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
For many years before Prigg's case various states in the North
had considered it to be within the province of their legislative
powers to enact laws dealing with the subject of fugitive slaves.
It would be beside our purpose to enter here upon an examination
of these statutes, but it is proper to say that the variety of
particulars in which these differed from the law concerning the same
subject enacted by Congress prepared the way for a series of legal
contests in regard to the question, whether the power to legislate
in relation to fugitive slaves could be exercised properly by the
states as well as by the federal government. This issue presented
itself in at least three notable cases under the law of 1793: these
were Jack _vs._ Martin (1835), Peter, _alias_ Lewis Martin (1837),
and Prigg _vs._ Pennsylvania (1842). The decisions reached in the
first and last cases are of especial significance, because, in the
first, the question of concurrent jurisdiction constituted the
subject of main interest for the Supreme Court of New York, the
court to which the case had been taken from an inferior tribunal;
while in the last case, the importance attaches to the conclusive
character of an adjudication pronounced by the most exalted court of
the nation.
In Jack _vs._ Martin the action was begun under the New York
law of 1828 for the recovery of a fugitive from New Orleans.
Notwithstanding the fact that this law authorized the seizure and
return of fugitives to their owners, and that in the case before
us, as occurred also in the case of Peter, _alias_ Lewis Martin,
the negro was adjudged to his claimant, the law of the state was
considered invalid, because the right of legislation on the subject
was held to belong exclusively to the national government.[763]
[763] 12 _Wendell's Reports_, 311, 316-318.
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