct siich agent; or'attorney, or hinder arrested, só &c. when -fugitive, shall rescúé conceded in' the to be taken as a point argument, It seems officers, duties on state had no impose power pro- (cid:127). this is .general above act. As.a principle true; in the vided consideration form an the case under ? does not Con- exception can no' more regulate jurisdiction of state gress tribunals, -can define the judicial power a state Union. The than are only of'each government respective officers responsible are commissioned. But do' authorities the Constitution in "clausesin from regard fugitives labour, over state Congress power and from on justice, give officérs, The’ in both-the cases these subjects?' admitted or to be federal exclusively government. proved The clause in the- Constitution the one in preceding relation to labour, that, “A fugitives person declares charged treason, -with crime, who felony, of shall- flee from state, and be in another shall, found demand justice, *102 flecl; executive of the state from which he be authority delivered state -beremoved to the' jurisdiction up crime.”. having

In the'first section the act of-1793, Congress have provided on demand that made “it shall being above, be the duty TURM, 1842.

[Prigg v. Pennsylvania.]- The Commonwealth demanded cause person to.be the.executive.authority ar- rested, &c. believed, it is law, this never been constitutionality of has.

The of.st.ates; who obeyed governors It has been questioned. by,the (cid:127) To acknowledged obligation. some uniformly Have demands- - have', but the refusals made; surrenders not .been no have .the. Constitution on the that instance,.been ground apd have been were of no force. binding reasons Congress Other assignéd. to be duty require this

Now, may by legislation if Congress state not on same officer, highest may performed they to the surrender regard require principle appropriate duties officers; Over these sub- labour, from state fugitives is the same. constitutional jects .power the, evidence In both cases-the of 1793'"defines act. On'what This as the shall be made.- was necessary, delivery Constitution on claim being .the The act' is silent on subject. provides “ of such a it Shall labour,. duty made of from- be. to- claimed certificate that judge magistrate person give owes'services to the claimant.” “ be delivered Constitution shall' requires person - on claim the service Here is due.” up, party .whom have, said in mode Congress what positive imposed; dutjr (cid:127) shall so? If be Had not do duty performed... power they require, Constitution-was designed, respect, in. but a and the negative on the state positive duty people which, state where the found;. from labour -fugitive may seem, would there can no doubt; equally must clear in what Congress surrender prescribe manner claim that, shaH'be.made. Iam brought the conclusion therefore t<? duties as a although, impose cannot general principle, officers, on in the cases of labour and yet, from fugitives to do justice, so. 304, In Hunter, 1 Lessee v. Wheat. Rep. case-of Martin’s “ this Court On say, language imperative the Constitution states as-to imperative .It is performance the. of many duties.. time, the state legislatures place, to make laws-prescribing manner of representatives, -for holding elections senators for electors of And in these and Vice President. President

3 k'2 -84. *103 SUPREME COURT. well as in other [Prigg t>.The’ cases, Congress have Commonwealth' a Pennsylvania.] to revise, amend, sü ^[01] n laws, which be the the state may passed by legislatures.” persede on the I do not insist the Now; federal power exercise laid down. I no as here farther than to go the extent say, tha.t Constitution' a imposes positive the a state duty where or- its to surrender fugitives, Congress may officers prescribe the and the of the state officers. duty of proof, mode be resisted by state, and there may This is no means (cid:127)pf In this view the it. be coercing power may considered an im- So the Supreme one. Court of a state portant may refuse to on a writ record of error to certify Supreme Court its. the. (cid:127) Union, the twenty-fifth section the under act. judiciary But constitutional tú a resistance state authority-by the func- not tionaries, anticipated; made, if go- should federal its vernment own may rely in agency to the giving effect laws. to a most I now delicate come important inquiry from, is, and that whether

case, claimant of a fugitive, labour seize and remove him out by force may state which he found, óf its laws. I refer not to-laws .defiance Constitution, 17,93. with conflict the act of are in Such laws, .said, I have are void. But I already have reference WhicfU to those regulate police state, laws maintain.the citizens, and its preserve territory jurisdiction peace'of acts- of violence. from the time of the adoption

