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+The Project Gutenberg EBook of Fugitive Slaves, by Marion Gleason McDougall
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Fugitive Slaves
+ 1619-1865
+
+Author: Marion Gleason McDougall
+
+Release Date: December 7, 2010 [EBook #34594]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK FUGITIVE SLAVES ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+
+
+
+_PUBLICATIONS OF THE SOCIETY FOR THE COLLEGIATE INSTRUCTION
+
+OF WOMEN_
+
+Fay House Monographs
+
+No. 3
+
+
+
+
+FUGITIVE SLAVES
+
+(1619-1865)
+
+BY
+
+MARION GLEASON McDOUGALL
+
+
+
+
+PREPARED UNDER THE DIRECTION OF
+
+ALBERT BUSHNELL HART, PH.D.
+
+ASSISTANT PROFESSOR OF HISTORY
+
+IN HARVARD UNIVERSITY
+
+BOSTON, U.S.A.
+
+PUBLISHED BY GINN & COMPANY
+
+1891
+
+
+
+
+_Copyright, 1891,_
+
+BY THE SOCIETY FOR THE COLLEGIATE INSTRUCTION OF WOMEN.
+
+University Press:
+
+JOHN WILSON AND SON, CAMBRIDGE.
+
+
+
+
+EDITOR'S PREFACE.
+
+
+Every careful student of history is aware that it is no longer possible
+to write the general history of any important country from the original
+sources; on any period, the materials which accumulate in a year are more
+than can be assimilated by one mind in three years. The general historian
+must use the results of others' work. It is therefore essential that the
+great phases of political and constitutional development be treated in
+monographs, each devoted to a single, limited subject and each prepared
+on a careful and scientific method.
+
+This first number of the historical series of the Fay House Monographs
+aims to discuss the single topic of Fugitive Slaves. Mrs. McDougall has
+drawn together and compared many cases found in obscure sources, and has
+perhaps been able to correct some commonly received impressions on this
+neglected subject.
+
+Even in its limited range this does not pretend to be a complete work in
+the sense that all the available cases are discussed or recorded. The
+effort has been made to use the cases as illustrations of principles, and
+to add such bibliography as may direct the reader to further details. The
+appendix of laws is as full as it was possible to make it from the
+collections in the Boston Public and Massachusetts State Libraries. If
+the monograph prove useful to the student of American history, it will
+meet the expectations of author and editor.
+
+ ALBERT BUSHNELL HART.
+
+CAMBRIDGE, April 2, 1891.
+
+
+
+
+AUTHOR'S PREFACE.
+
+
+The following monograph was written while the author was a student in the
+"Harvard Annex" as a study in the Seminary course given by Professor
+Albert Bushnell Hart. The work has continued during parts of the four
+years since 1887. The effort has been to trace in some measure the
+development of public sentiment upon the subject, to prepare an outline
+of Colonial legislation and of the work of Congress during the entire
+period, and to give accounts of typical cases illustrative of conditions
+and opinions. Only a few of the more important cases are described
+minutely, but a critical list of the authorities may be found in the
+bibliographical appendix.
+
+The thanks of the author are due first to Professor Hart, under whose
+direction and with whose assistance and encouragement the monograph has
+been prepared; then to Miss Anna B. Thompson, without whose careful
+training in the Thayer Academy and continued sympathy, the work could not
+have been undertaken. Many thanks are due also to the authorities of the
+Library of Harvard College for the use, in the alcoves, of their large
+and conveniently arranged collection of books and pamphlets on United
+States History, and to the assistants in the Boston Public and
+Massachusetts State Libraries for courteous aid. Colonel T. W. Higginson
+has kindly examined the chapter on the cases from 1850 to 1860,
+suggesting some interesting details; and Mr. Arthur Gilman has read the
+whole in proof, and made many valuable suggestions.
+
+ MARION GLEASON McDOUGALL.
+
+ROCKLAND, MASS. April 2, 1891.
+
+
+
+
+CONTENTS.
+
+
+ Page
+
+CHAPTER I.
+
+_LEGISLATION AND CASES BEFORE THE CONSTITUTION._
+
+ § 1. Elements of colonial slavery 1
+
+ § 2. Regulations as to fugitives (1640-1700) 2
+
+ § 3. Treatment of fugitives 3
+
+ § 4. Regulations in New England colonies 4
+
+ § 5. Escapes in New England: Attucks case 5
+
+ § 6. Dutch regulations in New Netherlands 6
+
+ § 7. Escapes from New Amsterdam 6
+
+ § 8. Intercolonial regulations 7
+
+ § 9. Intercolonial cases 8
+
+ § 10. International relations 9
+
+ § 11. International cases 10
+
+ § 12. Relations with the mother country 11
+
+ § 13. Regulation under the Articles of Confederation (1781-1788) 12
+
+ § 14. Ordinance for the Northwest Territory (1787) 13
+
+ § 15. The Fugitive question in the Constitutional Conventions 14
+
+
+CHAPTER II.
+
+_LEGISLATION FROM 1789 TO 1850._
+
+ § 16. Effect of the fugitive slave clause in the Constitution 16
+
+ § 17. The first Fugitive Slave Act (1793) 16
+
+ § 18. Discussion of the first act 18
+
+ § 19. Propositions of 1797 and 1802 19
+
+ § 20. Propositions from 1817 to 1822 21
+
+ § 21. Period of the Missouri Compromise (1819-1822) 23
+
+ § 22. Status of the question from 1823 to 1847 24
+
+ § 23. Canada and Mexico places of refuge 25
+
+ § 24. Status of fugitives on the high seas 26
+
+ § 25. Kidnapping from 1793 to 1850: Prigg case 27
+
+ § 26. Necessity of more stringent fugitive slave provisions 28
+
+ § 27. Action of Congress from 1847 to 1850 28
+
+ § 28. Slavery in the District of Columbia 29
+
+ § 29. The second Fugitive Slave Act (1850) 29
+
+ § 30. Provisions of the second Fugitive Slave Act 30
+
+ § 31. Arguments for the bill 31
+
+ § 32. Arguments against the bill 32
+
+
+CHAPTER III.
+
+_PRINCIPAL CASES FROM 1789 TO 1860._
+
+ § 33. Change in character of cases 34
+
+ § 34. The first case of rescue (1793) 35
+
+ § 35. President Washington's demand for a fugitive (1796) 35
+
+ § 36. Kidnapping cases 36
+
+ § 37. Jones case (1836) 36
+
+ § 38. Solomon Northup case (about 1830) 37
+
+ § 39. Washington case (between 1840 and 1850) 38
+
+ § 40. Oberlin case (1841) 38
+
+ § 41. Interference and rescues 38
+
+ § 42. Chickasaw rescue (1836) 38
+
+ § 43. Philadelphia case (1838) 39
+
+ § 44. Latimer case (1842) 39
+
+ § 45. Ottoman case (1846) 40
+
+ § 46. Interstate relations 41
+
+ § 47. Boston and Isaac cases (1837, 1839) 41
+
+ § 48. Ohio and Kentucky cases (1848) 41
+
+ § 49. Prosecutions 42
+
+ § 50. Van Zandt, Pearl, and Walker cases (1840, 1844) 42
+
+ § 51. Unpopularity of the Fugitive Slave Act of 1850 43
+
+ § 52. Principle of the selection of cases 43
+
+ § 53. Hamlet case (1850) 43
+
+ § 54. Sims case (1851) 44
+
+ § 55. Burns case (1854) 45
+
+ § 56. Garner case (1856) 46
+
+ § 57. Shadrach case (1851) 47
+
+ § 58. Jerry McHenry case (1851) 48
+
+ § 59. Oberlin-Wellington case (1858) 49
+
+ § 60. Christiana case (1851) 50
+
+ § 61. Miller case (1851) 51
+
+ § 62. John Brown in Kansas (1858) 51
+
+
+CHAPTER IV.
+
+_FUGITIVES AND THEIR FRIENDS._
+
+ § 63. Methods of escape 53
+
+ § 64. Reasons for escape 54
+
+ § 65. Conditions of slave life 55
+
+ § 66. Escapes to the woods 56
+
+ § 67. Escapes to the North 57
+
+ § 68. Use of protection papers 58
+
+ § 69. Fugitives disguised as whites: Craft case 58
+
+ § 70. Underground Railroad 60
+
+ § 71. Rise and growth of the system 60
+
+ § 72. Methods pursued 61
+
+ § 73. Colored agents of the Underground Railroad 62
+
+ § 74. Prosecutions of agents 63
+
+ § 75. Formal organization 63
+
+ § 76. General effect of escapes 64
+
+
+CHAPTER V.
+
+_PERSONAL LIBERTY LAWS._
+
+ § 77. Character of the personal liberty laws 65
+
+ § 78. Acts passed before the Prigg decision (1793-1842) 65
+
+ § 79. Acts passed between the Prigg decision and
+ the second Fugitive Slave Law (1842-1850) 66
+
+ § 80. Acts occasioned by the law of 1850 (1850-1860) 66
+
+ § 81. Massachusetts acts 67
+
+ § 82. Review of the acts by States 69
+
+ § 83. Effect of the personal liberty laws 70
+
+
+CHAPTER VI.
+
+_THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865)._
+
+ § 85. The Fugitive Slave Law in the crisis of 1860-61 71
+
+ § 86. Proposition to enforce the Fugitive Slave Law 72
+
+ § 87. Propositions to repeal or amend the law 73
+
+ § 88. The question of slaves of rebels 73
+
+ § 89. Slavery attacked in Congress 74
+
+ § 90. Confiscation bills 75
+
+ § 91. Confiscation provisions extended 75
+
+ § 92. Effect of the Emancipation Proclamation (1863) 77
+
+ § 93. Fugitives in loyal slave States 77
+
+ § 94. Typical cases 78
+
+ § 95. Question discussed in Congress 78
+
+ § 96. Arrests by civil officers 80
+
+ § 97. Denial of the use of jails in the District of Columbia 80
+
+ § 98. Abolition of slavery in the District of Columbia 82
+
+ § 99. Regulations against kidnapping 82
+
+ § 100. Repeal of the Fugitive Slave Acts 83
+
+ § 101. Early propositions to repeal the acts 83
+
+ § 102. Discussion of the repeal bill in the House 84
+
+ § 103. Repeal bills in the Senate 85
+
+ § 104. The repeal act and the thirteenth amendment 86
+
+ § 105. Educating effect of the controversy 87
+
+
+APPENDICES.
+
+ APPENDIX A.
+ Colonial laws relative to fugitives 89
+
+ APPENDIX B.
+ National acts and propositions relative to fugitive slaves
+ (1778-1854) 104
+
+ APPENDIX C.
+ National acts and propositions relating to fugitive slaves
+ (1860-1864) 117
+
+ APPENDIX D.
+ List of important fugitive slave cases 124
+
+ APPENDIX E.
+ Bibliography of fugitive slave cases and fugitive slave
+ legislation 129
+
+ INDEX. 139
+
+
+
+
+CHAPTER I.
+
+_LEGISLATION AND CASES BEFORE THE CONSTITUTION._
+
+ § 1. Elements of colonial slavery.
+ § 2. Regulations as to fugitives (1640-1700).
+ § 3. Treatment of fugitives.
+ § 4. Regulations in New England colonies.
+ § 5. Escapes in New England: Attucks case.
+ § 6. Dutch regulations in New Netherlands.
+ § 7. Escapes from New Amsterdam.
+ § 8. Intercolonial regulations.
+ § 9. Intercolonial cases.
+ § 10. International relations.
+ § 11. International cases.
+ § 12. Relations with the mother country.
+ § 13. Regulation under the Articles of Confederation (1781-1788).
+ § 14. Ordinance for the Northwest Territory (1787).
+ § 15. The Fugitive question in the Constitutional Conventions.
+
+
+=§ 1. Elements of colonial slavery.=--By the middle of the seventeenth
+century, the settlements made in America by the English, Dutch, and
+Swedes were arranged for the most part in a line of little colonies
+closely following the Atlantic coast. To the west, wide forests and
+plains, broken only by the paths of the Indian, stretched on to the
+Pacific; while long intervals of unpopulated country separated the
+colonists on the north from the French in Canada, and on the south from
+the Spaniards in Florida.
+
+In all the colonies thus grouped together, the system of slavery had
+already become well established, and with its institution the question of
+the escape and return of the slaves had necessarily arisen. The
+conditions of the country, both physical and social, gave unusual
+facilities for flight. The wild woods, the Indian settlements, or the
+next colony, peopled by a foreign race, and perhaps as yet without firmly
+established government, offered to the slave a refuge and possibly
+protection. Escape, therefore, as a peculiar danger, demanded peculiar
+remedies. Though it is the purpose of this monograph not so much to study
+the detail of legislation or escape in the colonies as to deal with the
+period from 1789 to 1865, a slight sketch of the intercolonial laws and
+provisions which preceded and in part suggested later legislation will
+first be necessary.
+
+Almost immediately after the introduction of slavery, in 1619, we begin
+to find regulations made by the colonists upon this subject. At first
+they applied solely to their own territory, but soon agreements were
+entered into among several colonies, or between a colony and the Indians
+or the French in Canada. These acts and agreements recognized not only
+the negro, as at a later period, but also the white and the Indian slave.
+There existed in some of the colonies of this time a peculiar class of
+white people, who received no wages, and were bound to their masters.[1]
+Usually these redemptioners were laborers or handicraftsmen, but
+sometimes they were persons of education who had committed a crime, and
+were sold according to law for a term of years, or for life. One of the
+class is curiously connected with the education of no less a person than
+George Washington. An unpublished autobiography of the Reverend John
+Boucher, who from 1760 to the Revolution was a teacher and preacher in
+Virginia, contains the following paragraph noticing the fact:--
+
+ "Mr. Washington was the second of five sons, of parents distinguished
+ neither for their rank nor fortune.... George, who, like most people
+ thereabouts at that time, had no other education than reading, writing,
+ and accounts, which he was taught by a convict servant whom his father
+ bought for a schoolmaster, first set out in the world as a surveyor of
+ Orange County."[2]
+
+
+=§ 2. Regulations as to fugitives.=--The earliest regulation upon this
+subject is found among the freedoms and exemptions granted by the West
+India Company, in 1629, "to all Patroons, Masters, or Private Persons"
+who would agree to settle in New Netherlands. The authorities promised to
+do all in their power to return to their masters any slaves or colonists
+fleeing from service.[3]
+
+A little later, the Swedish colonists in Pennsylvania asked from their
+government the same privilege of reclaiming fugitives.[4] The preamble of
+an act against fugitives in East Jersey, in 1686, explains these
+provisions. They found that "the securing of such persons as Run away, or
+otherwise absent themselves from their master's lawfull Occasion," was "a
+material encouragement to such Persons as come into this country to
+settle Plantations and Populate the Province."[5] In many of the Southern
+colonies, as Maryland and South Carolina, so severe were the acts against
+this class of bound colonists that a runaway might be declared outlawed,
+and might rightfully be killed by any person.[6]
+
+
+[Sidenote: Treatment of Fugitives]
+
+=§3. Treatment of fugitives.=--From 1640 to 1700, laws were also passed
+in New Jersey, Maryland, South Carolina, and Virginia. It is not
+necessary to follow out the provisions here,[7] but each of the Southern
+colonies, as in later regulations, provided most minutely for all
+possible cases. By a Virginia law of 1642, all persons who entertained
+runaways, whether slaves or hired freemen, were to be fined twenty pounds
+of tobacco for each night's hospitality. The fugitives were to add to
+their tenure of service double their time of absence, and on a second
+offence to be branded with the letter R.[8]
+
+A curious regulation in 1660-1, in Virginia, provided that if a negro and
+white bound servant ran away together, since the negro's time of
+servitude was for life, and he was therefore incapable of making up his
+lost time, the white servant's punishment should be doubled by adding the
+negro's sentence to his own.[9] Another regulation, entitled "How to Know
+a Runaway," commanded that all recovered fugitives have their hair "cutt"
+close about their ears.[10]
+
+Sometimes the penalties were even more severe, but the processes were
+much the same. A person who found a slave or vagabond without a pass
+usually took him before the next justice, who took cognizance of the
+captor's good service, and certified it in the next Assembly: the runaway
+was then delivered from constable to constable, until he was returned to
+his master.
