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
The law of 1793 provided a double penalty for those guilty of
transgressing its provisions: first, the forfeiture of a sum of
$500 to be recovered for the benefit of the claimant by action of
debt; secondly, the payment of such damages as might be awarded
by the court in an action brought by the slave-owner on account
of the injuries sustained through the loss, or even the temporary
absence, of his property. In the famous case of Jones _vs._ Van
Zandt, which was pending before the United States courts, in Ohio
and at Washington, for five years, from 1842 to 1847, the defendant
was compelled to pay both penalties. In April, 1842, Mr. Van Zandt,
an anti-slavery Kentuckian, who had settled at Springdale, a few
miles north of Cincinnati, Ohio, was caught in the act of conveying
a company of nine fugitives in his market-wagon at daybreak one
morning, and, notwithstanding the efforts of the slave-catchers, one
of the negroes escaped. The trial was held before the United States
Circuit Court at its July term, 1843. The jury gave a verdict for
the claimant of $1,200 in damages on two counts.[807] Besides the
suit for damages, an action was brought against Van Zandt for the
penalty of $500. In this action, as in the other, the verdict was
for Jones, the plaintiff. The matter did not end here, however, and
was carried on a certificate of division in opinion between the
judges to the Supreme Court of the United States. The decision of
this court was also adverse to Van Zandt, and final judgment was
entered against him for both amounts. This settlement was reached at
the January term in 1847.[808]
[807] _McLean's Reports_, 612.
[808] _Howard's Reports_, 215-232; see also Schuckers, _Life and
Public Services of S. P. Chase_, 53-66; Warden, _Private Life and
Public Services of S. P. Chase_, 296-298.
The successful rescue of a large company of slaves was likely to
make the adventure a very expensive one for the responsible persons
that took part in it. Such was the experience of the defendants in
the case of Giltner _vs._ Gorham and others, determined in 1847. Six
slaves, the chattels of Mr. Giltner, a citizen of Carroll County,
Kentucky, were discovered and arrested in Marshall, Michigan, by
the agents of the claimant, but through the intervention of the
defendants were set at liberty. Action was brought to recover the
value of the negroes, who were estimated to be worth $2,752. In the
first trial the jury failed to agree. At the succeeding term of
court, however, a verdict for the value of the slaves was found for
the plaintiff.[809]
[809] _McLean's Reports_, 402-426.
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