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
=§ 32. Arguments against the bill.=--On the Northern side, there seems to
have been an admission that some bill of the kind was necessary for the
interests of the Union. The opposition dwelt chiefly, therefore, upon the
details of the measure. Many considered them unjust, as recognizing only
one class of rights, those of the masters. Mr. Chase, from the
antislavery wing, demanded that a claim of this kind be put on the same
footing as any other statutory right. "Claims of right in the services of
individuals found under the protection of the laws of a free State must
be investigated in the same manner as other claims of right. If the most
ordinary controversy involving a contested claim of twenty dollars must
be decided by jury, surely a controversy which involves the right of a
man to his liberty should have a similar trial.... It will not do for a
man to go into a State where every legal presumption is in favor of
freedom, and seize a person whom he claims as a fugitive slave, and say,
'This man is my slave, and by my authority under the Constitution of the
United States I carry him off, and whoever interferes does so at his
peril.' He is asked, 'Where is your warrant?' and he produces none;
'Where is your evidence of claim?' and he offers none. The language of
his action is, 'My word stands for law.'"
[Footnote 59: Statutes at Large, I. 50.]
[Footnote 60: Appendix B, No. 8.]
[Footnote 61: Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585; Annals of
Cong., 2 Cong. 1 Sess., H. of R., 147.]
[Footnote 62: State Papers, Miscellaneous, I. 39-43.]
[Footnote 63: House Journal, 2 Cong. 1 Sess., 444; Annals of Cong.,
148.]
[Footnote 64: House Journal, 2 Cong. 1 Sess., 454; Annals of Cong.,
179.]
[Footnote 65: Senate Journal, 170; Annals, 115.]
[Footnote 66: 2 Cong. 2 Sess., Senate Journal, 460; Annals of Cong.,
616.]
[Footnote 67: Senate Journal, 16; Annals, 622.]
[Footnote 68: Senate Journal, 25, 26; Annals, 623.]
[Footnote 69: Senate Journal, 28; Annals, 625.]
[Footnote 70: Senate Journal, 35; Annals, 630.]
[Footnote 71: Senate Journal, 34, 35; Annals, 630.]
[Footnote 72: House Journal, 105; Annals, 861.]
[Footnote 73: Appendix B, No. 9.]
[Footnote 74: Ante, § 8; Appendix A, No. 8.]
[Footnote 75: Ante, § 15.]
[Footnote 76: For general discussions of the act, see Von Holst,
Constitutional History, I. 309-315; Hildreth, History of the U. S., IV.
406-440; Lalor's Cyclopædia, II. 315-316; Stephens, War between the
States, I. 629-636, 674; Bancroft's History of the U. S. (last
revision), VI. 309, 310; Goodell, Slavery and Antislavery, 227; Curtis,
History of the Constitution, II. 450-467; Hurd, Law of Freedom and
Bondage, II. 142; Story, Commentaries, III. 673-678; McMaster, History
of the American People, I. 508, II. 356, 357; Elliott's Debates, V. 357,
487; Schouler, History of the U. S., I. 219, 220; Tucker, History of the
U. S., I. 500.]
[Footnote 77: Appendix B, No. 9.]
[Footnote 78: Post, § 27.]
[Footnote 79: Post, §§ 34, 35.]
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