Intro

 

 

 

AMERICAN ANTI-SLAVERY SOCIETY,

 

138 NASSAU STREET, NEW YORK.

 

1856.

 

 

 

 

 

 

 

 

 

ANTI-SLAVERY TRACTS. No. 18.

 

 

 

* * * * *

 

 

 

 

THE FUGITIVE SLAVE LAW, AND ITS VICTIMS.

 

 

 

* * * * *

 

 

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 principal 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 identity 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 circumstances 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 identity, "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 God 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, Soulé, Spruance, STURGEON (of Pennsylvania), Turney, Underwood, Wales, Yulee.--27.

NAYS.--Baldwin, Bradbury, Chase, Cooper, Davis (of Massachusetts), 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, Cass of Michigan, Clemens, Dickinson 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 passage of the Bill in the Senate, the yeas and nays were not taken. D.S. Dickinson 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 passed 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.

Massachusetts.--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 Massachusetts, 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.

Massachusetts.--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, Dickey, Freedley, Hampton, Howe, Moore, Pitman, Reed, Stevens.

Ohio.--Cable, Carter, Campbell, M.B. Corwin, Crowell, Disney, Evans, Giddings, Hunter, Morris, Root, Vinton, Whittlesey, Wood.

Michigan.--Bingham, Sprague.

Indiana.--Fitch, Harlan, Julian, Robinson.

Illinois.--Baker, Wentworth.

Wisconsin.--Cole, Doty, Durkee.

California.--Wright.

ABSENT, OR NOT VOTING.

Andrews, Ashmun (Mass.), Bokee, Brooks, Butler, Casey, Cleveland (Conn.), Clarke, Conger, Duer, Gilmore, Goodenow, Grinnell (Mass.), Levin, Nes, Newell, Ogle, Olds, Peck, Phoenix, Potter, Reynolds, Risley, Rockwell (Mass.), Rose, Schenck, Spaulding, Strong, Sweetser, Thompson (Iowa), Van Dyke, White, Wilmot (Penn.) [33--all Northern men.] [Fifteen Southern Representatives did not vote.] DANIEL WEBSTER was not a member of the Senate when the vote on the Fugitive Slave Bill was taken. He had been made Secretary of State, a short time previous. All, however, will remember the powerful aid which he gave to the new compromise measures, and among them to the Fugitive Slave Bill, in his notorious Seventh of March Speech, [1850.] A few extracts from that Speech will show how heavily the responsibility of the existence of this law rests upon DANIEL WEBSTER:-- "I suppose there is to be found no injunction against that relation [Slavery] between man and man, in the teachings of the Gospel of Jesus Christ, or of any of his Apostles."--Webster's 7th March Speech, (Authorized Edition,) p. 9.

"One complaint of the South has, in my opinion, just foundation; and that is, that there has been found at the North, among individuals and among legislators, a disinclination to perform, fully, their Constitutional duties in regard to the return of persons bound to service, who have escaped into the free States. In that respect, it is my judgment that the South is right, and the North is wrong.”

* * * * "My friend at the head of the Judiciary Committee [Mr. MASON of Virginia] has a bill on the subject now before the Senate, with some amendments to it, WHICH I PROPOSE TO SUPPORT, WITH ALL ITS PROVISIONS, to the fullest extent."--Idem. p. 29.

He proceeded to assure the Senate that the North would, on due consideration, fulfil "their constitutional obligations”

"with alacrity." "Therefore, I repeat, sir, that here is a ground of complaint against the North well founded, which ought to be removed, which it is now in the power of the different departments of this Government to remove; which calls for the enactment of proper laws authorizing the judicature of this Government, in the several States, to do all that is necessary for the recapture of fugitive slaves, and for the restoration of them to those who claim them Wherever I go, and whenever I speak on the subject, and when I speak here, I desire to speak to the whole North, I say that the South has been injured in this respect, and has a right to complain; and the North has been too careless of what, I think, the Constitution peremptorily and emphatically enjoins upon her as a duty."--Idem. p. 30.

In a speech in the United States Senate, July 17, 1850, made with an evident view to calm that Northern feeling which had been aroused and excited by his 7th of March speech, beyond the power of priest or politician wholly to subdue, Mr. WEBSTER said there were various misapprehensions respecting the working of the proposed Fugitive Slave Bill:-- "The first of these misapprehensions," he said, "is an exaggerated sense of the actual evil of the reclamation of fugitive slaves, felt by Massachusetts and the other New England States. What produced that? The cases do not exist.

There has not been a case within the knowledge of this generation, in which a man has been taken back from Massachusetts into slavery by process of law, not one.”

* * * * "Not only has there been no case, so far as I can learn, of the reclamation of a slave by his master, which ended in taking him back to slavery, in this generation, but I will add, that, as far as I have been able to go back in my researches, as far as I have been able to hear and learn, in all that region there has been no one case of false claim.

* * * There is no danger of any such violation being perpetrated."[A]--Webster's Speech on the Compromise Bill, in the United States Senate, 17th of July, 1850, edition

Impressum

Verlag: BookRix GmbH & Co. KG

Tag der Veröffentlichung: 05.03.2014
ISBN: 978-3-7309-8966-1

Alle Rechte vorbehalten