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
After the Sims[280] and Burns[281] cases, in which the court-houses were
again used in the place of jails, the heat of public indignation led to
petitions to the legislature asking for a more stringent personal liberty
law. A joint committee prepared a bill, which was passed, but was vetoed
by Governor Gardner, who had been advised by the Attorney General that
some of the clauses were unconstitutional. But so strong was the
influence in its favor that it was passed over the veto by a two-thirds
vote.[282] The feeling that it was probably unconstitutional, however,
must have strengthened in the next three years: for in 1858[283] we find
another act which amended the act of 1855. This limited some provisions,
and repealed the following sections: the tenth, which required that any
person who should give a certificate that a person claimed as a fugitive
was a slave should forfeit any State office he might hold; the eleventh,
which forbade any person acting as attorney for a claimant to appear as
counsel or attorney in the State courts; the twelfth, which made a
violation of the preceding section sufficient ground for the impeachment
of any officer of the Commonwealth; the thirteenth, which forbade any
United States officer empowered to give certificate or issue warrants
from holding a State office; and the fourteenth, which made liable to
removal any person holding a State judicial office who should also hold
the office of Commissioner.
[Sidenote: Review of the Acts by States.]
=§ 82. Review of the acts by States.=--Of the other New England States,
Maine had no personal liberty law until 1855.[284] Two years after,
however, in 1857,[285] a portion of an act declaring free all slaves
brought by their masters into that State was devoted to a provision "to
punish any attempt to exercise authority over them."
In New Hampshire, one of the laws of 1857[286] enacted that every person
holding any person as a slave for any length of time, under any pretence,
should be deemed guilty of felony; but provided that this should not
apply to United States officers executing any legal process.
Vermont, by an act in 1840,[287] extended to fugitives the right of trial
by jury, but after three years this was repealed,[288] only to be renewed
in 1850.[289]
Connecticut, as has been noticed, had no personal liberty law. Rhode
Island first passed such an act in 1848.[290] This forbade State officers
to take cognizance of fugitive slave cases, and the use of State jails.
Another statute, in 1854,[291] extended these provisions so as to apply
to the national law of 1850.
The act of 1840 was the only Personal Liberty Law of New York.[292]
Pennsylvania, some seven years later, forbade the use of jails, and
punished State officers for participating in fugitive slave cases.[293]
It also enacted a regulation of the same character as late as 1860.
Public-domain text, read in full here on John Shaqi.
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