About Constitution, coloured was seized several state of persons Pennsylvania, man. it, intent, removed out of forcibly charged, as it then, now, This was enslave him. criminal offence indipted the law Certain persons were Pennsylvania. .of offence, 1791, and in Governor of year Pennsylvania demanded, Virginia, indicted; persons Governor fugitives justice. case submitted Governor Virginia attorney- decided, state, charged of that who general offence such, not,, as- a crime

indictment re- "Constitution á also. quired He control over persons surrender. held/“ force charged pot ought acquired by any specified to. and. law.” The Governor of refused- Virginia delegated positive mi JANUARY TERM/1842. The Commonwealth [Ptiggv, them to the. defendants, authorities of deliver

to arrest between correspondence- governors Pennsylvania. / Virginia, the attorney-general'of papers with.other opinion transmitted to the'President casé,'were relating, to.the And there can laid them before Congress. United States/who *104 removal that forcible of correspondence, be-no doubt rise to led it, passage to of gave person, the coloured act of 1793. á subject that on remark; controversy

It is riot unworthy this. Constitution, after of--the adoption first should have'arisen pf a century, a half lapse and that more than after Pennsylvania; similar a violence should-he controversy involving brought a act time,'from the same for the first Court, before this and the act of1793,j Constitution fugitive Both the' require to on claim up made; by labour being' theparty be'delivered (cid:127) is Not that a -should to whom the service due'. suit of his agent, ' instituted. The law authorized'by be regularly proceeding seized, the'cla'imant, is is Thte.fugitive summary informal. state, taken before a or and' judge magistrate .within written, or that he oWes labour it is the-claimant, parol to proof, certificate, or to judge magistrate give the- duty .the made the' the state 'from fugitive which authorizes to- removal the. whence he.absconded. n the claim shall And of whom be inquire The'counsel made.: -state, at being large is fugitive, represent tpe inf he. ;', no nor under the of--the state so one, protection custody made, be the claimant conseqhently claim cannot out and rerhove him- state. fugitive, may seize act difficulty, .the .A obviates perusal it. out of represented growing which is the consequence is case.’ apt supposed is framed The.-fugitive .meet is' authorized to seize be at the claimant large,:for- presümed-to he was custody;’ before.it, riot. seizure', After him. And is js him before officer required judicial the claimant take such officer claim is state; it is made. -his .before To, made, to be and indeed cari- is not that' suppose, claim some custody Unless possession the fugitive m individual, disregard spirit officer or trie-letter public .to the., is no book more the act 179"3. There statute pre- SUPREME COURT. [Prigg v. The Commonwealth of Pennsylvania.^ cise and, as it language; would-seem, less liable to miscon- struction. In there not the least my judgment, foundation in the act for the right asserted in the to take argument, the fugitive force and remove him the state. out of n Sucha can receive proceeding sanction the act, for it no is in violation it. The express claimant having seized the fugitive, required the act take him before federal judge state, within the- state magistrate within the county, city, town within corpqrate, which the seizure was made. Now, can there be any that after the pretence under the seizure statute, the claimant may the other .disregard express provision of it, by taking without out claim of the state. But it is said, the master seize his slave may wherever he finds him, if by so he does not doing violate the public ; that the peace relation of master and slave is not affected the laws of state, which the slave have fled, and where he is found.

If the has master aright and remove the seize slave with- out he can commit ho claim, breach of peace by using force necessary accomplish object.

It is that the the so as master, admitted far rights regards the are slave, services of the this but impaired by change ; the them, in is asserting my opinion, mode essentially modified. due, In the state where the service is the needs no other master law the law of force control the than of the slave. action But can law be the master in a applied state which makes ? the unlawful

Can seize the master his slave and remove him out state he laws, in as his disregard might take horse which is at ? is This taken in running Is' large ground argument. there no difference in these cases ? principle slave,

The sensible human is to the being, subject into er jurisdiction whatsoe he He is authority local may go. acts, the laws for answerable'under and he claim their' may The state the world ex- may protect him against protection. of his master. Should one commit lawless cept claim slave, offender may unquestionably pu- violence on murder, should the commit be detained ; nished slftve' - state, claim, disregaid punished fox JANUARY TERM. v. The Commonwealth of Pennsylvania.! within the a state,

master. a slave Being jurisdiction bears a different relation to it from that mere very property.

aIn state where is allowed, coloured slavery every person is to be a on the same presumed slave; in a principle, non- state, is slaveholding every person be free presumed without to colour. On regard states, both principle, slaveholding The latter non-slaveholding, legislate. may prohibit, has done under a certain Pennsylvania forcible re- penalty, state. , moval a coloured out of the Is such law in person conflict with the act of ?

