_THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865)._
Sec. 85. The Fugitive Slave Law in the crisis of 1860-61.
Sec. 86. Propositions to enforce the Fugitive Slave Law.
Sec. 87. Propositions to repeal or amend the law.
Sec. 88. The question of slaves of rebels.
Sec. 89. Slavery attacked in Congress.
Sec. 90. Confiscation bills.
Sec. 91. Confiscation provisions extended.
Sec. 92. Effect of the Emancipation Proclamation (1863).
Sec. 93. Fugitives in loyal slave States.
Sec. 94. Typical cases.
Sec. 95. Question discussed in Congress.
Sec. 96. Arrests by civil officers.
Sec. 97. Denial of the use of jails in the District of Columbia.
Sec. 98. Abolition of slavery in the District of Columbia.
Sec. 99. Regulations against kidnapping.
Sec. 100. Repeal of the Fugitive Slave Acts.
Sec. 101. Early propositions to repeal the acts.
Sec. 102. Discussion of the repeal bill in the House.
Sec. 103. Repeal bills in the Senate.
Sec. 104. The repeal act and the thirteenth amendment.
Sec. 105. Educating effect of the controversy.
=Sec. 85. The Fugitive Slave Law in the crisis of 1860-61.=--If the number
of interesting fugitive slave cases falls off in the latter part of the
decade from 1850 to 1860, it is not because the law was better enforced,
but because it was little enforced. The continued interference of the
friends of the slave had proved that a fugitive could not safely be
recovered in Massachusetts, and that no punishment could be secured for
those who helped him to his freedom. The personal liberty bills added
serious legal obstacles. The Supreme Court of Wisconsin even went so far
as to declare the national act of 1850 unconstitutional.[302] In 1859
John Brown, in his Harper's Ferry raid, attempted to establish a centre
to which fugitives might flock; and although he was defeated, he had the
sympathy of a large number of persons in the North, including some public
men.
In the violent debates of 1860-61, one of the frequent charges brought by
the southern members against the North was its persistent refusal to
execute the Fugitive Slave Act, or to permit it to be executed.[303] Even
Republican members disclaimed responsibility for their party, and urged
that the personal liberty bills should be repealed.[304] Other bolder
spirits seized the opportunity to urge a repeal of the act, and in the
various compromise propositions introduced were several attempts to
modify the existing constitutional provision on the subject.
=Sec. 86. Propositions to enforce the Fugitive Slave Law.=--In the crisis of
1860 the South seemed to expect a general settlement of the slavery
question like that of 1850, and therefore demanded a more effective act
for the return of fugitives. President Buchanan, in his message of
December 4, 1860, recommended "explanatory" constitutional amendments
which should recognize the master's right to the recovery of his fugitive
slaves, and the validity of the Fugitive Slave Law. He recommended also a
declaration against State laws impairing the right of the master, as
being violations of the Constitution, and consequently null and
void.[305] This recommendation was followed, December 12, 1860, by no
less than eleven resolutions upon the subject in the House.[306] Of these
five were constitutional amendments. Several provided, as a pacific
measure, that the town, county, or State, guilty of neglect to return a
fugitive, might be sued by the owner of the slave for the amount thus
lost to him.[307] The most arbitrary proposition was that of Mr. Hindman.
It denied representation in Congress to any State which should hold in
force laws hindering the delivery of fugitives.[308]
Another resolution inquired into the expediency of declaring it felony to
resist an officer of the United States in the execution of the law, or to
attempt to rescue a runaway.[309]
=Sec. 87. Propositions to repeal or amend the law.=--On the other hand,
antislavery members insisted that the provision for the return of
fugitives was already too severe; but only one of the resolutions
proposed any amendment in favor of the slave. Mr. Kilgore proposed to
give a trial by jury before a fugitive should be returned.[310]
As early as 1860 Mr. Blake had introduced into the House a bill to repeal
the law of 1850. It was read twice, and referred to the Committee on the
Judiciary, from whom it was never reported.[311] At that time Congress,
in alarm at the state of the country, was vainly striving to mend matters
by making the Fugitive Slave Law even more effective. March 1, 1861, the
select committee of thirty-three brought in a bill for the amendment of
the law of 1850; it allowed an appeal to the Circuit Court of the United
States where jury trial was to be given. The bill passed the House the
same day; but in the Senate it never got beyond the first reading.[312]
[Sidenote: Enforcement. Slaves of Disloyal Men.]
=Sec. 88. The question of slaves of rebels.=--With the beginning of the
Civil War in 1861 the last period in the study of fugitive slaves opens,
to close only with the repeal of the Fugitive Slave Law and the abolition
of slavery.
New conditions now surrounded the slaves. Their masters were away in the
army; many homes were broken up, and confusion reigned instead of law;
the strict discipline and oversight necessary for the maintenance of the
slave system was impossible. Opportunities for escape occurred everywhere
and at all times. Since war had brought the Northern people down into
their own land, the slave no longer needed to travel hundreds of miles to
find friends; the Northern camps were perhaps but a few miles from his
own plantation. In this way negroes began to gather around the Federal
camps in such numbers that the question of disposing of them became
serious. If the Fugitive Slave Law of 1850 were considered as still
binding, their apprehension and return were necessary; but many of the
masters were in arms against the government; should they still be
protected in their property? The belligerent position of the South seemed
to preclude any right on the part of disloyal owners to ask for the
benefit of the law.
To meet the changed conditions no policy had as yet been developed by the
government. The first solution of the problem was made at Fortress Monroe
by General Butler. He drew an analogy from international law, which makes
material of war imported into the country of a belligerent lawful prize
to the army or navy of the other belligerent. Regarded as property, the
slaves of rebels could be of great service to them, and of equal help to
the government in suppressing rebellion. Regarded as persons, they had
escaped from communities where rebellion was in progress, and they asked
protection from the government to which they were still loyal. In May,
1861, General Butler therefore replied to all demands for fugitives that
he should retain them as "contraband of war." The answer was widely
spread, and "contraband" became the name by which such negroes were
known.[313]
=Sec. 89. Slavery attacked in Congress.=--A series of attacks upon slavery
now began in Congress. To many persons the fact that the institution was
recognized in the Constitution seemed sufficient ground for protecting
it. No doubt was entertained of the power of Congress to confiscate the
ordinary property of rebels; but such persons deprecated all interference
with slaves, who were supposed to possess a kind of constitutional
immunity, wholly unknown to and above all other property.[314] In the
minds of antislavery men, "no greater fallacy was ever asserted than this
attempt thus to link 'the institution' and the Constitution indissolubly
together, to engraft the former upon the latter, to make slavery the
corner stone of the nation, to be guarded and protected by the
government."[315] Nevertheless, the existence of slavery in the Border
States which had remained loyal made Congress very cautious as to general
enactments. On the other hand, no form of property held by rebels was so
vulnerable; slaves could not only be seized as the lines of the Northern
troops extended, they could, by actual law or by kindly reception, be
invited across the lines. Both the passions aroused by civil war and a
humane pity for the slave urged the government to deprive the master
engaged in secession of the services of his slave.
[Sidenote: Confiscation Bills.]
=Sec. 90. Confiscation bills.=--July 18, 1861, Mr. Chandler and Mr. Trumbull
introduced general confiscation bills in the Senate; they were both
referred to the Committee on the Judiciary. In the discussion Mr.
Trumbull offered as an amendment "that whenever any person claiming to be
entitled to the service or labor of any other person, under the laws of
any State, shall employ such person in aiding or promoting any
insurrection, or in resisting the laws of the United States, or shall
permit or suffer him to be so employed, he shall forfeit all right to
such service or labor, and the person whose service or labor is thus
claimed shall be thenceforth discharged therefrom, any law to the
contrary notwithstanding."[316]
The proposition aroused considerable opposition, since it was a step far
in advance of anything which had yet been done against the interests of
slavery, and any proposition which advocated "an act of emancipation,"
however limited and qualified, was the signal for hot discussion. The
opposing party announced that "nothing will come of it but more
irritation,"[317] and in each crisis statesmen should "observe all
possible toleration, all conciliation, all liberality."[318] Mr. Wilson
upheld the opposite opinion, and thought that the time had come when this
government, and the men who are in arms under the government, should
cease to return their fugitive slaves to traitors.
The bill passed the Senate July 22, 1861. In the House it was amended so
as to limit the negroes to be freed more strictly to those employed in
military service.[319] The bill went back to the Senate, which concurred
in the amendment,[320] and it received the signature of the President,
August 6, 1861.[321]
[Sidenote: The Emancipation Proclamation.]
=Sec. 91. Confiscation provisions extended.=--Propositions more far reaching
were introduced into the Senate in the session of 1861-62.[322] January
15, 1862, Mr. Trumbull, from the Committee on the Judiciary, to whom the
various propositions had been referred, reported an original bill, and
asked that the committee be discharged from the consideration of
others.[323] March 14, 1862, Mr. Harris introduced into the Senate a bill
to confiscate the property of rebels and for other purposes.[324] These
propositions were considered at length, but never came to a vote. It is
not necessary to enter here into the discussion of confiscations and of
the constitutional right of Congress to free the slaves; in most of the
bills there was a provision against the return of slaves to disloyal
masters.
The Harris bill declared that, before any order for the surrender of
fugitives should be given, the claimant must establish not only his title
to the slave, as was then provided by law, but also that he is and has
been loyal to the United States during the Rebellion. Mr. Pomeroy
objected to this because it would make it "obligatory on the government
of the United States to surrender a person claimed to be indebted to
another for service or labor, if the claimant proves that he is loyal to
the government. Would not this re-enact the Fugitive Slave Law of
1850?"[325] An amendment was therefore adopted which so changed the law
that any reference to the act of 1850 was avoided.[326] After several
debates the proposition was recommitted, May 6.[327] Mr. Clark reported a
bill, May 14, which retained the provision in regard to fugitives as at
first offered.[328]
In the House, resolutions on confiscation and emancipation were offered
on the first day of the session, but the final action was based upon one
of several bills introduced by Mr. Eliot, May 14, 1862.[329] His first
bill, upon the confiscation of the property of the rebels, need not be
followed out here; but the second bill provided for the emancipation of
the slaves of disloyal masters, and forbade their return as fugitives.
After various recommitments[330] a bill was brought in, according to
which, in any suit brought by a claimant to recover the possession of
slaves to enforce such service or labor, it was to be a sufficient bar to
allege and prove that the master was disloyal to the government.[331] The
bill then passed the House by a vote of 82 to 54.[332]
When it came up in the Senate, June 23, 1862, Mr. Clark moved to strike
out all after the enacting clause, and to insert a substitute which would
again unite the confiscation and emancipation bills. This amendment was
rejected by the House, and a conference committee was appointed which
reported July 11 and 12. The fugitive from a disloyal master was by this
compromise to be deemed a captive of war, and forever freed from
servitude.[333] The report was adopted by both houses, and approved by
the President, July 17, 1862.[334] From that date any slave of a disloyal
master who could make his way into the territory occupied by the Northern
troops was _ipso facto_ free. The fugitive was to become a freeman.
=Sec. 92. Effect of the Emancipation Proclamation (1863).=--The complete
emancipation of the negroes within the Confederate lines was the next
logical step, and was demanded as a war measure. It deprived the
Confederacy of the aid of these slaves, and at the same time made it
possible to arm and employ the former slaves against their masters.
September 22, 1862, President Lincoln issued his preliminary
proclamation, by which he warned the South that, unless it should return
to its allegiance, all persons held as slaves in the States in rebellion
on the 1st of January, 1863, should be "thenceforth and forever free."
At the end of one hundred days the final and absolute Proclamation was
put forth, January 1, 1863. It declared also that negroes might be
received into the armed service of the United States; and henceforth
throughout the war, the former slaves were enrolled as soldiers and did
good service for the government.
The effect of this proclamation was to end slavery, and with it the
return of fugitives, within the Confederate lines. But here the legal
machinery of the government had no effect; the State laws relating to
slavery might be considered suspended, but practically the laws and
practices of the Confederacy prevailed. On the other hand, the Fugitive
Slave Law yet existed upon the statute-book where the Union had power;
the arrest and imprisonment of fugitives was yet legal, and many desired
to see the law repealed as another step toward the final crushing out of
the system.
[Sidenote: Fugitives from Loyal Slave States.]
