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
It is not to be supposed, of course, that the law of 1850 was found
to be intrinsically less objectionable to abolitionists than the
measure it was intended to supplement. On the contrary, it soon
proved to be decidedly more objectionable. The features of the
first Slave Act that were obnoxious to the Northern people, and had
been subjected to examination in the courts, were retained in the
second act, where they were associated with a number of new features
of such a character that they soon brought the new law into the
greatest contempt. While, therefore, the records of the trials of
the chief cases arising under the later law are found to contain
arguments borrowed from the contentions made in the cases already
discussed, it is interesting to note that they afford proof that
new arguments were also brought to bear against the act of 1850.
As with the first Fugitive Slave Law, so also with its successor,
fault was found on account of the absence of any provision for jury
trial;[788] the authority of a claimant or his agent to arrest
without legal process;[789] the opposition alleged to exist between
the law and the Ordinance of 1787;[790] and the power said to be
improperly exercised by Congress in legislating upon the subject
of fugitive slaves.[791] It is unnecessary to introduce here a
study of these points as they presented themselves in the various
cases arising, for a discussion of them would lead to no principles
of importance other than those discovered in the cases already
examined.[792]
[788] Sims' case, tried before the Supreme Judicial Court of
Massachusetts, March term, 1851. See 7 _Cushing's Reports_, 310.
Miller _vs._ McQuerry, tried before the Circuit Court of the
United States, in Ohio, 1853. See 5 _McLean's Reports_, 481-484.
_Ex parte_ Simeon Bushnell, etc., tried before the Supreme Court
of Ohio, May, 1859. See 9 _Ohio State Reports_, 170.
[789] Norris _vs._ Newton et al., tried before the Circuit Court
of the United States, in Indiana, May term, 1850. See 5 _McLean's
Reports_, 98.
_Ex parte_ Simeon Bushnell, etc. See 9 _Ohio State Reports_, 174.
United States _vs._ Buck, tried before the District Court of the
United States for the Eastern District of Pennsylvania, 1860. See
8 _American Law Register_, 543.
[790] Booth's case, tried before the Supreme Court of Wisconsin,
June term, 1854. See 3 _Wisconsin Reports_, 3.
_Ex parte_ Simeon Bushnell, and _ex parte_ Charles Langston,
tried before the Supreme Court of Ohio, May, 1859. See 9 _Ohio
State Reports_, 111, 114-117, 124, 186.
[791] Sims' case. See 7 _Cushing's Reports_, 290. Booth's case.
See 3 _Wisconsin Reports_.
[792] For the text of the Slave Laws, see Appendix A, pp. 359-366.
In some of the cases that were tried under the act of 1850, however,
new questions appeared; and in some, where the questions were
perhaps without novelty, the circumstances were such that the cases
cannot well be passed over in silence.
Public-domain text, read in full here on John Shaqi.
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