+
+After 1700 the process grows yet more elaborate; for example, take a
+North Carolina law of 1741. The securer of a runaway was to have seven
+shillings and sixpence proclamation money, and for every mile over ten
+which he conducted the fugitive threepence extra. When seized, runaways
+were to be whipped and placed in the county gaol. If the owner was known,
+he was notified and went for his slave; if not, a notice describing the
+runaway must be placed upon the door of the court-house, and sent to the
+clerk or reader of each church or chapel within the county. They were
+required to post all such notices every Lord's day for two months in some
+convenient place near the church. At the end of this time, should no
+claimant appear, the slave must be sent from constable to constable, till
+the public gaol of the government was reached. There, upon consent of the
+court or of two justices, he might be sold to hire by the gaoler.[11] The
+Maryland Archives record that in 1669 ten thousand pounds of tobacco were
+appropriated to build one of these log-house gaols wherein fugitive
+servants might be lodged.[12]
+
+
+=§ 4. Regulations in New England colonies.=--Let us turn now to the New
+England colonies. Here we must expect to find but few provisions, since
+the class of slaves and bound servants was so small that it could easily
+be controlled. The first law in Massachusetts Bay was passed in 1630, and
+was entitled, "An Act respecting Masters, Servants, and Laborers." In
+accordance with the arbitrary methods of government then pursued, it
+included not only runaway servants, but also any persons who should
+"privily go away with suspicion of evil intention," and ordered the
+magistrate "to press men, boats, or pinnaces," and "to bring them back by
+force of arms." A humane provision, usually wanting in Southern laws,
+though also found in New Netherlands, declared that, whenever servants
+fled on account of the tyranny of their masters, they should be protected
+until measures for their relief could be taken.[13]
+
+In Connecticut and New Hampshire similar laws were passed, and in 1707
+Massachusetts Bay, in regulating the free negro population, enacted that
+every freeman or mulatto who should harbor a negro servant in his house
+without his owner's consent should pay five shillings for the use of the
+poor of the town.[14]
+
+In those days, when bridges were few, the ferrymen were apparently much
+relied upon as agents to detect and apprehend runaways. In 1714 we find
+that several negro slaves had been carried over ferries, and thus escaped
+out of Rhode Island. The Assembly therefore 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." All persons were also
+commanded to take up any slave they might find travelling about without a
+pass.[15]
+
+
+[Sidenote: Escapes in New England.]
+
+=§ 5. Escapes in New England: Attucks case.=--Although we do not find
+records of fugitive slave cases tried at this time within the New England
+colonies, advertisements of runaways exist in sufficient numbers to prove
+that escapes were common. It seems probable, therefore, that the return
+of a slave when within his own colony was taken as a matter of course,
+and roused so little opposition, and required so simple a process at law,
+that matters concerning it would seldom find mention in the chronicles of
+the time. Here is a typical advertisement:--
+
+ "Ran away from Samuel Gilbert of Littleton, an indentured Servant Boy,
+ named Samuel Gilson, about 17 years old, of a middling Stature for his
+ Age, and wears black curled Hair, he carried away with him a blue cloth
+ Coat, a light colored Jacket with sleeves, one pair of worsted
+ Stockings, two striped woolen Shirts, and one good linnen Shirt. He
+ went away in company with a short thick set Fellow, who wore a green
+ coat and a green Jacket double breasted, also a pair Indian green
+ Stockings. Whoever shall take up and secure, or give information of
+ said runaway, so that his master may find him again, shall receive a
+ Reward of two dollars and all necessary charges from
+
+ SAMUEL GILBERT.
+
+ "All masters of vessels and others are cautioned against harboring,"
+ etc.[16]
+
+Again a case interesting not only as an illustration of the customs of
+the time, but also because the fugitive himself bears a name known to
+history in another connection, is noticed in the Boston Gazette of 1750.
+Here is advertised as escaping, October 2, 1750, from his master, William
+Browne of Framingham, Massachusetts, "A molatto fellow about twenty-seven
+years of age, named Crispus." After describing his clothing and
+appearance, a reward of ten pounds, old tenor, is offered for his return,
+and "all masters of vessels and others are cautioned against concealing
+said servant on penalty of law."[17] Tradition has it, however, that he
+was never arrested, but returned of his own accord after a short time,
+and was for the next twenty years a faithful servant.[18] Then, in 1770,
+presumably while in town upon one of the expeditions he often undertook
+to buy and sell cattle for his master, he was drawn into the Boston
+Massacre of March 5.[19]
+
+A somewhat famous case, which also occurred in Massachusetts, though many
+years later, may here be mentioned. About 1769 one Rotch, a Quaker, and
+therefore probably opposed to slavery, received on board the whaler
+Friendship a young negro boy named Boston, belonging to the heirs of
+William Swain. At the end of the voyage his master, John Swain, brought
+action in the court of Nantucket against Captain Folger for the recovery
+of the slave; the jury, whether from lack of evidence or from sympathy
+cannot be determined, returned a verdict in favor of the defendant.[20]
+
+
+[Sidenote: Dutch and Intercolonial Regulations.]
+
+=§ 6. Dutch regulations in New Netherlands.=--The early New Netherlands
+regulations furnish many interesting provisions concerning fugitive
+servants. Apparently the servile class was numerous, and hard to govern.
+In the words of the ordinance of 1640, "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 standstill, which tends to the serious injury of this country, to
+their masters' ruin, and to bring the magistracy into contempt." It was
+therefore ordained that runaways must, at the end of their term of
+indenture, serve double the time of their absence, and make good all loss
+and damage to their masters; while persons harboring fugitives were
+obliged to pay a fine of fifty guilders.[21]
+
+
+=§ 7. Escapes from New Amsterdam.=--Within these Dutch colonies there is
+recorded a case of escape as early as 1659. Four menservants of Cornelis
+Herperts de Jager, of New Amsterdam, ran away to Manhattan. One of them
+soon returned, and in accordance with the regulation made in 1630 by the
+West India Company,[22] requiring the return of fugitives in their
+various settlements, one of the officers of the colony sent to Manhattan
+an order to arrest and bring back the remaining three in chains.[23]
+
+
+=§ 8. Intercolonial regulations.=--It will be seen that most of the
+colonies considered some provision against runaways necessary to the
+welfare of the settlements. To secure such legislation in a single colony
+was a comparatively easy matter; but the unorganized and sparsely settled
+condition of the country rendered any intercolonial regulations
+difficult.
+
+The first formal agreement of this kind was arranged by the New England
+Confederation of Plymouth, Massachusetts, Connecticut, and New Haven, in
+1643. In their Articles of Confederation was a clause which promised: "If
+any servant runn away from his master into any other of these
+confederated Jurisdiccons, That in such Case vpon the Certyficate of one
+Majistrate in the Jurisdiccon out of which the said servant fled, or upon
+other due proofe, the said servant shall be deliuered either to his
+Master or any other that pursues and brings such Certificate or
+proofe."[24] This clause contains the earliest statement of the
+principles regarding the treatment of fugitive slave cases, afterward
+carried out in the United States statutes of 1787, 1793, and 1850. There
+was no trial by jury, but the certificate of a magistrate was sufficient
+evidence to convict the runaway.
+
+It is probable, also, that the rendition of fugitives was considered a
+duty incumbent upon all colonies, whatever their relation to each other,
+since about this time we find an agreement made for the mutual surrender
+of fugitives between the Dutch at New Netherlands and the English at New
+Haven.[25]
+
+Not only did the slaves of the Dutch escape to the English colonies, but
+they often fled to the forests, where recovery must have been almost
+impossible unless the Indians could be induced to hunt them out. Curious
+rewards were sometimes offered. Maryland, in 1669, ordered that any
+Indian who shall apprehend a fugitive may have a "match coate," or its
+value.[26] Virginia would give "20 armes length of Roanoke," or its
+value,[27] while in Connecticut "two yards of cloth" was considered
+sufficient inducement.[28] We have record of several conferences upon
+this subject. Governor Burnett of New York asked his Indians to exert
+themselves in behalf of the Governor of Virginia, who had written to him
+about the escape of several of his negro servants to the mountains. The
+Indians promised their help in this and any other search; but as they
+seldom seem to have succeeded, it is probable that their sympathy was
+with the fugitives.[29] Again Governor Burnett demanded the restoration
+of a certain Indian slave whom they had kidnapped from the English. The
+Indians acknowledged the fact, but they said that he was then sold to
+others, and nothing further could be done.[30]
+
+Canada even in these early times seems also to have been a haven for
+fugitives. In 1705 New York passed an act, which was renewed in 1715, to
+prevent slaves running away from frontier towns like Albany to Canada,
+because it was of great importance, they said, in time of war, "that no
+Intelligence be carried from the said city and county to the French in
+Canada."[31]
+
+During all this time the Southern colonies, especially the Carolinas and
+Georgia, were also making many complaints in regard to the difficulty
+they had in recovering the fugitives, both Indian and negro, who were
+escaping in large numbers into Florida. There, among the Creek Indians
+and the Spanish at St. Augustine, they easily found refuge.[32] This
+difficulty was, however, not remedied in colonial times, but continued
+long after the formation of the Federal Union, and in fact until the
+close of the Seminole war, in 1845.
+
+
+[Sidenote: Intercolonial Cases.]
+
+=§ 9. Intercolonial cases.=--When, as was often the case, no agreement
+upon the return of fugitives had been arranged between the colonies, the
+rendition of a slave depended wholly upon the state of feeling existing
+between the two peoples, and sometimes became an important question.
+Between the New England colonies no cases have been found recorded,
+although we infer that there must have been reason for the insertion of
+a fugitive slave clause in the Articles of Confederation of 1643.[33]
+
+Of other early cases one of the most interesting is the escape from
+Virginia of four Englishmen belonging to the class of bound servants.
+They rowed in a small boat up the coast as far as Cape May, where they
+landed.[34] They soon found themselves objects of suspicion with the
+people, and, as was a common practice, took refuge among the Indians.
+About a year afterward their masters tracked them to their place of
+refuge, and captured two of them, but the others were again beyond reach.
+The Indians, who evidently did not always befriend runaways, had just
+sold one of them, William Browne, to a Swede, and Browne, learning of his
+former master's appearance, had found opportunity to escape. The fourth
+of the fugitives was still among the Mantas, and could not be secured. Of
+the two recaptured, one was returned without trouble, but the other,
+Turc, who had just entered the service of a certain Pieter Aldrich,
+resisted his captors. A struggle took place upon the boat in which they
+were carrying him away. After wounding three of his guards, he succeeded
+in making his escape, only to be recaptured almost immediately. When
+tried for the deed at New Amsterdam, he received a death sentence.[35] In
+this case, one of the most complete in detail left to us, may be found,
+in the incidents of escape, pursuit, resistance, and final rendition, all
+the features of the later fugitive slave cases. It is also an example
+wherein the laws of the period, which required the rendition of a bound
+white man in the same manner as a negro slave, were strictly carried out:
+and in the diverse fates of the four men we find instances probably
+typical of the fortunes of most fugitives of the time.
+
+
+=§ 10. International relations.=--The proximity of the French, Spanish,
+and Dutch settlements led to escapes from the colonies of one power into
+those of another. All were slaveholding communities, and there was no
+disposition to shield a slave because his lot was a hard one; but the
+distrust and enmity between neighboring colonies owing allegiance to
+different sovereigns caused such escapes to lead to petty quarrels. There
+was no system of extradition treaties; in fact, there was as yet little
+international law. Fugitives were demanded as an act of comity, and
+sometimes their delivery was refused. It was hardly a subject on which
+the home governments bestirred themselves. The colonies were left to make
+their own agreements, or to settle their own disagreements.
+
+
+[Sidenote: International Cases]
+
+=§ 11. International cases.=--Thus far only those cases have been noticed
+which arose within and between colonies of the same nation. Let us now
+consider a very early case of disagreement between colonies of different
+nations, which occurred in 1646. The commissioners of the United Colonies
+made complaint to the Governor of New Netherlands that his Dutch agent at
+Hartford was harboring one of their Indian slaves. Soon after, Governor
+Stuyvesant was refused the return of some of his runaway servants from
+New Haven. Thereupon the angry Lords of the West India Company issued a
+proclamation commanding that there should be no rendition of fugitive
+slaves to New Haven. This provision continued in effect until Governor
+Elton sent back some of the fugitives to New Netherlands. It was then
+annulled, and a mutual agreement to return the runaways was entered into
+by the United Colonies and the Dutch.[36] Governor John Winthrop, in his
+History of New England, refers to the case, and says that Massachusetts
+Bay endeavored to bring about a reconciliation, and wrote to the Governor
+of New Netherlands intimating to him that "at their request he might send
+back the fugitives without prejudice to their right or reputation."[37]
+
+Maryland also found difficulty, from the readiness with which her
+servants could flee north to New Netherlands. In the State Archives may
+be found a letter sent by the authorities to the Governor of New
+Netherlands, as follows:--
+
+ "SIR,--Some servants being lately fledd out of this colony, into yours,
+ as is supposed, we could not promise ourselves from you that justice &
+ faire correspondence betweene the two governments so neerly bordering &
+ which are shortly like to be nearer neighbors in delaware bay, as to
+ hope that vpon the receiving of these Outres & the demand of the
+ parties interessted you will remand to us all such apprentice servants
+ as are or shall run out of this government into yours; and will compell
+ such other persons, as shall flie to you without a passe, being
+ indebted or otherwise obnoxious to the justice of this place, to make
+ such satisfaction to the parties endamaged by their unlawful departure,
+ upon their complaints and proofe thereof, as you shall find justice to
+ require. And you may promise yourself the like helpe and concurrence
+ from this governm't in that or any other thing as shalbe in the power
+ of it: And so we bid you heartilly farewell & rest.
+
+ "To the hon'ble the Governor of the New Netherlands."[38]
+
+In 1659 the Dutch had occasion to ask the same favor of Maryland. Whether
+there had been trouble between the colonies since the earlier letter we
+do not know, but the spirit of the communication was quite different.
+Instead of assurances of good will, and expressions of a belief in the
+certainty of peaceful return, the Dutch threatened, if their servants
+were not secured to them, "to publish free liberty, access and recess to
+all planters, servants, negroes, fugitives, and runaways which may go
+into New Netherland."[39]
+
+Trouble was also constantly arising between the French and English, or
+French and Dutch, in regard to the many runaways who fled from the
+Eastern colonies northward to Canada. In 1750 there was a dispute about a
+certain negro belonging to the English, but at that time in possession of
+the Sieur de la Corne St. Luc; and, in a letter to a friend, one of the
+officers of the colony makes the following explanation concerning them:
+"In regard to the negro in possession of Sieur de la Corne St. Luc I
+thought proper not to send him back every negro being a slave wherever he
+be. Besides, I am only doing what the English did in 1747. Ensign de
+Malbronne on board Le Screux had a negro servant who was at first taken
+from him; I took pains to reclaim him, but the English refused to
+surrender him on ground as above."[40]
+
+
+=§ 12. Relations with the mother country.=--With only one country across
+the sea was any question of fugitives likely to arise. In England white
+slavery had long since died out, except as a punishment for crime;
+villeinage ceased about the time the colonies were settled. But the
+status of black slaves who were taken from the colonies to England was in
+practice unchanged.
+
+The principle thus apparently established by custom was overthrown by a
+succession of legal decisions, culminating in the famous Somersett Case.