=Sec. 93. Fugitives in loyal slave States.=--From the beginning of the war
one of the most embarrassing questions which had come before Congress
was, How shall the slaves of loyal owners be treated? The necessity of
holding the Border States firm for the Union disposed many to support
only the most conciliatory measures; but these States were a part of the
theatre of war. Northern armies now occupied parts of the Confederacy as
well, and among the great numbers of blacks who flocked to the Union camp
it was impossible to separate the slaves of the loyal from the disloyal.
Moreover, it was necessary that there should be some uniformity of
method. Without specific law, the reception given to fugitives from loyal
masters must vary with the views of each commanding officer with whom
they sought refuge.
=Sec. 94. Typical cases.=--Cases began to occur very early in the struggle.
In 1861 a slave called Wisdom ran away from Georgetown, and was taken in
by some wagoners belonging to the Northern army. He soon found work, but
his master succeeded in tracing him, and came to camp to claim him. He
demanded the slave of Captain Swan, officer of the day. Captain Swan
hoped the man might be smuggled away, and so delayed the search as long
as possible. The master then went to Colonel Cowden, who immediately
ordered the slave to be surrendered, without the form of proceedings
prescribed by the act of 1850, and in disregard of the fact that the
master was not provided with the necessary certificate. When the facts
became known in Massachusetts and elsewhere, there was great indignation.
The Colonel was hung in effigy in Boston, with the following inscription:
"Colonel Cowden, of Burns rendition notoriety, is now practising his
tricks at kidnapping in Washington."[335]
Major Sherwood of the 11th West Virginia Regiment had, in 1861, employed
a colored refugee as his servant. The owner sent a United States marshal
to Brigadier General Boyle, who gave an order for his rendition. Major
Sherwood sent a message that he would give up his sword, but, while he
was in command, no fugitive should be returned. He was placed under
arrest for disobedience, to await court-martial; but General Staunton
ordered General Boyle's order revoked, and Major Sherwood was never
tried. In the mean time the boy had been sent away concealed under the
seat of an ambulance, and reached Canada in safety.[336]
=Sec. 95. Question discussed in Congress.=--As early in the war as 1861, a
number of resolutions were brought into Congress, designed to meet this
difficulty,[337] and Mr. Lovejoy introduced a bill making it a penal
offence "for any officer or private of the army or navy to capture or
return, or aid in the capture or return" of fugitive slaves.[338] The
bill was referred to the Committee on the Judiciary, which reported
adversely upon it, April 16, 1862.[339] December 16, 1861, Mr. Hale had
offered a resolution, which was adopted, looking toward a uniform method
of dealing with the slaves of rebels.[340] Mr. Sumner brought in another
on December 17, which forbade the employment of the armies in the
surrender of fugitives.[341] "I ask, sir," said the writer of a letter
read by Mr. Sumner, "shall our sons, who are offering their lives for the
preservation of our institutions, be degraded to slave catchers for any
persons loyal or disloyal? If such is the policy of the government, I
shall urge my son to shed no more blood for its preservation."[342]
Another protest came from two German companies in one of the
Massachusetts regiments, who, when they enlisted, entered the service
with the understanding that they should not be put to any such
discreditable service. They complained, and with them the German
population generally throughout the country.[343]
Some proof that the owner of the slave was at least loyal to the
government seemed necessary, if rendition were to be made at all; though
antislavery men were determined to admit no return of fugitives under any
circumstances. December 20, 1861, a resolution of Mr. Wilson's was
adopted, for an additional article of war forbidding officers from
returning fugitives under any consideration.[344] A bill was introduced,
discussed, and somewhat amended, but never passed.[345]
Mr. Blair's bill, of February 25, 1862, from the Committee on Military
Affairs in the House, was to the same purpose.[346] This, however, was
successfully carried in both houses, and signed by the President, May 14,
1862. In the discussion, Mr. Mallory opposed the bill, because it seemed
to him that it would prevent the President of the United States from
sending a military force into a State to aid the authorities in enforcing
a national law which stands upon the statute-book.[347] Mr. Bingham
answered this objection by saying that it simply determined that for the
future, as in the past, the army and navy should not exercise functions
which belong solely to the civil magistrates.[348]
=Sec. 96. Arrests by civil officers.=--The act of May 14, 1862, applied only
to army officers. Notwithstanding the opportunities then offered for
escape, wandering negroes were still liable to be seized by civil
authorities and placed in jail. In this way numbers of negroes, many of
them really free, were arrested, on the supposition of being runaways,
and were imprisoned without trial for an indefinite length of time. An
advertisement in 1863 shows the method then in use.
"There was committed to the jail of Warren County, Kentucky, as a
runaway slave, on the 29th September, 1862, a negro man calling himself
Jo Miner. He says he is free, but has nothing to show to establish the
fact. He is about thirty-five years of age, very dark copper color,
about five feet eight inches high, and will weigh about one hundred and
fifty pounds. The owner can come forward, prove property, and pay
charges, or he will be dealt with as the law requires.
"R. J. POTTER, J. W. C.
"March 16, 1863. 1 m."[349]
[Sidenote: District of Columbia.]
=Sec. 97. Denial of the use of the jails in the District of
Columbia.=--Several efforts were made to remedy this state of things, at
least in the territory over which Congress had exclusive control.
December 4, 1861, Mr. Wilson, who had been investigating the condition of
the District of Columbia jail in Washington, offered a joint resolution
for the release of all fugitives from service or labor therein held.[350]
It appeared that some sixty persons were imprisoned solely because they
were suspected of being runaways, and had been allowed no opportunity to
prove the contrary. A free boy from Pennsylvania came to Washington with
the 5th Pennsylvania Regiment. He was found in the streets and sent to
jail. Another boy, who was working for the soldiers on the railroad, was
also taken up and placed there.[351]
Mr. Wilson struck at the root of the matter by a resolution, which was
agreed to, looking to the revision of all the laws in the District of
Columbia providing for the arrest of persons as fugitives from service or
labor, and to consider the expediency of abolishing slavery in the
District.[352]
On December 9, 1861, Mr. Bingham introduced a resolution for the repeal
of all acts in force in the District of Columbia which authorized the
commitment of runaways and suspected runaways to the jail; it was
referred to the Committee on the Judiciary.[353] Mr. Fessenden asked that
the Committee on the District of Columbia investigate and report upon the
condition of the jail; this was agreed to.[354]
A few weeks later, December 30, 1861, Mr. Grimes presented a bill in the
Senate in regard to the administration of criminal justice in the
District. This was read and referred to the committee, which reported it,
January 6, 1862.[355] Efforts were immediately made to prevent fugitive
slaves from being included in the general jail delivery contemplated by
the bill. Mr. Powell, in the debate upon his amendment to that purpose,
urged that so long as the institution of slavery existed in the South, no
such measure ought to prevail.[356] Mr. Grimes supported his measure by
giving some examples of exceedingly unjust cases which had occurred. "A
young colored fellow, who came as a servant of an officer from the
vicinity of Pittsburg, was thrown into this jail in August last. The
regiment to which he was attached went forward toward the face of the
enemy. There was nobody here to look after him. There is no doubt as to
his being a free boy, yet he was there on the first day of this month."
To such cases he desired to have the law apply. "They have here in this
District and in Maryland what they call an apprehension fee. They have a
law which declares that if any slave wanders a certain distance from the
residence of his master, he may be taken up as a fugitive. There are
persons in this vicinity, I am credibly informed, who are lying in wait
all around your city and the surrounding country, in hope that they can
find some poor colored man or woman who is out picking berries and
visiting a friend, and who will wander a little further than the distance
established by law from the residence of the master."[357] The opinion
that such injustice ought to be corrected prevailed, and the amendment
was rejected. After much discussion the bill passed the Senate, January
14, 1862,[358] and it was approved by the President on the same day.
Thenceforward the Fugitive Slave Law was practically a dead letter at the
seat of government, since the necessary machinery was lacking, and the
spirit of the administration was opposed to it. The new act was in effect
a national personal liberty bill.
=Sec. 98. Abolition of slavery in the District of Columbia.=--The work
contemplated by all the propositions was finally accomplished in one act.
On December 16, 1861, Mr. Wilson had offered a bill in the Senate for the
total abolition of slavery in the District of Columbia. It was reported
with amendments a few weeks after the passage of the act denying the use
of jails, and on February 24, 1862, Mr. Wilson presented a supplementary
bill.[359]
The debates upon this proposition were long and interesting. The South
regarded it as "an entering wedge of something more comprehensive and
radical,"[360] as preparatory to the abolition of slavery in the whole
country by Congress. The antislavery party rejoiced that at last an
opportunity had come for freeing the national capital from the disgrace
of slavery. The bill passed both houses, and was approved April 16,
1862.[361] By the final section of the act the black code of Maryland was
wiped out, and the severe local provisions against fugitives, which had
not been repealed by the previous act, were at last taken away. It
remained only to attack the last stronghold of the system,--the two acts
of 1793 and 1850.
=Sec. 99. Regulations against kidnapping.= In the act of April 16, 1862,
were included regulations against kidnapping,--a practice made easy by
the unsettled state of the country. It seems to have been largely carried
on not only by Southerners, but also by unprincipled soldiers connected
with the Union army. The Liberator of March 27, 1863, notices such a
case. Some men from the 99th Regiment of New York Volunteers kidnapped a
free colored man at Norfolk, Virginia. They took his horse, cart, and the
provisions which he had just bought, and offered him for sale to be sent
South. During the absence of his captors for a few moments, the man was
able to work off his bonds and to escape in the darkness. He immediately
went before a provost marshal, told his story, and recognized one of his
captors who was just entering the door. What the consequences of this
meeting were the "Liberator" does not tell us; but the impression is
given that the negro was saved from his pursuers.[362]
[Sidenote: Repeal of the Acts proposed.]
=Sec. 100. Repeal of the Fugitive Slave Acts.=--By the successive acts of
Congress and the President, the legal effect of the Fugitive Slave Laws
was now confined practically to the limited area of the Border States. No
officer, civil or military, could return a fugitive into the Confederate
lines. Slavery was forbidden in the District of Columbia, and there could
be no escapes thence; and Congress forbade the use of the jails of the
District for the confinement of fugitives from slaveholding regions. In
the free States the rendition of slaves, though still legally required,
had long since ceased. The final step was delayed till 1864.
=Sec. 101. Early propositions to repeal the acts.=--Repeal, however, was
preceded by many earlier propositions. The Committee on the Judiciary, to
which was referred Mr. Howe's bill, presented December 26, 1861,[363] did
not report until 1863, and then with the opinion that it ought not to
pass. In introducing his repeal measure, Mr. Howe spoke of the bill of
1850 as one "which has probably done as much mischief as any other one
act that was ever passed by the national legislature. It has embittered
against each other two great sections of the country."[364] To take away
the law of 1850 would leave in force the act of 1793, which was "good
enough."
June 9, 1862, soon after the passage of the acts on the District of
Columbia, Mr. Julian presented in the House another repeal bill, which
was referred to the Committee on the Judiciary.[365] As the war
progressed, and the antislavery sentiment began to outweigh all others,
it became evident that the old law could not much longer obtain.
Nevertheless the question was set aside during the session of 1862-63,
but in 1863-64 five bills were introduced looking to the repeal of the
acts.[366]
Mr. Morris, from the committee to whom all bills for repeal had been
referred, reported a substitute for them, June 6, 1864, and this was the
basis of the final action of Congress.[367]
[Sidenote: Discussion of Repeal Bills.]
=Sec. 102. Discussion of the repeal bill in the House.=--Had the country
been divided simply into two parts, the slaveholding Southern Confederacy
and the free loyal North, little discussion could have arisen. The third
element, the slaveholding States which remained firm for the Union,
rendered the question far more complex. The bill therefore aroused much
indignation. Mr. Mallory demanded, as an act of justice to his State,
that "the Fugitive Slave Act be permitted to remain on the statute-book.
If you say it will be a dead letter, so much less excuse have you for
repealing it, and so much more certainly is the insult and wrong to
Kentucky gratuitous. This act, by which you declare your intention not to
obey the injunction of the Constitution is wanton and useless, except for
the purpose of bravely exhibiting your contempt for that instrument."
