The Underground Railroad from Slavery to Freedom: A comprehensive historySiebert, Wilbur Henry
History
The Underground Railroad from Slavery to Freedom: A comprehensive history
Siebert, Wilbur Henry
Fugitive slaves -- United States; Underground Railroad
known as "attorney-general for fugitive slaves," on account of his
frequent appearance as counsel in fugitive slave cases.]
[Illustration: THOMAS GARRETT, of WILMINGTON, DELAWARE,
who aided 2700 runaways, and paid $8000 in fines for his violations
of the slave laws.]
The exclusive regard for the rights of the owner exhibited in these
provisions was fitted to stir the popular sense of justice in
the Northern states, most of which had already ranged themselves
by individual action on the side of liberty. Persons moved by
the appeals of the hunted negro to transgress the statute would
naturally try to avoid its penalties by concealment of their acts,
and this we know was what they did. The whole movement denominated
the Underground Railroad was carried on in secret, because only
thus could the fugitives, in whose behalf it originated, and their
abettors, by whom it was maintained, be secure from the law. When
through mischance or open resistance, as sometimes happened, an
offender against the law was discovered and brought to trial, the
case was not allowed to progress far before the Fugitive Recovery
Act itself was assailed vigorously by the counsel for the defendant.
The grounds of attack included the absence of provision for jury
trial, the authority of the claimant or his agent to arrest without
a warrant, the antagonism between state and federal legislation, the
supposed repugnancy of the law of 1793 to the Ordinance of 1787,
the denial of the power of Congress to legislate on the subject of
fugitive slaves, and the question as to the responsibility for the
execution of the law. Nearly if not all of these disputed points
were involved in the great question as to the constitutionality
of the congressional act, a question that kept working up through
the successive decisions of the courts to irritate and disturb the
peace between the sections, that the fugitive clause in the federal
Constitution, the act of 1793 itself, and the judicial affirmations
following in their train were intended to promote.
Public-domain text, read in full here on John Shaqi.
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