Report of the Case of Edward Prigg Against the Commonwealth of Pennsylvania, Argued and Adjudged in the Supreme Court of the United States, at January Term, 1842: In which it was Decided that All the Laws of the Several States Relative to Fugitive Slaves are Unconstitutional and Void, and that Congress Have the Exclusive Power of Legislation on the Subject of Fugitive Slaves Escaping Into Other States

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Stereotyped by L. Johnson, 1842 - 140 páginas
 

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Página 33 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Página 48 - The constitution vests the whole judicial power of the United States in one Supreme Court, and such inferior courts as congress shall, from time to time, ordain and establish.
Página 25 - An act respecting fugitives from justice, and persons escaping from the service of their masters...
Página 51 - The government, then, of the United States, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Página 130 - ... it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the state or territory from which he or she fled.
Página 119 - It is not the mere existence of the power, but its exercise, which is incompatible with the exercise of the same power by the States, It is not the right to establish these uniform laws, but their actual establishment, which is inconsistent with the partial acts of the States...
Página 135 - Hence its powers are expressed in general terms, leaving to the legislature, from time to time, to adopt its own means to effectuate legitimate objects, and to mould and model the exercise of its powers, as its own wisdom and the public interests should require.
Página 114 - We have obtained a right to recover our slaves in whatever part of America they may take refuge ; which is a right we had not before. In short, considering all circumstances, we have made the best terms for the security of this species of property it was in our power to make. We would have made better, if we could ; but, on the whole, I do not think them bad.
Página 92 - States, made in pursuance of the second section of the fourth article of the Constitution of the United States...
Página 67 - The constitution containing a grant of powers in many instances similar to those already existing in the State governments, and some of these being of vital importance also to State authority and State legislation, it is not to be admitted that a mere grant of such powers in affirmative terms to congress, does, per »e, transfer an exclusive sovereignty on such subjects to the latter.

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