"The framers of the Constitution gave us the right to reclaim fugitive
slaves. It was conceded not as a favor, but as a right." "Kentucky has
remained true to her faith pledged to the government, and I warn you not
to persevere in inflicting on her insult and outrage."[368]
Again, one of the reasons for the departure of the Southern States, was
the "bad faith of the Northern States,--the fatal infringement of this
part of the Constitution. It was because of Personal Liberty bills, John
Brown raids, and general denunciation and intermeddling with
slavery."[369] Many members urged that there could be no more reckless
action than to show to the Border States an apparent disregard of the
Constitution. Mr. Cox considered the law the only refuge left to a
certain class of citizens to protect their "rights." It would be like
saying to them, We place the penalty of the treason of the revolted
slaveholders on your innocent heads. "We add to your calamities the
ingratitude and treachery of the government to which you have
adhered."[370]
The final discussion, June 13, opened with a long speech by Mr. King. The
old arguments from the Constitution, the far-seeing wisdom of the
fathers, the opinion of the Supreme Court in the Prigg case, and the harm
done the Border States, were again rehearsed.[371]
In answer to Mr. King, Mr. Hubbard denied that the Constitution provided
for the enactment of a law by Congress, and in any case, the treason of
slavery had already absolved the people from any such obligation. It
surely must be competent for this Congress to repeal any act which a
previous Congress had enacted. For yet another reason the law should be
repealed. Negro soldiers must be enlisted: "You cannot draft black men
into the field, while your marshals are chasing women and children in the
woods of Ohio with a view to render them back into bondage. The moral
sense of the nation, ay, of the world, would revolt at it."[372] Again,
this would make a conflict in our laws, said Mr. Morris. A colored man
might enlist in our army, then, under the Fugitive Slave Law, "he might
be seized and remanded to slavery; and as a further consequence, dealt
with as a deserter from his post of duty."[373] It was also urged that
unless slavery was to survive the war, the two acts were useless and
obsolete statutes, which ought to be wiped out of existence. No one who
believes that slavery is dead would desire to keep such a guaranty of the
institution.[374] Mr. Hubbard then demanded the yeas and nays on the
passage of the bill. It was declared in the affirmative, yeas 82, nays
57, and thus the repeal was successfully carried in the House.[375]
=Sec. 103. Repeal bills in the Senate.=--Mr. Sumner had already reported a
repeal bill from the Committee on Slavery and Freedom in the Senate,
February 29, 1864.[376] The progress of the bill was so delayed by the
opposition, that Mr. Sumner at last gave notice that he should take every
proper occasion to call up the bill, and press its consideration.[377]
In the debate several speeches were made against the measure, while Mr.
Sumner defended it. To the antislavery party the act was
constitutionally[378] and morally wrong, so against public sentiment that
it could seldom be enforced, and the question of its repeal was as plain
as a "diagram," "the multiplication table," or "the ten
commandments."[379] They desired to strike slavery wherever they could
hit it, and to "purify the statute-book, so that there should be nothing
in it out of which this wrong can derive any support." It should be
repealed for the sake of our cause in foreign lands.[380] "Since the
outbreak of the Rebellion this statute has been constantly adduced by our
enemies abroad as showing that we are little better than Jefferson Davis
and his slave-monger crew; for slavery never shows itself worse than in
the slave-hunter. It is a burden for our cause which it ought not to be
obliged to bear."
To retain the law of 1793, framed by the founders of the Republic, and
repeal the act of 1850 with its manifest injustice, was suggested as a
desirable compromise. Mr. Sherman, therefore, offered an amendment to
this effect, and it was accepted.[381] The friends of the measure then
felt that the bill as it stood was of little value to the antislavery
cause. Mr. Brown maintained that it was really a proposition to reinstate
slavery in its fastness in the Constitution. "The civilized world, when
it beholds the spectacle of the American Senate going back for three
quarters of a century to resurrect a statute of slave-catching, and pass
it anew with their indorsement, will credit very little all your talk
about freedom. The act will give the lie to all argument."[382]
Before further action was taken on Mr. Sherman's bill, the repeal bill
from the House came before the Senate, and was reported from the
committee, June 15, 1864. It was discussed for several days, but no new
arguments were offered, and, June 23, 1864, the bill passed the Senate by
a vote of 27 to 12.[383] On the 25th of June it received President
Lincoln's signature, and the Fugitive Slave Laws were swept from the
statute-book of the United States.[384]
[Sidenote: Repeal of the Acts.]
=Sec. 104. The repeal act and the thirteenth amendment.=--The act was a
simple one; it runs as follows:--
"Chap. CLXVI. An Act to repeal the Fugitive Slave Act of eighteen
hundred and fifty, and all Acts and parts of Acts for the rendition of
Fugitive Slaves.
"_Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled_, That sections three
and four of an act entitled 'An act respecting fugitives from justice,
and persons escaping from the service of their masters,' passed
February twelve, seventeen hundred and ninety-three, and an act
entitled 'An act to amend, and supplementary to, the act entitled An
act respecting fugitives from justice, and persons escaping from the
service of their masters, passed February twelve, seventeen hundred and
ninety-three,' passed September, eighteen hundred and fifty, be and the
same are hereby repealed.
"Approved, June 28, 1864."
The whole structure of statutes, decisions, and judicial machinery which
had been erected to compel by national authority the people of free
States to share in the responsibility for slavery, was at last
overthrown. But the constitutional obligation remained; so long as a
slave anywhere existed, the neighboring States were bound to pursue him,
if he ran away, and might by statute provide for his return. The final
step was therefore to complete the work of legal emancipation by the
thirteenth amendment to the Constitution. On January 31, 1865, Congress
voted to submit the following article to the States for their approval
and ratification: "Art. XIII. Neither slavery nor involuntary servitude,
except as a punishment for crime, whereof the party shall have been duly
convicted, shall exist within the United States or any place subject to
their jurisdiction." On December 18, 1865, the Secretary of State
proclaimed that the amendment had been approved by twenty-seven of the
thirty-six States, and was consequently adopted.
=Sec. 105. Educating effect of the controversy.=--The first act of 1793 was
imperfect. It did not provide a national machinery whereby its provisions
could be executed, and many of the States by means of the personal
liberty laws refused to lend their officers and jails for the work. All
efforts to amend the law were unsuccessful until the great compromise of
1850 gave opportunity to pass a second act.
This new measure remedied certain defects in the first statute, and was
therefore more satisfactory to the slave-owners. As soon as it began to
be executed, however, its provisions were found to be so severe that the
trials and rescues it occasioned served only to educate the people to the
evils of slavery by bringing its effects close to them. Thus, far from
compelling the North to acquiesce in the system, it greatly increased the
number of Abolitionists. The arraying of the North and South against each
other in the Civil War intensified public sentiment upon the question,
and led more and more to a loose execution of the law. It was found
impracticable to return slaves to disloyal masters, and a law to prevent
any such return was the next step toward the doing away of the whole
system. Next came the question of the duty and power of the general
government, within its exclusive jurisdiction: in 1862 all responsibility
was disavowed. By this time the force of the law extended only to the
loyal slave States, and the force of public opinion in 1864 withdrew the
last statutory safeguard of slavery under the Constitution. A change in
the text of the Constitution finally took away the force of the clause on
which the return of fugitives was based.
We can see, at this distance, how clearly slavery was doomed to
destruction, from the time the two sections first made it an issue in
1820; but there was no relation arising out of slavery except the
territorial question which did so much as the fugitive slave controversy
to hasten the downfall of the system. The contrast between the free
principles of democratic government and human bondage was forced upon the
attention of the North by the pursuit of fugitives in their midst. Yet
without national machinery for the recapture of runaways the institution
could not have long been maintained. There is no evidence that the North
was profoundly stirred by the horrors of slavery before 1850; it was only
when the North was called upon, in the Territories, and through the
Fugitive Slave Law, to give positive aid to the system that the
antislavery movement grew strong. Fugitive slaves and fugitive slave laws
helped to destroy slavery.
[Footnote 302: Ableman v. Booth, 3 Wis., 1.]
[Footnote 303: Globe, 1860-61, p. 356, App. 197.]
[Footnote 304: Globe, 1860-61, (Baker) 228, (Burnham) 970.]
[Footnote 305: Senate Journal, 36 Cong. 2 Sess., p. 18. Appendix C, No.
1.]
[Footnote 306: House Journal, 36 Cong. 2 Sess., p. 60; Congr. Globe, 36
Cong. 2 Sess., 77. Appendix C, Nos. 2-12. For a list of proposed
constitutional amendments bearing on fugitive slaves, I am indebted to
Mr. H. V. Ames, of the Harvard Graduate School, who has kindly furnished
me transcripts from his material for a forthcoming monograph on proposed
amendments to the Constitution.]
[Footnote 307: Cong. Globe, 3 Cong. 2 Sess., 114. Appendix C, Nos.
2-12.]
[Footnote 308: House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 36
Cong. 2 Sess., 79. Appendix C, No. 10.]
[Footnote 309: House Journal, 36 Cong. 2 Sess., 67; Cong. Globe, 36
Cong. 2 Sess., 77. Appendix C, No. 3.]
[Footnote 310: House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 36
Cong. 2 Sess., 78. Appendix C, No. 11.]
[Footnote 311: Cong. Globe, 36 Cong. 2 Sess., 1328.]
[Footnote 312: Appendix C, No. 25.]
[Footnote 313: Liberator, Nov. 1, 1861; Edw. L. Pierce, in Atlantic
Monthly, November, 1861.]
[Footnote 314: Cong. Globe, 36 Cong. 2 Sess., 1076.]
[Footnote 315: Cong. Globe, 36 Cong. 2 Sess., 1077.]
[Footnote 316: Cong. Globe, 37 Cong. 1 Sess., 218. Appendix C, Nos. 30,
31.]
[Footnote 317: Cong. Globe, 37 Cong. 1 Sess., 219.]
[Footnote 318: Cong. Globe, 37 Cong. 1 Sess., 412.]
[Footnote 319: House Journal, 37 Cong. 1 Sess., 197; Cong. Globe, 409,
410. Appendix C, No. 31.]
[Footnote 320: Senate Journal, 37 Cong. 1 Sess., 178; Cong. Globe, 434.
Appendix C, No. 31.]
[Footnote 321: Cong. Globe, 37 Cong. 1 Sess., 454. Appendix C, No. 31.]
[Footnote 322: Appendix C, Nos. 37, 40, 44.]
[Footnote 323: Appendix C, No. 52.]
[Footnote 324: Appendix C, No. 59. Referred to the Committee on the
Judiciary, and reported by them, April 16, 1862. Appendix C, No. 67.]
[Footnote 325: Cong. Globe, 37 Cong. 2 Sess., 944.]
[Footnote 326: Cong. Globe, 37 Cong. 2 Sess., 946.]
[Footnote 327: Appendix C, No. 71.]
[Footnote 328: Appendix C, No. 72.]
[Footnote 329: Appendix C, No. 73. Previous bills introduced by Mr.
Eliot had been unfavorably reported on by the Judiciary Committee.
Appendix C, No. 69.]
[Footnote 330: Appendix C, No. 75.]
[Footnote 331: Appendix C, No. 78.]
[Footnote 332: Appendix C, No. 78.]
[Footnote 333: Appendix C, No. 79.]
[Footnote 334: Appendix C, No. 79.]
[Footnote 335: Liberator, July 19, 1861; Appendix D, No. 68.]
[Footnote 336: Williams, History of Negro Race in America, 245; Appendix
D, No. 69.]
[Footnote 337: Appendix C, Nos. 36, 43, 44, 46, 47, 48.]
[Footnote 338: Appendix C, No. 35.]
[Footnote 339: Appendix C, No. 66.]
[Footnote 340: Appendix C, No. 41.]
[Footnote 341: Cong. Globe, 37 Cong. 2 Sess., 110; Appendix C, No. 42.]
[Footnote 342: Cong. Globe, 37 Cong. 1 Sess, 130.]
[Footnote 343: Cong. Globe, 37 Cong. 1 Sess., 130.]
[Footnote 344: Appendix C, No. 47.]
[Footnote 345: Appendix C, No. 48.]
[Footnote 346: Appendix C, No. 58.]
[Footnote 347: Cong. Globe, 37 Cong. 2 Sess., 955.]
[Footnote 348: Cong. Globe, 37 Cong. 2 Sess., 956.]
[Footnote 349: Liberator, May 1, 1863 Extract from Frankfort
Commonwealth.]
[Footnote 350: Appendix C, No. 33.]
[Footnote 351: Cong. Globe, 37 Cong. 2 Sess., 10.]
[Footnote 352: Appendix C, No. 33.]
