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
=§ 14. Ordinance for the Northwest Territory.=--Since all the thirteen
colonies recognized slavery, the Revolution made no difference in any
previous intercolonial practice as to the delivery of slaves; in framing
the Articles of Confederation no clause on the subject was thought
necessary. The precedent of the New England Confederation was forgotten
or ignored. But the action of the States of Vermont, Pennsylvania,
Massachusetts, Connecticut, and Rhode Island, in taking steps toward
immediate or gradual emancipation, from 1777 to 1784, brought up a new
question,--the status of fugitives in free regions. Before the change of
conditions in the States was completely understood, the same question had
arisen in the Western territories. Jefferson, in 1784, proposed to draw a
north and south line through the mouth of the Kanawha, west of which
there should be no slavery after 1800.[48] The next year a Northern man
proposed a similar limitation in the territory north of the Ohio, and
added a clause for the return of fugitive slaves to the original slave
States.[49] Neither of these two propositions was carried, but the
principles both of exclusion of slavery and of the return of fugitives
appear in the Northwest Ordinance of 1787, the first legislation by
Congress looking toward the surrender of fugitives by any Territory or
State. In providing a government for the new Territory, it was enacted,
July 13, 1787, 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 as aforesaid."[50] The fugitive clause seems
to have provoked no discussion, but to have been accepted as a reasonable
condition of the limitation of slavery.
[Sidenote: Fugitive Question in Constitutional Conventions.]
=§ 15. The Fugitive question in the Constitutional Conventions.=--While
the Northwest Ordinance was passing through Congress, the Philadelphia
Convention was framing a new Constitution, and the return of fugitives
was again eagerly insisted upon by the slave States. The necessity of
some positive stipulation that fugitives should be returned was felt to
be even more necessary in a Constitution meant permanently to bind
together a free and a slaveholding section. The only debate of which we
have a record occurred August 28, 1787. Mr. Butler of North Carolina
pressed the point in behalf of the Southern States. To his first
proposition, "that fugitive slaves and servants be delivered up like
criminals,"[51] Mr. Wilson objected; he saw no reason for obliging the
state to arrest fugitives at public expense, while Mr. Sherman saw no
more propriety in the public seizing and surrendering a slave or servant
than a horse.[52] Mr. Butler therefore withdrew the proposition. He soon
introduced a more particular provision, which was accepted and inserted
in the Constitution, as follows:--
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