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
One of the earliest cases of which we have record was brought
before the Circuit Court of the United States for the Eastern
District of Pennsylvania on writ of error, in 1822. The action
was for the penalty under the law of 1793 for obstructing the
plaintiff, a citizen of Maryland, in seizing his escaped slave in
Philadelphia for the purpose of taking him before a magistrate there
to prove property. The trial in the United States District Court
had terminated in a verdict of $500 for the slave-owner. Judge
Washington, of the Circuit Court, decided, however, that there was
an error in the judgment of the lower court, that the judgment must
be reversed with costs, and the cause remitted to the District Court
in order that a new trial might be had. This case is known in the
law books as the case of Hill _vs._ Low.[804]
[804] _Washington's Circuit Court Reports_, 327-331.
Occasionally an attempt at rescue ended in the arrest and
imprisonment of the slave-catchers, as well as the release of the
captured negro. When a party of rescuers went to such a length as
here indicated it laid itself liable to an action for damages on
the ground of false imprisonment, as well as to prosecution for
the penalty under the Fugitive Slave Law. This is illustrated in
the case of Johnson _vs._ Tomkins, a case belonging to the year
1833.[805] It was the outgrowth of the attempt of a master to
reclaim his slave from the premises of a Quaker, John Kenderdine,
of Montgomery County, Pennsylvania. Before the slave-owner could
return to New Jersey, the state of his domicile, he and his party
were overtaken, and after violent handling in which the master
was injured, they were taken into custody, and were forthwith
prosecuted. The trial ended in the acquittal of the company from
New Jersey, whose seizure of the negro was found to be justifiable.
Then followed the prosecution of some of the Pennsylvania party for
trespass and false imprisonment, before the Circuit Court of the
United States. The fact that the defendants were all Quakers was
noted by the judge, who found it "hard to imagine" the motives by
which these persons, "members of a society distinguished for their
obedience and submission to the laws" were actuated. The question of
damages was left exclusively to the jury. The verdict rendered was
for $4,000, and the court gave judgment on the verdict.[806]
[805] _Baldwins Circuit Court Reports_, 571-605.
[806] _Washington's Circuit Court Reports_, 327-331.
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