In 1837, the very year Taney took his seat on the Supreme Bench, he gave the opinion of the Court in the cases of the Garonne and the Fortune, two vessels libelled, under the act of 1818, for bringing as slaves into New Orleans persons who had, in 1831 and 1835, been carried to France and some of them manumitted there. The judge then said that, "assuming that by French law they were entitled to freedom, there is nothing in this act to prevent their mistress bringing them back and holding them _as before_."
He seems to have considered it immaterial, or to have been ignorant, that, in accordance with the maxim, "Once free, forever free," declared in the courts of his own State of Maryland, the courts of Louisiana held, as did those of Kentucky and other States also, that, "having been for one moment in France, it was not in the power of her former owner to reduce her again to slavery," and to have forgotten the doctrines of one of his own opinions.
Slavery, when he came upon the bench, began to look to the Supreme Court as its surest defence.
The Prigg case, as it is called, or, as lawyers call it, Prigg _vs._ The Commonwealth of Pennsylvania, was an amicable suit; the parties in interest being the States of Maryland and Pennsylvania, which were represented by the ablest counsel, who came into court, as Johnson, Attorney-General of Pennsylvania, said, "to terminate disputes and contentions which were arising, and had for years arisen, along the border line between them, on the subject of the escape and delivering up of fugitive slaves." The counsel regarded themselves, as he said, as engaged in "the work of peace," and "of patriotism also."
Edward Prigg and others were indicted in Pennsylvania for kidnapping a negro woman on the 1st of April, 1837. The cause came to trial before the York Quarter Sessions, May 22, 1839; and the counsel agreed that a special verdict should be taken and judgment rendered, and thereupon the case carried up, so as to present the questions of law arising, under the Pennsylvania Emancipation Act of 1780, upon the United States act of 1793 touching fugitives from labor, and the statute of Pennsylvania passed in 1826, which provided for the seizure and surrender of fugitive slaves and for the punishment of kidnapping. The case was made up and presented in that spirit of compromise which has been the bane and delusion of America, (as if there could be any compromise of justice,)--the counsel for Pennsylvania claiming that their statute was auxiliary to that of the United States, really beneficial to Slavery, and that they advocated the true interests of the South as well as of the Union and the North,--in order to have the Judiciary authoritatively settle the vital question of the rights of the master in the seizure, and of the States in the rendition, of fugitive slaves. The Court decided, fully, that the master had a right to seize his fugitive slave wherever he could find him, and take him back without process; that the law of 1793 was constitutional; and that the United States had the exclusive power of legislation on that matter.