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
This new measure remedied certain defects in the first statute, and was
therefore more satisfactory to the slave-owners. As soon as it began to
be executed, however, its provisions were found to be so severe that the
trials and rescues it occasioned served only to educate the people to the
evils of slavery by bringing its effects close to them. Thus, far from
compelling the North to acquiesce in the system, it greatly increased the
number of Abolitionists. The arraying of the North and South against each
other in the Civil War intensified public sentiment upon the question,
and led more and more to a loose execution of the law. It was found
impracticable to return slaves to disloyal masters, and a law to prevent
any such return was the next step toward the doing away of the whole
system. Next came the question of the duty and power of the general
government, within its exclusive jurisdiction: in 1862 all responsibility
was disavowed. By this time the force of the law extended only to the
loyal slave States, and the force of public opinion in 1864 withdrew the
last statutory safeguard of slavery under the Constitution. A change in
the text of the Constitution finally took away the force of the clause on
which the return of fugitives was based.
We can see, at this distance, how clearly slavery was doomed to
destruction, from the time the two sections first made it an issue in
1820; but there was no relation arising out of slavery except the
territorial question which did so much as the fugitive slave controversy
to hasten the downfall of the system. The contrast between the free
principles of democratic government and human bondage was forced upon the
attention of the North by the pursuit of fugitives in their midst. Yet
without national machinery for the recapture of runaways the institution
could not have long been maintained. There is no evidence that the North
was profoundly stirred by the horrors of slavery before 1850; it was only
when the North was called upon, in the Territories, and through the
Fugitive Slave Law, to give positive aid to the system that the
antislavery movement grew strong. Fugitive slaves and fugitive slave laws
helped to destroy slavery.
[Footnote 302: Ableman v. Booth, 3 Wis., 1.]
[Footnote 303: Globe, 1860-61, p. 356, App. 197.]
[Footnote 304: Globe, 1860-61, (Baker) 228, (Burnham) 970.]
[Footnote 305: Senate Journal, 36 Cong. 2 Sess., p. 18. Appendix C, No.
1.]
[Footnote 306: House Journal, 36 Cong. 2 Sess., p. 60; Congr. Globe, 36
Cong. 2 Sess., 77. Appendix C, Nos. 2-12. For a list of proposed
constitutional amendments bearing on fugitive slaves, I am indebted to
Mr. H. V. Ames, of the Harvard Graduate School, who has kindly furnished
me transcripts from his material for a forthcoming monograph on proposed
amendments to the Constitution.]
[Footnote 307: Cong. Globe, 3 Cong. 2 Sess., 114. Appendix C, Nos.
2-12.]
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