The Journal of Negro History, Volume 3, 1918Various
History
The Journal of Negro History, Volume 3, 1918
Various
African Americans -- Periodicals
The Fugitive Slave Law of 1793 was superseded by that of 1850 by a
sort of political bargaining on the other measures of the Compromise.
The letter of the new law was not much different from the one of
1793--the chief changes being in the exaction of severer penalties and
the transfer of jurisdiction to the federal courts. But even if
members from the North did vote for the new provision there was no
public sentiment in the North back of its enforcement. Everyone in
Kentucky was heartily in favor of it, but that mattered little. The
effectiveness of any fugitive slave law depended upon the spirit in
which it was met in the North, for it was there that the law was to be
applied. It remained for a more or less forgotten decision of the
Supreme Court in 1861 to show the greatest weakness of all laws for
the recovery of runaway slaves in the North.
In October, 1859, the Woodford County (Kentucky) grand jury returned
an indictment against Willis Lago, a free Negro, charging him with the
seduction and enticement of Charlotte, a Negro slave, from her owner,
C. W. Nickols. A copy of this indictment certified and authenticated
according to the federal law was presented to the Governor of Ohio by
the authorized agent of the Governor of Kentucky and the arrest and
delivery of the fugitive from justice demanded. The Governor of Ohio
referred the matter to the Attorney-General of the State and upon his
advice the chief executive refused to deliver up the Negro. The
Supreme Court having original jurisdiction in suits between two
States, the demand for a mandamus to compel the Governor of Ohio to
deliver Lago to the Kentucky authorities was heard by that body in a
suit under the title of Kentucky _vs._ Dennison (the Governor of
Ohio). The decision of the court was rendered by Chief Justice Taney
and it contained five important statements: (1) "It was the duty of
the executive authority of Ohio upon the demand made by the Governor
of Kentucky, and the production of the indictment, duly certified to
cause Lago to be delivered up to the agent of the Governor of
Kentucky, who was appointed to demand and receive him." (2) "The duty
of the Governor of Ohio was merely ministerial, and he had no right to
exercise any discretionary power as to the nature or character of the
crime charged in the indictment." (3) "The word 'duty' in the act of
1793 means the moral obligation of the state to perform the compact,
in the Constitution, when Congress had, by that act, regulated the
mode in which the duty should be performed." (4) "But Congress cannot
coerce a state officer, as such, to perform any duty by act of
Congress. The state officer may perform if he thinks proper, and it
may be a moral duty to perform it. But if he refuses, no law of
Congress can compel him." (5) "The Governor of Ohio cannot, through
the judiciary or any other department of the general government, be
compelled to deliver up Lago; and upon that ground only this motion
Public-domain text, read in full here on John Shaqi.
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