any of the United States, or in either of the territories on the
northwest or south of the river Ohio, under the laws thereof, shall
escape into any other of the said states or territory, the person to
whom such labour or service may be due, his agent or attorney, is hereby
empowered to seize or arrest such fugitive from labour, and to take him
or her before any judge of the circuit or district courts of the United
States, residing or being within the state, or before any magistrate of
a county, city or town corporate, wherein such seizure or arrest shall
be made, and upon proof to the satisfaction of such judge or magistrate,
either by oral testimony or affidavit taken before and certified by a
magistrate of any such state or territory, that the person so seized or
arrested, doth, under the laws of the state or territory from which he
or she fled, owe service or labour to the person claiming him or her, it
shall be the duty of such judge or magistrate to give a certificate
thereof to such claimant, his agent or attorney, which shall be
sufficient warrant for removing the said fugitive from labour, to the
state or territory from which he or she fled.
"SEC. 4. _And be it further enacted_, That any person who shall
knowingly and willingly obstruct or hinder such claimant, his agent or
attorney, in so seizing or arresting such fugitive from labour, or shall
rescue such fugitive from such claimant, his agent or attorney when so
arrested pursuant to the authority herein given or declared; or shall
harbor or conceal such person after notice that he or she was a fugitive
from labour, as aforesaid, shall, for either of the said offences,
forfeit and pay the sum of five hundred dollars. Which penalty may be
recovered by and for the benefit of such claimant, by action of debt, in
any court proper to try the same; saving moreover to the person claiming
such labour or service, his right of action for or on account of the
said injuries or either of them."--¤_Statutes at Large, I. 302-305._
[Sidenote: Bills and Propositions.]
=10. Abstract of amendatory bill on fugitives. [Sec. 19.]=
=1801, Dec. 18.= "The bill contemplates inflicting a penalty of five
hundred dollars on any person harboring, concealing, or employing
runaway slaves. Every person employing a black person, unless he had a
certificate with a county seal to it, or signed by a justice of the
peace, would be liable to the penalty."
=1802, Jan. 15.= A motion was made to strike out the second section of
the bill, which would create therein and inflict the penalty for
employing a person of color who has not a certificate of his freedom.
Motion not carried.--_7 Cong. 1 Sess., Annals of Congress, H. of R.,
423._
=11. Restoration of slaves by Indian treaties. [Sec. 22.]=
=1814, Aug. 9.= Treaty with the Creeks. Art. III. "The United States
demand that a surrender be immediately made of all the persons and
property taken from the citizens of the United States ... to the
respective owners."--_Treaties and Conventions._
=12. Fugitive slave clause in the Treaty of Ghent. [Sec. 22].=
=1814, Dec. 24.= Art. I. "All territory, etc. shall be restored without
delay, and without causing any destruction or carrying away any
artillery, ... or any slaves or other private property."--Treaties and
Conventions.
=13. Amendments proposed to Pindall's bill. [Sec. 20]=
=1818, Jan. 29.= "Resolved, That the said bill be referred to the
committee to whom was referred the memorial of the annual meeting of the
Society of Friends, of Baltimore, with instructions to inquire into the
expediency of so amending the said bill as to guard more effectually
against infringement of the rights of free negroes and other persons of
color." Introduced by Mr. Rich. Resolution not accepted.--_House Journal
15 Cong. 1 Sess., 193; Annals of Congress, 15 Cong. 1 Sess., 830._
To change the bill materially "by making judges of the State in which
the apprentices, slaves, etc. are seized, the tribunal to decide the
fact of slavery, instead of the judges of the States whence the
fugitives have escaped." Introduced by Mr. Sergeant. Amendment not
accepted.--_Annals of Congress, 15 Cong. 1 Sess., 830._
"Mr. Rich made several successive attempts to procure amendments to the
bill, relaxing some of its provisions, which were successively
negatived."--_Annals of Congress, 15 Cong. 1 Sess., 830._
=14. Provision for delivery on executive requisition. [Sec. 20.]=
=1818, March 11.= Mr. Daggett moved to strike out the following section
of the bill: "Sec. 6. _And be it further enacted_, that whenever the
Executive authority of any State in the Union, or of either of the
Territories thereof, shall, for or in behalf of any citizen or
inhabitant of such State or Territory, demand any fugitive slave of the
Executive authority of any State or Territory, to which such slave shall
have fled, and shall moreover produce a certificate, issued pursuant to
the first section of this act, it shall be the duty of the Executive
authority of the State or Territory to which such fugitive 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 such fugitive to be delivered to the said agent, on the confine or
boundary of the State or Territory in which said arrest shall be, and in
the most usual and direct route to the place from whence the said
fugitive shall have escaped; and the reasonable expense of such arrest,
detention, and delivery of such fugitive shall be paid by the said
agent." Amendment determined in the negative.--_Senate Journal, 15 Cong.
1 Sess., 227, 228; Annals of Congress, 15 Cong. 1 Sess., 259._
=15. Proposed limitation to four years. [Sec. 20.]=
=1818, May 10.= Mr. Lacock moved to amend by adding the following:
"Sec.--. _And be it further enacted_ that this law shall be and remain
in force for the term of four years, and no longer." The Senate being
equally divided, the President determined the question in the
affirmative.--_Senate Journal, 15 Cong. 1 Sess., 228; Annals of
Congress, 15 Cong. 1 Sess., 259._
=16. Fugitive Slave clause in the Missouri Compromise. [Sec. 21.]=
=1820, March 19.= The Missouri Compromise provided "that any persons
escaping into the same, from whom labor or service is lawfully claimed
in any State or Territory of the United States, such fugitive may be
lawfully reclaimed, and conveyed to the person claiming his or her
labor, or service, as aforesaid."--_Annals of Congress, 16 Cong. 1
Sess., 1469, 1587._
=17. Investigation into the Pennsylvania Act. [Sec. 21.]=
=1820, April 3.= Mr. Pindall introduced the following resolution:
"_Resolved_, That the Secretary of State be instructed to procure and
transmit to this House, as soon as practicable, a copy of such late act
or acts of the Pennsylvania Legislature as prohibit or restrain the
justices, aldermen, or other magistrates or officers of that State from
interposing in the apprehension or surrender of fugitive
slaves."--_House Journal, 16 Cong. 1 Sess., 371; Annals of Congress, 16
Cong. 1 Sess., 1717._
Mr. Tarr moved to amend as follows: "Provided, any such act or acts
shall have been passed." Resolution and amendment agreed to.--_House
Journal, 16 Cong. 1 Sess., 371; Annals of Congress, 16 Cong. 1 Sess.,
1717._
=1820, April 18.= Ordered, That the letter from the Secretary of State
with the Act of the Pennsylvania Legislature accompanying it, "be
committed to the committee appointed 18th of March to inquire into the
expediency of providing by law for reclaiming persons held to service or
labor in one State, and escaping therefrom into another."--_House
Journal, 16 Cong. 1 Sess., 427; Annals of Congress, 16 Cong. 1 Sess.,
1863._
=18. Maryland resolutions protesting against Pennsylvanians. [Sec. 21.]=
=1821, Dec. 17.= "Mr. Wright laid before the House an attested copy of a
resolution passed by the General Assembly of the State of Maryland,
complaining of the protection offered by the citizens of Pennsylvania to
the slaves of the citizens of Maryland, who abscond and go into that
State, and declaring that it is the duty of Congress to enact such a law
as will prevent a continuance of the evils complained of; which
resolution was referred to the Committee on the Judiciary."--_House
Journal, 17 Cong. 1 Sess., 62; Annals of Congress, 17 Cong. 1 Sess.,
553._
=19. Assumption of claims on Indians for fugitives. [Sec. 22.]=
=1832, May 9.= Treaty with the Seminoles, Art. VI. "The Seminoles being
anxious to be relieved from repeated vexatious demands for slaves and
other property alleged to have been stolen and destroyed by them, so
that they may remove unembarrassed to their new homes, the United States
stipulate to have the same property investigated, and to liquidate such
as may be satisfactorily established, provided the amount does not
exceed seven thousand (7,000) dollars."--_Statutes at Large, VII. 369._
=20. Calhoun's resolution on the status of slaves on the high seas. [Sec.
24.]=
=1840, April 15.= "_Resolved_, That a ship or vessel on the high seas,
in time of peace, engaged in a lawful voyage, is, according to the laws
of nations, under the exclusive jurisdiction of the State to which her
flag belongs; as much so as if constituting a part of its own domain.
"_Resolved_, That if such ship or vessel should be forced by stress of
weather, or other unavoidable cause, into the port, and under the
jurisdiction of a friendly power, she and her cargo, and persons on
board, with their property, and all the rights belonging to their
personal relations, as established by the laws of the State to which
they belong, would be placed under the protection which the laws of
nations extend to the unfortunate under such circumstances.
"_Resolved_, That the brig Enterprise, which was forced unavoidably by
stress of weather into Port Hamilton, Bermuda Island, while on a lawful
voyage on the high seas from one port of the Union to another, comes
within the principles embraced in the foregoing resolutions; and that
the seizure and detention of the negroes on board by the local authority
of the island, was an act in violation of the laws of nations, and
highly unjust to our own citizens, to whom they belong."--_Cong. Globe,
26 Cong. 1 Sess., 327._
=21. Woodbridge resolution on extradition of slaves. [Sec. 23.]=
=1841, Dec. 22.= Mr. Woodbridge submitted the following resolution,
which was considered, and by unanimous consent agreed to.
"_Resolved_, That the Committee on Foreign Relations inquire into the
expediency of entering into some arrangement with the Government of
Great Britain, reciprocal in its provisions, for the arrest of fugitives
escaping over the Northern or Western boundary of the United States,
charged with the commission of any crime or crimes, and for the
surrender of such fugitives upon reasonable requisition to the
authorities of the State or province from which such fugitives may have
fled: _Provided_, such arrangements do not comprehend cases of political
offences merely, but be restricted to those which are in themselves
criminal." No action taken.--_Senate Journal, 27 Cong. 2 Sess., 47;
Cong. Globe, 27 Cong. 2 Sess., 48._
[Sidenote: Prigg Decision. Resolutions.]
=22. Significant extracts from the Prigg decision. [Sec. 25.]=
=1842.= "Upon this ground we have not the slightest hesitation in
holding that, under and in virtue of the Constitution, the owner of a
slave is clothed with entire authority, in every state in the Union, to
seize and recapture his slave, whenever he can do it without any breach
of the peace, or any illegal violence."
"The clause is found in the national Constitution, and not in that of
any state. It does not point out any state functionaries, or any state
actions to carry its provisions into effect. The states cannot,
therefore, be compelled to enforce them; and it might well be deemed an
unconstitutional exercise of the power of interpretation, to insist that
the states are bound to provide means to carry into effect the duties of
the national government nowhere delegated or intrusted to them by the
Constitution."
"If this be so, then it would seem, upon just principles of
construction, that the legislation of Congress, if constitutional, must
supersede all state legislation upon the same subject; and by necessary
implication prohibit it."
"As to the authority so conferred upon state magistrates, while a
difference of opinion has existed, and may exist still on the point, in
different states, whether state magistrates are bound to act under it;
none is entertained by this Court that state magistrates may, if they
choose, exercise that authority, unless prohibited by state
legislation."--_16 Peters, Justice Story's Opinion, 608._
=23. Giddings's resolutions on the status of slaves on the high seas. [Sec.
24.]=
=1842, March 21.= "Resolved, That when a ship belonging to the citizens
of any State of this Union leaves the waters and territory of such
State, and enters upon the high seas, the persons on board cease to be
subject to the slave laws of such State, and thenceforth are governed in
their relations to each other by, and are amenable only to, the laws of
the United States.