+It was first decided by Thomas Grahame, judge in the Admiralty Court,
+Glasgow, that a certain negro who had been brought into Great Britain
+must be liberated, on the ground that a guiltless human being taken into
+that country must be free.[41] In 1762 occurred another similar case. A
+bill had been filed in equity by an administrator to recover money given
+by his intestate to a negro brought to England as a slave. The suit was
+dismissed by Lord Northington, who said that as soon as a man set foot on
+English ground he was free.[42]
+
+The Somersett case came ten years later. The circumstances were as
+follows. A Mr. Stewart, accompanied by his slave Somersett, left Boston
+on the 1st of October, 1769, and went to London, where he kept his slave
+until October 1, 1771. Then Somersett ran away, but his owner soon
+secured him and had him placed on board a vessel bound for Jamaica,
+probably with the intention of selling him as a slave. A writ of habeas
+corpus was then served upon the captain of the ship, and on the hearing
+Lord Mansfield decided that Somersett must be discharged. In England, he
+said, slavery could exist only by positive law; and in default of such
+law there was no legal machinery for depriving a man of his liberty on
+the ground that he was a slave. The importance of the case for the
+colonies lay not in the assertion of the principle that slavery depended
+on positive law, for the American statute-books were full of positive law
+on slavery; the precedent thus established determined the future course
+of England against the delivery of fugitives, whether from her colonies
+or from other countries.[43]
+
+
+=§ 13. International regulations under the Articles of Confederation
+(1781-1788).=--When, on March 1, 1781, the Articles of Confederation went
+into effect, the only action taken by the United States on the subject of
+fugitives had been the negotiation of a treaty with the Delaware Indians,
+August 7, 1778, by which the parties bound themselves not "to protect in
+their respective States criminal fugitives, servants, or slaves, but the
+same to apprehend, secure, and deliver."[44] In seven of the eight other
+treaties negotiated with Indian tribes from 1784 to 1786, clauses were
+introduced for the return of black prisoners, or of "negroes and other
+property."[45] The States affected were chiefly Southern; but the article
+on the same subject in the Treaty of Peace in 1782 and 1783, was intended
+as much to protect the slaveholders of New York as those of Virginia. It
+was distinctly agreed that the British should not carry away "any negroes
+or other property."[46] The failure to abide by this agreement led to
+reclamation by the American government, but no indemnity was ever
+secured.[47]
+
+
+[Sidenote: English Law. Northwest Ordinance.]
+
+=§ 14. Ordinance for the Northwest Territory.=--Since all the thirteen
+colonies recognized slavery, the Revolution made no difference in any
+previous intercolonial practice as to the delivery of slaves; in framing
+the Articles of Confederation no clause on the subject was thought
+necessary. The precedent of the New England Confederation was forgotten
+or ignored. But the action of the States of Vermont, Pennsylvania,
+Massachusetts, Connecticut, and Rhode Island, in taking steps toward
+immediate or gradual emancipation, from 1777 to 1784, brought up a new
+question,--the status of fugitives in free regions. Before the change of
+conditions in the States was completely understood, the same question had
+arisen in the Western territories. Jefferson, in 1784, proposed to draw a
+north and south line through the mouth of the Kanawha, west of which
+there should be no slavery after 1800.[48] The next year a Northern man
+proposed a similar limitation in the territory north of the Ohio, and
+added a clause for the return of fugitive slaves to the original slave
+States.[49] Neither of these two propositions was carried, but the
+principles both of exclusion of slavery and of the return of fugitives
+appear in the Northwest Ordinance of 1787, the first legislation by
+Congress looking toward the surrender of fugitives by any Territory or
+State. In providing a government for the new Territory, it was enacted,
+July 13, 1787, 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 as aforesaid."[50] The fugitive clause seems
+to have provoked no discussion, but to have been accepted as a reasonable
+condition of the limitation of slavery.
+
+
+[Sidenote: Fugitive Question in Constitutional Conventions.]
+
+=§ 15. The Fugitive question in the Constitutional Conventions.=--While
+the Northwest Ordinance was passing through Congress, the Philadelphia
+Convention was framing a new Constitution, and the return of fugitives
+was again eagerly insisted upon by the slave States. The necessity of
+some positive stipulation that fugitives should be returned was felt to
+be even more necessary in a Constitution meant permanently to bind
+together a free and a slaveholding section. The only debate of which we
+have a record occurred August 28, 1787. Mr. Butler of North Carolina
+pressed the point in behalf of the Southern States. To his first
+proposition, "that fugitive slaves and servants be delivered up like
+criminals,"[51] Mr. Wilson objected; he saw no reason for obliging the
+state to arrest fugitives at public expense, while Mr. Sherman saw no
+more propriety in the public seizing and surrendering a slave or servant
+than a horse.[52] Mr. Butler therefore withdrew the proposition. He soon
+introduced a more particular provision, which was accepted and inserted
+in the Constitution, as follows:--
+
+ "NO PERSON HELD TO SERVICE OR LABOUR 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 LABOUR, BUT
+ SHALL BE DELIVERED UP ON CLAIM OF THE PARTY TO WHOM SUCH SERVICE OR
+ LABOUR MAY BE DUE."[53]
+
+In the various Constitutional Conventions, there was little discussion
+upon the matter. The Southern States in general considered the clause
+sufficient to protect their property. General Charles C. Pinckney, in
+South Carolina, said: "We have obtained the right to recover our slaves
+in whatever part of America they may take refuge, which is a right we
+have not had before. In short, considering all circumstances, we have
+made the best terms for the security of this species of property it was
+in our power to make. We would have made better if we could, but on the
+whole I do not think them bad."[54] In North Carolina, Mr. Iredell
+explained to the Convention that the Northern delegates, owing to their
+peculiar scruples on the subject of slavery, did not choose the word
+"slave" to be mentioned; but since the present laws were so prejudicial
+to the inhabitants of the Southern States, some such clause was
+necessary.[55] In Virginia, Mr. Grayson discussed the provision giving
+Congress exclusive legislation over ten square miles surrounding the
+capital. It seemed to him that, unless the ten miles square be considered
+a State, "persons bound to labor who shall escape thereto will not be
+given up. For they are only to be delivered up after they shall have
+escaped into a State."[56] This objection, though perfectly good at the
+time, was later overcome by the adoption by Congress of the laws of
+Maryland for the regulation of the District of Columbia, whereby it was
+made slave territory. Mr. Mason did not think the clause provided
+sufficiently for the protection of their slaves,[57] but Mr. Madison
+urged its adoption, as a better security than anything they then had.[58]
+
+In the North, there was apparently no discussion upon this article.
+Everywhere, however, it was thought that without such a clause the
+Southern States would not consent to the Union, and, in a spirit of
+compromise, the provision was accepted.
+
+
+[Footnote 1: Hurd, Law of Freedom and Bondage, I. 295.]
+
+[Footnote 2: Nation, April 18, 1889.]
+
+[Footnote 3: Appendix A, No. 1.]
+
+[Footnote 4: N. Y. Colonial Manuscripts, XIII. 211.]
+
+[Footnote 5: Appendix A, No. 45.]
+
+[Footnote 6: Hurd, Law of Freedom and Bondage, I. 295.]
+
+[Footnote 7: The texts will be found post, Appendix A.]
+
+[Footnote 8: Appendix A, No. 6.]
+
+[Footnote 9: Appendix A, No. 23.]
+
+[Footnote 10: Appendix A, No. 20.]
+
+[Footnote 11: Iredell, 90; Appendix A, No. 73.]
+
+[Footnote 12: Maryland Archives, II. 224.]
+
+[Footnote 13: Appendix A, No. 2.]
+
+[Footnote 14: Appendix A, No. 53.]
+
+[Footnote 15: Appendix A, No. 57; Appendix D, No. 6.]
+
+[Footnote 16: Boston Gazette, Jan. 1, 1770.]
+
+[Footnote 17: Boston Gazette, Oct. 2, 1750; G. W. Williams, History of
+the Negro Race in America, I. 330.]
+
+[Footnote 18: Liberator, March 16, 1860.]
+
+[Footnote 19: W. C. Nell's Address at the Nineteenth Anniversary of
+Boston Massacre.]
+
+[Footnote 20: Moore, Slavery in Massachusetts, 117.]
+
+[Footnote 21: Appendix A, No 3; Appendix D, No. 10.]
+
+[Footnote 22: See _ante_, § 2.]
+
+[Footnote 23: N. Y. Colonial Manuscripts, XIII. 238; Letter from Jacob
+Aldrich to Director Stuyvesant of New Netherlands, New Amstel, 14 May,
+1659; Documentary History of N. Y. Colony, II. 556; Appendix D, No. 2.]
+
+[Footnote 24: Appendix A, No. 8, Gilman, History of the American People,
+605.]
+
+[Footnote 25: N. Y. Colonial Manuscripts, I. 342; Doyle, English in
+America, I. 391.]
+
+[Footnote 26: Maryland Archives, II. 523.]
+
+[Footnote 27: Appendix A, No. 37.]
+
+[Footnote 28: Acts and Laws of Connecticut, 229.]
+
+[Footnote 29: N. Y. Colonial Manuscripts, V. 637; Appendix D, No. 4.]
+
+[Footnote 30: N. Y. Colonial Manuscripts, V. 793.]
+
+[Footnote 31: Appendix A, Nos. 50, 59.]
+
+[Footnote 32: Giddings, Exiles of Florida, 281; Wilson, Rise and Fall of
+the Slave Power in America, I. 122.]
+
+[Footnote 33: _Ante_, § 8.]
+
+[Footnote 34: Letter from William Beekman to Director Stuyvesant, in N.
+Y. Colonial Manuscripts, XIII. 346; Appendix D, No. 3.]
+
+[Footnote 35: N. Y. Colonial Manuscripts, XIII. 346.]
+
+[Footnote 36: Moore, Notes on the History of Slavery in Massachusetts,
+28; Doyle, English in America, I. 391; compare Appendix A, No. 14.]
+
+[Footnote 37: John Winthrop, History of New England from 1630 to 1649,
+p. 383; Appendix D, No. 1.]
+
+[Footnote 38: Archives of Maryland, Proceedings of Council, 1636-1667,
+pp. 134, 135.]
+
+[Footnote 39: Archives of Maryland, Proceedings of Council, III. 472.]
+
+[Footnote 40: Letter from M. de la Jonquière to M. de Rouillé, in N. Y.
+Colonial Manuscripts, X. 209; Appendix D, No. 5.]
+
+[Footnote 41: Massachusetts Historical Society Collections, Third
+Series, IX. 2; Appendix D, No. 7.]
+
+[Footnote 42: J. Quincy, Reports of Cases, 96; Appendix D, No. 8.]
+
+[Footnote 43: Moore, Slavery in Massachusetts, 117; T. R. Cobb,
+Historical Sketch of Slavery, 2, Law of Negro Slavery, 164;
+Massachusetts Historical Society Collections, Third Series, IX. 2;
+Josiah Quincy, Reports of Cases, 96; Hurd, Law of Freedom and Bondage,
+II.]
+
+[Footnote 44: Appendix B, No. 1.]
+
+[Footnote 45: Appendix B, Nos. 3, 5.]
+
+[Footnote 46: Appendix B, No. 2.]
+
+[Footnote 47: Post, § 22.]
+
+[Footnote 48: Randall, Jefferson, I. 397-400; Winsor, VII. 528; Journals
+of Congress, IX. 153-156.]
+
+[Footnote 49: Appendix B, No. 4; Journals of Congress, X. 79; Bancroft,
+History of the U. S. (last rev.), VI. 132-134; Bancroft, Constitution,
+I. 178-180; Hildreth, III. 458.]
+
+[Footnote 50: Appendix B, No. 6. On the Northwest Ordinance in general,
+see Winsor, VII. 538; J. H. Merriam, Legislative History of the
+Ordinance of 1787 (Worcester, 1888); Lalor's Cyclopædia, III. 30-34.]
+
+[Footnote 51: Elliot's Debates, V. 487.]
+
+[Footnote 52: Ibid., V. 487.]
+
+[Footnote 53: Appendix B, No. 7.]
+
+[Footnote 54: Elliot's Debates, III. 277.]
+
+[Footnote 55: Ibid., III. 182.]
+
+[Footnote 56: Ibid., III. 401.]
+
+[Footnote 57: Ibid., III. 428.]
+
+[Footnote 58: Ibid., III. 335.]
+
+
+
+
+CHAPTER II.
+
+_LEGISLATION FROM 1789 TO 1850._
+
+ § 16. Effect of the fugitive slave clause in the Constitution.
+ § 17. The first Fugitive Slave Act (1793).
+ § 18. Discussion of the first act.
+ § 19. Propositions of 1797 and 1802.
+ § 20. Propositions from 1817 to 1822.
+ § 21. Period of the Missouri Compromise (1819-1822).
+ § 22. Status of the question from 1823 to 1847.
+ § 23. Canada and Mexico places of refuge.
+ § 24. Status of fugitives on the high seas.
+ § 25. Kidnapping from 1793 to 1850: Prigg case.
+ § 26. Necessity of more stringent fugitive slave provisions.
+ § 27. Action of Congress from 1847 to 1850.
+ § 28. Slavery in the District of Columbia.
+ § 29. The second Fugitive Slave Act (1850).
+ § 30. Provisions of the second Fugitive Slave Act.
+ § 31. Arguments for the bill.
+ § 32. Arguments against the bill.
+
+
+=§ 16. Effect of the fugitive slave clause in the Constitution.=--By
+obtaining in the Constitution the insertion of a clause requiring the
+return of fugitives, a great step for the advancement of the interests of
+slavery had been taken. For this embodiment in the Constitution ever
+afterward formed a basis for the slaveholder's argument that the
+Constitution recognized and defended slavery, and was a justification to
+Northern men in their support of the later fugitive slave laws.
+
+Although the clause did not in terms apply to the Territories, the
+Ordinance of 1787 was, on August 7, 1789, confirmed in terms which by
+implication continued the sixth article, including the rendition of
+slaves;[59] and in the earliest treaties made by the United States with
+Indian tribes, under the new Constitution, the return of negroes was
+expressly required.[60]
+
+
+[Sidenote: The First Fugitive Slave Act.]
+
+=§ 17. The first Fugitive Slave Act (1793).=--For some time, however, the
+provision of the Constitution remained unexecuted; and it is a striking
+fact that the call for legislation came not from the South, but from a
+free State; and that it was provoked, not by fugitive slaves, but by
+kidnappers. The case seemed to suggest that an act of Congress was
+necessary, more definite in conditions and detail than the provision of
+the Constitution.
+
+A free negro named John was seized at Washington, Pennsylvania, in 1791,
+and taken to Virginia. The Governor of Pennsylvania, at the instigation
+of the Society for the Abolition of Slavery, asked the return of the
+three kidnappers; but the Governor of Virginia replied that, since there
+was no national law touching such a case, he could not carry out the
+request.[61]
+
+On the matter being brought to the notice of Congress by the Governor of
+Pennsylvania,[62] a Committee, consisting of Mr. Sedgwick, Mr. Bourne of
+Massachusetts, and Mr. White, was appointed in the House of
+Representatives to bring in a bill or bills "providing the means by which
+persons charged in any State with treason, felony, or other crime, who
+shall flee from justice, shall, on the demand of the executive authority
+of the State from which they fled, be delivered up, to be removed to the
+State having jurisdiction of the crime; also providing the mode by which
+a person held to service or labor in one State under the laws thereof,
+escaping into another, shall be delivered up on the claim of the party to
+whom such service or labor may be due."[63]
+
+A bill prepared by the House committee, of which Mr. Sedgwick was
+chairman, was reported, November 15, 1791;[64] but for some reason which
+does not appear, it was dropped, and a Senate committee, of which Calvert
+was chairman, was appointed, March 30, 1792, "to consider the expediency
+[of] a bill respecting fugitives from justice and from the service of
+their masters."[65] Nothing was done during this session, and, November
+22, 1792, a second Senate committee was appointed, consisting of
+Johnston, Calvert, and Read,[66] and they submitted a bill, December 20,
+1792.[67] Unfortunately, we have no details of the debate; but on
+December 28, a third Senate committee was appointed by adding Taylor and
+Sherman to the committee of November 22, and to them the bill was
+recommitted with instructions to amend.[68] At last, January 3, 1793, the
+bill was reported in a form not unlike that finally agreed upon.[69] Of
+the amendments offered, the text of only one is preserved in the
+Journals; it was for the insertion of a less sum than five hundred
+dollars as the penalty for harboring a fugitive, or resisting his
+arrest.[70] It was not adopted. After two debates, of which we have no
+record, the bill passed the Senate, January 18.[71] In the House it seems
+to have elicited little discussion, and it passed, February 5, by a vote
+of 48 to 7.[72] The bill became law by the signature of the President,
+February 12, 1793.[73]
+
+In thus uniting with the clause providing for the extradition of
+fugitives from justice one requiring the return of fugitive slaves,
+Congress was but following examples set in 1643 by the Articles of
+Confederation,[74] and again in 1787 by the Constitution.[75] From the
+scanty records, it is possible to discern only that there was serious
+difference of opinion in the Senate, and that the measure finally adopted
+was probably a compromise. In the one amendment stated, there is a faint
+protest against the harshness of the law.[76]
+
+
+=§ 18. Discussion of the first act.=--The provisions of the act of 1793
+are quoted elsewhere;[77] their purport was as follows. The act provided
+at the same time for the recovery of fugitives from justice and from
+labor; but the alleged criminal was to have a protection through the
+requirement of a requisition, a protection denied to the man on trial for
+his liberty only. The act was applicable to fugitive apprentices as well
+as to slaves, a provision of some importance at the time. In the
+Northwest Territory there were so-called negro apprentices, who were
+virtually slaves, and to whom the law applied, since it was in terms
+extended to all the Territories. Proceedings began with the forcible
+seizure of the alleged fugitive.
