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
A slave woman, Margaret Morgan, had fled from Maryland to Pennsylvania.
Five years later, in 1837, Edward Prigg, an attorney, caused her to be
arrested and sent back to her mistress without recourse either to the
national or State act on the subject. In the act he disregarded a law of
Pennsylvania, brought about in 1826 through the efforts of the Society
for the Abolition of Slavery, which forbade the carrying out of the State
of any negro with the intention of enslaving him. Accordingly, Mr. Prigg
was arrested and convicted in the county court. The Supreme Court of
Pennsylvania sustained the decision. Thence the case was taken to the
Supreme Court of the United States. There the counsel for Mr. Prigg
argued that the statute of Pennsylvania on which the indictment was
founded was unconstitutional, since it conflicted with the law of 1793.
Justice Story delivered the opinion of the court, and upon this decision
all future judgments were based. He announced that the law must be
carried out through national authorities alone; the States or State
magistrates could not be forced into action.[146] After this, many
States, seeing the advantage thus given them, passed laws which forbade
the officers to aid in a fugitive slave case, and also denied the use of
their jails for imprisonment.[147] Plainly the Prigg case showed a
growing indisposition on the part of the States to carry out the law,
however severe its provisions might be; and this disposition to evade its
obligations is still further evidenced by the cases given in the next
chapter.
=§ 26. Necessity of more stringent fugitive slave provisions.=--The
increasing number of rescues,[148] and the occurrence of several cases of
resistance, proved conclusively the inadequacy of the law of 1793. After
the Prigg decision the provisions made for its execution through national
powers were entirely insufficient. Underlying all these acts, the South
also could but perceive a sentiment the growth of which, unless checked
in some way, would at last permanently injure, if not destroy, their
peculiar institution.
=§ 27. Action of Congress from 1847 to 1850.=--From 1822 until 1848
apparently no effort was made to secure a new law. Then a petition
received in 1847 from the Legislature of Kentucky, urging the importance
of passing such laws as would enable the citizens of slaveholding States
to recover their slaves when they escaped into non-slaveholding
States,[149] gave rise to a bill from the Committee on the
Judiciary.[150] The bill provided "for the more effectual execution of
the third clause of the second section of the Fourth Article of the
Constitution."[151] It passed only to the second reading. In 1849, Mr.
Meade proposed in the House to instruct the Committee on the Judiciary to
report a fugitive slave bill.[152] No report apparently was ever made,
but this was the last ineffectual proposition. In 1850, a new law was
successfully carried in both Houses.
Public-domain text, read in full here on John Shaqi.
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