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
[Illustration: JOSHUA R. GIDDINGS, M.C.,
who kept a room in his house in Jefferson, Ohio, for fugitives.]
[Illustration: CHARLES SUMNER,
THE CHAMPION OF THE FUGITIVE SLAVE IN THE SENATE OF THE UNITED
STATES.]
[Illustration: RICHARD H. DANA, Jr.,
COUNSEL FOR COLORED REFUGEES IN BOSTON, MASSACHUSETTS.]
The group of enactments just considered together with many other
early measures relating to the subject of fugitives makes it
clear that the question of extradition of runaway slaves had
also arisen in colonial times. A stipulation for the return of
fugitives had been inserted in the formal agreement entered into
by Plymouth, Massachusetts, Connecticut and New Haven at the time
of the formation of the New England Confederation in 1643,[858]
and may be supposed to have remained in force for a period of
forty years. In the first national constitution, the Articles of
Confederation adopted in 1781, no such provision was made. This
omission soon became serious through the action of the states of
Vermont, Pennsylvania, Massachusetts, Connecticut and Rhode Island
between 1777 and 1784 in taking steps toward immediate or gradual
emancipation; for the first time the question of the status of
fugitives in free regions was now raised.
[858] _Plymouth Colony Records_, IX, 5; Marion G. McDougall,
_Fugitive Slaves_, 7.
When, in 1787, the question arose of providing a government for the
territory northwest of the Ohio River, the difficulty was felt;
and the Northwest Ordinance included a clause for the reclamation
of fugitives from labor. A proposition made by Mr. King in 1785 to
prohibit slavery in this region without any provision for reclaiming
fugitives had gone to committee, but was never afterwards called up
in Congress. In the discussion of 1787 an amendment was offered by
Nathan Dane, of Massachusetts, the first clause of which excluded
slavery from the territory, and the second clause provided for
the rendition of fugitives. The previous delay and the prompt and
unanimous approval of the compromise measure of Mr. Dane give force
to the contention of a special student of the Ordinance, that the
stipulation forbidding slavery could not have been adopted without
the provision for the recovery of runaways.[859]
[859] Peter Force, on the Ordinance of 1787, in the _National
Intelligencer_, 1847. See also E. B. Chase's volume, entitled
_Teachings of Patriots and Statesmen, or the "Founders of the
Republic" on Slavery_, 1860, pp. 155, 160, 161, 169.
About six weeks after the incorporation, by the Continental
Congress, of the fugitive slave clause in the Northwest Ordinance, a
similar provision was made a part of the Constitution of the United
States by the vote of the Federal Convention at Philadelphia.[860]
In the case of the Constitution, as of the Ordinance, the
clause was probably necessary for the acceptance and adoption
of the instrument, and the action of the legislative body was
unanimous.[861]
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