[Footnote 353: Appendix C, No. 39.]
[Footnote 354: Appendix C, No. 38.]
[Footnote 355: Cong. Globe, 37 Cong. 2 Sess., 182; Appendix C, No. 51.]
[Footnote 356: Cong. Globe, 37 Cong. 2 Sess., 313.]
[Footnote 357: Cong. Globe, 37 Cong. 2 Sess., 264.]
[Footnote 358: Appendix C, No 51.]
[Footnote 359: Appendix C, Nos. 42, 54, 56.]
[Footnote 360: Wilson, Rise and Fall of the Slave Power in America, iii.
273.]
[Footnote 361: Appendix C, Nos. 62, 65.]
[Footnote 362: Appendix D, No. 68.]
[Footnote 363: Appendix C, No. 49.]
[Footnote 364: Cong. Globe, 37 Cong. 1 Sess., 1356.]
[Footnote 365: Appendix C, No. 76.]
[Footnote 366: Three bills were introduced in the House on the same day,
December 14, 1863, by Messrs. Stevens, Julian, and Ashley. They were
read twice and referred. Appendix C, Nos. 104, 106. Before the final
consideration of the subject, on February 8, 1864, two more bills were
introduced in Congress, Mr. Sumner's in the Senate, and Mr. Spalding's
in the House. The former went to the Committee on the Judiciary, the
latter to the Select Committee on Slavery and Freedom. Appendix C, No.
80.]
[Footnote 367: Appendix C, No. 80.]
[Footnote 368: Cong. Globe, 38 Cong. 1 Sess., 2774, 2775.]
[Footnote 369: Cong. Globe, 38 Cong. 1 Sess., 2914.]
[Footnote 370: Cong. Globe, 38 Cong. 1 Sess., 2914.]
[Footnote 371: Cong. Globe, 38 Cong. 1 Sess., 2911.]
[Footnote 372: Cong. Globe, 38 Cong. 1 Sess., 2913.]
[Footnote 373: Cong. Globe, 38 Cong. 1 Sess., 2919.]
[Footnote 374: Cong. Globe, 38 Cong. 1 Sess., 2917.]
[Footnote 375: Cong. Globe. 38 Cong. 1 Sess., 2920.]
[Footnote 376: Senate Journal, 38 Cong. 1 Sess., 196; Cong. Globe, 38
Cong. 1 Sess., 869; Appendix C, No. 80.]
[Footnote 377: Cong. Globe, 38 Cong. 1 Sess., 1175.]
[Footnote 378: Cong. Globe, 38 Cong. 1 Sess., 1710.]
[Footnote 379: Cong. Globe, 38 Cong. 1 Sess., 1709.]
[Footnote 380: Cong. Globe, 38 Cong. 1 Sess., 1713.]
[Footnote 381: Senate Journal, 38 Cong. 1 Sess., 348; Cong. Globe, 38
Cong. 1 Sess., 1710, 1714.]
[Footnote 382: Cong. Globe, 38 Cong. 1 Sess., 1752.]
[Footnote 383: Cong. Globe, 38 Cong. 1 Sess., 3191; Appendix C, No. 83.]
[Footnote 384: Appendix C, No. 116.]
APPENDIX A.
COLONIAL LAWS RELATIVE TO FUGITIVES.
The precise text is quoted in each case. The figures in brackets [] refer
to paragraphs in the text. The sign (¤) indicates that the full text is
to be found in the reference cited.
=1. New Netherlands:--Running away from Patroons. [Sec. 2].=
=1629, June 7.= Freedoms and exemptions. Granted by the West India
Company to all Patroons, Masters or Private Persons who will plant
Colonies in New Netherlands.--"XVIII. The Company promise the colonists
of the Patroons.... XIX.--And any Colonist who shall leave the service
of his Patroon and enter into the service of another, or shall, contrary
to his contract, leave his service, we promise to do everything in our
power to apprehend and deliver the same into the hands of his Patroon or
attorney, that he may be proceeded against according to the customs of
this country, as occasion may require."--¤_Laws and Ordinances of New
Netherlands, 7._
=2. Massachusetts:--Capture and protection of servants. [Sec. 4.]=
=1630-1641.= "Acts respecting Masters, Servants, and Labourers."--"Sec.
3. It is also ordered, that when any servants shall run from their
masters, or any other inhabitants shall privily go away with suspicion
of evil intentions, it shall be lawful for the next magistrate, or the
constable and two of the chief inhabitants where no magistrate is, to
press men and boats or pinnaces at the publick charge, to pursue such
persons by sea and land, and bring them back by force of arms.... Sec.
6. It is ordered, and by this court declared; that if any servant shall
flee from the tyranny and cruelty of his or her master to the house of
any freeman of the same town, they shall be there protected and
sustained till due order be taken for their relief; provided due notice
thereof be speedily given to their master from whom they fled, and to
the next magistrate or constable where the party so fled is
harboured."--¤_Charters and General Laws of the Colony and Province of
Massachusetts Bay, 155._
=3. New Netherlands:--Runaway servants. [Sec. 6.]=
=1640, Aug. 7.= "Ordinance of the Director and Council of New
Netherland, against Fugitives from Service, and providing for the proper
drawing up of Legal Instruments." Passed 9 August, 1640. "Whereas many
Servants daily run away from their masters, whereby the latter are put
to great inconvenience and expense; the Corn and Tobacco rot in the
field and the whole Harvest is at a stand still, which tends to the
serious injury of this country, to their Masters' ruin, and to bring the
magistracy into contempt. We, therefore, command all farm and house
Servants faithfully to serve out their time with their Masters according
to their contracts and in no manner to run away, and if they have any
thing against their masters, to come to Us and make application to be
heard in due form of Law, on pain of being punished and of making good
all losses and damages of their Masters and serving double the time they
may lose.... We do, also, forbid all inhabitants of New Netherland to
harbor or feed any of these Fugitive Servants under the penalty of Fifty
guilders, for the benefit of the Informer; 1/3 for the new Church and
1/3 for the Fiscal." Dated as above.--¤_Laws and Ordinances of New
Netherlands, 32._
=4. Maryland:--Runaway apprentices felons.=
=1642, March 26.= Act against Fugitives.--"It shall be felony in any
apprentice Servant to depart away secretly from his or her Master or
dame then being with intent to convey him or her Selfe away out of the
Province. And on any other person that shall wittingly accompany such
Servant in such unlawfull departure as aforesaid. And the offendors
therein shall suffer paines of death, and after his due debts paid shall
forfeit all his Lands, goods, & Chattels within the Province. Provided,
that in Case his Lordship or his Leivt't-Generall shall at the request
of the partie so condemned exchange such pains of death into Servitude,
that then such exchange shall not exceed the term of Seaven years, and
that the Master or dame of the parties so pardoned of death shall first
be satisfied for the terme of such parties Service unexpired from the
day of such unlawfull departure, and for double the time of his absence
dureing his said departure."--¤_Archives of Maryland, Assembly
Proceedings, 124._
=5. New Netherlands:--Against harboring fugitive servants. [Sec. 6].=
=1642, April 13.= "We have interdicted and forbidden, as we do hereby
most, expressly interdict and forbid, all our good inhabitants here,
from this time henceforward, lodging any strangers in their houses, or
furnishing them more than one meal and harboring them more than one
night without first notifying the Director," etc.--¤_Laws and Ordinances
of New Netherlands, 32._
=6. Virginia:--Entertainment of fugitives. [Sec. 3].=
=1642-3, March.= Act XXI. "Whereas complaints are at every quarter court
exhibited against divers persons who entertain and enter into covenants
with runaway servants and freemen who have formerly hired themselves to
others, to the great prejudice if not the utter undoeing of divers poor
men, thereby also encouraging servants to runn from their masters and
obscure themselves in some remote plantation. Upon consideration had for
the future preventing of the like injurious and unjust dealings, _Be it
enacted and confirmed_ that what person or persons soever shall
entertain any person as hireling, or sharer, or upon any other
conditions for one whole yeare, without certificate from the commander
or any one commissioner of the place, that he or she is free from any
ingagement of service. The person so hireing without such certificate as
aforesaid, shall for every night that he or she entertaineth any
servant, either as hireling or otherwise, fforfeit to the master or
mistris of the said servant twenty pounds of tobacco. And for evrie
freeman which he or she entertaineth (formerly hired by another) for a
year as aforesaid, he or she shall forfeit to the party who had first
hired him twenty pound of tobacco for every night deteyned. And for
every freeman which he or she entertaineth (though he hath not formerly
hired himselfe to another), without certificate as aforesaid, And in all
these cases the party hired shall receive such censure and punishment as
shall be thought fitt by the Governor and Counsell: Allways provided
that if any such runnaway servants or hired freemen shall produce such a
certificate, wherein it appears that they are freed from their former
masters service, or from any such ingagement respectively, if afterwards
it shall be proved that the said certificates are counterfeit then the
retayner not to suffer according to the penalty of this act, But such
punishment shall be inflicted upon the forger and procurer thereof as
the Governor and Council shall think fitt."--¤_Statutes at Large.
Hening, Laws of Virginia, I. 253._
=7. Virginia:--Runaway servants. [Sec. 3.]=
=1642-3, March.= Act XXII. "_Be it therefore enacted and confirmed_ that
all runaways that shall absent themselves from their said master's
service shall be lyable to make satisfaction by service at the end of
their tymes by indenture (vizt.) double the tyme of service soe
neglected, and in some cases more if the commissioners for the place
appointed shall find it requisite and convenient. And if such runaways
shall be found to transgresse the second time or oftener (if it shall be
duely proved against them), that then they shall be branded in the cheek
with the letter R. and passe under the statute of incorrigible
rogues."--¤_Statutes at Large. Hening, Laws of Virginia, I. 254._
=8. New England Confederation:--Articles of Confederation. [Sec. 8.]=
=1643, Aug. 29.= VIII. "It is also agreed that if any servant runn away
from his master into any other of these confederated Jurisdiccons, That
in such Case, vpon the Certyficate of one Magistrate in the Jurisdiccon
out of which the said servant fled, or upon other due proofe, the said
servant shalbe deliuered either to his Master or any other that pursues
and brings such Certificate or proufe."--¤_Plymouth Colony Records, IX.
5._
=9. Connecticut:--Servants and apprentices.=
=1644, June 3.= "Whereas many stubborn, refrectary and discontented
searuants and apprentices with drawe themselves from their masters
searuices, to improue their tyme to their owne aduantage; for the
preuenting whereof, It is Ordered, that whatsoeuer searuant or
apprentice shall heareafter offend in that kynd, before their couenants
or terme of searuice are expiered, shall searue their said Masters, as
they shall be apprehended or retayned the treble terme, or threefold
tyme of their absense in such kynd."--¤_Connecticut Records, I. 105._
=10. New Netherlands:--Entertainment of runaways.=
=1648, Oct. 6.= Ordinance of the Director and Council of New Netherland
against Fugitives from Service. Passed 6 October, 1648.--"The Director
General and Council hereby notify and warn all persons against harboring
or entertaining any one bound to service either to the Company or to any
private individual here or elsewhere, and against lodging or boarding
them at most longer than twenty-four hours, and if any one shall be
found to have acted contrary hereto, he shall forfeit a fine of fl. 150,
to be paid to whomsoever will make the complaint and it may
appertain."--¤_Laws and Ordinances of New Netherlands, 104._
=11. Maryland:--Against fugitives.=
=1649.= _Archives of Maryland, Assembly Proceedings, 249._
=12. Maryland:--Against fugitives.=
=1654, Oct.= _Archives of Maryland, Assembly Proceedings, 348._
=13. Virginia:--Penalty for second offence.=
=1655-6, March.= "Act XI. _Be it enacted by this Grand Assembly_ that if
any runnaway servant offend the second time against the act in March,
1642, concerning runnaway servants, that he shall not onely be branded
with the letter R., and passe under the statute for an incorrigible
rogue, but also double his time of service so neglected, and soe
likewise double the time that any time afterward he shall neglect, and
in some cases more if the Commissioners think fitt: And be it further
enacted by the authority aforesaid, that he or she that shall lodge or
harbour any such runnaway shall not only pay 20 lb. of tobacco per
night, but also 40 lb. of tobacco per day so long as they shall be
proved to entertaine them, contrary to an act of assembly in March,
1642."--¤_Statutes at Large. Hening, Laws of Virginia, I. 401._
=14. New Netherlands:--Treaty with United Colonies. [Sec. 11.]=
=1656.= Resolution of the States General ratifying the treaty of
Hartford, passed February 22, 1656.--"Respecting Fugitives. It is agreed
that the same method shall be observed between the United English
Colonies and the Dutch nation in this country of New Netherland,
agreeably to the eighth Article of the confederation between the United
English Colonies in that case provided."--¤_Laws and Ordinances of New
Netherlands, 216._
=15. City of Amsterdam:--Runaway colonists banished.=
=1656, December.= Articles and Ordinances revised and enacted by the
Right Honorable the Lords Burgomasters of the City of Amsterdam,
according to which shall be engaged and sworn all those who shall
hereafter enter the service of the Lord's Burgomasters of the City of
Amsterdam, for the purpose of going with their own, or chartered ships
to New Netherlands and the limits of the West India Company's Grant,
etc. Passed December, 1656.--"Whoever runs off to the French, English,
or any other Christian or Indian neighbors by whatsoever name they may
be called, shall, in addition to the forfeiture of all his monthly pay
to the City, be banished forever from New Netherland as a perjured
villain, and if he afterward come to fall into the hands of the City, he
shall, without any consideration, be punished by death or otherwise,
according to the exigency of the case."--¤_Laws and Ordinances of New
Netherlands, 273._
=16. Virginia:--Entertainment of runaways.=
=1657-8, March.= Act XV. Concerning Hireing Servants. Thirty pounds of
tobacco shall be paid for every night a servant or person without a
certificate is entertained.--_Statutes at Large. Hening, Laws of
Virginia, I. 439._
=17. Virginia:--Punishment of runaways.=
=1657-8, March.= Act XVI. Against Runnaway Servants. Runnaways shall
double the time of service absent at the end of their time of indenture.
