Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
"If any negro who shall be taken up as a runaway, and brought before
any justice of the peace, will not declare the name of his or her
owner, such justice shall in such case, and he is hereby required,
by a warrant under his hand, to commit the said negro-slave to the
jail of the county wherein he or she shall be taken up; and the
sheriff or undersheriff of the county into whose custody the said
runaway shall be committed, shall forthwith cause notice in writing
of such commitment to be set up on the Court-house door of the said
county, and there continued during the space of two months; in which
notice a full description of the said runaway and his clothing shall
be particularly set down."--When the owner is supposed to be a
resident in another State, the jailer is obliged by sec. 15, "by the
first opportunity after such commitment, to send a description of
such negro or runaway, together with the account of the time of
commitment, and the county where such runaway is committed, to the
press, to be advertised in the State Gazette."--Sec. 16 provides,
that, "whenever any negro-slave shall be taken up in this State as a
runaway, and confined in any jail for the space of twelve months,
and the apprehension and confinement of said slave have been
advertised in the State Gazette at least six months, and the owner
does not apply to prove property in said time, then it shall be
lawful for the court of pleas and quarter sessions of the county in
which said runaway is confined, to command their sheriff to expose
said negro-slave to public sale for ready money, giving three
months' notice in some public newspaper in this State, at the
Court-house door, and at two other public places in the said county,
of the time and place of sale, and of the circumstances under which
the said slave is to be sold."--Sect. 17 gives the sheriff "two and
a half per centum on the amount of sale."--Sect. 18 declares that
"the bill of sale of the sheriff shall vest in the purchaser an
absolute right to the said slave." The residue of the amount of
sales, after deducting commissions and prison charges, is directed
to be paid to the county trustee for the use of the county.
Similar laws, authorizing the sale into slavery of negroes taken up as
runaway slaves, who cannot from any cause prove their freedom, are found
in Virginia, South Carolina, Georgia, Kentucky, Tennessee, Florida,
Alabama, Mississippi, Missouri, Arkansas, and Louisiana. A similar law
has always existed in the District of Columbia, originally enacted, and
since supported, by Northern freemen. _Our_ law, however, differs from
the others in offering to the marshal a high bribe to induce him to sell
_free_ negroes, by providing that the _proceeds of the persons sold may
remain in his own pocket_, unless after the sale the master shall be
discovered, and shall claim the balance.
Public-domain text, read in full here on John Shaqi.
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