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
=§ 22. Status of the question from 1823 to 1847.=--Although no amendment
could be procured to the act of 1793, the government of the United States
had repeatedly, by diplomatic demands and treaties, undertaken to recover
fugitives, or their value, for Southern owners. The first Indian treaty
negotiated under the Constitution, that of April 7, 1790, with the
Creeks, required the return of negroes held as prisoners of war.[119] A
similar clause appeared in the treaty made in 1814, at the end of the war
with the Creeks, a war which had been provoked in part by their ready
reception of fugitives.[120] In 1832 the government went so far as to
promise to expend seven thousand dollars in paying for "slaves and other
property alleged to have been stolen" by the Seminoles.[121]
With Great Britain, also, the encouragement of fugitives became a subject
for negotiation. Much bitterness had been felt at the carrying away by
the British, in 1783, of slaves who had taken refuge with them.[122] In
the treaty of Ghent, therefore, a strict clause forbade the carrying away
by the British of "any slaves or other private property."[123] A large
number of slaves had, during the war, been received on board British
vessels, and the humane but specious plea was set up by the British
government that the clause applied only to slaves received after the date
of the peace. A convention of 1818 submitted the question to the Emperor
of Russia, who in 1822 made a decision not wholly favorable to either
party; and in 1826,[124] by a second convention, Great Britain agreed to
pay $1,204,960. This last award was obtained by a Pennsylvanian,
Gallatin, acting under the direction of President John Quincy Adams, a
citizen of Massachusetts.
[Sidenote: Canada and Mexico Places of Refuge.]
=§ 23. Canada and Mexico places of refuge.=--The existence on the
northern and southwestern frontiers of regions in which slavery was
practically, if not yet legally, extinct, brought about another set of
complications. January 24, 1821, a resolution was presented in Congress
from the General Assembly of Kentucky, protesting against the kindly
reception of fugitives in Canada, and asking for negotiation with Great
Britain on the subject.[125] In 1826, Mr. Clay, Secretary of State,
instructed Mr. Gallatin, United States Minister at the Court of St.
James, to propose the "mutual surrender of all persons held to service or
labor under the laws of either country who escape into the territory of
the other." The British government replied that any such agreement was
impossible, and, though a second attempt was made by the United States,
it was without success.[126]
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