The Journal of Negro History, Volume 6, 1921 — John Shaqi
The Journal of Negro History, Volume 6, 1921Various
History
The Journal of Negro History, Volume 6, 1921
Various
African Americans -- Periodicals
As the Supreme Court decided in the case of _Prigg_ v. _Pennsylvania_
that the officers of the State were not legally obligated to assist in
the enforcement of the Fugitive Slave Law of 1793, Congress passed
another and a more drastic measure in 1850 which, although unusually
rigid in its terms, was enthusiastically supported by the Supreme
Court in upholding the slavery regime. The Fugitive Slave Law of 1850
deprived the Negro suspect of the right of a trial by jury to
determine the question of his freedom in a competent court of the
State. The affidavit of the person claiming the Negro was sufficient
evidence of ownership. This law made it the duty of marshals and of
the United States courts to obey and execute all warrants and precepts
issued under the provisions of this act. It imposed a penalty of a
fine and imprisonment upon any person knowingly hindering the arrest
of a fugitive or attempting to rescue one from custody or harboring
one or aiding one to escape. The writ of habeas corpus was denied to
the reclaimed Negro and the act was _ex post facto_. In short, the
Fugitive Slave Law of 1850 committed the whole country to the task of
the protection of slave property and made slavery a national matter
with which every citizen in the country had to be concerned. In the
interest of the property right of the master, moreover, the Supreme
Court by the Dred Scott Decision[6] upheld this measure, feeling that
there was in Congress adequate power expressly given and implied to
enforce this regulation in spite of any local opposition that there
might develop against the government acting upon individuals to carry
out this police regulation. The Negro was not a citizen and in his
non-political status could not sue in a Federal court, which for the
same reason must disclaim jurisdiction in a case in which the Negro
was a party.
In the decision of _Ableman_ v. _Booth_[6a] the court in construing
the provision for the return of slaves according to the Fugitive Slave
Law of 1850 further recognized the master's right of property in his
bondman, the right of assisting and recovering him regardless of any
State law or regulation or local custom to the contrary whatsoever.
This tribunal then believed that the right of the master to have his
fugitive slave delivered up on the claim, being guaranteed by the
Constitution, the implication was that the national government was
clothed with proper authority and functions to enforce it. These were
reversed during the Civil War by the nation rising in arms against the
institution of slavery which it had economically outgrown and the
court in the support of the Federal Government exercising its unusual
powers in effecting the political and social upheaval resulting in the
emancipation of the slaves, again became decidedly national in its
decisions.
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