Prigg v. Pennsylvania
Encyclopedia
Prigg v. Pennsylvania, , was a United States Supreme Court
case in which the court held that the Federal Fugitive Slave Act precluded a Pennsylvania state law that gave procedural protections to suspected escaped slaves, and overturned the conviction of Edward Prigg as a result.
). Article IV, Section 2, Clause 2 of the Constitution contained two statements about the legality of fleeing justice, creditors, owners, or other agencies, across state borders & escaped slaves without using the term "slavery" directly:
Although the third clause above was superseded by the 13th Amendment
, that amendment came into force only 77 years later, on December 6, 1865.
On February 12, 1793, the U.S. Congress passed the Fugitive Slave Law of 1793 actually called
An Act respecting fugitives from justice, and persons escaping from the service of their masters.
passed an amendment to one of its laws (An Act for the Gradual Abolition of Slavery
, originally enacted March 1, 1780); this amendment stated that, No negro or mulatto slave ...shall be removed out of this state, with the design and intention that the place of abode or residence of such slave or servant shall be thereby altered or changed.
On March 25, 1826, the State of Pennsylvania passed a further law, which stated in part:
, where she had once been a slave to a man named John Ashmore. In Maryland, she had lived in virtual freedom but had never been formally emancipated. Ashmore's heirs eventually decided to claim her as a slave and hired slavecatcher Edward Prigg to recover her.
On April 1, 1837, Edward Prigg led an assault and abduction on Morgan in York County, Pennsylvania
. They took Morgan to Maryland
, intending to sell her as a slave (her children, one of whom was born a free citizen in Pennsylvania, were also captured and were sold). The four men involved in the abduction were arraigned under the 1826 act. Prigg pleaded not guilty, and argued that he had been duly appointed by John Ashmore to arrest and return Morgan to her owner in Maryland. However, in a ruling on May 22, 1839, the Court of Quarter Sessions of York County convicted him.
Prigg appealed to the U.S. Supreme Court on the grounds that the Pennsylvania law was not able to supersede federal law or the constitution; the Fugitive Slave Act and Article 4 of the constitution being in question with the Pennsylvania law of 1788. The case was Prigg V. Pennsylvania, 41 U. S. 539 (1842). See the reference for the abstract or full text.
As a consequence, they argued, the 1788 Pennsylvania law, in all its provisions applicable to this case, should be voided. The question was whether Pennsylvania law violated the constitutional guarantee of fugitive slave return and the 1793 Act of Congress passed to implement it.
Writing for the Court, Justice Story reversed the conviction and held the Pennsylvania law unconstitutional as a denial of both the right of slaveholders to recover their slaves under Article IV and the Federal Fugitive Slave Law of 1793, which trumped the state law per the Supremacy Clause
. Six justices wrote separate opinions.
Though Story ruled the Pennsylvania laws unconstitutional, his opinion left the door open for further such actions by the state in his writing:
This last phrase - "unless prohibited by state legislation" - became the impetus for a number of personal liberties laws enacted by Pennsylvania and the other Northern states. These laws did as the Court had suggested - they prohibited state officials from interfering with runaway slaves in any capacity. Runaways could not be caught or incarcerated, cases could not be heard, and no assistance could be offered to those wishing to recapture slaves. The Fugitive Slave Act still stood, but only federal agents could enforce it.
Such an emphatic refusal to uphold the Fugitive Slave Act was viewed as a brazen violation of the federal compact by the Southern states. One letter to South Carolina Senator John C. Calhoun
stated that the new personal liberties laws "rendered slave property utterly insecure" and was a "flagrant violation of the spirit of the U.S. Constitution."http://www.slavenorth.com/fugitive.htm
It was these laws that led to The Compromise of 1850
- California
could enter the Union as a free state, but the Northern states would have to enforce the Fugitive Slave Act within their own borders.
In avoiding one crisis the Court prepared the way for a greater one. By discouraging state cooperation in returning fugitives, the Prigg decision undercut the Fugitive Slave Act of 1793
and made necessary the more brutal one of 1850. The South had been forced to look to the federal government for a national solution, and the Court had pledged itself in advance to support such a solution, despite that fact that the North would certainly be mobilized against it. In addition, people began to believe that the Court, and only the Court, was uniquely qualified to soothe the growing agitation over slavery.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case in which the court held that the Federal Fugitive Slave Act precluded a Pennsylvania state law that gave procedural protections to suspected escaped slaves, and overturned the conviction of Edward Prigg as a result.
