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
=§ 20. Propositions from 1817 to 1822.=--For many years the question of
amendment of the law does not appear to have come up in Congress. The
abolition of the slave trade seems to have absorbed the attention of
Congress. Several treaties were negotiated including clauses on the
return of fugitives.[91] The question was brought up again in 1817 by
Pindall of Virginia, who for several years urged a revision of the act. A
committee of which he was chairman was appointed, December 15, 1817, and
reported a bill, December 29, 1817.[92] This third proposition of general
amendment led to a debate, January 26 and 29, 1818, in which for the
first time we have a record of discussion on the principles of the act
and its relations to human freedom. The opposition was based not only on
constitutional, but on humanitarian grounds.[93] A petition of the
Pennsylvania Abolition Society, asking for a milder law than that of
1793, added fuel to the discussion.[94]
The principle of the bill was that the fugitives should be surrendered by
a requisition on the State Executive, as in the case of fugitives from
justice: the question of proof was thus left to the courts of the State
of the claimant, and there was to be no habeas corpus. The strongest
expression of disapproval is found in the speech of Mr. Adams of
Massachusetts, who said, "that, in guaranteeing the possession of slaves,
the Constitution did not authorize or require the General Government to
go as far as the bill proposed to render this bill effectual; that the
bill contained provisions dangerous to the liberty and safety of the free
people of color in other sections of the Union."[95] Mr. Rich of Vermont
desired "that it might be so amended as to guard more effectually the
rights of free persons of color. This motion he enforced by urging the
oppressions to which these persons were now subjected, and the necessity
of some regulation on the subject, which he thought might be very
properly connected with this bill."[96] Mr. Livermore also showed that it
exposed the colored men of the North to the peril of being dragged South,
and there convicted.[97]
All these objections, however, were considered of little value by some
who, like Smith of Maryland, thought that the subject of the free colored
population and their protection should be treated separately, while Mr.
Holmes of Massachusetts suggested that the operation of the writ of
habeas corpus would render such acts of injustice improbable.[98] Mason,
of the same State, objected to a trial by jury, which had been suggested,
because "juries in Massachusetts would in ninety-nine cases out of one
hundred decide in favor of the fugitives, and he did not wish his town
[Boston] infected with the runaways of the South."[99]
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