"Resolved, That when the brig Creole, on her late voyage for New
Orleans, left the territorial jurisdiction of Virginia, the slave laws
of that State ceased to have jurisdiction over the persons on board said
brig, and such persons became amenable only to the law of the United
States.
"Resolved, That the persons on board the said ship, in reserving their
natural rights of personal liberty, violated no law of the United
States, incurred no legal penalty, and are justly liable to no
punishment."--_Cong. Globe, 27 Cong. 2 Sess., 324._
=24. Benton's resolution on slaves escaping to Canada. [Sec. 23.]=
=1844, Jan. 29.= Mr. Benton presented the following resolution:--
"_Resolved_, That the President be requested to communicate
to the Senate the information, if any, which may be in the
Department of State, in relation to slaves committing crimes
and escaping from the United States to the British dominions
since the ratification of the treaty of 1842, and the refusal
of the British authorities to give them up. Also, that he
communicate to the Senate the information, if any such is
possessed by him, of the construction which the British government
puts upon the said article in relation to slaves committing
crimes in the United States and taking refuge in the British
dominions."--_Congressional Record, 28 Cong. 1 Sess., 206._
=25. Giddings's resolution for the abolition of the slave trade in the
District of Columbia. [Sec. 28.]=
=1848, Jan. 17.= Mr. Giddings described the seizure of a colored man
employed as waiter in a colored boarding-house in Washington. He then
offered the following resolution:--
"_Resolved_, That a select committee of five members be appointed to
inquire into and report upon facts aforesaid; also as to the propriety
of repealing such acts of Congress as sustain or authorize the slave
trade in this District, or to remove the seat of the Government to some
free State." Resolution laid on the table.--_House Journal, 30 Cong. 1
Sess., 250; Cong. Globe, 30 Cong. 1 Sess., 179._
=26. Hall's repeal resolution for the District of Columbia. [Sec. 28.]=
=1848, Feb. 28.= Mr. Nathan K. Hall offered the following preamble and
resolutions, which were read, and, debate arising thereon, it was laid
over under the rule, viz.:--
"Preamble.... _Resolved_, That the Committee on the Judiciary be, and
they are hereby, directed to report to this House with all convenient
speed a bill repealing all laws of Congress, and abrogating, so far as
they are operative or in force in the District of Columbia all the laws
in the State of Maryland which authorize or require the courts,
officers, or magistrates of the United States, or of the said District,
within the District of Columbia to issue process for arrest, or commit
to the jail of the said District any runaway or other slave or fugitive
from service," etc. Resolution laid over under the rule.--_House
Journal, 30 Cong. 1 Sess., 450, 453; Cong. Globe, 30 Cong. 1 Sess.,
390._
[Sidenote: Resolutions. Bill of 1850.]
=27. Giddings's resolution inquiring into the condition of the District
of Columbia jail. [Sec. 28.]=
=1848, April 18.= Mr. Giddings introduced the following resolution:--
"Whereas, more than eighty men, women, and children, are said to be now
confined in the prison of the District of Columbia without being charged
with crime or any impropriety other than an attempt to enjoy that
liberty for which our fathers encountered toil, suffering, and death
itself, and for which the people of many European governments are now
struggling; And whereas said prison was erected, and is now sustained,
by funds contributed by the people of the free as well as of the slave
States, and is under the control of the laws and officers of the United
States:
"And whereas, such practice is derogatory to our national character,
incompatible with the duty of a civilized and Christian people, and
unworthy of being sustained by an American Congress: Therefore, _Be it
resolved_, That a select committee of five members of this body be
appointed to inquire into and report to this House by what authority
said prison is used for the purpose of confining persons who have
attempted to escape from slavery, with leave to report what legislation
is proper in regard to said practice. _Resolved, further_, that said
committee be authorized to send for persons and papers." Objections
being made, the motion was not received.--_Cong. Globe, 30 Cong. 1
Sess., 641._
=28. Giddings's resolution on the jail in the District of Columbia. [Sec.
28.]=
=1848, April 21.= Mr. Giddings visited the jail in the District of
Columbia for the purpose of interviewing the persons confined there on
charge of carrying away slaves from this District. He was then mobbed
and his life endangered.
"_Resolved_, That a committee of five members be appointed to
investigate and report to this House respecting the points alluded to in
the above statement, and that said committee be authorized to send for
persons and papers, and to sit during the session of the House."--_Cong.
Globe, 30th Cong. 1 Sess., 664._
=29. Meade's resolution on more effectual enforcement of the
constitutional article on fugitive slaves. [Sec. 27.]=
=1849, Jan. 8.= Mr. Meade moved that the rules be suspended to enable
him to offer the following resolution:--
"Preamble. Whereas it is the duty of the Congress of the United States
to enact all laws necessary to enforce such provisions of the
Constitution as were intended to protect the citizens of the several
States in their rights of property, and past experience has proved that
laws should be passed by Congress to enforce the second section of the
fourth article of the Constitution, which requires that persons held to
labor in one State, escaping into another, shall be delivered up on
claim of the party to whom such labor may be due; therefore, Resolved,
That the Committee on the Judiciary is hereby instructed to report a
bill to this House, providing effectually for the apprehension and
delivery of fugitives from labor who have escaped, or may hereafter
escape, from one State into another." Rules not suspended.--_House
Journal, 30 Cong. 3 Sess., 213; Cong. Globe, 30 Cong. 2 Sess., 188._
=30. Legislative history of the Fugitive Slave Act. [Jan. 3 to Sept. 18,
Sec. 29.]=
=1850, Jan. 3.= Mr. Mason of Virginia gave notice of his intention to
introduce a bill.--_Cong. Globe, 99._
=Jan. 4.= Senate bill No. 23 introduced by Mason, read twice, ordered
printed, and referred to the Committee on the Judiciary.--_Senate
Journal, 54; Globe, 103._
=Jan. 16.= Bill reported favorably by Butler from the committee, ordered
printed, and made a special order for Jan. 23.--_Senate Journal, 88;
Globe, 171; Senate Reports, I. No. 12._
=Jan. 22.= Debate begun. Mason offered an amendment which made the fine
for any obstruction of the workings of the act one thousand dollars, and
refused to allow the testimony of a fugitive.--_Globe_, 210.
=Jan. 23, 24.= Bill taken up and debated.--_Senate Journal_, 104, 110;
_Globe_, 220, 228; _Globe App._ 79, 83.
=Jan 28.= Seward presented an amendment, which allowed the right of
trial by jury, and punished judges who should disallow the writ of
habeas corpus.--_Senate Journal_, 117; _Globe_, 233-237.
=Jan. 29.= Clay introduced, as a part of his compromise resolutions, a
declaration that a more effective fugitive slave act should be
passed.--_Senate Journal_, 118; _Globe_, 247.
=Jan. 31.= Mason offered a substitute for the bill already before the
Senate. It was laid on the table, and ordered to be printed.--_Globe_,
270.
=June 3.= Webster brought in an amendatory bill.--_Senate Journal_, 370;
_Globe_, 1111.
=Aug. 15.= The debate was again opened, and made the special order for
Aug. 19.--_Senate Journal_, 560; _Globe_, 1588.
=Aug. 19.= Mason offered as an amendment a substitute for the bill
already before the Senate.--_Senate Journal_, 564; _Globe_, 1605; _Globe
App._, 1582.
Dayton brought in an amendment which gave trial by jury. This was
rejected.--_Senate Journal_, 564; _Globe App._, 564.
Chase offered one of the same character, which was also
rejected.--_Globe App._, 1589.
Winthrop brought in an amendment granting the protection of the habeas
corpus. This was rejected.--_Senate Journal_, 565; _Globe App._, 1589.
=Aug. 20.= Mason's substitute was agreed to.--_Senate Journal_, 568;
_Globe_, 1616; _Globe App._, 1591.
An amendment to Mason's substitute was offered by Mr. Pratt. This gave
the owner the right of suit against the United States for the value of
the slave if not delivered. This was afterward amended by Mason and
Pratt, and rejected, August 23.--_Senate Journal_, 570-573; _Globe_,
1636; _Globe App._, 1609.
=Aug 22.= Underwood offered an amendment as a substitute, and Davis
presented an amendment to Mason's bill striking out the clause providing
compensation for escaped slaves. This was rejected.--_Senate Journal_,
573, 580; _Globe_, 1636; _Globe App._, 1609, 1619.
= Aug. 23.= Amendments were offered to Underwood's amendment by Chase
and Badger. Both were rejected.--_Senate Journal_, 575-580; _Globe
App._, 1619, 1623, 1625.
Another slight amendment by Chase was also rejected.--_Globe App._,
1624.
Mason amended his bill by making the Marshal liable for the value of a
slave who has escaped from his custody.--_Senate Journal_, 576; _Globe
App._, 1625.
An attempt to amend the bill by striking out the compensation for
escaped slaves, and other slight changes, was made by Davis, and the
amendment was accepted.--_Senate Journal_, 580; _Globe App._, 1630.
Bill as amended was then ordered to be engrossed for the third
reading.--_Senate Journal_, 581; _Globe_, 1647; _Globe App._, 1630.
=Aug. 26.= After changing the title to make it an act supplementary to
that of 1793, the bill was passed, and sent to the House.--_Senate
Journal_, 583; _Globe_, 1660.
=Sept. 12.= In the House it was read a first and second time by title.
Thompson of Pennsylvania moved to put it on its passage, and moved the
previous question, which he refused to withdraw, and which was
carried.--_House Journal_, 1289, 1448.
Stevens moved to lay it on the table, but the motion was lost, and the
bill was ordered to a third reading.--_House Journal_, 1449.
The bill was passed, 109 to 75.--_House Journal_, 1451-1453; _Globe_,
1807.
It was returned to the Senate.--_Senate Journal_, 627; _Globe_, 1810.
=Sept 14.= The bill was signed by the presiding officer of the
Senate.--_Senate Journal_, 629; _Globe_, 1815.
Bill signed by the Speaker of the House.--_House Journal, 1457; Globe,
1812._
=Sept. 16.= Bill sent to the President, and signed by him Sept.
18.--_House Journal, 1472, 1497; Senate Journal, 638, 648._
[Sidenote: Second Fugitive Slave Act.]
=31. Second Fugitive Slave Act. [Sec.Sec. 29, 30.]=
=1850, Sept. 18.= "_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,' approved February twelfth, one
thousand seven hundred and ninety-three._
"_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the persons who have
been, or may hereafter be, appointed commissioners, in virtue of any act
of Congress, by the Circuit Courts of the United States, and who, in
consequence of such appointment, are authorized to exercise the powers
that any justice of the peace, or other magistrate of any of the United
States, may exercise in respect to offenders for any crime or offence
against the United States, by arresting, imprisoning, or bailing the
same under and by virtue of the thirty-third section of the act of the
twenty-fourth of September seventeen hundred and eighty-nine, entitled
'An Act to establish the judicial courts of the United States,' shall
be, and are hereby, authorized and required to exercise and discharge
all the powers and duties conferred by this act.
"SEC. 2. _And be it further enacted_, That the Superior Court of each
organized Territory of the United States shall have the same power to
appoint commissioners to take acknowledgments of bail and affidavits,
and to take depositions of witnesses in civil causes, which is now
possessed by the Circuit Court of the United States; and all
commissioners who shall hereafter be appointed for such purposes by the
Superior Court of any organized Territory of the United States, shall
possess all the powers, and exercise all the duties, conferred by law
upon the commissioners appointed by the Circuit Courts of the United
States for similar purposes, and shall moreover exercise and discharge
all the powers and duties conferred by this act.