+
+The act, it will be observed, does not admit a trial by jury. It allowed
+the owner of the slave, his agent or attorney, to seize the fugitive and
+take him before any judge of a United States Circuit or District Court,
+or any local magistrate.[78] The only requirement for the conviction of
+the slave was the testimony of his master, or the affidavit of some
+magistrate in the State from which he came, certifying that such a person
+had escaped. Hindering arrest or harboring a slave was punishable by a
+fine of five hundred dollars. The law thus established a system allowing
+the greatest harshness to the slave and every favor to the master. Even
+at that time, when persons might still be born slaves in New York and New
+Jersey, and gradual emancipation had not yet taken full effect in Rhode
+Island and Connecticut, it was repellent to the popular sense of justice;
+there were two cases of resistance to the principle of the act before the
+close of 1793.[79]
+
+
+[Sidenote: Propositions of 1797 and 1802.]
+
+=§ 19. Propositions of 1797 and 1802.=--Until 1850 no further law upon
+this subject was passed, but as the provisions of 1793 were found
+ineffectual, many attempts at amendment were made. In 1796 a troublesome
+question arose out of the seizure, under the act of 1793, of four negroes
+who had been manumitted in North Carolina. A retroactive act of that
+State had declared them slaves again, and they had fled to Philadelphia
+where they were arrested. January 30, 1797, they petitioned Congress for
+relief, and after an exciting debate the House by a vote of 50 to 33
+refused to receive the petition.[80] There is nothing in the scanty
+records which connects this case or petition with an attempt to amend the
+act; but it is altogether likely that it occasioned Murray's motion of
+December 29, 1796, for a committee to report on alterations of the
+law;[81] and that it led to the almost simultaneous appointment of a
+House committee on January 2,[82] and a Senate committee on January
+3.[83] No report is recorded.
+
+The coming on of difficulties with France, and the Alien and Sedition
+Acts of 1798, absorbed the popular attention. In 1800 debates on the
+slave trade and on the reception of petitions from free negroes began.
+January 22, 1801, a House committee was appointed to report a bill
+increasing the stringency of the act.[84] The bill was reported, but
+failed to be considered.[85] In the next Congress the matter was at last
+brought to an issue. A committee, of which Nicholson of Maryland was
+chairman, was appointed, December 11, 1801,[86] and reported only seven
+days later. The report was made a special order for December 21.[87] On
+that day no debate is recorded, but a petition from a free colored
+soldier of the Revolution was contemptuously denied reception.[88]
+January 14 and 15, the bill was debated freely, and from the debate and
+sundry amendments the character of the bill may be inferred. Not only
+harboring, but employing a fugitive, was made punishable; and it was
+ordained that every black employed must be furnished with an official
+certificate, and that every person who employed a negro must publish a
+description of him. Southern members "considered it a great injury to the
+owners of that species of property, that runaways were employed in the
+Middle and Northern States, and even assisted in procuring a living. They
+stated that, when slaves ran away and were not recovered, it excited
+discontent among the rest. When they were caught and brought home, they
+informed their comrades how well they were received and assisted, which
+excited a disposition in others to attempt escaping, and obliged their
+masters to use greater severity than they otherwise would. It was, they
+said, even on the score of humanity, good policy in those opposed to
+slavery to agree to this law."[89] This appeal to the humanity of the
+North failed to produce the requisite effect. On the test vote, January
+18, 1802, every Southern member except two voted for the bill, every
+Northern member except five against it; the vote was 43 to 46, and the
+bill was laid aside.[90]
+
+
+[Sidenote: Propositions from 1817 to 1822.]
+
+=§ 20. Propositions from 1817 to 1822.=--For many years the question of
+amendment of the law does not appear to have come up in Congress. The
+abolition of the slave trade seems to have absorbed the attention of
+Congress. Several treaties were negotiated including clauses on the
+return of fugitives.[91] The question was brought up again in 1817 by
+Pindall of Virginia, who for several years urged a revision of the act. A
+committee of which he was chairman was appointed, December 15, 1817, and
+reported a bill, December 29, 1817.[92] This third proposition of general
+amendment led to a debate, January 26 and 29, 1818, in which for the
+first time we have a record of discussion on the principles of the act
+and its relations to human freedom. The opposition was based not only on
+constitutional, but on humanitarian grounds.[93] A petition of the
+Pennsylvania Abolition Society, asking for a milder law than that of
+1793, added fuel to the discussion.[94]
+
+The principle of the bill was that the fugitives should be surrendered by
+a requisition on the State Executive, as in the case of fugitives from
+justice: the question of proof was thus left to the courts of the State
+of the claimant, and there was to be no habeas corpus. The strongest
+expression of disapproval is found in the speech of Mr. Adams of
+Massachusetts, who said, "that, in guaranteeing the possession of slaves,
+the Constitution did not authorize or require the General Government to
+go as far as the bill proposed to render this bill effectual; that the
+bill contained provisions dangerous to the liberty and safety of the free
+people of color in other sections of the Union."[95] Mr. Rich of Vermont
+desired "that it might be so amended as to guard more effectually the
+rights of free persons of color. This motion he enforced by urging the
+oppressions to which these persons were now subjected, and the necessity
+of some regulation on the subject, which he thought might be very
+properly connected with this bill."[96] Mr. Livermore also showed that it
+exposed the colored men of the North to the peril of being dragged South,
+and there convicted.[97]
+
+All these objections, however, were considered of little value by some
+who, like Smith of Maryland, thought that the subject of the free colored
+population and their protection should be treated separately, while Mr.
+Holmes of Massachusetts suggested that the operation of the writ of
+habeas corpus would render such acts of injustice improbable.[98] Mason,
+of the same State, objected to a trial by jury, which had been suggested,
+because "juries in Massachusetts would in ninety-nine cases out of one
+hundred decide in favor of the fugitives, and he did not wish his town
+[Boston] infected with the runaways of the South."[99]
+
+Upon two constitutional points the opponents of the bill made a stand.
+Mr. Sergeant wished to change the bill materially, by making "the judges
+of the State in which ... slaves are seized the tribunal to decide the
+fact of slavery, instead of the judges of the State whence the fugitives
+escaped," but this was negatived by a large majority.[100]
+
+Another objection to the bill, raised by Mr. Whitman, is noteworthy,
+since some years later it was the point made most prominent in Judge
+Story's decision in the Prigg Case.[101] Mr. Whitman disapproved of the
+provision making it a penal offence for a State officer to refuse his
+assistance in executing the act. He did not believe that Congress had any
+right to compel State officers to perform this duty; they could do no
+more than authorize it.[102]
+
+A vote was taken, January 30, 1818, in the House, and the bill passed by
+a vote of 84 to 69.[103] It was ordered that the title be "An Act to
+provide for delivering up persons held to labor or service in any of the
+States or Territories who shall escape into any other State or
+Territory."
+
+For the first time since 1793, amendment of the act seemed within reach.
+The Senate showed itself in other questions more inclined than the House
+to consider the claims of the South; but although Dagget's amendment to
+strike out the elaborate provision for the return of fugitives by
+executive requisition was not adopted,[104] the Senate first voted to
+limit the bill to four years,[105] and then added other amendments. The
+result was a non-concurrence with the House, and the failure of the
+bill,[106] March 13-16, 1818. A last attempt to take the bill up failed,
+April 10, 1818.[107]
+
+
+[Sidenote: Period of the Missouri Compromise.]
+
+=§ 21. Period of the Missouri Compromise (1819-1822).=--The loss of the
+bill of 1818 seems not to have discouraged the friends of amendment of
+the act of 1793. December 17, 1818, a resolution of the Maryland
+legislature was laid before the House, calling for protection against the
+citizens of Pennsylvania who harbored or protected fugitives.[108] A
+committee was appointed, January 15, 1819, which promptly reported next
+day, but the bill was not considered.[109]
+
+The question of fugitives came incidentally into the great debate of the
+next session on the admission of Missouri. The region which sought
+admission as a slave State was flanked on the east by free territory, and
+was therefore peculiarly difficult to protect. A compromise, which made
+Missouri a slave State, prohibited slavery in all other territory gained
+from France north of 36° 30'.[110] In the prohibitory clause, however, it
+was 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 reclaimed, and conveyed to the person
+claiming his or her labor or service as aforesaid."[111] During the
+immigration into Missouri which now began, large numbers of slaveholders
+took their slaves with them, and on the passage opportunities for escape
+were often found. In one instance, at least, recorded in Ohio, the public
+sympathy was so strongly with the fugitives that they were successfully
+protected from their masters even in court.[112]
+
+Hardly was the ink dry on the President's signature of the Missouri
+Compromise (March 15, 1820) before propositions were made in both the
+House and Senate for new general fugitive slave acts. March 18, a House
+committee was appointed,[113] but no report is recorded. April 3, an
+inquiry was set on foot into the provisions of a Pennsylvania act
+hindering the operation of the act of 1793,[114] and the Secretary of
+State submitted a copy of the obnoxious act, April 18. On the day of the
+Secretary's report a proposition in the Senate to instruct the Judiciary
+Committee to report a bill was voted down.[115] Positive evidence cannot
+be obtained, but it would seem that a continued effort was made to take
+advantage of the agitation on the slavery question to secure a new
+fugitive slave act, as was done in 1850.
+
+One more attempt was made in 1821-22. Mr. Wright presented, December 17,
+1821, a resolution of the Maryland General Assembly praying for relief
+against the abettors of the fugitives in Pennsylvania.[116] He desired a
+special committee, but the question was referred to the Committee on the
+Judiciary, which reported a bill, January 14, 1822.[117] March 27 to
+April 1, it was debated, but finally tabled.[118] The character of the
+bill does not distinctly appear in the records.
+
+
+=§ 22. Status of the question from 1823 to 1847.=--Although no amendment
+could be procured to the act of 1793, the government of the United States
+had repeatedly, by diplomatic demands and treaties, undertaken to recover
+fugitives, or their value, for Southern owners. The first Indian treaty
+negotiated under the Constitution, that of April 7, 1790, with the
+Creeks, required the return of negroes held as prisoners of war.[119] A
+similar clause appeared in the treaty made in 1814, at the end of the war
+with the Creeks, a war which had been provoked in part by their ready
+reception of fugitives.[120] In 1832 the government went so far as to
+promise to expend seven thousand dollars in paying for "slaves and other
+property alleged to have been stolen" by the Seminoles.[121]
+
+With Great Britain, also, the encouragement of fugitives became a subject
+for negotiation. Much bitterness had been felt at the carrying away by
+the British, in 1783, of slaves who had taken refuge with them.[122] In
+the treaty of Ghent, therefore, a strict clause forbade the carrying away
+by the British of "any slaves or other private property."[123] A large
+number of slaves had, during the war, been received on board British
+vessels, and the humane but specious plea was set up by the British
+government that the clause applied only to slaves received after the date
+of the peace. A convention of 1818 submitted the question to the Emperor
+of Russia, who in 1822 made a decision not wholly favorable to either
+party; and in 1826,[124] by a second convention, Great Britain agreed to
+pay $1,204,960. This last award was obtained by a Pennsylvanian,
+Gallatin, acting under the direction of President John Quincy Adams, a
+citizen of Massachusetts.
+
+
+[Sidenote: Canada and Mexico Places of Refuge.]
+
+=§ 23. Canada and Mexico places of refuge.=--The existence on the
+northern and southwestern frontiers of regions in which slavery was
+practically, if not yet legally, extinct, brought about another set of
+complications. January 24, 1821, a resolution was presented in Congress
+from the General Assembly of Kentucky, protesting against the kindly
+reception of fugitives in Canada, and asking for negotiation with Great
+Britain on the subject.[125] In 1826, Mr. Clay, Secretary of State,
+instructed Mr. Gallatin, United States Minister at the Court of St.
+James, to propose the "mutual surrender of all persons held to service or
+labor under the laws of either country who escape into the territory of
+the other." The British government replied that any such agreement was
+impossible, and, though a second attempt was made by the United States,
+it was without success.[126]
+
+In 1841 Mr. Woodbridge submitted a resolution to the Senate requesting
+the Committee on Foreign Relations to consider the expediency of entering
+into an arrangement with Great Britain for the arrest of fugitive slaves
+charged with crime who might escape over the northern boundary of the
+United States.[127] No action was taken upon the resolution.
+
+The North, however, was not the only region to which slaves were fleeing
+at this time. Complaint was heard after 1830, that the "freedom and
+equality granted blacks by the Mexican Constitution and law of 1829, was
+attracting large numbers of slaves from Louisiana,"[128] while in Florida
+the Seminole trouble was not yet ended.
+
+The last case of this kind occurred just at the outbreak of the Civil
+War. A slave by the name of Anderson was found one day by Mr. Seneca T.
+P. Diggs, wandering about his plantation in Howard County, Missouri,
+without a pass. Mr. Diggs thereupon arrested him as a fugitive slave. In
+the struggle which followed, the desperate runaway plunged a knife into
+Mr. Diggs's heart. His captor dead, Anderson hastened on to Canada.[129]
+There he lived a quiet and industrious life until 1860, when the American
+government called upon Canada, under the extradition treaty, to give up
+Anderson for punishment. He was arrested, but applied to the Toronto
+court for a writ of habeas corpus, which was refused. An appeal was
+immediately made to the Queen's Bench, England, which granted the
+writ.[130] In the trial Anderson was defended by Mr. Gerrit Smith in an
+eloquent speech, which made a great impression, and was circulated all
+over the United States.[131] The prisoner was discharged on a technical
+point.[132]
+
+
+=§ 24. Status of fugitives on the high seas.=--When in 1830 gradual
+emancipation began in the British colonies, and in 1837 slavery ceased to
+exist there, a new set of complications arose. American vessels carrying
+slaves from one part of the United States to another were repeatedly
+driven or conveyed into British ports, and the slaves were there treated
+as ordinary fugitives, that is, as free men. Thus the Comet in 1830,[133]
+and the Encomium in 1834,[134] were cast away on the Bahamas, and the
+slaves on board could not be recovered. In 1835 the Enterprise was forced
+by stress of weather to enter a port of the Bermudas,[135] and the
+officers were not permitted by the British authorities to restrain the
+persons on board.
+
+In none of these three cases were the negroes restored; but in 1840 the
+British government paid an indemnity for the first two cargoes, on the
+ground that at the time of the wrecks slavery had not yet been completely
+extinguished in the colonies.[136] No indemnity was allowed in the
+Enterprise case, and the British government declared that it could assume
+no responsibility in cases arising since the abolition of slavery.[137]
+Elaborate resolutions introduced by Calhoun, March 4, 1840, and passed,
+April 15, by a unanimous vote of the Senate, condemned the British
+principle.[138] But when, in the next year, the slaves on board the
+American ship Creole rose and by force carried her into Nassau,[139] the
+British government refused to return them either as slaves or as
+murderers.[140] Webster, as Secretary of State, strenuously urged the
+surrender. In 1853, an arbitrator decided that an indemnity must be paid
+to the American government.[141] On the other hand, when, in 1839, a
+Spanish vessel, L'Amistad, in which the slaves on board had revolted and
+killed their master, was brought into an American port, the Supreme Court
+refused to permit their surrender, on the ground that they were free by
+Spanish law, and therefore could not be tried for murder.[142]
+
+
+[Sidenote: Kidnapping from 1793-1850. Prigg Case.]
