The Underground Railroad Part 67

THE FUGITIVE SLAVE BILL OF 1850.

"AN ACT RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING FROM THE SERVICE OF THEIR MASTERS."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress a.s.sembled:

That the persons who have been, or may hereafter be appointed commissioners, in virtue of any Act of Congress, by the circuit courts of the United States, and who, in consequence of such appointment, are authorized to exercise the powers that any justice of the peace or other magistrate of any of the United States, may exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same under and by virtue of the thirty-third section of the act of the twenty-fourth of September, seventeen hundred and eighty-nine, ent.i.tled, "An act to establish the judicial courts of the United States," shall be, and are hereby authorized and required to exercise and discharge all the powers and duties conferred by this act.

Sec. 2. And be it further enacted: That the superior court of each organized territory of the United States, shall have the same power to appoint commissioners to take acknowledgments of bail and affidavit, and to take depositions of witnesses in civil causes, which is now possessed by the circuit courts of the United States, and all commissioners, who shall hereafter be appointed for such purposes, by the superior court of any organized territory of the United States, shall possess all the powers, and exercise all the duties conferred by law, upon the commissioners appointed by the circuit courts of the United States for similar purposes, and shall, moreover, exercise and discharge all the powers and duties conferred by this act.

SEC. 3. And be it further enacted: That the circuit courts of the United States, and the superior courts of each organized territory of the United States, shall, from time to time, enlarge the number of Commissioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act.

SEC. 4. And be it further enacted, that the commissioners above named, shall have concurrent jurisdiction with the judges of the circuit and district courts of the United States, in their respective circuits and districts within the several States, and the judges of the superior courts of the Territories severally and collectively, in term time and vacation; and shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the State or territory from which such persons may have escaped or fled.

SEC. 5. And be it further enacted: That it shall be the duty of all marshals and deputy marshals, to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant or other process when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars to the use of such claimant, on the motion of such claimant by the circuit or district court for the district of such marshal; and after arrest of such fugitive by the marshal, or his deputy, or whilst at any time in his custody, under the provisions of this act, should such fugitive escape, whether with or without the a.s.sent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted, for the benefit of such claimant, for the full value of the service or labor of said fugitive in the State, Territory or district whence he escaped; and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Const.i.tution of the United States, and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties, with an authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders or posse comitatus, of the proper county, when necessary to insure a faithful observance of the clause of the Const.i.tution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and a.s.sist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose; and said warrants shall run and be executed by said officers anywhere in the State within which they are issued.

SEC. 6. And be it further enacted, That when a person held to service or labor in any State or Territory of the United States, has heretofore, or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due, or his, her or their agent or attorney, duly authorized, by power of attorney, in writing, acknowledged and certified under the seal of some legal office or court of the State or Territory, in which the same may be executed, may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith, before such court, judge or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner, and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer authorized to administer an oath and take depositions under the laws of the State or Territory from which such person owing service or labor may have escaped, with a certificate of such magistrate, or other authority, as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall be sufficient to establish the competency of the proof, and with proof also, by affidavit, of the ident.i.ty of the person whose service or labor is claimed to be due, as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the State or Territory from which such fugitive may have escaped, as aforesaid, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which such service or labor was due, to the State or Territory, in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circ.u.mstances of the case, to take and remove such fugitive person back to the State or Territory from whence he or she may have escaped, as aforesaid. In no trial or hearing, under this act, shall the testimony of such alleged fugitives be admitted in evidence, and the certificates in this and the first section mentioned, shall be conclusive of the right of the person or persons in whose favor granted to remove such fugitives to the State or Territory from which they escaped, and shall prevent all molestation of said person or persons by any process issued by any court, judge, magistrate, or other person whomsoever.

SEC. 7. And be it further enacted, That any person who shall knowingly and willfully obstruct, hinder, or prevent such claimant, his agent, or attorney, or any person or persons lawfully a.s.sisting him, her or them from arresting such a fugitive from service or labor, either with or without process, as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, or from the custody of such claimant, his or her agent, or attorney, or other person or persons lawfully a.s.sisting, as aforesaid, when so arrested, pursuant to the authority herein given and declared, or shall aid, abet, or a.s.sist such person, so owing service or labor, as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized, as aforesaid, or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor, as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States, for the district in which such offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States; and shall, moreover, forfeit and pay, by way of civil damages, to the party injured by such illegal conduct, the sum of one thousand dollars for each fugitive so lost, as aforesaid, to be recovered by action of debt in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed.

