CHAPTER VI.
_THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865)._
Sec. 85. The Fugitive Slave Law in the crisis of 1860-61. Sec. 86. Propositions to enforce the Fugitive Slave Law. Sec. 87. Propositions to repeal or amend the law. Sec. 88. The question of slaves of rebels. Sec. 89. Slavery attacked in Congress. Sec. 90. Confiscation bills. Sec. 91. Confiscation provisions extended. Sec. 92. Effect of the Emancipation Proclamation (1863). Sec. 93. Fugitives in loyal slave States. Sec. 94. Typical cases. Sec. 95. Question discussed in Congress. Sec. 96. Arrests by civil officers. Sec. 97. Denial of the use of jails in the District of Columbia. Sec. 98. Abolition of slavery in the District of Columbia. Sec. 99. Regulations against kidnapping. Sec. 100. Repeal of the Fugitive Slave Acts. Sec. 101. Early propositions to repeal the acts. Sec. 102. Discussion of the repeal bill in the House. Sec. 103. Repeal bills in the Senate. Sec. 104. The repeal act and the thirteenth amendment. Sec. 105. Educating effect of the controversy.
=Sec. 85. The Fugitive Slave Law in the crisis of 1860-61.=--If the number of interesting fugitive slave cases falls off in the latter part of the decade from 1850 to 1860, it is not because the law was better enforced, but because it was little enforced. The continued interference of the friends of the slave had proved that a fugitive could not safely be recovered in Massachusetts, and that no punishment could be secured for those who helped him to his freedom. The personal liberty bills added serious legal obstacles. The Supreme Court of Wisconsin even went so far as to declare the national act of 1850 unconstitutional.[302] In 1859 John Brown, in his Harper's Ferry raid, attempted to establish a centre to which fugitives might flock; and although he was defeated, he had the sympathy of a large number of persons in the North, including some public men.
In the violent debates of 1860-61, one of the frequent charges brought by the southern members against the North was its persistent refusal to execute the Fugitive Slave Act, or to permit it to be executed.[303] Even Republican members disclaimed responsibility for their party, and urged that the personal liberty bills should be repealed.[304] Other bolder spirits seized the opportunity to urge a repeal of the act, and in the various compromise propositions introduced were several attempts to modify the existing constitutional provision on the subject.
=Sec. 86. Propositions to enforce the Fugitive Slave Law.=--In the crisis of 1860 the South seemed to expect a general settlement of the slavery question like that of 1850, and therefore demanded a more effective act for the return of fugitives. President Buchanan, in his message of December 4, 1860, recommended "explanatory" constitutional amendments which should recognize the master's right to the recovery of his fugitive slaves, and the validity of the Fugitive Slave Law. He recommended also a declaration against State laws impairing the right of the master, as being violations of the Constitution, and consequently null and void.[305] This recommendation was followed, December 12, 1860, by no less than eleven resolutions upon the subject in the House.[306] Of these five were constitutional amendments. Several provided, as a pacific measure, that the town, county, or State, guilty of neglect to return a fugitive, might be sued by the owner of the slave for the amount thus lost to him.[307] The most arbitrary proposition was that of Mr. Hindman. It denied representation in Congress to any State which should hold in force laws hindering the delivery of fugitives.[308]
Another resolution inquired into the expediency of declaring it felony to resist an officer of the United States in the execution of the law, or to attempt to rescue a runaway.[309]
=Sec. 87. Propositions to repeal or amend the law.=--On the other hand, antislavery members insisted that the provision for the return of fugitives was already too severe; but only one of the resolutions proposed any amendment in favor of the slave. Mr. Kilgore proposed to give a trial by jury before a fugitive should be returned.[310]
As early as 1860 Mr. Blake had introduced into the House a bill to repeal the law of 1850. It was read twice, and referred to the Committee on the Judiciary, from whom it was never reported.[311] At that time Congress, in alarm at the state of the country, was vainly striving to mend matters by making the Fugitive Slave Law even more effective. March 1, 1861, the select committee of thirty-three brought in a bill for the amendment of the law of 1850; it allowed an appeal to the Circuit Court of the United States where jury trial was to be given. The bill passed the House the same day; but in the Senate it never got beyond the first reading.[312]
[Sidenote: Enforcement. Slaves of Disloyal Men.]
=Sec. 88. The question of slaves of rebels.=--With the beginning of the Civil War in 1861 the last period in the study of fugitive slaves opens, to close only with the repeal of the Fugitive Slave Law and the abolition of slavery.
New conditions now surrounded the slaves. Their masters were away in the army; many homes were broken up, and confusion reigned instead of law; the strict discipline and oversight necessary for the maintenance of the slave system was impossible. Opportunities for escape occurred everywhere and at all times. Since war had brought the Northern people down into their own land, the slave no longer needed to travel hundreds of miles to find friends; the Northern camps were perhaps but a few miles from his own plantation. In this way negroes began to gather around the Federal camps in such numbers that the question of disposing of them became serious. If the Fugitive Slave Law of 1850 were considered as still binding, their apprehension and return were necessary; but many of the masters were in arms against the government; should they still be protected in their property? The belligerent position of the South seemed to preclude any right on the part of disloyal owners to ask for the benefit of the law.
To meet the changed conditions no policy had as yet been developed by the government. The first solution of the problem was made at Fortress Monroe by General Butler. He drew an analogy from international law, which makes material of war imported into the country of a belligerent lawful prize to the army or navy of the other belligerent. Regarded as property, the slaves of rebels could be of great service to them, and of equal help to the government in suppressing rebellion. Regarded as persons, they had escaped from communities where rebellion was in progress, and they asked protection from the government to which they were still loyal. In May, 1861, General Butler therefore replied to all demands for fugitives that he should retain them as "contraband of war." The answer was widely spread, and "contraband" became the name by which such negroes were known.[313]
=Sec. 89. Slavery attacked in Congress.=--A series of attacks upon slavery now began in Congress. To many persons the fact that the institution was recognized in the Constitution seemed sufficient ground for protecting it. No doubt was entertained of the power of Congress to confiscate the ordinary property of rebels; but such persons deprecated all interference with slaves, who were supposed to possess a kind of constitutional immunity, wholly unknown to and above all other property.[314] In the minds of antislavery men, "no greater fallacy was ever asserted than this attempt thus to link 'the institution' and the Constitution indissolubly together, to engraft the former upon the latter, to make slavery the corner stone of the nation, to be guarded and protected by the government."[315] Nevertheless, the existence of slavery in the Border States which had remained loyal made Congress very cautious as to general enactments. On the other hand, no form of property held by rebels was so vulnerable; slaves could not only be seized as the lines of the Northern troops extended, they could, by actual law or by kindly reception, be invited across the lines. Both the passions aroused by civil war and a humane pity for the slave urged the government to deprive the master engaged in secession of the services of his slave.
[Sidenote: Confiscation Bills.]
=Sec. 90. Confiscation bills.=--July 18, 1861, Mr. Chandler and Mr. Trumbull introduced general confiscation bills in the Senate; they were both referred to the Committee on the Judiciary. In the discussion Mr. Trumbull offered as an amendment "that whenever any person claiming to be entitled to the service or labor of any other person, under the laws of any State, shall employ such person in aiding or promoting any insurrection, or in resisting the laws of the United States, or shall permit or suffer him to be so employed, he shall forfeit all right to such service or labor, and the person whose service or labor is thus claimed shall be thenceforth discharged therefrom, any law to the contrary notwithstanding."[316]
The proposition aroused considerable opposition, since it was a step far in advance of anything which had yet been done against the interests of slavery, and any proposition which advocated "an act of emancipation," however limited and qualified, was the signal for hot discussion. The opposing party announced that "nothing will come of it but more irritation,"[317] and in each crisis statesmen should "observe all possible toleration, all conciliation, all liberality."[318] Mr. Wilson upheld the opposite opinion, and thought that the time had come when this government, and the men who are in arms under the government, should cease to return their fugitive slaves to traitors.
The bill passed the Senate July 22, 1861. In the House it was amended so as to limit the negroes to be freed more strictly to those employed in military service.[319] The bill went back to the Senate, which concurred in the amendment,[320] and it received the signature of the President, August 6, 1861.[321]
[Sidenote: The Emancipation Proclamation.]
=Sec. 91. Confiscation provisions extended.=--Propositions more far reaching were introduced into the Senate in the session of 1861-62.[322] January 15, 1862, Mr. Trumbull, from the Committee on the Judiciary, to whom the various propositions had been referred, reported an original bill, and asked that the committee be discharged from the consideration of others.[323] March 14, 1862, Mr. Harris introduced into the Senate a bill to confiscate the property of rebels and for other purposes.[324] These propositions were considered at length, but never came to a vote. It is not necessary to enter here into the discussion of confiscations and of the constitutional right of Congress to free the slaves; in most of the bills there was a provision against the return of slaves to disloyal masters.
The Harris bill declared that, before any order for the surrender of fugitives should be given, the claimant must establish not only his title to the slave, as was then provided by law, but also that he is and has been loyal to the United States during the Rebellion. Mr. Pomeroy objected to this because it would make it "obligatory on the government of the United States to surrender a person claimed to be indebted to another for service or labor, if the claimant proves that he is loyal to the government. Would not this re-enact the Fugitive Slave Law of 1850?"[325] An amendment was therefore adopted which so changed the law that any reference to the act of 1850 was avoided.[326] After several debates the proposition was recommitted, May 6.[327] Mr. Clark reported a bill, May 14, which retained the provision in regard to fugitives as at first offered.[328]
In the House, resolutions on confiscation and emancipation were offered on the first day of the session, but the final action was based upon one of several bills introduced by Mr. Eliot, May 14, 1862.[329] His first bill, upon the confiscation of the property of the rebels, need not be followed out here; but the second bill provided for the emancipation of the slaves of disloyal masters, and forbade their return as fugitives. After various recommitments[330] a bill was brought in, according to which, in any suit brought by a claimant to recover the possession of slaves to enforce such service or labor, it was to be a sufficient bar to allege and prove that the master was disloyal to the government.[331] The bill then passed the House by a vote of 82 to 54.[332]
When it came up in the Senate, June 23, 1862, Mr. Clark moved to strike out all after the enacting clause, and to insert a substitute which would again unite the confiscation and emancipation bills. This amendment was rejected by the House, and a conference committee was appointed which reported July 11 and 12. The fugitive from a disloyal master was by this compromise to be deemed a captive of war, and forever freed from servitude.[333] The report was adopted by both houses, and approved by the President, July 17, 1862.[334] From that date any slave of a disloyal master who could make his way into the territory occupied by the Northern troops was _ipso facto_ free. The fugitive was to become a freeman.
=Sec. 92. Effect of the Emancipation Proclamation (1863).=--The complete emancipation of the negroes within the Confederate lines was the next logical step, and was demanded as a war measure. It deprived the Confederacy of the aid of these slaves, and at the same time made it possible to arm and employ the former slaves against their masters. September 22, 1862, President Lincoln issued his preliminary proclamation, by which he warned the South that, unless it should return to its allegiance, all persons held as slaves in the States in rebellion on the 1st of January, 1863, should be "thenceforth and forever free."
At the end of one hundred days the final and absolute Proclamation was put forth, January 1, 1863. It declared also that negroes might be received into the armed service of the United States; and henceforth throughout the war, the former slaves were enrolled as soldiers and did good service for the government.
The effect of this proclamation was to end slavery, and with it the return of fugitives, within the Confederate lines. But here the legal machinery of the government had no effect; the State laws relating to slavery might be considered suspended, but practically the laws and practices of the Confederacy prevailed. On the other hand, the Fugitive Slave Law yet existed upon the statute-book where the Union had power; the arrest and imprisonment of fugitives was yet legal, and many desired to see the law repealed as another step toward the final crushing out of the system.
[Sidenote: Fugitives from Loyal Slave States.]
=Sec. 93. Fugitives in loyal slave States.=--From the beginning of the war one of the most embarrassing questions which had come before Congress was, How shall the slaves of loyal owners be treated? The necessity of holding the Border States firm for the Union disposed many to support only the most conciliatory measures; but these States were a part of the theatre of war. Northern armies now occupied parts of the Confederacy as well, and among the great numbers of blacks who flocked to the Union camp it was impossible to separate the slaves of the loyal from the disloyal. Moreover, it was necessary that there should be some uniformity of method. Without specific law, the reception given to fugitives from loyal masters must vary with the views of each commanding officer with whom they sought refuge.
=Sec. 94. Typical cases.=--Cases began to occur very early in the struggle. In 1861 a slave called Wisdom ran away from Georgetown, and was taken in by some wagoners belonging to the Northern army. He soon found work, but his master succeeded in tracing him, and came to camp to claim him. He demanded the slave of Captain Swan, officer of the day. Captain Swan hoped the man might be smuggled away, and so delayed the search as long as possible. The master then went to Colonel Cowden, who immediately ordered the slave to be surrendered, without the form of proceedings prescribed by the act of 1850, and in disregard of the fact that the master was not provided with the necessary certificate. When the facts became known in Massachusetts and elsewhere, there was great indignation. The Colonel was hung in effigy in Boston, with the following inscription: "Colonel Cowden, of Burns rendition notoriety, is now practising his tricks at kidnapping in Washington."[335]
Major Sherwood of the 11th West Virginia Regiment had, in 1861, employed a colored refugee as his servant. The owner sent a United States marshal to Brigadier General Boyle, who gave an order for his rendition. Major Sherwood sent a message that he would give up his sword, but, while he was in command, no fugitive should be returned. He was placed under arrest for disobedience, to await court-martial; but General Staunton ordered General Boyle's order revoked, and Major Sherwood was never tried. In the mean time the boy had been sent away concealed under the seat of an ambulance, and reached Canada in safety.[336]
=Sec. 95. Question discussed in Congress.=--As early in the war as 1861, a number of resolutions were brought into Congress, designed to meet this difficulty,[337] and Mr. Lovejoy introduced a bill making it a penal offence "for any officer or private of the army or navy to capture or return, or aid in the capture or return" of fugitive slaves.[338] The bill was referred to the Committee on the Judiciary, which reported adversely upon it, April 16, 1862.[339] December 16, 1861, Mr. Hale had offered a resolution, which was adopted, looking toward a uniform method of dealing with the slaves of rebels.[340] Mr. Sumner brought in another on December 17, which forbade the employment of the armies in the surrender of fugitives.[341] "I ask, sir," said the writer of a letter read by Mr. Sumner, "shall our sons, who are offering their lives for the preservation of our institutions, be degraded to slave catchers for any persons loyal or disloyal? If such is the policy of the government, I shall urge my son to shed no more blood for its preservation."[342] Another protest came from two German companies in one of the Massachusetts regiments, who, when they enlisted, entered the service with the understanding that they should not be put to any such discreditable service. They complained, and with them the German population generally throughout the country.[343]
Some proof that the owner of the slave was at least loyal to the government seemed necessary, if rendition were to be made at all; though antislavery men were determined to admit no return of fugitives under any circumstances. December 20, 1861, a resolution of Mr. Wilson's was adopted, for an additional article of war forbidding officers from returning fugitives under any consideration.[344] A bill was introduced, discussed, and somewhat amended, but never passed.[345]
Mr. Blair's bill, of February 25, 1862, from the Committee on Military Affairs in the House, was to the same purpose.[346] This, however, was successfully carried in both houses, and signed by the President, May 14, 1862. In the discussion, Mr. Mallory opposed the bill, because it seemed to him that it would prevent the President of the United States from sending a military force into a State to aid the authorities in enforcing a national law which stands upon the statute-book.[347] Mr. Bingham answered this objection by saying that it simply determined that for the future, as in the past, the army and navy should not exercise functions which belong solely to the civil magistrates.[348]
=Sec. 96. Arrests by civil officers.=--The act of May 14, 1862, applied only to army officers. Notwithstanding the opportunities then offered for escape, wandering negroes were still liable to be seized by civil authorities and placed in jail. In this way numbers of negroes, many of them really free, were arrested, on the supposition of being runaways, and were imprisoned without trial for an indefinite length of time. An advertisement in 1863 shows the method then in use.
"There was committed to the jail of Warren County, Kentucky, as a runaway slave, on the 29th September, 1862, a negro man calling himself Jo Miner. He says he is free, but has nothing to show to establish the fact. He is about thirty-five years of age, very dark copper color, about five feet eight inches high, and will weigh about one hundred and fifty pounds. The owner can come forward, prove property, and pay charges, or he will be dealt with as the law requires.
"R. J. POTTER, J. W. C. "March 16, 1863. 1 m."[349]
[Sidenote: District of Columbia.]
=Sec. 97. Denial of the use of the jails in the District of Columbia.=--Several efforts were made to remedy this state of things, at least in the territory over which Congress had exclusive control. December 4, 1861, Mr. Wilson, who had been investigating the condition of the District of Columbia jail in Washington, offered a joint resolution for the release of all fugitives from service or labor therein held.[350] It appeared that some sixty persons were imprisoned solely because they were suspected of being runaways, and had been allowed no opportunity to prove the contrary. A free boy from Pennsylvania came to Washington with the 5th Pennsylvania Regiment. He was found in the streets and sent to jail. Another boy, who was working for the soldiers on the railroad, was also taken up and placed there.[351]
Mr. Wilson struck at the root of the matter by a resolution, which was agreed to, looking to the revision of all the laws in the District of Columbia providing for the arrest of persons as fugitives from service or labor, and to consider the expediency of abolishing slavery in the District.[352]
On December 9, 1861, Mr. Bingham introduced a resolution for the repeal of all acts in force in the District of Columbia which authorized the commitment of runaways and suspected runaways to the jail; it was referred to the Committee on the Judiciary.[353] Mr. Fessenden asked that the Committee on the District of Columbia investigate and report upon the condition of the jail; this was agreed to.[354]
A few weeks later, December 30, 1861, Mr. Grimes presented a bill in the Senate in regard to the administration of criminal justice in the District. This was read and referred to the committee, which reported it, January 6, 1862.[355] Efforts were immediately made to prevent fugitive slaves from being included in the general jail delivery contemplated by the bill. Mr. Powell, in the debate upon his amendment to that purpose, urged that so long as the institution of slavery existed in the South, no such measure ought to prevail.[356] Mr. Grimes supported his measure by giving some examples of exceedingly unjust cases which had occurred. "A young colored fellow, who came as a servant of an officer from the vicinity of Pittsburg, was thrown into this jail in August last. The regiment to which he was attached went forward toward the face of the enemy. There was nobody here to look after him. There is no doubt as to his being a free boy, yet he was there on the first day of this month." To such cases he desired to have the law apply. "They have here in this District and in Maryland what they call an apprehension fee. They have a law which declares that if any slave wanders a certain distance from the residence of his master, he may be taken up as a fugitive. There are persons in this vicinity, I am credibly informed, who are lying in wait all around your city and the surrounding country, in hope that they can find some poor colored man or woman who is out picking berries and visiting a friend, and who will wander a little further than the distance established by law from the residence of the master."[357] The opinion that such injustice ought to be corrected prevailed, and the amendment was rejected. After much discussion the bill passed the Senate, January 14, 1862,[358] and it was approved by the President on the same day. Thenceforward the Fugitive Slave Law was practically a dead letter at the seat of government, since the necessary machinery was lacking, and the spirit of the administration was opposed to it. The new act was in effect a national personal liberty bill.
=Sec. 98. Abolition of slavery in the District of Columbia.=--The work contemplated by all the propositions was finally accomplished in one act. On December 16, 1861, Mr. Wilson had offered a bill in the Senate for the total abolition of slavery in the District of Columbia. It was reported with amendments a few weeks after the passage of the act denying the use of jails, and on February 24, 1862, Mr. Wilson presented a supplementary bill.[359]
The debates upon this proposition were long and interesting. The South regarded it as "an entering wedge of something more comprehensive and radical,"[360] as preparatory to the abolition of slavery in the whole country by Congress. The antislavery party rejoiced that at last an opportunity had come for freeing the national capital from the disgrace of slavery. The bill passed both houses, and was approved April 16, 1862.[361] By the final section of the act the black code of Maryland was wiped out, and the severe local provisions against fugitives, which had not been repealed by the previous act, were at last taken away. It remained only to attack the last stronghold of the system,--the two acts of 1793 and 1850.
=Sec. 99. Regulations against kidnapping.= In the act of April 16, 1862, were included regulations against kidnapping,--a practice made easy by the unsettled state of the country. It seems to have been largely carried on not only by Southerners, but also by unprincipled soldiers connected with the Union army. The Liberator of March 27, 1863, notices such a case. Some men from the 99th Regiment of New York Volunteers kidnapped a free colored man at Norfolk, Virginia. They took his horse, cart, and the provisions which he had just bought, and offered him for sale to be sent South. During the absence of his captors for a few moments, the man was able to work off his bonds and to escape in the darkness. He immediately went before a provost marshal, told his story, and recognized one of his captors who was just entering the door. What the consequences of this meeting were the "Liberator" does not tell us; but the impression is given that the negro was saved from his pursuers.[362]
[Sidenote: Repeal of the Acts proposed.]
=Sec. 100. Repeal of the Fugitive Slave Acts.=--By the successive acts of Congress and the President, the legal effect of the Fugitive Slave Laws was now confined practically to the limited area of the Border States. No officer, civil or military, could return a fugitive into the Confederate lines. Slavery was forbidden in the District of Columbia, and there could be no escapes thence; and Congress forbade the use of the jails of the District for the confinement of fugitives from slaveholding regions. In the free States the rendition of slaves, though still legally required, had long since ceased. The final step was delayed till 1864.
=Sec. 101. Early propositions to repeal the acts.=--Repeal, however, was preceded by many earlier propositions. The Committee on the Judiciary, to which was referred Mr. Howe's bill, presented December 26, 1861,[363] did not report until 1863, and then with the opinion that it ought not to pass. In introducing his repeal measure, Mr. Howe spoke of the bill of 1850 as one "which has probably done as much mischief as any other one act that was ever passed by the national legislature. It has embittered against each other two great sections of the country."[364] To take away the law of 1850 would leave in force the act of 1793, which was "good enough."
June 9, 1862, soon after the passage of the acts on the District of Columbia, Mr. Julian presented in the House another repeal bill, which was referred to the Committee on the Judiciary.[365] As the war progressed, and the antislavery sentiment began to outweigh all others, it became evident that the old law could not much longer obtain. Nevertheless the question was set aside during the session of 1862-63, but in 1863-64 five bills were introduced looking to the repeal of the acts.[366]
Mr. Morris, from the committee to whom all bills for repeal had been referred, reported a substitute for them, June 6, 1864, and this was the basis of the final action of Congress.[367]
[Sidenote: Discussion of Repeal Bills.]
=Sec. 102. Discussion of the repeal bill in the House.=--Had the country been divided simply into two parts, the slaveholding Southern Confederacy and the free loyal North, little discussion could have arisen. The third element, the slaveholding States which remained firm for the Union, rendered the question far more complex. The bill therefore aroused much indignation. Mr. Mallory demanded, as an act of justice to his State, that "the Fugitive Slave Act be permitted to remain on the statute-book. If you say it will be a dead letter, so much less excuse have you for repealing it, and so much more certainly is the insult and wrong to Kentucky gratuitous. This act, by which you declare your intention not to obey the injunction of the Constitution is wanton and useless, except for the purpose of bravely exhibiting your contempt for that instrument." "The framers of the Constitution gave us the right to reclaim fugitive slaves. It was conceded not as a favor, but as a right." "Kentucky has remained true to her faith pledged to the government, and I warn you not to persevere in inflicting on her insult and outrage."[368]
Again, one of the reasons for the departure of the Southern States, was the "bad faith of the Northern States,--the fatal infringement of this part of the Constitution. It was because of Personal Liberty bills, John Brown raids, and general denunciation and intermeddling with slavery."[369] Many members urged that there could be no more reckless action than to show to the Border States an apparent disregard of the Constitution. Mr. Cox considered the law the only refuge left to a certain class of citizens to protect their "rights." It would be like saying to them, We place the penalty of the treason of the revolted slaveholders on your innocent heads. "We add to your calamities the ingratitude and treachery of the government to which you have adhered."[370]
The final discussion, June 13, opened with a long speech by Mr. King. The old arguments from the Constitution, the far-seeing wisdom of the fathers, the opinion of the Supreme Court in the Prigg case, and the harm done the Border States, were again rehearsed.[371]
In answer to Mr. King, Mr. Hubbard denied that the Constitution provided for the enactment of a law by Congress, and in any case, the treason of slavery had already absolved the people from any such obligation. It surely must be competent for this Congress to repeal any act which a previous Congress had enacted. For yet another reason the law should be repealed. Negro soldiers must be enlisted: "You cannot draft black men into the field, while your marshals are chasing women and children in the woods of Ohio with a view to render them back into bondage. The moral sense of the nation, ay, of the world, would revolt at it."[372] Again, this would make a conflict in our laws, said Mr. Morris. A colored man might enlist in our army, then, under the Fugitive Slave Law, "he might be seized and remanded to slavery; and as a further consequence, dealt with as a deserter from his post of duty."[373] It was also urged that unless slavery was to survive the war, the two acts were useless and obsolete statutes, which ought to be wiped out of existence. No one who believes that slavery is dead would desire to keep such a guaranty of the institution.[374] Mr. Hubbard then demanded the yeas and nays on the passage of the bill. It was declared in the affirmative, yeas 82, nays 57, and thus the repeal was successfully carried in the House.[375]
=Sec. 103. Repeal bills in the Senate.=--Mr. Sumner had already reported a repeal bill from the Committee on Slavery and Freedom in the Senate, February 29, 1864.[376] The progress of the bill was so delayed by the opposition, that Mr. Sumner at last gave notice that he should take every proper occasion to call up the bill, and press its consideration.[377]
In the debate several speeches were made against the measure, while Mr. Sumner defended it. To the antislavery party the act was constitutionally[378] and morally wrong, so against public sentiment that it could seldom be enforced, and the question of its repeal was as plain as a "diagram," "the multiplication table," or "the ten commandments."[379] They desired to strike slavery wherever they could hit it, and to "purify the statute-book, so that there should be nothing in it out of which this wrong can derive any support." It should be repealed for the sake of our cause in foreign lands.[380] "Since the outbreak of the Rebellion this statute has been constantly adduced by our enemies abroad as showing that we are little better than Jefferson Davis and his slave-monger crew; for slavery never shows itself worse than in the slave-hunter. It is a burden for our cause which it ought not to be obliged to bear."
To retain the law of 1793, framed by the founders of the Republic, and repeal the act of 1850 with its manifest injustice, was suggested as a desirable compromise. Mr. Sherman, therefore, offered an amendment to this effect, and it was accepted.[381] The friends of the measure then felt that the bill as it stood was of little value to the antislavery cause. Mr. Brown maintained that it was really a proposition to reinstate slavery in its fastness in the Constitution. "The civilized world, when it beholds the spectacle of the American Senate going back for three quarters of a century to resurrect a statute of slave-catching, and pass it anew with their indorsement, will credit very little all your talk about freedom. The act will give the lie to all argument."[382]
Before further action was taken on Mr. Sherman's bill, the repeal bill from the House came before the Senate, and was reported from the committee, June 15, 1864. It was discussed for several days, but no new arguments were offered, and, June 23, 1864, the bill passed the Senate by a vote of 27 to 12.[383] On the 25th of June it received President Lincoln's signature, and the Fugitive Slave Laws were swept from the statute-book of the United States.[384]
[Sidenote: Repeal of the Acts.]
=Sec. 104. The repeal act and the thirteenth amendment.=--The act was a simple one; it runs as follows:--
"Chap. CLXVI. An Act to repeal the Fugitive Slave Act of eighteen hundred and fifty, and all Acts and parts of Acts for the rendition of Fugitive Slaves.
"_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That sections three and four of an act entitled 'An act respecting fugitives from justice, and persons escaping from the service of their masters,' passed February twelve, seventeen hundred and ninety-three, and an act entitled 'An act to amend, and supplementary to, the act entitled An act respecting fugitives from justice, and persons escaping from the service of their masters, passed February twelve, seventeen hundred and ninety-three,' passed September, eighteen hundred and fifty, be and the same are hereby repealed.
"Approved, June 28, 1864."
The whole structure of statutes, decisions, and judicial machinery which had been erected to compel by national authority the people of free States to share in the responsibility for slavery, was at last overthrown. But the constitutional obligation remained; so long as a slave anywhere existed, the neighboring States were bound to pursue him, if he ran away, and might by statute provide for his return. The final step was therefore to complete the work of legal emancipation by the thirteenth amendment to the Constitution. On January 31, 1865, Congress voted to submit the following article to the States for their approval and ratification: "Art. XIII. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction." On December 18, 1865, the Secretary of State proclaimed that the amendment had been approved by twenty-seven of the thirty-six States, and was consequently adopted.
=Sec. 105. Educating effect of the controversy.=--The first act of 1793 was imperfect. It did not provide a national machinery whereby its provisions could be executed, and many of the States by means of the personal liberty laws refused to lend their officers and jails for the work. All efforts to amend the law were unsuccessful until the great compromise of 1850 gave opportunity to pass a second act.
This new measure remedied certain defects in the first statute, and was therefore more satisfactory to the slave-owners. As soon as it began to be executed, however, its provisions were found to be so severe that the trials and rescues it occasioned served only to educate the people to the evils of slavery by bringing its effects close to them. Thus, far from compelling the North to acquiesce in the system, it greatly increased the number of Abolitionists. The arraying of the North and South against each other in the Civil War intensified public sentiment upon the question, and led more and more to a loose execution of the law. It was found impracticable to return slaves to disloyal masters, and a law to prevent any such return was the next step toward the doing away of the whole system. Next came the question of the duty and power of the general government, within its exclusive jurisdiction: in 1862 all responsibility was disavowed. By this time the force of the law extended only to the loyal slave States, and the force of public opinion in 1864 withdrew the last statutory safeguard of slavery under the Constitution. A change in the text of the Constitution finally took away the force of the clause on which the return of fugitives was based.
