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
That the new law was not intended to extinguish the old is apparent
from the title assigned it, which read: "An Act to amend, and
supplementary to, the Act entitled 'An Act respecting Fugitives
from Justice, and Persons escaping from the service of their
Masters, ..."[785] Its evident purpose was to increase the facilities
and improve the means for the recovery of fugitives from labor.
To this end it created commissioners, who were to have authority,
like the judges of the circuit and district courts of the United
States, to issue warrants for the apprehension of runaway slaves,
and to grant certificates for the removal of such persons back to
the state or territory whence they had escaped. All cases were to
be heard in a summary manner; the testimony of the alleged fugitive
could not be received in evidence; and the fee of the commissioner
or judge was to be ten dollars when the decision was in favor of
the claimant, but only five dollars when it was unfavorable. The
penalties created by the new law were more rigorous than those
imposed by the old. A fine not to exceed a thousand dollars and
imprisonment not to exceed six months constituted the punishment
for harboring a runaway or aiding in his rescue, and the party
injured could bring suit for civil damages against the offender in
the sum of one thousand dollars for each fugitive lost through his
interference. If the claimant apprehended a rescue, the officer
making the arrest could be required to retain the fugitive in his
custody for the purpose of removing him to the state whence he had
fled. The refusal of the officer to obey and execute the warrants
and precepts issued under the provisions of the law laid him liable
to a fine of a thousand dollars for the benefit of the claimant;
and the escape of a fugitive from his custody, whether with his
assent or without it, made him liable to a prosecution for the
full value of the labor of the negro thus lost. Ample security
from such disaster was intended to be provided for the marshal and
his deputies by the clause authorizing them to summon to their aid
the bystanders, or posse comitatus, when necessary, and all good
citizens were commanded to respond promptly with their assistance.
In removing a fugitive back to the state from which he had escaped,
when an attempt at rescue was feared, the marshal in charge was
commanded to employ as many persons as he deemed necessary to
resist the interference. The omission of the new law to mention any
officers appointed by the states is doubtless traceable, as is the
clause establishing commissionerships, to the ruling in the decision
of Prigg's case that state officers could not be forced to execute
federal legislation.
[785] _Statutes at Large_, IX, 462.
Public-domain text, read in full here on John Shaqi.
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