The act authorizes a forcible seizure of the of 1793 slave by state, take master, not to take him out him The act before within it. of Pennsylvania some officer judicial coloured out of state. person a forcible removal punishes law of' Now, here is no conflict between the and the law can, neither by any The execution of just law of Congress. with the interfere execution of the i'n my opinion, interpretation, each harmony other. The laws in this stand respect other. to seize and remove forcibly that no clear power very act of Can it Congress. slave without claim given legislated exercised under the Constitution? have, mode in directed the constitutional power, admitted, covers whole act, it is

it shall be- executed. no to be there seems reason and that it constitutional ground; circumstances, can the provisions Now, under to doubt. set up an assumed the act be disregarded, inadmissible be wholly is believed the Constitution ? This of construction. known rule many and like tal, are ge of the Constitution terms In language require legislation. that instrument powers 304, “the powers Hunter, Rep. T-Wheat. Martin this Court in terms, leaving in general are Constitution expressed *106 to effectuate its own means time, adopt time legislature, from .to the exercise of its model and to mould legitimate objects, should re- interests and the public wisdom its own powers, quire.” It gives of 1793. This, done sum- have - is he not master, and te red ess effectual mode

mary SUPREME COURT. [Prigg il. The Commonwealth of Pennsylvania.] it ? It is the construction legislative, pursue Con- bound n pot and -isit a most authoritative ; stitution construction ? I was to hear the .counsel not prepared that, contend notwithstanding Constitution, this-exposition ample, remedy provided act, the act set might disregard his up .master (cid:127) the' Constitution. And it was having-taken this-step, easy another, that this to take ue' asserted say, right, may aby an.d seizure and removal of fugitive.. forcible a most This-would be singhlar constitutional provision. extend’,'the into remedy by would another recaption sovereignty, sanctioned law which.is neither nor. the law t-he-.common - .the, seize and- If master remove the may lawfully nations. found, the state where he without out an may. of. force, resist claim, he may'lawfully exhibitioii. physi- n the state, which the or the citizens of legal, cal statp, interpose. exhibit, he in case resistance, To hold must his claim is' ,the said, He is it is abandon in.the ground assumed. engaged, aconstituiional All resistance right. then, lawful prosecution made, form,“must be illegal. whatsoever by whomsoever needs no of his claim,, circumstances master proof Under stand in need of additional though he.might -physical power.. to this he has to collect a sufficient power., only Having appealed and .attain object. Having all resistance 'his. to put force .down but he has stands this, acquitted justified; he not only done overcoming received in for any injury may tlie.. recourse resistance. be a always constitutional this be a

.If remedy,-'it may^not be car-' that it may remedy, it be a rightful one. ifBut peaceful thi,s be exercised if can And extent, deny! it,may no one ried the’ after not be; of right, wfiy may.it claim resorted without magistrate? .This-would of the judge or unfavourable decision the master by. exhibition proof of-the necessity lihfit somp custody in the'actual' where the'slave Was case single of the Con can,this be the construction How true officer. public (cid:127) -js the act of That such-a procedure ?(cid:127) sanctioned stitution guard expressly That,act has passed shown. b^en forcp and violence. acts of against the remedy. doubt that how one .I perceive can cáfinot *107 TERM, 1842. 6*71 of [Brigg 8. The Commonwealth Avithout remedy Constitution, if give the- indeed

given (cid:127) a be a one sanc- ; remedy “was peaceful designed legislation, guarded authority; remedy by forms judicial by tioned js. reiterated, is not the master entitled law. But the inquiry that he is. His is I answer right guarantied to his property? enforce- means for its summary the. most Constitution, nqr is ment found in the act of Congress..- And neither citizeps its this right. can obstruct prosecution man, black of every white, slave is where found in state state, is presumed free; to be preserve peace jurisdiction has citizens, violence, and its soil and from acts Does this prohibited forcible colour. persons abduction law not,- with the does in its Constitution? .clearly conflict terms.'

The conflict i~ out arise supposed prohibition against the forcible removal of of colour which persons generally, Prima, include facie it does not include slaves. slaves, every man within the state presumed free, and there is no provision in the act which embraces slaves. Its language-, clearly shorvs, that was- -to designed free protect .persons colour Avithinthe state. admitted, But'it there-is no exception toas the forcible removal of here the important slaves. And most delicate question arises between- the- state, -power and. assumed not sanctioned but federal government.

No conflict can arise between the act of Congress arid this state law. The conflict- can between the onlv. arise forcible acts -of the master and the' lavv the state! ex- piaster- The- - no proof of' services of but' slave, hibits seizes the. - him, -and is about to remove him force. I speak. only laW;.of force exerted the-slave. The state presumes-him free, 'Now, prohibits shall,give to. removal'. ay, master or ? of the state does, the state .The in no law case, Constitution; '.the-language of discharge,-in slave the service his master. is a if the regulation.