We can see, at this distance, how clearly slavery was doomed to destruction, from the time the two sections first made it an issue in 1820; but there was no relation arising out of slavery except the territorial question which did so much as the fugitive slave controversy to hasten the downfall of the system. The contrast between the free principles of democratic government and human bondage was forced upon the attention of the North by the pursuit of fugitives in their midst. Yet without national machinery for the recapture of runaways the institution could not have long been maintained. There is no evidence that the North was profoundly stirred by the horrors of slavery before 1850; it was only when the North was called upon, in the Territories, and through the Fugitive Slave Law, to give positive aid to the system that the antislavery movement grew strong. Fugitive slaves and fugitive slave laws helped to destroy slavery.
[Footnote 302: Ableman v. Booth, 3 Wis., 1.]
[Footnote 303: Globe, 1860-61, p. 356, App. 197.]
[Footnote 304: Globe, 1860-61, (Baker) 228, (Burnham) 970.]
[Footnote 305: Senate Journal, 36 Cong. 2 Sess., p. 18. Appendix C, No. 1.]
[Footnote 306: House Journal, 36 Cong. 2 Sess., p. 60; Congr. Globe, 36 Cong. 2 Sess., 77. Appendix C, Nos. 2-12. For a list of proposed constitutional amendments bearing on fugitive slaves, I am indebted to Mr. H. V. Ames, of the Harvard Graduate School, who has kindly furnished me transcripts from his material for a forthcoming monograph on proposed amendments to the Constitution.]
[Footnote 307: Cong. Globe, 3 Cong. 2 Sess., 114. Appendix C, Nos. 2-12.]
[Footnote 308: House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 36 Cong. 2 Sess., 79. Appendix C, No. 10.]
[Footnote 309: House Journal, 36 Cong. 2 Sess., 67; Cong. Globe, 36 Cong. 2 Sess., 77. Appendix C, No. 3.]
[Footnote 310: House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 36 Cong. 2 Sess., 78. Appendix C, No. 11.]
[Footnote 311: Cong. Globe, 36 Cong. 2 Sess., 1328.]
[Footnote 312: Appendix C, No. 25.]
[Footnote 313: Liberator, Nov. 1, 1861; Edw. L. Pierce, in Atlantic Monthly, November, 1861.]
[Footnote 314: Cong. Globe, 36 Cong. 2 Sess., 1076.]
[Footnote 315: Cong. Globe, 36 Cong. 2 Sess., 1077.]
[Footnote 316: Cong. Globe, 37 Cong. 1 Sess., 218. Appendix C, Nos. 30, 31.]
[Footnote 317: Cong. Globe, 37 Cong. 1 Sess., 219.]
[Footnote 318: Cong. Globe, 37 Cong. 1 Sess., 412.]
[Footnote 319: House Journal, 37 Cong. 1 Sess., 197; Cong. Globe, 409, 410. Appendix C, No. 31.]
[Footnote 320: Senate Journal, 37 Cong. 1 Sess., 178; Cong. Globe, 434. Appendix C, No. 31.]
[Footnote 321: Cong. Globe, 37 Cong. 1 Sess., 454. Appendix C, No. 31.]
[Footnote 322: Appendix C, Nos. 37, 40, 44.]
[Footnote 323: Appendix C, No. 52.]
[Footnote 324: Appendix C, No. 59. Referred to the Committee on the Judiciary, and reported by them, April 16, 1862. Appendix C, No. 67.]
[Footnote 325: Cong. Globe, 37 Cong. 2 Sess., 944.]
[Footnote 326: Cong. Globe, 37 Cong. 2 Sess., 946.]
[Footnote 327: Appendix C, No. 71.]
[Footnote 328: Appendix C, No. 72.]
[Footnote 329: Appendix C, No. 73. Previous bills introduced by Mr. Eliot had been unfavorably reported on by the Judiciary Committee. Appendix C, No. 69.]
[Footnote 330: Appendix C, No. 75.]
[Footnote 331: Appendix C, No. 78.]
[Footnote 332: Appendix C, No. 78.]
[Footnote 333: Appendix C, No. 79.]
[Footnote 334: Appendix C, No. 79.]
[Footnote 335: Liberator, July 19, 1861; Appendix D, No. 68.]
[Footnote 336: Williams, History of Negro Race in America, 245; Appendix D, No. 69.]
[Footnote 337: Appendix C, Nos. 36, 43, 44, 46, 47, 48.]
[Footnote 338: Appendix C, No. 35.]
[Footnote 339: Appendix C, No. 66.]
[Footnote 340: Appendix C, No. 41.]
[Footnote 341: Cong. Globe, 37 Cong. 2 Sess., 110; Appendix C, No. 42.]
[Footnote 342: Cong. Globe, 37 Cong. 1 Sess, 130.]
[Footnote 343: Cong. Globe, 37 Cong. 1 Sess., 130.]
[Footnote 344: Appendix C, No. 47.]
[Footnote 345: Appendix C, No. 48.]
[Footnote 346: Appendix C, No. 58.]
[Footnote 347: Cong. Globe, 37 Cong. 2 Sess., 955.]
[Footnote 348: Cong. Globe, 37 Cong. 2 Sess., 956.]
[Footnote 349: Liberator, May 1, 1863 Extract from Frankfort Commonwealth.]
[Footnote 350: Appendix C, No. 33.]
[Footnote 351: Cong. Globe, 37 Cong. 2 Sess., 10.]
[Footnote 352: Appendix C, No. 33.]
[Footnote 353: Appendix C, No. 39.]
[Footnote 354: Appendix C, No. 38.]
[Footnote 355: Cong. Globe, 37 Cong. 2 Sess., 182; Appendix C, No. 51.]
[Footnote 356: Cong. Globe, 37 Cong. 2 Sess., 313.]
[Footnote 357: Cong. Globe, 37 Cong. 2 Sess., 264.]
[Footnote 358: Appendix C, No 51.]
[Footnote 359: Appendix C, Nos. 42, 54, 56.]
[Footnote 360: Wilson, Rise and Fall of the Slave Power in America, iii. 273.]
[Footnote 361: Appendix C, Nos. 62, 65.]
[Footnote 362: Appendix D, No. 68.]
[Footnote 363: Appendix C, No. 49.]
[Footnote 364: Cong. Globe, 37 Cong. 1 Sess., 1356.]
[Footnote 365: Appendix C, No. 76.]
[Footnote 366: Three bills were introduced in the House on the same day, December 14, 1863, by Messrs. Stevens, Julian, and Ashley. They were read twice and referred. Appendix C, Nos. 104, 106. Before the final consideration of the subject, on February 8, 1864, two more bills were introduced in Congress, Mr. Sumner's in the Senate, and Mr. Spalding's in the House. The former went to the Committee on the Judiciary, the latter to the Select Committee on Slavery and Freedom. Appendix C, No. 80.]
[Footnote 367: Appendix C, No. 80.]
[Footnote 368: Cong. Globe, 38 Cong. 1 Sess., 2774, 2775.]
[Footnote 369: Cong. Globe, 38 Cong. 1 Sess., 2914.]
[Footnote 370: Cong. Globe, 38 Cong. 1 Sess., 2914.]
[Footnote 371: Cong. Globe, 38 Cong. 1 Sess., 2911.]
[Footnote 372: Cong. Globe, 38 Cong. 1 Sess., 2913.]
[Footnote 373: Cong. Globe, 38 Cong. 1 Sess., 2919.]
[Footnote 374: Cong. Globe, 38 Cong. 1 Sess., 2917.]
[Footnote 375: Cong. Globe. 38 Cong. 1 Sess., 2920.]
[Footnote 376: Senate Journal, 38 Cong. 1 Sess., 196; Cong. Globe, 38 Cong. 1 Sess., 869; Appendix C, No. 80.]
[Footnote 377: Cong. Globe, 38 Cong. 1 Sess., 1175.]
[Footnote 378: Cong. Globe, 38 Cong. 1 Sess., 1710.]
[Footnote 379: Cong. Globe, 38 Cong. 1 Sess., 1709.]
[Footnote 380: Cong. Globe, 38 Cong. 1 Sess., 1713.]
[Footnote 381: Senate Journal, 38 Cong. 1 Sess., 348; Cong. Globe, 38 Cong. 1 Sess., 1710, 1714.]
[Footnote 382: Cong. Globe, 38 Cong. 1 Sess., 1752.]
[Footnote 383: Cong. Globe, 38 Cong. 1 Sess., 3191; Appendix C, No. 83.]
[Footnote 384: Appendix C, No. 116.]
APPENDIX A.
COLONIAL LAWS RELATIVE TO FUGITIVES.
The precise text is quoted in each case. The figures in brackets [] refer to paragraphs in the text. The sign (¤) indicates that the full text is to be found in the reference cited.
=1. New Netherlands:--Running away from Patroons. [Sec. 2].=
=1629, June 7.= Freedoms and exemptions. Granted by the West India Company to all Patroons, Masters or Private Persons who will plant Colonies in New Netherlands.--"XVIII. The Company promise the colonists of the Patroons.... XIX.--And any Colonist who shall leave the service of his Patroon and enter into the service of another, or shall, contrary to his contract, leave his service, we promise to do everything in our power to apprehend and deliver the same into the hands of his Patroon or attorney, that he may be proceeded against according to the customs of this country, as occasion may require."--¤_Laws and Ordinances of New Netherlands, 7._
=2. Massachusetts:--Capture and protection of servants. [Sec. 4.]=
=1630-1641.= "Acts respecting Masters, Servants, and Labourers."--"Sec. 3. It is also ordered, that when any servants shall run from their masters, or any other inhabitants shall privily go away with suspicion of evil intentions, it shall be lawful for the next magistrate, or the constable and two of the chief inhabitants where no magistrate is, to press men and boats or pinnaces at the publick charge, to pursue such persons by sea and land, and bring them back by force of arms.... Sec. 6. It is ordered, and by this court declared; that if any servant shall flee from the tyranny and cruelty of his or her master to the house of any freeman of the same town, they shall be there protected and sustained till due order be taken for their relief; provided due notice thereof be speedily given to their master from whom they fled, and to the next magistrate or constable where the party so fled is harboured."--¤_Charters and General Laws of the Colony and Province of Massachusetts Bay, 155._
=3. New Netherlands:--Runaway servants. [Sec. 6.]=
=1640, Aug. 7.= "Ordinance of the Director and Council of New Netherland, against Fugitives from Service, and providing for the proper drawing up of Legal Instruments." Passed 9 August, 1640. "Whereas many Servants daily run away from their masters, whereby the latter are put to great inconvenience and expense; the Corn and Tobacco rot in the field and the whole Harvest is at a stand still, which tends to the serious injury of this country, to their Masters' ruin, and to bring the magistracy into contempt. We, therefore, command all farm and house Servants faithfully to serve out their time with their Masters according to their contracts and in no manner to run away, and if they have any thing against their masters, to come to Us and make application to be heard in due form of Law, on pain of being punished and of making good all losses and damages of their Masters and serving double the time they may lose.... We do, also, forbid all inhabitants of New Netherland to harbor or feed any of these Fugitive Servants under the penalty of Fifty guilders, for the benefit of the Informer; 1/3 for the new Church and 1/3 for the Fiscal." Dated as above.--¤_Laws and Ordinances of New Netherlands, 32._
=4. Maryland:--Runaway apprentices felons.=
=1642, March 26.= Act against Fugitives.--"It shall be felony in any apprentice Servant to depart away secretly from his or her Master or dame then being with intent to convey him or her Selfe away out of the Province. And on any other person that shall wittingly accompany such Servant in such unlawfull departure as aforesaid. And the offendors therein shall suffer paines of death, and after his due debts paid shall forfeit all his Lands, goods, & Chattels within the Province. Provided, that in Case his Lordship or his Leivt't-Generall shall at the request of the partie so condemned exchange such pains of death into Servitude, that then such exchange shall not exceed the term of Seaven years, and that the Master or dame of the parties so pardoned of death shall first be satisfied for the terme of such parties Service unexpired from the day of such unlawfull departure, and for double the time of his absence dureing his said departure."--¤_Archives of Maryland, Assembly Proceedings, 124._
=5. New Netherlands:--Against harboring fugitive servants. [Sec. 6].=
=1642, April 13.= "We have interdicted and forbidden, as we do hereby most, expressly interdict and forbid, all our good inhabitants here, from this time henceforward, lodging any strangers in their houses, or furnishing them more than one meal and harboring them more than one night without first notifying the Director," etc.--¤_Laws and Ordinances of New Netherlands, 32._
=6. Virginia:--Entertainment of fugitives. [Sec. 3].=
=1642-3, March.= Act XXI. "Whereas complaints are at every quarter court exhibited against divers persons who entertain and enter into covenants with runaway servants and freemen who have formerly hired themselves to others, to the great prejudice if not the utter undoeing of divers poor men, thereby also encouraging servants to runn from their masters and obscure themselves in some remote plantation. Upon consideration had for the future preventing of the like injurious and unjust dealings, _Be it enacted and confirmed_ that what person or persons soever shall entertain any person as hireling, or sharer, or upon any other conditions for one whole yeare, without certificate from the commander or any one commissioner of the place, that he or she is free from any ingagement of service. The person so hireing without such certificate as aforesaid, shall for every night that he or she entertaineth any servant, either as hireling or otherwise, fforfeit to the master or mistris of the said servant twenty pounds of tobacco. And for evrie freeman which he or she entertaineth (formerly hired by another) for a year as aforesaid, he or she shall forfeit to the party who had first hired him twenty pound of tobacco for every night deteyned. And for every freeman which he or she entertaineth (though he hath not formerly hired himselfe to another), without certificate as aforesaid, And in all these cases the party hired shall receive such censure and punishment as shall be thought fitt by the Governor and Counsell: Allways provided that if any such runnaway servants or hired freemen shall produce such a certificate, wherein it appears that they are freed from their former masters service, or from any such ingagement respectively, if afterwards it shall be proved that the said certificates are counterfeit then the retayner not to suffer according to the penalty of this act, But such punishment shall be inflicted upon the forger and procurer thereof as the Governor and Council shall think fitt."--¤_Statutes at Large. Hening, Laws of Virginia, I. 253._
=7. Virginia:--Runaway servants. [Sec. 3.]=
=1642-3, March.= Act XXII. "_Be it therefore enacted and confirmed_ that all runaways that shall absent themselves from their said master's service shall be lyable to make satisfaction by service at the end of their tymes by indenture (vizt.) double the tyme of service soe neglected, and in some cases more if the commissioners for the place appointed shall find it requisite and convenient. And if such runaways shall be found to transgresse the second time or oftener (if it shall be duely proved against them), that then they shall be branded in the cheek with the letter R. and passe under the statute of incorrigible rogues."--¤_Statutes at Large. Hening, Laws of Virginia, I. 254._
=8. New England Confederation:--Articles of Confederation. [Sec. 8.]=
=1643, Aug. 29.= VIII. "It is also agreed that if any servant runn away from his master into any other of these confederated Jurisdiccons, That in such Case, vpon the Certyficate of one Magistrate in the Jurisdiccon out of which the said servant fled, or upon other due proofe, the said servant shalbe deliuered either to his Master or any other that pursues and brings such Certificate or proufe."--¤_Plymouth Colony Records, IX. 5._
=9. Connecticut:--Servants and apprentices.=
=1644, June 3.= "Whereas many stubborn, refrectary and discontented searuants and apprentices with drawe themselves from their masters searuices, to improue their tyme to their owne aduantage; for the preuenting whereof, It is Ordered, that whatsoeuer searuant or apprentice shall heareafter offend in that kynd, before their couenants or terme of searuice are expiered, shall searue their said Masters, as they shall be apprehended or retayned the treble terme, or threefold tyme of their absense in such kynd."--¤_Connecticut Records, I. 105._
=10. New Netherlands:--Entertainment of runaways.=
=1648, Oct. 6.= Ordinance of the Director and Council of New Netherland against Fugitives from Service. Passed 6 October, 1648.--"The Director General and Council hereby notify and warn all persons against harboring or entertaining any one bound to service either to the Company or to any private individual here or elsewhere, and against lodging or boarding them at most longer than twenty-four hours, and if any one shall be found to have acted contrary hereto, he shall forfeit a fine of fl. 150, to be paid to whomsoever will make the complaint and it may appertain."--¤_Laws and Ordinances of New Netherlands, 104._
=11. Maryland:--Against fugitives.=
=1649.= _Archives of Maryland, Assembly Proceedings, 249._
=12. Maryland:--Against fugitives.=
=1654, Oct.= _Archives of Maryland, Assembly Proceedings, 348._
=13. Virginia:--Penalty for second offence.=
=1655-6, March.= "Act XI. _Be it enacted by this Grand Assembly_ that if any runnaway servant offend the second time against the act in March, 1642, concerning runnaway servants, that he shall not onely be branded with the letter R., and passe under the statute for an incorrigible rogue, but also double his time of service so neglected, and soe likewise double the time that any time afterward he shall neglect, and in some cases more if the Commissioners think fitt: And be it further enacted by the authority aforesaid, that he or she that shall lodge or harbour any such runnaway shall not only pay 20 lb. of tobacco per night, but also 40 lb. of tobacco per day so long as they shall be proved to entertaine them, contrary to an act of assembly in March, 1642."--¤_Statutes at Large. Hening, Laws of Virginia, I. 401._
=14. New Netherlands:--Treaty with United Colonies. [Sec. 11.]=
=1656.= Resolution of the States General ratifying the treaty of Hartford, passed February 22, 1656.--"Respecting Fugitives. It is agreed that the same method shall be observed between the United English Colonies and the Dutch nation in this country of New Netherland, agreeably to the eighth Article of the confederation between the United English Colonies in that case provided."--¤_Laws and Ordinances of New Netherlands, 216._
=15. City of Amsterdam:--Runaway colonists banished.=
=1656, December.= Articles and Ordinances revised and enacted by the Right Honorable the Lords Burgomasters of the City of Amsterdam, according to which shall be engaged and sworn all those who shall hereafter enter the service of the Lord's Burgomasters of the City of Amsterdam, for the purpose of going with their own, or chartered ships to New Netherlands and the limits of the West India Company's Grant, etc. Passed December, 1656.--"Whoever runs off to the French, English, or any other Christian or Indian neighbors by whatsoever name they may be called, shall, in addition to the forfeiture of all his monthly pay to the City, be banished forever from New Netherland as a perjured villain, and if he afterward come to fall into the hands of the City, he shall, without any consideration, be punished by death or otherwise, according to the exigency of the case."--¤_Laws and Ordinances of New Netherlands, 273._
=16. Virginia:--Entertainment of runaways.=
=1657-8, March.= Act XV. Concerning Hireing Servants. Thirty pounds of tobacco shall be paid for every night a servant or person without a certificate is entertained.--_Statutes at Large. Hening, Laws of Virginia, I. 439._
=17. Virginia:--Punishment of runaways.=
=1657-8, March.= Act XVI. Against Runnaway Servants. Runnaways shall double the time of service absent at the end of their time of indenture. For the second offence they shall be branded with the letter R. and double the time lost.--_Hening, Laws of Virginia, I. 440._
=18. Virginia:--Huie and crie after runaways.=
=1657-8, March.= "Act CXIII. Concerning Huie and cries. Whereas huy and cries after runnaway servants hath been much neglected to the greate damage and loss of the inhabitants of this colloney, _Bee it therefore enacted and confirmed by the anthorite of this present Grand Assembly_, that all such huy and cries shall be signed either by the Governor or some of the Councill, or under the hand of some com'r, nameing the county where the said com'r lives, and the same shall be conveyed from house to house with all convenient speed according as the direction thereof expresseth: And every com'r of each county unto whose house by this meanes the said huy and crie shall come shall then date and subscribe the same, And the master of every house that shall make default in the speedy conveyance of any such huies and cries shall for every such default forfeit and pay unto the owners of any such runnawaie as the said hues and cries shall mention, one hundred pounds of tobacco, and where the said runnawaie servant is found he shall be apprehended and sent from constable to constable untill such runnawaie or runnawayes shall be delivered to his or theire master or mistresse, and if any neglect can be proved against the constable hee to be fined three hundred and fiftie pounds of tobacco."--¤_Statutes at Large. Hening, Laws of Virginia, I. 483._
=19. New Netherlands:--Runaway servants.=
=1658, April 9.= Ordinance of the Director General and Council of New Netherland renewing sundery Ordinances therein mentioned. Passed 9 April, 1658.--"13thly, not to debauch or incite any person's servants, male or female, or to harbor them, or fugitives and strangers, longer than 24 hours without notifying the Fiscal, Magistrates, or Schouts, and all servant men and women remaine bound to fulfill and complete their contracts, on pain of arbitrary correction, according to the Ordinance of the 6 October, 1648."--¤_Laws of New Netherlands, 344._
=20. Virginia:--How to know a runnaway servant. [Sec. 3.]=
=1658-9, March.= Act III. "_It is enacted and ordained_ that the master of everie such runaway shall cutt, or cause to be cutt, the hair of all such runnawayes close above their ears, whereby they may be with more ease discovered and apprehended."--¤_Statutes at Large. Hening, Laws of Virginia, I. 517._
=21. Virginia:--Payment of Dutch shipmasters.=
=1659-60, March.= Act XV. An Act for the Pay of Dutch Masters bringing in Runnaway Servants. Whenever a master shall refuse to pay the cost of returning a runnaway from the Dutch, the payment shall be made by the secretary at his office.--_Statutes at Large. Hening, Laws of Virginia, I. 539._
=22. Virginia:--Apprehension of runaways.=
=1660-61, March.= Act X. Apprehending of Runnawayes.--"Whereas the pursuit and takeing of runnaways is hindered chiefly by the neglect of constables in making search according to their warrants, _Bee itt enacted_ that every constable shall make diligent search and inquiry through his precincts, and what constable soever shall upon search apprehend such runaways shall receive from the master of the servant for his encouragement two hundred pounds of tobaccoe, and if any constable shall neglect he shall be fined three hundred and fifty pounds of tobaccoe and caske according to former act."--¤_Statutes at Large. Hening, Laws of Virginia, II. 21._
=23. Virginia:--English runnaway with negroes. [Sec. 3.]=
=1660-1, March. Act XIII.= "_Bee itt enacted_ that in case any English servant shall runaway in company with any negroes who are incapable of making satisfaction by addition of time, Bee itt enacted that the English so running away in company with them shall serve for the time of the said negroes absence as they are to do for their owne by a former act"--¤_Hening, Laws of Virginia, II. 26._
=24. Virginia:--Glocester to have jurisdiction over runaways.=
=1660-1, March.= It was ordered that the county of Glocester have the power to make such laws for the recovering of runaways as shall be found necessary and convenient.--_Statutes at Large. Hening, Laws of Virginia, II. 35._
=25. Virginia:--Runaway servants.=
=1661-2, March.= Act CII. Runaways.--Penalties for running away are the same as in former acts. English servants if running away with negroes, and the negroes die or be lost, shall pay either four thousand five hundred pounds of tobacco and caske, or four years service for every negro so lost or dead.--_Hening, Laws of Virginia, II. 117._
=26. Maryland:--Against runaways.=
=1662.=_ Maryland Archives, Assembly Proceedings, 451._
=27. Virginia:--Pursuit of runaways to the Dutch.=
=1663, September.= Act VIII. "An Act concerning the pursuit of runawayes." It is enacted that runaways are to be pursued at the public expense, and, if they have escaped to the Dutch, letters are to be written to the Governors of those Plantations to return the runaways. Expenses are to be paid according to the provisions of a former act.--_Statutes at Large. Hening, Laws of Virginia, II. 187._
=28. Maryland:--Against English servants.=
=1663, October.= _Maryland Archives, Assembly Proceedings, 489._
=29. New Netherlands:--Quakers, etc. refused admission to colony.=
=1663, May 17.= Ordinance of the Director General and Council of New Netherland prohibiting the bringing of Quakers and other Strollers into New Netherland. Passed 17 May 1663.--"The Director General and Council, therefore, do hereby Order and command all Skippers, Sloop captains and others, whomsoever they may be, not to convey or bring, much less to land within this government, any such Vagabonds, Quakers and other Fugitives, whether Men or Women, until they have first addressed themselves to the government, etc.... on the pain of the Importers forfeiting a fine of Twenty pounds Flemish for every person," etc.--¤_Laws and Ordinances of New Netherlands, 439._
=30. Virginia:--Entertainment of runaways.=
=1666, October.= Act IX. "An act against entertayners of runaways." Penalty for entertaining runaways increased to sixty pounds of tobacco for every day and night he or they shall be harbored.--_Statutes at Large. Hening, Laws of Virginia, II. 239._
=31. Maryland:--Runaways and their entertainers.=
=1666, May.= "An Act providing against Runaways, and all such as shall Entertayn them. Whereas there was an act providing against Runnawaies made in the year 1650, and another act made in the year 1662, both which acts being adjudged insufficient Satisfaccion for the reparacion of their respective Masters, mrssrse, Dame, or overseers damages sustained by their servt running from them, Be it enacted by the right hon'ble, the Lord Proprietary, by and with the consent of the upper and Lower House of this present general assembly, that from and after the publicacion hereof any Servant or Servants whatsoever unlawfully absenting themselves from their said Master, Mistress, Dame, or overseer, shall serve for every day 10. And be it further enacted by the Authority aforesaid that any Master, Mistress, dame, or Overseer that shall entertain any servant unlawfully absenting himselve as aforesaid, having been forewarned by the Master, mistress, Dame, or Overseer of the said servant, shall be fined for the first night five hundred pounds of Casked tobacco, for the second one thousand pounds of casked tobacco, for every other night fifteen hundred pounds of casked tobacco, the one half to the Lord Proprietor, the other to the informer, or them that shall sue for the same within any Court of Record within this province, to be Recovered by action of debt, plaint or Informacion wherein no Essoyne, protection or wager of Lawe to be allowed, Provided that this Act nor anything therein conteynd shall not be adjudged to the predudice of any person or persons that shall apprehend any Runaway servants who are hereby required to use the best endeavors to Convey them to their owners or next justice of the peace to be conveyed from constable to constable until they be delivered to their said owners, if then living within this province. This act to continue for 3 years, or to the end of the next general assembly which shall first come."--¤_Maryland Archives, Assembly Proceedings, 147._
=32. New Jersey--Fugitive servants.=
=1668, May 30.= Acts passed and assented unto by the Governor, Council, and Burgess of the General Assembly of the Province of New-Caesarea, or New Jersey, the 30th Day of May, Anno Domini 1668.--"Concerning Fugitives, It is Enacted by the same Authority, that every Apprentice and Servant that shall depart and absent themselves from their Master and Dames, without leave first obtained, shall be judged by the Court to double the Time of such their Absence, by future Service over and above other Damages and costs which Master and Dame shall sustain by such unlawful Departure.
"And it is also enacted, that whosoever shall be proved to have transported, or to have contrived the Transportation of any such Apprentice or Servant shall be fined _Five Pounds_, and all such Damages as the Court shall Judge, and that the Master or Dame can make appear, and if not able, to be left to the Judgement of the Court."--¤_New Jersey Laws, 82._
=33. Virginia:--Runaways.=
=1668, September.= Act IV. About Runawayes. Moderate corporal punishment inflicted by the master or magistrate shall not deprive the master of the satisfaction allowed by the law.--_Statutes at Large, Hening, Laws of Virginia, II. 266._
=34. Virginia:--Runaways.=
=1669, October.= Act VIII. Against Runawayes. "_Be it therefore enacted_ that whosoever apprehends any runaways, whether servant by indenture, custome or covenant, not haveing a legall passe, by those in every county that shall be appointed to give passes, or a note from his master, shall have a thousand pounds of tobacco allowed him by the publique, which tobacco shall be repaid by the service of the servant to the country when free from his master, and by the hired ffreeman immediately after expiration of his covenant to the man that apprehends."
