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 outcome of the judicial examination in the high courts of
the various points thus far considered was wholly favorable to
the constitutionality of the law of 1793. The one case within
the category of great cases in which that law was decided to
be unconstitutional in any particular was that of Prigg _vs._
Pennsylvania. By the law of 1793 state and local authorities
were empowered to take cognizance of fugitive slave cases
together with judges holding their appointments from the federal
government.[780] In the hearing given the case before the Supreme
Court at Washington, in 1842, Mr. Johnson, the attorney-general of
Pennsylvania, cited former decisions of the Supreme Court to show
that in so far as the congressional law vested jurisdiction in
state officers it was unconstitutional and void.[781] The court's
answer was momentous and far-reaching. While the law was declared
to be constitutional in its essential features, it was asserted
that it did not point out any state functionaries, or any state
actions, to carry its provisions into effect. The states could not,
therefore, so the court decided, be compelled to enforce them;
and any insistence that the states were bound to provide means
for the performance of the duties of the national government,
nowhere delegated or entrusted to them by the Constitution,
would bear the appearance of an unconstitutional exercise of the
interpretative power.[782] As the decision in the Prigg case
carried the weight of great authority, and became a precedent for
all future judgments,[783] the relief it afforded state officers
from distasteful functions was soon accepted by many states, and
they enacted laws forbidding their magistrates to issue warrants
for the arrest or removal of fugitive slaves.[784] In consequence
of this manifest disinclination on the part of the Northern states
to restore to Southern masters their escaped slaves, the federal
government was induced to make more effective provision for the
execution of the Constitution in this particular. Such provision was
embodied in the second Fugitive Slave Law, passed as a part of the
Compromise of 1850.
[780] See Section 3 of the act, _Statutes at Large_, I, 302-305.
[781] 16 _Peters' Reports_, 598.
[782] _16 Peters' Reports_, 608, 622. See also Marion G.
McDougall's _Fugitive Slaves_, pp. 108, 109.
[783] M. G. McDougall's _Fugitive Slaves_, p. 28.
[784] See Chap. IX, pp. 245, 246, and Chap. X, p. 337.
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