"SEC. 3. _And be it further enacted_, That the Circuit Courts of the
United States, and the Superior Courts of each organized Territory of
the United States, shall from time to time enlarge the number of
commissioners, with a view to afford reasonable facilities to reclaim
fugitives from labor, and to the prompt discharge of the duties imposed
by this act.
"SEC. 4. _And be it further enacted_, That the commissioners above named
shall have concurrent jurisdiction with the judges of the Circuit and
District Courts of the United States, in their respective circuits and
districts within the several States, and the judges of the Superior
Courts of the Territories, severally and collectively, in term-time and
vacation; and shall grant certificates to such claimants, upon
satisfactory proof being made, with authority to take and remove such
fugitives from service or labor, under the restrictions herein
contained, to the State or Territory from which such persons may have
escaped or fled.
"SEC. 5. _And be it further enacted_, That it shall be the duty of all
marshals and deputy marshals to obey and execute all warrants and
precepts issued under the provisions of this act, when to them directed;
and should any marshal or deputy marshal refuse to receive such warrant,
or other process, when tendered, or to use all proper means diligently
to execute the same, he shall, on conviction thereof, be fined in the
sum of one thousand dollars, to the use of such claimant, on the motion
of such claimant by the Circuit or District Court for the district of
such marshal; and after arrest of such fugitive, by such marshal or his
deputy, or whilst at any time in his custody under the provisions of
this act, should such fugitive escape, whether with or without the
assent of such marshal or his deputy, such marshal shall be liable, on
his official bond, to be prosecuted for the benefit of such claimant,
for the full value of the service or labor of said fugitive in the
State, Territory, or District whence he escaped: and the better to
enable the said commissioners, when thus appointed, to execute their
duties faithfully and efficiently, in conformity with the requirements
of the Constitution of the United States and of this act, they are
hereby authorized and empowered, within their counties respectively, to
appoint, in writing under their hands, any one or more suitable persons,
from time to time, to execute all such warrants and other process as may
be issued by them in the lawful performance of their respective duties;
with authority to such commissioners, or the persons to be appointed by
them, to execute process as aforesaid, to summon and call to their aid
the bystanders, or _posse comitatus_ of the proper county, when
necessary to insure a faithful observance of the clause of the
Constitution referred to, in conformity with the provisions of this act;
and all good citizens are hereby commanded to aid and assist in the
prompt and efficient execution of this law, whenever their services may
be required, as aforesaid, for that purpose; and said warrants shall
run, and be executed by said officers, anywhere in the State within
which they are issued.
"SEC. 6. _And be it further enacted_, That when a person held to service
or labor in any State or Territory of the United States, has heretofore
or shall hereafter escape into another State or Territory of the United
States, the person or persons to whom such service or labor may be due,
or his, her, or their agent or attorney, duly authorized, by power of
attorney, in writing, acknowledged and certified under the seal of some
legal officer or court of the State or Territory in which the same may
be executed, may pursue and reclaim such fugitive person, either by
procuring a warrant from some one of the courts, judges, or
commissioners aforesaid, of the proper circuit, district, or county, for
the apprehension of such fugitive from service or labor, or by seizing
and arresting such fugitive, where the same can be done without process,
and by taking, or causing such person to be taken, forthwith before such
court, judge, or commissioner, whose duty it shall be to hear and
determine the case of such claimant in a summary manner; and upon
satisfactory proof being made, by deposition or affidavit, in writing,
to be taken and certified by such court, judge, or commissioner, or by
other satisfactory testimony, duly taken and certified by some court,
magistrate, justice of the peace, or other legal officer authorized to
administer an oath and take depositions under the laws of the State or
Territory from which such person owing service or labor may have
escaped, with a certificate of such magistracy or other authority, as
aforesaid, with the seal of the proper court or officer thereto
attached, which seal shall be sufficient to establish the competency of
the proof, and with proof, also by affidavit, of the identity of the
person whose service or labor is claimed to be due as aforesaid, that
the person so arrested does in fact owe service or labor to the person
or persons claiming him or her, in the State or Territory from which
such fugitive may have escaped as aforesaid, and that said person
escaped, to make out and deliver to such claimant, his or her agent or
attorney, a certificate setting forth the substantial facts as to the
service or labor due from such fugitive to the claimant, and of his or
her escape from the State or Territory in which such service or labor
was due, to the State or Territory in which he or she was arrested, with
authority to such claimant, or his or her agent or attorney, to use such
reasonable force and restraint as may be necessary, under the
circumstances of the case, to take and remove such fugitive person back
to the State or Territory whence he or she may have escaped as
aforesaid. In no trial or hearing under this act shall the testimony of
such alleged fugitive be admitted in evidence; and the certificates in
this and the first [fourth] section mentioned, shall be conclusive of
the right of the person or persons in whose favor granted, to remove
such fugitive to the State or Territory from which he escaped, and shall
prevent all molestation of such person or persons by any process issued
by any court, judge, magistrate, or other person whomsoever.
"SEC. 7. _And be it further enacted_, That any person who shall
knowingly and willingly obstruct, hinder, or prevent such claimant, his
agent or attorney, or any person or persons lawfully assisting him, her,
or them, from arresting such a fugitive from service or labor, either
with or without process as aforesaid, or shall rescue, or attempt to
rescue, such fugitive from service or labor, from the custody of such
claimant, his or her agent or attorney, or other person or persons
lawfully assisting as aforesaid, when so arrested, pursuant to the
authority herein given and declared; or shall aid, abet, or assist such
person so owing service or labor as aforesaid, directly or indirectly,
to escape from such claimant, his agent or attorney, or other person or
persons legally authorized as aforesaid; or shall harbor or conceal such
fugitive, so as to prevent the discovery and arrest of such person,
after notice or knowledge of the fact that such person was a fugitive
from service or labor as aforesaid, shall, for either of said offences,
be subject to a fine not exceeding one thousand dollars, and
imprisonment not exceeding six months, by indictment and conviction
before the District Court of the United States for the district in which
such offence may have been committed, or before the proper court of
criminal jurisdiction, if committed within any one of the organized
Territories of the United States; and shall moreover forfeit and pay, by
way of civil damages to the party injured by such illegal conduct, the
sum of one thousand dollars, for each fugitive so lost as aforesaid, to
be recovered by action of debt, in any of the District or Territorial
Courts aforesaid, within whose jurisdiction the said offence may have
been committed.
"SEC. 8. _And be it further enacted_, That the marshals, their deputies,
and the clerks of the said District and Territorial Courts, shall be
paid, for their services, the like fees as may be allowed to them for
similar services in other cases; and where such services are rendered
exclusively in the arrest, custody, and delivery of the fugitive to the
claimant, his or her agent or attorney, or where such supposed fugitive
may be discharged out of custody for the want of sufficient proof as
aforesaid, then such fees are to be paid in the whole by such claimant,
his agent or attorney; and in all cases where the proceedings are before
a commissioner, he shall be entitled to a fee of ten dollars in full for
his services in each case, upon the delivery of the said certificate to
the claimant, his or her agent or attorney; or a fee of five dollars in
cases where the proof shall not, in the opinion of such commissioner,
warrant such certificate and delivery, inclusive of all services
incident to such arrest and examination, to be paid, in either case, by
the claimant, his or her agent or attorney. The person or persons
authorized to execute the process to be issued by such commissioners for
the arrest and detention of fugitives from service or labor as
aforesaid, shall also be entitled to a fee of five dollars each for each
person he or they may arrest and take before any such commissioner as
aforesaid, at the instance and request of such claimant, with such other
fees as may be deemed reasonable by such commissioner for such other
additional services as may be necessarily performed by him or them; such
as attending at the examination, keeping the fugitive in custody, and
providing him with food and lodging during his detention, and until the
final determination of such commissioner; and, in general, for
performing such other duties as may be required by such claimant, his or
her attorney or agent, or commissioner in the premises, such fees to be
made up in conformity with the fees usually charged by the officers of
the courts of justice within the proper district or county, as near as
may be practicable, and paid by such claimants, their agents or
attorneys, whether such supposed fugitives from service or labor be
ordered to be delivered to such claimants by the final determination of
such commissioners or not.
"SEC. 9. _And be it further enacted_, That, upon affidavit made by the
claimant of such fugitive, his agent or attorney, after such certificate
has been issued, that he has reason to apprehend that such fugitive will
be rescued by force from his or their possession before he can be taken
beyond the limits of the State in which the arrest is made, it shall be
the duty of the officer making the arrest to retain such fugitive in his
custody, and to remove him to the State whence he fled, and there to
deliver him to said claimant, his agent, or attorney. And to this end,
the officer aforesaid is hereby authorized and required to employ so
many persons as he may deem necessary to overcome such force, and to
retain them in his service so long as circumstances may require. The
said officer and his assistants, while so employed, to receive the same
compensation, and to be allowed the same expenses, as are now allowed by
law for transportation of criminals, to be certified by the judge of the
district within which the arrest is made, and paid out of the treasury
of the United States.
"SEC. 10. _And be it further enacted_, That when any person held to
service or labor in any State or Territory, or in the District of
Columbia, shall escape therefrom, the party to whom such service or
labor shall be due, his, her, or their agent or attorney, may apply to
any court of record therein, or judge thereof in vacation, and make
satisfactory proof to such court, or judge in vacation, of the escape
aforesaid, and that the person escaping owed service or labor to such
party. Whereupon the court shall cause a record to be made of the
matters so proved, and also a general description of the person so
escaping, with such convenient certainty as may be; and a transcript of
such record, authenticated by the attestation of the clerk and of the
seal of the said court, being produced in any other State, Territory, or
district in which the person so escaping may be found, and being
exhibited to any judge, commissioner, or other officer authorized by the
law of the United States to cause persons escaping from service or labor
to be delivered up, shall be held and taken to be full and conclusive
evidence of the fact of escape, and that the service or labor of the
person escaping is due to the party in such record mentioned. And upon
the production by the said party of other and further evidence if
necessary, either oral or by affidavit, in addition to what is contained
in the said record of the identity of the person escaping, he or she
shall be delivered up to the claimant. And the said court, commissioner,
judge, or other person authorized by this act to grant certificates to
claimants of fugitives, shall, upon the production of the record and
other evidences aforesaid, grant to such claimant a certificate of his
right to take any such person identified and proved to be owing service
or labor as aforesaid, which certificate shall authorize such claimant
to seize or arrest and transport such person to the State or Territory
from which he escaped: _Provided_, That nothing herein contained shall
be construed as requiring the production of a transcript of such record
as evidence as aforesaid. But in its absence the claim shall be heard
and determined upon other satisfactory proofs, competent in law.
"Approved, September 18, 1850."--_Statutes at Large, ix. 462-465._
[Sidenote: Act of 1850. Resolutions.]
=32. McLanahan's resolution against repeal of the law of 1850.=
=1851, Jan. 13.= Mr. McLanahan moved that the rules be suspended to
enable him to introduce the following resolution, viz., "_Resolved_,
That it would be inexpedient and improper to repeal the law passed at
the last session of Congress, 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,'
approved Feb. 12, 1793." House refused to suspend the rules.--_House
Journal, 31 Cong. 2 Sess., 139; Cong. Globe, 31 Cong. 2 Sess., 226._
=33. Clay's resolution on the Shadrach case, Boston. [Sec. 51.]=
=1851, Feb. 17.= Mr. Clay submitted the following resolution, which lies
over one day: "_Resolved_, That the President of the United States be
requested to lay before the Senate, if not incompatible with the public
interest, any information he may possess in regard to an alleged recent
case of a forcible resistance to the execution of the laws of the United
States in the city of Boston, and to communicate to the Senate under the
above condition what means he has adopted to meet the occurrence, and
whether, in his opinion, any additional legislation is necessary to meet
the exigency of the case, and to more rigorously execute existing laws."
