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
=§ 86. Propositions to enforce the Fugitive Slave Law.=--In the crisis of
1860 the South seemed to expect a general settlement of the slavery
question like that of 1850, and therefore demanded a more effective act
for the return of fugitives. President Buchanan, in his message of
December 4, 1860, recommended "explanatory" constitutional amendments
which should recognize the master's right to the recovery of his fugitive
slaves, and the validity of the Fugitive Slave Law. He recommended also a
declaration against State laws impairing the right of the master, as
being violations of the Constitution, and consequently null and
void.[305] This recommendation was followed, December 12, 1860, by no
less than eleven resolutions upon the subject in the House.[306] Of these
five were constitutional amendments. Several provided, as a pacific
measure, that the town, county, or State, guilty of neglect to return a
fugitive, might be sued by the owner of the slave for the amount thus
lost to him.[307] The most arbitrary proposition was that of Mr. Hindman.
It denied representation in Congress to any State which should hold in
force laws hindering the delivery of fugitives.[308]
Another resolution inquired into the expediency of declaring it felony to
resist an officer of the United States in the execution of the law, or to
attempt to rescue a runaway.[309]
=§ 87. Propositions to repeal or amend the law.=--On the other hand,
antislavery members insisted that the provision for the return of
fugitives was already too severe; but only one of the resolutions
proposed any amendment in favor of the slave. Mr. Kilgore proposed to
give a trial by jury before a fugitive should be returned.[310]
As early as 1860 Mr. Blake had introduced into the House a bill to repeal
the law of 1850. It was read twice, and referred to the Committee on the
Judiciary, from whom it was never reported.[311] At that time Congress,
in alarm at the state of the country, was vainly striving to mend matters
by making the Fugitive Slave Law even more effective. March 1, 1861, the
select committee of thirty-three brought in a bill for the amendment of
the law of 1850; it allowed an appeal to the Circuit Court of the United
States where jury trial was to be given. The bill passed the House the
same day; but in the Senate it never got beyond the first reading.[312]
[Sidenote: Enforcement. Slaves of Disloyal Men.]
=§ 88. The question of slaves of rebels.=--With the beginning of the
Civil War in 1861 the last period in the study of fugitive slaves opens,
to close only with the repeal of the Fugitive Slave Law and the abolition
of slavery.
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