American Eloquence, Volume 2: Studies In American Political History (1896)
History
American Eloquence, Volume 2: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
The indifference thus far attending this subject still continued. The
earliest Act of Congress, passed in 1793, drew little attention. It was
not suggested originally by any difficulty or anxiety touching fugitives
from service, nor is there any contemporary record, in debate or
otherwise, showing that any special importance was attached to its
provisions in this regard. The attention of Congress was directed to
fugitives from justice, and, with little deliberation, it undertook, in
the same bill, to provide for both cases. In this accidental manner was
legislation on this subject first attempted.
There is no evidence that fugitives were often seized under this Act.
From a competent inquirer we learn that twenty-six years elapsed before
it was successfully enforced in any Free State. It is certain, that, in
a case at Boston, towards the close of the last century, illustrated
by Josiah Quincy as counsel, the crowd about the magistrate, at the
examination, quietly and spontaneously opened a way for the fugitive,
and thus the Act failed to be executed. It is also certain, that, in
Vermont, at the beginning of the century, a Judge of the Supreme Court
of the State, on application for the surrender of an alleged slave,
accompanied by documentary evidence, gloriously refused compliance,
unless the master could show a Bill of Sale from the Almighty. Even
these cases passed without public comment.
In 1801 the subject was introduced in the House of Representatives by
an effort for another Act, which, on consideration, was rejected. At
a later day, in 1817-18, though still disregarded by the country, it
seemed to excite a short-lived interest in Congress. In the House of
Representatives, on motion of Mr. Pindall, of Virginia, a committee was
appointed to inquire into the expediency of "providing more effectually
by law for reclaiming servants and slaves escaping from one State into
an-other," and a bill reported by them to amend the Act of 1793, after
consideration for several days in Committee of the Whole, was passed.
In the Senate, after much attention and warm debate, it passed with
amendments. But on return to the House for adoption of the amendments,
it was dropped. This effort, which, in the discussions of this subject,
has been thus far unnoticed, is chiefly remarkable as the earliest
recorded evidence of the unwarrantable assertion, now so common, that
this provision was originally of vital importance to the peace and
harmony of the country.
Public-domain text, read in full here on John Shaqi.
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