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
=§ 30. Provisions of the second Fugitive Slave Act.=--Every provision of
the act was arranged for the protection and benefit of the slaveholders.
It was based upon the law of 1793, but a number of new regulations were
added.[160] Commissioners were to be chosen by the Circuit Courts of the
United States and the Superior Courts of the Territories, to act with the
judges of those courts in fugitive slave cases. Such commissioners could
be fined one thousand dollars for refusing to issue a writ, and were
liable for the value of any slave escaping from them. The testimony
required for rendition was the official declaration of the fact of the
escape of a slave by two witnesses, and the establishment of his identity
by oath. The testimony of the accused could not be admitted. The right of
trial by jury was not affirmed, and was therefore practically denied. A
sheriff might call upon any bystander for help in executing the law, and
the penalty for harboring or aiding in a rescue was increased from five
hundred dollars, as in 1793, to one thousand dollars, and imprisonment
for not more than six months. Should the slave escape, damages to the
same amount were to be paid to the claimant. If a mob were feared,
military force might be employed; and by a discrimination little likely
to win respect for the act, the fee of the commissioner was to be
increased from five to ten dollars whenever the case was decided in favor
of the claimant.
[Sidenote: Arguments for the Bill.]
=§ 31. Arguments for the bill.=--The debate on the Fugitive Slave Bill
more than any other part of the Compromise illustrates the character of
the slavery conflict. Most of the Southern members urged the immediate
necessity of a new law, but some of the more ardent considered the evil
to be one which could be reached only through a change in public
sentiment, and they thought all legislation valueless.[161] Mr. Mason
thus presented the evils with which the law must cope. He stated that the
border States had found it an impossibility to reclaim a fugitive when he
once got within the boundaries of a non-slaveholding State; "and this
bill, or rather the amendments, ... have been framed with a great deal of
consideration, to reach, if practicable, the evils which this experience
has demonstrated to exist, and to furnish the appropriate remedy in
enabling the owner of a fugitive to reclaim him." Under the existing
laws, "you may as well go down into the sea and endeavor to recover from
his native element a fish which has escaped from you, as expect to
recover such a fugitive. Every difficulty is thrown in your way by the
population.... There are armed mobs, rescues. This is the real state of
things."[162]
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