SEC. 8. And be it further enacted, That the Marshals, their deputies, and the clerks of the said districts and territorial courts, shall be paid for their services the like fees as may be allowed to them for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitives to the claimant, his or her agent, or attorney, or where such supposed fugitive may be discharged out of custody from the want of sufficient proof, as aforesaid, then such fees are to be paid in the whole by such complainant, his agent or attorney, and in all cases where the proceedings are before a Commissioner, he shall be ent.i.tled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certificate to the claimant, his or her agent or attorney; or a fee of five dollars in cases where proof shall not, in the opinion of said Commissioner, warrant such certificate and delivery, inclusive of all services incident to such arrest and examination, to be paid in either case, by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such Commissioners for the arrest and detention of fugitives from service or labor, as aforesaid, shall also be ent.i.tled to a fee of five dollars each for each person he or they may arrest and take before any such Commissioners, as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reasonable by such Commissioner for such other additional services as may be necessarily performed by him or them; such as attending to the examination, keeping the fugitive in custody, and providing him with food and lodgings during his detention, and until the final determination of such Commissioner; and in general for performing such other duties as may be required by such claimant, his or her attorney or agent or commissioner in the premises; such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county as far as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitive from service or labor be ordered to be delivered to such claimants by the final determination of such Commissioners or not.

SEC. 9. And be it further enacted, That upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent or attorney. And to this end the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary, to overcome such force, and to retain them in his service so long as circ.u.mstances may require; the said officer and his a.s.sistants, while so employed, to receive the same compensation, and to be allowed the same expenses as are now allowed by law for the transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States.

SEC. 10. And be it further enacted, That when any person held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party to whom such service or labor shall be due, his, her, or their agent, or attorney may apply to any court of record therein, or judge thereof in vacation, and make such satisfactory proof to such court or judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party.

Thereupon the court shall cause a record to be made of the matters so proved, and also a personal description of the person so escaping, with such convenient certainty as may be; and a transcript of such record, authenticated by the attestation of the clerk, and of the seal of said court being produced in any other State, Territory or District in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other officer authorized by the law of the United States to cause persons escaping from, service or labor to be delivered up, 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. And upon the production, by the said party, of other and further evidence, if necessary, either oral or by affidavit, in addition to what is contained in said record of the ident.i.ty of the person escaping, he or she shall be delivered up to the claimant. And said court, commissioners, judge, or other persons authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidence aforesaid, grant to such claimant a certificate of his right to take any such person, identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize, or arrest, and transport such person to the State or Territory from which he escaped: 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 SLAVE-HUNTING TRAGEDY IN LANCASTER COUNTY, IN SEPTEMBER, 1851.

"TREASON AT CHRISTIANA."

Having inserted the Fugitive Slave Bill in these records of the Underground Rail Road, one or two slave cases will doubtless suffice to ill.u.s.trate the effect of its pa.s.sage on the public mind, and the colored people in particular. The deepest feelings of loathing, contempt and opposition were manifested by the opponents of Slavery on every hand.

Anti-slavery papers, lecturers, preachers, etc., arrayed themselves boldly against it on the ground of its inhumanity and violation of the laws of G.o.d.

On the other hand, the slave-holders South, and their pro-slavery adherents in the North demanded the most abject obedience from all parties, regardless of conscience or obligation to G.o.d. In order to compel such obedience, as well as to prove the practicability of the law, unbounded zeal daily marked the attempt on the part of slave-holders and slave-catchers to refasten the fetters on the limbs of fugitives in different parts of the North, whither they had escaped.

In this dark hour, when colored men's rights were so insecure, as a matter of self-defence, they felt called upon to arm themselves and resist all kidnapping intruders, although clothed with the authority of wicked law. Among the most exciting cases tending to justify this course, the following may be named:

James Hamlet was the first slave case who was summarily arrested under the Fugitive Slave Law, and sent back to bondage from New York.

William and Ellen Craft were hotly pursued to Boston by hunters from Georgia.

Adam Gibson, a free colored man, residing in Philadelphia, was arrested, delivered into the hands of his alleged claimants, by commissioner Edward D. Ingraham, and hurried into Slavery.

Euphemia Williams (the mother of six living children),--her case excited much interest and sympathy.

Shadrach was arrested and rescued in Boston.

Hannah Dellum and her child were returned to Slavery from Philadelphia.

Thomas Hall and his wife were pounced upon at midnight in Chester county, beaten and dragged off to Slavery, etc.

And, as if gloating over their repeated successes, and utterly regardless of all caution, about one year after the pa.s.sage of this nefarious bill, a party of slave-hunters arranged for a grand capture at Christiana.

One year from the pa.s.sage of the law, at a time when alarm and excitement were running high, the most decided stand was taken at Christiana, in the State of Pennsylvania, to defeat the law, and defend freedom. Fortunately for the fugitives the plans of the slave-hunters and officials leaked out while arrangements were making in Philadelphia for the capture, and, information being sent to the Anti-slavery office, a messenger was at once dispatched to Christiana to put all persons supposed to be in danger on their guard.

