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
=§ 89. Slavery attacked in Congress.=--A series of attacks upon slavery
now began in Congress. To many persons the fact that the institution was
recognized in the Constitution seemed sufficient ground for protecting
it. No doubt was entertained of the power of Congress to confiscate the
ordinary property of rebels; but such persons deprecated all interference
with slaves, who were supposed to possess a kind of constitutional
immunity, wholly unknown to and above all other property.[314] In the
minds of antislavery men, "no greater fallacy was ever asserted than this
attempt thus to link 'the institution' and the Constitution indissolubly
together, to engraft the former upon the latter, to make slavery the
corner stone of the nation, to be guarded and protected by the
government."[315] Nevertheless, the existence of slavery in the Border
States which had remained loyal made Congress very cautious as to general
enactments. On the other hand, no form of property held by rebels was so
vulnerable; slaves could not only be seized as the lines of the Northern
troops extended, they could, by actual law or by kindly reception, be
invited across the lines. Both the passions aroused by civil war and a
humane pity for the slave urged the government to deprive the master
engaged in secession of the services of his slave.
[Sidenote: Confiscation Bills.]
=§ 90. Confiscation bills.=--July 18, 1861, Mr. Chandler and Mr. Trumbull
introduced general confiscation bills in the Senate; they were both
referred to the Committee on the Judiciary. In the discussion Mr.
Trumbull offered as an amendment "that whenever any person claiming to be
entitled to the service or labor of any other person, under the laws of
any State, shall employ such person in aiding or promoting any
insurrection, or in resisting the laws of the United States, or shall
permit or suffer him to be so employed, he shall forfeit all right to
such service or labor, and the person whose service or labor is thus
claimed shall be thenceforth discharged therefrom, any law to the
contrary notwithstanding."[316]
The proposition aroused considerable opposition, since it was a step far
in advance of anything which had yet been done against the interests of
slavery, and any proposition which advocated "an act of emancipation,"
however limited and qualified, was the signal for hot discussion. The
opposing party announced that "nothing will come of it but more
irritation,"[317] and in each crisis statesmen should "observe all
possible toleration, all conciliation, all liberality."[318] Mr. Wilson
upheld the opposite opinion, and thought that the time had come when this
government, and the men who are in arms under the government, should
cease to return their fugitive slaves to traitors.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account