"_And be it further enacted_ that he that takes up such runaway is hereby enjoyned first to carry him before the next justice who is to take cognizance of his good service, and to certify it in the next assembly, and then to deliver him to the constable of the parish where that justice dwells, who is to convey him to the next constable, till he be retorned to his master, and that each constable upon receipt of such runaway give his receipt, and if escape be made from any constable, the delinquent constable to pay one thousand pounds of tobacco; and for the reimbursing the publique with the tobacco disbursed to the taker up."--¤_Statutes at Large. Hening, Laws of Virginia, II. 273._
=35. Virginia:--Apprehension of Runaways.=
=1670, October.= Act I. An Act concerning runaways. Reward for apprehending runaways is reduced to two hundred pounds of tobacco. Servants are to serve four months for every two hundred pounds of tobacco. Masters who fail to cut their servants' hair after twice running away shall be fined two hundred pounds of tobacco. Every constable through whose hands a runaway passes is to whip the servant severely. Constables allowing runaways to escape shall pay four hundred pounds of tobacco. Masters must not allow their servants to go free until the time of service has been worked out.--_Statutes at Large. Hening, Laws of Virginia, II. 277._
=36. Virginia:--Reward to the first taker up of runaways.=
=1670, October.= Act XIII. Runawayes. Only the first taker up of a runaway shall be rewarded.--_Statutes at Large. Hening, Laws of Virginia, II. 283._
=37. Virginia:--Apprehension of Runaways. [Sec. 8.]=
=1672, October.= Act VIII. An Act for the apprehension and suppression of runawayes, negroes and slaves. Runaways resisting may be killed or wounded, and if they die from the effects of a wound the public shall pay the owner, but the person inflicting the injury is not to be questioned. Indians shall be rewarded by twenty armes length of Roanoake or the value thereof in goods for the apprehension of a runaway. Act is to continue in force only until the next assembly.--_Statutes at Large. Hening, Laws of Virginia, II. 299._
=38. Maryland:--Apprehension of runaways.=
=1671, April.= The three acts of 1650, 1662, and 1666 have not proved sufficient encouragement to people to apprehend runaways, therefore a statute against runaways and such persons that shall give them entertainment and others that shall travel without passes is enacted.--_Maryland Archives, Assembly Proceedings, 298._
=39. New Jersey:--Fugitive servants and apprentices.=
=1675, November.= "XXXIII. Concerning Fugitives, It is enacted by the same Authority, that every Apprentice and Servant that shall depart and absent themselves from their Masters or Dames, without leave first obtaind, shall be judged by the court to double the Time of such their Absence, by future Service, over and above other Damages and Costs which the Master and Dame shall sustain by such unlawful Departure. XXXIV. _And it is further enacted_, that whosoever shall be proved to have transported or contrived the Transportation of any such Apprentice, Servant, or Slave, shall be fined _Five Pounds_, and all such Damages as the Court shall judge, and that the Master or Dame can make appear, and if not able to be left to the Judgement of the Court. _It is further enacted_, that every Inhabitant that shall harbour or entertain any such Apprentice, Servant, or Slave, and knowing that he hath absented himself from his Service upon Proof thereof, shall forfeit to their Master or Dame _Ten Shillings_ for every days Entertainment or Concealment, and if not able to satisfy, to be liable to the Judgement of the Court."--_New Jersey Laws, 109._
=40. Maryland:--Runaways.=
=1676, June.= An Act against runaways.--_Laws of Maryland, Bacon, Index._
=41. East New Jersey:--Fugitive servants.=
=1682, March.= Laws passed by General Assembly in East New Jersey. Chap. IX. A Bill against fugitive Servants, and entertainers of them. "Be it enacted by the Governor, Council, and Deputies in General Assembly met, and by the Authority of the same, that every Apprentice, or Servant, that shall depart or absent themselves from their Master or Mistress, without leave first obtained, shall be adjudged by the Court to double the Time of such their absence by future Service, besides all Costs and Damages, which the master or mistress shall have sustained by such unlawful Departure. _Be it further enacted_ by the Authority aforesaid, that whosoever shall knowingly transport or contrive the Transportation of any Apprentice, Servant, or Slave, or be any aiding or assisting thereto, and be thereof lawfully convicted, shall be fined _Five Pounds_, and make full Satisfaction to the master or mistress of such Apprentice, Servant, or Slave, for all Costs or Damages which the said master or mistress can make appear to have thereby sustained. _Be it further enacted_ By the Authority aforesaid, that every Inhabitant, who shall entertain, or afford any manner of Relief to such Apprentice, Servant, or Slave, knowing that he hath absented himself as aforesaid, except of real Charity, and thereof be lawfully convicted, shall pay to the master or mistress of such Servant _Ten Shillings_ for every Days Entertainment and concealment, and be fined according to the Discretion of the Court."--_Acts of the Proprietary Government of New Jersey, 238._
=42. New Jersey:--Prevention of runaways.=
=1683.= No title given. General Assembly. VI. "And for the preventing Servants running away from their Masters, and other Vagabonds, _Be it hereby enacted_ by the authority aforesaid, that all Magistrates, Officiers, Ordinary Keepers, and other Inhabitants within this Province, take special notice of all suspicious Travellers, and require their pass or certificates, under the Hand and Seal of the Magistrate or Magistrates, or Publick Notary of the Place of their last Abode, to satisfy the clearness of his, her, or their coming away, and for want of such Pass or Certificate, to secure such Person or Persons into the Custody of the next constable; which Person and Persons so to be secured, or their Masters, shall pay such Charge and Trouble as the Person or Persons shall be put to, in the securing them as aforesaid, before they shall be discharged, at the Discretion of two or more of the Magistrates of the said Province."--¤_Acts of the Proprietary Governments of New Jersey, 477._
=43. South Carolina.--Prevention of runaways.=
=1683, Nov. 7.= An Act to prevent Runaways. Title only preserved. Table of contents.--_Statutes at Large of South Carolina, II._
=44. Virginia:--Repeal of law of 1663, September.=
=1684, April.= Act III. An act repealing the act concerning the persuit of runawayes. The law of September, 1663, has been found inconvenient in practice, it is therefore repealed.--_Statutes at Large. Hening, Laws of Virginia, III. 12._
=45. East New Jersey:--Runaway servants. [Sec. 2.]=
=1686, April.= Chap. XI. An Act concerning Runaway Servants. "Whereas the securing of Servants that Runaway, or otherwise absent themselves from their Masters lawful Occasions, is found a material encouragement to such Persons as come into this country to settle Plantations and Populate the Province; for the better encouragement of such Persons, Be it therefore enacted by the Governor and Council and Deputies now met in General Assembly, and by the authority of the same, that if any Servant or Servants, Prentices or Covenant Servants, Run away or absent him or herself unlawfully from their Masters or Mistress' Service, being taken up or secured, so that the master or mistress hath him or her again, for the better Encouragement of such Person or Persons so securing him or them, they shall have _Twenty Shillings_ paid him or them," etc.--_New Jersey Laws, 292._
=46. Virginia: Law of 1670 amended.=
=1686, October.= Act I. Slight change in making out the certificate for apprehension of runaway.--_Statutes at Large. Hening, Laws of Virginia, III. 29._
=47. South Carolina:--Inhibition of trade with runaways.=
=1691.= An act inhibiting the tradeing with Servants and Slaves. "_And it is alsoe enacted_ by the authority aforesaid, that if any servant or servants shall at any tyme or tymes hereafter absent or withdraw him or themselves from his, her, or their master or mistresses service, such servant or servants soe offending shall for every naturall day they shall soe absent themselves serve one whole weeke, and for every weeke, if they shall att any one tyme soe long absent themselves, one whole yeare to theire master or mistresse, over and above their contracted tyme of servitude."--¤_Statutes at Large of South Carolina, II. 53._
=48. Pennsylvania:--Regulation of servants.=
=1700.= An Act for the better Regulation of Servants in this Province and Territories. "And for the Prevention of Servants quitting their masters Service, _Be it enacted_ by the Authority aforesaid, that if any Servant shall absent him or herself from the Service of their Master or Owner for the Space of one Day, or more, without Leave first obtained for the same, every such Servant shall, for every such Days absence, be obliged to serve Five Days after the Expiration of his or her Time, and shall further make such Satisfaction to his or her Master or Owner for the Damages and Charges sustained by such Absence as the respective County Courts shall see meet, who shall order as well the Time to be served, as other Recompence for Damages sustained. And whosoever shall apprehend or take up any Runaway Servant, and shall bring him or her to the Sheriff of the County, such Person shall for every such Servant, if taken up within Ten miles of the Servants abode, receive _Ten Shillings_; and if Ten miles or upwards, _Twenty Shillings_ Reward of the said Sheriff, who is hereby required to pay the same, and forthwith to send Notice to the master or Owner, of whom he shall receive _Five Shillings_ Prison Fees upon the Delivery of the said Servant, together with all other Disbursements and reasonable Charges for and upon the same."--¤_Province Laws of Pennsylvania, I. 5._
=49. New York:--Regulation of slaves.=
=1702.= An Act for regulating Slaves. "And be it further enacted, etc., That no Person or Persons whatsoever do hereafter Employ, Harbour, Conceal or Entertain other Men's Slaves at their House, Out-house, or Plantation, without the consent of their master or mistress, either signified to them verbally, or by Certificate in writing, under the said Master or Mistress' Hand upon Forfeiture of Five Pounds for every Night or Day, to the Master or Mistress of such Slave or Slaves, so that the Penalty of such Slave do not exceed the value of the said Slave. And if any Person or Persons whatsoever shall be found guilty of Harbouring, Entertaining, or Concealing of any Slave, or assisting to the Conveying them away, if such Slave shall happen to be lost, dead, or otherwise distroyed, such Person or Persons, so Harbouring, Entertaining, Concealing, Assisting or Conveying of them away, shall be also liable to pay the Value of such Slave to the master or mistress, to be recovered by Action of Debt, in manner aforesaid."--¤_Acts of Province of New York from 1691 to 1718, p. 58._
=50. New York:--Punishment of runaways to Canada. [Sec. 8.]=
=1705.= An act to prevent the Running away of Negro Slaves out of the City and County of _Albany_, to the French at Canada. "Whereas the City and County of Albany are the Frontiers of this Province toward the _French_ of Canada; and that it is of great concern to this Colony, during this time of War with the French, that no Intelligence be carried from the said City and County to the French at Canada: ... Be it enacted, and it is hereby enacted by his Excellency the Governor, Council and Assembly, etc., that all and every Negro Slave or Slaves, belonging to any of the Inhabitants of the city and county of _Albany_, who shall from and after the First Day of _August_ of this present year of our Lord, One thousand seven hundred and five, be found traveling Forty miles above the City of Albany, at or above a certain place called _Sarachtoge_ (unless in Company of his, her, or their Master, Mistress, or such employed by them, or either of them), and be thereof convicted by the Oaths of Two or more credible Witnesses, before the Court of Sessions of the Peace of the said City and County (which Court of Sessions are hereby Authorized and Impowered to hear and determine the same, in manner aforesaid, and thereupon to award execution), he, she, or they so Convicted, shall suffer the Pains of Death, as in cases of Felony."--_Acts of Province of New York, 77._
=51. New York:--Act of 1702 revived.=
=1705.= An act for Reviving and continuing an Act, Intituled, An Act for Regulating Slaves, 1702 (expired in 1712).--_Acts of the Province of New York, 79._
=52. Virginia:--Runaway servants and slaves.=
=1705, October.= Chap. XLIX. An Act concerning Servants and Slaves. XXI. Penalty for entertaining runaway servants without a certificate shall be for every day sixty pounds of tobacco. XXIII. Persons rewarded for taking up runaway according to the distance.--_Hening, Laws of Virginia, II. 447._
=53. Massachusetts Bay:--Regulation of free negroes. [Sec. 4.]=
=1707.= An Act for the regulating of free negroes. "Sec. 3. And be it further enacted, that every free negro or mulatto who shall harbour or entertain any negro or mulatto servant in his or her house, without the leave or consent of their respective masters or mistresses, shall forfeit and pay the sum of five shillings to the use of the poor of the town, for each offence."--_Charters and General Laws of the Colony and Province of Massachusetts Bay, 386._
=54. South Carolina:--For the better ordering of slaves.=
=1712.= _Statutes at Large of South Carolina, II. 381._
=55. New Jersey:--Regulation of slaves.=
=1713.= An Act for Regulating of Slaves. Sec. 2. "Negroes, etc., not having a pass may be taken up if 5 miles from Home whipped, and Persons so taking up have 5s." Sec. 3. "Negro belonging to another Province not having license, to be whipped, and the Taker of them to have 10s."--_Acts of the Assembly of New Jersey, 18._
=56. New Jersey:--Regulation of white servants.=
=1713.= An Act for regulating of White Servants, and taking up Soldiers and Seamen deserting Her Majestys Service, and coming into this Colony. Sec. 2. "Servants absenting without leave to be adjudged by any one Justice to serve double the time, and pay or serve for costs." Sec. 3. "Those who counsel, aid, etc. such Servants to runaway, to forfeit 10L" etc. Sec. 4. "Those who knowingly conceal them, to pay 10s. per Day." Sec. 5. "Those who take up Runaways and carry them back to have 15s. and 6d. per mile for so doing." Sec. 8. "Any Boatman, etc., who shall carry them into or out of this Province, etc., not having Passes, as aforesaid, and Publick-Housekeepers entertaining them to forfeit 40s.," etc.--_Acts of the Assembly of New Jersey, 24._
=57. Rhode Island:--Ferriage of runaways. [Sec. 4.]=
=1714, Oct. 27.= "Whereas, several negroes and mulatto slaves that have run away from their masters or mistresses, under pretence of being sent or employed by their masters or mistresses upon some service, and have been carried over the ferries, out and into the colony, and suffered to pass through the several towns under the aforesaid pretence, to the considerable damage and charge of their owners, and many times to the loss of their slaves;--Be it therefore enacted by this Assembly, and by the authority thereof it is enacted, that no ferryman or boatman whatsoever, within this colony, shall carry or bring any slave as aforesaid over their ferries, without a certificate under the hands of their masters or mistresses, or some person in authority, upon the penalty of paying all costs and damages their said masters or mistresses shall sustain thereby; and to pay a fine of twenty shillings for the use of the colony, for each offence, as aforesaid. The said fine to be recovered by any two justices of the peace, upon confession or conviction of the said fact; and all persons in authority, and other His Majesty's Subjects in this colony knowing of any such slaves traveling through their township, wherein they dwell, without a certificate, as aforesaid, they are hereby required to cause such slave to be examined and secured so as the owner may be notified thereof, and have his slave again, paying the costs and charges that shall accrue thereon."--_Proceedings of General Assembly, Colony of Rhode Island and Providence Plantations, Providence, 177; Records of Colony of Rhode Island, 177._
=58. South Carolina:--Additional Act to Act of 1712.=
=1714.= _Statutes at Large of South Carolina, II. 620._
=59. New York:--Act of 1705 revived. [Sec. 8.]=
=1715.= An Act for Reviving and Continuing an Act, Intituled an act to prevent the Running away of Negro Slaves out of the city and county of Albany to the French at Albany, 1705.--_Laws Province of New York, 218._
=60. North Carolina:--Servants and slaves.=
=1715.= An Act concerning servants and Slaves. Title only given.--_Laws of North Carolina, 21, 27._
=61. New Hampshire:--Runaway minors and servants.=
=1715.= An Act for preventing Men's Sons or Servants absenting themselves from their Parents or Masters Service without Leave.--"That no commander of any private man of war, or master of any merchant ship or vessel coming into, tarrying or abiding in, or going forth of any port, harbour, or place within this province, shall receive, harbour, entertain, conceal or secure on board such ship or other vessel, or suffer to be there harbour'd or detain'd any man's son, being under age or apprentice or covenant servant (knowing him to be such, or after notice thereof given) without license or consent of his parent or master in writing under his hand first had and obtain'd, on pain of forfeiting the sum of _five pounds per_ week, and so proportionably for a longer or shorter time, that any son, apprentice, or servant shall be held, harbour'd, conceal'd, or detain'd on board any such ship or other vessel, as aforesaid, without license and consent as aforesaid; the one moiety thereof to her Majesty, to be employed toward the support of the government of the province, and the other moiety unto the parent or master of such son, apprentice or servant that shall inform, or sue for the same, in any of her majesty's courts of record, within this province, by bill, plaint, or information, wherein no essoign, protection or wager of law shall be allowed. Sec. 2. _And be it further enacted by the authority aforesaid_, that every apprentice or covenant servant who shall unlawfully absent himself from his master, and enter himself on board any ship or vessel, as aforesaid, with intent to leave his master's service, or incline there more than the space of twenty-four hours, and be thereof convicted before any two of her majesty's justices of the peace, or in general sessions, within this province, shall forfeit unto his master such further service, from and after the expiration of the term which his said master had in him at the time of his departure as the said court shall order, not exceeding one year."--¤_Acts and Laws of His Majesty's Province of New Hampshire, 40._
=62. South Carolina:--Additional Act against runaways.=
=1717.= _Statutes at Large of South Carolina, III. 39._
=63. Massachusetts Bay:--Transportation of apprentices and servants.=
=1718, October.= An Act for the preventing of persons under age, apprentices or servants, being transported out of the province without the consent of their masters, parents, or guardians. "Every master of any outward bound ship or vessel that shall hereafter carry or transport out of this province any person under age, or bought or hired servant or apprentice, to any parts beyond the seas, without the consent of such master, parent or guardian, signified in writing, shall forfeit the sum of fifty pounds," etc.--_Charters and Laws of the Colony and Province of Massachusetts Bay, 750._
=64. South Carolina:--Regulation of Slaves.=
=1722.= An Act for the better ordering and governing of slaves.--_Statutes at Large of South Carolina, 193._
=65. Pennsylvania:--Regulation of negroes.=
=1725.= An Act for the better Regulating of negroes in this province. "And be it further enacted by the authority aforesaid, that no Person or Persons whatsoever shall imploy, or knowingly harbour, conceal, or entertain other Peoples slaves at their Houses, Out Houses, or Plantations, without the Masters or Owners consent, excepting in stress of weather or other Extraordinary Occasion, under the Penalty of _Thirty Shillings_ for every Twenty four Hours he or they shall entertain or harbour him or them as aforesaid."--_Province Laws of Pennsylvania, Philadelphia, 1725._
=66. Virginia:--Earlier act amended.=
=1726, May.= Chap. III. The clause in regard to imprisonment when slave would not give name of master has proved very inconvenient. Chap. IV. An Act for amending the Act concerning Servants and Slaves; and for the further preventing the clandestine transportation of Persons out of this colony. IV. The sheriff or under sheriff to whom the slave is committed shall cause a notice containing a full description of the runaway to be posted on the door of the court-house, and shall send a copy to each church or chapel within the county which shall be set up "in some open and convenient place" on every Lord's day for two months. Neglect on part of the sheriff shall be fined five hundred pounds of tobacco; on the part of the clerk, two hundred pounds. VI. Provisions in regard to transportation. VIII. Runaways may be let out to hire by the keeper of the gaol. IX. When demanded by the owner, the person hireing shall deliver up the servant. X. "Provided also, that where the keeper of the said public gaol shall, by the direction of such court or courts, as aforesaid, let out any such negro or runaway to hire to any person or persons whatsoever, the said keeper shall, at the time of his delivery, cause a strong iron collar to be put on the neck of such negro or runaway, with the letters (P. G.) stamped thereon; and that thereafter the said keeper shall not be answerable for any escape of the said negro or runaway." XII. Fees of the gaolers given. XIII. Runaways from Maryland or Carolina shall be committed to any public gaol, and the fees shall be according to the laws of the province wherein the master dwells. XIV. The keeper of the gaol shall send descriptions of the runaway to such places of this dominion bordering on Maryland or Carolina as shall be agreed upon. XV., XVI. Fees described. XVIII. Masters of vessels shall take the following oath: "I, A. B., master of the ship (or vessel), do swear that I will make diligent enquiry and search in my said ship (or vessel), and will not knowingly or willingly carry, or suffer to be carried, in my said ship, out of this dominion, without such pass as is directed by law, any person or persons whatsoever, that I shall know to be running hence in order to deceive their creditors; nor any servant or slave that is not attending his or her master or owner, or sent by such master or owner." XX. For forging a pass persons offending shall stand two hours in the pillory, and receive thirty lashes at the whipping-post. XXI. A white servant who shall run away, change his name, or disguise himself with intent to escape, shall serve six months longer than his term for running away.--_Statutes at Large. Hening, Laws of Virginia, IV. 168._
=67. Connecticut:--Runaway servants and slaves.=
=1730 (probably).= An Act concerning _Indian_, _Molatto_, and _Negro_ Servants and Slaves. "That whatsoever _Negro_, _Molatto_, or _Indian_ Servant, or Servants shall be found wandering out of the Bounds of the Town, or Place to which they belong, without a Ticket or Pass in writing, under the Hand of some Assistant or Justice of the Peace, or under the Hand of the Master, or Owner of such _negro_, _molatto_, or _Indian_ Servants shall be deemed and Accounted to be Run-aways, and may be Treated as such; and every Person Inhabiting this colony, Finding or Meeting with any such _Negro_, _molatto_, or _Indian_ Servant or Servants, not having a ticket as aforesaid, is hereby impowered to Seize and Secure him, or them, and Bring him or them before the next Authority to be Examined, and Returned to his, or their master or Owner, who shall satisfy the Charge Accruing thereby. And all Ferry-Men within this colony, are hereby Required not to suffer any _Indian_, _molatto_ or _negro_ servant without certificate, as aforesaid, to pass over their Respective Ferries, by Assisting them therein Directly or Indirectly, on Penalty of paying a Fine of Twenty Shillings for every such Offence."--¤_Acts and Laws of His Majestie's Colony of Connecticut, 229._
=68. New York:--Slave insurrections, etc.=
=1730.= An Act for the more effectual preventing and punishing the conspiracy and Insurrection of negroes and other Slaves; for the better regulating them, and for repealing the acts therein mentioned, relating thereto. Passed the 29th of October, 1730. No fugitive slave provision. Penalty for entertaining Slaves as in 1702. Also Persons who do not discover those that entertain slaves shall pay Forty Shillings.--_Acts of Province of New York, 193._
=69. South Carolina:--Regulation of slaves.=
=1735.= _Statutes at Large of South Carolina, III. 405._
=70. Delaware:--Regulation of servants and slaves.=
=1740.= An Act for the better regulation of Servants and Slaves within this government (a). Sec. 5. "Be it enacted by the authority aforesaid, that from such time as any servant shall absent him or herself from his or her masters or mistress' service, without leave first obtained for the same, every such servant, for such absence, and the expenses of taking up, shall at the expiration of the time of his or her servitude, make satisfaction by servitude, according to the judgement of any court of Quarter Sessions within this government." Sec. 6. "And be it further enacted by the authority aforesaid, that if any person shall apprehend or take up any runaway servant and carry him or her before the next Justice of the Peace of the county where such servant shall be so taken up, in order to be sent to and secured in the gaol of the said county, for his or her master's or mistress' service." The sheriff or gaoler shall then send notice to the servant's owner, if known; if not, the servant shall be advertised in some newspaper in the city of Philadelphia. The reward for taking up runaways shall be, "if ten miles distant from the place of the said servants last abode, or under, the sum of Ten Shillings, if upwards of ten miles, the sum of Twenty Shillings." "And if the master or owner of such servant so imprisoned shall, for the space of six weeks next after notice had of his or her servants imprisonment, neglect or refuse to release such servant, it shall and may be lawful for the said Sheriff, and he is hereby required and commanded, upon affidavit made of the due service of such notice, to expose every such servant to sale at public vendue, and him or her to sell to the highest bidder, for such term and sum as shall be sufficient for the defraying the costs and charges arising upon the apprehending and imprisoning the said servant." Sec. 7. "Suspicious persons travelling without a pass shall be deemed runaway servants and treated as such."--_Laws of Delaware, 211, 212._
=71. Delaware:--Regulation of servants and slaves.=
=1740.= An Act for the better regulation of Servants and Slaves within this Government. "Sec. 14. _And be it further enacted by the authority aforesaid_, that who so ever shall take up any negro or mulatto slave at above ten miles distance from his or her masters or mistress' dwelling or habitation, and not having leave in writing from his or her master or mistress, or not being known by the taker-up to be about his or her master's or mistress' business or service, and shall convey him or her to the habitation of his or her said master or mistress, if known, such taker-up shall receive of the said master or mistress, for his reward, the sum of Five Shillings, with reasonable charges. Sec. 15. _And be it further enacted by the authority aforesaid_, that no person shall employ or knowingly harbour, conceal or entertain another's servant or slave at his or her house or plantation without the master or owner's leave and consent, except in distress of weather or other extraordinary occasion or accident, under the penalty of Forty Shillings for every twenty four hours he or she shall entertain any such servant or slave, as afore said, and so in proportion for any lesser time."--¤_Laws of the State of Delaware, 215, 216._
=72. South Carolina:--Regulation of slaves.=
=1740.= _Statutes at Large, South Carolina, III. 568._
=73. North Carolina:--Entertainment of runaways, etc. [Sec. 3.]=
=1741.= XXVII. Any person harbouring a runaway shall be prosecuted and compelled to pay the sum of twenty-five pounds or serve the owner of the slave or his assigns five years. If he actually carry away the slave, he shall be convicted of felony and suffer accordingly. XXVIII. Seven shillings and sixpence, Proclamation money, reward for taking up runaways. For every mile over ten, threepence. XXXIV. Runaways when taken up shall be whipped. XXXV. Constables must give a receipt for runaway. Any failure shall be fined twenty shillings, Proclamation money, to be paid the church warden. XXXVI. Sheriff who shall hold a runaway longer than the act directs shall forfeit five pounds. Sheriff who allows a runaway to escape is liable to action from the party grieved. XXXVIII. This article takes up the fees of the jailor, etc.--_Laws of North Carolina, 89._
=74. Virginia:--Ferriage of runaways.=
=1748, Oct.= An Act for the Settlement and Regulation of Ferries, and for the Despatch of Public Expresses. VI. All constables and their assistants charged with conducting any runaway servant shall be passed ferry free. The ferriage shall then be paid by the owners of the runaways.--_Statutes at Large, Hening, VI. 22._
=75. South Carolina: Act additional to Act of 1740.=
=1751.= _Statutes at Large of South Carolina, III. 738._
=76. Rhode Island:--Assistance of runaways.=
=1766-1798.= An Act relative to Slaves, and to their Manumission and support.--Sec. 3. And be it further enacted, that if any person shall conceal any negro or mulatto slave, or shall in any manner assist such slave in escaping from the lawful authority of his or her master, the person so offending shall forfeit and pay the sum of three hundred dollars, to be recovered by action of debt, one moiety thereof to and for the use of the State, and the other moiety thereof to and for the use of the person who shall sue for the same.--_Laws of Rhode Island and Providence Plantations, 607._
=77. North Carolina:--Slave stealing.=
=1779.= An Act to prevent the stealing of Slaves, or by Violence, Seduction, or any other Means, taking or conveying away any Slave or Slaves the Property of another, and for other Purposes therein mentioned. IV. And whereas many evil disposed Persons frequently entice or persuade Slaves (without any Intention to steal them) and Servants, to absent themselves from their Master or Mistress, and often times harbour and maintain runaway Servants and Slaves; _Be it therefore further enacted_ by the authority aforesaid, that any Person or Persons who shall hereafter entice or persuade any Servant or Slave to absent him or herself from his or her Master or Mistress, or who shall harbour or maintain any runaway Servant or Slave, shall for every such Offence forfeit or pay to the Master or Mistress of such Servant or Slave, the sum of one hundred Pounds current money, to be recovered by Action of Debt, in any Jurisdiction having Cognizance thereof; and be further liable to the said master or mistress in an action for Damages, where in no Essoign, Injunction, Protection, or Wager of Law shall be allowed or admitted, notwithstanding any Law, Usage, or Custom to the contrary.--_Laws of North Carolina, 371._
=78. Connecticut:--Escape of negroes and servants.=
=No date given.= An Act to prevent the Running away of Indian and Negro Servants. "Be it enacted by the Governour, Council, and Representatives, in General Court assembled, and by the Authority of the same, that whatsoever Negro or Indian Servant or Servants shall at any time after the publication hereof be found wandering out of the Town Bounds, or Place to which they belong, without a Ticket or Pass in writing under the Hand of some Assistant or Justice of the Peace, or under the Hand of the Master or Owner of such Negro or Indian Servant or Servants, shall be deemed and accounted to be Run-aways; and every person Inhabiting in this Colony, finding or meeting with any such Negro or Indian Servant or Servants, not having a Ticket as aforesaid, is hereby impowered to seize and secure him or them, and bring him or them before the next authority, to be examined and returned to his or their Master or Owner, who shall satisfy the charge accruing thereby; and all Ferrymen within this Colony are hereby required not to suffer any Indian or Negro Servant, without Certificate as aforesaid, to pass over their respective Ferrys, by assisting of them therein directly or indirectly, on penalty of paying a fine of Twenty Shillings for every such Offence to the County Treasury, to be levied on their estates upon non-payment, by warrant from any one Assistant or Justice of the Peace: And the like methods shall or may be used and observed as to Vagrant or Suspected Persons, found wandring from Town to Town, having no Certificate as aforesaid, who shall be seized and conveyed before the next Authority to be Examined and Disposed of according to Law: And if any Free Negroes shall travel without such Certificate or Pass, and be stopped, seized, or taken up, they shall pay all Charges arising thereby."--¤_Acts and Laws of His Majesty's Province of Connecticut, 87._
=79. Connecticut:--Pursuit of runaways.=
=No date given.= "It is also ordered, that when any servants shall runn from theire Masters, or any other inhabitants shall privately goe away with supition of ill intentions, It shall bee lawfull for the next Magistrate, or the constable and two of the chiefest inhabitants where no magistrate is, to press men and boates or pinnaces, at the publique charge, to persue such persons by sea or land, and bring them back by force of armes."--¤_Colonial Records of Connecticut, I. 539._
=80. Pennsylvania:--Harboring fugitives.=
=Anno Regni Duodecimo Georgii Regis. [1726?]= An Act for the better regulating of Negroes in this Province. "And be it further enacted by the Authority aforesaid, that no Person or Persons whatsoever shall Employ, or knowingly harbour, conceal, or entertain other Peoples Slaves at their Houses, Out-houses, or Plantations, without the Master or Owner's consent; excepting in Distress of weather or other Extraordinary Occasion, under the Penalty of Thirty Shillings for every twenty-four Hours he or they shall entertain or harbour him or them as aforesaid."--¤_Province Laws of Pennsylvania, 325._
APPENDIX B.
_NATIONAL ACTS AND PROPOSITIONS RELATIVE TO FUGITIVE SLAVES. 1778-1854._
This Appendix contains all the important bills, acts, and treaties from the foundation of the Constitution to 1860. Many minor propositions may be found through the foot-notes to the text of Chapter II. The figures in brackets [] refer back to the text of the monograph.
[Sidenote: Treaties and First Act.]
=1. Fugitive clause in treaty with the Delawares.=
=1778, Aug. 7.= Art. IV. "And it is further agreed between the parties aforesaid, that neither shall entertain or give countenance to the enemies of the other, or protect in their respective States, criminal fugitives, servants, or slaves, but the same to apprehend, and secure and deliver to the State or States to which such enemies, criminals, servants, or slaves respectively belong."--_Statutes at Large, VII. 14._
=2. Fugitive clause in the treaty of peace. [Sec.Sec. 13, 22.]=
=1782-83. 1782, Nov. 13.= Provisional articles. =1783, Sept. 3.= Definitive treaty. "His Britannic Majesty shall, with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons, and fleets from the said United States."--_Treaties and Conventions, ed. of 1889, pp. 372, 378._
=3. Fugitive clauses in Indian treaties. [Sec. 13.]=
=1784-86. 1784, Oct. 22.= Treaty with the Six Nations, Art. I.
