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
In the crisis that was reached with the beginning of the new decade,
the question of the rendition of fugitives from service was by
no means lost sight of. As in 1850, so in 1860 a measure for the
more effective protection of slave property appears to have been
a necessary condition in any plan of compromise that was to gain
Southern support. President Buchanan sought to meet the situation
by proposing, in his message of December 4, 1860, the adoption
of "explanatory" amendments to the Constitution recognizing the
master's right of recovery and the validity of the Fugitive Slave
Law; he also recommended a declaration against the so-called
personal liberty laws of the states as unconstitutional, and
therefore void. This produced, within three months, in the House, a
crop of more than twenty resolutions relative to fugitive slaves;
the deliberations of that body issued at length, March 1, 1861,
in the passage of a bill to make more effective the law of 1850.
The new measure provided for an appeal to the Circuit Court of the
United States, where cases were to be tried by jury. But in the
Senate this bill never got beyond the first reading.
That the people of the Northern states would have acquiesced in
a new law for the surrender of runaway negroes was certainly not
to be expected. Both the law of 1793 and that of 1850 had been
systematically evaded as well as frequently denounced, and now
memorials were being sent to Congress praying for the repeal of the
despised legislation.[834] A bill for this purpose was introduced
into the House by Mr. Blake, of Ohio, in 1860, but was smothered
by the attempt to amend the existing law. A similar measure was
introduced into the Senate in December, 1861, by Mr. Howe, of
Wisconsin, who prefaced its presentation by declaring that the
Fugitive Slave Law "has had its day. As a party act it has done its
work. It probably has done as much mischief as any other one act
that was ever passed by the national legislature. It has embittered
against each other two great sections of the country."[835] The bill
was referred to a committee, where it was kept for some time, and at
length was reported adversely in February, 1863.
[834] Wilson, _Rise and Fall of the Slave Power_, Vol. III, p.
395.
[835] _Congressional Globe_, Thirty-seventh Congress, First
Session, 1356.
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