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
§ 77. Character of the personal liberty laws.
§ 78. Acts passed before the Prigg decision (1793-1842).
§ 79. Acts passed between the Prigg decision and the second
Fugitive Slave Law (1842-1850).
§ 80. Acts occasioned by the law of 1850 (1850-1860).
§ 81. Massachusetts acts.
§ 82. Review of the acts by States.
§ 83. Effect of the personal liberty laws.
=§ 77. Character of the personal liberty laws.=--The personal liberty
laws were statutes passed in the Northern States whose object was to
defeat in some measure the national Fugitive Slave Law. Often their
ostensible purpose was to protect the free negroes from kidnappers, and
to this end they secured for the alleged fugitive the privilege of the
writ of habeas corpus, and the trial by jury. Sometimes, however, they
frankly avowed their aim as a deliberate attempt to interfere with the
execution of the United States statutes. In the following examination of
these laws, they will be considered first chronologically, and afterward
more minutely according to their subject matter. In previous chapters we
have noticed many instances wherein fugitives have been befriended by
individuals, or by organizations like the Antislavery Societies or the
Underground Railroad. But the action of the State governments in the
personal liberty bills, from the time the Fugitive Slave Act of 1793
began to be executed to the outbreak of the Civil War, showed that the
dissatisfaction of the North was fundamental, and was not confined merely
to the few in the van of the Antislavery movement.
[Sidenote: Analysis.]
=§ 78. Acts passed before the Prigg decision (1793-1842).=--Although the
so-called personal liberty laws were not passed until about 1840,
Indiana[256] and Connecticut[257] had before that time provided that on
appeal fugitives might have a trial by jury. The Connecticut law, in
contrast to the hostile spirit of later legislation, was entitled, "An
Act for the fulfilment of the obligation of this State imposed by the
Constitution of the United States in regard to persons held to service or
labor in one State escaping into another, and to secure the right of
trial by jury in the cases herein mentioned." Notwithstanding this
preamble, the law provided for fining State officials who might take part
in fugitive slave cases.
The first definite personal liberty laws were passed by Vermont[258] and
New York,[259] in 1840, and were entitled Acts "to extend the right of
trial by jury." They not only insured jury trial, but also provided
attorneys to defend fugitives. This was the only law of the kind New York
ever passed, and proved of little value, since it soon fell into disuse,
and was almost forgotten.
Public-domain text, read in full here on John Shaqi.
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