For the second offence they shall be branded with the letter R. and
double the time lost.--_Hening, Laws of Virginia, I. 440._
=18. Virginia:--Huie and crie after runaways.=
=1657-8, March.= "Act CXIII. Concerning Huie and cries. Whereas huy and
cries after runnaway servants hath been much neglected to the greate
damage and loss of the inhabitants of this colloney, _Bee it therefore
enacted and confirmed by the anthorite of this present Grand Assembly_,
that all such huy and cries shall be signed either by the Governor or
some of the Councill, or under the hand of some com'r, nameing the
county where the said com'r lives, and the same shall be conveyed from
house to house with all convenient speed according as the direction
thereof expresseth: And every com'r of each county unto whose house by
this meanes the said huy and crie shall come shall then date and
subscribe the same, And the master of every house that shall make
default in the speedy conveyance of any such huies and cries shall for
every such default forfeit and pay unto the owners of any such runnawaie
as the said hues and cries shall mention, one hundred pounds of tobacco,
and where the said runnawaie servant is found he shall be apprehended
and sent from constable to constable untill such runnawaie or runnawayes
shall be delivered to his or theire master or mistresse, and if any
neglect can be proved against the constable hee to be fined three
hundred and fiftie pounds of tobacco."--¤_Statutes at Large. Hening,
Laws of Virginia, I. 483._
=19. New Netherlands:--Runaway servants.=
=1658, April 9.= Ordinance of the Director General and Council of New
Netherland renewing sundery Ordinances therein mentioned. Passed 9
April, 1658.--"13thly, not to debauch or incite any person's servants,
male or female, or to harbor them, or fugitives and strangers, longer
than 24 hours without notifying the Fiscal, Magistrates, or Schouts, and
all servant men and women remaine bound to fulfill and complete their
contracts, on pain of arbitrary correction, according to the Ordinance
of the 6 October, 1648."--¤_Laws of New Netherlands, 344._
=20. Virginia:--How to know a runnaway servant. [Sec. 3.]=
=1658-9, March.= Act III. "_It is enacted and ordained_ that the master
of everie such runaway shall cutt, or cause to be cutt, the hair of all
such runnawayes close above their ears, whereby they may be with more
ease discovered and apprehended."--¤_Statutes at Large. Hening, Laws of
Virginia, I. 517._
=21. Virginia:--Payment of Dutch shipmasters.=
=1659-60, March.= Act XV. An Act for the Pay of Dutch Masters bringing
in Runnaway Servants. Whenever a master shall refuse to pay the cost of
returning a runnaway from the Dutch, the payment shall be made by the
secretary at his office.--_Statutes at Large. Hening, Laws of Virginia,
I. 539._
=22. Virginia:--Apprehension of runaways.=
=1660-61, March.= Act X. Apprehending of Runnawayes.--"Whereas the
pursuit and takeing of runnaways is hindered chiefly by the neglect of
constables in making search according to their warrants, _Bee itt
enacted_ that every constable shall make diligent search and inquiry
through his precincts, and what constable soever shall upon search
apprehend such runaways shall receive from the master of the servant for
his encouragement two hundred pounds of tobaccoe, and if any constable
shall neglect he shall be fined three hundred and fifty pounds of
tobaccoe and caske according to former act."--¤_Statutes at Large.
Hening, Laws of Virginia, II. 21._
=23. Virginia:--English runnaway with negroes. [Sec. 3.]=
=1660-1, March. Act XIII.= "_Bee itt enacted_ that in case any English
servant shall runaway in company with any negroes who are incapable of
making satisfaction by addition of time, Bee itt enacted that the
English so running away in company with them shall serve for the time of
the said negroes absence as they are to do for their owne by a former
act"--¤_Hening, Laws of Virginia, II. 26._
=24. Virginia:--Glocester to have jurisdiction over runaways.=
=1660-1, March.= It was ordered that the county of Glocester have the
power to make such laws for the recovering of runaways as shall be found
necessary and convenient.--_Statutes at Large. Hening, Laws of Virginia,
II. 35._
=25. Virginia:--Runaway servants.=
=1661-2, March.= Act CII. Runaways.--Penalties for running away are the
same as in former acts. English servants if running away with negroes,
and the negroes die or be lost, shall pay either four thousand five
hundred pounds of tobacco and caske, or four years service for every
negro so lost or dead.--_Hening, Laws of Virginia, II. 117._
=26. Maryland:--Against runaways.=
=1662.=_ Maryland Archives, Assembly Proceedings, 451._
=27. Virginia:--Pursuit of runaways to the Dutch.=
=1663, September.= Act VIII. "An Act concerning the pursuit of
runawayes." It is enacted that runaways are to be pursued at the public
expense, and, if they have escaped to the Dutch, letters are to be
written to the Governors of those Plantations to return the runaways.
Expenses are to be paid according to the provisions of a former
act.--_Statutes at Large. Hening, Laws of Virginia, II. 187._
=28. Maryland:--Against English servants.=
=1663, October.= _Maryland Archives, Assembly Proceedings, 489._
=29. New Netherlands:--Quakers, etc. refused admission to colony.=
=1663, May 17.= Ordinance of the Director General and Council of New
Netherland prohibiting the bringing of Quakers and other Strollers into
New Netherland. Passed 17 May 1663.--"The Director General and Council,
therefore, do hereby Order and command all Skippers, Sloop captains and
others, whomsoever they may be, not to convey or bring, much less to
land within this government, any such Vagabonds, Quakers and other
Fugitives, whether Men or Women, until they have first addressed
themselves to the government, etc.... on the pain of the Importers
forfeiting a fine of Twenty pounds Flemish for every person,"
etc.--¤_Laws and Ordinances of New Netherlands, 439._
=30. Virginia:--Entertainment of runaways.=
=1666, October.= Act IX. "An act against entertayners of runaways."
Penalty for entertaining runaways increased to sixty pounds of tobacco
for every day and night he or they shall be harbored.--_Statutes at
Large. Hening, Laws of Virginia, II. 239._
=31. Maryland:--Runaways and their entertainers.=
=1666, May.= "An Act providing against Runaways, and all such as shall
Entertayn them. Whereas there was an act providing against Runnawaies
made in the year 1650, and another act made in the year 1662, both which
acts being adjudged insufficient Satisfaccion for the reparacion of
their respective Masters, mrssrse, Dame, or overseers damages sustained
by their servt running from them, Be it enacted by the right hon'ble,
the Lord Proprietary, by and with the consent of the upper and Lower
House of this present general assembly, that from and after the
publicacion hereof any Servant or Servants whatsoever unlawfully
absenting themselves from their said Master, Mistress, Dame, or
overseer, shall serve for every day 10. And be it further enacted by the
Authority aforesaid that any Master, Mistress, dame, or Overseer that
shall entertain any servant unlawfully absenting himselve as aforesaid,
having been forewarned by the Master, mistress, Dame, or Overseer of the
said servant, shall be fined for the first night five hundred pounds of
Casked tobacco, for the second one thousand pounds of casked tobacco,
for every other night fifteen hundred pounds of casked tobacco, the one
half to the Lord Proprietor, the other to the informer, or them that
shall sue for the same within any Court of Record within this province,
to be Recovered by action of debt, plaint or Informacion wherein no
Essoyne, protection or wager of Lawe to be allowed, Provided that this
Act nor anything therein conteynd shall not be adjudged to the predudice
of any person or persons that shall apprehend any Runaway servants who
are hereby required to use the best endeavors to Convey them to their
owners or next justice of the peace to be conveyed from constable to
constable until they be delivered to their said owners, if then living
within this province. This act to continue for 3 years, or to the end of
the next general assembly which shall first come."--¤_Maryland Archives,
Assembly Proceedings, 147._
=32. New Jersey--Fugitive servants.=
=1668, May 30.= Acts passed and assented unto by the Governor, Council,
and Burgess of the General Assembly of the Province of New-Caesarea, or
New Jersey, the 30th Day of May, Anno Domini 1668.--"Concerning
Fugitives, It is Enacted by the same Authority, that every Apprentice
and Servant that shall depart and absent themselves from their Master
and Dames, without leave first obtained, shall be judged by the Court to
double the Time of such their Absence, by future Service over and above
other Damages and costs which Master and Dame shall sustain by such
unlawful Departure.
"And it is also enacted, that whosoever shall be proved to have
transported, or to have contrived the Transportation of any such
Apprentice or Servant shall be fined _Five Pounds_, and all such Damages
as the Court shall Judge, and that the Master or Dame can make appear,
and if not able, to be left to the Judgement of the Court."--¤_New
Jersey Laws, 82._
=33. Virginia:--Runaways.=
=1668, September.= Act IV. About Runawayes. Moderate corporal punishment
inflicted by the master or magistrate shall not deprive the master of
the satisfaction allowed by the law.--_Statutes at Large, Hening, Laws
of Virginia, II. 266._
=34. Virginia:--Runaways.=
=1669, October.= Act VIII. Against Runawayes. "_Be it therefore enacted_
that whosoever apprehends any runaways, whether servant by indenture,
custome or covenant, not haveing a legall passe, by those in every
county that shall be appointed to give passes, or a note from his
master, shall have a thousand pounds of tobacco allowed him by the
publique, which tobacco shall be repaid by the service of the servant to
the country when free from his master, and by the hired ffreeman
immediately after expiration of his covenant to the man that
apprehends."
"_And be it further enacted_ that he that takes up such runaway is
hereby enjoyned first to carry him before the next justice who is to
take cognizance of his good service, and to certify it in the next
assembly, and then to deliver him to the constable of the parish where
that justice dwells, who is to convey him to the next constable, till he
be retorned to his master, and that each constable upon receipt of such
runaway give his receipt, and if escape be made from any constable, the
delinquent constable to pay one thousand pounds of tobacco; and for the
reimbursing the publique with the tobacco disbursed to the taker
up."--¤_Statutes at Large. Hening, Laws of Virginia, II. 273._
=35. Virginia:--Apprehension of Runaways.=
=1670, October.= Act I. An Act concerning runaways. Reward for
apprehending runaways is reduced to two hundred pounds of tobacco.
Servants are to serve four months for every two hundred pounds of
tobacco. Masters who fail to cut their servants' hair after twice
running away shall be fined two hundred pounds of tobacco. Every
constable through whose hands a runaway passes is to whip the servant
severely. Constables allowing runaways to escape shall pay four hundred
pounds of tobacco. Masters must not allow their servants to go free
until the time of service has been worked out.--_Statutes at Large.