.It most And master police important it, violate ? offence consists the ab- amenable be, this-is persón attempted' juSti-. -And duction a. of.colour. upon the. that-the slave is simple ground property. fled That SUPREME COURT. [Prigg a. The Commonwealth of Pennsylvania.] . slave is must be admitted. property The state law is violated not. the seizure of the slave by master,, for this is authorized act of Congress; by removing him out of the state by force, and without which the proof right, act does not authorize. *108 is Now, not this act a an which state may .The prohibit? pre- ain sumption state is non-slaveholding against the right the master,' and' in the favour of freedom the he person' claims. This rebutted, be presumption may but until isit rebutted the by proof required in the act of 1793, also, and in my judgment,, by the Constitution, must not the law of -state respected and the ? obeyed

The seizure the which master has a right make under the act of is the Congress of- the slave taking before an purpose officer; His the possession slave within the under- state, seizure, is qualified limited the for which was subject made.

The of the is certificate of to the slave right service undoubt- for the the but it authorizes edly master; the re- protection slave out of the state where found, was moval. (cid:127) the state from whence he And under the fled. Constitution this valid in the states. authority is,

The shall the set important presumption point up master, the the unsústained by by any proof, presumption state, the arises the laws and institutions prevail.. the issue. of the state is sovereignty true .on one This side, and the asserted interest of master on the other. That law, a interest protected by páramo'unt special, sum- is-given. effectual mode of redress But and an mary, mode is not into is taken pursued, remedy own by hands the master. of the state that presumption coloured is free person fact; so; be erroneous in if there can be

may difficulty-in no not assertion erroneous it. But of master be proving may ? so, and if also; his act of remedied The co- force how'is taken, person forcibly conveyed beyond jurisdic- loured .is' force, tion not This authorized being state. Constitution, nor the state. Congress b.y may prohibited Constitution, and carries the act in the power whole As covers are, judgment, its we enactments, my out, provisions, by special YERM, 1842. [Prigg The Commonwealth of no under- such more, can circumstances, act. We bound Constitution, disregard remedy administer exercise a or other can commercial- in disre- power we than act, on same subject. act of of an gard of the master and the rights respects rights viéw This nor the reclámation It neither retards jeopards state. the. all state action prejudicial rights It removes

slave. in the guard blaster; recognises protect and the of its citizens. peace own jurisdiction, case under consideration, that the state It magis- appears, whom refused to fugitive brought trate before act. In bound to he was him perform duty required my judgment act, the same in his subject, a law own paramount does action this refusal justify subsequént state. But should have taken the before a He judge the claimant. state. States, two of resided within the the United whom whether the section ofthe act of Penn first be. doubted a fair con indicted, by under which the defendant was sylvania *109 .to case under consideration. decision struction applies .the and, forma, course, Court of that was pro Supreme Indeed, I the case has been examination. made suppose, without before this Court. bring merely question My opinion, up rest so law therefore, does not much.upon Penn particular state, the inherent and sovereign power'of upon sylvania, its citizens, peace jurisdiction and protect dictate, its" discretion shall’ which which shall not mode every of the federal government. with a defined power conflict heard on on re- transcript' This cause came and was Court of Pennsylvania, argued from the Supreme cord- is the Of whereof, consideration this opinion counsel; the. act of the Commonwealth Court, Pennsylvania, ..upon founded, in this case is repugnant the indictment States; and, .therefore, and laws United void; Constitution Court of. Pennsylvania the judgment Supreme case, verdict to have been ought found special upon (cid:127) or- therefore, It is, said not Prigg that the Edward guilty. Court, that the the said adjudged by déred and judgment be, re- Pennsylvania is, Court and the same Supreme hereby, Vol. XVI. —3 L SUPREME COURT.

[Priggv. The Commonwealth 'of 'Pennsylvania.] Court, vérsed. And to fender proceeding such judgment in ,the as the said Court premises Supreme ought of Pennsylvania to have rendered, do hereby order and adjudge judgment verdict special aforesaid be here entered, that the. said Edward Prigg manner guilty and form as‘is charged .thereof, him in the against said indictment, and’that go qpit be, without and that this day; cause remanded to the Supreme of Pennsylvania Court directions so that accpfdingly,. n other proceeding may be had therein to law justice shall appertain.

the end: