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Show 306 FUGITIVE SLAVES, ETC. States, to test the constitutionality of the Pennsylvania law. That court decided, fnlly and promptly, all the points in the case, and to the full vindication of all the rights of a slaveholder, under tho recaption clause in the Constitution. The points d cidcd cover all the ground, nnd, besides, show precisely in what particular the net of 17 93 required to ho amended, to mako it work out ils complete effect under tho Constitution, independent of all extrinsic aid. 'rhc points were these: "The provisions of the act of February 12th, 1793, relative to fugitive slaves, is clearly consiit.ntional in all its leading provisions, and, inde ·d, with tho exception of that part which confers authority on State mngislrateR, is freo from reasonable doubt or difficulty. As to the o.uthority so conferred on State magistrates, while a diiforenco of opinion exists, and may exist on this point, in different States, wl.lcthcr State magistrates are bound to act under it, none is entcrtniucd by the Court that State mngistrates may, if they choose, exercise that authority, unless forbid by State legislation." 11 The power of legislation in relation to fugitives from labor is exclusively in the national legislature." "The right to seize and retake fugitive slaves, and the duty to deliver them up, in whatever Stale of the Union they may bo found is, under the Constitution, recognized ns an absolute positive right and duty, pervading the whole Union with an equal and supreme force, uncontrolled and uncontrollable by State sovereignty or State legislation. The right and duty are co-exton ivc and uniform in remedy and operation throuo-hout the whole Union. The owner has tho same exemptions from State regulations and control, through however many States he may po.ss with tbe fugitive slaves in his possession in transitu to his domicile. "The act of the legislature of Pennsylvania, on which the indictmentagainstEdward Prigg was founded, for carrying away • FUGITIVE SLAVES, ETC. 307 a fugitive slave, is unconslitutionu.l and void. It purports to puni h, as a public offense against the Stnte, the very act of seizing and removing a slave by his master, which tho Constitul ion of the U nilcd States wns dcRigncd to justify and uphold." "The constituLionnJity of tho net of Congn'SS (l7H3) relating to f11gitives from lo.bor has been ufnrmecluy the a<ljudicn.tions of Lhe State tribunal, and by those of the courts of the Uuited Stutes." |