Hening, Laws of Virginia, II. 277._
=36. Virginia:--Reward to the first taker up of runaways.=
=1670, October.= Act XIII. Runawayes. Only the first taker up of a
runaway shall be rewarded.--_Statutes at Large. Hening, Laws of
Virginia, II. 283._
=37. Virginia:--Apprehension of Runaways. [Sec. 8.]=
=1672, October.= Act VIII. An Act for the apprehension and suppression
of runawayes, negroes and slaves. Runaways resisting may be killed or
wounded, and if they die from the effects of a wound the public shall
pay the owner, but the person inflicting the injury is not to be
questioned. Indians shall be rewarded by twenty armes length of Roanoake
or the value thereof in goods for the apprehension of a runaway. Act is
to continue in force only until the next assembly.--_Statutes at Large.
Hening, Laws of Virginia, II. 299._
=38. Maryland:--Apprehension of runaways.=
=1671, April.= The three acts of 1650, 1662, and 1666 have not proved
sufficient encouragement to people to apprehend runaways, therefore a
statute against runaways and such persons that shall give them
entertainment and others that shall travel without passes is
enacted.--_Maryland Archives, Assembly Proceedings, 298._
=39. New Jersey:--Fugitive servants and apprentices.=
=1675, November.= "XXXIII. Concerning Fugitives, It is enacted by the
same Authority, that every Apprentice and Servant that shall depart and
absent themselves from their Masters or Dames, without leave first
obtaind, shall be judged by the court to double the Time of such their
Absence, by future Service, over and above other Damages and Costs which
the Master and Dame shall sustain by such unlawful Departure. XXXIV.
_And it is further enacted_, that whosoever shall be proved to have
transported or contrived the Transportation of any such Apprentice,
Servant, or Slave, shall be fined _Five Pounds_, and all such Damages as
the Court shall judge, and that the Master or Dame can make appear, and
if not able to be left to the Judgement of the Court. _It is further
enacted_, that every Inhabitant that shall harbour or entertain any such
Apprentice, Servant, or Slave, and knowing that he hath absented himself
from his Service upon Proof thereof, shall forfeit to their Master or
Dame _Ten Shillings_ for every days Entertainment or Concealment, and if
not able to satisfy, to be liable to the Judgement of the Court."--_New
Jersey Laws, 109._
=40. Maryland:--Runaways.=
=1676, June.= An Act against runaways.--_Laws of Maryland, Bacon,
Index._
=41. East New Jersey:--Fugitive servants.=
=1682, March.= Laws passed by General Assembly in East New Jersey. Chap.
IX. A Bill against fugitive Servants, and entertainers of them. "Be it
enacted by the Governor, Council, and Deputies in General Assembly met,
and by the Authority of the same, that every Apprentice, or Servant,
that shall depart or absent themselves from their Master or Mistress,
without leave first obtained, shall be adjudged by the Court to double
the Time of such their absence by future Service, besides all Costs and
Damages, which the master or mistress shall have sustained by such
unlawful Departure. _Be it further enacted_ by the Authority aforesaid,
that whosoever shall knowingly transport or contrive the Transportation
of any Apprentice, Servant, or Slave, or be any aiding or assisting
thereto, and be thereof lawfully convicted, shall be fined _Five
Pounds_, and make full Satisfaction to the master or mistress of such
Apprentice, Servant, or Slave, for all Costs or Damages which the said
master or mistress can make appear to have thereby sustained. _Be it
further enacted_ By the Authority aforesaid, that every Inhabitant, who
shall entertain, or afford any manner of Relief to such Apprentice,
Servant, or Slave, knowing that he hath absented himself as aforesaid,
except of real Charity, and thereof be lawfully convicted, shall pay to
the master or mistress of such Servant _Ten Shillings_ for every Days
Entertainment and concealment, and be fined according to the Discretion
of the Court."--_Acts of the Proprietary Government of New Jersey, 238._
=42. New Jersey:--Prevention of runaways.=
=1683.= No title given. General Assembly. VI. "And for the preventing
Servants running away from their Masters, and other Vagabonds, _Be it
hereby enacted_ by the authority aforesaid, that all Magistrates,
Officiers, Ordinary Keepers, and other Inhabitants within this Province,
take special notice of all suspicious Travellers, and require their pass
or certificates, under the Hand and Seal of the Magistrate or
Magistrates, or Publick Notary of the Place of their last Abode, to
satisfy the clearness of his, her, or their coming away, and for want of
such Pass or Certificate, to secure such Person or Persons into the
Custody of the next constable; which Person and Persons so to be
secured, or their Masters, shall pay such Charge and Trouble as the
Person or Persons shall be put to, in the securing them as aforesaid,
before they shall be discharged, at the Discretion of two or more of the
Magistrates of the said Province."--¤_Acts of the Proprietary
Governments of New Jersey, 477._
=43. South Carolina.--Prevention of runaways.=
=1683, Nov. 7.= An Act to prevent Runaways. Title only preserved. Table
of contents.--_Statutes at Large of South Carolina, II._
=44. Virginia:--Repeal of law of 1663, September.=
=1684, April.= Act III. An act repealing the act concerning the persuit
of runawayes. The law of September, 1663, has been found inconvenient in
practice, it is therefore repealed.--_Statutes at Large. Hening, Laws of
Virginia, III. 12._
=45. East New Jersey:--Runaway servants. [Sec. 2.]=
=1686, April.= Chap. XI. An Act concerning Runaway Servants. "Whereas the
securing of Servants that Runaway, or otherwise absent themselves from
their Masters lawful Occasions, is found a material encouragement to
such Persons as come into this country to settle Plantations and
Populate the Province; for the better encouragement of such Persons, Be
it therefore enacted by the Governor and Council and Deputies now met in
General Assembly, and by the authority of the same, that if any Servant
or Servants, Prentices or Covenant Servants, Run away or absent him or
herself unlawfully from their Masters or Mistress' Service, being taken
up or secured, so that the master or mistress hath him or her again, for
the better Encouragement of such Person or Persons so securing him or
them, they shall have _Twenty Shillings_ paid him or them," etc.--_New
Jersey Laws, 292._
=46. Virginia: Law of 1670 amended.=
=1686, October.= Act I. Slight change in making out the certificate for
apprehension of runaway.--_Statutes at Large. Hening, Laws of Virginia,
III. 29._
=47. South Carolina:--Inhibition of trade with runaways.=
=1691.= An act inhibiting the tradeing with Servants and Slaves. "_And
it is alsoe enacted_ by the authority aforesaid, that if any servant or
servants shall at any tyme or tymes hereafter absent or withdraw him or
themselves from his, her, or their master or mistresses service, such
servant or servants soe offending shall for every naturall day they
shall soe absent themselves serve one whole weeke, and for every weeke,
if they shall att any one tyme soe long absent themselves, one whole
yeare to theire master or mistresse, over and above their contracted
tyme of servitude."--¤_Statutes at Large of South Carolina, II. 53._
=48. Pennsylvania:--Regulation of servants.=
=1700.= An Act for the better Regulation of Servants in this Province
and Territories. "And for the Prevention of Servants quitting their
masters Service, _Be it enacted_ by the Authority aforesaid, that if any
Servant shall absent him or herself from the Service of their Master or
Owner for the Space of one Day, or more, without Leave first obtained
for the same, every such Servant shall, for every such Days absence, be
obliged to serve Five Days after the Expiration of his or her Time, and
shall further make such Satisfaction to his or her Master or Owner for
the Damages and Charges sustained by such Absence as the respective
County Courts shall see meet, who shall order as well the Time to be
served, as other Recompence for Damages sustained. And whosoever shall
apprehend or take up any Runaway Servant, and shall bring him or her to
the Sheriff of the County, such Person shall for every such Servant, if
taken up within Ten miles of the Servants abode, receive _Ten
Shillings_; and if Ten miles or upwards, _Twenty Shillings_ Reward of
the said Sheriff, who is hereby required to pay the same, and forthwith
to send Notice to the master or Owner, of whom he shall receive _Five
Shillings_ Prison Fees upon the Delivery of the said Servant, together
with all other Disbursements and reasonable Charges for and upon the
same."--¤_Province Laws of Pennsylvania, I. 5._
=49. New York:--Regulation of slaves.=
=1702.= An Act for regulating Slaves. "And be it further enacted, etc.,
That no Person or Persons whatsoever do hereafter Employ, Harbour,
Conceal or Entertain other Men's Slaves at their House, Out-house, or
Plantation, without the consent of their master or mistress, either
signified to them verbally, or by Certificate in writing, under the said
Master or Mistress' Hand upon Forfeiture of Five Pounds for every Night
or Day, to the Master or Mistress of such Slave or Slaves, so that the
Penalty of such Slave do not exceed the value of the said Slave. And if
any Person or Persons whatsoever shall be found guilty of Harbouring,
Entertaining, or Concealing of any Slave, or assisting to the Conveying
them away, if such Slave shall happen to be lost, dead, or otherwise
distroyed, such Person or Persons, so Harbouring, Entertaining,
Concealing, Assisting or Conveying of them away, shall be also liable to
pay the Value of such Slave to the master or mistress, to be recovered
by Action of Debt, in manner aforesaid."--¤_Acts of Province of New York
from 1691 to 1718, p. 58._
=50. New York:--Punishment of runaways to Canada. [Sec. 8.]=
=1705.= An act to prevent the Running away of Negro Slaves out of the
City and County of _Albany_, to the French at Canada. "Whereas the City
and County of Albany are the Frontiers of this Province toward the
_French_ of Canada; and that it is of great concern to this Colony,
during this time of War with the French, that no Intelligence be carried
from the said City and County to the French at Canada: ... Be it
enacted, and it is hereby enacted by his Excellency the Governor,
Council and Assembly, etc., that all and every Negro Slave or Slaves,
belonging to any of the Inhabitants of the city and county of _Albany_,
who shall from and after the First Day of _August_ of this present year
of our Lord, One thousand seven hundred and five, be found traveling
Forty miles above the City of Albany, at or above a certain place called
_Sarachtoge_ (unless in Company of his, her, or their Master, Mistress,
or such employed by them, or either of them), and be thereof convicted
by the Oaths of Two or more credible Witnesses, before the Court of
Sessions of the Peace of the said City and County (which Court of
Sessions are hereby Authorized and Impowered to hear and determine the
same, in manner aforesaid, and thereupon to award execution), he, she,
or they so Convicted, shall suffer the Pains of Death, as in cases of
Felony."--_Acts of Province of New York, 77._
=51. New York:--Act of 1702 revived.=
=1705.= An act for Reviving and continuing an Act, Intituled, An Act for
Regulating Slaves, 1702 (expired in 1712).--_Acts of the Province of New
York, 79._
=52. Virginia:--Runaway servants and slaves.=
=1705, October.= Chap. XLIX. An Act concerning Servants and Slaves. XXI.
Penalty for entertaining runaway servants without a certificate shall be
for every day sixty pounds of tobacco. XXIII. Persons rewarded for
taking up runaway according to the distance.--_Hening, Laws of Virginia,
II. 447._
=53. Massachusetts Bay:--Regulation of free negroes. [Sec. 4.]=
=1707.= An Act for the regulating of free negroes. "Sec. 3. And be it
further enacted, that every free negro or mulatto who shall harbour or
entertain any negro or mulatto servant in his or her house, without the
leave or consent of their respective masters or mistresses, shall
forfeit and pay the sum of five shillings to the use of the poor of the
town, for each offence."--_Charters and General Laws of the Colony and
Province of Massachusetts Bay, 386._
=54. South Carolina:--For the better ordering of slaves.=
=1712.= _Statutes at Large of South Carolina, II. 381._
=55. New Jersey:--Regulation of slaves.=
=1713.= An Act for Regulating of Slaves. Sec. 2. "Negroes, etc., not
having a pass may be taken up if 5 miles from Home whipped, and Persons
so taking up have 5s." Sec. 3. "Negro belonging to another Province not
having license, to be whipped, and the Taker of them to have
10s."--_Acts of the Assembly of New Jersey, 18._
=56. New Jersey:--Regulation of white servants.=
=1713.= An Act for regulating of White Servants, and taking up Soldiers
and Seamen deserting Her Majestys Service, and coming into this Colony.
Sec. 2. "Servants absenting without leave to be adjudged by any one
Justice to serve double the time, and pay or serve for costs." Sec. 3.
"Those who counsel, aid, etc. such Servants to runaway, to forfeit 10L"
etc. Sec. 4. "Those who knowingly conceal them, to pay 10s. per Day."
