The Underground Railroad from Slavery to Freedom: A comprehensive history — John Shaqi
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
For several years the stipulations for the rendition of fugitive
slaves remained inoperative. At length, in 1791, a case of
kidnapping occurred at Washington, Pennsylvania, and this served
to bring the subject once more to the public mind. Early in 1793
Congress passed the first Fugitive Slave Law.[39] This law provided
for the reclamation of fugitives from justice and fugitives from
labor. We are concerned, of course, with the latter class only.
The sections of the act dealing with this division are too long to
be here quoted: they empowered the owner, his agent or attorney,
to seize the fugitive and take him before a United States circuit
or district judge within the state where the arrest was made, or
before any local magistrate within the county in which the seizure
occurred. The oral testimony of the claimant, or an affidavit
from a magistrate in the state from which he came, must certify
that the fugitive owed service as claimed. Upon such showing the
claimant secured his warrant for removing the runaway to the state
or territory from which he had fled. Five hundred dollars fine
constituted the penalty for hindering arrest, or for rescuing or
harboring the fugitive after notice that he or she was a fugitive
from labor.
[39] Appendix A, pp. 359-361.
All the evidence goes to show that this law was ineffectual; Mrs.
McDougall points out that two cases of resistance to the principle
of the act occurred before the close of 1793.[40] Attempts at
amendment were made in Congress as early as the winter of 1796,
and were repeated at irregular intervals down to 1850. Secret or
"underground" methods of rescue were already well understood in and
around Philadelphia by 1804. Ohio and Pennsylvania, and perhaps
other states, heeded the complaints of neighboring slave states,
and gave what force they might to the law of 1793 by enacting laws
for the recovery of fugitives within their borders. The law of
Pennsylvania for this purpose was passed the same year in which
Mr. Clay, then Secretary of State, began negotiations with England
looking toward the extradition of slaves from Canada (1826); but
it was quashed by the decision of the United States Supreme Court
in the Prigg case in 1842.[41] By 1850 the Northern states were
traversed by numerous lines of Underground Railroad, and the South
was declaring its losses of slave property to be enormous.
[40] _Fugitive Slaves_, p. 19.
[41] See Chap. IX, pp. 259-267; also Stroud, _Sketch of the Laws
Relating to Slavery in the Several States_, 2d ed., pp. 220-222.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account