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
=§ 101. Early propositions to repeal the acts.=--Repeal, however, was
preceded by many earlier propositions. The Committee on the Judiciary, to
which was referred Mr. Howe's bill, presented December 26, 1861,[363] did
not report until 1863, and then with the opinion that it ought not to
pass. In introducing his repeal measure, Mr. Howe spoke of the bill of
1850 as one "which has probably done as much mischief as any other one
act that was ever passed by the national legislature. It has embittered
against each other two great sections of the country."[364] To take away
the law of 1850 would leave in force the act of 1793, which was "good
enough."
June 9, 1862, soon after the passage of the acts on the District of
Columbia, Mr. Julian presented in the House another repeal bill, which
was referred to the Committee on the Judiciary.[365] As the war
progressed, and the antislavery sentiment began to outweigh all others,
it became evident that the old law could not much longer obtain.
Nevertheless the question was set aside during the session of 1862-63,
but in 1863-64 five bills were introduced looking to the repeal of the
acts.[366]
Mr. Morris, from the committee to whom all bills for repeal had been
referred, reported a substitute for them, June 6, 1864, and this was the
basis of the final action of Congress.[367]
[Sidenote: Discussion of Repeal Bills.]
=§ 102. Discussion of the repeal bill in the House.=--Had the country
been divided simply into two parts, the slaveholding Southern Confederacy
and the free loyal North, little discussion could have arisen. The third
element, the slaveholding States which remained firm for the Union,
rendered the question far more complex. The bill therefore aroused much
indignation. Mr. Mallory demanded, as an act of justice to his State,
that "the Fugitive Slave Act be permitted to remain on the statute-book.
If you say it will be a dead letter, so much less excuse have you for
repealing it, and so much more certainly is the insult and wrong to
Kentucky gratuitous. This act, by which you declare your intention not to
obey the injunction of the Constitution is wanton and useless, except for
the purpose of bravely exhibiting your contempt for that instrument."
"The framers of the Constitution gave us the right to reclaim fugitive
slaves. It was conceded not as a favor, but as a right." "Kentucky has
remained true to her faith pledged to the government, and I warn you not
to persevere in inflicting on her insult and outrage."[368]
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