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
If, as was freely declared by the abolitionists, it was possible
for free negroes to be abducted from the Northern states under the
form of procedure laid down by the act of 1793, there can be little
reason to doubt that the same thing was equally possible under the
procedure established by the act of 1850. Certain it is that the
anti-slavery people were not dubious on this point, but they had
scarcely had time to formulate their criticisms of the new law when
the first case under it of which there is any record demonstrated
the ease with which this legislation could be taken advantage of
in the commission of a foul injustice. The case occurred September
26, only eight days after the passage of the act. A free negro,
James Hamlet, then living in New York, was arrested as the slave of
Mary Brown, of Baltimore. The hearing took place before a United
States commissioner and the negro's removal followed at once. The
community in which Hamlet was living was greatly incensed when the
facts concerning his disappearance became known, and the sum of
money necessary for his redemption was quickly contributed. Before a
fortnight had elapsed he was brought back from slavery.[793]
[793] Marion G. McDougall, _Fugitive Slaves_, pp. 43 and 44, with
the references there given; Wilson, _Rise and Fall of the Slave
Power_, Vol. II, pp. 304, 305. See Appendix B, p. 372.
The summary manner in which this case was disposed of had prevented
a defence being made in behalf of the supposed fugitive. In the
next case, however, that of Thomas Sims, which was tried before
the Supreme Judicial Court of Massachusetts in 1851, the negro was
represented by competent counsel, who brought forward objections
against the second Fugitive Slave Law. Almost the first of these
was directed against the power of the special officers, the
commissioners, created by the new law. It was insisted that the
authority with which these officers were invested was distinctly
judicial in character, despite the constitutional provision limiting
the exercise of the judicial power of the United States to organized
courts of justice, composed of judges, holding their offices during
good behavior, and receiving fixed salaries for their services.[794]
The same argument seems to have been adduced in Scott's case, tried
before the District Court of the United States in Massachusetts
in 1851; in the case of Miller _vs._ McQuerry, tried before the
Circuit Court of the United States in Ohio in 1853;[795] in Booth's
case, argued in the Supreme Court of Wisconsin in 1854;[796] in the
case known as _ex parte_ Robinson, adjudicated by the Circuit Court
of the United States for the Southern District of Ohio at its April
term, 1855;[797] and in the case _ex parte_ Simeon Bushnell, argued
and determined in the Supreme Court of Ohio in 1859.[798] The court
met this argument by a direct answer in four of the cases mentioned,
namely, those of Sims, Scott, Booth and _ex parte_ Robinson. In the
Public-domain text, read in full here on John Shaqi.
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