+
+=§ 25. Kidnapping from 1793 to 1850: Prigg case.=--Since slavery was now
+extinct in the more northern States, their population contained many free
+negroes. Upon them the eyes of the slave trader were often turned, as
+easy prey under the law of 1793, and many cases of kidnapping occurred.
+It was such instances, involving as they did the most manifest injustice
+and cruelty, that first aroused the sympathies of the people.[143] The
+border States like Pennsylvania were often the scene of these acts. The
+neighboring white families first began to try to protect the negroes
+settled near them, and a little later to give a helping hand to those
+escaping from slavery, and at last, in the underground railroad,[144] to
+complete a systematic organization for the assistance of fugitives. Cases
+of kidnapping are recorded as early as 1808.[145] In 1832 the carrying
+away of a black woman without process of law not only roused the people
+of Pennsylvania, but led to a decision which took away much of the force
+of the act of 1793.
+
+A slave woman, Margaret Morgan, had fled from Maryland to Pennsylvania.
+Five years later, in 1837, Edward Prigg, an attorney, caused her to be
+arrested and sent back to her mistress without recourse either to the
+national or State act on the subject. In the act he disregarded a law of
+Pennsylvania, brought about in 1826 through the efforts of the Society
+for the Abolition of Slavery, which forbade the carrying out of the State
+of any negro with the intention of enslaving him. Accordingly, Mr. Prigg
+was arrested and convicted in the county court. The Supreme Court of
+Pennsylvania sustained the decision. Thence the case was taken to the
+Supreme Court of the United States. There the counsel for Mr. Prigg
+argued that the statute of Pennsylvania on which the indictment was
+founded was unconstitutional, since it conflicted with the law of 1793.
+Justice Story delivered the opinion of the court, and upon this decision
+all future judgments were based. He announced that the law must be
+carried out through national authorities alone; the States or State
+magistrates could not be forced into action.[146] After this, many
+States, seeing the advantage thus given them, passed laws which forbade
+the officers to aid in a fugitive slave case, and also denied the use of
+their jails for imprisonment.[147] Plainly the Prigg case showed a
+growing indisposition on the part of the States to carry out the law,
+however severe its provisions might be; and this disposition to evade its
+obligations is still further evidenced by the cases given in the next
+chapter.
+
+
+=§ 26. Necessity of more stringent fugitive slave provisions.=--The
+increasing number of rescues,[148] and the occurrence of several cases of
+resistance, proved conclusively the inadequacy of the law of 1793. After
+the Prigg decision the provisions made for its execution through national
+powers were entirely insufficient. Underlying all these acts, the South
+also could but perceive a sentiment the growth of which, unless checked
+in some way, would at last permanently injure, if not destroy, their
+peculiar institution.
+
+
+=§ 27. Action of Congress from 1847 to 1850.=--From 1822 until 1848
+apparently no effort was made to secure a new law. Then a petition
+received in 1847 from the Legislature of Kentucky, urging the importance
+of passing such laws as would enable the citizens of slaveholding States
+to recover their slaves when they escaped into non-slaveholding
+States,[149] gave rise to a bill from the Committee on the
+Judiciary.[150] The bill provided "for the more effectual execution of
+the third clause of the second section of the Fourth Article of the
+Constitution."[151] It passed only to the second reading. In 1849, Mr.
+Meade proposed in the House to instruct the Committee on the Judiciary to
+report a fugitive slave bill.[152] No report apparently was ever made,
+but this was the last ineffectual proposition. In 1850, a new law was
+successfully carried in both Houses.
+
+
+=§ 28. Slavery in the District of Columbia.=--During this period, from
+1840 to 1850, the subject of slavery and fugitives in the District of
+Columbia began to occasion debate, which was never long silenced. It was
+notorious that almost under the windows of the Capitol negroes were
+confined in public jails on the ground that they were fugitives; and that
+a free negro so confined might be sold for his jail fees. Resolutions for
+an investigation of the condition of the jails were offered in 1848 by
+Mr. Giddings;[153] and Mr. Hall also introduced more sweeping
+propositions to repeal all laws of Congress and of Maryland which
+authorized or required courts, officers, or magistrates to issue process
+for arrest or commitment to the jail of the District of any fugitive
+slave.[154] Congress, however, was in a mood too conciliatory toward the
+South to consider these propositions; and no action was taken.
+
+
+[Sidenote: The Second Fugitive Slave Act.]
+
+=§ 29. The second Fugitive Slave Act (1850).=--In the early part of the
+first session of the Thirty-first Congress, Mr. Mason of Virginia
+introduced a bill to make the provisions of the fugitive slave act more
+severe,[155] and the bill was reported from the Committee on the
+Judiciary, January 16, 1850. Two additional amendments were soon offered
+by Mr. Mason. The first imposed a fine of one thousand dollars and
+imprisonment for twelve months upon any one who should obstruct the
+execution of the law. The second provided that the testimony of a
+fugitive should not be admitted. Mr. Seward, in opposition, proposed on
+the 28th to allow a fugitive the right of trial by jury, with a fine of
+five thousand dollars and the forfeiture of office should the right be
+disallowed by any judge or marshal.[156]
+
+Mr. Clay's "Omnibus Bill," by which he intended to settle the territorial
+question then before Congress, and at the same time to check the
+antislavery movement, contained a fugitive slave clause, though not so
+severe in its provisions as Mr. Mason's.[157] This bill, however, was not
+debated as a whole, but each proposition considered separately, and thus
+Mr. Mason's bill became the basis of the fugitive slave provision in the
+Compromise of 1850.
+
+The measure was considered, and various amendments were offered, until
+August 26, 1850, when it was passed by the Senate, and a few days later
+by the House;[158] the signature of President Fillmore was readily
+appended, and it became law, September 18, 1850.[159]
+
+
+=§ 30. Provisions of the second Fugitive Slave Act.=--Every provision of
+the act was arranged for the protection and benefit of the slaveholders.
+It was based upon the law of 1793, but a number of new regulations were
+added.[160] Commissioners were to be chosen by the Circuit Courts of the
+United States and the Superior Courts of the Territories, to act with the
+judges of those courts in fugitive slave cases. Such commissioners could
+be fined one thousand dollars for refusing to issue a writ, and were
+liable for the value of any slave escaping from them. The testimony
+required for rendition was the official declaration of the fact of the
+escape of a slave by two witnesses, and the establishment of his identity
+by oath. The testimony of the accused could not be admitted. The right of
+trial by jury was not affirmed, and was therefore practically denied. A
+sheriff might call upon any bystander for help in executing the law, and
+the penalty for harboring or aiding in a rescue was increased from five
+hundred dollars, as in 1793, to one thousand dollars, and imprisonment
+for not more than six months. Should the slave escape, damages to the
+same amount were to be paid to the claimant. If a mob were feared,
+military force might be employed; and by a discrimination little likely
+to win respect for the act, the fee of the commissioner was to be
+increased from five to ten dollars whenever the case was decided in favor
+of the claimant.
+
+
+[Sidenote: Arguments for the Bill.]
+
+=§ 31. Arguments for the bill.=--The debate on the Fugitive Slave Bill
+more than any other part of the Compromise illustrates the character of
+the slavery conflict. Most of the Southern members urged the immediate
+necessity of a new law, but some of the more ardent considered the evil
+to be one which could be reached only through a change in public
+sentiment, and they thought all legislation valueless.[161] Mr. Mason
+thus presented the evils with which the law must cope. He stated that the
+border States had found it an impossibility to reclaim a fugitive when he
+once got within the boundaries of a non-slaveholding State; "and this
+bill, or rather the amendments, ... have been framed with a great deal of
+consideration, to reach, if practicable, the evils which this experience
+has demonstrated to exist, and to furnish the appropriate remedy in
+enabling the owner of a fugitive to reclaim him." Under the existing
+laws, "you may as well go down into the sea and endeavor to recover from
+his native element a fish which has escaped from you, as expect to
+recover such a fugitive. Every difficulty is thrown in your way by the
+population.... There are armed mobs, rescues. This is the real state of
+things."[162]
+
+Not only were the laws thus set aside by individuals, but also through
+the Underground Railroad an organized system of depredation was carried
+on, whereby thousands of dollars were every year lost to the
+slaveholder.[163] As an illustration of the extent to which this
+disregard of law was carried, Mr. Yulee, one of the most extreme of the
+Southern men, instanced a convention which was then in session in New
+York "for the very purpose, openly avowed, of congratulation upon their
+successful violation of the Constitution in respect to fugitives, and to
+devise ways and means to encourage the escape of slaves."[164]
+
+Such, according to the Southern Congressmen, was the condition of
+affairs. They then proceeded to contrast it with the situation as
+contemplated by the Constitution, and supported by the decision of the
+Supreme Court in the Prigg case. Mr. Butler insisted that this bill
+required "nothing more than is enjoined by the Constitution, and which
+contains the bond of union and the security of harmony; and in the name
+of Washington, I would invoke all parties to observe, maintain, and
+defend it." He said it was the handiwork of sages and patriots, and
+resulted from intelligent concessions, for the benefit of all.[165] Many
+speeches were filled with prophecies, more or less openly expressed, of
+the dissolution of the Union. Mr. Soulé said the South must fight for its
+rights, since it is the weaker of the two sections.[166] It had come down
+to the question, How could the Union be preserved?[167] Some concessions
+must be made. Mr. Badger urged the bill, because it "will give assurance,
+it will satisfy the public mind that the Government is disposed, is truly
+anxious, to accomplish the restitution of fugitive slaves; sincerely
+wished and is resolved to do right to the uttermost of its power. The
+proof of this will be complete, because we furnish the best means for the
+recovery of the slave himself, and if these fail we can secure prompt and
+adequate indemnity for the loss."[168]
+
+
+[Sidenote: Arguments against the Bill.]
+
+=§ 32. Arguments against the bill.=--On the Northern side, there seems to
+have been an admission that some bill of the kind was necessary for the
+interests of the Union. The opposition dwelt chiefly, therefore, upon the
+details of the measure. Many considered them unjust, as recognizing only
+one class of rights, those of the masters. Mr. Chase, from the
+antislavery wing, demanded that a claim of this kind be put on the same
+footing as any other statutory right. "Claims of right in the services of
+individuals found under the protection of the laws of a free State must
+be investigated in the same manner as other claims of right. If the most
+ordinary controversy involving a contested claim of twenty dollars must
+be decided by jury, surely a controversy which involves the right of a
+man to his liberty should have a similar trial.... It will not do for a
+man to go into a State where every legal presumption is in favor of
+freedom, and seize a person whom he claims as a fugitive slave, and say,
+'This man is my slave, and by my authority under the Constitution of the
+United States I carry him off, and whoever interferes does so at his
+peril.' He is asked, 'Where is your warrant?' and he produces none;
+'Where is your evidence of claim?' and he offers none. The language of
+his action is, 'My word stands for law.'"
+
+
+[Footnote 59: Statutes at Large, I. 50.]
+
+[Footnote 60: Appendix B, No. 8.]
+
+[Footnote 61: Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585; Annals of
+Cong., 2 Cong. 1 Sess., H. of R., 147.]
+
+[Footnote 62: State Papers, Miscellaneous, I. 39-43.]
+
+[Footnote 63: House Journal, 2 Cong. 1 Sess., 444; Annals of Cong.,
+148.]
+
+[Footnote 64: House Journal, 2 Cong. 1 Sess., 454; Annals of Cong.,
+179.]
+
+[Footnote 65: Senate Journal, 170; Annals, 115.]
+
+[Footnote 66: 2 Cong. 2 Sess., Senate Journal, 460; Annals of Cong.,
+616.]
+
+[Footnote 67: Senate Journal, 16; Annals, 622.]
+
+[Footnote 68: Senate Journal, 25, 26; Annals, 623.]
+
+[Footnote 69: Senate Journal, 28; Annals, 625.]
+
+[Footnote 70: Senate Journal, 35; Annals, 630.]
+
+[Footnote 71: Senate Journal, 34, 35; Annals, 630.]
+
+[Footnote 72: House Journal, 105; Annals, 861.]
+
+[Footnote 73: Appendix B, No. 9.]
+
+[Footnote 74: Ante, § 8; Appendix A, No. 8.]
+
+[Footnote 75: Ante, § 15.]
+
+[Footnote 76: For general discussions of the act, see Von Holst,
+Constitutional History, I. 309-315; Hildreth, History of the U. S., IV.
+406-440; Lalor's Cyclopædia, II. 315-316; Stephens, War between the
+States, I. 629-636, 674; Bancroft's History of the U. S. (last
+revision), VI. 309, 310; Goodell, Slavery and Antislavery, 227; Curtis,
+History of the Constitution, II. 450-467; Hurd, Law of Freedom and
+Bondage, II. 142; Story, Commentaries, III. 673-678; McMaster, History
+of the American People, I. 508, II. 356, 357; Elliott's Debates, V. 357,
+487; Schouler, History of the U. S., I. 219, 220; Tucker, History of the
+U. S., I. 500.]
+
+[Footnote 77: Appendix B, No. 9.]
+
+[Footnote 78: Post, § 27.]
+
+[Footnote 79: Post, §§ 34, 35.]
+
+[Footnote 80: Annals of Congress, 1796-97, p. 2015, and 1801-2, p. 343.]
+
+[Footnote 81: House Journal, 4 Cong. 2 Sess., 65; Annals of Cong., 1741,
+1767.]
+
+[Footnote 82: Murray, Cooper, and Kiltera. Annals of Cong., 1767.]
+
+[Footnote 83: Sedgwick, Reed, and Henry. Senate Journal, 4 Cong. 2
+Sess., 39; Annals of Cong., 1528.]
+
+[Footnote 84: Appendix B, No. 10.]
+
+[Footnote 85: House Journal, 6 Cong. 2 Sess., 220; Annals of Cong.,
+1053.]
+
+[Footnote 86: Nicholson, Goddard, Holland, J. Smith (Va.), Lowndes.
+House Journal, 7 Cong. 1 Sess., 34; Annals of Cong., 317.]
+
+[Footnote 87: House Journal, 7 Cong. 1 Sess., 45; Annals of Cong., 335.]
+
+[Footnote 88: Annals of Cong., 343.]
+
+[Footnote 89: House Journal, 7 Cong. 1 Sess., 125; Annals of Cong., 422,
+423; Appendix B, No. 10.]
+
+[Footnote 90: House Journal, 7 Cong. 1 Sess., 125, 128; Annals of Cong.,
+423, 425.]
+
+[Footnote 91: _Post_, § 22.]
+
+[Footnote 92: House Journal, 15 Cong. 1 Sess., 50, 86, 182, 186, 189,
+193, 198; Annals of Cong., 446, 447, 513, 819, 829, 831, 840, 1339,
+1393.]
+
+[Footnote 93: Appendix B, No. 13.]
+
+[Footnote 94: Annals of Cong., 829.]
+
+[Footnote 95: Annals of Cong., 838.]
+
+[Footnote 96: Annals of Cong., 15 Cong. 1 Sess., 829, 830.]
+
+[Footnote 97: Annals of Cong., 838.]
+
+[Footnote 98: Annals of Cong., 838.]
+
+[Footnote 99: Annals of Cong., 838.]
+
+[Footnote 100: Annals of Cong., 838.]
+
+[Footnote 101: Appendix B, No. 13.]
+
+[Footnote 102: _Post_, § 25.]
+
+[Footnote 103: House Journal, 15 Cong. 1 Sess., 198; Annals of Cong.,
+840.]
+
+[Footnote 104: Appendix B, No. 14.]
+
+[Footnote 105: Appendix B, No. 15.]
+
+[Footnote 106: Senate Journal, 15 Cong. 1 Sess., 128, 135, 174, 202,
+227, 228, 233; House Journal, 328; Annals of Cong., 165, 210, 259, 262,
+1339.]
