Fugitive Slaves (1619-1865)McDougall, Marion Gleason
History
Fugitive Slaves (1619-1865)
McDougall, Marion Gleason
Fugitive slaves -- United States; Slavery -- Law and legislation -- United States
=§ 8. Intercolonial regulations.=--It will be seen that most of the
colonies considered some provision against runaways necessary to the
welfare of the settlements. To secure such legislation in a single colony
was a comparatively easy matter; but the unorganized and sparsely settled
condition of the country rendered any intercolonial regulations
difficult.
The first formal agreement of this kind was arranged by the New England
Confederation of Plymouth, Massachusetts, Connecticut, and New Haven, in
1643. In their Articles of Confederation was a clause which promised: "If
any servant runn away from his master into any other of these
confederated Jurisdiccons, That in such Case vpon the Certyficate of one
Majistrate in the Jurisdiccon out of which the said servant fled, or upon
other due proofe, the said servant shall be deliuered either to his
Master or any other that pursues and brings such Certificate or
proofe."[24] This clause contains the earliest statement of the
principles regarding the treatment of fugitive slave cases, afterward
carried out in the United States statutes of 1787, 1793, and 1850. There
was no trial by jury, but the certificate of a magistrate was sufficient
evidence to convict the runaway.
It is probable, also, that the rendition of fugitives was considered a
duty incumbent upon all colonies, whatever their relation to each other,
since about this time we find an agreement made for the mutual surrender
of fugitives between the Dutch at New Netherlands and the English at New
Haven.[25]
Not only did the slaves of the Dutch escape to the English colonies, but
they often fled to the forests, where recovery must have been almost
impossible unless the Indians could be induced to hunt them out. Curious
rewards were sometimes offered. Maryland, in 1669, ordered that any
Indian who shall apprehend a fugitive may have a "match coate," or its
value.[26] Virginia would give "20 armes length of Roanoke," or its
value,[27] while in Connecticut "two yards of cloth" was considered
sufficient inducement.[28] We have record of several conferences upon
this subject. Governor Burnett of New York asked his Indians to exert
themselves in behalf of the Governor of Virginia, who had written to him
about the escape of several of his negro servants to the mountains. The
Indians promised their help in this and any other search; but as they
seldom seem to have succeeded, it is probable that their sympathy was
with the fugitives.[29] Again Governor Burnett demanded the restoration
of a certain Indian slave whom they had kidnapped from the English. The
Indians acknowledged the fact, but they said that he was then sold to
others, and nothing further could be done.[30]
Public-domain text, read in full here on John Shaqi.
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