=1785, Jan. 21.= Treaty with the Wyandots, etc. Art. I. "All the prisoners white and black" taken by the Indians "shall be delivered up" or "restored."--_Statutes at Large, VII. 15, 16._
=4. Fugitive clause in King's ordinance. [Sec. 14.]=
=1785, April 6.= Report of the Committee on Government of the Western Territory. "Provided that always, upon the escape of any person into any of the States described in the resolve of Congress of the twenty-third day of April, 1784, from whom labor or service is lawfully claimed in any one of the thirteen original States, such fugitive might be lawfully reclaimed and carried back to the person claiming his labor or service, this resolve notwithstanding."--_Papers of Old Congress_, XXI. 331, cited in _Bancroft, History of the United States (last Revision), VI. 133._
=5. Fugitive clauses in Indian treaties. [Sec. 13.]=
=1785, Nov. 28.= Treaty with the Cherokees, Art. I.
=1786, Jan. 3.= Treaty with the Choctaws, Art. I.
=1786, Jan. 10.= Treaty with the Chickasaws, Art. I.
Identical clauses. The Indians "to restore all the Negroes and all other property taken during the late war."
=1786, June 31.= Treaty with the Shawanees. Art. I. "All prisoners white and black taken in the late war from among the citizens of the United States by the Shawanee nation shall be restored."--_Statutes at Large, VII. 18, 21, 25, 26._
=6. Fugitive clause in Northwest Ordinance of 1787. [Sec. 14]=
=1787, July 13.= Art. VI. "There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted; _provided_, always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service aforesaid." Read first time, July 11, 1787. Passed July 13, 1787.--¤ _Journals of Congress, XII. 84, 92._
=7. Fugitive clause in the Constitution. [Sec. 15.]=
=1787, Sept. 13.= Art. IV. Sec. 2. "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."--_Revised Statutes of the United States, I. 18._
=8. Clauses for returning fugitives in Indian treaties.=
=1789, Jan. 7.= Treaty with the Wiandots, etc. Art. I. "The said nations agree to deliver up all the prisoners now in their hands (by what means soever they may have come into their possession)."--_Statutes at Large, VII. 28._
=1790-91. 1790, Apr. 7.= Treaty with the Creeks. Art. III. "The Creek Nation shall deliver ... all citizens of the United States, white inhabitants or negroes, who are now prisoners in any part of the said nation. And if any such prisoners or negroes should not be delivered on or before the first day of June next ensuing, the governor of Georgia may empower three persons to repair to the said nation, in order to claim and receive such prisoners and negroes."--_Statutes at Large, VII. 35._
=1791, July 2.= Treaty with the Cherokees. Art. III. All prisoners to be yielded up on both sides.--_Statutes at Large, VII. 36._
=9. First Fugitive Slave Act.=
=1793, Feb. 12.=
_An Act respecting fugitives from justice and persons escaping from the service of their masters._
"SECTION 1._ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That whenever the executive authority of any state in the Union, or of either of the territories northwest or south of the river Ohio, shall demand any person as a fugitive from justice, of the executive authority of any such state or territory to which such person shall have fled, and shall moreover produce the copy of an indictment found, or an affidavit made before a magistrate of any state or territory as aforesaid, charging the person so demanded, with having committed treason, felony or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear: But if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs or expenses incurred in the apprehending, securing, and transmitting such fugitive to the state or territory making such demand, shall be paid by such state or territory.
"SEC. 2. _And be it further enacted_, That any agent, appointed as aforesaid, who shall receive the fugitive into his custody, shall be empowered to transport him or her to the state or territory from which he or she shall have fled. And if any person or persons shall by force set at liberty, or rescue the fugitive from such agent while transporting, as aforesaid, the person or persons so offending shall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year.
"SEC. 3. _And be it also enacted_, That when a person held to labour in any of the United States, or in either of the territories on the northwest or south of the river Ohio, under the laws thereof, shall escape into any other of the said states or territory, the person to whom such labour or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labour, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the state, or before any magistrate of a county, city or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such judge or magistrate, either by oral testimony or affidavit taken before and certified by a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labour to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labour, to the state or territory from which he or she fled.
"SEC. 4. _And be it further enacted_, That any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney, in so seizing or arresting such fugitive from labour, or shall rescue such fugitive from such claimant, his agent or attorney when so arrested pursuant to the authority herein given or declared; or shall harbor or conceal such person after notice that he or she was a fugitive from labour, as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving moreover to the person claiming such labour or service, his right of action for or on account of the said injuries or either of them."--¤_Statutes at Large, I. 302-305._
[Sidenote: Bills and Propositions.]
=10. Abstract of amendatory bill on fugitives. [Sec. 19.]=
=1801, Dec. 18.= "The bill contemplates inflicting a penalty of five hundred dollars on any person harboring, concealing, or employing runaway slaves. Every person employing a black person, unless he had a certificate with a county seal to it, or signed by a justice of the peace, would be liable to the penalty."
=1802, Jan. 15.= A motion was made to strike out the second section of the bill, which would create therein and inflict the penalty for employing a person of color who has not a certificate of his freedom. Motion not carried.--_7 Cong. 1 Sess., Annals of Congress, H. of R., 423._
=11. Restoration of slaves by Indian treaties. [Sec. 22.]=
=1814, Aug. 9.= Treaty with the Creeks. Art. III. "The United States demand that a surrender be immediately made of all the persons and property taken from the citizens of the United States ... to the respective owners."--_Treaties and Conventions._
=12. Fugitive slave clause in the Treaty of Ghent. [Sec. 22].=
=1814, Dec. 24.= Art. I. "All territory, etc. shall be restored without delay, and without causing any destruction or carrying away any artillery, ... or any slaves or other private property."--Treaties and Conventions.
=13. Amendments proposed to Pindall's bill. [Sec. 20]=
=1818, Jan. 29.= "Resolved, That the said bill be referred to the committee to whom was referred the memorial of the annual meeting of the Society of Friends, of Baltimore, with instructions to inquire into the expediency of so amending the said bill as to guard more effectually against infringement of the rights of free negroes and other persons of color." Introduced by Mr. Rich. Resolution not accepted.--_House Journal 15 Cong. 1 Sess., 193; Annals of Congress, 15 Cong. 1 Sess., 830._
To change the bill materially "by making judges of the State in which the apprentices, slaves, etc. are seized, the tribunal to decide the fact of slavery, instead of the judges of the States whence the fugitives have escaped." Introduced by Mr. Sergeant. Amendment not accepted.--_Annals of Congress, 15 Cong. 1 Sess., 830._
"Mr. Rich made several successive attempts to procure amendments to the bill, relaxing some of its provisions, which were successively negatived."--_Annals of Congress, 15 Cong. 1 Sess., 830._
=14. Provision for delivery on executive requisition. [Sec. 20.]=
=1818, March 11.= Mr. Daggett moved to strike out the following section of the bill: "Sec. 6. _And be it further enacted_, that whenever the Executive authority of any State in the Union, or of either of the Territories thereof, shall, for or in behalf of any citizen or inhabitant of such State or Territory, demand any fugitive slave of the Executive authority of any State or Territory, to which such slave shall have fled, and shall moreover produce a certificate, issued pursuant to the first section of this act, it shall be the duty of the Executive authority of the State or Territory to which such fugitive shall have fled to cause him or her to be arrested and secured, and notice of the arrest to be given to the Executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause such fugitive to be delivered to the said agent, on the confine or boundary of the State or Territory in which said arrest shall be, and in the most usual and direct route to the place from whence the said fugitive shall have escaped; and the reasonable expense of such arrest, detention, and delivery of such fugitive shall be paid by the said agent." Amendment determined in the negative.--_Senate Journal, 15 Cong. 1 Sess., 227, 228; Annals of Congress, 15 Cong. 1 Sess., 259._
=15. Proposed limitation to four years. [Sec. 20.]=
=1818, May 10.= Mr. Lacock moved to amend by adding the following: "Sec.--. _And be it further enacted_ that this law shall be and remain in force for the term of four years, and no longer." The Senate being equally divided, the President determined the question in the affirmative.--_Senate Journal, 15 Cong. 1 Sess., 228; Annals of Congress, 15 Cong. 1 Sess., 259._
=16. Fugitive Slave clause in the Missouri Compromise. [Sec. 21.]=
=1820, March 19.= The Missouri Compromise provided "that any persons escaping into the same, from whom labor or service is lawfully claimed in any State or Territory of the United States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor, or service, as aforesaid."--_Annals of Congress, 16 Cong. 1 Sess., 1469, 1587._
=17. Investigation into the Pennsylvania Act. [Sec. 21.]=
=1820, April 3.= Mr. Pindall introduced the following resolution: "_Resolved_, That the Secretary of State be instructed to procure and transmit to this House, as soon as practicable, a copy of such late act or acts of the Pennsylvania Legislature as prohibit or restrain the justices, aldermen, or other magistrates or officers of that State from interposing in the apprehension or surrender of fugitive slaves."--_House Journal, 16 Cong. 1 Sess., 371; Annals of Congress, 16 Cong. 1 Sess., 1717._
Mr. Tarr moved to amend as follows: "Provided, any such act or acts shall have been passed." Resolution and amendment agreed to.--_House Journal, 16 Cong. 1 Sess., 371; Annals of Congress, 16 Cong. 1 Sess., 1717._
=1820, April 18.= Ordered, That the letter from the Secretary of State with the Act of the Pennsylvania Legislature accompanying it, "be committed to the committee appointed 18th of March to inquire into the expediency of providing by law for reclaiming persons held to service or labor in one State, and escaping therefrom into another."--_House Journal, 16 Cong. 1 Sess., 427; Annals of Congress, 16 Cong. 1 Sess., 1863._
=18. Maryland resolutions protesting against Pennsylvanians. [Sec. 21.]=
=1821, Dec. 17.= "Mr. Wright laid before the House an attested copy of a resolution passed by the General Assembly of the State of Maryland, complaining of the protection offered by the citizens of Pennsylvania to the slaves of the citizens of Maryland, who abscond and go into that State, and declaring that it is the duty of Congress to enact such a law as will prevent a continuance of the evils complained of; which resolution was referred to the Committee on the Judiciary."--_House Journal, 17 Cong. 1 Sess., 62; Annals of Congress, 17 Cong. 1 Sess., 553._
=19. Assumption of claims on Indians for fugitives. [Sec. 22.]=
=1832, May 9.= Treaty with the Seminoles, Art. VI. "The Seminoles being anxious to be relieved from repeated vexatious demands for slaves and other property alleged to have been stolen and destroyed by them, so that they may remove unembarrassed to their new homes, the United States stipulate to have the same property investigated, and to liquidate such as may be satisfactorily established, provided the amount does not exceed seven thousand (7,000) dollars."--_Statutes at Large, VII. 369._
=20. Calhoun's resolution on the status of slaves on the high seas. [Sec. 24.]=
=1840, April 15.= "_Resolved_, That a ship or vessel on the high seas, in time of peace, engaged in a lawful voyage, is, according to the laws of nations, under the exclusive jurisdiction of the State to which her flag belongs; as much so as if constituting a part of its own domain.
"_Resolved_, That if such ship or vessel should be forced by stress of weather, or other unavoidable cause, into the port, and under the jurisdiction of a friendly power, she and her cargo, and persons on board, with their property, and all the rights belonging to their personal relations, as established by the laws of the State to which they belong, would be placed under the protection which the laws of nations extend to the unfortunate under such circumstances.
"_Resolved_, That the brig Enterprise, which was forced unavoidably by stress of weather into Port Hamilton, Bermuda Island, while on a lawful voyage on the high seas from one port of the Union to another, comes within the principles embraced in the foregoing resolutions; and that the seizure and detention of the negroes on board by the local authority of the island, was an act in violation of the laws of nations, and highly unjust to our own citizens, to whom they belong."--_Cong. Globe, 26 Cong. 1 Sess., 327._
=21. Woodbridge resolution on extradition of slaves. [Sec. 23.]=
=1841, Dec. 22.= Mr. Woodbridge submitted the following resolution, which was considered, and by unanimous consent agreed to.
"_Resolved_, That the Committee on Foreign Relations inquire into the expediency of entering into some arrangement with the Government of Great Britain, reciprocal in its provisions, for the arrest of fugitives escaping over the Northern or Western boundary of the United States, charged with the commission of any crime or crimes, and for the surrender of such fugitives upon reasonable requisition to the authorities of the State or province from which such fugitives may have fled: _Provided_, such arrangements do not comprehend cases of political offences merely, but be restricted to those which are in themselves criminal." No action taken.--_Senate Journal, 27 Cong. 2 Sess., 47; Cong. Globe, 27 Cong. 2 Sess., 48._
[Sidenote: Prigg Decision. Resolutions.]
=22. Significant extracts from the Prigg decision. [Sec. 25.]=
=1842.= "Upon this ground we have not the slightest hesitation in holding that, under and in virtue of the Constitution, the owner of a slave is clothed with entire authority, in every state in the Union, to seize and recapture his slave, whenever he can do it without any breach of the peace, or any illegal violence."
"The clause is found in the national Constitution, and not in that of any state. It does not point out any state functionaries, or any state actions to carry its provisions into effect. The states cannot, therefore, be compelled to enforce them; and it might well be deemed an unconstitutional exercise of the power of interpretation, to insist that the states are bound to provide means to carry into effect the duties of the national government nowhere delegated or intrusted to them by the Constitution."
"If this be so, then it would seem, upon just principles of construction, that the legislation of Congress, if constitutional, must supersede all state legislation upon the same subject; and by necessary implication prohibit it."
"As to the authority so conferred upon state magistrates, 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."--_16 Peters, Justice Story's Opinion, 608._
=23. Giddings's resolutions on the status of slaves on the high seas. [Sec. 24.]=
=1842, March 21.= "Resolved, That when a ship belonging to the citizens of any State of this Union leaves the waters and territory of such State, and enters upon the high seas, the persons on board cease to be subject to the slave laws of such State, and thenceforth are governed in their relations to each other by, and are amenable only to, the laws of the United States.
"Resolved, That when the brig Creole, on her late voyage for New Orleans, left the territorial jurisdiction of Virginia, the slave laws of that State ceased to have jurisdiction over the persons on board said brig, and such persons became amenable only to the law of the United States.
"Resolved, That the persons on board the said ship, in reserving their natural rights of personal liberty, violated no law of the United States, incurred no legal penalty, and are justly liable to no punishment."--_Cong. Globe, 27 Cong. 2 Sess., 324._
=24. Benton's resolution on slaves escaping to Canada. [Sec. 23.]=
=1844, Jan. 29.= Mr. Benton presented the following resolution:--
"_Resolved_, That the President be requested to communicate to the Senate the information, if any, which may be in the Department of State, in relation to slaves committing crimes and escaping from the United States to the British dominions since the ratification of the treaty of 1842, and the refusal of the British authorities to give them up. Also, that he communicate to the Senate the information, if any such is possessed by him, of the construction which the British government puts upon the said article in relation to slaves committing crimes in the United States and taking refuge in the British dominions."--_Congressional Record, 28 Cong. 1 Sess., 206._
=25. Giddings's resolution for the abolition of the slave trade in the District of Columbia. [Sec. 28.]=
=1848, Jan. 17.= Mr. Giddings described the seizure of a colored man employed as waiter in a colored boarding-house in Washington. He then offered the following resolution:--
"_Resolved_, That a select committee of five members be appointed to inquire into and report upon facts aforesaid; also as to the propriety of repealing such acts of Congress as sustain or authorize the slave trade in this District, or to remove the seat of the Government to some free State." Resolution laid on the table.--_House Journal, 30 Cong. 1 Sess., 250; Cong. Globe, 30 Cong. 1 Sess., 179._
=26. Hall's repeal resolution for the District of Columbia. [Sec. 28.]=
=1848, Feb. 28.= Mr. Nathan K. Hall offered the following preamble and resolutions, which were read, and, debate arising thereon, it was laid over under the rule, viz.:--
"Preamble.... _Resolved_, That the Committee on the Judiciary be, and they are hereby, directed to report to this House with all convenient speed a bill repealing all laws of Congress, and abrogating, so far as they are operative or in force in the District of Columbia all the laws in the State of Maryland which authorize or require the courts, officers, or magistrates of the United States, or of the said District, within the District of Columbia to issue process for arrest, or commit to the jail of the said District any runaway or other slave or fugitive from service," etc. Resolution laid over under the rule.--_House Journal, 30 Cong. 1 Sess., 450, 453; Cong. Globe, 30 Cong. 1 Sess., 390._
[Sidenote: Resolutions. Bill of 1850.]
=27. Giddings's resolution inquiring into the condition of the District of Columbia jail. [Sec. 28.]=
=1848, April 18.= Mr. Giddings introduced the following resolution:--
"Whereas, more than eighty men, women, and children, are said to be now confined in the prison of the District of Columbia without being charged with crime or any impropriety other than an attempt to enjoy that liberty for which our fathers encountered toil, suffering, and death itself, and for which the people of many European governments are now struggling; And whereas said prison was erected, and is now sustained, by funds contributed by the people of the free as well as of the slave States, and is under the control of the laws and officers of the United States:
"And whereas, such practice is derogatory to our national character, incompatible with the duty of a civilized and Christian people, and unworthy of being sustained by an American Congress: Therefore, _Be it resolved_, That a select committee of five members of this body be appointed to inquire into and report to this House by what authority said prison is used for the purpose of confining persons who have attempted to escape from slavery, with leave to report what legislation is proper in regard to said practice. _Resolved, further_, that said committee be authorized to send for persons and papers." Objections being made, the motion was not received.--_Cong. Globe, 30 Cong. 1 Sess., 641._
=28. Giddings's resolution on the jail in the District of Columbia. [Sec. 28.]=
=1848, April 21.= Mr. Giddings visited the jail in the District of Columbia for the purpose of interviewing the persons confined there on charge of carrying away slaves from this District. He was then mobbed and his life endangered.
"_Resolved_, That a committee of five members be appointed to investigate and report to this House respecting the points alluded to in the above statement, and that said committee be authorized to send for persons and papers, and to sit during the session of the House."--_Cong. Globe, 30th Cong. 1 Sess., 664._
=29. Meade's resolution on more effectual enforcement of the constitutional article on fugitive slaves. [Sec. 27.]=
=1849, Jan. 8.= Mr. Meade moved that the rules be suspended to enable him to offer the following resolution:--
"Preamble. Whereas it is the duty of the Congress of the United States to enact all laws necessary to enforce such provisions of the Constitution as were intended to protect the citizens of the several States in their rights of property, and past experience has proved that laws should be passed by Congress to enforce the second section of the fourth article of the Constitution, which requires that persons held to labor in one State, escaping into another, shall be delivered up on claim of the party to whom such labor may be due; therefore, Resolved, That the Committee on the Judiciary is hereby instructed to report a bill to this House, providing effectually for the apprehension and delivery of fugitives from labor who have escaped, or may hereafter escape, from one State into another." Rules not suspended.--_House Journal, 30 Cong. 3 Sess., 213; Cong. Globe, 30 Cong. 2 Sess., 188._
=30. Legislative history of the Fugitive Slave Act. [Jan. 3 to Sept. 18, Sec. 29.]=
=1850, Jan. 3.= Mr. Mason of Virginia gave notice of his intention to introduce a bill.--_Cong. Globe, 99._
=Jan. 4.= Senate bill No. 23 introduced by Mason, read twice, ordered printed, and referred to the Committee on the Judiciary.--_Senate Journal, 54; Globe, 103._
=Jan. 16.= Bill reported favorably by Butler from the committee, ordered printed, and made a special order for Jan. 23.--_Senate Journal, 88; Globe, 171; Senate Reports, I. No. 12._
=Jan. 22.= Debate begun. Mason offered an amendment which made the fine for any obstruction of the workings of the act one thousand dollars, and refused to allow the testimony of a fugitive.--_Globe_, 210.
=Jan. 23, 24.= Bill taken up and debated.--_Senate Journal_, 104, 110; _Globe_, 220, 228; _Globe App._ 79, 83.
=Jan 28.= Seward presented an amendment, which allowed the right of trial by jury, and punished judges who should disallow the writ of habeas corpus.--_Senate Journal_, 117; _Globe_, 233-237.
=Jan. 29.= Clay introduced, as a part of his compromise resolutions, a declaration that a more effective fugitive slave act should be passed.--_Senate Journal_, 118; _Globe_, 247.
=Jan. 31.= Mason offered a substitute for the bill already before the Senate. It was laid on the table, and ordered to be printed.--_Globe_, 270.
=June 3.= Webster brought in an amendatory bill.--_Senate Journal_, 370; _Globe_, 1111.
=Aug. 15.= The debate was again opened, and made the special order for Aug. 19.--_Senate Journal_, 560; _Globe_, 1588.
=Aug. 19.= Mason offered as an amendment a substitute for the bill already before the Senate.--_Senate Journal_, 564; _Globe_, 1605; _Globe App._, 1582.
Dayton brought in an amendment which gave trial by jury. This was rejected.--_Senate Journal_, 564; _Globe App._, 564.
Chase offered one of the same character, which was also rejected.--_Globe App._, 1589.
Winthrop brought in an amendment granting the protection of the habeas corpus. This was rejected.--_Senate Journal_, 565; _Globe App._, 1589.
=Aug. 20.= Mason's substitute was agreed to.--_Senate Journal_, 568; _Globe_, 1616; _Globe App._, 1591.
An amendment to Mason's substitute was offered by Mr. Pratt. This gave the owner the right of suit against the United States for the value of the slave if not delivered. This was afterward amended by Mason and Pratt, and rejected, August 23.--_Senate Journal_, 570-573; _Globe_, 1636; _Globe App._, 1609.
=Aug 22.= Underwood offered an amendment as a substitute, and Davis presented an amendment to Mason's bill striking out the clause providing compensation for escaped slaves. This was rejected.--_Senate Journal_, 573, 580; _Globe_, 1636; _Globe App._, 1609, 1619.
= Aug. 23.= Amendments were offered to Underwood's amendment by Chase and Badger. Both were rejected.--_Senate Journal_, 575-580; _Globe App._, 1619, 1623, 1625.
Another slight amendment by Chase was also rejected.--_Globe App._, 1624.
Mason amended his bill by making the Marshal liable for the value of a slave who has escaped from his custody.--_Senate Journal_, 576; _Globe App._, 1625.
An attempt to amend the bill by striking out the compensation for escaped slaves, and other slight changes, was made by Davis, and the amendment was accepted.--_Senate Journal_, 580; _Globe App._, 1630.
Bill as amended was then ordered to be engrossed for the third reading.--_Senate Journal_, 581; _Globe_, 1647; _Globe App._, 1630.
=Aug. 26.= After changing the title to make it an act supplementary to that of 1793, the bill was passed, and sent to the House.--_Senate Journal_, 583; _Globe_, 1660.
=Sept. 12.= In the House it was read a first and second time by title. Thompson of Pennsylvania moved to put it on its passage, and moved the previous question, which he refused to withdraw, and which was carried.--_House Journal_, 1289, 1448.
Stevens moved to lay it on the table, but the motion was lost, and the bill was ordered to a third reading.--_House Journal_, 1449.
The bill was passed, 109 to 75.--_House Journal_, 1451-1453; _Globe_, 1807.
It was returned to the Senate.--_Senate Journal_, 627; _Globe_, 1810.
=Sept 14.= The bill was signed by the presiding officer of the Senate.--_Senate Journal_, 629; _Globe_, 1815.
Bill signed by the Speaker of the House.--_House Journal, 1457; Globe, 1812._
=Sept. 16.= Bill sent to the President, and signed by him Sept. 18.--_House Journal, 1472, 1497; Senate Journal, 638, 648._
[Sidenote: Second Fugitive Slave Act.]
=31. Second Fugitive Slave Act. [Sec.Sec. 29, 30.]=
=1850, Sept. 18.= "_An Act to amend, and supplementary to, the Act entitled 'An Act respecting Fugitives from Justice, and Persons escaping from the Service of their Masters,' approved February twelfth, one thousand seven hundred and ninety-three._
"_Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled_, That the persons who have been, or may hereafter be, appointed commissioners, in virtue of any act of Congress, by the Circuit Courts of the United States, and who, in consequence of such appointment, are authorized to exercise the powers that any justice of the peace, or other magistrate of any of the United States, may exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same under and by virtue of the thirty-third section of the act of the twenty-fourth of September seventeen hundred and eighty-nine, entitled 'An Act to establish the judicial courts of the United States,' shall be, and are hereby, authorized and required to exercise and discharge all the powers and duties conferred by this act.
"SEC. 2. _And be it further enacted_, That the Superior Court of each organized Territory of the United States shall have the same power to appoint commissioners to take acknowledgments of bail and affidavits, and to take depositions of witnesses in civil causes, which is now possessed by the Circuit Court of the United States; and all commissioners who shall hereafter be appointed for such purposes by the Superior Court of any organized Territory of the United States, shall possess all the powers, and exercise all the duties, conferred by law upon the commissioners appointed by the Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act.
"SEC. 3. _And be it further enacted_, That the Circuit Courts of the United States, and the Superior Courts of each organized Territory of the United States, shall from time to time enlarge the number of commissioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act.
"SEC. 4. _And be it further enacted_, That the commissioners above named shall have concurrent jurisdiction with the judges of the Circuit and District Courts of the United States, in their respective circuits and districts within the several States, and the judges of the Superior Courts of the Territories, severally and collectively, in term-time and vacation; and shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the State or Territory from which such persons may have escaped or fled.
"SEC. 5. _And be it further enacted_, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant by the Circuit or District Court for the district of such marshal; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the provisions of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the service or labor of said fugitive in the State, Territory, or District whence he escaped: and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Constitution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, or _posse comitatus_ of the proper county, when necessary to insure a faithful observance of the clause of the Constitution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose; and said warrants shall run, and be executed by said officers, anywhere in the State within which they are issued.
"SEC. 6. _And be it further enacted_, That when a person held to service or labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due, or his, her, or their agent or attorney, duly authorized, by power of attorney, in writing, acknowledged and certified under the seal of some legal officer or court of the State or Territory in which the same may be executed, may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge, or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer authorized to administer an oath and take depositions under the laws of the State or Territory from which such person owing service or labor may have escaped, with a certificate of such magistracy or other authority, as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall be sufficient to establish the competency of the proof, and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the State or Territory from which such fugitive may have escaped as aforesaid, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which such service or labor was due, to the State or Territory in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever.
"SEC. 7. _And be it further enacted_, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid; or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States for the district in which such offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States; and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars, for each fugitive so lost as aforesaid, to be recovered by action of debt, in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed.
"SEC. 8. _And be it further enacted_, That the marshals, their deputies, and the clerks of the said District and Territorial Courts, shall be paid, for their services, the like fees as may be allowed to them for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in the whole by such claimant, his agent or attorney; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certificate to the claimant, his or her agent or attorney; or a fee of five dollars in cases where the proof shall not, in the opinion of such commissioner, warrant such certificate and delivery, inclusive of all services incident to such arrest and examination, to be paid, in either case, by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such commissioners for the arrest and detention of fugitives from service or labor as aforesaid, shall also be entitled to a fee of five dollars each for each person he or they may arrest and take before any such commissioner as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them; such as attending at the examination, keeping the fugitive in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner; and, in general, for performing such other duties as may be required by such claimant, his or her attorney or agent, or commissioner in the premises, such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimants by the final determination of such commissioners or not.
"SEC. 9. _And be it further enacted_, That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent, or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circumstances may require. The said officer and his assistants, while so employed, to receive the same compensation, and to be allowed the same expenses, as are now allowed by law for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States.
"SEC. 10. _And be it further enacted_, That when any person held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party to whom such service or labor shall be due, his, her, or their agent or attorney, may apply to any court of record therein, or judge thereof in vacation, and make satisfactory proof to such court, or judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party. Whereupon the court shall cause a record to be made of the matters so proved, and also a general description of the person so escaping, with such convenient certainty as may be; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other State, Territory, or district in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other officer authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production by the said party of other and further evidence if necessary, either oral or by affidavit, in addition to what is contained in the said record of the identity of the person escaping, he or she shall be delivered up to the claimant. And the said court, commissioner, judge, or other person authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the State or Territory from which he escaped: _Provided_, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid. But in its absence the claim shall be heard and determined upon other satisfactory proofs, competent in law.
"Approved, September 18, 1850."--_Statutes at Large, ix. 462-465._
[Sidenote: Act of 1850. Resolutions.]