Federal Law
In June 1788, the Constitution of the United States came into force, having been ratified by nine states (see History of the United States ConstitutionHistory of the United States Constitution
The United States Constitution was written in 1787, but it did not take effect until after it was ratified in 1789, when it replaced the Articles of Confederation. It remains the basic law of the United States...
). Article IV, Section 2, Clause 2 of the Constitution contained two statements about the legality of fleeing justice, creditors, owners, or other agencies, across state borders & escaped slaves without using the term "slavery" directly:
- A person charged in any state with treason, felony or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
- No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up, on claim of the party to whom such service or labor may be due.
Although the third clause above was superseded by the 13th Amendment
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
, that amendment came into force only 77 years later, on December 6, 1865.
On February 12, 1793, the U.S. Congress passed the Fugitive Slave Law of 1793 actually called
An Act respecting fugitives from justice, and persons escaping from the service of their masters.
State law in Pennsylvania
On March 29, 1788, the State of PennsylvaniaPennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
passed an amendment to one of its laws (An Act for the Gradual Abolition of Slavery
An Act for the Gradual Abolition of Slavery
An Act for the Gradual Abolition of Slavery, passed by the Pennsylvania legislature on 1 March 1780, was the first attempt by a government in the Western Hemisphere to begin an abolition of slavery....
, originally enacted March 1, 1780); this amendment stated that, No negro or mulatto slave ...shall be removed out of this state, with the design and intention that the place of abode or residence of such slave or servant shall be thereby altered or changed.
On March 25, 1826, the State of Pennsylvania passed a further law, which stated in part:
If any person or persons shall, from and after the passing of this act, by force and violence, take and carry away, or cause to be taken or carried away, and shall, by fraud or false pretense, seduce, or cause to be seduced, or shall attempt so to take, carry away or seduce, any negro or mulatto, from any part or parts of this commonwealth, to any other place or places whatsoever, out of this commonwealth, with a design and intention of selling and disposing of, or of causing to be sold, or of keeping and detaining, or of causing to be kept and detained, such negro or mulatto, as a slave or servant for life, or for any term whatsoever, every such person or persons, his or their aiders or abettors, shall on conviction thereof, in any court of this commonwealth having competent jurisdiction, be deemed guilty of a felony.
Case background
During the year of 1832, a black woman named Margaret Morgan moved to Pennsylvania from MarylandMaryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, where she had once been a slave to a man named John Ashmore. In Maryland, she had lived in virtual freedom but had never been formally emancipated. Ashmore's heirs eventually decided to claim her as a slave and hired slavecatcher Edward Prigg to recover her.
On April 1, 1837, Edward Prigg led an assault and abduction on Morgan in York County, Pennsylvania
York County, Pennsylvania
York County is a county in the U.S. state of Pennsylvania. As of 2010, the population was 434,972. It is in the Susquehanna Valley, a large fertile agricultural region in South Central Pennsylvania....
. They took Morgan to Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
, intending to sell her as a slave (her children, one of whom was born a free citizen in Pennsylvania, were also captured and were sold). The four men involved in the abduction were arraigned under the 1826 act. Prigg pleaded not guilty, and argued that he had been duly appointed by John Ashmore to arrest and return Morgan to her owner in Maryland. However, in a ruling on May 22, 1839, the Court of Quarter Sessions of York County convicted him.
Prigg appealed to the U.S. Supreme Court on the grounds that the Pennsylvania law was not able to supersede federal law or the constitution; the Fugitive Slave Act and Article 4 of the constitution being in question with the Pennsylvania law of 1788. The case was Prigg V. Pennsylvania, 41 U. S. 539 (1842). See the reference for the abstract or full text.
The Supreme Court's view
Prigg and his lawyer argued that the 1788 and 1826 Pennsylvania laws were unconstitutional:- First, because of the injunction in Article IV of the U.S. Constitution that No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up, on claim of the party to whom such service or labor may be due..
- Second, because, the exercise of Federal legislation, such as that undertaken by Congress in passing the act of the February 12th 1793, supersedes any State law.
