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
In none of these three cases were the negroes restored; but in 1840 the
British government paid an indemnity for the first two cargoes, on the
ground that at the time of the wrecks slavery had not yet been completely
extinguished in the colonies.[136] No indemnity was allowed in the
Enterprise case, and the British government declared that it could assume
no responsibility in cases arising since the abolition of slavery.[137]
Elaborate resolutions introduced by Calhoun, March 4, 1840, and passed,
April 15, by a unanimous vote of the Senate, condemned the British
principle.[138] But when, in the next year, the slaves on board the
American ship Creole rose and by force carried her into Nassau,[139] the
British government refused to return them either as slaves or as
murderers.[140] Webster, as Secretary of State, strenuously urged the
surrender. In 1853, an arbitrator decided that an indemnity must be paid
to the American government.[141] On the other hand, when, in 1839, a
Spanish vessel, L'Amistad, in which the slaves on board had revolted and
killed their master, was brought into an American port, the Supreme Court
refused to permit their surrender, on the ground that they were free by
Spanish law, and therefore could not be tried for murder.[142]
[Sidenote: Kidnapping from 1793-1850. Prigg Case.]
=§ 25. Kidnapping from 1793 to 1850: Prigg case.=--Since slavery was now
extinct in the more northern States, their population contained many free
negroes. Upon them the eyes of the slave trader were often turned, as
easy prey under the law of 1793, and many cases of kidnapping occurred.
It was such instances, involving as they did the most manifest injustice
and cruelty, that first aroused the sympathies of the people.[143] The
border States like Pennsylvania were often the scene of these acts. The
neighboring white families first began to try to protect the negroes
settled near them, and a little later to give a helping hand to those
escaping from slavery, and at last, in the underground railroad,[144] to
complete a systematic organization for the assistance of fugitives. Cases
of kidnapping are recorded as early as 1808.[145] In 1832 the carrying
away of a black woman without process of law not only roused the people
of Pennsylvania, but led to a decision which took away much of the force
of the act of 1793.
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