Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The provision, showing itself thus tardily, and so slightly regarded in
the National Convention, was neglected in much of the contemporaneous
discussion before the people. In the Conventions of South Carolina,
North Carolina, and Virginia, it was commended as securing important
rights, though on this point there was difference of opinion. In
the Virginia Convention, an eminent character, Mr. George Mason,
with others, expressly declared that there was "no security of
property coming within this section." In the other Conventions it was
disregarded. Massachusetts, while exhibiting peculiar sensitiveness at
any responsibility for Slavery, seemed to view it with unconcern. One
of her leading statesmen, General Heath, in the debates of the State
Convention, strenuously asserted, that, in ratifying the Constitution,
the people of Massachusetts "would do nothing to hold the blacks in
slavery." "The Federalist,"[163] in its classification of the powers
of Congress, describes and groups a large number as "those which
provide for the harmony and proper intercourse among the States," and
therein speaks of the power over public records, standing next in the
Constitution to the provision concerning fugitives from service; but
it fails to recognize the latter among the means of promoting "harmony
and proper intercourse"; nor does its triumvirate of authors anywhere
allude to the provision.
[163] No. 42.
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.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account