Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910Turner, Edward Raymond
History
Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910
Pennsylvania was the first state to pass an abolition law.[244] In
after years this became a matter of great pride. Her legislators and
statesmen frequently boasted of it. Not only was the priority a glory
in itself, but the manner in which Pennsylvania conceived the law, and
the success with which she carried it out, furnished the states that
lay near her a splendid example and a strong incentive which not a few
of them followed shortly thereafter.[245]
Yet this law was open to some objections, and for different reasons
received much criticism. First, it was loosely and obscurely drawn in
some of its sections, and these gave rise to litigation.[246] In the
second place, it was largely ineffectual to prevent certain abuses
which had been foreseen when it was discussed, and which assumed
alarming proportions in a few years. Some Pennsylvanians openly kept up
the slave-trade outside of Pennsylvania, and masters within the state
sold their slaves into neighboring states, whither they sent also their
young negroes, who there remained slaves instead of acquiring freedom
at twenty-eight.[247] They even sent away for short periods their
female slaves when pregnant, so that the children might not be born on
the free soil of Pennsylvania. Besides this the kidnapping of free
negroes went on unchecked.[248]
These practices did not escape unprotested. The Friends were
indefatigable in their efforts to stop them, and the government was
not disposed to allow the work of 1780 to be undone.[249] So in 1788
was passed an act to explain and enforce the previous one. It provided
that the births of the children of slaves were to be registered; that
husband and wife were not to be separated more than ten miles without
their consent; that pregnant females should not be sent out of the
state pending their delivery; and it forbade the slave-trade under
penalty of one thousand pounds. Heavy punishments were provided for
such chicanery as had previously been employed.[250]
This legislation was enforced by the courts in constructions which
favored freedom wherever possible. Exact justice was dealt out, but
if the master had neglected in the smallest degree to comply with the
precise conditions specified in the laws, whether through carelessness,
mistake, or unavoidable circumstance, the authorities generally
showed themselves glad to declare the slave free.[251] The Friends
and abolitionists were particularly active in hunting up pretexts
and instituting law-suits for the purpose of setting at liberty the
negroes of people who believed they were obeying the laws, but who had
neglected to comply with some technical point.[252]
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