Resolution adopted.--_Senate Journal, 31 Cong. 2 Sess., 187; Cong.
Globe, 31 Cong. 2 Sess., 580._
=34. Bright's bill explanatory of law of 1850.=
=1851, Feb. 10.= Mr. Bright obtained leave to bring in a bill (458)
explanatory of the act approved 18th September in the year 1850,
entitled, "An Act to amend, and supplemental to, the act entitled, 'An
Act respecting fugitives from justice and persons escaping from the
service of their masters,'" approved Feb. 12, 1793, which was read
twice, and referred to the Committee on the Judiciary.--_Senate Journal,
32 Cong. 1 Sess., 162._
The bill is in the following terms: "_Be it enacted, etc._, that all
action and causes of action, and all proceedings instituted and to be
instituted, for any violation of the provisions of said act respecting
fugitives from justice and persons escaping from the service of their
masters, approved the 12th February, 1793, may be instituted and
prosecuted to final judgment and execution as if the said act of Sept.
18, 1850, had not been passed."--_Cong. Globe, 31 Cong. 2 Sess., 492._
=35. Fitch's resolution affirming the Compromise.=
=1852, March 1.= Mr. Fitch offered the following resolution:
"_Resolved_, That we recognize the binding efficacy of the compromises
of the Constitution, and believe it to be the intention of the people
generally, as we hereby declare it to be ours individually, to abide
such compromises, and to sustain the laws necessary to carry out the
provisions for the delivery of fugitive slaves ordered, and that we
deprecate all further agitation of questions growing out of that
provision of the Constitution embraced in the acts of the last Congress
known as the Compromise."--_House Journal, 32 Cong. 1 Sess., 408; Cong.
Globe, 32 Cong. 1 Sess., 659._
=36. Jackson's resolution affirming the Compromise.=
=1852, March 22.= "_Resolved_, That we recognize the binding efficacy of
the compromises of the Constitution, and believe it to be the intention
of the people generally, as we hereby declare it to be ours
individually, to abide such compromises, and to sustain the laws
necessary to carry them out,--the provision for the delivery of fugitive
slaves, and the act of the last Congress for that purpose included,--and
that we deprecate all further agitation of questions growing out of that
provision, of the questions embraced in the acts of the last Congress
known as the Compromise, and of questions generally connected with the
institution of slavery as unnecessary, useless, and dangerous."
Resolution, as amended by Mr. Hillyer below, agreed to.--_House Journal,
32 Cong. 1 Sess., 550; Cong. Globe, 32 Cong. 1 Sess., 825._
=37. Hillyer's finality resolution.=
=1852, April 5.= Mr. Hillyer moved the following resolution:
"Resolved, That the series of acts passed during the first session of
the Thirty-first Congress, known as the compromise, are recorded as a
final adjustment, and a permanent settlement of the questions there
embraced, and should be maintained and executed as such." Resolution
agreed to, April 6, 1852.--_House Journal, 32 Cong. 1 Sess., 548; Cong.
Globe, 32 Cong. 1 Sess., 979._
=38. Chase's resolution of inquiry into payments under act of 1850.=
=1852, June 3.= Mr. Chase submitted the following resolution: "Resolved,
That the Secretary of the Interior be directed to communicate to the
Senate statements, showing in detail the expenses incurred and claims
made under the Act to amend and supplemental to the 'Act respecting
fugitives from justice and persons escaping from the service of their
masters,' distinguishing the expenses incurred and claimed by reason of
prosecutions for treasons, alleged to have been committed in resistance
of said act from expenses incurred and claimed by reason of other
prosecutions for offending against said act, and for proceedings before
and under orders made by committee." No action taken.--_Senate Journal,
32 Cong. 1 Sess., 450; Cong. Globe, 32 Cong. 1 Sess., 1519._
APPENDIX C.
_NATIONAL ACTS AND PROPOSITIONS RELATING TO FUGITIVE SLAVES._
(1860-1864.)
This Appendix is intended to contain references to all the resolutions,
bills, and acts of Congress, relative to fugitives, from the beginning of
the critical session of 1860-61 to the repeal of the acts in 1864. The
resolutions for amendments to the Constitution have been collected by Mr.
Herman V. Ames of the Harvard Graduate School, who has kindly selected
out of the numerous amendments proposed in the last session of the
Thirty-Sixth Congress those bearing upon this subject.
The single star (*) indicates a measure which passed one House: a double
star (**) a measure which passed both Houses.
=1. President Buchanan's message. [Sec. 86.]=
=1860, Dec. 4.= Paragraph on the return of fugitive slaves: _Senate
Journal, 36 Cong. 2 Sess., 18._
=2. Cochrane's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Constitution, for the return of fugitives:
_House Journal, 36 Cong. 2 Sess., 61; Cong. Globe, 77._
=3. Morris's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36
Cong. 2 Sess. 63; Cong. Globe, 77._
=4. Leake's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution: _House Journal, 36 Cong.
2 Sess., 65; Cong. Globe, 77._
=5. Cox's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _Senate Journal, 36
Cong. 2 Sess., 66; Cong. Globe, 77._
=6. Stevenson's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36
Cong. 2 Sess., 67; Cong. Globe, 77._
=7. Niblack's Resolution. [Sec. 86.]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36
Cong. 2 Sess., 69; Cong. Globe, 77._
=8. English's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution on the return of
fugitives: _House Journal, 36 Cong. 2 Sess., 68; Cong. Globe, 78._
=9. McClernand's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution, on fugitive slaves:
_House Journal, 36 Cong. 2 Sess., 68; Cong. Globe, 78._
=10. Hindman's Joint Resolution. [Sec. 86.]=
=1860, Dec. 12.= Amendment to the Constitution for the enforcement of
the Fugitive Slave Law: _House Journal, 36 Cong. 2 Sess., 70; Cong.
Globe, 79._
=11. Kilgore's Resolution. [Sec. 86]=
=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36
Cong. 2 Sess., 70; Cong Globe, 78._
=12. Johnson's Joint Resolution. [Sec. 86.]=
=1860, Dec. 13.= Amendment to the Constitution for the return of
fugitive slaves: _Senate Journal, 36 Cong. 2 Sess., 41; Cong. Globe,
83._
=13. Crittenden's Joint Resolution. [Sec. 86.]=
=1860, Dec. 18.= Amendment to the Constitution for payment for fugitive
slaves: _Cong. Globe, 36 Cong. 2 Sess., 114._
=14. Douglas's Joint Resolution. [Sec. 86.]=
=1860, Dec. 24.= Amendment to the Constitution for payment for fugitive
slaves: _Senate Journal, 36 Cong. 2 Sess., 61; Cong. Globe, 183._
=15. Florence's Joint Resolution.=
=1861, Jan. 15.= Amendment to the Constitution for payment for fugitive
slaves: _Cong. Globe, 36 Cong 2 Sess., 378._
=16. Morris's Joint Resolution.=
=1861, Jan. 23.= Amendment to the Constitution on the return of fugitive
slaves: _Cong. Globe, 36 Cong. 2 Sess., 527._
=17. Douglas's Bill to amend the Fugitive Slave Laws. [Sec. 101.]=
=1861, Jan. 28.= Introduced: _Cong. Globe, 36 Cong. 2 Sess., 586._
=18. Florence's Joint Resolution.=
=1861, Jan. 28.= Amendment to the Constitution against the obstruction
of the Fugitive Slave Law by States: _Cong. Globe, 36 Cong. 2 Sess.,
598._
=19. Kellogg's Joint Resolution.=
=1861, Feb. 1.= Amendment to the Constitution on the power of Congress
over fugitive slaves: _Cong. Globe, 36 Cong. 2 Sess., 690._
=20. Kellogg's Joint Resolution.=
=1861, Feb. 26.= Same as above: _Cong. Globe, 36 Cong. 2 Sess, 1243._
=21. Kellogg's Joint Resolution.=
=1861, Feb. 27.= Similar to above: _House Journal, 36 Cong. 2 Sess.,
410; Cong. Globe, 1259._
=22. Peace Convention Amendment to the Constitution. [Sec. 85.]=
=1861, Feb. 27.= Reported by select committee: _Senate Journal, 36 Cong.
2 Sess., 332, 637; Cong. Globe, 1254._
=23. Clarence's Joint Resolution.=
=1861, Feb. 27.= Amendment to the Constitution for payment for fugitive
slaves: _Cong. Globe, 36 Cong 2 Sess., 1260._
=24. Crittenden's Joint Resolution.=
=1861, Feb. 28.= Amendment to the Constitution on the power of the
States over fugitive slaves, etc.: _Cong. Globe, 36 Cong. 2 Sess.,
1270._
=*25. Compromise Bill to amend the Fugitive Slave Act. [Sec. 87.]=
=1861, Mar. 1.= Bill reported by the select committee of thirty-three
for the amendment of the act for the rendition of fugitives from labor:
_Cong. Globe, 36 Cong. 2 Sess., 1327._----=Mar. 1.= Vallandigham's
amendment to the above: _Cong. Globe, 36 Cong. 2 Sess., 1328._----=Mar.
1.= Bill passed the House: _Cong. Globe, 36 Cong. 2 Sess., 1327,
1328._----=Mar. 2.= Bill read in the Senate: _Cong. Globe, 36, Cong. 2
Sess., 1350._
=26. Pugh's Joint Resolution.=
=1861, Mar. 2.= Amendment to the Constitution on the return of fugitive
slaves: _Senate Journal, 36 Cong. 2 Sess., 378; Cong. Globe, 1368._
=27. Johnson's Joint Resolution on the return of fugitives.=
=1861, Mar. 2.= Amendment to the Constitution: _Senate Journal, 36 Cong.
2 Sess., 382; Cong. Globe, 1401._
=28. Powell's Joint Resolution on the return of fugitive slaves.=
=1861, Mar. 2.= Amendment to the Constitution: _Senate Journal, 36 Cong.
2 Sess., 384; Cong. Globe, 1404._
=29. Lovejoy's Resolution against the return of fugitives by the Army.
[Sec. 95.]=
=1861, July 9.= Introduced: _House Journal, 37 Cong. 1 Sess., 653; Cong.
Globe, 32._
=30. Trumbull's confiscation Bill. [Sec. 90.]=
=1861, July 15.= Introduced: _Senate Journal, 37 Cong. 1 Sess., 42;
Cong. Globe, 120._
=**31. Chandler's confiscation Act. [Sec. 90.]=
=1861, July 15.= Introduced: _Senate Journal, 37 Cong. 1 Sess., 44;
Cong. Globe, 120._----=July 22.= Trumbull's amendment: _Senate Journal,
37 Cong. 1 Sess., 70; Cong. Globe, 218._----=July 22.= Passed the Senate
(yeas and nays not given): _Senate Journal, 37 Cong. 1 Sess., 71; Cong.
Globe, 219._----=July 23.= Senate bill introduced into the House and
referred: _House Journal, 37 Cong. 1 Sess., 136; Cong. Globe,
231._----=Aug. 2.= Reported with amendment in the House: _House Journal,
37 Cong. 1 Sess., 197; Cong. Globe, 409._----=Aug. 3.= Committee
amendments: _House Journal, 37 Cong. 1 Sess., 232; Cong. Globe,
431._----=Aug 3.= Passed the House (yeas 60, nays 48): _House Journal,
37 Cong 1 Sess., 235; Cong. Globe, 431._----=Aug 5.= Passed the Senate
as amended in the House: _Senate Journal, 37 Cong. 1 Sess., 178; Cong.
Globe, 434._----=Aug. 6.= Bill signed by the President: _Senate Journal,
37 Cong. 1 Sess., 195; Cong. Globe, 454._
=32. Wilson's Joint Resolution for discharge of fugitives from the
Washington jail. [Sec. 97.]=
=1861, Dec. 4.= Introduced and referred: _Senate Journal, 37 Cong, 2
Sess., 24; Cong. Globe, 12._
=*33. Wilson's Resolution on repeal of the black code in the District of
Columbia. [Sec. 97.]=
=1861, Dec. 4.= Introduced and agreed to: _Senate Journal, 37 Cong. 2
Sess., 22; Cong. Globe, 12._
=*34. Clark's Resolution on persons in Washington jail.=
=1861, Dec. 4.= Introduced and agreed to: _Senate Journal, 37 Cong 2
Sess., 22; Cong. Globe, 12._
=35. Lovejoy's Bill to prevent return by the Army. [Sec. 95.]=
=1861, Dec. 4.= Introduced: _House Journal, 37 Cong. 2 Sess., 16; Cong.
Globe, 34._
=*36. Sumner's Resolution on Army orders relating to fugitive slaves.=
=1861, Dec. 4.= Introduced and agreed to: _Senate Journal, 37 Cong. 2
Sess., 19; Cong. Globe, 9._
=37. Trumbull's Confiscation Bill.=
=1861, Dec 5.= Introduced and read twice: _Senate Journal, 37 Cong. 2
Sess., 27; Cong. Globe, 10._
=*38. Fessenden's Resolution on the Washington jail. [Sec. 97.]=
=1861, Dec. 9.= Introduced: _House Journal, 37 Cong 2 Sess., 54; Cong.
Globe, 36._----=Dec. 9.= Aldrich's amendment: _Cong. Globe, 37 Cong. 2
Sess., 36._----=Dec. 9.= Lovejoy's amendment: _Cong. Globe, 37 Cong. 2
Sess., 36._----=Dec. 9.= Passed as amended: _Cong. Globe, 37 Cong. 2
Sess., 36._
=39. Bingham's Resolution on the Washington jail. [Sec. 97.]=
=1861, Dec. 9.= Introduced and referred: _House Journal, 37 Cong. 2
Sess., 52; Cong. Globe, 35._
=40. Morrill's confiscation Joint Resolution. [Sec. 91.]=
=1861, Dec. 11.= Introduced and referred: _Senate Journal, 37 Cong. 2
Sess., 36; Cong. Globe, 49._
=*41. Hale's Resolution on the slaves of rebels. [Sec. 95.]=
=1861, Dec. 16.= Introduced and agreed to: _Senate Journal, 37 Cong. 2
Sess., 45; Cong. Globe, 88._
=42. Wilson's Bill for emancipation in the District of Columbia. [Sec.
98.]=
=1861, Dec. 16.= Introduced and read twice: _Senate Journal, 37 Cong. 2
Sess., 47; Cong. Globe, 89._----=Dec. 19.= Referred: _Cong. Globe, 37
Cong. 2 Sess., 153._ [See No. 54.].
=*43. Sumner's Resolution against the surrender of fugitives by the
Army. [Sec. 95.]=
=1861, Dec. 18.= Introduced and agreed to: _Senate Journal, 37 Cong. 2
Sess., 130; Cong. Globe, 130._
=44. Lovejoy's confiscation and emancipation Resolution. [Sec.Sec. 91, 95.]=
=1861, Dec. 20.= Introduced and laid on the table: _Senate Journal, 37
Cong. 2 Sess., 106; Cong. Globe, 158._
=*45. Julian's Resolution to amend the Fugitive Slave Law. [Sec. 95.]=
=1861, Dec. 20.= Introduced and adopted: _House Journal, 37 Cong. 2
Sess., 103; Cong. Globe, 158._
=46. Shank's Resolution on the return of fugitives by the Army. [Sec. 95.]=
=1861, Dec. 20.= Introduced and referred: _House Journal, 37 Cong. 2
Sess., 102, 124; Cong Globe, 158, 172._
=*47. Wilson's Resolution for articles of war. [Sec. 95.]=
=1861, Dec. 20.= Introduced: _House Journal, 37 Cong. 2 Sess., 103;
Cong. Globe, 158._----=Dec. 23.= Adopted: _Senate Journal, 37 Cong. 2
Sess., 109, 114; Cong. Globe, 159, 168._
=48. Wilson's Bill on the arrest of fugitives by the officers of the
Army and Navy. [Sec. 95.]=
=1861, Dec. 23.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 167;
Cong. Globe, 161, 209._----=1862, Jan. 7.= Committee Amendments: _Senate
Journal, 37 Cong. 2 Sess., 88; Cong. Globe, 207._ [See No 53.]
=49. Howe's Bill for repeal of the Fugitive Slave Act of 1850. [Sec. 101.]=
=1861, Dec. 26.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 74;
Cong. Globe, 177._
=50. Davis's confiscation Bill.=
=1861, Dec. 30.= Introduced and referred: _Senate Journal, 37 Cong. 2
Sess., 75; Cong. Globe, 178._
=**51. Grimes's Act on criminal justice in the District of Columbia [Sec.
97.]=
=1861, Dec. 30.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 75;
Cong. Globe, 182._----=1862, Jan. 6.= Reported: _Cong. Globe, 37 Cong. 2
Sess., 199._----=Jan. 10.= Committee amendments: _Senate Journal, 37
Cong. 2 Sess., 98; Cong. Globe, 264._----=Jan. 10.= Powell's amendment:
_Senate Journal, 37 Cong. 2 Sess., 98, 109; Cong. Globe, 264,
319._----=Jan. 14.= Pearce's two amendments: _Senate Journal. 37 Cong. 2
Sess., 109; Cong. Globe, 319._----=Jan. 14.= Ten Eyck's amendment:
_Senate Journal, 37 Cong. 2 Sess., 109; Cong. Globe, 320._----=Jan. 14.=
Harlan's amendment: _Cong. Globe, 37 Cong. 2 Sess., 320._----=Jan. 14.=
Clark's amendment: _Cong. Globe, 37 Cong. 2 Sess., 320._----=Jan 14.=
Saulsbury's amendment: _Senate Journal, 37 Cong. 2 Sess., 109; Cong.
Globe, 320._----=Jan. 14.= Clark's amendment: _Cong. Globe, 37 Cong. 2
Sess., 321._----=Jan. 14.= Passed the Senate (yeas 31, nays 4): _Senate
Journal, 37 Cong. 2 Sess., 109; Cong. Globe, 321._
=52. Trumbull's Bill for the confiscation of property of rebels and to
free the slaves of rebels. [Sec. 91.]=
=1862, Jan. 15.= Reported from the Senate Committee on Judiciary:
_Senate Journal, 37 Cong. 2 Sess., 113; Cong. Globe, 334._ [See No. 57.]
=53. Amendments to Wilson's Bill on Army and Navy officers. [Sec. 95.]=
=1862, Jan 16.= [See No. 48.] Collamer's amendment: _Senate Journal, 37
Cong. 2 Sess., 116; Cong. Globe, 358._----=Jan. 16.= Saulsbury's
amendment: _Senate Journal, 37 Cong. 2 Sess., 116; Cong. Globe,
358._----=Jan. 16.= Rice's amendment to Saulsbury's amendment: _Cong.
Globe, 37 Cong. 2 Sess., 359._
=54. Wilson's District of Columbia Bill. [Sec. 98.]=
=1862, Feb 12.= [See No. 41.] Reported: _Cong. Globe, 37 Cong. 2 Sess.,
785._
=*55. Wilson's Resolution on the management of the Washington jail.=
=1862, Feb. 18.= Introduced and agreed to: _Senate Journal, 37 Cong. 2
Sess., 217; Cong. Globe, 861._
=56. Wilson's Bill to repeal the black code in the District of Columbia.
[Sec. 98.]=
=1862, Feb. 24.= Introduced and referred: _Senate Journal, 37 Cong. 2
Sess., 263; Cong. Globe, 917._
=57. Amendments to the confiscation Bill. [Sec. 91.]=
=1862, Feb. 25.= [See No. 52.] Trumbull's amendment: _Senate Journal, 37
Cong. 2 Sess., 239; Cong. Globe, 942._----=Feb. 25.= Sumner's amendment:
_Senate Journal, 37 Cong. 2 Sess., 239; Cong. Globe, 946._----=Feb. 27.=
Davis's substitute: _Cong. Globe, 37 Cong. 2 Sess., 986._ [See No. 59.]
=**58. Blair's Act prohibiting return by the Army. [Sec. 95.]=
=1862, Feb. 25.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 358;
Cong. Globe, 955._----=Feb. 25.= Bingham's amendment: _House Journal, 37
Cong. 2 Sess., 358; Cong. Globe, 955._----=Feb. 25.= Passed the House
(yeas 95, nays 51): _House Journal, 37 Cong. 2 Sess., 265; Cong. Globe,
958._----=Mar. 10.= In the Senate; Davis's amendment: _Senate Journal,
37 Cong, 2 Sess., 285; Cong. Globe, 1142._----=Mar. 10.= Saulsbury's
amendment: _Senate Journal, 37 Cong. 2 Sess., 284; Cong. Globe,
1142._----=Mar. 10.= MacDougall's amendment: _Senate Journal, 37 Cong. 2
Sess., 284; Cong. Globe, 1142._----=Mar. 10.= Saulsbury's amendment:
_Senate Journal, 37 Cong. 2 Sess., 284; Cong. Globe 37 Cong. 2 Sess.,
1142._----=Mar. 10.= Passed the Senate (yeas 29, nays 9): _Senate
Journal, 37 Cong. 2 Sess., 285; Cong. Globe, 1142._----=Mar. 14.=
Approved by the President: _Cong. Globe, 37 Cong. 2 Sess., 1243._
=59. Harris's confiscation Bill. [Sec. 91]=
=1862, Mar. 14.= Introduced and referred: _Senate Journal, 37 Cong. 2
Sess., 304; Cong. Globe, 1228._ [See No. 63.]
=60. Report of House Judiciary Committee on confiscation.=
=1862, Mar. 30= Adverse to all bills referred by the House: _Cong.
Globe, 37 Cong. 2 Sess., 1303._ [See No. 64]
=61. Wilson's Resolution on the return of fugitives by the Army and
Navy.=
=1862, Apr. 3.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 361;
Cong. Globe, 1546._ [See No. 70.]
=*62. Bill for the abolition of slavery in the District of Columbia. [Sec.
98.]=
=1862, Apr. 3.= Passed the Senate: _Cong. Globe, 37 Cong. 2 Sess.,
1648._ [See No. 65]
=63. Sherman's Amendment to Harris's confiscation Bill.=
=1862, Apr. 10.= [See No. 59.] Introduced: _Cong. Globe, 37 Cong. 2
Sess., 1652._ [See No. 67.]
=64. Wilson's Bill to amend the Fugitive Slave Act. [Sec. 101.]=
=1862, Apr. 11= Introduced: _Senate Journal, 37 Cong 2 Sess., 385, Cong.
Globe, 1624._----=Apr. 14.= Harris's amendment: _Cong. Globe, 37 Cong. 2
Sess, 1652._----=Apr. 14.= Grimes's amendment: _Senate Journal, 37 Cong.
2 Sess, 393, 439; Cong. Globe, 1692._
=*65. Bill for the abolition of slavery in the District of Columbia. [Sec.
