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 uniform success of the attempts to evade this first Fugitive
Slave Law, and doubtless, also, the general indisposition of
Northern people to take part in the return of refugees to their
Southern owners, led, as early as in 1823, to negotiations between
Kentucky and the three adjoining states across the Ohio. It is
unnecessary to trace the history of these negotiations, or to point
out the statutes in which the legislative results are recorded. It
is notable that sixteen years elapsed before the legislature of Ohio
passed a law to secure the recovery of slave property, and that the
new enactment remained on the statute books only four years. The
penalties imposed by this law for advising or for enticing a slave
to leave his master, or for harboring a fugitive, were a fine, not
to exceed five hundred dollars, and, at the discretion of the court,
imprisonment not to exceed sixty days. In addition, the offender was
to be liable in an action at the suit of the party injured.[113] It
can scarcely be supposed that a state Fugitive Slave Law like this
would otherwise affect persons that were already engaged in aiding
runaways than to make them more certain than ever that their cause
was just.
[113] The date of the act is February 26, 1839.
The loss of slave property sustained by Southern planters was
not diminished, and the outcry of the South for a more rigorous
national law on the subject was by no means hushed. In 1850 Congress
met the case by substituting for the Fugitive Slave Act of 1793
the measure called the second Fugitive Slave Law. The penalties
provided by this law were, of course, more severe than those of the
act of 1793. Any person hindering the claimant from arresting the
fugitive, or attempting the rescue or concealment of the fugitive,
became "subject to a fine not exceeding one thousand dollars, or
imprisonment not exceeding six months," and was liable for "civil
damages to the party injured by such illegal conduct in the sum of
one thousand dollars for each fugitive so lost." These provisions
of the new law only added fresh fuel to the fire. The determination
to prevent the recovery of escaped slaves by their owners spread
rapidly among the inhabitants of the free states. Many of these
persons, who had hitherto refrained from acting for or against the
fugitive, were provoked into helping defeat the action of a law
commanding them "to aid and assist in the prompt and efficient
execution" of a measure that would have set them at the miserable
business of slave-catching. Clay only expressed a wish instead of
a fact, when he maintained in 1851 that the law was being executed
in Indiana, Ohio and other states. Another Southern senator was
much nearer the truth when he complained of the small number of
recaptures under the recent act.
Public-domain text, read in full here on John Shaqi.
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