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
Upon two constitutional points the opponents of the bill made a stand.
Mr. Sergeant wished to change the bill materially, by making "the judges
of the State in which ... slaves are seized the tribunal to decide the
fact of slavery, instead of the judges of the State whence the fugitives
escaped," but this was negatived by a large majority.[100]
Another objection to the bill, raised by Mr. Whitman, is noteworthy,
since some years later it was the point made most prominent in Judge
Story's decision in the Prigg Case.[101] Mr. Whitman disapproved of the
provision making it a penal offence for a State officer to refuse his
assistance in executing the act. He did not believe that Congress had any
right to compel State officers to perform this duty; they could do no
more than authorize it.[102]
A vote was taken, January 30, 1818, in the House, and the bill passed by
a vote of 84 to 69.[103] It was ordered that the title be "An Act to
provide for delivering up persons held to labor or service in any of the
States or Territories who shall escape into any other State or
Territory."
For the first time since 1793, amendment of the act seemed within reach.
The Senate showed itself in other questions more inclined than the House
to consider the claims of the South; but although Dagget's amendment to
strike out the elaborate provision for the return of fugitives by
executive requisition was not adopted,[104] the Senate first voted to
limit the bill to four years,[105] and then added other amendments. The
result was a non-concurrence with the House, and the failure of the
bill,[106] March 13-16, 1818. A last attempt to take the bill up failed,
April 10, 1818.[107]
[Sidenote: Period of the Missouri Compromise.]
=§ 21. Period of the Missouri Compromise (1819-1822).=--The loss of the
bill of 1818 seems not to have discouraged the friends of amendment of
the act of 1793. December 17, 1818, a resolution of the Maryland
legislature was laid before the House, calling for protection against the
citizens of Pennsylvania who harbored or protected fugitives.[108] A
committee was appointed, January 15, 1819, which promptly reported next
day, but the bill was not considered.[109]
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account