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
As the friends of runaway slaves sometimes sought to oppose to the
summary procedure of the federal law the processes provided by
state laws in behalf of fugitives, so in their endeavor to overthrow
the act of 1793, they occasionally appealed to the Ordinance for
the government of the Northwest Territory. The Ordinance, it will
be remembered, contained a clause prohibiting slavery throughout
the region northwest of the Ohio River, and another authorizing
the surrender of slaves escaping into this territory.[770] The
abolitionists took advantage of these provisions under certain
circumstances, in the hope of securing the release of those that
had fallen into the eager grasp of the congressional act, and at
the same time of proving the incompatibility of this measure with
the Ordinance. The attempt to do these things was made in three
well-known cases, which came before the courts about 1845. The first
of these was State _vs._ Hoppess, tried before the Supreme Court of
Ohio on the circuit, to secure the liberation of a slave that had
fled from his keeper, but was afterwards recaptured;[771] the second
was Vaughan _vs._ Williams, adjudicated in the Circuit Court of the
United States for the District of Indiana, a case originating in an
action against the defendant for rescuing certain fugitives;[772]
and the third was Jones _vs._ Van Zandt, which was carried to the
Supreme Court of the United States and there decided. This last case
grew out of the aid given nine runaways by Mr. Van Zandt, through
which one of them succeeded in escaping.[773] The arguments, based
upon the Ordinance, that were advanced in these cases are adequately
set forth in the report of the first case, a report prepared by
Salmon P. Chase, subsequently Chief Justice of the Supreme Court
of the United States. These arguments, two in number, were as
follows: first, the Ordinance expressly prohibited slavery, and
thereby effected the immediate emancipation of all slaves in the
Territory; and, secondly, the clause in the Ordinance providing for
the surrender of fugitives applied only to persons held to service
in the _original_ states.[774]
[770] See Chap. II, pp. 28, 32.
[771] 2 _Western Law Journal_, 279-293.
[772] 3 _Western Law Journal_, 65-71; also, 3 _McLean's Reports_,
530-538.
[773] 5 _Howard's Reports_, 215 _et seq._
[774] 2 _Western Law Journal_, 281, 283; 3 _McLean_, 530.
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