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
=§ 28. Slavery in the District of Columbia.=--During this period, from
1840 to 1850, the subject of slavery and fugitives in the District of
Columbia began to occasion debate, which was never long silenced. It was
notorious that almost under the windows of the Capitol negroes were
confined in public jails on the ground that they were fugitives; and that
a free negro so confined might be sold for his jail fees. Resolutions for
an investigation of the condition of the jails were offered in 1848 by
Mr. Giddings;[153] and Mr. Hall also introduced more sweeping
propositions to repeal all laws of Congress and of Maryland which
authorized or required courts, officers, or magistrates to issue process
for arrest or commitment to the jail of the District of any fugitive
slave.[154] Congress, however, was in a mood too conciliatory toward the
South to consider these propositions; and no action was taken.
[Sidenote: The Second Fugitive Slave Act.]
=§ 29. The second Fugitive Slave Act (1850).=--In the early part of the
first session of the Thirty-first Congress, Mr. Mason of Virginia
introduced a bill to make the provisions of the fugitive slave act more
severe,[155] and the bill was reported from the Committee on the
Judiciary, January 16, 1850. Two additional amendments were soon offered
by Mr. Mason. The first imposed a fine of one thousand dollars and
imprisonment for twelve months upon any one who should obstruct the
execution of the law. The second provided that the testimony of a
fugitive should not be admitted. Mr. Seward, in opposition, proposed on
the 28th to allow a fugitive the right of trial by jury, with a fine of
five thousand dollars and the forfeiture of office should the right be
disallowed by any judge or marshal.[156]
Mr. Clay's "Omnibus Bill," by which he intended to settle the territorial
question then before Congress, and at the same time to check the
antislavery movement, contained a fugitive slave clause, though not so
severe in its provisions as Mr. Mason's.[157] This bill, however, was not
debated as a whole, but each proposition considered separately, and thus
Mr. Mason's bill became the basis of the fugitive slave provision in the
Compromise of 1850.
The measure was considered, and various amendments were offered, until
August 26, 1850, when it was passed by the Senate, and a few days later
by the House;[158] the signature of President Fillmore was readily
appended, and it became law, September 18, 1850.[159]
Public-domain text, read in full here on John Shaqi.
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