+
+[Footnote 107: Annals of Cong., 1716.]
+
+[Footnote 108: Cf. Appendix B, No. 17.]
+
+[Footnote 109: House Journal, 15 Cong. 1 Sess., 188, 191; Annals of
+Cong., 546, 551.]
+
+[Footnote 110: Annals of Cong., 16 Cong. 1 Sess., 469, 1587.]
+
+[Footnote 111: Appendix B, No. 16.]
+
+[Footnote 112: Liberator, Jan. 24, 1840 (N. Y. Evening Post).]
+
+[Footnote 113: House Journal, 16 Cong. 1 Sess., 427; Annals of Cong.,
+1863.]
+
+[Footnote 114: Appendix B, No. 18.]
+
+[Footnote 115: Senate Journal, 16 Cong. 1 Sess., 319, 326; Annals of
+Cong., p. 618.]
+
+[Footnote 116: Appendix B, No. 18.]
+
+[Footnote 117: House Journal, 17 Cong. 1 Sess., 143; Annals of Cong.,
+553, 558, 710.]
+
+[Footnote 118: Annals of Cong, 17 Cong. 1 Sess., 1379, 1415, 1444.]
+
+[Footnote 119: Appendix B, No. 8.]
+
+[Footnote 120: Appendix B, No. 11.]
+
+[Footnote 121: Appendix B, No. 19.]
+
+[Footnote 122: _Ante_, § 13; Appendix B, No. 2.]
+
+[Footnote 123: Appendix B, No. 12.]
+
+[Footnote 124: Am. State Papers, Foreign, IV. 106-126, VI. 346-354.]
+
+[Footnote 125: Annals of Cong., 16 Cong. 2 Sess., 94.]
+
+[Footnote 126: S. G. Howe, Refugees from Slavery in Canada, 12-14;
+Niles's Register, XXIII. 26, LV. 289.]
+
+[Footnote 127: Appendix B, No. 21; cf. No. 24.]
+
+[Footnote 128: Niles's Register, XXIII. 26.]
+
+[Footnote 129: Liberator, Dec. 31, 1860.]
+
+[Footnote 130: Pamphlets on Anderson case, Boston Public Library;
+Appendix D, No. 65.]
+
+[Footnote 131: Life of Gerrit Smith, 115.]
+
+[Footnote 132: Liberator, Jan. 22, 1861.]
+
+[Footnote 133: Von Holst, II. 312; Calhoun, III. 9, 464, 486; Senate
+Docs., 25 Cong. 3 Sess., No. 216.]
+
+[Footnote 134: Wilson, Slave Power, I. 439-442; Congressional Globe,
+XIV. 50.]
+
+[Footnote 135: Goodell, Slavery and Antislavery, 252, 253; Von Holst,
+Calhoun, 204-209.]
+
+[Footnote 136: House Docs., 27 Cong. 2 Sess., V., No. 242; Congressional
+Globe, XIV. 50.]
+
+[Footnote 137: Senate Docs., 26 Cong. 1 Sess., III., No. 11.]
+
+[Footnote 138: Congressional Globe, XIV. 80, 113-118; Calhoun, III. 462;
+Appendix B, No. 20.]
+
+[Footnote 139: Senate Docs., 27 Cong. 1 Sess., II., No. 51.]
+
+[Footnote 140: Cobbett's Case, 47; Dana's Wheaton, note 62; cf. Appendix
+B, No. 23.]
+
+[Footnote 141: Lawrence's Wheaton, 207, n.]
+
+[Footnote 142: Von Holst, I. 321, 322; Opinions of the Attorney
+Generals, III. 484; 15 Peters, 518.]
+
+[Footnote 143: R. Smedley, Underground Railroad, 26.]
+
+[Footnote 144: See _post_, §§ 71-76.]
+
+[Footnote 145: See _post_, § 38.]
+
+[Footnote 146: Appendix B, No. 22; 16 Peters, 957; Report of Case of
+Edward Prigg, Supreme Court of Pennsylvania, 202; Bledsoe, Liberty and
+Slavery, 355; J. F. Clarke, Antislavery Days, 69.]
+
+[Footnote 147: _Post_, §§ 78, 79.]
+
+[Footnote 148: _Post_, §§ 34, 41, 42.]
+
+[Footnote 149: Senate Journal, 30 Cong., 1 Sess., 59; Congressional
+Globe, 51.]
+
+[Footnote 150: Senate Journal, 30 Cong., 1 Sess., 313; Congressional
+Globe, 722.]
+
+[Footnote 151: Senate Journal, 30 Cong. 1 Sess., 313; Congressional
+Globe, 722.]
+
+[Footnote 152: Appendix B, No. 29.]
+
+[Footnote 153: Appendix B, Nos. 25, 27, 28.]
+
+[Footnote 154: Appendix B, No. 26.]
+
+[Footnote 155: Appendix B, No. 30. In this number of the Appendix is a
+summary of the legislative history of the measure, from the introduction
+of Mason's bill, Jan. 4, 1850, to the signature of the act by President
+Fillmore, Sept. 18, 1850, with references to the records of Congress.]
+
+[Footnote 156: Congressional Globe, 31 Cong. 1 Sess., 236.]
+
+[Footnote 157: Senate Journal, 31 Cong. 1 Sess., 118.]
+
+[Footnote 158: Congressional Globe, 31 Cong. 1 Sess., 248; Appendix B,
+No. 68. The test vote in the House stood as follows:--
+
+ States. For. Against. Not Total.
+ voting.
+
+ New England
+ States 7 15 10 32
+
+ Middle
+ States 9 33 21 63
+
+ Interior and
+ Pacific
+ States 16 27 8 51
+ -- -- -- ---
+ Total,
+ Free States 32 75 39 146
+
+ Border
+ Slave States 32 0 6 38
+
+ Planter
+ States 45 0 9 54
+ -- -- -- ---
+ Total,
+ Slave States 77 0 15 92
+
+ --- -- -- ---
+ Total 109 75 54 238]
+
+[Footnote 159: Appendix B, Nos. 83, 84. For general discussions of the
+act, see Von Holst, III. 548-557, IV. 9-12, 20-29; Wilson, Slave Power,
+II. 302-329; Greeley, American Conflict, I. 210-221; Cooley's Story, §
+1921; Lalor's Cyclopædia, II. 315-317; Bryant and Gay, U. S., IV.
+397-401.]
+
+[Footnote 160: For the text of the act, see Appendix B, No. 31.]
+
+[Footnote 161: Congressional Globe, 31 Cong. 1 Sess., Appendix, 1610.]
+
+[Footnote 162: Congressional Globe, 31 Cong. 1 Sess., 1583.]
+
+[Footnote 163: Congressional Globe, 31 Cong. 2 Sess., Appendix, 1051.]
+
+[Footnote 164: Congressional Globe, 31 Cong. 2 Sess., Appendix, 1622.]
+
+[Footnote 165: Congressional Globe, 31 Cong. 1 Sess., 79.]
+
+[Footnote 166: Congressional Globe, 31 Cong. 1 Sess., 78.]
+
+[Footnote 167: Von Holst, III. 493.]
+
+[Footnote 168: Congressional Globe, 31 Cong. 1 Sess., Appendix, 1597.]
+
+
+
+
+CHAPTER III.
+
+_PRINCIPAL CASES FROM 1789 TO 1860._
+
+ § 33. Change in character of cases.
+ § 34. The first case of rescue (1793).
+ § 35. President Washington's demand for a fugitive (1796).
+ § 36. Kidnapping cases.
+ § 37. Jones case (1836).
+ § 38. Solomon Northrup case (about 1830).
+ § 39. Washington case (between 1840 and 1850).
+ § 40. Oberlin case (1841).
+ § 41. Interference and rescues.
+ § 42. Chickasaw rescue (1836).
+ § 43. Philadelphia case (1838).
+ § 44. Latimer case (1842).
+ § 45. Ottoman case (1846).
+ § 46. Interstate relations.
+ § 47. Boston and Isaac cases (1837, 1839).
+ § 48. Ohio and Kentucky cases (1848).
+ § 49. Prosecutions.
+ § 50. Van Zandt, Pearl, and Walker cases (1840, 1844).
+ § 51. Unpopularity of the Fugitive Slave Act of 1850.
+ § 52. Principle of the selection of cases.
+ § 53. Hamlet case (1850).
+ § 54. Sims case (1851).
+ § 55. Burns case (1854).
+ § 56. Garner case (1856).
+ § 57. Shadrach case (1851).
+ § 58. Jerry McHenry case (1851).
+ § 59. Oberlin-Wellington case (1858).
+ § 60. Christiana case (1851).
+ § 61. Miller case (1851).
+ § 62. John Brown in Kansas (1858).
+
+
+=§ 33. Change in character of cases.=--The cases of escape which occur in
+the period beginning with the formation of the Constitution, and ending
+with the passage of the Fugitive Slave Law in 1850, will be found, in
+comparison with those of colonial times, much more frequent, more complex
+in action, and more varied in detail. Instead of many colonies under
+governments independent one of another, there was now one government and
+one country; nevertheless, the extinction of the system of bondage and
+the rise of the antislavery sentiment in the Northern States brought into
+the cases new and difficult elements. No attempt will be made to mention
+the cases in their chronological order, or to describe them all. They
+will be classified into cases of simple escape, of kidnapping, of rescue,
+and of State interference; and typical examples will be described in each
+category.
+
+
+[Sidenote: The First Case of Rescue.]
+
+=§ 34. The first case of rescue.=--The first attempt to enforce the act
+of 1793, of which any record has been discovered, immediately revealed
+its unfairness, and the indisposition of the North to carry it out.
+
+Mr. Josiah Quincy, then a young lawyer, afterwards known as a public man
+and the President of Harvard College, has left an interesting account of
+his connection with the case. "He states that the process was issued by a
+justice of the peace, that he was retained as counsel for the alleged
+slave, that he prepared his brief, and went down loaded with all the
+necessary authorities. He found a great crowd of people assembled; but
+while he was in the midst of the argument, he heard a noise, and, turning
+around, he saw the constables lying sprawling on the floor, and a passage
+opening through the crowd, through which the fugitive was taking his
+departure without stopping to hear the opinion of the court, and that was
+the last of that case, and that was the last of the law of 1793 in
+Massachusetts."[169]
+
+
+=§ 35. President Washington's demand for a fugitive.=--As has been
+noticed in a previous chapter, George Washington's boyhood was connected
+with white slavery. Now, at the zenith of his public life, we find one of
+his chattels the occasion of the first recorded refusal on moral grounds
+to return a slave. In 1796, President Washington wrote to Mr. Whipple,
+Collector of Portsmouth, N. H., to send back to him one of his slaves who
+had escaped to that place, if it could be done without exciting a mob.
+This letter has been preserved, and the following extract gives us an
+insight into President Washington's opinions upon the rendition of
+fugitives:--
+
+ "However well disposed I might be to gradual abolition, or even to an
+ entire emancipation of that description of people, (if the latter was
+ in itself practicable,) at this moment it would neither be politic nor
+ just to reward unfaithfulness with a premature preference, and thereby
+ discontent beforehand the minds of all her fellow serv'ts, who, by
+ their steady attachment, are far more deserving than herself of
+ favor."[170]
+
+ Mr. Whipple answered, that any return would be impossible; public
+ sentiment was too strong against it.
+
+
+[Sidenote: Kidnapping.]
+
+=§ 36. Kidnapping cases.=--The great number of cases of kidnapping
+throughout the period from 1793 to 1850 show what cruel and unjust deeds
+were possible under the existing system, and served as nothing else could
+to rouse people to the defence of negroes. Various were the methods by
+which, in spite of law, kidnappers were enabled to secure their prey.
+Perhaps the most common practice, in places where the courts were known
+to be friendly to slavery, was to arrest a man on some false pretence,
+and then, when he appeared in court without opportunity to secure papers
+or witnesses, to claim him as a fugitive slave. Most of these cases
+occurred in communities bordering upon or near the Southern States. The
+risk and trouble of transporting slaves across free States were so great,
+that up to 1850 we seldom hear of kidnapping cases, and rarely of the
+capture of a genuine fugitive in the New England States.
+
+The natural consequence of such acts of outrageous violence was to rouse
+people to the forcible rescue of the captured negroes. In the earliest
+cases, colored people seem to take the leadership; later on, the whites
+joined, and became most active in the work.
+
+
+=§ 37. Jones case.=--The following instance well exemplifies this form of
+oppression. George Jones, a respectable colored man, was arrested on
+Broadway, New York, in 1836, on the pretext that he had committed assault
+and battery. As he knew that no such charge could be sustained against
+him, he at first refused to go with his captors; but finally he yielded,
+on the assurance of his employer that everything possible should be done
+for him. He was then placed in Bridewell, and his friends were told that
+when they were wanted they "would be sent for"; but, soon after one
+o'clock that same day, he was taken before the Hon. Richard Riker,
+Recorder of New York, and to the satisfaction of that magistrate was
+proved to be a slave. Thus, in less than two hours after his arrest he
+was hurried away as the property of the kidnappers: their word had been
+accepted as sufficient evidence, and he had not been allowed to secure
+the presence of a single friendly witness.[171]
+
+
+=§ 38. Solomon Northup case.=--Sometimes, if they feared to enter their
+case in court, slave hunters could find opportunity, by watching a negro
+for a while, to carry out their plans through some small deception. One
+of the most striking of these cases is that of Solomon Northup, who has
+written an account of his experiences as freeman and as slave. He was
+born in 1808 in New York State. His father had been made a free man by
+the provisions of his master's will. Thus Solomon was brought up under
+the influences of freedom, and knew little of slavery. After his
+marriage, he lived for some years in Saratoga. Here he earned a
+comfortable livelihood. During the day he worked about the hotels, and in
+the evenings he was often engaged to play the violin at parties. One day,
+two men, apparently managers of a travelling circus company, met him and
+offered him good pay if he would go with them as a violinist to
+Washington. He consented. Their behavior seemed to him peculiar, but he
+remained in their service, only to find himself one morning in a slave
+pen in Washington. How he got there remained always a mystery, but it is
+evident that he must have been drugged. Resistance was useless. He was
+carried South and sold to Mr. Epps, a hard master, with whom he remained
+for twelve years.
+
+After he had long given up all hopes of escape, a friend was found in a
+Northern man who was working on the same plantation. Mr. Bass consented,
+though at a great risk to himself, to write some letters, telling
+Solomon's story to his Northern friends. The letters reached their
+destination, and, under the law of 1840 against kidnapping, a memorial
+was prepared to the Governor of New York. He became interested, and
+immediately sent a man South to find Northrup. After a long search, the
+agent was directed to Mr. Epps's plantation. Much to the disappointment
+of the master, who used every means to prevent his return, Solomon was
+identified at last, and went back to New York again a free man. Efforts
+were made to prosecute the kidnappers; but as sufficient evidence could
+not be obtained, no case was made out.[172]
+
+
+=§ 39. Washington case.=--So bold did these stealers of men become, that
+they sometimes resorted to simple force, without the slightest attempt at
+concealment. A case of this kind occurred in Washington, D. C., between
+1840 and 1850. Three or four men seized a negro who was employed in a
+hotel near the Capitol, and dragged him away. Mr. Hall, proprietor of the
+house, after trying in vain to prevent the arrest, succeeded at last in
+compelling them to take the man before a magistrate. The justice declined
+to assume jurisdiction in such a case, and before any other protection
+could be provided, the man was hurried by the kidnappers into a hack, and
+taken across the Potomac into bondage.[173]
+
+
+=§ 40. Oberlin case.=--Occasionally the result was less fortunate for the
+captors. In Oberlin, three slave hunters seized by force a negro man and
+his wife, and carried them to an inn for the night. In the mean time the
+people of the town decided that the negroes must have a trial. They
+therefore employed a lawyer, who discovered that the writ for the capture
+was illegal, and secured a hearing. The captives were placed in jail,
+but, aided by some undivulged agency, they managed to break the grates of
+their prison windows, and escaped to Canada before the day set for
+trial.[174]
+
+
+[Sidenote: Interference and Rescues.]