=32. McLanahan's resolution against repeal of the law of 1850.=
=1851, Jan. 13.= Mr. McLanahan moved that the rules be suspended to enable him to introduce the following resolution, viz., "_Resolved_, That it would be inexpedient and improper to repeal the law passed at the last session of Congress, entitled 'An act to amend, and supplementary to, the act entitled An act respecting fugitives from justice and persons escaping from the service of their masters,' approved Feb. 12, 1793." House refused to suspend the rules.--_House Journal, 31 Cong. 2 Sess., 139; Cong. Globe, 31 Cong. 2 Sess., 226._
=33. Clay's resolution on the Shadrach case, Boston. [Sec. 51.]=
=1851, Feb. 17.= Mr. Clay submitted the following resolution, which lies over one day: "_Resolved_, That the President of the United States be requested to lay before the Senate, if not incompatible with the public interest, any information he may possess in regard to an alleged recent case of a forcible resistance to the execution of the laws of the United States in the city of Boston, and to communicate to the Senate under the above condition what means he has adopted to meet the occurrence, and whether, in his opinion, any additional legislation is necessary to meet the exigency of the case, and to more rigorously execute existing laws." Resolution adopted.--_Senate Journal, 31 Cong. 2 Sess., 187; Cong. Globe, 31 Cong. 2 Sess., 580._
=34. Bright's bill explanatory of law of 1850.=
=1851, Feb. 10.= Mr. Bright obtained leave to bring in a bill (458) explanatory of the act approved 18th September in the year 1850, entitled, "An Act to amend, and supplemental to, the act entitled, 'An Act respecting fugitives from justice and persons escaping from the service of their masters,'" approved Feb. 12, 1793, which was read twice, and referred to the Committee on the Judiciary.--_Senate Journal, 32 Cong. 1 Sess., 162._
The bill is in the following terms: "_Be it enacted, etc._, that all action and causes of action, and all proceedings instituted and to be instituted, for any violation of the provisions of said act respecting fugitives from justice and persons escaping from the service of their masters, approved the 12th February, 1793, may be instituted and prosecuted to final judgment and execution as if the said act of Sept. 18, 1850, had not been passed."--_Cong. Globe, 31 Cong. 2 Sess., 492._
=35. Fitch's resolution affirming the Compromise.=
=1852, March 1.= Mr. Fitch offered the following resolution: "_Resolved_, That we recognize the binding efficacy of the compromises of the Constitution, and believe it to be the intention of the people generally, as we hereby declare it to be ours individually, to abide such compromises, and to sustain the laws necessary to carry out the provisions for the delivery of fugitive slaves ordered, and that we deprecate all further agitation of questions growing out of that provision of the Constitution embraced in the acts of the last Congress known as the Compromise."--_House Journal, 32 Cong. 1 Sess., 408; Cong. Globe, 32 Cong. 1 Sess., 659._
=36. Jackson's resolution affirming the Compromise.=
=1852, March 22.= "_Resolved_, That we recognize the binding efficacy of the compromises of the Constitution, and believe it to be the intention of the people generally, as we hereby declare it to be ours individually, to abide such compromises, and to sustain the laws necessary to carry them out,--the provision for the delivery of fugitive slaves, and the act of the last Congress for that purpose included,--and that we deprecate all further agitation of questions growing out of that provision, of the questions embraced in the acts of the last Congress known as the Compromise, and of questions generally connected with the institution of slavery as unnecessary, useless, and dangerous." Resolution, as amended by Mr. Hillyer below, agreed to.--_House Journal, 32 Cong. 1 Sess., 550; Cong. Globe, 32 Cong. 1 Sess., 825._
=37. Hillyer's finality resolution.=
=1852, April 5.= Mr. Hillyer moved the following resolution:
"Resolved, That the series of acts passed during the first session of the Thirty-first Congress, known as the compromise, are recorded as a final adjustment, and a permanent settlement of the questions there embraced, and should be maintained and executed as such." Resolution agreed to, April 6, 1852.--_House Journal, 32 Cong. 1 Sess., 548; Cong. Globe, 32 Cong. 1 Sess., 979._
=38. Chase's resolution of inquiry into payments under act of 1850.=
=1852, June 3.= Mr. Chase submitted the following resolution: "Resolved, That the Secretary of the Interior be directed to communicate to the Senate statements, showing in detail the expenses incurred and claims made under the Act to amend and supplemental to the 'Act respecting fugitives from justice and persons escaping from the service of their masters,' distinguishing the expenses incurred and claimed by reason of prosecutions for treasons, alleged to have been committed in resistance of said act from expenses incurred and claimed by reason of other prosecutions for offending against said act, and for proceedings before and under orders made by committee." No action taken.--_Senate Journal, 32 Cong. 1 Sess., 450; Cong. Globe, 32 Cong. 1 Sess., 1519._
APPENDIX C.
_NATIONAL ACTS AND PROPOSITIONS RELATING TO FUGITIVE SLAVES._ (1860-1864.)
This Appendix is intended to contain references to all the resolutions, bills, and acts of Congress, relative to fugitives, from the beginning of the critical session of 1860-61 to the repeal of the acts in 1864. The resolutions for amendments to the Constitution have been collected by Mr. Herman V. Ames of the Harvard Graduate School, who has kindly selected out of the numerous amendments proposed in the last session of the Thirty-Sixth Congress those bearing upon this subject.
The single star (*) indicates a measure which passed one House: a double star (**) a measure which passed both Houses.
=1. President Buchanan's message. [Sec. 86.]=
=1860, Dec. 4.= Paragraph on the return of fugitive slaves: _Senate Journal, 36 Cong. 2 Sess., 18._
=2. Cochrane's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Constitution, for the return of fugitives: _House Journal, 36 Cong. 2 Sess., 61; Cong. Globe, 77._
=3. Morris's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36 Cong. 2 Sess. 63; Cong. Globe, 77._
=4. Leake's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution: _House Journal, 36 Cong. 2 Sess., 65; Cong. Globe, 77._
=5. Cox's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _Senate Journal, 36 Cong. 2 Sess., 66; Cong. Globe, 77._
=6. Stevenson's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36 Cong. 2 Sess., 67; Cong. Globe, 77._
=7. Niblack's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36 Cong. 2 Sess., 69; Cong. Globe, 77._
=8. English's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution on the return of fugitives: _House Journal, 36 Cong. 2 Sess., 68; Cong. Globe, 78._
=9. McClernand's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution, on fugitive slaves: _House Journal, 36 Cong. 2 Sess., 68; Cong. Globe, 78._
=10. Hindman's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution for the enforcement of the Fugitive Slave Law: _House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 79._
=11. Kilgore's Resolution. [Sec. 86]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36 Cong. 2 Sess., 70; Cong Globe, 78._
=12. Johnson's Joint Resolution. [Sec. 86.]=
=1860, Dec. 13.= Amendment to the Constitution for the return of fugitive slaves: _Senate Journal, 36 Cong. 2 Sess., 41; Cong. Globe, 83._
=13. Crittenden's Joint Resolution. [Sec. 86.]=
=1860, Dec. 18.= Amendment to the Constitution for payment for fugitive slaves: _Cong. Globe, 36 Cong. 2 Sess., 114._
=14. Douglas's Joint Resolution. [Sec. 86.]=
=1860, Dec. 24.= Amendment to the Constitution for payment for fugitive slaves: _Senate Journal, 36 Cong. 2 Sess., 61; Cong. Globe, 183._
=15. Florence's Joint Resolution.=
=1861, Jan. 15.= Amendment to the Constitution for payment for fugitive slaves: _Cong. Globe, 36 Cong 2 Sess., 378._
=16. Morris's Joint Resolution.=
=1861, Jan. 23.= Amendment to the Constitution on the return of fugitive slaves: _Cong. Globe, 36 Cong. 2 Sess., 527._
=17. Douglas's Bill to amend the Fugitive Slave Laws. [Sec. 101.]=
=1861, Jan. 28.= Introduced: _Cong. Globe, 36 Cong. 2 Sess., 586._
=18. Florence's Joint Resolution.=
=1861, Jan. 28.= Amendment to the Constitution against the obstruction of the Fugitive Slave Law by States: _Cong. Globe, 36 Cong. 2 Sess., 598._
=19. Kellogg's Joint Resolution.=
=1861, Feb. 1.= Amendment to the Constitution on the power of Congress over fugitive slaves: _Cong. Globe, 36 Cong. 2 Sess., 690._
=20. Kellogg's Joint Resolution.=
=1861, Feb. 26.= Same as above: _Cong. Globe, 36 Cong. 2 Sess, 1243._
=21. Kellogg's Joint Resolution.=
=1861, Feb. 27.= Similar to above: _House Journal, 36 Cong. 2 Sess., 410; Cong. Globe, 1259._
=22. Peace Convention Amendment to the Constitution. [Sec. 85.]=
=1861, Feb. 27.= Reported by select committee: _Senate Journal, 36 Cong. 2 Sess., 332, 637; Cong. Globe, 1254._
=23. Clarence's Joint Resolution.=
=1861, Feb. 27.= Amendment to the Constitution for payment for fugitive slaves: _Cong. Globe, 36 Cong 2 Sess., 1260._
=24. Crittenden's Joint Resolution.=
=1861, Feb. 28.= Amendment to the Constitution on the power of the States over fugitive slaves, etc.: _Cong. Globe, 36 Cong. 2 Sess., 1270._
=*25. Compromise Bill to amend the Fugitive Slave Act. [Sec. 87.]=
=1861, Mar. 1.= Bill reported by the select committee of thirty-three for the amendment of the act for the rendition of fugitives from labor: _Cong. Globe, 36 Cong. 2 Sess., 1327._----=Mar. 1.= Vallandigham's amendment to the above: _Cong. Globe, 36 Cong. 2 Sess., 1328._----=Mar. 1.= Bill passed the House: _Cong. Globe, 36 Cong. 2 Sess., 1327, 1328._----=Mar. 2.= Bill read in the Senate: _Cong. Globe, 36, Cong. 2 Sess., 1350._
=26. Pugh's Joint Resolution.=
=1861, Mar. 2.= Amendment to the Constitution on the return of fugitive slaves: _Senate Journal, 36 Cong. 2 Sess., 378; Cong. Globe, 1368._
=27. Johnson's Joint Resolution on the return of fugitives.=
=1861, Mar. 2.= Amendment to the Constitution: _Senate Journal, 36 Cong. 2 Sess., 382; Cong. Globe, 1401._
=28. Powell's Joint Resolution on the return of fugitive slaves.=
=1861, Mar. 2.= Amendment to the Constitution: _Senate Journal, 36 Cong. 2 Sess., 384; Cong. Globe, 1404._
=29. Lovejoy's Resolution against the return of fugitives by the Army. [Sec. 95.]=
=1861, July 9.= Introduced: _House Journal, 37 Cong. 1 Sess., 653; Cong. Globe, 32._
=30. Trumbull's confiscation Bill. [Sec. 90.]=
=1861, July 15.= Introduced: _Senate Journal, 37 Cong. 1 Sess., 42; Cong. Globe, 120._
=**31. Chandler's confiscation Act. [Sec. 90.]=
=1861, July 15.= Introduced: _Senate Journal, 37 Cong. 1 Sess., 44; Cong. Globe, 120._----=July 22.= Trumbull's amendment: _Senate Journal, 37 Cong. 1 Sess., 70; Cong. Globe, 218._----=July 22.= Passed the Senate (yeas and nays not given): _Senate Journal, 37 Cong. 1 Sess., 71; Cong. Globe, 219._----=July 23.= Senate bill introduced into the House and referred: _House Journal, 37 Cong. 1 Sess., 136; Cong. Globe, 231._----=Aug. 2.= Reported with amendment in the House: _House Journal, 37 Cong. 1 Sess., 197; Cong. Globe, 409._----=Aug. 3.= Committee amendments: _House Journal, 37 Cong. 1 Sess., 232; Cong. Globe, 431._----=Aug 3.= Passed the House (yeas 60, nays 48): _House Journal, 37 Cong 1 Sess., 235; Cong. Globe, 431._----=Aug 5.= Passed the Senate as amended in the House: _Senate Journal, 37 Cong. 1 Sess., 178; Cong. Globe, 434._----=Aug. 6.= Bill signed by the President: _Senate Journal, 37 Cong. 1 Sess., 195; Cong. Globe, 454._
=32. Wilson's Joint Resolution for discharge of fugitives from the Washington jail. [Sec. 97.]=
=1861, Dec. 4.= Introduced and referred: _Senate Journal, 37 Cong, 2 Sess., 24; Cong. Globe, 12._
=*33. Wilson's Resolution on repeal of the black code in the District of Columbia. [Sec. 97.]=
=1861, Dec. 4.= Introduced and agreed to: _Senate Journal, 37 Cong. 2 Sess., 22; Cong. Globe, 12._
=*34. Clark's Resolution on persons in Washington jail.=
=1861, Dec. 4.= Introduced and agreed to: _Senate Journal, 37 Cong 2 Sess., 22; Cong. Globe, 12._
=35. Lovejoy's Bill to prevent return by the Army. [Sec. 95.]=
=1861, Dec. 4.= Introduced: _House Journal, 37 Cong. 2 Sess., 16; Cong. Globe, 34._
=*36. Sumner's Resolution on Army orders relating to fugitive slaves.=
=1861, Dec. 4.= Introduced and agreed to: _Senate Journal, 37 Cong. 2 Sess., 19; Cong. Globe, 9._
=37. Trumbull's Confiscation Bill.=
=1861, Dec 5.= Introduced and read twice: _Senate Journal, 37 Cong. 2 Sess., 27; Cong. Globe, 10._
=*38. Fessenden's Resolution on the Washington jail. [Sec. 97.]=
=1861, Dec. 9.= Introduced: _House Journal, 37 Cong 2 Sess., 54; Cong. Globe, 36._----=Dec. 9.= Aldrich's amendment: _Cong. Globe, 37 Cong. 2 Sess., 36._----=Dec. 9.= Lovejoy's amendment: _Cong. Globe, 37 Cong. 2 Sess., 36._----=Dec. 9.= Passed as amended: _Cong. Globe, 37 Cong. 2 Sess., 36._
=39. Bingham's Resolution on the Washington jail. [Sec. 97.]=
=1861, Dec. 9.= Introduced and referred: _House Journal, 37 Cong. 2 Sess., 52; Cong. Globe, 35._
=40. Morrill's confiscation Joint Resolution. [Sec. 91.]=
=1861, Dec. 11.= Introduced and referred: _Senate Journal, 37 Cong. 2 Sess., 36; Cong. Globe, 49._
=*41. Hale's Resolution on the slaves of rebels. [Sec. 95.]=
=1861, Dec. 16.= Introduced and agreed to: _Senate Journal, 37 Cong. 2 Sess., 45; Cong. Globe, 88._
=42. Wilson's Bill for emancipation in the District of Columbia. [Sec. 98.]=
=1861, Dec. 16.= Introduced and read twice: _Senate Journal, 37 Cong. 2 Sess., 47; Cong. Globe, 89._----=Dec. 19.= Referred: _Cong. Globe, 37 Cong. 2 Sess., 153._ [See No. 54.].
=*43. Sumner's Resolution against the surrender of fugitives by the Army. [Sec. 95.]=
=1861, Dec. 18.= Introduced and agreed to: _Senate Journal, 37 Cong. 2 Sess., 130; Cong. Globe, 130._
=44. Lovejoy's confiscation and emancipation Resolution. [Sec.Sec. 91, 95.]=
=1861, Dec. 20.= Introduced and laid on the table: _Senate Journal, 37 Cong. 2 Sess., 106; Cong. Globe, 158._
=*45. Julian's Resolution to amend the Fugitive Slave Law. [Sec. 95.]=
=1861, Dec. 20.= Introduced and adopted: _House Journal, 37 Cong. 2 Sess., 103; Cong. Globe, 158._
=46. Shank's Resolution on the return of fugitives by the Army. [Sec. 95.]=
=1861, Dec. 20.= Introduced and referred: _House Journal, 37 Cong. 2 Sess., 102, 124; Cong Globe, 158, 172._
=*47. Wilson's Resolution for articles of war. [Sec. 95.]=
=1861, Dec. 20.= Introduced: _House Journal, 37 Cong. 2 Sess., 103; Cong. Globe, 158._----=Dec. 23.= Adopted: _Senate Journal, 37 Cong. 2 Sess., 109, 114; Cong. Globe, 159, 168._
=48. Wilson's Bill on the arrest of fugitives by the officers of the Army and Navy. [Sec. 95.]=
=1861, Dec. 23.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 167; Cong. Globe, 161, 209._----=1862, Jan. 7.= Committee Amendments: _Senate Journal, 37 Cong. 2 Sess., 88; Cong. Globe, 207._ [See No 53.]
=49. Howe's Bill for repeal of the Fugitive Slave Act of 1850. [Sec. 101.]=
=1861, Dec. 26.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 74; Cong. Globe, 177._
=50. Davis's confiscation Bill.=
=1861, Dec. 30.= Introduced and referred: _Senate Journal, 37 Cong. 2 Sess., 75; Cong. Globe, 178._
=**51. Grimes's Act on criminal justice in the District of Columbia [Sec. 97.]=
=1861, Dec. 30.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 75; Cong. Globe, 182._----=1862, Jan. 6.= Reported: _Cong. Globe, 37 Cong. 2 Sess., 199._----=Jan. 10.= Committee amendments: _Senate Journal, 37 Cong. 2 Sess., 98; Cong. Globe, 264._----=Jan. 10.= Powell's amendment: _Senate Journal, 37 Cong. 2 Sess., 98, 109; Cong. Globe, 264, 319._----=Jan. 14.= Pearce's two amendments: _Senate Journal. 37 Cong. 2 Sess., 109; Cong. Globe, 319._----=Jan. 14.= Ten Eyck's amendment: _Senate Journal, 37 Cong. 2 Sess., 109; Cong. Globe, 320._----=Jan. 14.= Harlan's amendment: _Cong. Globe, 37 Cong. 2 Sess., 320._----=Jan. 14.= Clark's amendment: _Cong. Globe, 37 Cong. 2 Sess., 320._----=Jan 14.= Saulsbury's amendment: _Senate Journal, 37 Cong. 2 Sess., 109; Cong. Globe, 320._----=Jan. 14.= Clark's amendment: _Cong. Globe, 37 Cong. 2 Sess., 321._----=Jan. 14.= Passed the Senate (yeas 31, nays 4): _Senate Journal, 37 Cong. 2 Sess., 109; Cong. Globe, 321._
=52. Trumbull's Bill for the confiscation of property of rebels and to free the slaves of rebels. [Sec. 91.]=
=1862, Jan. 15.= Reported from the Senate Committee on Judiciary: _Senate Journal, 37 Cong. 2 Sess., 113; Cong. Globe, 334._ [See No. 57.]
=53. Amendments to Wilson's Bill on Army and Navy officers. [Sec. 95.]=
=1862, Jan 16.= [See No. 48.] Collamer's amendment: _Senate Journal, 37 Cong. 2 Sess., 116; Cong. Globe, 358._----=Jan. 16.= Saulsbury's amendment: _Senate Journal, 37 Cong. 2 Sess., 116; Cong. Globe, 358._----=Jan. 16.= Rice's amendment to Saulsbury's amendment: _Cong. Globe, 37 Cong. 2 Sess., 359._
=54. Wilson's District of Columbia Bill. [Sec. 98.]=
=1862, Feb 12.= [See No. 41.] Reported: _Cong. Globe, 37 Cong. 2 Sess., 785._
=*55. Wilson's Resolution on the management of the Washington jail.=
=1862, Feb. 18.= Introduced and agreed to: _Senate Journal, 37 Cong. 2 Sess., 217; Cong. Globe, 861._
=56. Wilson's Bill to repeal the black code in the District of Columbia. [Sec. 98.]=
=1862, Feb. 24.= Introduced and referred: _Senate Journal, 37 Cong. 2 Sess., 263; Cong. Globe, 917._
=57. Amendments to the confiscation Bill. [Sec. 91.]=
=1862, Feb. 25.= [See No. 52.] Trumbull's amendment: _Senate Journal, 37 Cong. 2 Sess., 239; Cong. Globe, 942._----=Feb. 25.= Sumner's amendment: _Senate Journal, 37 Cong. 2 Sess., 239; Cong. Globe, 946._----=Feb. 27.= Davis's substitute: _Cong. Globe, 37 Cong. 2 Sess., 986._ [See No. 59.]
=**58. Blair's Act prohibiting return by the Army. [Sec. 95.]=
=1862, Feb. 25.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 358; Cong. Globe, 955._----=Feb. 25.= Bingham's amendment: _House Journal, 37 Cong. 2 Sess., 358; Cong. Globe, 955._----=Feb. 25.= Passed the House (yeas 95, nays 51): _House Journal, 37 Cong. 2 Sess., 265; Cong. Globe, 958._----=Mar. 10.= In the Senate; Davis's amendment: _Senate Journal, 37 Cong, 2 Sess., 285; Cong. Globe, 1142._----=Mar. 10.= Saulsbury's amendment: _Senate Journal, 37 Cong. 2 Sess., 284; Cong. Globe, 1142._----=Mar. 10.= MacDougall's amendment: _Senate Journal, 37 Cong. 2 Sess., 284; Cong. Globe, 1142._----=Mar. 10.= Saulsbury's amendment: _Senate Journal, 37 Cong. 2 Sess., 284; Cong. Globe 37 Cong. 2 Sess., 1142._----=Mar. 10.= Passed the Senate (yeas 29, nays 9): _Senate Journal, 37 Cong. 2 Sess., 285; Cong. Globe, 1142._----=Mar. 14.= Approved by the President: _Cong. Globe, 37 Cong. 2 Sess., 1243._
=59. Harris's confiscation Bill. [Sec. 91]=
=1862, Mar. 14.= Introduced and referred: _Senate Journal, 37 Cong. 2 Sess., 304; Cong. Globe, 1228._ [See No. 63.]
=60. Report of House Judiciary Committee on confiscation.=
=1862, Mar. 30= Adverse to all bills referred by the House: _Cong. Globe, 37 Cong. 2 Sess., 1303._ [See No. 64]
=61. Wilson's Resolution on the return of fugitives by the Army and Navy.=
=1862, Apr. 3.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 361; Cong. Globe, 1546._ [See No. 70.]
=*62. Bill for the abolition of slavery in the District of Columbia. [Sec. 98.]=
=1862, Apr. 3.= Passed the Senate: _Cong. Globe, 37 Cong. 2 Sess., 1648._ [See No. 65]
=63. Sherman's Amendment to Harris's confiscation Bill.=
=1862, Apr. 10.= [See No. 59.] Introduced: _Cong. Globe, 37 Cong. 2 Sess., 1652._ [See No. 67.]
=64. Wilson's Bill to amend the Fugitive Slave Act. [Sec. 101.]=
=1862, Apr. 11= Introduced: _Senate Journal, 37 Cong 2 Sess., 385, Cong. Globe, 1624._----=Apr. 14.= Harris's amendment: _Cong. Globe, 37 Cong. 2 Sess, 1652._----=Apr. 14.= Grimes's amendment: _Senate Journal, 37 Cong. 2 Sess, 393, 439; Cong. Globe, 1692._
=*65. Bill for the abolition of slavery in the District of Columbia. [Sec. 98.]=
=1862, Apr. 16.= [See No. 62.] Passed the House: _Cong. Globe, 37 Cong. 2 Sess., 1686._ Approved by the President.
=66. Lovejoy's Bill on return of fugitives by the Army. [Sec. 95.]=
=1862, Apr. 16.= Reported adversely from the Committee on Judiciary in the House: _Cong. Globe, 37 Cong. 2 Sess., 1682._
=67. Harris's confiscation Bill. [Sec. 91.]=
=1862, Apr. 16.= [See No. 63.] Reported from the Senate Committee on Judiciary: _Senate Journal, 37 Cong. 2 Sess., 400; Cong. Globe, 37 Cong. 2 Sess., 1678._----=Apr. 22.= Walton's amendment: _Cong. Globe, 37 Cong. 2 Sess., 1771._----=Apr. 22.= Porter's amendment: _Senate Journal, 37 Cong. 2 Sess., 703; Cong. Globe, 1767, 1772._----=Apr. 22.= Bingham's amendment: _Cong. Globe, 37 Cong. 2 Sess., 1767._----=Apr. 22.= Collamer's amendment: _Cong. Globe, 37 Cong. 2 Sess., 1782, 1895._----=Apr. 24.= Motion to recommit: _Senate Journal, 37 Cong. 2 Sess., 434; Cong. Globe, 1856, 1886._ [See No. 71.]
=68. House confiscation Bill. [Sec. 91.]=
=1862, Apr. 23.= A Select Committee raised in the House: _House Journal, 37 Cong. 2 Sess., 602; Cong. Globe, 1788, 1820._
=69. Eliot's confiscation and emancipation Bill. [Sec. 91.]=
=1862, Apr. 30.= Introduced: _House Journal, 37 Cong. 2 Sess., 625; Cong. Globe, 1886._ [See No. 73.]
=70. Saulsbury's amendment of Wilson's Resolution.=
=1862, May 1.= [See No. 61.] Introduced: _Senate Journal, 37 Cong. 2 Sess., 439; Cong. Globe, 1894._
=71. Harris's confiscation Bill recommitted. [Sec. 91.]=
=1862, May 6.= [See No. 67.] Wilson's amendment of Collamer's amendment: _Senate Journal, 37 Cong. 2 Sess., 450; Cong. Globe, 1954._----=May 6.= Final vote: _Senate Journal, 37 Cong. 2 Sess., 450; Cong Globe, 1954, 1965._
=72. Clark's confiscation Bill. [Sec. 91.]=
=1862, May 14.= Reported: _Senate Journal, 37 Cong. 2 Sess., 476; Cong. Globe, 2112._----=May 14.= Discussed but not acted upon: _Cong. Globe, 37 Cong. 2 Sess., 2163, 2188, 2219, 2842._
=73. Confiscation and emancipation Bill. [Sec. 91.]=
=1862, May 14.= [See No. 69.] Reported in the House: _House Journal, 37 Cong. 2 Sess., 683; Cong. Globe, 2128._ [See No. 75.]
=74. Sumner's Resolution on fugitive slaves.=
=1862, May 22.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 520; Cong. Globe, 2275._----=May 23.= Grimes's amendment: _Senate Journal, 37 Cong. 2 Sess., 523; Cong. Globe, 2306._----=May 26.= Walton's emancipation bill amendment: _Cong. Globe, 37 Cong. 2 Sess., 2362, 2363._
=75. Emancipation Bill.=
=1862, June 4.= [See No. 73.] Recommitted: _House Journal, 37 Cong. 2 Sess., 799; Cong. Globe, 2561._ [See No. 76.]
=76. Julian's Bill to repeal the Fugitive Slave Act. [Sec. 101.]=
=1862, June 9.= Introduced with a resolution: _House Journal, 37 Cong. 2 Sess., 826; Cong. Globe, 2623._
=77. Colfax's Resolution demanding trial by jury for fugitives.=
=1862, June 9.= Introduced: _House Journal, 37 Cong. 2 Sess., 828; Cong. Globe, 2624._
=*78. Bill for emancipation of fugitives from disloyal masters. [Sec. 91.]=
=1862, June 17.= [See No. 75.] Reported in the House: _House Journal, 37 Cong. 2 Sess., 874; Cong. Globe, 2764._----=June 18.= Eliot's substitute: _House Journal, 37 Cong. 2 Sess., 282; Cong. Globe, 2793._----=June 18.= Emancipation bill passed the House (yeas 82, nays 54): _Cong. Globe, 37 Cong. 2 Sess., 2793._----=June 23.= Clark's Senate amendment to Eliot's substitute: _Cong. Globe, 37 Cong. 2 Sess., 2879, 2996._----=June 28.= Trumbull's Amendment: _Cong. Globe, 37 Cong. 2 Sess., 2999, 3006._
=**79. Progress of the confiscation Bill. [Sec. 91.]=
=1862, June 28.= Passed the Senate (yeas 28, nays 13): _Senate Journal, 37 Cong. 2 Sess., 726._----=July 11.= Report of Conference Committee adopted by the House: _House Journal, 37 Cong. 2 Sess., 1045; Cong. Globe, 3267._----=July 12.= Report of Conference Committee adopted by the Senate: _Senate Journal, 37 Cong. 2 Sess., 814; Cong. Globe, 3275._----=July 17.= Approved by the President: _Cong. Globe, 37 Cong. 2 Sess., 3403._
=80. Bills for the repeal of the Fugitive Slave Act. [Sec.Sec. 101-103.]=
=1863, Feb. 8.= Ten Eyck's report on Wilson's repeal bill: _Cong. Globe, 37 Cong. 3 Sess._----=Dec. 14.= Stevens's repeal bill: _House Journal, 38 Cong. 1 Sess., 43; Cong. Globe, 19._----=Dec. 14.= Julian's repeal bill: _House Journal, 38 Cong. 1 Sess., 43; Cong. Globe, 20._----=Dec. 14.= Ashley's repeal bill: _House Journal, 38 Cong 1 Sess., 43; Cong. Globe, 29._----=1864, Feb 8.= Sumner's repeal bill: _Senate Journal, 38 Cong. 1 Sess., 133; Cong. Globe, 521._----=Feb. 8.= Spalding's repeal bill: _House Journal, 38 Cong. 1 Sess., 235; Cong. Globe, 526._----=Feb. 29.= Sumner's bill reported: _Senate Journal, 38 Cong. 1 Sess., 196; Cong. Globe, 864._ [See No. 84]
=81. Saulsbury's substitute on the validity of personal liberty laws in the States, etc.=
=1864, Apr. 8.= Joint resolution for an amendment to the Constitution: _Senate Journal, 38 Cong. 1 Sess., 311; Cong. Globe, 1489._
=82. Discussion of the repeal of the Fugitive Slave Law. [Sec. 101.]=
=1864, Apr. 19.= [See No. 80.] Sherman's amendment: _Senate Journal, 38 Cong 1 Sess., 348; Cong. Globe, 1710, 1714._----=Apr. 19.= Henderson's amendment to Sherman's amendment: _Cong. Globe, 38 Cong. 1 Sess., 1710._----=Apr. 19.= Saulsbury's amendment: _Senate Journal, 38 Cong. 1 Sess., 348, 621; Cong. Globe, 1715, 3191._----=Apr. 19.= Hale's amendment to Saulsbury's amendment: _Senate Journal, 38 Cong 1 Sess., 358; Cong. Globe, 1782._----=Apr. 21.= Howard's amendment: _Senate Journal, 38 Cong. 1 Sess., 358; Cong. Globe, 1782._ [See No. 81.]
=**83. Act repealing the Fugitive Slave Acts. [Sec.Sec. 101-104.]=
=1864, June 6.= [See No. 82.] Hubbard's repeal resolution: _House Journal, 38 Cong. 1 Sess., 749._----=June 6.= House substitute for repeal bill, reported by the Committee on Judiciary: _House Journal, 38 Cong. 1 Sess., 755; Cong. Globe, 2774._----=June 13.= Passed House (yeas 82, nays 57): _House Journal, 38 Cong. 1 Sess., 503; Cong. Globe, 2920._----=June 15.= Referred in the Senate: _Senate Journal, 38 Cong. 1 Sess., 561; Cong. Globe, 2963._----=June 23.= Saulsbury's amendment: _Senate Journal, 38 Cong. 1 Sess., 621; Cong. Globe, 1864._----=June 23.= Johnson's amendment: _Senate Journal, 38 Cong. 1 Sess., 621; Cong. Globe, 3191._----=June 23.= Passed the Senate: _Senate Journal, 38 Cong. 1 Sess., 621; Cong Globe, 3191._----=June 28.= Signed by the President: _House Journal, 38 Cong. 1 Sess., 931; Cong Globe, 3360._
APPENDIX D.
