The Fugitive Slave Law and Its Victims Part 1

The Fugitive Slave Law and Its Victims.

by American Anti-Slavery Society.

The Fugitive Slave Law was enacted by Congress in September, 1850, received the signature of HOWELL COBB, [of Georgia,] as Speaker of the House of Representatives, of WILLIAM R. KING, [of Alabama,] as President of the Senate, and was "approved," September 18th, of that year, by MILLARD FILLMORE, Acting President of the United States.

The authorship of the Bill is generally ascribed to James M. Mason, Senator from Virginia. Before proceeding to the princ.i.p.al object of this tract, it is proper to give a synopsis of the Act itself, which was well called, by the New York _Evening Post_, "An Act for the Encouragement of Kidnapping." It is in ten sections.

SYNOPSIS OF THE LAW.

SECTION 1. United States Commissioners "authorized and required to exercise and discharge all the powers and duties conferred by this act."

SECT. 2. Commissioners for the Territories to be appointed by the Superior Court of the same.

SECT. 3. United States Circuit Courts, and Superior Courts of Territories, required to enlarge the number of Commissioners, "with a view to afford reasonable facilities to reclaim fugitives from labor," &c.

SECT. 4. Commissioners put on the same footing with Judges of the United States Courts, with regard to enforcing the Law and its penalties.

SECT. 5. United States Marshals and deputy marshals, who may refuse to act under the Law, to be fined One Thousand dollars, to the use of the claimant. If a fugitive escape from the custody of the Marshal, the Marshal to be liable for his full value. Commissioners authorized to appoint special officers, and to call out the _posse comitatus_, &c.

SECT. 6. The claimant of any fugitive slave, or his attorney, "may pursue and reclaim such fugitive person," either by procuring a warrant from some judge or commissioner, "or by seizing and arresting such fugitive, where the same can be done without process;" to take such fugitive before such judge or commissioner, "whose duty it shall be to hear and determine the case of such claimant in a summary manner," and, if satisfied of the ident.i.ty of the prisoner, to grant a certificate to said claimant to "remove such fugitive person back to the State or Territory from whence he or she may have escaped,"--using "such reasonable force or restraint as may be necessary under the circ.u.mstances of the case." "In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence." All molestation of the claimant, in the removal of his slave, "by any process issued by any court, judge, magistrate, or other person whomsoever," to be prevented.

SECT. 7. Any person obstructing the arrest of a fugitive, or attempting his or her rescue, or aiding him or her to escape, or harboring and concealing a fugitive, knowing him to be such, shall be subject to a fine of not exceeding one thousand dollars, and to be imprisoned not exceeding six months, and shall also "forfeit and pay the sum of one thousand dollars for each fugitive so _lost_."

SECT. 8. Marshals, deputies, clerks, and special officers to receive usual fees; Commissioners to receive ten dollars, if fugitive is given up to claimant; otherwise, five dollars; to be paid by claimant.

SECT. 9. If claimant make affidavit that he fears a rescue of such fugitive from his possession, the officer making the arrest to retain him in custody, and "to remove him to the State whence he fled." Said officer "to employ so many persons as he may deem necessary." All, while so employed, be paid out of the Treasury of the United States.

Sect. 10. [This Section provides an additional and wholly distinct method for the capture of a fugitive; and, it may be added, one of the loosest and most extraordinary that ever appeared on the pages of Statute book.] Any person, from whom one held to service or labor has escaped, upon making "satisfactory proof" of such escape before any court of record, or judge thereof in vacation--a record of matter so proved shall be made by such court, or judge, and also a description of the person escaping, "with such convenient certainty as may be;"--a copy of which record, duly attested, "being produced in any other State, Territory, or District," and "being exhibited to any judge, commissioner, or other officer authorized," &c. "shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned;" when, on satisfactory proof of ident.i.ty, "he or she shall be delivered up to the claimant."

"_Provided_, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid; but in its absence, the claim shall be heard and determined upon other satisfactory proofs competent in law."

The name of the NORTHERN men who voted for this cruel kidnapping law should not be forgotten. Until they repent, and do works meet for repentance, let their names stand high and conspicuous on the roll of infamy. Let the "slow-moving finger of scorn" point them out, when they walk among men, and the stings of shame, disappointment, and remorse continually visit them in secret, till they are forced to cry, "my punishment is greater than I can bear." As to the _Southern_ men who voted for the law, they only appeared in their legitimate character of oppressors of the poor--whom G.o.d will repay, in his own time. The thousand-tongued voices of their brother's blood cry against them from the ground.

The following is the vote, in the SENATE, on the engrossment of the bill:--

YEAS,--Atchison, Badger, Barnwell, Bell, Berrien, Butler, Davis (of Mississippi), Dawson, A.C. DODGE (of Iowa), Downs, Foote, Houston, Hunter, JONES (of Iowa), King, Mangum, Mason, Pearce, Rusk, Sebastian, Soule, Spruance, STURGEON (of Pennsylvania), Turney, Underwood, Wales, Yulee.--27.