+
+=§ 41. Interference and rescues.=--After a kidnapping case had occurred
+in a Northern village or town, measures were frequently taken by the
+indignant citizens to prevent the recurrence of such acts. They organized
+vigilance committees, or the antislavery societies took it up as a part
+of their work. In a free community, public sentiment would not allow
+negro towns-people to stand entirely unprotected. Thus many of the cases
+of interference and rescue were the result of some organized movements on
+the part of the white people, though occasionally they came about through
+the unpremeditated action of a mob.
+
+
+=§ 42. Chickasaw rescue.=--The first case which has been found occurred
+in 1836. A writ of habeas corpus was served against Captain Eldridge of
+the brig Chickasaw, for holding two colored women in his ship with the
+intention of carrying them South. As both presented free papers at the
+hearing, the judge ordered them discharged; but the agent of John B.
+Morris of Baltimore, who demanded their return, declared that he would
+soon have sufficient evidence to prove them fugitives. Thereupon the
+colored people rushed in, took the women to a carriage, and carried them
+away to safety.[175]
+
+
+=§ 43. Philadelphia and Kennedy cases.=--A similar but unsuccessful
+attempt was made in Philadelphia in 1838. A slave had been delivered to
+the man claiming to be his master. As the captors were about to take him
+away, a crowd of colored people gathered and attempted to rescue him. It
+was not so simple a matter in a large city as in a country town. A body
+of police soon appeared, protected the slaveholders, and finally arrested
+some of the leaders among the free blacks.[176]
+
+A few years later, in Carlisle, Pennsylvania, three negroes were arrested
+and their identity established as the slaves of Messrs. Kennedy and
+Hollingsworth of Maryland. The colored people of the neighborhood had
+caused a writ of habeas corpus to be issued and a second hearing was
+held. Judge Hepburne decided that the magistrate first employed had no
+right to commit the alleged fugitives, but he himself remanded them. A
+riot ensued, and some thirty-six persons were tried for participating in
+it.[177]
+
+
+=§ 44. Latimer case.=--In the Latimer case, the first of that series of
+famous fugitive slave trials which took place in Boston, was strongly
+developed the feeling against kidnapping, or in fact against the
+rendition of a slave under any circumstances.
+
+In 1842, George Latimer was seized in Boston without a warrant, at the
+request of James B. Grey of Norfolk, Virginia. Latimer's counsel, Samuel
+E. Sewall and Amos B. Merrill, sued out a writ of habeas corpus, but
+after argument Chief Justice Shaw denied it. Mr. Grey asked for time to
+procure evidence against Latimer from Virginia. The judge ruled that the
+request should be granted, and that Latimer should for the time being be
+kept in the custody of the city jailer, Nathaniel Cooledge. A writ of
+personal replevin, under the act of 1837 securing trial by jury,[178] was
+then sworn out, but Justice Shaw decided that, according to the decision
+by the Supreme Court in the Prigg case, the law was illegal.[179]
+
+The proceedings aroused great indignation throughout the city and State.
+Meetings to devise means of aiding Latimer were held in Faneuil Hall and
+Belknap Street church. Stirring speeches were made by Wendell Phillips
+and others, and resolutions condemning the proceedings of the
+authorities, and remonstrating against the return of Latimer, were
+adopted. Bands of ruffians strove to break up the meetings, and succeeded
+in greatly disturbing them. To rouse the people, to give expression to
+public sentiment, and to spread the news from day to day, Dr. H. I.
+Bowditch and Dr. W. F. Channing edited a paper called "The Latimer
+Journal and North Star." This was published for a number of weeks by the
+friends of the fugitive. Petitions were sent to the sheriff to remove the
+jailer, and to the Governor asking the removal of the sheriff if he did
+not accede to their demand. Thereupon Latimer's custodian agreed to give
+him up for a sufficient payment. The sum of four hundred dollars was
+accordingly raised, the proceedings came to an abrupt termination, and
+Latimer was released.
+
+The excitement produced, however, did not die out immediately, and some
+of the results were far-reaching. So intense was the public excitement,
+that, soon after, a petition was prepared and sent to Congress, asking an
+amendment to the Constitution. This was signed by fifty thousand people
+in Massachusetts, and presented in the House by Mr. Adams. Another,
+signed by sixty-five thousand people, was sent to the legislature. The
+effect was the act of 1843, forbidding all officers to aid in the
+recapture of a fugitive slave, or to permit the use of State jails for
+their imprisonment. The petition to Congress was not received. A
+resolution from the Latimer committee, which proposed an amendment to the
+Constitution so as to base representation on "free persons," brought
+about much discussion, and was not received in the House. In the Senate
+it excited even more violent opposition, and the resolutions were laid on
+the table and not printed.[180]
+
+
+=§ 45. Ottoman case.=--Similar indignation was felt in Boston over the
+case of Captain Hannum of the brig Ottoman. He had found a runaway
+concealed on board, but had set sail to return, evidently with the
+intention of taking the man back into captivity. A steamer was sent out
+to rescue the slave, but the Ottoman managed to elude it, and the man was
+lost. At a meeting held September 24, 1846, a committee was appointed for
+the purpose of preventing similar outrages.[181]
+
+
+[Sidenote: Interstate Relations.]
+
+=§ 46. Interstate relations.=--The spirit of opposition to the execution
+of the Fugitive Slave Law made itself felt, not only in popular
+demonstrations and in legislation, but in interstate relations. We have
+already noticed the Prigg case,[182] and its effect in relieving the
+States from any responsibility in the enforcement of the law. Other
+States took advantage of this decision, and of the general principle of
+international law, that one nation or state is not bound to enforce the
+municipal law of another.
+
+
+=§ 47. Boston and Isaac cases (1837-1839).=--In 1837 a runaway was found
+on the ship Boston, then on her homeward voyage from Georgia to Maine.
+After landing, the slave succeeded in getting to Canada. The Governor of
+Georgia charged the captain with slave-stealing, and demanded his return
+as a fugitive from justice. The Governor of Maine would not comply with
+the request, because, as he said, the laws of that State recognized
+slaves not as property, but as persons. The indignant legislature of
+Georgia adopted resolutions calling upon Congress so to amend the laws
+that the Governor of Maine should be compelled to give up slave stealers
+as fugitives from justice. Resolutions were presented in the United
+States Senate, but no action was taken.[183]
+
+The refusal to use State machinery against fugitives extended to the
+process of extradition against persons connected with the rescue of
+slaves. Thus in the Isaac case, in 1839, Virginia asked New York for the
+arrest of three colored men who were accused of abetting a slave's
+escape. The Governor of New York returned answer, that no State could
+demand the surrender of a fugitive from justice for an act which was made
+criminal only by its own legislation.[184]
+
+
+=§ 48. Ohio and Kentucky case.=--Kentucky, in 1848, demanded from the
+Governor of Ohio the extradition of fifteen persons on the charge of
+aiding the escape of a fugitive. Governor Bell refused, on the ground
+that Ohio laws did not recognize property in man.[185]
+
+
+[Sidenote: Prosecutions. Act of 1850.]
+
+=§ 49. Prosecutions.=--The effects of the aid and protection thus given
+fugitives by Northern people or governments awakened among the
+slaveholders a feeling of wrong and indignation. The Fugitive Slave Law
+was clear, and they determined to carry it out to the letter. They began,
+therefore, energetically to prosecute people for aiding and harboring
+escaping slaves. The case just mentioned shows how difficult it was to
+secure prosecutions beyond the State boundaries. When the offence
+occurred within the bounds of a slave State, the judgments were most
+severe, and the heaviest possible fines and longest terms of imprisonment
+were inflicted for simple acts of charity.
+
+
+=§ 50. Van Zandt, Pearl, and Walker cases.=--Mr. Van Zandt, returning
+into the country from Cincinnati one day in 1840, took nine fugitive
+slaves from Kentucky into his farm wagon. He was stopped by three
+persons, and all but two of the slaves were recaptured. Mr. Van Zandt was
+arrested, taken into court, and fined twelve thousand dollars, which
+exhausted his entire property.[186]
+
+A still more severe penalty was that imposed upon Captain Drayton, of the
+schooner Pearl, in 1848. He took on board seventy-five fugitive slaves,
+and sailed up the Potomac. An armed steamer, sent in pursuit, overtook
+them and brought them back. Captain Drayton and another officer of the
+schooner were placed in prison, where they remained for twenty years, and
+at last were relieved only through the efforts of Charles Sumner.[187]
+
+Another instance of the same sort is the case of Mr. Jonathan Walker, in
+1844. With seven fugitives he embarked from Pensacola in an open boat for
+the Bahama Islands, but he received a sun-stroke and was obliged to leave
+the management of the craft in the hands of the negroes. On account of
+the accident, they were overtaken by two sloops, and both fugitives and
+their protector captured. Mr. Walker was twice tried, imprisoned,
+sentenced to stand in the pillory, and branded on the hand with the
+letters S. S., slave stealer.[188] The crime and the punishment have
+alike been glorified in Whittier's verses:--
+
+ "Then lift that manly right hand, bold ploughman of the wave!
+ Its branded hand shall prophesy 'Salvation to the Slave!'
+ Hold up its fire-wrought language that whoso reads may feel
+ His heart swell strong within him, his sinews change to steel."
+ [189]
+
+
+=§ 51. Unpopularity of the Fugitive Slave Act of 1850.=--The passage of
+the new law probably increased the number of antislavery people more than
+anything else which had occurred during the whole agitation. Many of
+those formerly indifferent were roused to active opposition by a sense of
+the injustice of the Fugitive Slave Act as they saw it executed in Boston
+and elsewhere. Hence, in the cases of the period from 1850 to the
+outbreak of the Civil War, we shall find a new element. The antislavery
+party, grown strong, resisted the regulations, and instead of the
+unquestioned return of a fugitive, as in colonial times, or of
+prosecutions carried on under the simple conditions of the act of 1793,
+the struggle became long and complex. In fact during this time hardly an
+important case can be cited in which there was not some opposition to the
+natural course of the law. These exasperating effects were not at first
+apparent to the South, since before the famous rescues began several
+cases of rendition showed the power of the Executive. As the escapes grew
+more and more frequent yearly, increasing all the time in boldness, the
+slaveholders put forth greater efforts to punish the offenders, and
+prosecutions were numerous. But the "new law had no moral foundation,"
+and against such an act public sentiment must sooner or later revolt, no
+matter how severe may be its provisions.[190] As Mr. James Freeman Clarke
+has said, "It was impossible to convince the people that it was right to
+send back to slavery men who were so desirous of freedom as to run such
+risks. All education from boyhood up to manhood had taught us to believe
+that it was the duty of all men to struggle for freedom."[191]
+
+
+=§ 52. Principle of the selection of cases.=--The large number of cases
+occurring between 1850 and 1860 renders it impossible to present a
+detailed account of them all in a brief monograph. The selection,
+therefore, includes only such as are typical of the various phases of the
+agitation.
+
+
+=§ 53. Hamlet case (1850).=--The first recorded action under the
+provisions of the law of 1850 took place on the 26th of September of that
+year, just eight days after the passage of the act. James Hamlet, a free
+negro, who with his family had been living for several years in New York,
+was on that day arrested by a deputy United States Marshal as the
+fugitive slave of Mary Brown of Baltimore. After a hasty examination by
+Commissioner Gardiner, he was surrendered in accordance with the new law.
+These proceedings were not sufficiently well known at the time to excite
+a mob, but when discovered they roused so strong a feeling that the money
+necessary to redeem Hamlet was almost immediately raised, and on the 5th
+of October he was brought back from slavery.[192]
+
+
+[Sidenote: Sims and Burns.]
+
+=§ 54. Sims case (1851).=--Another instance in Boston, often mentioned as
+the first under the law of 1850, but really six months later than the
+Hamlet case, is that of Thomas M. Sims. A common method of seizure was
+followed. Marshal Tukey arrested Sims on a false charge of theft. Mr.
+Potter of Virginia then claimed him as his slave. Court Square was filled
+with people. The Marshal feared a popular outbreak while the matter was
+pending, and, to the indignation of the city, caused the court-house in
+which Sims was confined to be surrounded with chains. As these were but
+four feet from the ground, the judges as they went in and out from the
+sessions were forced, morning and night, to bow beneath them. The
+building was also strongly guarded by a company of armed men, ever
+afterward known as the "Sims Brigade." Robert Rantoul, Jr. and Samuel E.
+Sewall conducted Sims's case. Commissioner Curtis overruled the
+constitutional objections to the Fugitive Slave Law, and to the judicial
+functions of the Commissioners of the United States courts. Then, despite
+all efforts of the antislavery people in his behalf, the certificate
+which sent Sims back to Virginia was made out and signed by Commissioner
+Curtis.[193] The Liberator says of the popular sentiment: "One feeling
+was visible on almost every countenance, commiseration,
+humiliation,--commiseration for the victim, humiliation at the
+degradation of Massachusetts. No man talked, no man thought, of violence.
+Why? Because it is acquiesced in? No! no! Because it is approved? A
+thousand times, no! but because government is pleased to enforce the law,
+and resistance is hopeless."[194] Sims was taken from his cell in the
+early morning, observed only by a few faithful vigilants, and, amid
+platoons of armed men, conducted to the United States ship Acorn, which
+was detailed to carry him back to the South.[195]
+
+The indignation of the antislavery people remained to be expressed, and a
+mass meeting was held on the Common and in Tremont Temple. Wendell
+Phillips and Theodore Parker addressed the assemblage, and Phillips
+noticed the fact that hostile troops had not been seen in the streets of
+Boston since the redcoats marched up from Long Wharf.[196]
+
+
+=§ 55. Burns case (1854).=--The rendition of Anthony Burns in 1854 was
+the last great fugitive slave case which occurred in Boston. Burns was
+the property of Charles F. Suttle of Virginia. He escaped in 1854, and
+came to Boston. One of the first things he did was to write a letter to
+his brother, still a slave in the South. Unfortunately, though this was
+mailed in Canada, by some oversight it was dated in Boston. Since a
+letter to a slave was always opened by the master, Burns's hiding place
+was discovered.[197] He was arrested upon the usual charge of theft.
+Then, upon a warrant issued by Judge Loring, he was claimed as a fugitive
+slave by Suttle.
+
+When the knowledge of the arrest began to circulate, the most intense
+excitement prevailed. Handbills asking all antislavery people to go to
+Boston were sent throughout the country. Public meetings held in Faneuil
+and Meionaon Halls were crowded with representatives from all the towns
+about.[198] One of the people who took part in the attempted rescue which
+followed one of these meetings thus describes it:--
+
+ "On the evening of the 26th of May, we went down to Faneuil Hall to
+ hear Wendell Phillips. He counselled waiting until morning before any
+ attempt to rescue Burns should be made, but the excited audience
+ silenced him with shouts of 'No, no! to-night! to-night!'
+
+ "Mr. Phillips saw that it was useless to try to go on, so he sat down
+ and Mr. Theodore Parker began speaking. At first he advocated the same
+ plan, but at last, as he found the crowd growing more and more eager
+ and uproarious, he said, 'Well, if you will, let us go!' and led the
+ way out of the hall. The people followed, and my friend and I were
+ among the first to reach the court-house. There we found prepared for us
+ long beams and boxes of axes. Five or six men seized one of these
+ beams, and before its pressure the large door of the court-house
+ crushed like glass. Mr. Higginson first stepped in, but just then a
+ pistol shot was heard, and the mob fell back. Mr. Higginson looked
+ around, and entreated them not to desert him, but the favorable moment
+ was gone. The people should have lost no time in filling the house, for
+ the marines had been ordered from the Navy Yard, and when they appeared
+ nothing further could be done."[199] In this riot James Batchelder,
+ one of the Marshal's guards, was killed.