_LIST OF IMPORTANT FUGITIVE SLAVE CASES._
No attempt has been made to present a full list of cases, but only such as had especial influence on the public mind, or such as illustrate some special phase of the question.
=1. New Netherlands and Hartford controversy. [Sec. 11.]=
=1646.= Escapes from both colonies: _Winthrop, History of New England, 383; Moore, Notes on History of Slavery in Massachusetts, 28; Doyle, English in America, I. 391._
=2. Escape to Manhattan. [Sec. 7.]=
=1659.= Four men escaped from New Amsterdam: _New York Colonial Manuscripts, XIII. 238; Documentary History of N. Y. Colony, II. 556 (Ch. I. p. 4)._
=3. Escape of white servants to Cape May. [Sec. 9.]=
=1661.= Virginian white colonists escape: _New York Colonial Manuscripts, XIII. 346._
=4. Escape to the Indians. [Sec. 8.]=
The negro servants of the Governor of Virginia: _New York Colonial Manuscripts, II. 637._
=5. Escape from English to French. [Sec. 11.]=
=1748.= Negro servant escapes from English to Canada: _New York Colonial Manuscripts, X. 209._
=6. Crispus Attucks. [Sec. 5.]=
=1750, Oct.= Escaped from Framingham, Mass.: _Boston Gazette, Oct. 2, 1750; Liberator, Mar. 16, 1860; Nineteenth Anniversary of Boston Massacre, W. C. Neil, Address; Williams, History of the Negro Race in America, I. 330._
=7. Glasgow. [Sec. 12.]=
Slave freed in Glasgow: _Mass. Historical Society Collections, Third Series, IX. 2._
=8. Shanley v. Haney. [Sec. 12.]=
=1762.= Slave freed in England: _Quincy, Reports of Cases, 96._
=9. Somersett case. [Sec. 12.]=
=1772.= England will not return a fugitive slave: _Moore, Slavery in Mass., 117; Cobb, Historical Sketch of Slavery, 163; Goodell, Slavery and Antislavery, 44-52; Hurd, Law of Freedom and Bondage, I. 189-193; Broom, Constitutional Law, 6-119; Howells, State Trials, XX. 1; Tasswell-Langmead, English Constitutional History, 300, n._
=10. Ship Friendship, case of. [Sec. 5.]=
=1770.= Harbored a slave: _Moore, Slavery in Mass., 117._
=11. John. [Sec. 17.]=
=1778.= Free negro kidnapped in Pennsylvania: _Am. State Papers, I. 39; Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585._
=12. Quincy's case. [Sec. 34.]=
=1793.= First case in Boston after 1793: _Edw. C. Learned, Speech on The New Fugitive Slave Law, Chicago, Oct. 25, 1850; Whittier, Prose Works, 11, 129, A Chapter of History; Goodell, Slavery and Antislavery, 232; Boston Atlas, Oct. 15, 1850._
=13. Washington's slave. [Sec. 35.]=
=1796, Oct.= President Washington demanded a slave from Portsmouth, N. H.: _Magazine of American History, Dec., 1877, p. 759; Charles Sumner, Works, III. 177._
=14. North Carolina fugitives. [Sec. 19.]=
=1796.= _Annals of Congress, 1796-7, p. 2015, 1801-2, p. 343._
=15. Columbia case.=
=1804.= General Boude defends a runaway: _Smedley, Underground Railroad, 26._
=16. Solomon Northup. [Sec. 38.]=
=1808.= Kidnapping at Saratoga, N. Y.: _Solomon Northrup, Autobiography._
=17. Williams case.=
=1815.= Claimed as a fugitive in Philadelphia: _Greeley, American Conflict, I. 216._
=18. Prigg case. [Sec. 27.]=
=1832.= _16 Peters, 539; Report of Case of Edward Prigg, Supreme Court, Pennsylvania; Cobb, Historical Sketch of Slavery; Bledsoe, Liberty and Slavery, 355; Clarke, Antislavery Days, 69; Hurd, Law of Freedom and Bondage, II. 456-492; Wilson, Rise and Fall of the Slave Power, I. 472-473; Von Holst, Constitutional History, III. 310-312._
=19. Kidnapping of Jones. [Sec. 37.]=
=1836.= Kidnapping in New Jersey: _Liberator, Aug. 6, 1836._
=20. Chickasaw rescue. [Sec. 42.]=
=1836.= Rescue of two colored women on brig Chickasaw: _Liberator, Aug. 6, 1836._
=21. Schooner Boston case. [Sec. 47.]=
=1837.= Georgia and Maine controversy: _Wilson, Rise and Fall of the Slave Power, I. 473; Niles's Register, LIII. 71, 72, LV. 356; Senate Journal, 1839-40, pp. 235-237; Senate Doc., 26 Cong. 1 Sess., Vol. V. Doc. 273._
=22. Philadelphia. [Sec. 43.]=
=1838.= Attempted rescue: _Liberator, March 16, 1838._
=23. Escape of Douglass. [Sec.Sec. 68, 75.]=
=1838.= Escape of Frederick Douglass: _Life and Times of Douglass; Williams, Negro Race in America, II. 59, 422; Wilson, Rise and Fall of the Slave Power, I. 501, 502._
=24. Isaac Gansey case. [Sec. 47.]=
=1839.= Virginia and New York controversy: _U. S. Gazette, Case of Isaac, Judge Hopkinson's speech; Wilson, Rise and Fall of the Slave Power, I. 474; Seward, Works, II. 449-518; Von Holst, Constitutional History, II. 538-540; Senate Documents, 27 Cong. 2 Sess., Vol. II. Doc. 96._
=25. Van Zandt case. [Sec. 50.]=
=1840.= Prosecution for aiding escape: _Wilson, Rise and Fall of the Slave Power, I. 475; T. R. Cobb, Historical Sketch of Slavery, 207._
=26. Oberlin case. [Sec. 50.]=
=1841 (about).= _Liberator, May 21, 1841._
=27. Thompson case.=
=1841, July.= Prosecution for aiding escapes: _Thompson, Prison Life and Reflections; Wilson, Rise and Fall of the Slave Power, II. 69; Goodell, Slavery and Antislavery, 440._
=28. Latimer case. [Sec. 44.]=
=1842.= Famous fugitive slave case, Boston: _Liberator, Oct. 25, Nov. 11, Nov. 25, 1842, Feb. 3, 7, 17, 1843, and Aug. 16, 1844; Law Reporter, Latimer case; Eleventh Annual Report of Mass. Antislavery Society; Mass. House Journal, 1843, pp. 72, 158; Mass. Senate Journal, 1843, p. 232; Wilson, Rise and Fall of the Slave Power, I. 477._
=29. Goin case.=
=1844.= Attempted seizure of fugitive: _Liberator, April 19, 1844._
=30. Thomas case.=
=1844.= Seizure in Marietta, Penn.: _Liberator, June 14, 1844._
=31. Walker case. [Sec. 50.]=
=1844.= Prosecution for aiding escapes: _Trial and Imprisonment of Jonathan Walker, Liberator, Aug. 16, 31, Sept. 6, 13, Oct. 18, 25, and Dec. 27, 1844, Aug. 8, 15, and July 18, 1845._
=32. Smithburg.=
=1845.= Battle between whites and ten runaways: _Liberator, June 27, 1845._
=33. Kirk case.=
=Between 1845 and 1849.= Unsuccessful attempt to capture George Kirk in New York: _Wilson, Rise and Fall of the Slave Power, II. 52; Supplement to New York Legal Observer, containing report of case, Boston Public Library._
=34. Brig Ottoman. [Sec. 45.]=
=1846.= Unsuccessful attempt to rescue slave on brig: _Wilson, Rise and Fall of the Slave Power, II. 54._
=35. Kennedy case. [Sec. 43.]=
=1847.= Riot in Carlisle, Penn.: _Liberator, Sept. 10, 27, 1847; Congressional Globe, 1860-61, pp. 801, 802, 908._
=36. Slaves on board Brazilian ship.=
=1847.= Attempt to rescue: _Wilson, Rise and Fall of the Slave Power, II. 53; Liberator, Aug. 20, 1847._
=37. Ohio and Kentucky controversy. [Sec. 48]=
=1848.= Controversy on account of extradition demanded: _Liberator, July 14, 1848._
=38. South Bend case.=
=1847, Oct. 9.= Fugitives discharged on trial in Michigan: _South Bend Fugitive Slave case._
=39. Brig Wm. Purrington.=
=1848.= Escape from: _Liberator, Dec. 31, 1848._
=40. Drayton and Sayres. [Sec. 50.]=
=1848.= Prosecution for aiding escapes: _Wilson, Rise and Fall of the Slave Power, II. 104._
=41. Crafts escape. [Sec. 69.]=
=1848.= Escape of William and Ellen Crafts: _Liberator, Nov. 1, 1850; Still, Underground Railroad, 368; Wilson, Rise and Fall of the Slave Power, II. 325._
=42. Washington case. [Sec. 39.]=
Between =1840-1850:= _Liberator, May 26, 1848._
=43. Hamlet case. [Sec. 53.]=
=1850.= Rendition in N. Y.: _Fugitive Slave Bill, its History and Unconstitutionality, with an Account of the Seizure of James Hamlet, 3; Wilson, Rise and Fall of the Slave Power, II. 304._
=44. Gannett case.=
=1850, Oct. 18.= Alleged fugitive discharged in Philadelphia: _Wilson, Rise and Fall of the Slave Power, II. 326; May, Fugitive Slave Law and its Victims, 8._
=45. Gibson case.=
=1850, Dec. 21.= Rendition of an innocent man: _Wilson, Rise and Fall of the Slave Power, II. 327; May, Fugitive Slave Law and its Victims, 8; Still, Underground Railroad, 349._
=46. Case in Pennsylvania.=
=1851, Jan.= House of colored man entered by force: _Liberator, Jan. 10, 1851._
=47. Sims case. [Sec. 54.]=
=1851.= Rendition in Boston: _Liberator, April 17 and 18, 1851; Daily Morning Chronicle, April 26, 1851; Twentieth Annual Report of Mass. Antislavery Society, 1855, p. 19; Wilson, Rise and Fall of the Slave Power, II. 333; New England Magazine, June, 1890; May, Fugitive Slave Law and its Victims, 16; Trial of Sims, Arguments by R. Rantoul, Jr. and C. G. Loring; C. F. Adams, Richard Henry Dana, I. 185-301._
=48. Shadrach case. [Sec. 57.]=
=1851, Feb.= Rendition in Boston: _Liberator, Feb. 21, May 30, 1851; Cong. Globe, 31 Cong. 2 Sess., Appendix, 238, 295, 510; Von Holst, III. 21; May, Fugitive Slave Law and its Victims, 10; Wilson, Rise and Fall of the Slave Power, II. 329; New England Magazine, May, 1890; Boston Traveller, Feb. 15, 1851; Boston Courier, Feb. 17, 1851; Washington National Era, Feb. 27, 1851; Statesman's Manual, III. 1919._
=49. Christiana case. [Sec. 60.]=
=1851, Sept.= Riot in Christiana: _Parker's account, The Freedman's Story, T. W. Higginson, Atlantic Monthly, Feb. and March, 1866; U. S. v. Hanway, Treason, 247; Smedley, Underground Railroad, 105, 107, 130, 223; May, Fugitive Slave Law, 14; Lunsford Lane, 114; Wilson, Rise and Fall of the Slave Power, II. 324; History of the Trial of Castner Hanway and others for Treason; N. Y. Tribune, Sept. 12, 1851, and Nov. 26 to Dec. 12; Greeley, American Conflict, I. 215; National Antislavery Standard, Sept. 18, 1851; Lowell Journal, Sept 19, 1851; Boston Daily Traveller, Sept. 12, 1851; Still, Underground Railroad, 348._
=50. Miller. [Sec. 61.]=
=1851, Nov.= Mr. Miller murdered: _Liberator, Feb. 4, 1853; Lunsford Lane, 113; May, Fugitive Slave Law, 15; Wilson, Rise and Fall of the Slave Power, II. 324._
=51. Jerry case. [Sec. 58.]=
=1851, Oct.= Rescue in Syracuse, N. Y.: _Liberator, Oct. 10 to 17, 1851; Life of Gerrit Smith, 117; Trial of H. W. Allen, 3; Wilson, Rise and Fall of the Slave Power, II. 327._
=52. Parker rescue.=
=1851, Dec. 31.= Rescue by Mr. Miller: _Wilson, Rise and Fall of the Slave Power, II. 324; May, Fugitive Slave Law and its Victims, 15; Liberator, 1853, Feb. 4; Lunsford Lane, 113._
=53. Brig Florence.=
=1853.= Rescue of slave on board by Mr. Bearse: _Bearse, Reminiscences of Fugitive Slave Days in Boston, 34._
=54. Lewis case.=
=1853.= Escape of Lewis from trial: _Liberator, Oct. 28, 1853._
=55. Glover case.=
=1854.= Joshua Glover rescued by a mob at Milwaukee: _Wilson, Rise and Fall of the Slave Power, 444; Liberator, April 7, 24, 1854._
=56. Bath.=
=1854.= Escape to Canada from ship from Florida: _Liberator, Oct. 6, 1854._
=57. Burns case. [Sec. 55.]=
=1854.= Rendition in Boston: _Liberator, May, June, 1854, Aug. 22, 1861; Kidnapping of Burns, Scrapbook collected by Theo. Parker; Personal Statement of Mr. Elbridge Sprague, N. Abington; Accounts in Boston Journal, May 27, 29, 1854; Daily Advertiser, May 26, 29, June 7, 8, July 17; Traveller, May 27, 29, June 2, 3, 6, 10, July 15, 18, Oct. 3, Nov. 29, Dec. 5, 7, 1854, April 3, 4, 10, 11, 1855; Evening Gazette, May 27, 1854; Worcester Spy, May 31; Argument of Mr. R. H. Dana; May, Fugitive Slave Law and its Victims, 256; Clarke, Antislavery Days, 87; Wilson, Rise and Fall of the Slave Power, II. 435; Stevens, History of Anthony Burns; Greeley, American Conflict I. 218; New York Tribune, May 26, 1854; Liberator, June 2, 9, 16, 1854; Von Holst VI. 62; Garrisons' Garrison, II. 201, III. 409; C. F. Adams, Dana, I. 262-330._
=58. Garner. [Sec. 56]=
=1856.= Rendition of a family in Ohio: _Liberator, Feb. 8, 22, 29, 1856; May, Fugitive Slave Law and its Victims, 37; Lunsford Lane, 119; Greeley, American Conflict, I. 219, Lalor's Cyclopaedia, I. 207; Wilson, Rise and Fall of the Slave Power, II. 446, 447._
=59. Williamson case.=
=1856, Jan.= Prosecution for aiding fugitives: _Wilson, Rise and Fall of the Slave Power, II. 448; May, Fugitive Slave Law and its Victims, 9, 34; Annual Report of American Antislavery Society, N. Y., May 7, 1856, p. 24; Narrative of the Facts in the Case of Passmore Williamson, Penn. Antislavery Society._
=60. Johnson case.=
=1856, July 16.= Rescue of slave on ship from Mobile: _Liberator, July 18, 1856._
=61. Gatchell case.=
=1857, Jan.= Rendition of Philip Young: _Chambers, Slavery and Color; Fugitive Slave Law, Appendix, 197._
=62. Oberlin-Wellington case. [Sec. 59]=
=1858.= Rescue at Wellington: _Liberator, Jan. 28, April 29, May 6, June 3, June 10, 1859; Shepherd, Oberlin-Wellington Rescue; Lunsford Lane, 179; Anglo-African Magazine (Oberlin-Wellington Rescue), 209; May, Fugitive Slave Law and its Victims, 108._
=63. John Brown's Raid. [Sec. 62.]=
=1858.= Raid in Missouri: _Sanborn, Life and Letters of John Brown, 420; Von Holst, John Brown, 104._
=64. Nalle case.=
=1859, April 28.= Rescue of Charles Nalle by a mob: _Bradford, Harriet, the Moses of her People, Appendix, 143; Liberator, May 4, 1860._
=65. Anderson case. [Sec. 23.]=
=1860.= Extradition case between U. S. and Canada: _Liberator, Dec. 3, 1860; Pamphlets on Anderson Case, Boston Public Library; Life of Gerrit Smith, 15; Liberator, Jan. 22, 1861._
=66. Wisdom case. [Sec. 91.]=
=1861.= Rendition by army officers: _Liberator, July 19, 1861._
=67. Major Sherwood's servant. [Sec. 91.]=
=1861.= Rendition ordered in army: _Liberator, July 19, 1861._
=68. Norfolk case.=
=1863.= Kidnapping by N. Y. Volunteers: _Liberator, March 27, 1863._
=69. Archer Alexander.=
=1863.= Fugitive during the war: _Archer Alexander._
APPENDIX E.
_BIBLIOGRAPHY OF FUGITIVE SLAVE CASES AND FUGITIVE SLAVE LEGISLATION._
1. Sources of information. 2. Libraries. 3. Secondary works. 4. Biographies. 5. Original sources. 6. Slave autobiographies. 7. Records of trials. 8. Speeches. 9. Reminiscences. 10. Reports of societies. 11. Periodicals and newspapers. 12. Materials bearing on legislation. 13. Alphabetical list of works.
=1. Sources of information.=
There are many sources from which material for a study of fugitive slaves may be gathered. Almost any work upon the slavery question touches sooner or later upon this topic, and the difficulties arise rather from the amount of the literature which must be examined than from lack of information. No formal bibliography of the subject, or of any phase of it, has been found; it has therefore been necessary to go through a large body of material, and to sift out references which bear upon the subject.
=2. Libraries.=
The labor has been much facilitated by the completeness and convenient arrangement of the literature bearing upon slavery in the libraries of Cambridge and Boston. The Harvard College Library possesses two unique collections of slavery pamphlets, one the bequest of Charles Sumner, the other the gift of Colonel T. W. Higginson; and the Card Catalogue of the Library is a comprehensive guide to a large alcove of other books. The great collections of the Boston Public Library have also been made accessible by the full Card Catalogue of that Library. The Boston Athenaeum has also furnished valuable material; and in the Massachusetts State Library is an excellent set of State Statutes, which has been freely used. I have not been able to consult the antislavery collection of the Cornell Library at Ithaca.
=3. Secondary works.=
The material upon fugitive slaves, as upon any topic, may be divided into two classes, secondary and original. The general and local histories which come under the first class have been of good service as guides to further investigation. _The Rise and Fall of the Slave Power in America_, by _Henry Wilson_, takes up the whole question of slavery in a thorough manner, and devotes special attention to the debates in Congress. Though long and ill-arranged, it is comprehensive and trustworthy. Unfortunately, the work is not provided with foot-notes. _Williams's History of the Negro Race_, and _Greeley's American Conflict_, are other surveys of the whole subject. For a discussion of political forces and constitutional questions, _Von Holst_ is the best authority, while _Hurd_, besides enumerating the statutes from colonial times down, considers the subject with great clearness from a judicial point of view, describes many cases, and in foot-notes gives references to others.
Studies of colonial slavery are found in _Lodge's English Colonies in America_ and _Doyle's English in America_. Several special essays have been printed on slavery in Massachusetts; _Deane's_ and _Moore's Notes on Slavery_, and _Washburn's Extinction of Slavery in Massachusetts_. Little attention is in any of these works given to fugitive slaves.
To another class belong books descriptive of the institution of slavery. _Mrs. Frances Kemble_ wrote about life on a Southern plantation before the war, and the _Cotton Kingdom_ and other volumes by _Frederick Law Olmsted_ give many interesting details, and furnished me with much material for the chapter on Fugitives and their Friends.
=4. Biographies.=
Biographies of antislavery men are likely to contain information on fugitive slave cases. The _Life of Isaac T. Hopper_ is full of accounts of his ways of aiding flight, and for the same reason the _Life of Gerrit Smith_ is exceedingly interesting. Birney's _Life of James G. Birney_ deals little with fugitives. The biographies of Mrs. Lydia Maria Child, Arthur and Lewis Tappan, John Brown, Garrison, Phillips, and the Grimke sisters, may also be mentioned. Others, like those of Jonathan Walker, L. W. Paine, Daniel Drayton, captain of the schooner Pearl, W. L. Chaplin, Work, Burr, and Thompson, and the recently published _Life of Rev. Calvin Colman_, relate simply the stories of trials and imprisonments for aiding fugitives, and are often more in the nature of original than secondary sources.
=5. Original sources.=
Very early in the preparation of this work it became evident that no writer had systematically examined and compared the legislation of the Colonies and States, or searched the records of Congress, or looked for contemporary accounts of any considerable number of escapes. I was therefore obliged to search for such original material as was within my reach. Doubtless some important books and pamphlets have escaped me, and an examination of other collections would enlarge the bibliography; but the effort has been made to exhaust the literature of the subject, except in newspapers.
=6. Slave autobiographies.=
Out of the great variety of original sources containing descriptions of slave life and escapes, the autobiographies of the slaves themselves are the most interesting, and often the saddest. The Rev. James Freeman Clarke says, in his Antislavery Days: "Even now, when it is all over, the flesh creeps and the blood curdles in the veins at the accounts of the dreadful cruelties practised on slaves in many parts of the South. I would advise no one to read such histories to-day unless his nerves are very well strung." _Frederick Douglass_ has given us two books, one written before slavery was abolished, and a fuller account afterward, when it was no longer imprudent to reveal the whole story of his escape. Many of these lives were published by antislavery people, who wished by such means to rouse the North. Such are the stories of _Box Brown_, _Peter Still_, _Archy Moore_, _Solomon Northrup_, _Lunsford Lane_, and others, most of which have been quoted above.
=7. Records of trials.=
Much descriptive detail can often be found in the published reports of trials. A volume is devoted to the Oberlin-Wellington case, and several volumes have been published on the Burns trial. For the Prigg and Hanway cases, and others of importance, the records of the Supreme Court and lower courts have been consulted. Most of the important cases were tried in State courts or before commissioners, and the only reports are fugitive pamphlets, of which many have been consulted and cited.
=8. Speeches.=
In the study of public sentiment and for the weighing of argument the speeches of _Phillips_, _Sumner_, _Seward_, _Giddings_, _Webster_, _Mann_, _Rantoul_, _Loring_, and others, are of the greatest value. They often throw light upon obscure cases, and the fugitive slave stories brought in as illustrations have sometimes led to the discovery of interesting and forgotten cases.
=9. Reminiscences.=
A valuable aid in reconstructing in the mind the conditions of the slavery struggle are the reminiscences of participants. _Rev. James Freeman Clarke's Antislavery Days_ and _Mr. Parker Pillsbury's_ book have been helpful in these chapters. A pamphlet by _Mr. Austin Bearse_ describes the Fugitive Slave Laws in Boston, and relates the work of the Vigilance Committee in protecting escaped negroes. The books of _Still_, _Smedley_, and _Coffin_, on the workings of the Underground Railroad, are composed chiefly of reminiscences, and have furnished many essential facts.
=10. Reports of societies.=
The reports of the various antislavery societies, especially of those of Massachusetts and Pennsylvania, have also been examined with profit as to the work among the refugees in Canada, etc. For the colonial period the publications of the Massachusetts and New York Historical Societies are exceedingly important, and have been freely drawn upon.
=11. Periodicals and newspapers.=
Not much has been gathered from periodicals. _Poole's Index_ was used and occasionally something of importance was discovered. Thus _The Freedman's Story_ in the _Atlantic Monthly_ has furnished one of the most striking of the stories about resistance to escapes. Such articles are few, and occur long after the slavery period, when such disclosures were no longer unpopular. _The Magazine of American History_ contains Several articles. Among newspapers, the _Liberator_ is without doubt the most complete record of the extreme antislavery sentiment toward the fugitive slave laws and their workings. Each case as it occurs is fully commented upon, and in addition there is each week a column or two of atrocities, and among them stories of fugitives are often given. The Harvard College Library contains a complete file, which I have examined; and references to the Liberator are therefore frequent throughout the work. The colonial newspapers are of little value, except for the conclusions which may be drawn from the advertisements for runaways. Newspapers of that time were so limited in scope, that an affair so unimportant to them as a fugitive slave case would scarcely appear.
=12. Materials bearing on legislation.=
The materials for the study of colonial legislation must be gathered from many sources. The best collection of them in Boston may be found at the State Library. In some colonies there are carefully edited series of volumes chronologically arranged, but in others the records have been but irregularly printed. The laws of New Netherlands and of early New York are easily accessible in well printed volumes of a recent date. For the Southern States, the Hening edition of the Virginia Statutes at Large is clear, and covers a long period. There is also the Cooper collection for South Carolina, Bacon's series for Maryland, Iredell's edition of South Carolina Statutes, and Leaming and Spicer for New Jersey. There are of course many others, but these comprise the most important.
From the beginning of the Constitutional period, the proceedings of Congress may be followed as minutely as desired. An outline of the proceedings is given in the Journals of the Senate and House, while for a fuller account and reports of speeches the Annals of Congress and Congressional Debates to 1837, and the Congressional Globes from 1833 to 1863, furnish ample material. Information in regard to the number and personnel of the House is most readily gathered from Poore's Congressional Directory.
=13. Alphabetical list of works.=
This list includes all the books and articles which have been of service in preparing the monograph, except a few of the general histories.
=Adams, Charles Francis, Jr.= Richard Henry Dana: a Biography. 2 vols. Boston, 1890.
=Allen, H. W.= Trial of U. S. Deputy Marshal for Kidnapping, etc. Syracuse, 1852.
=Amherstburg Quarterly Mission Journal=, Amherstburg, Canada West.
=Antislavery Almanacs=, miscellaneous collection of, in the Library of Harvard College.
=Antislavery Pamphlets=, miscellaneous collection of, unsuitable for binding, in the Library of Harvard College.
=Antislavery Societies=, Annual Reports of.
=Ball, J. P.= Mammoth Pictorial Tour of the United States, compiled for a Panorama. Cincinnati, 1855.
=Bayard, James.= A Brief Exposition of the Constitution of the United States. Philadelphia, 1845.
=Bearse, Anthony.= Remembrances of Fugitive Slave Law Days in Boston. Boston, 1880. pp. 41.
=Birney, J. G.= Examination of the Decision of the Supreme Court of the United States in the Case of Strader, Gorman, and Armstrong _vs._ Christopher Graham, 1850. Cincinnati, 1851. pp. 47.
=Bledsoe, Albert T.= An Essay on Liberty and Slavery. Philadelphia, 1887. pp. 383.
=Boston Slave Riot and Trial of Anthony Burns.= Boston, 1854.
=Bowditch, H. I.= To the Public. [Defence of his conduct in the case of Latimer against the charges of J. B. Gray.] Boston, 1842. pp. 11.
=Bowditch, W. I.= The Rendition of Anthony Burns. Boston, 1854. pp. 40.
=----.= The United States Constitution a Pro-slavery Instrument. New York, 1855. pp. 12.
=Bowen, C. W.= Arthur and Lewis Tappan, a Paper read at the Fiftieth Anniversary of the New York City Antislavery Society, Oct. 2, 1883. New York, 1883. (?) pp. 116.
=Bowen, F.= Fugitive Slaves. In _North American Review_, LXXI. 252. (July, 1850.)
=Brown, W. W.= Narrative of a Fugitive Slave. Boston, 1848. pp. 144.
=Bump, O. F.= Notes of Constitutional Decisions, being the Digest of the Provincial Interpretations of the Constitution of the United States, etc. New York, 1878.
=Canada Mission=, 7th Annual Report of. Rochester, N. Y.
=Case of William R. Chaplin=, etc. Boston, 1851. pp. 54.
=Chambers, William.= American Slavery and Color. London, 1857.
=Chase, S. P.= Reclamation of Fugitive Slaves from Service, an Argument for the Defendant, submitted to the Supreme Court of the United States at December Term, 1840, in Case of W. Jones _vs._ John Van Zandt. Cincinnati, 1847. pp. 108.
=Child, Lydia Maria.= The Duty of Disobedience to the Fugitive Slave Act (an Appeal to the Legislators of Mass.). Boston, 1860. pp. 36.
=----.= Isaac T. Hopper (a True Life). Boston, 1853. pp. 120.
=----.= Letters of Lydia Maria Child. Boston, 1883.
=Clarke, James Freeman.= Antislavery Days. New York, 1884.
=Clarke, Lewis and Milton=, Narrative of the Sufferings of, among the Slaveholders of Kentucky. Boston, 1848. pp. 144.
=Cobb, T. R.= Historical Sketch of Slavery. Philadelphia, 1836.
=Coffin, L.= (President of Underground Railroad). Reminiscences of a Lifetime spent in Behalf of the Slave. Cincinnati, 1876.
=Constitutional Provision, The=, respecting Fugitives from Justice, and the Act of Congress, Sept. 18, 1850. Boston, 1852.
=Cooley, Thomas M.= The General Principles of Constitutional Law in the United States of America. Boston, 1880. pp. 376.
=Daggs (Ruel)= _vs._ =Elihu Frazier et als.= Fugitive Slave Case, Southern Division of Iowa. Burlington, 1850. pp. 40.
=Deane, Charles, and Moore.= Slavery in Massachusetts. Connecticut, 1877.
=Desty, Robert.= Constitution of the United States, with Notes by Robert Desty, etc. San Francisco, 1887.
=Douglass, Frederick.= Narrative of his Life. Written by himself. Boston, 1845.
=----.= Life and Times of Frederick Douglass. Hartford, 1881-82.
=Drayton, Daniel.= Personal Memoirs of, for four years and four months (a prisoner for charity's sake in Washington Jail), including Narrative of Voyage and Capture of Schooner Pearl. New York, 1855.
=Drew, Benjamin.= North Side View of Slavery, or Narrative of a Refugee in Canada, with an Account of the History of the Colored Population in Upper Canada. Boston, 1856.
=Eliot, W. G.= The Story of Archer Alexander from Slavery to Freedom. Boston, 1885.
