Prigg V. Pennsylvania: Kidnapping and Slavery

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When Edward Prigg was arrested for kidnapping a black woman and former slave named Margaret Morgan to return her to her former master, little did anybody know what role it would play in the history of the United States. The case that would come to bear his name, Prigg v. Pennsylvania, was a landmark decision of the United States Supreme Court on the topic of fugitive slaves. The case though was more than just Prigg or Morgan, but rather the result of decades of constitutional and national conflict over power, morality and slavery. Justice Joseph Story who wrote the majority opinion of the Court, took it upon himself to attempt to resolve these conflicts, much to the dismay of Chief Justice Taney and the other justices, and in the process only pushed the nation further along a path to disunion that would end only in a civil war. Prigg v. Pennsylvania captured the conflicts of generations over who held the power to legislate and enforce the institution of slavery, in particular the interstate conflicts aroused by the reclamation of fugitive slaves by former masters, and in the wake of the decision only created more conflict and pushed the nation faster to civil war. The difficulties of legislating on fugitive slaves has always been finely intertwined with kidnapping. The colonies, upon their establishment, found that indentured servants and slaves were the quickest ways to establish a solid class of laborers necessary to survive in the New World. This lack of a working class and the growth of the institutions of indentured servitude and slavery in the colonies established a strong legal precedence in attempting to protect against the loss of labor in the form of runaway servants. Laws in Virginia would double the contract length of ... ... middle of paper ... ...upreme Court case was soon lost to history amongst the rest of those entrapped in the institution of slavery. Works Cited Baker,H. Robert, Prigg v. Pennsylvania: Slavery, the Supreme Court, and the Ambivalent Constitution (Lawrence, University Press of Kansas, 2012) Burke, Joseph C. “What did the Prigg Decision Really Decide?” The Pennsylvania Magazine of History and Biography 93 (Jan., 1969): 73-85 in JSTOR; accessed October 14, 2013 Irons, Peter. A Peoples History of the Supreme Court, (New York, Penguin Books, 2006). Maltz, Earl M. Fugitive Slave on Trial: The Anthony Burns Case and Abolitionist Outrage, (Lawrence, University Press of Kansas, 2010) Marler, Scott P. Lecture “Slavery in the Constitution”. October 8,2013. Joseph Nogee, “The Prigg Case and Fugitive Slavery,” The Journal of Negro History 39 (Jul., 1954), 185-205 in JSTOR; accessed October 14, 2013

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