Among those thus notified, were brave hearts, who did not believe in running away from slave-catchers. They resolved to stand up for the right of self-defence. They loved liberty and hated Slavery, and when the slave-catchers arrived, they were prepared for them. Of the contest, on that b.l.o.o.d.y morning, we have copied a report, carefully written at the time, by C.M. Burleigh, editor of the "Pennsylvania Freeman," who visited the scene of battle, immediately after it was over, and doubtless obtained as faithful an account of all the facts in the case, as could then be had.

"Last Thursday morning, (the 11th inst,), a peaceful neighborhood in the borders of Lancaster county, was made the scene of a b.l.o.o.d.y battle, resulting from an attempt to capture seven colored men as fugitive slaves. As the reports of the affray which came to us were contradictory, and having good reason to believe that those of the daily press were grossly one-sided and unfair, we repaired to the scene of the tragedy, and, by patient inquiry and careful examination, endeavored to learn the real facts. To do this, from the varying and conflicting statements which we encountered, scarcely two of which agreed in every point, was not easy; but we believe the account we give below, as the result of these inquiries, is substantially correct.

Very early on the 11th inst. a party of slave-hunters went into a neighborhood about two miles west of Christiana, near the eastern border of Lancaster county, in pursuit of fugitive slaves. The party consisted of Edward Gorsuch, his son, d.i.c.kerson Gorsuch, his nephew, Dr. Pearce, Nicholas Hutchins, and others, all from Baltimore county, Md., and one Henry H.

Kline, a notorious slave-catching constable from Philadelphia, who had been deputized by Commissioner Ingraham for this business. At about day-dawn they were discovered lying in an ambush near the house of one William Parker, a colored man, by an inmate of the house, who had started for his work. He fled back to the house, pursued by the slave-hunters, who entered the lower part of the house, but were unable to force their way into the upper part, to which the family had retired. A horn was blown from an upper window; two shots were fired, both, as we believe, though we are not certain, by the a.s.sailants, one at the colored man who fled into the house, and the other at the inmates, through the window. No one was wounded by either. A parley ensued. The slave-holder demanded his slaves, who he said were concealed in the house. The colored men presented themselves successively at the window, and asked if they were the slaves claimed; Gorsuch said, that neither of them was his slave. They told him that they were the only colored men in the house, and were determined never to be taken alive as slaves.

Soon the colored people of the neighborhood, alarmed by the horn, began to gather, armed with guns, axes, corn-cutters, or clubs. Mutual threatenings were uttered by the two parties. The slave-holders told the blacks that resistance would be useless, as they had a party of thirty men in the woods near by. The blacks warned them again to leave, as they would die before they would go into Slavery.

From an hour to an hour and a half pa.s.sed in these parleyings, angry conversations, and threats; the blacks increasing by new arrivals, until they probably numbered from thirty to fifty, most of them armed in some way. About this time, Castner Hanaway, a white man, and a Friend, who resided in the neighborhood, rode up, and was soon followed by Elijah Lewis, another Friend, a merchant, in Cooperville, both gentlemen highly esteemed as worthy and peaceable citizens. As they came up, Kline, the deputy marshal, ordered them to aid him, as a United States officer, to capture the fugitive slaves. They refused of course, as would any man not utterly dest.i.tute of honor, humanity, and moral principle, and warned the a.s.sailants that it was madness for them to attempt to capture fugitive slaves there, or even to remain, and begged them if they wished to save their own lives, to leave the ground. Kline replied, "Do you really think so?" "Yes," was the answer, "the sooner you leave, the better, if you would prevent bloodshed." Kline then left the ground, retiring into a very safe distance into a cornfield, and toward the woods. The blacks were so exasperated by his threats, that, but for the interposition of the two white Friends, it is very doubtful whether he would have escaped without injury. Messrs. Hanaway and Lewis both exerted their influence to dissuade the colored people from violence, and would probably have succeeded in restraining them, had not the a.s.sailing party fired upon them. Young Gorsuch asked his father to leave, but the old man refused, declaring, as it is said and believed, that he would "go to h.e.l.l, or have his slaves."

Finding they could do nothing further, Hanaway and Lewis both started to leave, again counselling the slave-hunters to go away, and the colored people to peace, but had gone but a few rods, when one of the inmates of the house attempted to come out at the door. Gorsuch presented his revolver, ordering him back.

