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
The refusal to use State machinery against fugitives extended to the
process of extradition against persons connected with the rescue of
slaves. Thus in the Isaac case, in 1839, Virginia asked New York for the
arrest of three colored men who were accused of abetting a slave's
escape. The Governor of New York returned answer, that no State could
demand the surrender of a fugitive from justice for an act which was made
criminal only by its own legislation.[184]
=§ 48. Ohio and Kentucky case.=--Kentucky, in 1848, demanded from the
Governor of Ohio the extradition of fifteen persons on the charge of
aiding the escape of a fugitive. Governor Bell refused, on the ground
that Ohio laws did not recognize property in man.[185]
[Sidenote: Prosecutions. Act of 1850.]
=§ 49. Prosecutions.=--The effects of the aid and protection thus given
fugitives by Northern people or governments awakened among the
slaveholders a feeling of wrong and indignation. The Fugitive Slave Law
was clear, and they determined to carry it out to the letter. They began,
therefore, energetically to prosecute people for aiding and harboring
escaping slaves. The case just mentioned shows how difficult it was to
secure prosecutions beyond the State boundaries. When the offence
occurred within the bounds of a slave State, the judgments were most
severe, and the heaviest possible fines and longest terms of imprisonment
were inflicted for simple acts of charity.
=§ 50. Van Zandt, Pearl, and Walker cases.=--Mr. Van Zandt, returning
into the country from Cincinnati one day in 1840, took nine fugitive
slaves from Kentucky into his farm wagon. He was stopped by three
persons, and all but two of the slaves were recaptured. Mr. Van Zandt was
arrested, taken into court, and fined twelve thousand dollars, which
exhausted his entire property.[186]
A still more severe penalty was that imposed upon Captain Drayton, of the
schooner Pearl, in 1848. He took on board seventy-five fugitive slaves,
and sailed up the Potomac. An armed steamer, sent in pursuit, overtook
them and brought them back. Captain Drayton and another officer of the
schooner were placed in prison, where they remained for twenty years, and
at last were relieved only through the efforts of Charles Sumner.[187]
Another instance of the same sort is the case of Mr. Jonathan Walker, in
1844. With seven fugitives he embarked from Pensacola in an open boat for
the Bahama Islands, but he received a sun-stroke and was obliged to leave
the management of the craft in the hands of the negroes. On account of
the accident, they were overtaken by two sloops, and both fugitives and
their protector captured. Mr. Walker was twice tried, imprisoned,
sentenced to stand in the pillory, and branded on the hand with the
letters S. S., slave stealer.[188] The crime and the punishment have
alike been glorified in Whittier's verses:--
Public-domain text, read in full here on John Shaqi.
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