=Elliott, Chas. W.= The New England History, from the Discovery of the Continent by the Northmen, A. D. 986, to the Period when the Colonies declared their Independence, A. D. 1776. 2 vols. New York, 1857.
=Friend, By A.= The Experiences of Thomas Jones, who was for forty-three years a Slave. Boston, 1850.
=Frothingham, O. B.= Life of Gerrit Smith. A Biography. New York, 1878. pp. 381.
=Fugitive Slave Bill= enacted by U. S. Congress, and approved by President Fillmore, Sept. 8, 1850. Boston, 1854. pp. 7.
=Fugitive Slaves.= In Democratic Review, XXVIII. 57 (April, 1851).
=Furness, W. H.= The Moving Power. A Discourse delivered in the First Congregational Unitarian Church in Philadelphia, Feb. 9, 1851, after the occurrence of a Fugitive Slave Case. Philadelphia, 1851.
=Garrison, Wendell Phillips=, and =Garrison, Francis Jackson.= William Lloyd Garrison, 1805-1879: the Story of his Life, told by his Children [Wendell Phillips Garrison and Francis Jackson Garrison]. 4 vols., 8vo. New York, 1885.
=Giddings, J. R.= The Exiles of Florida, or Crimes committed by our Government against Maroons who fled from South Carolina, etc. Columbus, O., 1858.
=Goodell, William.= Views of American Constitutional Law in its Bearings upon American Slavery. 2d ed. Utica, N. Y., 1845.
=Goodloe, D. R.= The Southern Platform, or Manual of Southern Sentiments on the Subject of Slavery. Boston, 1858.
=Gray, A. F.= (?) Letter to W. H. Seward touching the Surrender of certain Fugitives from Justice. New York, 1841.
=Great Britain.= British Documents, Parliament of Great Britain, Correspondence respecting Case of Fugitive Slave Anderson. London, 1861.
=Greeley, Horace.= The American Conflict; a History of the Great Rebellion, 1860-65; its moral and political Phases, with the Drift and Progress of America respecting Human Slavery from 1776. 2 vols., 8vo. Hartford, 1864.
=Green, William= (formerly a slave), Narrative of Events in the Life of. Written by himself. Springfield, 1853. pp. 23.
=Hawkins, W. G.= Lunsford Lane, or Another Helper from North Carolina. Boston, 1863.
=Helper, H. R.= The Impending Crisis in the South, and How to Meet it. New York, 1860. pp. 420.
=Henson, Josiah.= Life of J. Henson, formerly a Slave, now an Inhabitant of Canada, as narrated by himself.
=Hildreth, R.= The Slave, or Memoirs of Archy Moore. Boston, 1840.
=Hopper, I. T.= Thomas Cooper. New York, 1837.
=Hossack, John.= Speech of John Hossack, convicted of Violation of the Fugitive Slave Law, before Judge Drummond of the United States District Court, Chicago, Ill. New York, 1860. pp. 12.
=Howe, S. G.= Refugees from the South in Canada West. Report to Freedman's Inquiry Committee. Boston, 1864.
=Hurd, J. C.= The Law of Freedom and Bondage. 2 vols. New York, 1858, 1862.
=----.= Topics of Jurisprudence connected with the Condition of Freedom and Bondage. New York, 1856. pp. ix, 113.
=Hurd, R. C.= Treatise on the Right of Personal Liberty, and on the Writ of Habeas Corpus, and Practice connected with it, with a View of the Law of Extradition of Fugitives. Albany, 1858.
=Joliffe, John.= In the Matter of George Gordon's Petition for Pardon. John Joliffe's Argument for Petitioner. Cincinnati, 1862.
=Kane, Judge.= District Court of the United States for the Eastern District of Pennsylvania. United States of America, ex relatione Wheeler, _vs._ Williamson. Opinion of Judge Kane, Oct. 12, 1855. Philadelphia, 1855. pp. 20.
=Kemble, Frances Anne.= Journal of a Residence on a Georgian Plantation in 1836-39. New York, 1863.
=Kent, J.= Commentaries on American Law. 4 vols. Boston, 1884.
=Kidnapping.= _African Observer_, May, 1837.
=Kingsbury, Harmon.= The Fugitive Slave Bill, its History and Unconstitutionality: with an Account of the Seizure and Enslavement of James Hamlet and his subsequent Restoration to Liberty (with Appendix). New York, 1850.
=Larned, E. C.= Argument on the Trial of Joseph Stout, indicted for rescuing a Fugitive Slave from a United States Deputy Marshal at Ottawa, Ill., Oct. 20, 1859, delivered March 12 and 13, 186-. Chicago, 186-. pp. 43.
=----.= The new Fugitive Slave Law. Speech of E. C. Larned, Chicago, Oct. 25, 1850. Chicago, 1850.
=Latimer Case.= From the _Law Reporter_, March, 1843. Boston, 1843. pp. 10.
=Letter= to His Excellency, William H. Seward, Governor of the State of New York, touching the Surrender of certain Fugitives from Justice. New York, 1841. pp. 101.
=Lord, J. C.= The Higher Law in its Application to the Fugitive Slave Bill. Buffalo, 1851.
=Madison, James.= The Constitution a Pro-slavery Compact. New York, 1844.
=Mann, Horace.= Fugitive Slave Law. Boston, 1851.
=Massachusetts Senate.= Various Documents. Senate, 1851, No. 89 (examination of Sims Case).
=May, S. J.= American Antislavery Society. The Fugitive Slave Law and its Victims. New York, 1856, 1861.
=----.= Catalogue of Antislavery Publications in America, 1750-1830.
=Moore, G. H.= Notes on the History of Slavery in Massachusetts. New York, 1866.
=Narrative= of Facts in the Case of Passmore Williamson. Philadelphia, 1855.
=Narrative= of Solomon Northrup, a Citizen of New York, kidnapped in Washington in 1844, and rescued in 1853 from a Cotton Plantation near Red River, Louisiana. Cincinnati, H. W. Derby.
=Needles, Edward.= Historical Memoir of the Pennsylvania Society for Promoting the Abolition of Slavery. Philadelphia, 1848.
=New York Court of Appeals=, Report of the Lemmon Slave Case. New York, 1861. pp. 446.
=New York Legal Observer=, Supplement to, containing Report of the Case In the Matter of George Kirk, a Fugitive Slave, heard before J. W. Edmunds, Circuit Judge; also the Argument of John Jay, Counsel for the Slave. New York, 1844. pp. 20.
=Oberlin-Wellington Rescue.= New Englander, XVII. 686.
=Olmsted, F. L.= The Cotton Kingdom. 2 vols. New York, 1861.
=Paine, Byron=, and =Smith, A. D.= Unconstitutionality of the Fugitive Slave Act. Argument of A. D. Smith. Milwaukee, 1854. pp. 35.
=Paine, L. W.= Six Years in a Georgia Prison. Narrative of L. W. Paine, who suffered Imprisonment for aiding Slaves to escape from that State after he had fled from Slavery. Boston, 1852.
=Parker, Joel.= Personal Liberty Laws (State of Massachusetts) and Slavery in the Territories (Case of Dred Scott). Boston, 1861. pp. 97.
=Parker, Theodore.= Anthony Burns. [Collection made and arranged in the form of a scrap-book by Theodore Parker, whose Autograph and Manuscript it contains.] Boston Public Library.
=Peabody, Andrew Preston.= [Address before the New England Historic-Genealogical Society, May 6, 1891.]
=Peabody, E.= Narratives of Fugitive Slaves. _Christian Examiner_, XLVII. 61.
=Phillips, Wendell.= Argument of Wendell Phillips, Esq., against Repeal of the Personal Liberty Laws before the Committee of the Legislature, Tuesday, January 29, 1861. Boston, 1861.
=----.= No Slave Hunting in the Old Bay State, before Committee on Federal Relations, H. R., Thursday, Feb. 17, 1859. Boston, 1859.
=----.= Speech in the House of Representatives of Massachusetts before the Committee on Federal Relations [against the recapture of fugitive slaves]. Boston, 1859.
=Pickard, Mrs. K. E. R.= The Kidnapped and the Ransomed. Personal Reflections of Peter Still and his Wife Vina after Forty Years of Slavery. Syracuse, New York, 1856.
=Pierce, E. L.= Remarks of E. L. Pierce before the Committee of the Legislature of Massachusetts on the General Statutes relating to Personal Liberty, at their Hearing of Feb. 1, 1861. Boston, 1861.
=Pomeroy, J. N.= An Introduction to the Constitutional Laws of the United States. Boston, 1868.
=Poole, W. F.= Sketch of Antislavery Opinion before Year 1800. An Essay read before the Cincinnati Literary Club, Nov. 16, 1872. Cincinnati, 1873.
=Randolph, Peter=, an emancipated slave. Sketches of Slave Life. Boston, 1855. pp. 82.
=Rantoul, Robert.= Speech at Lynn, April 3, 1852, on the Fugitive Slave Law. Speech in Congress on June 11, 1852, on the Constitutionality of the Fugitive Slave Law.
=Rendition of Fugitive Slaves.= Acts of 1793 and 1850, and Decisions of the Supreme Court sustaining them. The Dred Scott Case. 1860. pp. 15.
=Refugees' Home Society=, Report of Committee. Winsor, 1852. pp. 8.
=Report= of the Trial of Castner Hanway for Treason, etc. Philadelphia, 1852. pp. 275.
=Report= of the Case of Edward Prigg against the Commonwealth of Pennsylvania in Superior Court. Philadelphia, 1842.
=Roper, Moses=, Narrative of the Adventures and Escape of, from American Slavery. Philadelphia, 1838. pp. 89.
=Sergeant, Thomas.= On Constitutional Law. Philadelphia, 1830.
=Seward, W. H.= John Van Zandt, etc., Argument for Defendant by W. H. Seward. Albany, 1847. pp. 40.
=Sherman, H.= Slavery in the United States; from the Establishment of the Confederation to the present Time. Hartford, 1860. pp. 60.
=Shipherd, J. R.= History of Oberlin-Wellington Rescue. Boston, 1859.
=Smedley, R. C., M. D.= History of the Underground Railroad in Chester and neighboring Counties of Pennsylvania. Lancaster, Pa., 1883. pp. 395.
=Smith, Gerrit.= Argument on the Fugitive Slave Law, June, 1852, on the Trial of H. W. Allen for Kidnapping. Syracuse. pp. 32. No date.
=South Bend Fugitive Slave Case, The.= (John Ames _vs._ L. B. Newton.) New York. pp. 24.
=Spooner, L.= A Defence for Fugitive Slaves against the Acts of Congress of Feb. 12, 1793, and Sept. 18, 1850. Boston, 1850. Pam.
=Stearns, Charles.= Narrative of Henry Box Brown, who escaped from Slavery enclosed in a Box three feet long and two wide. Boston, 1849.
=Stearns, Charles.= The "Fugitive Slave Law of the United States."
=Stevens, C. E.= Anthony Burns (a Fugitive Slave). A History. Boston, 1856.
=Still, W.= The Underground Railroad. Philadelphia, 1872.
=Stroud, G. M.= Sketch of Laws relative to Slavery in the several States of the United States of America. Philadelphia, 1827. pp. 128.
=Sumner, Charles.= Fugitive Slaves. _Brownson_, XI. 487 (October, 1854).
=Tappan, Arthur.= The Life of. New York, 1870.
=Thomas, B. F.= A few Suggestions to a Friend upon Personal Liberty Laws and Secession (so called), in a Letter to a Friend. Boston, 1861.
=Thompson, George.= Prison Life and Reflections, Narrative of Trial, Imprisonment, etc. of Work, Burr, and Thompson for aiding Slaves to Liberty. Hartford, 1849.
=----.= The Negroes' Flight from American Slavery to British Freedom. 1849. pp. 16.
=Watson, Henry.= Narrative of Henry Watson, a Fugitive Slave. Written by himself. Boston, 1848. pp. 48.
=Weld, S. D.= American Slavery as it is: Testimony of Thousands of Witnesses. New York, 1839.
=Wesley, Rev. J.= The Rev. J. W. Loguen as a Slave and as a Freeman. Syracuse, New York, 1859.
=Weston, G. M.= Progress of Slavery in the United States. Washington, 1857.
=White Slave, The=: Or Memoirs of a Fugitive. Boston, 1852. pp. 408.
=Whittier, John G.= The Writings of John G. Whittier. Boston, 1888-89. 7 vols. 12mo.
=Wigham, E.= Antislavery Cause in America and its Martyrs. London, 1863.
=Wilcox, A.= The Powers of the Federal Government over Slavery. Baltimore, 1862. pp. 23.
=Willey, Rev. Austin.= History of the Antislavery Cause in State and Nation. Portland, 1886. pp. xii, 503.
=Williams, George W.= History of the Negro Race in America. 2 vols. New York, 1883.
=Wilson, Henry.= History of the Antislavery Measures in the 37th and 38th United States Congresses. Boston, 1865.
=----.= History of the Rise and Fall of the Slave Power in America. 3 vols. Boston, 1875-1877.
=Wisconsin Supreme Court.= Unconstitutionality of the Fugitive Slave Act. Decision in Case of Booth and Bycraft. Milwaukee, 1855.
INDEX.
Abolition, in the D. C., Sec. 98, C 62, C 65; of the slave trade in the D. C., B 25. See also Antislavery, Emancipation.
Abolitionists, known to slaves, Sec. 63; efforts on the Underground Railroad, Sec. 76. See also Antislavery.
Acorn, ship, Sec. 54.
Act, first fugitive slave, B 9; second fugitive slave, B 31; Grimes, C 51; Blair, C 58; repealing fugitive slave act, C 83. See also Bill.
Adams, ----, against fugitive slave bill, Sec. 20.
Adams, J. Q., in Treaty of Ghent Convention, Sec. 22; presented petitions, Sec. 44.
Advertisement, of runaways, Sec. 3; colonial, Sec. 5; later, Sec. 65, Sec. 96; of probable place of refuge of an habitual runaway, Sec. 66.
Albany, escapes from, Sec. 8, A 50.
Aldrich, amendment, C 58.
Alexander, Archer, D 69.
Alien and Sedition Acts, absorb attention, Sec. 19.
Allen, Henry W., tried for kidnapping, Sec. 58.
Amendments to the Constitution, Sec. 104.
Amsterdam, banishes runaway colonists, A 15.
Anderson case, Sec. 23, D 65.
Antislavery men, biographies of, E 4.
Antislavery reminiscences, E 9.
Antislavery sentiment, rise of, Sec. 33.
Antislavery societies, character of work, Sec. 41; reports of, E 10.
Apprentices, fugitive, A 9, A 39.
Arbitration, in Creole case, Sec. 24.
Army officers, arrests by, Sec. 95.
Arrest, negro liable to, Sec. 65; by army officers, Sec. 95.
Articles of Confederation, fugitive slave clause in, Sec. 8, Sec. 14, A 8.
Articles of war, resolution on, C 47; bill for an additional, Sec. 95.
Artis, Jordan, advertisement of, Sec. 65.
Ashley, repeal bill, Sec. 101, C 80.
Athenaeum, Boston, E 2.
Attorneys, to defend fugitives, Sec. 76; forbidden to act, Sec. 81.
Attucks, Crispus, escape of, Sec. 5, D 6.
Badger, on fugitive slave bill, Sec. 31.
Bahamas, treatment of fugitives in, Sec. 22, Sec. 24.
Bass, aids S. Northrup, Sec. 38.
Batchelder, James, death of, Sec. 55.
Bath, escape from, 127 D 56.
Bell, Governor. See Ohio.
Benton Resolution, B 24.
Bermudas, treatment of fugitives in, Sec. 24.
Bill, for a new fugitive slave law, reported, Sec. 17-Sec. 20, Sec. 21, Sec. 27; 28-29; character of, 1802, Sec. 19; principles of, 1818, Sec. 19-Sec. 20; for amending, Sec. 20; on Maryland resolutions, Sec. 21; Douglas's, C 17; Lovejoy's, C 35, C 66; Wilson's, C 42, C 48, C 54, C 56; Howe's, C 49; Davis's C 50, C 57; confiscation, C 68, C 72, C 73, C 79; abolition, C 62, C 65; Harris's, C 59, C 67, C 71; Clark's, C 72; Julian's, C 45, C 76; emancipation, C 73, C 75, C 78; repeal, C 80; Stevens's, C 80; Ashley's, C 80; Sumner's, C 80, C 83; Spalding's, C 80; House substitute, C 83. See also Acts.
Bingham, ----, on Blair bill, Sec. 95; resolutions, Sec. 97, C 39; amendments, C 58, C 67.
Black Code, in the D. C., resolution on, C 33; bill to repeal, C 56.
Blair, ----, bill, Sec. 95; Act, C 58.
Blake, ----, introduces repeal bill, Sec. 87.
Boston massacre, Attucks killed in, Sec. 5.
Boston, schooner, case of, Sec. 47, D 21.
Boucher, Rev. John, on Washington's education, Sec. 1.
Bound servants, escape from Virginia, Sec. 9.
Bourne, ----, appointed on committee, Sec. 17.
Bowditch, H. I. See Latimer Journal.
Boyle, ----, Brigadier General in Sherwood case, Sec. 94.
Bright, ----, Explanatory Bill, B 34.
Brown, on repeal bill, Sec. 103.
Brown, John, in Missouri and Kansas, Sec. 62; plan of, Sec. 62; effect of raid, Sec. 102; case, D 63.
Brown, Mary, demands arrest of Hamlet, Sec. 53.
Browne, William, story of escapes, Sec. 9.
Browne, William, a runaway, Sec. 66.
Buchanan, James, presidential message of, Sec. 86, C 1.
Burnett, Governor, conference with Indians, demands slave, Sec. 8.
Burns, Anthony, arrest and trial, Sec. 55, D 57; use of court-house in his case, Sec. 81.
Butler, ----, proposition on fugitive slave clause, Sec. 15; on fugitive slave bill, Sec. 31; reports fugitive slave bill, B 30.
Butler, General B. F., on "contrabands," Sec. 88.
Calhoun, Resolution, Sec. 24, B 20.
California, sanctions rendition, Sec. 80.
Calvert, appointed on committee, made chairman, Sec. 17.
Cape May, escapes to, D 3.
Carlisle, fugitive slave case in, Sec. 43.
Cases, legal, change in character of, Sec. 33; classification of, Sec. 33; principle of selection of, Sec. 52.
Certificate, evidence for conviction, Sec. 8.
Chandler, Zachary, introduces confiscation bill, Sec. 90; confiscation act, C 31.
Chase, S. P., on fugitive slave law, Sec. 32; on payments under law of 1850, B 38; offers amendments, B 30.
Cherokees. See Treaty.
Chickasaws. See Treaty.
Chickasaw case, Sec. 42, D 20.
Christiana case, Sec. 60, D 49; influence traced, Sec. 60.
Choctaws. See Treaty.
Clarence, ----, joint resolution, C 23.
Clark, ----, reports confiscation bill, Sec. 91; substitute, Sec. 91; resolution, B 34; amendments, C 51; C 78; confiscation bill, C 72.
Clarke, J. F., quoted, Sec. 51, Sec. 55, Sec. 67, Sec. 73.
Clay, Henry, see Gallatin; provision on fugitives, Sec. 29; on Shadrach case, Sec. 57, B 33; amendment, B 30.
Cochrane, joint resolution, C 2.
Colfax, Schuyler, resolution, C 77.
Collamer, ----, amendments, C 53; C 67.
Colonial regulation, began early, Sec. 2; cases, Sec. 1-Sec. 12; legislation, Appendix A.
Colonists, runaway, A 15.
Colony, of fugitives, Sec. 66.
Columbia, case in, D 15.
Comet case, Sec. 24.
Commissioners, of United Colonies, complain of fugitives, Sec. 11; duty of, Sec. 30.
Committee, for a new fugitive slave law, Sec. 17; on the fugitive slave law, Sec. 17-Sec. 21, Sec. 24; on Maryland resolution, Sec. 21; to prevent outrages, Sec. 45; conference, Sec. 91; amendments by, C 31, C 48, C 51; on judiciary, instructed, Sec. 27; report a fugitive slave law, Sec. 27.
Compromise, resolution affirming, B 35; fugitive slave act, C 25.
Conferences, between Indians and the Governor of New York, Sec. 8.
Confiscation, of slaves of rebels, Sec. 89; report on, C 60; bill, Sec. 90, Sec. 91; amendments, Sec. 90; provisions extended, Sec. 90, Sec. 91; presented, Sec. 90, Sec. 91; act approved by President, Sec. 91; Trumbull's, C 30, C 37, C 52; Chandler's, C 31; Davis's, C 50; coupled with emancipation, C 44, C 69, C 73; amendments to, C 57, C 67, C 71; Harris's, C 59, C 63, C 67, C 71; Clark's, C 72; progress of, C 79; Morrill's joint resolution, C 40.
Congress, action of, from 1847 to 1850, Sec. 27.
Connecticut, legislation in, Sec. 4; in the New England confederation, Sec. 8; offers reward, Sec. 8; emancipation in, Sec. 14; Personal Liberty Laws in, Sec. 78, Sec. 79, Sec. 82; servants in, A 9; against runaways, A 67, A 78, A 79.
Constitution, fugitive slave clause in, Sec. 16, B 7; defended slavery, Sec. 16; amendments proposed, C 22.
Constitutional Convention, fugitive question in, Sec. 15.
Contrabands, origin of term, Sec. 88.
Convention, in Treaty of Ghent, Sec. 22. See also Constitutional Convention.
Conviction of a fugitive, evidence necessary, Sec. 18.
Cooledge, N., in Latimer case, Sec. 44.
Court, Commissioners, how chosen, Sec. 30. See also Conviction, Trials.
Court-house assaulted, Sec. 58.
Cowden, Colonel, in Wisdom case, Sec. 94.
Cox, ----, resolution, C 5; on repeal bill, Sec. 102.
Crafts, William and Lucy, escape of, Sec. 69, D 41.
Creek Indians, escapes to, Sec. 8; treaty with, Sec. 22; restoration clause in treaty, B 11.
Creole, case of, Sec. 24.
Crittenden, joint resolution, C 13, C 24.
Curtis, Commissioner, Sec. 54.
Curtis, Judge, trial of, Sec. 55.
Dagget amendment, Sec. 19, B 14.
Dana, R. H., defends Burns, Sec. 55.
Daniel, offered for sale, Sec. 66.
Davis, amendment, B 30; bill, C 50; substitute bill, C 57; amendments, C 58.
Davis, Charles G., in Shadrach case, Sec. 57.
Dayton amendment, B 30.
Debate, on fugitive slave clause in the constitution, Sec. 15; on fugitive slave bill, Sec. 17-Sec. 19; on the slave trade, Sec. 19; on the fugitive slave act, Sec. 19, Sec. 20; on the admission of Missouri, Sec. 21; on slavery in the D. C., Sec. 28; on the fugitive slave law of 1850, Sec. 31, Sec. 32.
De Bere, John, in Shadrach case, Sec. 57.
Delaware, regulation of servants and slaves, A 70.
Delawares, fugitive slave clause in treaty, B 1.
Diggs, S. T. P., in Anderson case, Sec. 23.
Dismal Swamp, refuge for fugitive, Sec. 66.
District of Columbia, slavery in, Sec. 28; repeal of jail laws in, Sec. 97, Sec. 98; Grimes's bill, Sec. 97, Sec. 98; debate on abolition of slavery in, Sec. 98; resolution on repeal of the Black Code in, C 33; bill for emancipation in, C 42; act on criminal justice in, C 51; bill, C 54; bill to repeal Black Code in, C 56; bill for the abolition of slavery in, C 62, C 65.
Drayton, ----, Captain, aids fugitives, Sec. 50.
Drayton and Sayres, case of, Sec. 50, D 40.
Douglass, Frederick, method of escape, Sec. 68, Sec. 75, D 23.
Douglas, Stephen A., joint resolution, C 14.
Dutch Colonies, along the coast, Sec. 1; regulations on fugitives, Sec. 2, Sec. 4; legislation in, Sec. 6. See also New Amsterdam, New Netherlands.
East Jersey, against fugitives, Sec. 2, A 41; against runaways, A 45.
Eldridge, Captain, of brig Chickasaw, Sec. 42.
Eliot, ----, introduces confiscation bill, Sec. 91; bill, C 69; substitute bill, C 78.
Elton, Governor, action in fugitive slave case, Sec. 11.
Emancipation, in Great Britain, Sec. 24; resolutions on, Sec. 91; in the District of Columbia, C 42; bill, C 75; coupled with confiscation, C 44, C 69, C 73; of fugitives from disloyal masters, bill for, C 78.
Emancipation proclamation, effect of, as a war measure, Sec. 92.
Encomium, case of, Sec. 24.
England. See Great Britain.
English, ----, joint resolution, C 8.
English colonies, Sec. 1. See Colonies.
Enterprise, case of, Sec. 24.
Escape, by ferries, Sec. 4; methods of investigation of, Sec. 63; methods of, Sec. 63; motives for, Sec. 64; to the woods, Sec. 66; to the North, Sec. 67; by laundry work, Sec. 67; by coach, Sec. 69; by passports, Sec. 75; general effect of, Sec. 76; from English to French, D 5. See also Fugitives, Runaways.
Extradition, no system of, in the colonies, Sec. 9.
False testimony, punished, Sec. 82.
Faneuil Hall, mass meetings in, Sec. 44, Sec. 55.
Fee, of commissioners, Sec. 30.
Felons, runaway apprentices, A 4.
Felony, when guilty of, Sec. 82.
Ferries, escapes by, Sec. 4.
Fessenden, ----, requests investigation of the District of Columbia jail, Sec. 97, C 38.
Fitch, ----, resolutions affirming the Compromise, B 35.
Florence, ----, joint resolutions, C 15, C 18.
Florida, escapes to, Sec. 8; Seminole trouble in, Sec. 23.
Fortress Monroe, contrabands at, Sec. 88.
Free negroes, penalty for harboring fugitives, Sec. 4; condition of, Sec. 25.
Free States, difficulty of transporting slaves across, Sec. 36.
French colonies, interval of unpopulated country south, Sec. 1; refuse to return fugitives, Sec. 11.
Friendship, ship, case of, Sec. 5, D 10.
Frontiers, places of refuge, Sec. 23.
Fugitive apprentices, act applies to, Sec. 18. See also servants.
Fugitives, evidence to convict, Sec. 19; status on the high seas, Sec. 24; penalty for harboring, Sec. 30, A 80; pursuit interfered with, 41; length of journeys, Sec. 67; disguised as whites, Sec. 69; how conducted on the underground railroad, Sec. 72; in loyal slave states, Sec. 93; typical cases of, during the war, Sec. 94; arrests of, by civil officers, advertisement of, Sec. 96; entertainment of, A 6; against, A 11, A 12; resolution for the discharge of, C 32; bill to prevent return of, C 35; resolution against the return of, C 43, C 46; bill on the arrest of, by army and navy officers, C 48; act to prohibit return by the army, C 58; resolution on the return of, by the army and navy, bill on the return of, by the army, resolution demanding trial by jury for, C 61, C 66, C 77; bill for the emancipation of fugitives from disloyal masters, C 78. See also Runaways, Escapes; see Table of Contents.
Fugitive Slaves, appeal for, Sec. 19; status of question from 1823 to 1847, Sec. 20, Sec. 23; resolutions on, Sec. 95; question discussed, Sec. 95; arrest by army officers, Sec. 95; resolutions on the return of, resolution on army orders on, C 28, C 36; resolution on, C 74; sources of information on, general histories of, E 1, E 3; secondary sources of information on, original sources of information on, autobiographies of, records of trials of, periodicals and newspapers upon, E 3, E 5, E 6, E 7, E 11; materials for study of legislation upon, E 12. See also Escapes, Fugitives, Runaways, and Table of Contents.
Fugitive Slave Act, first (1793), Sec. 16, Sec. 17; first called for, Sec. 17; necessity of the act, Sec. 17; passed the Senate, passed the House, Sec. 17; signed by the President, Sec. 17; text, B 9; followed earlier examples, Sec. 17, Sec. 18; status of opinion on, Sec. 17; remained inoperative, Sec. 16, Sec. 17; to enforce the, B 29.
Fugitive Slave Act, second (1850), attempts to secure, Sec. 20, Sec. 21; secured, Sec. 29; introduced by Mason, Sec. 29, B 30; Webster proposes, B 30; substitute offered, B 30; passed Congress, Sec. 29; necessity of, urged, Sec. 31; arguments for, Sec. 31; arguments against, Sec. 32; provisions of, Sec. 30; text of, B 31; unpopularity of, Sec. 51; no moral foundation, Sec. 51; declared unconstitutional, Sec. 85; non-execution of, Sec. 85; resolution to amend, C 45.
Fugitive Slave Acts repealed (1864), repeal urged, Sec. 85; status of, Sec. 100; early propositions, Sec. 101; discussion, Sec. 101; repeal bill, Sec. 101; passed, Sec. 103; repeal bill discussed, Sec. 103; bill to amend, C 25; repeal bills, C 49, C 76, C 80, C 82; repeal bill passes, Sec. 103; text of, Sec. 104, C 83.
Fugitive Slave Bill of 1818, passed the House, Sec. 19, Sec. 20; title of, Sec. 20; failure in the Senate, Sec. 21.
Fugitive Slave Cases. See Table of Contents.
Fugitive Slave Clause, in the New England Articles of Confederation, Sec. 8; in the Constitution, Sec. 15-Sec. 16; in the Treaty of Ghent, Sec. 22, B 12.
Fugitive Slave Controversy, educating effect of, recapitulation of, Sec. 105.
Fugitive Slave Legislation, opposed by Northern States, Sec. 25; inadequacy of, proved, Sec. 26; necessity of more stringent, Sec. 26; proposition for new, Sec. 27; must be carried out, Sec. 49; new element in, Sec. 79; in 1860, Sec. 85; resistance to, declared felony, Sec. 86; propositions to repeal or amend, Sec. 87; after emancipation proclamation, Sec. 92.
