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
The bill passed the Senate July 22, 1861. In the House it was amended so
as to limit the negroes to be freed more strictly to those employed in
military service.[319] The bill went back to the Senate, which concurred
in the amendment,[320] and it received the signature of the President,
August 6, 1861.[321]
[Sidenote: The Emancipation Proclamation.]
=§ 91. Confiscation provisions extended.=--Propositions more far reaching
were introduced into the Senate in the session of 1861-62.[322] January
15, 1862, Mr. Trumbull, from the Committee on the Judiciary, to whom the
various propositions had been referred, reported an original bill, and
asked that the committee be discharged from the consideration of
others.[323] March 14, 1862, Mr. Harris introduced into the Senate a bill
to confiscate the property of rebels and for other purposes.[324] These
propositions were considered at length, but never came to a vote. It is
not necessary to enter here into the discussion of confiscations and of
the constitutional right of Congress to free the slaves; in most of the
bills there was a provision against the return of slaves to disloyal
masters.
The Harris bill declared that, before any order for the surrender of
fugitives should be given, the claimant must establish not only his title
to the slave, as was then provided by law, but also that he is and has
been loyal to the United States during the Rebellion. Mr. Pomeroy
objected to this because it would make it "obligatory on the government
of the United States to surrender a person claimed to be indebted to
another for service or labor, if the claimant proves that he is loyal to
the government. Would not this re-enact the Fugitive Slave Law of
1850?"[325] An amendment was therefore adopted which so changed the law
that any reference to the act of 1850 was avoided.[326] After several
debates the proposition was recommitted, May 6.[327] Mr. Clark reported a
bill, May 14, which retained the provision in regard to fugitives as at
first offered.[328]
In the House, resolutions on confiscation and emancipation were offered
on the first day of the session, but the final action was based upon one
of several bills introduced by Mr. Eliot, May 14, 1862.[329] His first
bill, upon the confiscation of the property of the rebels, need not be
followed out here; but the second bill provided for the emancipation of
the slaves of disloyal masters, and forbade their return as fugitives.
After various recommitments[330] a bill was brought in, according to
which, in any suit brought by a claimant to recover the possession of
slaves to enforce such service or labor, it was to be a sufficient bar to
allege and prove that the master was disloyal to the government.[331] The
bill then passed the House by a vote of 82 to 54.[332]
Public-domain text, read in full here on John Shaqi.
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