The Underground Railroad from Slavery to Freedom: A comprehensive historySiebert, Wilbur Henry
History
The Underground Railroad from Slavery to Freedom: A comprehensive history
Siebert, Wilbur Henry
Fugitive slaves -- United States; Underground Railroad
The question of arrest without warrant emerged later in several
other cases; for example, Johnson vs. Tompkins (1833),[757] the
matter of Peter, _alias_ Lewis Martin (1837),[758] Prigg _vs._
Pennsylvania (1842),[759] and State _vs._ Hoppess (1845).[760] The
line of objection followed by those opposing the law in this series
will be sufficiently indicated by the arguments presented in the
Massachusetts case of 1823, treated above. The tribunals before
which the later suits were brought did not depart from the precedent
set in the early case, and the act of 1793 was invariably justified.
In Johnson _vs._ Tompkins the court pointed out that under the
law the claimant was not only free to arrest his fugitive without
a warrant, but that he was also free to do this unaccompanied by
any civil officer, although, as was suggested, it was the part of
prudence to have such an officer to keep the peace.[761] In the
famous case of Prigg _vs._ Pennsylvania, the Supreme Court of the
United States went back of the law of Congress to the Constitution
in seeking the source of the master's right of recaption, and laid
down the principle that "under and in virtue of the Constitution,
the owner of a slave is clothed with entire authority, in every
state in the Union, to seize and recapture his slave, whenever he
can do it without any breach of the peace, or any illegal violence.
In this sense and to this extent this clause of the Constitution
may properly be said to execute itself, and to require no aid from
legislation, state or national."[762]
[757] In the Circuit Court of the United States for the Eastern
District of Pennsylvania. 1 _Baldwin's Circuit Court Reports_, p.
571 et seq. See Appendix B, p. 368.
[758] 2 _Paine's Reports_, 350. See Appendix B, p. 369.
[759] 16 _Peters' Reports_, 613.
[760] 2 _Western Law Journal_, 282. See Appendix B, p. 371.
[761] 1 _Baldwin's Circuit Court Reports_, 571; Hurd, _Law of
Freedom and Bondage_, Vol. II, p. 444.
[762] 16 _Peters' Reports_, 613.
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