Gallatin, Albert, in Treaty of Ghent, Sec. 22.
Gannett, case of, D 44.
Gansey, Isaac, case of, D 24.
"Gap Gang," aid kidnappers, Sec. 60.
Gardiner, ----, commissioner in Hamlet case, Sec. 53.
Garner, Margaret, flight and seizure, Sec. 56.
Garner, Robert, flight and seizure, Sec. 56.
Garner, Simeon, flight and seizure, Sec. 56; case D 58.
Garrett, Thomas, trial and fine, reward offered for, Sec. 74.
Gatchell case, D 61.
Georgia, difficulty in recovery of fugitives in, Sec. 8; Governor of, demands fugitives from justice, Sec. 47.
Gibson case, D 45.
Giddings resolution, Sec. 28, B 23, B 25, B 27, B 28.
Glasgow, freedom case in, Sec. 12, D 7.
Glocester, given jurisdiction over runaways, A 24.
Glover case, D 55.
Goin case, D 29.
Gorsuch, Edward, claims a fugitive, Sec. 60.
Grahame, Thomas, in freedom case, Sec. 12.
Grayson, ----, on fugitive slave clause, Sec. 15.
Great Britain, status of fugitives in, Sec. 12; diplomatic relations, Sec. 12; encouragement of fugitives, Sec. 22, Sec. 23; pays indemnity, Sec. 24. See also England.
Great Dismal Swamp, refuge for runaways, Sec. 66.
Grey, James B., demands a fugitive, Sec. 44.
Grimes, criminal justice bill, Sec. 97; act, C 51; amendments, C 64, C 74.
Hale, ----, resolution, Sec. 95, C 41; amendment, C 82.
Hall, ----, resolution, Sec. 28, B 26.
Hamlet, James, case, Sec. 53, D 43.
Hannum, Captain, in Ottoman case, Sec. 45.
Hanway, Castner, in Christiana case, Sec. 60.
Harlan, ----, amendment, C 51.
Harris, ----, introduces confiscation bill, Sec. 91; confiscation bill, C 59, C 67, C 71; amendment, C 64.
Hartford, fugitive harbored in, Sec. 11; treaty of, ratified, A 14; controversy with New Netherlands, D 1.
Harvard College, Library of, E 2.
Henderson amendment, C 82.
Hepburne, Judge, in Kennedy case, Sec. 43.
Higginson, T. W., in Burns case, Sec. 55.
Hilliard, Mrs. G. S., harbors a fugitive, Sec. 75.
Hillyer, ----, finality resolution, B 37.
Hindman, ----, proposition, Sec. 86; joint resolution, C 10.
Holmes, ----, on the fugitive slave bill, Sec. 20.
Howard, ----, amendment, C 82.
Howe, ----, repeal bill, 83, C 49.
Hubbard, ----, on repeal bill, Sec. 102; resolution, C 83.
Illinois, no full personal liberty law in, Sec. 80.
Immigration, into Missouri, Sec. 21.
Impeachment, ground for, Sec. 81.
Imprisonment of a runaway, Sec. 65.
Indented Servants. See Servants.
Indiana, personal liberty law in (1824), Sec. 78, Sec. 80.
Indians, received fugitives in the wilderness, Sec. 1; as slaves, Sec. 1; as slave hunters, Sec. 8; conferences with, Sec. 8; escapes to, Sec. 9. See Chickasaws, Choctaws, Creeks, Delawares, Seminoles.
Intercolonial cases, early agreements as to fugitives, Sec. 1, Sec. 2; agreement between the Dutch and English, Sec. 8; difficulty of arranging regulations, Sec. 8; first contained in Articles of Confederation, Sec. 8; dependent upon intercolonial feeling, Sec. 9; case of escape of slaves, Sec. 11.
Interferences and rescues, Sec. 41.
International cases, earliest, Sec. 11; relations unsettled, Sec. 10; regulations under the Articles of Confederation, Sec. 13.
Interstate relations, affected by Prigg decision, Sec. 46.
Iowa, personal liberty laws in, Sec. 80.
Iredell, on fugitive slave clause, Sec. 15.
Isaac, case of, Sec. 47, D 24.
Jackson, ----, resolution, B 36.
Jager, Cornelis Herperts de, escape of servants of, Sec. 7.
Jail, in the District of Columbia, resolution on, Sec. 97; denied to fugitives, Sec. 97, B 27, B 28. See District of Columbia.
Jails, State, not to be used, Sec. 44; denied to fugitives, Sec. 57; denial constitutional, Sec. 83; use forbidden, Sec. 82. See also Personal Liberty Bill.
Jefferson, Thomas, proposition, Sec. 14.
John case, Sec. 17, D 11.
Johnson, joint resolution, C 12, C 27; amendment, C 83.
Johnson Case, D 60.
Johnston, on committee, Sec. 17.
Jones, George, case, Sec. 37, D 19.
Julian, George W., repeal bills, Sec. 101, C 76, C 80; resolution, C 45.
Jury trial, not admitted, Sec. 8; disuse of, Sec. 78.
Kansas, personal liberty laws in, Sec. 80, Sec. 82.
Kellogg, ----, joint resolution, C 19, C 20, C 21.
Kennedy case, Sec. 43, D 35.
Kentucky, resolutions, Sec. 23; petition of Legislature, Sec. 27; demands extradition of abettors of fugitives, Sec. 48; controversy with Ohio, D 37.
Kidnapping, suggests new fugitive slave law, Sec. 17; from 1793 to 1850, Sec. 25; in border States, Sec. 25; character of cases, Sec. 36; enlists sympathy, Sec. 71; regulations against, Sec. 99.
Kilgore, resolution, Sec. 87, C 11.
King, ----, on repeal bill, Sec. 102.
Kirk case, D 33.
Kline, Marshal, demands assistance, Sec. 60.
L'Amistad case, Sec. 24.
Latimer, George, case of, Sec. 44, D 28; effect, Sec. 81; daily journal, Sec. 44.
Leake, ----, joint resolution, C 9.
Le Screux, slave on, C 9.
Lewis case, D 54.
Lewis, Elijah, prosecution of, Sec. 60, D 49.
Liberator, kidnapping case in, Sec. 99. See Newspapers.
Liberty, love of, by slaves, Sec. 64.
Liberty Party, convention of, Sec. 58.
Libraries, use of, E 2.
Lincoln, President, preliminary proclamation, Sec. 92; final emancipation proclamation, Sec. 92.
List, counsel in Shadrach case, Sec. 57.
Loring, Ellis Gray, in Shadrach case, Sec. 57; Crafts taken to house of, Sec. 69.
Louisiana, escape of slaves from, Sec. 21.
Lovejoy, bills, Sec. 95, C 35, C 66; resolutions, C 29, C 44; amendment, C 38.
Madison, on fugitive slave clause, Sec. 15.
Maine, Governor of, refuses to surrender fugitives from justice, Sec. 47; personal liberty law in, Sec. 82.
Malbronne, Ensign de, loses servant, Sec. 11.
Mallory, ----, on Blair bill, Sec. 95; on repeal, Sec. 102.
Manhattan, escape to, Sec. 7, D 2.
Mansfield, Lord. See Somersett case.
Market women, on Underground Railroad, Sec. 75.
Maryland, regulations on fugitives, Sec. 2, Sec. 3; offers reward, Sec. 8; letter from, to New Netherlands, Sec. 11; fugitives escape from, Sec. 11; resolution, Sec. 21; resolutions debated, Sec. 21, B 18; offers reward for Thomas Garrett, Sec. 74; regulations against runaways, A 4, A 11, A 12, A 26, A 28, A 31, A 38, A 40.
Mason, of Massachusetts, on the fugitive slave bill, Sec. 20.
Mason, of Virginia, fugitive slave bill, Sec. 29, B 30; amendment, Sec. 29; argument, Sec. 31.
Massachusetts Bay, regulation against transportation of apprentices and servants, A 63; on the capture of servants in, A 2; regulation of free negroes, A 53.
Massachusetts Colony, first law as to fugitives, Sec. 4; in the New England Confederation, Sec. 8; emancipation in, Sec. 14; first fugitive slave case in, Sec. 34.
Massachusetts State, Governor of, advised, Sec. 81; personal liberty law, Sec. 79, Sec. 80, Sec. 81; no recovery of fugitives in, Sec. 85.
May, S. J., in "Jerry" case, Sec. 58.
McClernand, ----, C 9.
McHenry, "Jerry," case, Sec. 58, D 51.
McLanahan, ----, resolution, B 32.
Meade, ----, proposition, Sec. 27; resolution, B 29.
Meionaon, mass meetings in, Sec. 55.
Merrill, Amos B., in Latimer case, Sec. 44.
Mexico, as a place of refuge, Sec. 23.
Michigan, personal liberty laws in, Sec. 80, Sec. 82.
Miller, in kidnapping case, Sec. 61, D 50.
Miner, Jo, advertisement of, Sec. 96.
Minnesota, personal liberty law in, Sec. 80.
Missouri, admission of, Sec. 21; Anderson case in, Sec. 23; Governor of, offers reward for John Brown, Sec. 62.
Missouri Compromise, fugitive slave clause in, Sec. 21, B 16; period of, Sec. 21.
Mob, provisions against, Sec. 30.
Morgan, Margaret. See Prigg Case.
Morrill, ----, resolution, C 40.
Morris, cutter, in Burns case, Sec. 55.
Morris, ----, substitute reported, Sec. 101; on repeal bill, Sec. 102; resolution, C 3; joint resolution, C 16.
Morris, John B., demands a fugitive slave, Sec. 42.
"Moses." See Harriet Tubman.
Murray, ----, motion, Sec. 19.
Nalle case, D 64.
Nassau, fugitives in, Sec. 24.
Negroes, ignorance of, Sec. 67; regulation of, A 65; against escape of, A 78; petition of a soldier, Sec. 19; free, how affected, Sec. 20; regulation of, A 53. See also Fugitives.
New Amsterdam, escape of servants from, Sec. 7; trial at, Sec. 9. See also New Netherlands.
New England, regulations as to fugitives, Sec. 4.
New England Confederation, composition of, Sec. 8; articles of, A 8.
New Hampshire, legislation in, Sec. 4, A 61; personal liberty laws in, Sec. 80, Sec. 82.
New Haven, in the New England Confederation, Sec. 8.
New Jersey, regulations on fugitives, Sec. 3, A 32, A 39, A 42; sanctions rendition, Sec. 80; slaves, A 55; white servants, A 56.
New Netherlands, legislation in, Sec. 4; on fugitive slave cases, Sec. 11; regulations against runaways, A 1, A 3, A 5, A 10, A 14, A 19; Quakers, A 29; controversy with Hartford, D 1. See also Dutch Colonies.
New York, regulation on fugitives, Sec. 8, A 50, A 51, A 59; Governor of, in Solomon Northrup case, Sec. 38; refusal to return abettors of fugitives, Sec. 47; personal liberty laws, Sec. 80, Sec. 82, Sec. 83; slaves, A 49; prevention of insurrections, A 68; kidnapping in, Sec. 99.
Niblack, ----, resolution, C 7.
Nicholson, on committee, Sec. 19.
Norfolk, kidnapping cases in, Sec. 99, D 68.
Oberlin Case, Sec. 40, D 26.
Oberlin-Wellington, rescue, Sec. 59, D 62.
Officers, return of fugitives by army and navy, C 53.
Ohio, fugitives protected in, Sec. 21; refusal to return abettors of fugitives, Sec. 48; personal liberty law, Sec. 80, Sec. 82.
Olmsted, F. L., quoted, Sec. 65.
"Omnibus Bill," fugitive slave provision in, Sec. 29.
Ordinance of 1787, for the Northwest Territory, Sec. 14, Sec. 15; confirmed, Sec. 16.
Ottoman case, Sec. 45, D 34.
Parker, Theodore, speaks on Burns' case, Sec. 55; indicted for riot, Sec. 55; protects William and Lucy Crafts, Sec. 69.
Parker, William, in Christiana case, Sec. 60.
Pass, necessity of, Sec. 65.
Patrols, duty of, Sec. 65.
Patroons, runaways from, A 1.
Peace Convention, amendment, C 22.
Pearl, carries fugitives, Sec. 50.
Penalties for escape, Sec. 30; for violating personal liberty laws, Sec. 80.
Pennsylvania, emancipation in, Sec. 14; Governor of, in "John" case, Sec. 17; act of, reported, Sec. 21, B 17; fugitives abetted in, 24; personal liberty laws in, Sec. 80, Sec. 82; regulation of servants, A 48; regulation of negroes, A 65; harboring of fugitives, A 80; case in, D 46.
Pennsylvania Society for the Abolition of Slavery, efforts in behalf of "John," Sec. 17; petition of, Sec. 20; efforts of, Sec. 25.
Pensacola, Walker embarks from, Sec. 50.
Personal Liberty Laws, passed, Sec. 25; character of, Sec. 77; before the Prigg decision, Sec. 78; between the Prigg decision and the Second Fugitive Slave Law, Sec. 79; occasioned by the law of 1850, Sec. 80; change in character, Sec. 80; table of, Sec. 80; distribution among States, Sec. 80; report on, Sec. 81; effect of, Sec. 83, Sec. 105; constitutionality of, Sec. 83; obstruction by, Sec. 85; repeal urged, Sec. 85; resolution against, Sec. 86; Saulsbury substitute on, C 81.
Petition of North Carolina negroes, Sec. 19; of free negroes, Sec. 19; of a free colored soldier, Sec. 19; of the Pennsylvania Abolition Society Sec. 20; from the Kentucky Legislature, Sec. 27; to remove jailer and sheriff in Latimer case, Sec. 44; for an amendment to the Constitution, Sec. 44; for a new personal liberty law, Sec. 81.
Philadelphia, constitutional convention sits in, Sec. 15; attempted rescue in, Sec. 43, D 22.
Phillips, Wendell, speeches on Latimer case, Sec. 44; addresses mass meeting, Sec. 55; speaks on Burns' case, Sec. 55; indicted for riot, Sec. 55.
Pierce, Franklin, President, sends executive message, Sec. 57; issues proclamation, Sec. 57.
Pindall, on revision of the fugitive slave act, Sec. 20; made chairman of committee, Sec. 20; amendatory bill, B 10.
Pine Grove Plantation, probable refuge, Sec. 66.
Pinckney, Gen. C. C., on the fugitive slave clause, Sec. 15.
Plymouth, in the New England Confederation, Sec. 8.
Pomeroy, ----, on confiscation bill, Sec. 91.
Porter, ----, amendment, C 67.
Potter, R. J., advertisement by, Sec. 96.
Powell, ----, on District of Columbia jail, Sec. 97; joint resolution, C 28; amendment, C 51.
Pratt, ----, amendment, B 30.
Priggs vs. Pennsylvania case, Sec. 25, D 18; consequences of, Sec. 76; extracts from, B 22.
Proclamation, by West India Company, Sec. 11; on Shadrach case, Sec. 57; emancipation, Sec. 91.
Prosecutions, carried on, Sec. 49; after "Jerry" rescue, Sec. 58; of Oberlin-Wellington rescuers, Sec. 59; of Wendell Phillips, Sec. 55.
Protection papers, use of, Sec. 68.
Pugh, George H., joint resolution, C 26.
Purrington, brig William, D 39.
Purvis, Robert, connection with Underground Railroad, Sec. 75.
Quakers, arrange station on the Underground Railroad, Sec. 71; fugitives hidden by, Sec. 72; refused admision to New Netherlands, A 29.
Quincy, Josiah, account of first fugitive slave case in the North, Sec. 34, D 12.
Raids, upon plantations, Sec. 66.
Rantoul, Robert, Jr., in Sims case, Sec. 54.
Read, ----, on committee, Sec. 17.
Redemptioners, described, Sec. 1; cases of, Sec. 1; case of running away with negroes, Sec. 3.
Refuge, place of, Sec. 66.
Rendition, a duty, Sec. 8. See also Fugitives.
Rescue, first case of, Sec. 34.
Resolution, by Maryland Legislature, Sec. 21; on relations with Canada, Sec. 23; Kentucky, Sec. 23; on fugitives on the high seas, Sec. 24; Giddings, Sec. 28; against the return of Latimer, Sec. 44; to base representation on free persons, Sec. 44; Georgia Legislature, Sec. 47; on arrests by army officers, Sec. 95; Fitch, B 35; Jackson, B 36; Hillyer, B 37; Chase, B 38; Cochrane's joint, C 2; Morris, C 3; Leake, C 4; Cox, C 5; Stevenson, C 6; Niblack, C 7; English joint, C 8; McClernand joint, C 9; Hindman, C 10; Kilgore, C 11; Johnson's joint, C 12, C 27; Crittenden's joint, C 13; Douglas's joint, C 14; Florence, C 15, C 18; Morris's joint, C 16; Kellogg's joint, C 19, C 20, C 21; Clarence's joint, C 23; Crittenden's joint, C 24; Pugh's joint, C 26; Powell's joint, C 28; Lovejoy's, C 29; Wilson's, C 32, C 33, C 47, C 55, C 61; Clark, C 34; Sumner, C 36; Fessenden, C 38; Bingham, C 39; Morrill's confiscation joint, C 40; Hale, C 41; Sumner, C 43, C 74; Lovejoy, C 44; Julian, C 45; Shank, C 46; Colfax, C 77; Hubbard's repeal, C 83.
Revolution, did not change condition of slave, Sec. 14.
Reward, offered by Missouri, Sec. 62; by United States, Sec. 62; by colonies, Sec. 8.
Rhode Island legislation, Sec. 4; emancipation, Sec. 14; personal liberty law, Sec. 79, Sec. 80, Sec. 82; regulation of ferries in, A 57.
Rice, ----, amendment, C 53.
Rice, John, kidnapped, Sec. 59.
Rich, on the fugitive slave bill, Sec. 20.
Riker, Richard, in Jones case, Sec. 37.
Riley, ----, United States commissioner, Sec. 57.
Rotch, aids escape, Sec. 5.
Runaways, regulations against, Sec. 6, Sec. 8; easily regulated, Sec. 8; the habitual, Sec. 66; methods pursued, Sec. 67; harboring upon a ship, Sec. 67; regulations against, A 1, A 3, A 4, A 7, A 17, A 24, A 25, A 27, A 31, A 33, A 40, A 52, A 61, A 67; entertainment of, A 10, A 16, A 29, A 37, A 73; second offence, how punished, A 13; hue and cry after, A 18; from the Dutch, A 21; apprehension of, A 22; English, A 23; in Glocester, A 24; apprehension of, A 35, A 38; capture rewarded, A 37; prevention of, A 42; to Canada, A 50; trade with, inhibited, A 47; against ferriage of, A 57, A 74; minor, A 61; pursuit of, A 79.
Russia, Emperor of, arbitration by, Sec. 22.
Saulsbury, amendments, C 51, C 53, C 58, C 70, C 81, C 83.
Savannah Georgian, advertisement in, Sec. 66.
Secrecy, observed by fugitives, Sec. 75.
Sedgwick, ----, on committee, Sec. 17.
Seizure, of North Carolina negroes, Sec. 19. See also Arrest, Kidnapping Cases.
Seminoles, steal slaves, Sec. 22; trouble, Sec. 23; United States claims on, B 19.
Sergeant, ----, on the fugitive slave bill, Sec. 20.
Servants, English, A 25, A 28; an act concerning, A 60; regulation of, A 56, A 70, A 71; fugitive, A 9, A 19, A 21, A 32, A 39, A 41, A 45, A 67, A 78; how to know a, A 20. See also Fugitives, Runaways.
Sewall, Samuel E., counsels fugitives, Sec. 44, Sec. 57.
Seward, W. H., amendments, Sec. 29, B 30.
Shadrach, case, Sec. 57; personal liberty laws tested, Sec. 81; Clay's resolution on, B 33; case, D 48.
Shank, ----, resolution, C 46.
Shanley vs. Haney case, D 8.
Shaw, Chief Justice, in Latimer case, Sec. 44.
Shell, O. P., advertises a runaway, Sec. 65.
Sheriff, power of, Sec. 30.
Sherman, John, amendments, Sec. 103, C 82.
Sherman, Roger, on the fugitive slave clause, Sec. 15; on committee, Sec. 17.
Sherwood, Major, case of servant of, Sec. 94, D 67.
Ship, refuge for runaways, Sec. 67; slave on Brazilian, D 36.
Ship-masters, Dutch, rewarded, A 21.
Sims, Thomas M., case, Sec. 54; brigade, Sec. 54; court-house used as jail, Sec. 81; case, D 47.
Slaves, conditions of life, Sec. 65; Mother's Farewell, extract from, Sec. 64; stealing of, A 77; abolition of trade in, Sec. 20; status of, in England, Sec. 22; question of damages, Sec. 30; must wear livery, Sec. 65; new conditions surround, Sec. 88; regulation of, A 49, A 54, A 55, A 60, A 64, A 67, A 70, A 71, A 72; extradition of, B 21; status on the high seas, B 20, B 23; of the Dutch, escape to the English, Sec. 8; escape to the forest, Sec. 8; of rebels, resolutions on, Sec. 88; bill to free, C 52.
Slaveholder, demand for legislation, Sec. 15; basis of, argued, Sec. 16; complaints of, Sec. 19.
Slave-hunters, how received, Sec. 72; insurrections to prevent, A 68.
Slavery, condition in the colonies, Sec. 11; interests advanced, Sec. 16; justification of, Sec. 16; extinction of, Sec. 33; attacked in Congress, Sec. 89; abolition in the District of Columbia, Sec. 98, C 62, C 65; studies of the institution of, E 3; studies of colonial, E 3; speeches upon, E 8.
Smith, ----, on fugitive slave law, Sec. 20.
Smith, Gerrit, in Anderson case, Sec. 23; in "Jerry" rescue, Sec. 58.
Smithburg case, D 32.
Society for the Abolition of Slavery. See Pennsylvania.
Somersett case, Sec. 12, D 9.
Soule, ----, on the fugitive slave bill, Sec. 31.
South Bend Case, D 38.
South Carolina, regulations on fugitives, Sec. 2, Sec. 3; difficulty in recovering fugitives, Sec. 8; constitutional convention in, Sec. 15; regulations against runaways, A 43, A 47, A 58, A 62, A 64; regulation of slaves, A 54, A 64, A 69, A 77.
Southern States, complain of Underground Railroad, Sec. 76.
Spalding, ----, repeal bill, Sec. 101, C 80.
Spanish colonies, interval of unpopulated country south, Sec. 1.
Sprague, E., 55.
State Jails. See Jails.
State Officers, power discussed, Sec. 19, Sec. 20; forfeiture of office, Sec. 81; forbidden to act, Sec. 79, 81.
St. Augustine, escapes to, Sec. 8.
St. Luc, Sieur de la Corne, negro servant of, 11.
Staunton, General, in Sherwood case, Sec. 94.
Stevens, ----, repeal bill, Sec. 101, C 80; motion of, B 30.
Stevenson, ----, resolution, C 6.
Stewart, ----. See Somersett Case.
Story, Justice, decision in Prigg case, Sec. 25.
Stuyvesant, Governor, in fugitive slave case, Sec. 11.
Sumner, Charles, in Drayton case, Sec. 50; resolutions, Sec. 95; repeal bills, Sec. 101, Sec. 102, C 80; resolutions, C 36, C 43, C 74; amendment, C 57.
Suttle, Charles F., in Burns case, Sec. 55.
Swain, John, suit for slave, Sec. 5.
Swamps, as a refuge, Sec. 66.
Swan, Captain, in Wisdom case, Sec. 94.
Swedish colonies, along the coast, Sec. 1; regulations on fugitives, Sec. 2.
Syracuse, "Jerry" rescue in, Sec. 58.
Taylor, ----, on committee, Sec. 17.
Ten Eyck, ----, amendment, C 51; report of, C 80.
Thomas case, D 30.
Thompson, ----, case, D 27.
Treaty, of Hartford, fugitive slave clause in, A 14; of 1783, B 2; with Indian tribes, Sec. 13, Sec. 16, Sec. 17, Sec. 22, B 1, B 3, B 5, B 8, B 11, B 12, B 19; of Ghent, Sec. 22, B 12; proposed with Great Britain, Sec. 23.
Tremont Temple, mass meetings in, Sec. 54.
Trial, by jury, not admitted, in first act, Sec. 19; objected to, Sec. 20; denied, Sec. 30; proposed, Sec. 87; resolution demanding, C 77.
Trumbull, confiscation bill, Sec. 91, C 30, C 37; bill, C 52; amendments, C 31, C 57, C 78.
Tubman, Harriet, account of, Sec. 73.
Tukey, Marshal, in Sims case, Sec. 54.
Turc, escape of, Sec. 9.
Underground Railroad, beginnings of, Sec. 25; how regarded by the South, Sec. 31; methods south of the Ohio, Sec. 56; use of, by John Brown, Sec. 62; incident at, Sec. 64; description of, Sec. 70; rise and growth, Sec. 71; stations on, described, Sec. 72; methods pursued, Sec. 72; extent of system, Sec. 71; origin of name, Sec. 71; in the South, Sec. 72; in the North, Sec. 72; colored agents on, Sec. 72, Sec. 73; prosecution of agents, Sec. 74; formal organization, Sec. 75; market women as helpers, Sec. 75.
Underwood, ----, amendment, B 30.
United Colonies, treaty with New Netherlands, A 14.
United States, reward offered for John Brown, Sec. 62; in Seminole trouble, Sec. 22; in Anderson case, Sec. 23. See also Acts, Bills, Fugitives, Resolutions, Runaways.
United States Hotel, slave hunters at, Sec. 69.
Vallandigham, C. L., amendment, C 25.
Van Zandt, aids fugitive, Sec. 50, D 25.
Vermont, personal liberty laws in, Sec. 79, Sec. 80, Sec. 82.
Vigilance committee organized, Sec. 41; in "Jerry" rescue, Sec. 58.
Villeinage, ceased in England, Sec. 12.
Virginia, regulations on fugitives, Sec. 3; rewards the recovery of a fugitive, Sec. 8; slaves escape, Sec. 8; constitutional convention in, Sec. 15; Governor of, action in "John" case, Sec. 17; demands arrest of abettors of a fugitive, Sec. 47; regulation against the entertainment of fugitives, A 6; regulations against runaways, A 7, A 13, A 16, A 17, A 18, A 20, A 22, A 25, A 27, A 30, A 33, A 35, A 37, A 52; reward for the capture of runaways, A 21, A 36; on English runaways, A 22; in county of Glocester, A 24; repeal law, A 44; amends law, A 48; amended, A 66; against ferriage of runaways, A 74.
Walker, Jonathan, aids fugitives, Sec. 50, D 31.
Walton, ----, amendment, C 67, C 74.
Washington, President, asks for the return of a fugitive, Sec. 35, D 13.
Washington case, Sec. 39, D 42.
Washington, jail, resolutions on, C 32, C 34, C 38, C 39, C 55. See also Jail.
Webster, Daniel, in Creole case, Sec. 24; introduces bill, B 30.
Wellington. See Oberlin-Wellington.
West India Company, regulation of, Sec. 2; execution of regulation Sec. 7; ordinance of, A 1.
Whipping, motive for flight, Sec. 64.
Whipple, ----, in kidnapping case, Sec. 35.
White, ----, on committee, Sec. 17.
White slaves. See Redemptioners, Servants.
Whitman, ----, on the fugitive slave bill Sec. 19, Sec. 20.
Williams case, D 17.
Williamson case, D 59.
Wilkins, Frederick. See Shadrach.
Wilson, ----, on Butler's proposition, Sec. 15.
Wilson, Henry, on confiscation, Sec. 90; bills, Sec. 98, C 42, C 48, C 54, C 56; resolutions, Sec. 95, Sec. 97, C 32, C 33, C 47, C 55, C 61; amendment, C 71.
Winthrop, ----, amendment, B 30.
Winthrop, Governor John, in fugitive slave case, Sec. 11.
Wisconsin, personal liberty laws in, Sec. 80, Sec. 82; Supreme Court decision, D 85.
Wisdom case, Sec. 94, D 66.
Woodbridge resolutions, Sec. 23, B 21.
Woods, as a refuge, Sec. 1, Sec. 66.
Wright, ----, presents Maryland Resolution, Sec. 21.
Writ, of habeas corpus, in Somersett case, Sec. 12; allowed, Sec. 20; advisability of, Sec. 19, Sec. 20; refused, Sec. 23; issued, Sec. 42; of personal replevin, sworn out, Sec. 44.
Yulee, on the fugitive slave law, Sec. 31.
[Transcriber's note: _Underscores_ indicate text in _italic_ font; =equal= signs indicate =bold= font. Original spelling varieties have been maintained; footnotes were renumbered. The index was changed to refer to section numbers instead of page numbers. Abbreviations and references changed for clarity: Sec. 11.: o'selves--> we could not promise ourselves from you; w'ch--> which are shortly like to be nearer neighbors; O'tres--> vpon the receiving of these Outres; p'ties--> the demand of the parties interessted; p'sons--> compell such other persons. Sec. 29., Footnotes 158, 159: "Appendix B, Nos. 68., 83., 84." not found; see Appendix B, No. 30.--"Sec. 84" not listed in the original.--Sec. 101., Footnote 366: "Appendix C, Nos. 104, 106." not found; see Appendix C, No. 80. Sec. 103., Footnote 384: "Appendix C, No. 116." not found; see Appendix C, No. 83. Appendix A, No. 9.: appr'ntices--> apprentices; w'th--> with; fr'o--> from; pr'euenting--> preuenting. Appendix A, 31.: ag't--> against; Satisfacc'on--> Satisfaccion; reparac'on--> reparacion; Lord Prop'ry--> Lord Proprietary; publicac'on--> publicacion; Informac'on--> Informacion. Appendix A, No. 66.: goalers--> Fees of the gaolers given. Appendix C, No. 80: "See No. 84" not found, linked to No. 83. Appendix E, No. 9.: reminscences--> the reminiscences of participants.]
End of Project Gutenberg's Fugitive Slaves, by Marion Gleason McDougall