98.]=
=1862, Apr. 16.= [See No. 62.] Passed the House: _Cong. Globe, 37 Cong.
2 Sess., 1686._ Approved by the President.
=66. Lovejoy's Bill on return of fugitives by the Army. [Sec. 95.]=
=1862, Apr. 16.= Reported adversely from the Committee on Judiciary in
the House: _Cong. Globe, 37 Cong. 2 Sess., 1682._
=67. Harris's confiscation Bill. [Sec. 91.]=
=1862, Apr. 16.= [See No. 63.] Reported from the Senate Committee on
Judiciary: _Senate Journal, 37 Cong. 2 Sess., 400; Cong. Globe, 37 Cong.
2 Sess., 1678._----=Apr. 22.= Walton's amendment: _Cong. Globe, 37 Cong.
2 Sess., 1771._----=Apr. 22.= Porter's amendment: _Senate Journal, 37
Cong. 2 Sess., 703; Cong. Globe, 1767, 1772._----=Apr. 22.= Bingham's
amendment: _Cong. Globe, 37 Cong. 2 Sess., 1767._----=Apr. 22.=
Collamer's amendment: _Cong. Globe, 37 Cong. 2 Sess., 1782,
1895._----=Apr. 24.= Motion to recommit: _Senate Journal, 37 Cong. 2
Sess., 434; Cong. Globe, 1856, 1886._ [See No. 71.]
=68. House confiscation Bill. [Sec. 91.]=
=1862, Apr. 23.= A Select Committee raised in the House: _House Journal,
37 Cong. 2 Sess., 602; Cong. Globe, 1788, 1820._
=69. Eliot's confiscation and emancipation Bill. [Sec. 91.]=
=1862, Apr. 30.= Introduced: _House Journal, 37 Cong. 2 Sess., 625;
Cong. Globe, 1886._ [See No. 73.]
=70. Saulsbury's amendment of Wilson's Resolution.=
=1862, May 1.= [See No. 61.] Introduced: _Senate Journal, 37 Cong. 2
Sess., 439; Cong. Globe, 1894._
=71. Harris's confiscation Bill recommitted. [Sec. 91.]=
=1862, May 6.= [See No. 67.] Wilson's amendment of Collamer's amendment:
_Senate Journal, 37 Cong. 2 Sess., 450; Cong. Globe, 1954._----=May 6.=
Final vote: _Senate Journal, 37 Cong. 2 Sess., 450; Cong Globe, 1954,
1965._
=72. Clark's confiscation Bill. [Sec. 91.]=
=1862, May 14.= Reported: _Senate Journal, 37 Cong. 2 Sess., 476; Cong.
Globe, 2112._----=May 14.= Discussed but not acted upon: _Cong. Globe,
37 Cong. 2 Sess., 2163, 2188, 2219, 2842._
=73. Confiscation and emancipation Bill. [Sec. 91.]=
=1862, May 14.= [See No. 69.] Reported in the House: _House Journal, 37
Cong. 2 Sess., 683; Cong. Globe, 2128._ [See No. 75.]
=74. Sumner's Resolution on fugitive slaves.=
=1862, May 22.= Introduced: _Senate Journal, 37 Cong. 2 Sess., 520;
Cong. Globe, 2275._----=May 23.= Grimes's amendment: _Senate Journal, 37
Cong. 2 Sess., 523; Cong. Globe, 2306._----=May 26.= Walton's
emancipation bill amendment: _Cong. Globe, 37 Cong. 2 Sess., 2362,
2363._
=75. Emancipation Bill.=
=1862, June 4.= [See No. 73.] Recommitted: _House Journal, 37 Cong. 2
Sess., 799; Cong. Globe, 2561._ [See No. 76.]
=76. Julian's Bill to repeal the Fugitive Slave Act. [Sec. 101.]=
=1862, June 9.= Introduced with a resolution: _House Journal, 37 Cong. 2
Sess., 826; Cong. Globe, 2623._
=77. Colfax's Resolution demanding trial by jury for fugitives.=
=1862, June 9.= Introduced: _House Journal, 37 Cong. 2 Sess., 828; Cong.
Globe, 2624._
=*78. Bill for emancipation of fugitives from disloyal masters. [Sec. 91.]=
=1862, June 17.= [See No. 75.] Reported in the House: _House Journal, 37
Cong. 2 Sess., 874; Cong. Globe, 2764._----=June 18.= Eliot's
substitute: _House Journal, 37 Cong. 2 Sess., 282; Cong. Globe,
2793._----=June 18.= Emancipation bill passed the House (yeas 82, nays
54): _Cong. Globe, 37 Cong. 2 Sess., 2793._----=June 23.= Clark's Senate
amendment to Eliot's substitute: _Cong. Globe, 37 Cong. 2 Sess., 2879,
2996._----=June 28.= Trumbull's Amendment: _Cong. Globe, 37 Cong. 2
Sess., 2999, 3006._
=**79. Progress of the confiscation Bill. [Sec. 91.]=
=1862, June 28.= Passed the Senate (yeas 28, nays 13): _Senate Journal,
37 Cong. 2 Sess., 726._----=July 11.= Report of Conference Committee
adopted by the House: _House Journal, 37 Cong. 2 Sess., 1045; Cong.
Globe, 3267._----=July 12.= Report of Conference Committee adopted by
the Senate: _Senate Journal, 37 Cong. 2 Sess., 814; Cong. Globe,
3275._----=July 17.= Approved by the President: _Cong. Globe, 37 Cong. 2
Sess., 3403._
=80. Bills for the repeal of the Fugitive Slave Act. [Sec.Sec. 101-103.]=
=1863, Feb. 8.= Ten Eyck's report on Wilson's repeal bill: _Cong. Globe,
37 Cong. 3 Sess._----=Dec. 14.= Stevens's repeal bill: _House Journal,
38 Cong. 1 Sess., 43; Cong. Globe, 19._----=Dec. 14.= Julian's repeal
bill: _House Journal, 38 Cong. 1 Sess., 43; Cong. Globe, 20._----=Dec.
14.= Ashley's repeal bill: _House Journal, 38 Cong 1 Sess., 43; Cong.
Globe, 29._----=1864, Feb 8.= Sumner's repeal bill: _Senate Journal, 38
Cong. 1 Sess., 133; Cong. Globe, 521._----=Feb. 8.= Spalding's repeal
bill: _House Journal, 38 Cong. 1 Sess., 235; Cong. Globe, 526._----=Feb.
29.= Sumner's bill reported: _Senate Journal, 38 Cong. 1 Sess., 196;
Cong. Globe, 864._ [See No. 84]
=81. Saulsbury's substitute on the validity of personal liberty laws in
the States, etc.=
=1864, Apr. 8.= Joint resolution for an amendment to the Constitution:
_Senate Journal, 38 Cong. 1 Sess., 311; Cong. Globe, 1489._
=82. Discussion of the repeal of the Fugitive Slave Law. [Sec. 101.]=
=1864, Apr. 19.= [See No. 80.] Sherman's amendment: _Senate Journal, 38
Cong 1 Sess., 348; Cong. Globe, 1710, 1714._----=Apr. 19.= Henderson's
amendment to Sherman's amendment: _Cong. Globe, 38 Cong. 1 Sess.,
1710._----=Apr. 19.= Saulsbury's amendment: _Senate Journal, 38 Cong. 1
Sess., 348, 621; Cong. Globe, 1715, 3191._----=Apr. 19.= Hale's
amendment to Saulsbury's amendment: _Senate Journal, 38 Cong 1 Sess.,
358; Cong. Globe, 1782._----=Apr. 21.= Howard's amendment: _Senate
Journal, 38 Cong. 1 Sess., 358; Cong. Globe, 1782._ [See No. 81.]
=**83. Act repealing the Fugitive Slave Acts. [Sec.Sec. 101-104.]=
=1864, June 6.= [See No. 82.] Hubbard's repeal resolution: _House
Journal, 38 Cong. 1 Sess., 749._----=June 6.= House substitute for
repeal bill, reported by the Committee on Judiciary: _House Journal, 38
Cong. 1 Sess., 755; Cong. Globe, 2774._----=June 13.= Passed House (yeas
82, nays 57): _House Journal, 38 Cong. 1 Sess., 503; Cong. Globe,
2920._----=June 15.= Referred in the Senate: _Senate Journal, 38 Cong. 1
Sess., 561; Cong. Globe, 2963._----=June 23.= Saulsbury's amendment:
_Senate Journal, 38 Cong. 1 Sess., 621; Cong. Globe, 1864._----=June
23.= Johnson's amendment: _Senate Journal, 38 Cong. 1 Sess., 621; Cong.
Globe, 3191._----=June 23.= Passed the Senate: _Senate Journal, 38 Cong.
1 Sess., 621; Cong Globe, 3191._----=June 28.= Signed by the President:
_House Journal, 38 Cong. 1 Sess., 931; Cong Globe, 3360._
APPENDIX D.
_LIST OF IMPORTANT FUGITIVE SLAVE CASES._
No attempt has been made to present a full list of cases, but only such
as had especial influence on the public mind, or such as illustrate some
special phase of the question.
=1. New Netherlands and Hartford controversy. [Sec. 11.]=
=1646.= Escapes from both colonies: _Winthrop, History of New England,
383; Moore, Notes on History of Slavery in Massachusetts, 28; Doyle,
English in America, I. 391._
=2. Escape to Manhattan. [Sec. 7.]=
=1659.= Four men escaped from New Amsterdam: _New York Colonial
Manuscripts, XIII. 238; Documentary History of N. Y. Colony, II. 556 (Ch.
I. p. 4)._
=3. Escape of white servants to Cape May. [Sec. 9.]=
=1661.= Virginian white colonists escape: _New York Colonial Manuscripts,
XIII. 346._
=4. Escape to the Indians. [Sec. 8.]=
The negro servants of the Governor of Virginia: _New York Colonial
Manuscripts, II. 637._
=5. Escape from English to French. [Sec. 11.]=
=1748.= Negro servant escapes from English to Canada: _New York Colonial
Manuscripts, X. 209._
=6. Crispus Attucks. [Sec. 5.]=
=1750, Oct.= Escaped from Framingham, Mass.: _Boston Gazette, Oct. 2,
1750; Liberator, Mar. 16, 1860; Nineteenth Anniversary of Boston
Massacre, W. C. Neil, Address; Williams, History of the Negro Race in
America, I. 330._
=7. Glasgow. [Sec. 12.]=
Slave freed in Glasgow: _Mass. Historical Society Collections, Third
Series, IX. 2._
=8. Shanley v. Haney. [Sec. 12.]=
=1762.= Slave freed in England: _Quincy, Reports of Cases, 96._
=9. Somersett case. [Sec. 12.]=
=1772.= England will not return a fugitive slave: _Moore, Slavery in
Mass., 117; Cobb, Historical Sketch of Slavery, 163; Goodell, Slavery and
Antislavery, 44-52; Hurd, Law of Freedom and Bondage, I. 189-193; Broom,
Constitutional Law, 6-119; Howells, State Trials, XX. 1;
Tasswell-Langmead, English Constitutional History, 300, n._
=10. Ship Friendship, case of. [Sec. 5.]=
=1770.= Harbored a slave: _Moore, Slavery in Mass., 117._
=11. John. [Sec. 17.]=
=1778.= Free negro kidnapped in Pennsylvania: _Am. State Papers, I. 39;
Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585._
=12. Quincy's case. [Sec. 34.]=
=1793.= First case in Boston after 1793: _Edw. C. Learned, Speech on The
New Fugitive Slave Law, Chicago, Oct. 25, 1850; Whittier, Prose Works,
11, 129, A Chapter of History; Goodell, Slavery and Antislavery, 232;
Boston Atlas, Oct. 15, 1850._
=13. Washington's slave. [Sec. 35.]=
=1796, Oct.= President Washington demanded a slave from Portsmouth, N.
