Wright v. Deacon
Supreme Court of Pennsylvania
HOMINE REPLEGIANDO. THIS was a writ de homine replegiando, sued out by the plaintiff, a coloured man, against the defendant, who was the keeper of the prison of the city and county of Philadelphia; r r j j a and the defendant’s counsel now moved to quash it, on the ground of its having issued contrary to the constitution and jaws Qf t¡le United States.
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HOMINE REPLEGIANDO. THIS was a writ de homine replegiando, sued out by the plaintiff, a coloured man, against the defendant, who was the keeper of the prison of the city and county of Philadelphia; r r j j a and the defendant’s counsel now moved to quash it, on the ground of its having issued contrary to the constitution and jaws Qf t¡le United States. The facts were submitted to the . . Court, m a case stated, by which it appeared, that the plamtiff having been claimed by Rasin Gale, of Kent county, in state °f Maryland, as a fugitive from his service, was ar~ rested by him in the county of…
1Opinion of the Court
The opinion of the Court was delivered by
Tilghman C. J.
This is a matter of considerable importance, and the Court has therefore held it some days under advisement. Whatever may be our private opinions on the subject of slavery, it is well known that our southern brethren would not have consented to become parties to a constitution under which the United States have enjoyed so much prosperity, unless their property in slaves had been secured. This constitution has been adopted by the free consent of the citizens of Pennsylvania, and it is the duty of every man, whatever may be his office or…
2Cited by4 opinions
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- Commonwealth v. GriffithMassachusetts Supreme Judicial Court · 1823
- Ex parte BushnellOhio Supreme Court · 1859
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