Sec. 5. "Those who take up Runaways and carry them back to have 15s. and
6d. per mile for so doing." Sec. 8. "Any Boatman, etc., who shall carry
them into or out of this Province, etc., not having Passes, as
aforesaid, and Publick-Housekeepers entertaining them to forfeit 40s.,"
etc.--_Acts of the Assembly of New Jersey, 24._
=57. Rhode Island:--Ferriage of runaways. [Sec. 4.]=
=1714, Oct. 27.= "Whereas, several negroes and mulatto slaves that
have run away from their masters or mistresses, under pretence
of being sent or employed by their masters or mistresses upon
some service, and have been carried over the ferries, out and
into the colony, and suffered to pass through the several towns
under the aforesaid pretence, to the considerable damage and
charge of their owners, and many times to the loss of their
slaves;--Be it therefore enacted by this Assembly, and by the
authority thereof it is enacted, that no ferryman or boatman
whatsoever, within this colony, shall carry or bring any slave
as aforesaid over their ferries, without a certificate under
the hands of their masters or mistresses, or some person in
authority, upon the penalty of paying all costs and damages
their said masters or mistresses shall sustain thereby; and
to pay a fine of twenty shillings for the use of the colony,
for each offence, as aforesaid. The said fine to be recovered
by any two justices of the peace, upon confession or conviction
of the said fact; and all persons in authority, and other His
Majesty's Subjects in this colony knowing of any such slaves
traveling through their township, wherein they dwell, without
a certificate, as aforesaid, they are hereby required to cause
such slave to be examined and secured so as the owner may be
notified thereof, and have his slave again, paying the costs
and charges that shall accrue thereon."--_Proceedings of General
Assembly, Colony of Rhode Island and Providence Plantations,
Providence, 177; Records of Colony of Rhode Island, 177._
=58. South Carolina:--Additional Act to Act of 1712.=
=1714.= _Statutes at Large of South Carolina, II. 620._
=59. New York:--Act of 1705 revived. [Sec. 8.]=
=1715.= An Act for Reviving and Continuing an Act, Intituled an act to
prevent the Running away of Negro Slaves out of the city and county of
Albany to the French at Albany, 1705.--_Laws Province of New York, 218._
=60. North Carolina:--Servants and slaves.=
=1715.= An Act concerning servants and Slaves. Title only given.--_Laws
of North Carolina, 21, 27._
=61. New Hampshire:--Runaway minors and servants.=
=1715.= An Act for preventing Men's Sons or Servants absenting
themselves from their Parents or Masters Service without Leave.--"That
no commander of any private man of war, or master of any merchant ship
or vessel coming into, tarrying or abiding in, or going forth of any
port, harbour, or place within this province, shall receive, harbour,
entertain, conceal or secure on board such ship or other vessel, or
suffer to be there harbour'd or detain'd any man's son, being under age
or apprentice or covenant servant (knowing him to be such, or after
notice thereof given) without license or consent of his parent or master
in writing under his hand first had and obtain'd, on pain of forfeiting
the sum of _five pounds per_ week, and so proportionably for a longer or
shorter time, that any son, apprentice, or servant shall be held,
harbour'd, conceal'd, or detain'd on board any such ship or other
vessel, as aforesaid, without license and consent as aforesaid; the one
moiety thereof to her Majesty, to be employed toward the support of the
government of the province, and the other moiety unto the parent or
master of such son, apprentice or servant that shall inform, or sue for
the same, in any of her majesty's courts of record, within this
province, by bill, plaint, or information, wherein no essoign,
protection or wager of law shall be allowed. Sec. 2. _And be it further
enacted by the authority aforesaid_, that every apprentice or covenant
servant who shall unlawfully absent himself from his master, and enter
himself on board any ship or vessel, as aforesaid, with intent to leave
his master's service, or incline there more than the space of
twenty-four hours, and be thereof convicted before any two of her
majesty's justices of the peace, or in general sessions, within this
province, shall forfeit unto his master such further service, from and
after the expiration of the term which his said master had in him at the
time of his departure as the said court shall order, not exceeding one
year."--¤_Acts and Laws of His Majesty's Province of New Hampshire, 40._
=62. South Carolina:--Additional Act against runaways.=
=1717.= _Statutes at Large of South Carolina, III. 39._
=63. Massachusetts Bay:--Transportation of apprentices and servants.=
=1718, October.= An Act for the preventing of persons under age,
apprentices or servants, being transported out of the province without
the consent of their masters, parents, or guardians. "Every master of
any outward bound ship or vessel that shall hereafter carry or transport
out of this province any person under age, or bought or hired servant or
apprentice, to any parts beyond the seas, without the consent of such
master, parent or guardian, signified in writing, shall forfeit the sum
of fifty pounds," etc.--_Charters and Laws of the Colony and Province of
Massachusetts Bay, 750._
=64. South Carolina:--Regulation of Slaves.=
=1722.= An Act for the better ordering and governing of
slaves.--_Statutes at Large of South Carolina, 193._
=65. Pennsylvania:--Regulation of negroes.=
=1725.= An Act for the better Regulating of negroes in this province.
"And be it further enacted by the authority aforesaid, that no Person or
Persons whatsoever shall imploy, or knowingly harbour, conceal, or
entertain other Peoples slaves at their Houses, Out Houses, or
Plantations, without the Masters or Owners consent, excepting in stress
of weather or other Extraordinary Occasion, under the Penalty of _Thirty
Shillings_ for every Twenty four Hours he or they shall entertain or
harbour him or them as aforesaid."--_Province Laws of Pennsylvania,
Philadelphia, 1725._
=66. Virginia:--Earlier act amended.=
=1726, May.= Chap. III. The clause in regard to imprisonment when slave
would not give name of master has proved very inconvenient. Chap. IV. An
Act for amending the Act concerning Servants and Slaves; and for the
further preventing the clandestine transportation of Persons out of this
colony. IV. The sheriff or under sheriff to whom the slave is committed
shall cause a notice containing a full description of the runaway to be
posted on the door of the court-house, and shall send a copy to each
church or chapel within the county which shall be set up "in some open
and convenient place" on every Lord's day for two months. Neglect on
part of the sheriff shall be fined five hundred pounds of tobacco; on
the part of the clerk, two hundred pounds. VI. Provisions in regard to
transportation. VIII. Runaways may be let out to hire by the keeper of
the gaol. IX. When demanded by the owner, the person hireing shall
deliver up the servant. X. "Provided also, that where the keeper of the
said public gaol shall, by the direction of such court or courts, as
aforesaid, let out any such negro or runaway to hire to any person or
persons whatsoever, the said keeper shall, at the time of his delivery,
cause a strong iron collar to be put on the neck of such negro or
runaway, with the letters (P. G.) stamped thereon; and that thereafter
the said keeper shall not be answerable for any escape of the said negro
or runaway." XII. Fees of the gaolers given. XIII. Runaways from
Maryland or Carolina shall be committed to any public gaol, and the fees
shall be according to the laws of the province wherein the master
dwells. XIV. The keeper of the gaol shall send descriptions of the
runaway to such places of this dominion bordering on Maryland or
Carolina as shall be agreed upon. XV., XVI. Fees described. XVIII.
Masters of vessels shall take the following oath: "I, A. B., master of
the ship (or vessel), do swear that I will make diligent enquiry and
search in my said ship (or vessel), and will not knowingly or willingly
carry, or suffer to be carried, in my said ship, out of this dominion,
without such pass as is directed by law, any person or persons
whatsoever, that I shall know to be running hence in order to deceive
their creditors; nor any servant or slave that is not attending his or
her master or owner, or sent by such master or owner." XX. For forging a
pass persons offending shall stand two hours in the pillory, and receive
thirty lashes at the whipping-post. XXI. A white servant who shall run
away, change his name, or disguise himself with intent to escape, shall
serve six months longer than his term for running away.--_Statutes at
Large. Hening, Laws of Virginia, IV. 168._
=67. Connecticut:--Runaway servants and slaves.=
=1730 (probably).= An Act concerning _Indian_, _Molatto_, and _Negro_
Servants and Slaves. "That whatsoever _Negro_, _Molatto_, or _Indian_
Servant, or Servants shall be found wandering out of the Bounds of the
Town, or Place to which they belong, without a Ticket or Pass in
writing, under the Hand of some Assistant or Justice of the Peace, or
under the Hand of the Master, or Owner of such _negro_, _molatto_, or
_Indian_ Servants shall be deemed and Accounted to be Run-aways, and may
be Treated as such; and every Person Inhabiting this colony, Finding or
Meeting with any such _Negro_, _molatto_, or _Indian_ Servant or
Servants, not having a ticket as aforesaid, is hereby impowered to Seize
and Secure him, or them, and Bring him or them before the next Authority
to be Examined, and Returned to his, or their master or Owner, who shall
satisfy the Charge Accruing thereby. And all Ferry-Men within this
colony, are hereby Required not to suffer any _Indian_, _molatto_ or
_negro_ servant without certificate, as aforesaid, to pass over their
Respective Ferries, by Assisting them therein Directly or Indirectly, on
Penalty of paying a Fine of Twenty Shillings for every such
Offence."--¤_Acts and Laws of His Majestie's Colony of Connecticut,
229._
=68. New York:--Slave insurrections, etc.=
=1730.= An Act for the more effectual preventing and punishing the
conspiracy and Insurrection of negroes and other Slaves; for the better
regulating them, and for repealing the acts therein mentioned, relating
thereto. Passed the 29th of October, 1730. No fugitive slave provision.
