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
Although the proposition to repeal the Fugitive Slave Law of 1850
had been made in Congress in 1860, and repeated in 1861 and 1862,
no definite and conclusive action was taken until 1864. During the
session of 1863-1864 five bills were introduced into the House
looking toward the repeal of the law. In the discussion of the
subject the probable effect of revocation upon the border states was
frequently dwelt upon, and it was urged by many members that the
loyal slave states would consider repeal as "insult and outrage."
Mr. Mallory, of Kentucky, was one of those that took this view.
He therefore demanded that the law "be permitted to remain on the
statute-book," urging, "If you say it will be a dead letter, so much
less excuse have you for repealing it, and so much more certainly
is the insult and wrong to Kentucky gratuitous." In reply to this
and other arguments the need of enlisting negro soldiers was pressed
on the attention of the House, and it was said by Mr. Hubbard, of
Connecticut, "You cannot draft black men into the field while your
marshals are chasing women and children in the woods of Ohio with
a view to render them back into bondage. The moral sense of the
nation, ay, of the world, would revolt at it."[837] The conclusion
that slavery was already doomed to utter destruction could not
be avoided. The House therefore decided to throw away the empty
guarantee of the institution, and June 13 the vote on the bill for
repeal was taken. It resulted in the measure being carried by a vote
of 82 to 57. When the bill from the House came before the Senate the
question of repeal was already under consideration, and, indeed, had
been for three months and a half. Nevertheless, the House measure
was at once referred to committee and was reported back June 15.
It was then discussed by the Senate for several days and voted on
on June 23, the result being a vote of 27 in favor of repeal to 12
against it. Two days later President Lincoln affixed his signature
to the bill, and the Fugitive Slave laws were thereby annulled June
25, 1864. The constitutional provision for the recovery of runaways,
which had been judicially declared in the decision of Prigg's case
to be self-executing was not cancelled until December 18, 1865, when
the Secretary of State proclaimed the adoption of the Thirteenth
Amendment to the Constitution by the requisite number of states.
[837] _Congressional Globe_, Thirty-eighth Congress, First
Session, 2913. See also M. G. McDougall, _Fugitive Slaves_, p.
85.
CHAPTER X
THE UNDERGROUND RAILROAD IN POLITICS
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