As a consequence, they argued, the 1788 Pennsylvania law, in all its provisions applicable to this case, should be voided. The question was whether Pennsylvania law violated the constitutional guarantee of fugitive slave return and the 1793 Act of Congress passed to implement it.
Writing for the Court, Justice Story reversed the conviction and held the Pennsylvania law unconstitutional as a denial of both the right of slaveholders to recover their slaves under Article IV and the Federal Fugitive Slave Law of 1793, which trumped the state law per the Supremacy Clause
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
. Six justices wrote separate opinions.
Though Story ruled the Pennsylvania laws unconstitutional, his opinion left the door open for further such actions by the state in his writing:
As to the authority so conferred upon state magistrates [to deal with runaway slaves], while a difference of opinion has existed, and may exist still on the point, in different states, whether state magistrates are bound to act under it; none is entertained by this Court that state magistrates may, if they choose, exercise that authority, unless prohibited by state legislation - Justice Story (emphasis added)
This last phrase - "unless prohibited by state legislation" - became the impetus for a number of personal liberties laws enacted by Pennsylvania and the other Northern states. These laws did as the Court had suggested - they prohibited state officials from interfering with runaway slaves in any capacity. Runaways could not be caught or incarcerated, cases could not be heard, and no assistance could be offered to those wishing to recapture slaves. The Fugitive Slave Act still stood, but only federal agents could enforce it.
Such an emphatic refusal to uphold the Fugitive Slave Act was viewed as a brazen violation of the federal compact by the Southern states. One letter to South Carolina Senator John C. Calhoun
John C. Calhoun
John Caldwell Calhoun was a leading politician and political theorist from South Carolina during the first half of the 19th century. Calhoun eloquently spoke out on every issue of his day, but often changed positions. Calhoun began his political career as a nationalist, modernizer, and proponent...
stated that the new personal liberties laws "rendered slave property utterly insecure" and was a "flagrant violation of the spirit of the U.S. Constitution."http://www.slavenorth.com/fugitive.htm
It was these laws that led to The Compromise of 1850
Compromise of 1850
The Compromise of 1850 was a package of five bills, passed in September 1850, which defused a four-year confrontation between the slave states of the South and the free states of the North regarding the status of territories acquired during the Mexican-American War...
- California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
could enter the Union as a free state, but the Northern states would have to enforce the Fugitive Slave Act within their own borders.
In avoiding one crisis the Court prepared the way for a greater one. By discouraging state cooperation in returning fugitives, the Prigg decision undercut the Fugitive Slave Act of 1793
Fugitive Slave Act of 1793
The Fugitive Slave Clause of the U.S. Constitution guaranteed the right of a slaveholder to recover an escaped slave...
and made necessary the more brutal one of 1850. The South had been forced to look to the federal government for a national solution, and the Court had pledged itself in advance to support such a solution, despite that fact that the North would certainly be mobilized against it. In addition, people began to believe that the Court, and only the Court, was uniquely qualified to soothe the growing agitation over slavery.
Further reading
- Joseph C. Burke. "What Did the Prigg Decision Really Decide?" Pennsylvania Magazine of History and Biography, Vol. 93, No. 1 (Jan., 1969), pp. 73-85 in JSTOR
- Joseph Nogee, "The Prigg Case and Fugitive Slavery, 1842-1850," Journal of Negro History Vol. 39, No. 3 (Jul., 1954), pp. 185-205 in JSTOR
See also
- List of United States Supreme Court cases, volume 41
- Ableman v. BoothAbleman v. BoothAbleman v. Booth, , is a case in which the Supreme Court of the United States held that state courts cannot issue rulings that contradict the decisions of federal courts, overturning a decision by the Supreme Court of Wisconsin....
- similar case related to Fugitive Slave Act of 1850 - Dred Scott v. SandfordDred Scott v. SandfordDred Scott v. Sandford, , also known as the Dred Scott Decision, was a ruling by the U.S. Supreme Court that people of African descent brought into the United States and held as slaves were not protected by the Constitution and could never be U.S...
– related case - Personal liberty lawsPersonal liberty laws.....The personal liberty laws were a series of laws passed by several U.S. states in the North in respone to the Fugitive Slave Acts of 1793 and 1850.-Origins:...