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
=§ 33. Change in character of cases.=--The cases of escape which occur in
the period beginning with the formation of the Constitution, and ending
with the passage of the Fugitive Slave Law in 1850, will be found, in
comparison with those of colonial times, much more frequent, more complex
in action, and more varied in detail. Instead of many colonies under
governments independent one of another, there was now one government and
one country; nevertheless, the extinction of the system of bondage and
the rise of the antislavery sentiment in the Northern States brought into
the cases new and difficult elements. No attempt will be made to mention
the cases in their chronological order, or to describe them all. They
will be classified into cases of simple escape, of kidnapping, of rescue,
and of State interference; and typical examples will be described in each
category.
[Sidenote: The First Case of Rescue.]
=§ 34. The first case of rescue.=--The first attempt to enforce the act
of 1793, of which any record has been discovered, immediately revealed
its unfairness, and the indisposition of the North to carry it out.
Mr. Josiah Quincy, then a young lawyer, afterwards known as a public man
and the President of Harvard College, has left an interesting account of
his connection with the case. "He states that the process was issued by a
justice of the peace, that he was retained as counsel for the alleged
slave, that he prepared his brief, and went down loaded with all the
necessary authorities. He found a great crowd of people assembled; but
while he was in the midst of the argument, he heard a noise, and, turning
around, he saw the constables lying sprawling on the floor, and a passage
opening through the crowd, through which the fugitive was taking his
departure without stopping to hear the opinion of the court, and that was
the last of that case, and that was the last of the law of 1793 in
Massachusetts."[169]
=§ 35. President Washington's demand for a fugitive.=--As has been
noticed in a previous chapter, George Washington's boyhood was connected
with white slavery. Now, at the zenith of his public life, we find one of
his chattels the occasion of the first recorded refusal on moral grounds
to return a slave. In 1796, President Washington wrote to Mr. Whipple,
Collector of Portsmouth, N. H., to send back to him one of his slaves who
had escaped to that place, if it could be done without exciting a mob.
This letter has been preserved, and the following extract gives us an
insight into President Washington's opinions upon the rendition of
fugitives:--
Public-domain text, read in full here on John Shaqi.
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