H.: _Magazine of American History, Dec., 1877, p. 759; Charles Sumner,
Works, III. 177._
=14. North Carolina fugitives. [Sec. 19.]=
=1796.= _Annals of Congress, 1796-7, p. 2015, 1801-2, p. 343._
=15. Columbia case.=
=1804.= General Boude defends a runaway: _Smedley, Underground Railroad,
26._
=16. Solomon Northup. [Sec. 38.]=
=1808.= Kidnapping at Saratoga, N. Y.: _Solomon Northrup, Autobiography._
=17. Williams case.=
=1815.= Claimed as a fugitive in Philadelphia: _Greeley, American
Conflict, I. 216._
=18. Prigg case. [Sec. 27.]=
=1832.= _16 Peters, 539; Report of Case of Edward Prigg, Supreme Court,
Pennsylvania; Cobb, Historical Sketch of Slavery; Bledsoe, Liberty and
Slavery, 355; Clarke, Antislavery Days, 69; Hurd, Law of Freedom and
Bondage, II. 456-492; Wilson, Rise and Fall of the Slave Power, I.
472-473; Von Holst, Constitutional History, III. 310-312._
=19. Kidnapping of Jones. [Sec. 37.]=
=1836.= Kidnapping in New Jersey: _Liberator, Aug. 6, 1836._
=20. Chickasaw rescue. [Sec. 42.]=
=1836.= Rescue of two colored women on brig Chickasaw: _Liberator, Aug.
6, 1836._
=21. Schooner Boston case. [Sec. 47.]=
=1837.= Georgia and Maine controversy: _Wilson, Rise and Fall of the
Slave Power, I. 473; Niles's Register, LIII. 71, 72, LV. 356; Senate
Journal, 1839-40, pp. 235-237; Senate Doc., 26 Cong. 1 Sess., Vol. V.
Doc. 273._
=22. Philadelphia. [Sec. 43.]=
=1838.= Attempted rescue: _Liberator, March 16, 1838._
=23. Escape of Douglass. [Sec.Sec. 68, 75.]=
=1838.= Escape of Frederick Douglass: _Life and Times of Douglass;
Williams, Negro Race in America, II. 59, 422; Wilson, Rise and Fall of
the Slave Power, I. 501, 502._
=24. Isaac Gansey case. [Sec. 47.]=
=1839.= Virginia and New York controversy: _U. S. Gazette, Case of Isaac,
Judge Hopkinson's speech; Wilson, Rise and Fall of the Slave Power, I.
474; Seward, Works, II. 449-518; Von Holst, Constitutional History, II.
538-540; Senate Documents, 27 Cong. 2 Sess., Vol. II. Doc. 96._
=25. Van Zandt case. [Sec. 50.]=
=1840.= Prosecution for aiding escape: _Wilson, Rise and Fall of the
Slave Power, I. 475; T. R. Cobb, Historical Sketch of Slavery, 207._
=26. Oberlin case. [Sec. 50.]=
=1841 (about).= _Liberator, May 21, 1841._
=27. Thompson case.=
=1841, July.= Prosecution for aiding escapes: _Thompson, Prison Life and
Reflections; Wilson, Rise and Fall of the Slave Power, II. 69; Goodell,
Slavery and Antislavery, 440._
=28. Latimer case. [Sec. 44.]=
=1842.= Famous fugitive slave case, Boston: _Liberator, Oct. 25, Nov. 11,
Nov. 25, 1842, Feb. 3, 7, 17, 1843, and Aug. 16, 1844; Law Reporter,
Latimer case; Eleventh Annual Report of Mass. Antislavery Society; Mass.
House Journal, 1843, pp. 72, 158; Mass. Senate Journal, 1843, p. 232;
Wilson, Rise and Fall of the Slave Power, I. 477._
=29. Goin case.=
=1844.= Attempted seizure of fugitive: _Liberator, April 19, 1844._
=30. Thomas case.=
=1844.= Seizure in Marietta, Penn.: _Liberator, June 14, 1844._
=31. Walker case. [Sec. 50.]=
=1844.= Prosecution for aiding escapes: _Trial and Imprisonment of
Jonathan Walker, Liberator, Aug. 16, 31, Sept. 6, 13, Oct. 18, 25, and
Dec. 27, 1844, Aug. 8, 15, and July 18, 1845._
=32. Smithburg.=
=1845.= Battle between whites and ten runaways: _Liberator, June 27,
1845._
=33. Kirk case.=
=Between 1845 and 1849.= Unsuccessful attempt to capture George Kirk in
New York: _Wilson, Rise and Fall of the Slave Power, II. 52; Supplement
to New York Legal Observer, containing report of case, Boston Public
Library._
=34. Brig Ottoman. [Sec. 45.]=
=1846.= Unsuccessful attempt to rescue slave on brig: _Wilson, Rise and
Fall of the Slave Power, II. 54._
=35. Kennedy case. [Sec. 43.]=
=1847.= Riot in Carlisle, Penn.: _Liberator, Sept. 10, 27, 1847;
Congressional Globe, 1860-61, pp. 801, 802, 908._
=36. Slaves on board Brazilian ship.=
=1847.= Attempt to rescue: _Wilson, Rise and Fall of the Slave Power, II.
53; Liberator, Aug. 20, 1847._
=37. Ohio and Kentucky controversy. [Sec. 48]=
=1848.= Controversy on account of extradition demanded: _Liberator, July
14, 1848._
=38. South Bend case.=
=1847, Oct. 9.= Fugitives discharged on trial in Michigan: _South Bend
Fugitive Slave case._
=39. Brig Wm. Purrington.=
=1848.= Escape from: _Liberator, Dec. 31, 1848._
=40. Drayton and Sayres. [Sec. 50.]=
=1848.= Prosecution for aiding escapes: _Wilson, Rise and Fall of the
Slave Power, II. 104._
=41. Crafts escape. [Sec. 69.]=
=1848.= Escape of William and Ellen Crafts: _Liberator, Nov. 1, 1850;
Still, Underground Railroad, 368; Wilson, Rise and Fall of the Slave
Power, II. 325._
=42. Washington case. [Sec. 39.]=
Between =1840-1850:= _Liberator, May 26, 1848._
=43. Hamlet case. [Sec. 53.]=
=1850.= Rendition in N. Y.: _Fugitive Slave Bill, its History and
Unconstitutionality, with an Account of the Seizure of James Hamlet, 3;
Wilson, Rise and Fall of the Slave Power, II. 304._
=44. Gannett case.=
=1850, Oct. 18.= Alleged fugitive discharged in Philadelphia: _Wilson,
Rise and Fall of the Slave Power, II. 326; May, Fugitive Slave Law and
its Victims, 8._
=45. Gibson case.=
=1850, Dec. 21.= Rendition of an innocent man: _Wilson, Rise and Fall of
the Slave Power, II. 327; May, Fugitive Slave Law and its Victims, 8;
Still, Underground Railroad, 349._
=46. Case in Pennsylvania.=
=1851, Jan.= House of colored man entered by force: _Liberator, Jan. 10,
1851._
=47. Sims case. [Sec. 54.]=
=1851.= Rendition in Boston: _Liberator, April 17 and 18, 1851; Daily
Morning Chronicle, April 26, 1851; Twentieth Annual Report of Mass.
Antislavery Society, 1855, p. 19; Wilson, Rise and Fall of the Slave
Power, II. 333; New England Magazine, June, 1890; May, Fugitive Slave Law
and its Victims, 16; Trial of Sims, Arguments by R. Rantoul, Jr. and C.
G. Loring; C. F. Adams, Richard Henry Dana, I. 185-301._
=48. Shadrach case. [Sec. 57.]=
=1851, Feb.= Rendition in Boston: _Liberator, Feb. 21, May 30, 1851;
Cong. Globe, 31 Cong. 2 Sess., Appendix, 238, 295, 510; Von Holst, III.
21; May, Fugitive Slave Law and its Victims, 10; Wilson, Rise and Fall of
the Slave Power, II. 329; New England Magazine, May, 1890; Boston
Traveller, Feb. 15, 1851; Boston Courier, Feb. 17, 1851; Washington
National Era, Feb. 27, 1851; Statesman's Manual, III. 1919._
=49. Christiana case. [Sec. 60.]=
=1851, Sept.= Riot in Christiana: _Parker's account, The Freedman's
Story, T. W. Higginson, Atlantic Monthly, Feb. and March, 1866; U. S. v.
Hanway, Treason, 247; Smedley, Underground Railroad, 105, 107, 130, 223;
May, Fugitive Slave Law, 14; Lunsford Lane, 114; Wilson, Rise and Fall of
the Slave Power, II. 324; History of the Trial of Castner Hanway and
others for Treason; N. Y. Tribune, Sept. 12, 1851, and Nov. 26 to Dec.
12; Greeley, American Conflict, I. 215; National Antislavery Standard,
Sept. 18, 1851; Lowell Journal, Sept 19, 1851; Boston Daily Traveller,
Sept. 12, 1851; Still, Underground Railroad, 348._
=50. Miller. [Sec. 61.]=
=1851, Nov.= Mr. Miller murdered: _Liberator, Feb. 4, 1853; Lunsford
Lane, 113; May, Fugitive Slave Law, 15; Wilson, Rise and Fall of the
Slave Power, II. 324._
=51. Jerry case. [Sec. 58.]=
=1851, Oct.= Rescue in Syracuse, N. Y.: _Liberator, Oct. 10 to 17, 1851;
Life of Gerrit Smith, 117; Trial of H. W. Allen, 3; Wilson, Rise and Fall
of the Slave Power, II. 327._
=52. Parker rescue.=
=1851, Dec. 31.= Rescue by Mr. Miller: _Wilson, Rise and Fall of the
Slave Power, II. 324; May, Fugitive Slave Law and its Victims, 15;
Liberator, 1853, Feb. 4; Lunsford Lane, 113._
=53. Brig Florence.=
=1853.= Rescue of slave on board by Mr. Bearse: _Bearse, Reminiscences of
Fugitive Slave Days in Boston, 34._
=54. Lewis case.=
=1853.= Escape of Lewis from trial: _Liberator, Oct. 28, 1853._
=55. Glover case.=
=1854.= Joshua Glover rescued by a mob at Milwaukee: _Wilson, Rise and
Fall of the Slave Power, 444; Liberator, April 7, 24, 1854._
=56. Bath.=
=1854.= Escape to Canada from ship from Florida: _Liberator, Oct. 6,
1854._
=57. Burns case. [Sec. 55.]=
=1854.= Rendition in Boston: _Liberator, May, June, 1854, Aug. 22, 1861;
Kidnapping of Burns, Scrapbook collected by Theo. Parker; Personal
Statement of Mr. Elbridge Sprague, N. Abington; Accounts in Boston
Journal, May 27, 29, 1854; Daily Advertiser, May 26, 29, June 7, 8, July
17; Traveller, May 27, 29, June 2, 3, 6, 10, July 15, 18, Oct. 3, Nov.