The colored man replied, "You had better go away, if you don't want to get hurt," and at the same time pushed him aside and pa.s.sed out. Maddened at this, and stimulated by the question of his nephew, whether he would "take such an insult from a d----d n.i.g.g.e.r," Gorsuch fired at the colored man, and was followed by his son and nephew, who both fired their revolvers. The fire was returned by the blacks, who made a rush upon them at the same time. Gorsuch and his son fell, the one dead the other wounded.

The rest of the party after firing their revolvers, fled precipitately through the corn and to the woods, pursued by some of the blacks. One was wounded, the rest escaped unhurt. Kline, the deputy marshal, who now boasts of his miraculous escape from a volley of musket-b.a.l.l.s, had kept at a safe distance, though urged by young Gorsuch to stand by his father and protect him, when he refused to leave the ground. He of course came off unscathed. Several colored men were wounded, but none severely.

Some had their hats or their clothes perforated with bullets; others had flesh wounds. They said that the Lord protected them, and they shook the bullets from their clothes. One man found several shot in his boot, which seemed to have spent their force before reaching him, and did not even break the skin. The slave-holders having fled, several neighbors, mostly Friends and anti-slavery men, gathered to succor the wounded and take charge of the dead. We are told that Parker himself protected the wounded man from his excited comrades, and brought water and a bed from his own house for the invalid, thus showing that he was as magnanimous to his fallen enemy as he was brave in the defence of his own liberty. The young man was then removed to a neighboring house, where the family received him with the tenderest kindness and paid him every attention, though they told him in Quaker phrase, that "they had no unity with his cruel business," and were very sorry to see him engaged in it.

He was much affected by their kindness, and we are told, expressed his regret that he had been thus engaged, and his determination, if his life was spared, never again to make a similar attempt. His wounds are very severe, and it is feared mortal. All attempts to procure a.s.sistance to capture the fugitive slaves failed, the people in the neighborhood either not relishing the business of slave-catching, or at least, not choosing to risk their lives in it. There was a very great reluctance felt to going even to remove the body and the wounded man, until several abolitionists and Friends had collected for that object, when others found courage to follow on. The excitement caused by this most melancholy affair is very great among all cla.s.ses. The abolitionists, of course, mourn the occurrence, while they see in it a legitimate fruit of the Fugitive Slave Law, just such a harvest of blood as they had long feared that the law would produce, and which they had earnestly labored to prevent. We believe that they alone, of all cla.s.ses of the nation, are free from responsibility for its occurrence, having wisely foreseen the danger, and faithfully labored to avert it by removing its causes, and preventing the inhuman policy which has hurried on the b.l.o.o.d.y convulsion.

The enemies of the colored people, are making this the occasion of fresh injuries, and a more bitter ferocity toward that defenceless people, and of new misrepresentation and calumnies against the abolitionists.

The colored people, though the great body of them had no connection with this affair, are hunted like partridges upon the mountains, by the relentless horde which has been poured forth upon them, under the pretense of arresting the parties concerned in the fight. When we reached Christiana, on Friday afternoon, we found that the Deputy-Attorney Thompson, of Lancaster, was there, and had issued warrants, upon the depositions of Kline and others, for the arrest of all suspected persons. A company of police were scouring the neighborhood in search of colored people, several of whom were seized while at their work near by, and brought in.

CAstner Hanaway and Elijah Lewis, hearing that warrants were issued against them, came to Christiana, and voluntarily gave themselves up, calm and strong in the confidence of their innocence. They, together with the arrested colored men, were sent to Lancaster jail that night.

The next morning we visited the ground of the battle, and the family where young Gorsuch now lives, and while there, we saw a deposition which he had just made, that he believed no white persons were engaged in the affray, beside his own party. As he was on the ground during the whole controversy, and deputy Marshall Kline had discreetly run off into the corn-field, before the fighting began, the hireling slave-catcher's eager and confident testimony against our white friends, will, we think, weigh lightly with impartial men.

On returning to Christiana, we found that the United States Marshal from the city, had arrived at that place, accompanied by Commissioner Ingraham, Mr. Jones, a special commissioner of the United States, from Washington, the U.S. District Attorney Ashmead, with forty-five U.S. Marines from the Navy Yard, and a posse of about forty of the City Marshal's police, together with a large body of special constables, eager for such a manhunt, from Columbia and Lancaster and other places. This crowd divided into parties, of from ten to twenty-five, and scoured the country, in every direction, for miles around, ransacking the houses of the colored people, and captured every colored man they could find, with several colored women, and two other white men. Never did our heart bleed with deeper pity for the peeled and persecuted colored people, than when we saw this troop let loose upon them, and witnessed the terror and distress which its approach excited in families, wholly innocent of the charges laid against them."

On the other hand, a few extracts from the editorials of some of the leading papers, will suffice to show the state of public feeling at that time, and the dreadful opposition abolitionists and fugitives had to contend with.