NAYS.--Baldwin, Bradbury, Chase, Cooper, Davis (of Ma.s.sachusetts), Dayton, Henry Dodge (of Wisconsin), Greene, Smith, Upham, Walker, Winthrop.--12.

ABSENT, OR NOT VOTING.--Benton, Borland, _Bright_ of Indiana, _Clarke_ of Rhode Island, Clay, _Ca.s.s_ of Michigan, Clemens, _d.i.c.kinson_ of New York, _Douglas_ of Illinois, _Ewing_ of Ohio, _Felch_ of Michigan, _Hale_ of New Hampshire, _Hamlin_ of Maine, _Miller_ of New Jersey, Morton, _Norris_ of New Hampshire, _Phelps_ of Vermont, Pratt, _Seward_ of New York, _Shields_ of Illinois, _Whitcomb_ of Indiana. [Fifteen Northern Senators absent from the vote.]

On the final pa.s.sage of the Bill in the Senate, the yeas and nays were not taken. _D.S. d.i.c.kinson_ of New York, who had been absent when the vote was taken on the engrossment, spoke in favor of the bill. Mr. Seward was said to be absent from the city, detained by ill health.

When the Bill came up in the HOUSE OF REPRESENTATIVES, (September 12th,) JAMES THOMPSON of Pennsylvania, got the floor,--doubtless by a previous understanding with the Speaker,--and addressed the House in support of the Bill. He closed his remarks by _moving the previous question_! It was ordered, and thus all opportunity for reply, and for discussion of the Bill was cut off. The Bill was then pa.s.sed to its third reading--equivalent to enactment--by a vote of 109 YEAS, to 75 NAYS; as follows:--

YEAS.

_Maine._--THOMAS J.D. FULLER, of Calais; ELBRIDGE GERRY, of Waterford; NATHANIEL S. LITTLEFIELD, of Bridgton.

_New Hampshire._--HARRY HIBBARD, of Bath; CHARLES H. PEASLEE, of Concord.

_Ma.s.sachusetts._--SAMUEL A. ELIOT, of Boston.

_New York._--HIRAM WALDEN, of Waldensville.

_New Jersey._--ISAAC WILDRICK, of Blairstown.

_Pennsylvania._--MILO M. DIMMICK, of Stroudsburg; JOB MANN, of Bedford; J.X. MCLANAHAN, of Chambersburg; JOHN ROBBINS, Jr., of Philadelphia; THOMAS ROSS, of Doylestown; JAMES THOMPSON, of Erie.

_Ohio._--MOSES HOAGLAND, of Millersburg; JOHN K. MILLER, of Mount Vernon; JOHN L. TAYLOR, of Chillicothe.

_Michigan._--ALEXANDER W. BUELL, of Detroit.

_Indiana._--NATHANIEL ALBERTSON, of Greenville; WILLIAM J.

BROWN, of Amity; CYRUS L. DUNHAM, of Salem; WILLIS A. GORMAN, of Bloomington; JOSEPH E. MCDONALD, of Crawfordsville; EDWARD W. MCGAUGHEY, of Rockville.

_Illinois._--WILLIAM H. BISSELL, of Belleville; THOMAS L.

HARRIS, of Petersburg; JOHN A. MCCLERNAND; WILLIAM A.

RICHARDSON, of Quincy; TIMOTHY R. YOUNG, of Marshall.

_Iowa._--SHEPHERD LEFFLER, of Burlington.

_California._--EDWARD GILBERT.

[All these Northern Traitors called themselves _Democrats_! save three--_Eliot_ of Ma.s.sachusetts, _Taylor_ of Ohio, and _McGaughey_ of Indiana, who were Whigs.]

--> Every Representative of a Slaveholding State, who voted at all, voted YEA. Their names are needless, and are omitted.

NAYS _Maine._--Otis, Sawtelle, Stetson.

_New Hampshire._--Amos Tuck.

_Vermont._--Hebard, Henry, Meacham.

_Ma.s.sachusetts._--Allen, Duncan, Fowler, Mann.

_Rhode Island._--Dixon, King.

_Connecticut._--Butler, Booth, Waldo.

_New York._--Alexander, Bennett, Briggs, Burrows, Gott, Gould, Halloway, Jackson, John A. King, Preston King, Matteson, McKissock, Nelson, Putnam, Rumsey, Sackett, Schermerhorn, Schoolcraft, Thurman, Underhill, Silvester.

_New Jersey._--Hay, King.

_Pennsylvania._--Calvin, Chandler, d.i.c.key, Freedley, Hampton, Howe, Moore, Pitman, Reed, Stevens.