29, Dec. 5, 7, 1854, April 3, 4, 10, 11, 1855; Evening Gazette, May 27,
1854; Worcester Spy, May 31; Argument of Mr. R. H. Dana; May, Fugitive
Slave Law and its Victims, 256; Clarke, Antislavery Days, 87; Wilson,
Rise and Fall of the Slave Power, II. 435; Stevens, History of Anthony
Burns; Greeley, American Conflict I. 218; New York Tribune, May 26, 1854;
Liberator, June 2, 9, 16, 1854; Von Holst VI. 62; Garrisons' Garrison,
II. 201, III. 409; C. F. Adams, Dana, I. 262-330._
=58. Garner. [Sec. 56]=
=1856.= Rendition of a family in Ohio: _Liberator, Feb. 8, 22, 29, 1856;
May, Fugitive Slave Law and its Victims, 37; Lunsford Lane, 119; Greeley,
American Conflict, I. 219, Lalor's Cyclopaedia, I. 207; Wilson, Rise and
Fall of the Slave Power, II. 446, 447._
=59. Williamson case.=
=1856, Jan.= Prosecution for aiding fugitives: _Wilson, Rise and Fall of
the Slave Power, II. 448; May, Fugitive Slave Law and its Victims, 9, 34;
Annual Report of American Antislavery Society, N. Y., May 7, 1856, p. 24;
Narrative of the Facts in the Case of Passmore Williamson, Penn.
Antislavery Society._
=60. Johnson case.=
=1856, July 16.= Rescue of slave on ship from Mobile: _Liberator, July
18, 1856._
=61. Gatchell case.=
=1857, Jan.= Rendition of Philip Young: _Chambers, Slavery and Color;
Fugitive Slave Law, Appendix, 197._
=62. Oberlin-Wellington case. [Sec. 59]=
=1858.= Rescue at Wellington: _Liberator, Jan. 28, April 29, May 6, June
3, June 10, 1859; Shepherd, Oberlin-Wellington Rescue; Lunsford Lane,
179; Anglo-African Magazine (Oberlin-Wellington Rescue), 209; May,
Fugitive Slave Law and its Victims, 108._
=63. John Brown's Raid. [Sec. 62.]=
=1858.= Raid in Missouri: _Sanborn, Life and Letters of John Brown, 420;
Von Holst, John Brown, 104._
=64. Nalle case.=
=1859, April 28.= Rescue of Charles Nalle by a mob: _Bradford, Harriet,
the Moses of her People, Appendix, 143; Liberator, May 4, 1860._
=65. Anderson case. [Sec. 23.]=
=1860.= Extradition case between U. S. and Canada: _Liberator, Dec. 3,
1860; Pamphlets on Anderson Case, Boston Public Library; Life of Gerrit
Smith, 15; Liberator, Jan. 22, 1861._
=66. Wisdom case. [Sec. 91.]=
=1861.= Rendition by army officers: _Liberator, July 19, 1861._
=67. Major Sherwood's servant. [Sec. 91.]=
=1861.= Rendition ordered in army: _Liberator, July 19, 1861._
=68. Norfolk case.=
=1863.= Kidnapping by N. Y. Volunteers: _Liberator, March 27, 1863._
=69. Archer Alexander.=
=1863.= Fugitive during the war: _Archer Alexander._
APPENDIX E.
_BIBLIOGRAPHY OF FUGITIVE SLAVE CASES AND FUGITIVE SLAVE LEGISLATION._
1. Sources of information.
2. Libraries.
3. Secondary works.
4. Biographies.
5. Original sources.
6. Slave autobiographies.
7. Records of trials.
8. Speeches.
9. Reminiscences.
10. Reports of societies.
11. Periodicals and newspapers.
12. Materials bearing on legislation.
13. Alphabetical list of works.
=1. Sources of information.=
There are many sources from which material for a study of fugitive slaves
may be gathered. Almost any work upon the slavery question touches sooner
or later upon this topic, and the difficulties arise rather from the
amount of the literature which must be examined than from lack of
information. No formal bibliography of the subject, or of any phase of
it, has been found; it has therefore been necessary to go through a large
body of material, and to sift out references which bear upon the subject.
=2. Libraries.=
The labor has been much facilitated by the completeness and convenient
arrangement of the literature bearing upon slavery in the libraries of
Cambridge and Boston. The Harvard College Library possesses two unique
collections of slavery pamphlets, one the bequest of Charles Sumner, the
other the gift of Colonel T. W. Higginson; and the Card Catalogue of the
Library is a comprehensive guide to a large alcove of other books. The
great collections of the Boston Public Library have also been made
accessible by the full Card Catalogue of that Library. The Boston
Athenaeum has also furnished valuable material; and in the Massachusetts
State Library is an excellent set of State Statutes, which has been
freely used. I have not been able to consult the antislavery collection
of the Cornell Library at Ithaca.
=3. Secondary works.=
The material upon fugitive slaves, as upon any topic, may be divided into
two classes, secondary and original. The general and local histories
which come under the first class have been of good service as guides to
further investigation. _The Rise and Fall of the Slave Power in America_,
by _Henry Wilson_, takes up the whole question of slavery in a thorough
manner, and devotes special attention to the debates in Congress. Though
long and ill-arranged, it is comprehensive and trustworthy.
Unfortunately, the work is not provided with foot-notes. _Williams's
History of the Negro Race_, and _Greeley's American Conflict_, are other
surveys of the whole subject. For a discussion of political forces and
constitutional questions, _Von Holst_ is the best authority, while
_Hurd_, besides enumerating the statutes from colonial times down,
considers the subject with great clearness from a judicial point of view,
describes many cases, and in foot-notes gives references to others.
Studies of colonial slavery are found in _Lodge's English Colonies in
America_ and _Doyle's English in America_. Several special essays have
been printed on slavery in Massachusetts; _Deane's_ and _Moore's Notes on
Slavery_, and _Washburn's Extinction of Slavery in Massachusetts_. Little
attention is in any of these works given to fugitive slaves.
To another class belong books descriptive of the institution of slavery.
_Mrs. Frances Kemble_ wrote about life on a Southern plantation before
the war, and the _Cotton Kingdom_ and other volumes by _Frederick Law
Olmsted_ give many interesting details, and furnished me with much
material for the chapter on Fugitives and their Friends.
=4. Biographies.=
Biographies of antislavery men are likely to contain information on
fugitive slave cases. The _Life of Isaac T. Hopper_ is full of accounts
of his ways of aiding flight, and for the same reason the _Life of Gerrit
Smith_ is exceedingly interesting. Birney's _Life of James G. Birney_
deals little with fugitives. The biographies of Mrs. Lydia Maria Child,
Arthur and Lewis Tappan, John Brown, Garrison, Phillips, and the Grimke
sisters, may also be mentioned. Others, like those of Jonathan Walker, L.
W. Paine, Daniel Drayton, captain of the schooner Pearl, W. L. Chaplin,
Work, Burr, and Thompson, and the recently published _Life of Rev. Calvin
Colman_, relate simply the stories of trials and imprisonments for aiding
fugitives, and are often more in the nature of original than secondary
sources.
=5. Original sources.=
Very early in the preparation of this work it became evident that no
writer had systematically examined and compared the legislation of the
Colonies and States, or searched the records of Congress, or looked for
contemporary accounts of any considerable number of escapes. I was
therefore obliged to search for such original material as was within my
reach. Doubtless some important books and pamphlets have escaped me, and
an examination of other collections would enlarge the bibliography; but
the effort has been made to exhaust the literature of the subject, except
in newspapers.
=6. Slave autobiographies.=
Out of the great variety of original sources containing descriptions of
slave life and escapes, the autobiographies of the slaves themselves are
the most interesting, and often the saddest. The Rev. James Freeman
Clarke says, in his Antislavery Days: "Even now, when it is all over, the
flesh creeps and the blood curdles in the veins at the accounts of the
dreadful cruelties practised on slaves in many parts of the South. I
would advise no one to read such histories to-day unless his nerves are
very well strung." _Frederick Douglass_ has given us two books, one
written before slavery was abolished, and a fuller account afterward,
when it was no longer imprudent to reveal the whole story of his escape.
Many of these lives were published by antislavery people, who wished by
such means to rouse the North. Such are the stories of _Box Brown_,
_Peter Still_, _Archy Moore_, _Solomon Northrup_, _Lunsford Lane_, and
others, most of which have been quoted above.
=7. Records of trials.=
Much descriptive detail can often be found in the published reports of
trials. A volume is devoted to the Oberlin-Wellington case, and several
volumes have been published on the Burns trial. For the Prigg and Hanway
cases, and others of importance, the records of the Supreme Court and
lower courts have been consulted. Most of the important cases were tried
in State courts or before commissioners, and the only reports are
fugitive pamphlets, of which many have been consulted and cited.
=8. Speeches.=
In the study of public sentiment and for the weighing of argument the
speeches of _Phillips_, _Sumner_, _Seward_, _Giddings_, _Webster_,
_Mann_, _Rantoul_, _Loring_, and others, are of the greatest value. They
often throw light upon obscure cases, and the fugitive slave stories
brought in as illustrations have sometimes led to the discovery of
interesting and forgotten cases.
=9. Reminiscences.=
A valuable aid in reconstructing in the mind the conditions of the
slavery struggle are the reminiscences of participants. _Rev. James
Freeman Clarke's Antislavery Days_ and _Mr. Parker Pillsbury's_ book have
been helpful in these chapters. A pamphlet by _Mr. Austin Bearse_
describes the Fugitive Slave Laws in Boston, and relates the work of the
Vigilance Committee in protecting escaped negroes. The books of _Still_,
_Smedley_, and _Coffin_, on the workings of the Underground Railroad, are
composed chiefly of reminiscences, and have furnished many essential
facts.
=10. Reports of societies.=
The reports of the various antislavery societies, especially of those of
Massachusetts and Pennsylvania, have also been examined with profit as to
the work among the refugees in Canada, etc. For the colonial period the
publications of the Massachusetts and New York Historical Societies are
exceedingly important, and have been freely drawn upon.
=11. Periodicals and newspapers.=
Not much has been gathered from periodicals. _Poole's Index_ was used and
occasionally something of importance was discovered. Thus _The Freedman's
Story_ in the _Atlantic Monthly_ has furnished one of the most striking
of the stories about resistance to escapes. Such articles are few, and
occur long after the slavery period, when such disclosures were no longer
unpopular. _The Magazine of American History_ contains Several articles.
Among newspapers, the _Liberator_ is without doubt the most complete
record of the extreme antislavery sentiment toward the fugitive slave
laws and their workings. Each case as it occurs is fully commented upon,
and in addition there is each week a column or two of atrocities, and
among them stories of fugitives are often given. The Harvard College
Library contains a complete file, which I have examined; and references
to the Liberator are therefore frequent throughout the work. The colonial
newspapers are of little value, except for the conclusions which may be
drawn from the advertisements for runaways. Newspapers of that time were
so limited in scope, that an affair so unimportant to them as a fugitive
slave case would scarcely appear.
=12. Materials bearing on legislation.=
The materials for the study of colonial legislation must be gathered from
many sources. The best collection of them in Boston may be found at the
State Library. In some colonies there are carefully edited series of
volumes chronologically arranged, but in others the records have been but
irregularly printed. The laws of New Netherlands and of early New York
are easily accessible in well printed volumes of a recent date. For the
Southern States, the Hening edition of the Virginia Statutes at Large is
clear, and covers a long period. There is also the Cooper collection for
South Carolina, Bacon's series for Maryland, Iredell's edition of South
Carolina Statutes, and Leaming and Spicer for New Jersey. There are of
course many others, but these comprise the most important.
From the beginning of the Constitutional period, the proceedings of
Congress may be followed as minutely as desired. An outline of the
proceedings is given in the Journals of the Senate and House, while for a
fuller account and reports of speeches the Annals of Congress and
Congressional Debates to 1837, and the Congressional Globes from 1833 to
1863, furnish ample material. Information in regard to the number and
personnel of the House is most readily gathered from Poore's
Congressional Directory.