A History of the Trial of Castner Hanway and Others, for Treason, at Philadelphia in November, 1851: With an Introduction upon the History of the Slave QuestionMember of the Philadelphia bar
History
A History of the Trial of Castner Hanway and Others, for Treason, at Philadelphia in November, 1851: With an Introduction upon the History of the Slave Question
Member of the Philadelphia bar
Fugitive slaves -- Legal status, laws, etc. -- United States; Hanway, Castner, 1821-1893 -- Trials, litigation, etc.; Riots -- Pennsylvania -- Christiana; Trials (Treason) -- Pennsylvania -- Philadelphia; United States -- Fugitive slave law (1850)
But, during the second session of the Second Congress, the highly
important act was quietly passed, which from that time till 1850
regulated the return of fugitives from justice and labor. The Governor
of Virginia, acting under the advice of counsel, had refused to deliver
up a fugitive criminal to the Executive of Pennsylvania, conceiving
that the provision in the Constitution did not sufficiently define
the manner in which this duty was to be complied with. The matter had
been submitted to President Washington, who made it the subject of
a special message to the Senate, whereupon an Act providing for the
practical enforcement of both Constitutional provisions, was shortly
after proposed and passed. With regard to fugitives from labor, it
enacted that the owner, or his agent, might seize such fugitive, take
him before a United States Judge, or any magistrate of the city, town,
or county, where the arrest was made, prove to his satisfaction, by
evidence written or oral, that the claim was a just one, and, having
obtained his certificate to that effect, carry him back as his slave,
without any further proceedings whatever.
The Bill became a law, with little or no opposition in either House,
attracting scarce any public attention either in the North or South.
From this time till the year 1807, the history of the subject may be
very briefly summed up. Petitions were from time to time received,
complaining of the hardships suffered by emancipated negroes in some
of the southern States, and praying the interference of Congress to
mitigate the horrors of the slave trade. They gave birth to the usual
amount of declamation, were in some cases referred to committees, in
others either rejected, censured, or suffered to sleep on the table.
The two parties of Federalists and Democrats, into which the nation
was divided had long before this, become distinctly marked, every
question which was broached assumed more and more a political aspect,
and as the power of the Federalists hurried to its fall, the tendency
grew constantly stronger in both, to make almost any sacrifice or
concession, to win over southern votes. Hence the triumphs of the
friends of emancipation were pretty evenly balanced by their losses.
Slavery was rapidly disappearing from the northern States and the
attempt repeatedly made to introduce it into the territory of Indiana,
was as often defeated. But on the other hand South Carolina, after
a long interval, again opened her ports to African slavers, and all
attempts failed to impose the Constitutional tax upon the importation;
while the purchase of Louisiana and the organization of Mississippi,
gave additional strength to the South, though the danger of flooding
them with slaves through the open ports of South Carolina was in some
measure obviated by a special provision which closed these newly
acquired territories against any of the recent arrivals.
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