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
=§ 18. Discussion of the first act.=--The provisions of the act of 1793
are quoted elsewhere;[77] their purport was as follows. The act provided
at the same time for the recovery of fugitives from justice and from
labor; but the alleged criminal was to have a protection through the
requirement of a requisition, a protection denied to the man on trial for
his liberty only. The act was applicable to fugitive apprentices as well
as to slaves, a provision of some importance at the time. In the
Northwest Territory there were so-called negro apprentices, who were
virtually slaves, and to whom the law applied, since it was in terms
extended to all the Territories. Proceedings began with the forcible
seizure of the alleged fugitive.
The act, it will be observed, does not admit a trial by jury. It allowed
the owner of the slave, his agent or attorney, to seize the fugitive and
take him before any judge of a United States Circuit or District Court,
or any local magistrate.[78] The only requirement for the conviction of
the slave was the testimony of his master, or the affidavit of some
magistrate in the State from which he came, certifying that such a person
had escaped. Hindering arrest or harboring a slave was punishable by a
fine of five hundred dollars. The law thus established a system allowing
the greatest harshness to the slave and every favor to the master. Even
at that time, when persons might still be born slaves in New York and New
Jersey, and gradual emancipation had not yet taken full effect in Rhode
Island and Connecticut, it was repellent to the popular sense of justice;
there were two cases of resistance to the principle of the act before the
close of 1793.[79]
[Sidenote: Propositions of 1797 and 1802.]
=§ 19. Propositions of 1797 and 1802.=--Until 1850 no further law upon
this subject was passed, but as the provisions of 1793 were found
ineffectual, many attempts at amendment were made. In 1796 a troublesome
question arose out of the seizure, under the act of 1793, of four negroes
who had been manumitted in North Carolina. A retroactive act of that
State had declared them slaves again, and they had fled to Philadelphia
where they were arrested. January 30, 1797, they petitioned Congress for
relief, and after an exciting debate the House by a vote of 50 to 33
refused to receive the petition.[80] There is nothing in the scanty
records which connects this case or petition with an attempt to amend the
act; but it is altogether likely that it occasioned Murray's motion of
December 29, 1796, for a committee to report on alterations of the
law;[81] and that it led to the almost simultaneous appointment of a
House committee on January 2,[82] and a Senate committee on January
3.[83] No report is recorded.
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