Penalty for entertaining Slaves as in 1702. Also Persons who do not
discover those that entertain slaves shall pay Forty Shillings.--_Acts
of Province of New York, 193._
=69. South Carolina:--Regulation of slaves.=
=1735.= _Statutes at Large of South Carolina, III. 405._
=70. Delaware:--Regulation of servants and slaves.=
=1740.= An Act for the better regulation of Servants and Slaves within
this government (a). Sec. 5. "Be it enacted by the authority aforesaid,
that from such time as any servant shall absent him or herself from his
or her masters or mistress' service, without leave first obtained for
the same, every such servant, for such absence, and the expenses of
taking up, shall at the expiration of the time of his or her servitude,
make satisfaction by servitude, according to the judgement of any court
of Quarter Sessions within this government." Sec. 6. "And be it further
enacted by the authority aforesaid, that if any person shall apprehend
or take up any runaway servant and carry him or her before the next
Justice of the Peace of the county where such servant shall be so taken
up, in order to be sent to and secured in the gaol of the said county,
for his or her master's or mistress' service." The sheriff or gaoler
shall then send notice to the servant's owner, if known; if not, the
servant shall be advertised in some newspaper in the city of
Philadelphia. The reward for taking up runaways shall be, "if ten miles
distant from the place of the said servants last abode, or under, the
sum of Ten Shillings, if upwards of ten miles, the sum of Twenty
Shillings." "And if the master or owner of such servant so imprisoned
shall, for the space of six weeks next after notice had of his or her
servants imprisonment, neglect or refuse to release such servant, it
shall and may be lawful for the said Sheriff, and he is hereby required
and commanded, upon affidavit made of the due service of such notice, to
expose every such servant to sale at public vendue, and him or her to
sell to the highest bidder, for such term and sum as shall be sufficient
for the defraying the costs and charges arising upon the apprehending
and imprisoning the said servant." Sec. 7. "Suspicious persons
travelling without a pass shall be deemed runaway servants and treated
as such."--_Laws of Delaware, 211, 212._
=71. Delaware:--Regulation of servants and slaves.=
=1740.= An Act for the better regulation of Servants and Slaves within
this Government. "Sec. 14. _And be it further enacted by the authority
aforesaid_, that who so ever shall take up any negro or mulatto slave at
above ten miles distance from his or her masters or mistress' dwelling
or habitation, and not having leave in writing from his or her master or
mistress, or not being known by the taker-up to be about his or her
master's or mistress' business or service, and shall convey him or her
to the habitation of his or her said master or mistress, if known, such
taker-up shall receive of the said master or mistress, for his reward,
the sum of Five Shillings, with reasonable charges. Sec. 15. _And be it
further enacted by the authority aforesaid_, that no person shall employ
or knowingly harbour, conceal or entertain another's servant or slave at
his or her house or plantation without the master or owner's leave and
consent, except in distress of weather or other extraordinary occasion
or accident, under the penalty of Forty Shillings for every twenty four
hours he or she shall entertain any such servant or slave, as afore
said, and so in proportion for any lesser time."--¤_Laws of the State of
Delaware, 215, 216._
=72. South Carolina:--Regulation of slaves.=
=1740.= _Statutes at Large, South Carolina, III. 568._
=73. North Carolina:--Entertainment of runaways, etc. [Sec. 3.]=
=1741.= XXVII. Any person harbouring a runaway shall be prosecuted and
compelled to pay the sum of twenty-five pounds or serve the owner of the
slave or his assigns five years. If he actually carry away the slave, he
shall be convicted of felony and suffer accordingly. XXVIII. Seven
shillings and sixpence, Proclamation money, reward for taking up
runaways. For every mile over ten, threepence. XXXIV. Runaways when
taken up shall be whipped. XXXV. Constables must give a receipt for
runaway. Any failure shall be fined twenty shillings, Proclamation
money, to be paid the church warden. XXXVI. Sheriff who shall hold a
runaway longer than the act directs shall forfeit five pounds. Sheriff
who allows a runaway to escape is liable to action from the party
grieved. XXXVIII. This article takes up the fees of the jailor,
etc.--_Laws of North Carolina, 89._
=74. Virginia:--Ferriage of runaways.=
=1748, Oct.= An Act for the Settlement and Regulation of Ferries, and
for the Despatch of Public Expresses. VI. All constables and their
assistants charged with conducting any runaway servant shall be passed
ferry free. The ferriage shall then be paid by the owners of the
runaways.--_Statutes at Large, Hening, VI. 22._
=75. South Carolina: Act additional to Act of 1740.=
=1751.= _Statutes at Large of South Carolina, III. 738._
=76. Rhode Island:--Assistance of runaways.=
=1766-1798.= An Act relative to Slaves, and to their Manumission and
support.--Sec. 3. And be it further enacted, that if any person shall
conceal any negro or mulatto slave, or shall in any manner assist such
slave in escaping from the lawful authority of his or her master, the
person so offending shall forfeit and pay the sum of three hundred
dollars, to be recovered by action of debt, one moiety thereof to and
for the use of the State, and the other moiety thereof to and for the
use of the person who shall sue for the same.--_Laws of Rhode Island and
Providence Plantations, 607._
=77. North Carolina:--Slave stealing.=
=1779.= An Act to prevent the stealing of Slaves, or by Violence,
Seduction, or any other Means, taking or conveying away any Slave or
Slaves the Property of another, and for other Purposes therein
mentioned. IV. And whereas many evil disposed Persons frequently entice
or persuade Slaves (without any Intention to steal them) and Servants,
to absent themselves from their Master or Mistress, and often times
harbour and maintain runaway Servants and Slaves; _Be it therefore
further enacted_ by the authority aforesaid, that any Person or Persons
who shall hereafter entice or persuade any Servant or Slave to absent
him or herself from his or her Master or Mistress, or who shall harbour
or maintain any runaway Servant or Slave, shall for every such Offence
forfeit or pay to the Master or Mistress of such Servant or Slave, the
sum of one hundred Pounds current money, to be recovered by Action of
Debt, in any Jurisdiction having Cognizance thereof; and be further
liable to the said master or mistress in an action for Damages, where in
no Essoign, Injunction, Protection, or Wager of Law shall be allowed or
admitted, notwithstanding any Law, Usage, or Custom to the
contrary.--_Laws of North Carolina, 371._
=78. Connecticut:--Escape of negroes and servants.=
=No date given.= An Act to prevent the Running away of Indian and Negro
Servants. "Be it enacted by the Governour, Council, and Representatives,
in General Court assembled, and by the Authority of the same, that
whatsoever Negro or Indian Servant or Servants shall at any time after
the publication hereof be found wandering out of the Town Bounds, or
Place to which they belong, without a Ticket or Pass in writing under
the Hand of some Assistant or Justice of the Peace, or under the Hand of
the Master or Owner of such Negro or Indian Servant or Servants, shall
be deemed and accounted to be Run-aways; and every person Inhabiting in
this Colony, finding or meeting with any such Negro or Indian Servant or
Servants, not having a Ticket as aforesaid, is hereby impowered to seize
and secure him or them, and bring him or them before the next authority,
to be examined and returned to his or their Master or Owner, who shall
satisfy the charge accruing thereby; and all Ferrymen within this Colony
are hereby required not to suffer any Indian or Negro Servant, without
Certificate as aforesaid, to pass over their respective Ferrys, by
assisting of them therein directly or indirectly, on penalty of paying a
fine of Twenty Shillings for every such Offence to the County Treasury,
to be levied on their estates upon non-payment, by warrant from any one
Assistant or Justice of the Peace: And the like methods shall or may be
used and observed as to Vagrant or Suspected Persons, found wandring
from Town to Town, having no Certificate as aforesaid, who shall be
seized and conveyed before the next Authority to be Examined and
Disposed of according to Law: And if any Free Negroes shall travel
without such Certificate or Pass, and be stopped, seized, or taken up,
they shall pay all Charges arising thereby."--¤_Acts and Laws of His
Majesty's Province of Connecticut, 87._
=79. Connecticut:--Pursuit of runaways.=
=No date given.= "It is also ordered, that when any servants shall runn
from theire Masters, or any other inhabitants shall privately goe away
with supition of ill intentions, It shall bee lawfull for the next
Magistrate, or the constable and two of the chiefest inhabitants where
no magistrate is, to press men and boates or pinnaces, at the publique
charge, to persue such persons by sea or land, and bring them back by
force of armes."--¤_Colonial Records of Connecticut, I. 539._
=80. Pennsylvania:--Harboring fugitives.=
=Anno Regni Duodecimo Georgii Regis. [1726?]= An Act for the better
regulating of Negroes in this Province. "And be it further enacted by
the Authority aforesaid, that no Person or Persons whatsoever shall
Employ, or knowingly harbour, conceal, or entertain other Peoples Slaves
at their Houses, Out-houses, or Plantations, without the Master or
Owner's consent; excepting in Distress of weather or other Extraordinary
Occasion, under the Penalty of Thirty Shillings for every twenty-four
Hours he or they shall entertain or harbour him or them as
aforesaid."--¤_Province Laws of Pennsylvania, 325._
APPENDIX B.
_NATIONAL ACTS AND PROPOSITIONS RELATIVE TO FUGITIVE SLAVES. 1778-1854._
This Appendix contains all the important bills, acts, and treaties from
the foundation of the Constitution to 1860. Many minor propositions may
be found through the foot-notes to the text of Chapter II. The figures in
brackets [] refer back to the text of the monograph.
[Sidenote: Treaties and First Act.]
=1. Fugitive clause in treaty with the Delawares.=
=1778, Aug. 7.= Art. IV. "And it is further agreed between the parties
aforesaid, that neither shall entertain or give countenance to the
enemies of the other, or protect in their respective States, criminal
fugitives, servants, or slaves, but the same to apprehend, and secure
and deliver to the State or States to which such enemies, criminals,
servants, or slaves respectively belong."--_Statutes at Large, VII. 14._
=2. Fugitive clause in the treaty of peace. [Sec.Sec. 13, 22.]=
=1782-83. 1782, Nov. 13.= Provisional articles. =1783, Sept. 3.=
Definitive treaty. "His Britannic Majesty shall, with all convenient
speed, and without causing any destruction, or carrying away any negroes
or other property of the American inhabitants, withdraw all his armies,
garrisons, and fleets from the said United States."--_Treaties and
Conventions, ed. of 1889, pp. 372, 378._
=3. Fugitive clauses in Indian treaties. [Sec. 13.]=
=1784-86. 1784, Oct. 22.= Treaty with the Six Nations, Art. I.
=1785, Jan. 21.= Treaty with the Wyandots, etc. Art. I. "All the
prisoners white and black" taken by the Indians "shall be delivered up"
or "restored."--_Statutes at Large, VII. 15, 16._
=4. Fugitive clause in King's ordinance. [Sec. 14.]=
=1785, April 6.= Report of the Committee on Government of the Western
Territory. "Provided that always, upon the escape of any person into any
of the States described in the resolve of Congress of the twenty-third
day of April, 1784, from whom labor or service is lawfully claimed in
any one of the thirteen original States, such fugitive might be lawfully
reclaimed and carried back to the person claiming his labor or service,
this resolve notwithstanding."--_Papers of Old Congress_, XXI. 331,
cited in _Bancroft, History of the United States (last Revision), VI.
133._
=5. Fugitive clauses in Indian treaties. [Sec. 13.]=
=1785, Nov. 28.= Treaty with the Cherokees, Art. I.
=1786, Jan. 3.= Treaty with the Choctaws, Art. I.
=1786, Jan. 10.= Treaty with the Chickasaws, Art. I.
Identical clauses. The Indians "to restore all the Negroes and all other
property taken during the late war."
=1786, June 31.= Treaty with the Shawanees. Art. I. "All prisoners white
and black taken in the late war from among the citizens of the United
States by the Shawanee nation shall be restored."--_Statutes at Large,
VII. 18, 21, 25, 26._
=6. Fugitive clause in Northwest Ordinance of 1787. [Sec. 14]=
=1787, July 13.= Art. VI. "There shall be neither slavery nor
involuntary servitude in the said Territory, otherwise than in the
punishment of crimes, whereof the party shall have been duly convicted;
_provided_, always, that any person escaping into the same, from whom
labor or service is lawfully claimed in any one of the original States,
such fugitive may be lawfully reclaimed and conveyed to the person
claiming his or her labor or service aforesaid." Read first time, July
11, 1787. Passed July 13, 1787.--¤ _Journals of Congress, XII. 84, 92._
=7. Fugitive clause in the Constitution. [Sec. 15.]=
=1787, Sept. 13.= Art. IV. Sec. 2. "No person held to service or labor in
one State, under the laws thereof, escaping into another, shall, in
consequence of any law or regulation therein, be discharged from such
service or labor, but shall be delivered up on claim of the party to
whom such service or labor may be due."--_Revised Statutes of the United
States, I. 18._
=8. Clauses for returning fugitives in Indian treaties.=
=1789, Jan. 7.= Treaty with the Wiandots, etc. Art. I. "The said nations
agree to deliver up all the prisoners now in their hands (by what means
soever they may have come into their possession)."--_Statutes at Large,
VII. 28._
=1790-91. 1790, Apr. 7.= Treaty with the Creeks. Art. III. "The Creek
Nation shall deliver ... all citizens of the United States, white
inhabitants or negroes, who are now prisoners in any part of the said
nation. And if any such prisoners or negroes should not be delivered on
or before the first day of June next ensuing, the governor of Georgia
may empower three persons to repair to the said nation, in order to
claim and receive such prisoners and negroes."--_Statutes at Large, VII.
35._
=1791, July 2.= Treaty with the Cherokees. Art. III. All prisoners to be
yielded up on both sides.--_Statutes at Large, VII. 36._
=9. First Fugitive Slave Act.=
=1793, Feb. 12.=
_An Act respecting fugitives from justice and persons escaping from the
service of their masters._
"SECTION 1._ Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled_, That whenever the
executive authority of any state in the Union, or of either of the
territories northwest or south of the river Ohio, shall demand any
person as a fugitive from justice, of the executive authority of any
such state or territory to which such person shall have fled, and shall
moreover produce the copy of an indictment found, or an affidavit made
before a magistrate of any state or territory as aforesaid, charging the
person so demanded, with having committed treason, felony or other
crime, certified as authentic by the governor or chief magistrate of the
state or territory from whence the person so charged fled, it shall be
the duty of the executive authority of the state or territory to which
such person shall have fled, to cause him or her to be arrested and
secured, and notice of the arrest to be given to the executive authority
making such demand, or to the agent of such authority appointed to
receive the fugitive, and to cause the fugitive to be delivered to such
agent when he shall appear: But if no such agent shall appear within six
months from the time of the arrest, the prisoner may be discharged. And
all costs or expenses incurred in the apprehending, securing, and
transmitting such fugitive to the state or territory making such demand,
shall be paid by such state or territory.
"SEC. 2. _And be it further enacted_, That any agent, appointed as
aforesaid, who shall receive the fugitive into his custody, shall be
empowered to transport him or her to the state or territory from which
he or she shall have fled. And if any person or persons shall by force
set at liberty, or rescue the fugitive from such agent while
transporting, as aforesaid, the person or persons so offending shall, on
conviction, be fined not exceeding five hundred dollars, and be
imprisoned not exceeding one year.