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
Ohio made but one provision on the subject, and that lasted but a year.
Her jails were closed to suspected slaves in 1857,[294] but in 1858 this
law was repealed.[295]
Michigan passed such an act in 1855,[296] with the usual clauses on the
use of jails and jury trial, and imposed a fine on false testimony
against the defendant.
In 1858 Wisconsin and Kansas also passed similar acts.[297]
=§ 83. Effect of the personal liberty laws.=--Since the avowed purpose of
these laws was to obstruct the execution of one of the United States
statutes, national and State legislation were thus brought into direct
conflict; but the Fugitive Slave Law was held constitutional by the
Supreme Court, and any attempt to prevent its enforcement by positive
means, however righteous from an ethical standpoint, must be considered
an infraction of the Constitution, and of the common understanding
between the States, on which the Union was founded.[298] The provisions
denying the use of State institutions and officers, though distinctly
unfriendly, were not unconstitutional. Many of the Abolitionists,
however, held the national law to be unconstitutional, and at the same
time morally so repugnant that it ought never to be executed.[299] The
State laws were brought up by South Carolina, in her declaration of the
causes of secession, as one of the chief grievances against the North;
and President Buchanan, in his Message of 1860,[300] said they were "the
most palpable violations of constitutional duty which had yet been
committed." They must certainly be classed in principle with the
Nullification Ordinance of 1832. Indeed, the legislature of Wisconsin,
after the Supreme Court had overridden the decision of the State courts
in the case of Ableman v. Booth that the national law was contrary to the
national Constitution, passed some resolutions in which a "positive
defiance is urged as the 'rightful remedy'" against such
legislation.[301]
[Footnote 256: Revised Laws of Indiana, 1824, p. 221.]
[Footnote 257: Laws of Connecticut, 1838, p. 32.]
[Footnote 258: Acts and Resolves of Vermont, 1840, p. 13.]
[Footnote 259: Laws of New York, 1840, p. 174.]
[Footnote 260: See _ante_, § 27.]
[Footnote 261: Laws of Massachusetts, 1843, p. 33.]
[Footnote 262: Acts and Resolves of Vermont, 1843, p. 11.]
[Footnote 263: Laws of Pennsylvania, 1847, p. 206.]
[Footnote 264: Acts and Resolves of Rhode Island, 1848, p. 12.]
[Footnote 265: Laws of Vermont, 1850, p. 9.]
[Footnote 266: Public Acts of Connecticut, 1854, p. 80.]
[Footnote 267: Laws of Rhode Island, 1854, p. 22.]
[Footnote 268: Laws of Massachusetts, 1855, p. 924; 1858, p. 151.]
[Footnote 269: Laws of Michigan, 1855, p. 415.]
[Footnote 270: Laws of Maine, 1857, p. 38.]
[Footnote 271: Lalor, III. 162.]
[Footnote 272: Lalor, III. 162.]
[Footnote 273: Laws of Ohio, 1857, p. 170; 1857, p. 10.]
[Footnote 274: Lalor, III. 162.]
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