+
+At the trial, though Burns was ably defended by Mr. R. H. Dana and
+others, it was of no avail. His identity was unfortunately established
+from the first. He had recognized and addressed his master, and also a
+Mr. Brant, who had once hired him. The order for his rendition was
+therefore at once given.[200]
+
+Guarded by a large military force he was conducted through the streets,
+filled with an indignant multitude, to the United States cutter Morris,
+which had been ordered by the President to take him back.[201] Many
+buildings on the route were hung with black, and so great was the popular
+excitement, that Rev. J. F. Clarke, an eyewitness of the affair, has
+said: "It was evident that a very trifling incident might have brought on
+a collision, and flooded the streets with blood."
+
+The difficulty of enforcing the act was shown in the precautionary
+measures immediately adopted by the government. The city police, the
+militia, the marines, and some regular troops, were ordered out to the
+task of guarding one poor fugitive. It cost the country one hundred
+thousand dollars to send this single slave back to his master.[202]
+
+Not long after Burns's return, a sum of money, to which Charles Devens,
+United States Marshal at his trial, contributed largely, was raised in
+Boston and the vicinity for his purchase; but it was found impossible to
+effect it.[203]
+
+Mr. Higginson, Wendell Phillips, and Theodore Parker, with others, were
+indicted for riot, but the indictment was quashed by Judge Curtis on
+technical grounds, and they were discharged.[204]
+
+
+[Sidenote: Garner and Shadrach.]
+
+=§ 56. Garner case (1856).=--Of all the cases of rendition, the saddest,
+and next to the Burns case probably the best known at the time, was that
+of Margaret Garner. In accounts of the Underground Railroad we are told
+that winter was the favorite season for flight in the section of the
+country south of the Ohio, since ice then covered the river, and the
+difficulty of crossing by boat did not arise. It was at this season that
+Simeon Garner, his son Robert, and their families, fled from Kentucky and
+crossed the frozen stream to the house of a colored man in Cincinnati.
+They were soon traced thither, and after a desperate hand to hand
+struggle the house was entered. There the pursuers found that Margaret
+Garner, preferring for her children death to slavery, had striven to take
+their lives, and one lay dead. The case was immediately brought into
+court, where, despite the efforts made to save them, rendition was
+decided upon. On the way back, Margaret, in despair, attempted to drown
+herself and her child in the river; but even the deliverance of death was
+denied her, for she was recovered and sold, to be carried yet farther
+south.[205]
+
+
+=§ 57. Shadrach case (1851).=--In the three typical cases just described,
+neither the law's delay, violent interference, nor the desperation of the
+slave, availed to prevent the return of the fugitive to the oppressor.
+Let us turn from this group, and take up those more important cases
+wherein the law was not allowed to complete its course, but rescues were
+accomplished, either by free negroes or antislavery people. First in time
+and importance comes the case of Shadrach, which occurred in Boston in
+February, 1851.
+
+In May, 1850, a slave named Frederic Wilkins had run away from Virginia
+and come to Boston, where he found employment as a waiter in the Cornhill
+Coffee House under the alias of Shadrach. He had been there not quite a
+year, however, when John De Bere, his master in Norfolk, sent some one in
+pursuit of him. A warrant was served and he was arrested while at work.
+United States Commissioner Riley then took him to the court-house, where
+Mr. List, a young lawyer of antislavery sympathies, offered his aid as
+counsel, and Messrs. Charles G. Davis, Samuel E. Sewall, and Ellis Gray
+Loring also came to his assistance. Mr. List obtained some delay in the
+proceedings; but since, by the act of 1843,[206] the use of State jails
+had been denied for fugitives, the officers were obliged to keep the
+prisoner in the court-room until another place of confinement could be
+found. By this time a large number of people had gathered about the
+building, and were trying to force an entrance. For a long time they were
+unable to enter, but at last opportunity was given as Mr. Davis opened
+the door to leave the court-room. In spite of all efforts on the part of
+the officers to close the door, a body of colored people under the lead
+of Lewis Hayden rushed in and seized the prisoner. They carried him
+triumphantly out of the court-room on their shoulders, and soon saw him
+safely started for Canada. Mr. Davis and others were prosecuted for
+aiding in the rescue, but nothing was proved against them. Intense
+excitement prevailed in the city, and finally throughout the country,
+since Congress took up this infringement of the law.[207]
+
+Mr. Clay, February 17, 1851, introduced a resolution which requested the
+President to send to Congress "any information he may possess in regard
+to the alleged recent case of a forcible resistance to the execution of
+the laws of the United States in the city of Boston," and communicate to
+Congress "what means he has adopted to meet the occurrence," and
+"whether, in his opinion, any additional legislation is necessary to meet
+the exigencies of the case."[208] President Pierce then issued a
+proclamation announcing the facts to the country, and calling on all
+people to assist in quelling this and other disturbances. The Senate's
+request was also answered in an Executive message to Congress, which
+announced to them that the President would use all his constitutional
+powers to insure the execution of the laws. Such unusual national
+interference gave the case wide celebrity, and, as Von Holst says, "The
+pretensions and assumptions of the South were encouraged in a very unwise
+way, by the fact that, by such a manner of treating the matter, people
+seemed to recognize that it was entitled to hold the whole North
+responsible for every violation of the compromise, which could properly
+be laid at the door of only a few individuals. The proclamation and the
+message placed the compromise in a far more glaring light than the
+liberation of Shadrach."[209]
+
+
+[Sidenote: Rescues.]
+
+=§ 58. Jerry McHenry rescue (1851).=--Later, a case occurred at Syracuse,
+New York, which was a significant illustration of the successful action
+of a vigilance committee. Jerry McHenry, a respectable colored man who
+had lived for several years in that city, was arrested in October, 1851,
+as a fugitive slave. At the examination, which took place at two o'clock
+in the afternoon, he found opportunity to break away from the officers
+and escape through the crowd, which opened to allow him to pass. He was,
+however, immediately pursued and recaptured. It so happened that an
+Agricultural Fair and a convention of the Liberty Party were going on at
+that time in Syracuse, and the city was unusually full of people. When
+the alarm bell gave notice to the vigilance committee that a negro had
+been seized, Mr. Gerrit Smith, who was attending the meetings, and Rev.
+Samuel J. May, with others, hastened to the scene. The Commissioner,
+after the capture, had again taken up the trial, but such a disturbance
+was made by the crowd which gathered outside that he was forced to
+adjourn. Meanwhile, Mr. Smith with the committee had planned a rescue,
+and at about half-past eight fully two thousand people had assembled, and
+an assault was begun upon the court-house. They broke doors and windows,
+overpowered the officers, and at last bore Jerry away in triumph.
+
+He remained in the home of a friend until he could be sent to Canada.
+Prosecutions were immediately instituted, and eighteen persons indicted
+for taking part in the rescue, but nothing came of the case. On the other
+side, Henry W. Allen, Marshal in the case, was tried for kidnapping. The
+judge declared the Fugitive Slave Act unconstitutional, but a verdict of
+not guilty was rendered.[210]
+
+
+=§ 59. Oberlin-Wellington rescue (1858).=--Sometimes, however, general
+sentiment was so strong that the rescue became, not an action instigated
+and carried through by three or four determined men, but the indignant
+uprising of a whole town. Such was the Oberlin-Wellington case,
+celebrated for the great number of prosecutions and the high character of
+those engaged in it. Two kidnappers from Kentucky induced an Oberlin boy,
+by a bribe of twenty dollars, to entice away a negro named John Rice on
+pretence of giving him work. Having taken him to a lonely spot, he was
+seized and carried about eight miles across country to Wellington, there
+to await the south bound train.
+
+On the way the party was overtaken by an Oberlin College student, who at
+once gave the alarm. A crowd gathered and followed the kidnappers to the
+railway station. There, by placing a ladder upon the balcony they
+succeeded in rescuing John from the upper story of the house in which he
+was confined. For this violation of the law thirty-seven citizens of
+Oberlin and Wellington were indicted. This produced the greatest
+excitement all over the country, and the case grew more and more
+complicated, until the proceedings had lasted several months. Public
+meetings to express sympathy with the prosecuted were held in many
+places. Some of them were imprisoned to await the trial, but no severe
+sentences were imposed.[211]
+
+
+[Sidenote: Castner Hanway. John Brown.]
+
+=§ 60. Christiana case (1851).=--Occasionally the rescue of fugitives was
+not accomplished by a sudden unorganized movement, but by a deliberate
+armed defence on the part of the slaves and their friends. In the
+Christiana case the affair was marked by violence and bloodshed, while
+the fact that the Quakers Castner Hanway and Elijah Lewis were afterward
+prosecuted made it notorious; and the further fact that the charge was
+not, as usual, that of aiding a fugitive, but of treason, gave it still
+greater interest.
+
+In and about Christiana, Pennsylvania, there were many negroes who had
+formerly been slaves, descriptions of whom were frequently furnished to
+kidnappers by a band of men known throughout the country as the "Gap
+Gang." A league for mutual protection had therefore been formed by the
+colored people, and prominent among them for intelligence and boldness
+was William Parker. Soon after the passage of the law of 1850, Edward
+Gorsuch and a party came from Maryland to Christiana for a fugitive
+slave. With United States officers from Philadelphia they went
+immediately to the house of William Parker, where the man they were
+seeking was sheltered. When their demand was refused, they fired two
+shots at the house. This roused the people, and a riot ensued in which
+the fugitive escaped. Mr. Gorsuch was killed, his son desperately
+wounded, and the rest put to flight. Castner Hanway at the beginning of
+the struggle was notified of the kidnappers' presence, and, though feeble
+in health, hastened to the scene. When ordered by Marshal Kline to aid
+him in accordance with the law, he refused; yet, far from leading in the
+affair, he tried in every way to prevent bloodshed and bring about peace.
+
+After it was over, Parker, with two other colored men, knowing that
+arrest must follow, secreted themselves under piles of shavings in an old
+carpenter's shop. At night they sent four wagons in different directions
+as decoys for the detectives, and were carried safely away by a fifth.
+Many negroes hid that night in the corn shocks, and under the floors of
+houses, until escape could be made in safety.[212]
+
+Castner Hanway was arrested, and arraigned before the United States court
+on the charge of treason; but no proof of a conspiracy to make a general
+and public resistance to the law could be found, and he was acquitted.
+Afterward it was desired to try Hanway and Lewis for "riot and murder,"
+but the grand jury ignored the bill, and all prisoners were released.
+With these prosecutions the end of the affair was apparently reached,
+though perhaps its influence may be traced in a succeeding case.
+
+
+=§ 61. Miller case (1851).=--A noted kidnapper from Maryland, in 1851,
+seized a free negro girl living at the house of Mr. Miller, in
+Nottingham, Pennsylvania, and took her to Baltimore. Mr. Miller followed
+them, and succeeded in getting her freed. He then started back, but never
+reached home. Search was made, and his body found upon the way. It was
+thought that the murder was committed in revenge for the part he had
+taken in the Christiana riot.[213]
+
+
+=§ 62. John Brown in Kansas (1858).=--It was during this period also that
+John Brown was endeavoring to put into execution his famous plan for
+freeing the slaves. This is interesting, not only as typical of organized
+efforts to free the slaves on the plantations, but also because of its
+connection with other phases of the slavery question, into which we shall
+not attempt to enter here. His idea was first to gather as large a force
+as possible, then, when his men were properly drilled, to run off the
+slaves in large numbers; to retain the brave and strong in the mountains,
+and to send the weak and timid to the North by the "Underground
+Railroad."[214]
+
+In December, 1858, Brown divided his forces into two divisions, and went
+into Missouri. Here he succeeded in freeing eleven slaves, and, though
+pursued by a far superior number of Missourians, took them safely into
+Kansas. The affair, by its boldness, created great excitement throughout
+the South. The Governor of Missouri offered three thousand dollars
+reward, and the President of the United States two hundred and fifty
+dollars, for Brown's capture; within a very short time he had succeeded
+in conveying himself and his eleven fugitives safely into Canada, and the
+horses which he had appropriated from the slaveholders in order to carry
+his protegés out of Kansas were afterward publicly sold by him in
+Ohio.[215]
+
+
+[Footnote 169: Mr. Quincy also states, that "about a fortnight elapsed,
+when I was called upon by Rufus Green Amory, a lawyer of eminence at the
+Boston bar in that day, who showed me a letter from a Southern
+slaveholder, directing him to prosecute Josiah Quincy for the penalty
+under the law of 1793, for obstructing the agent of the claimant in
+obtaining his slave under the process established by that law. Mr. Amory
+felt, no less than myself, the folly of such a pretence; and I never
+heard from him, or from any one, anything more upon the subject of
+prosecution. This fact, and the universal gratification which the fact
+appeared to give to the public, satisfied my mind, that, unless by
+accident, or stealth, or in some very thin settled part of the country,
+the law of 1793 would be forever inoperative, as the event has proved in
+Massachusetts."--Meeting at Faneuil Hall to protest against the Fugitive
+Slave Law, letter read from Josiah Quincy, Boston Atlas, Oct. 15, 1850;
+Goodell, Slavery and Antislavery, 232; Appendix D, No. 12.]
+
+[Footnote 170: Appendix D, No. 13.]
+
+[Footnote 171: Appendix D, No. 19.]
+
+[Footnote 172: Appendix D, No. 16.]
+
+[Footnote 173: Appendix D, No. 42.]
+
+[Footnote 174: Appendix D, No. 26.]
+
+[Footnote 175: Appendix D, No. 20.]
+
+[Footnote 176: Appendix D, No. 22.]
+
+[Footnote 177: Appendix D, No. 35.]
+
+[Footnote 178: See post, § 81.]
+
+[Footnote 179: _Ante_, § 25.]
+
+[Footnote 180: Appendix D, No. 28; see _post_, § 81.]
+
+[Footnote 181: Appendix D, No. 34.]
+
+[Footnote 182: _Ante_, § 25.]
+
+[Footnote 183: Appendix D, No. 21.]
+
+[Footnote 184: Appendix D, No. 24.]
+
+[Footnote 185: Appendix D, No. 37.]
+
+[Footnote 186: Appendix D, No. 25.]
+
+[Footnote 187: Appendix D, No. 40.]
+
+[Footnote 188: Appendix D, No. 31.]
+
+[Footnote 189: Liberator, Aug. 15, 1845, "The Branded Hand."]
+
+[Footnote 190: Von Holst, IV. 10, 11.]
+
+[Footnote 191: J. F. Clarke, Antislavery Days, 92.]
+
+[Footnote 192: Appendix D, No. 43.]
+
+[Footnote 193: Appendix D, No. 48.]
+
+[Footnote 194: Liberator, April 17, 1851.]
+
+[Footnote 195: Daily Morning Chronicle, April 26, 1851.]
+
+[Footnote 196: Liberator, April 17, 1851.]
+
+[Footnote 197: Appendix D, No. 57.]
+
+[Footnote 198: Boston Journal, May 29, 1854.]
+
+[Footnote 199: Personal statement of Mr. Elbridge Sprague, made to the
+writer. Col. T. W. Higginson suggests a few minor corrections in Mr.
+Sprague's narrative. The first person to step in was an unknown negro:
+the beam used was found in Court Square; none were prepared beforehand;
+there was but one box of axes.]
+
+[Footnote 200: Boston Daily Advertiser, 1854, Worcester Spy, May 31,
+1854, Argument of Mr. R. H. Dana.]
+
+[Footnote 201: Liberator, Aug. 22, 1854.]
+
+[Footnote 202: Von Holst, V. 64.]
+
+[Footnote 203: Appendix D, No. 57.]
+
+[Footnote 204: Commonwealth, June 26, 1854.]
+
+[Footnote 205: Appendix D, No. 58.]
+
+[Footnote 206: See post, § 81.]
+
+[Footnote 207: Appendix D, No. 47.]
+
+[Footnote 208: 31 Cong. 2 Sess., Senate Journal, 187; Congressional
+Globe, 580.]
+
+[Footnote 209: Von Holst, III. 25.]
+
+[Footnote 210: Appendix D, No. 51.]
+
+[Footnote 211: Appendix D, No. 62.]
+
+[Footnote 212: Appendix D, No. 49.]
+
+[Footnote 213: Appendix D, No. 50.]
+
+[Footnote 214: Sanborn, Life and Letters of John Brown, 420; Douglass,
+Life and Times of John Brown, 279, 282.]
+
+[Footnote 215: Von Holst, John Brown, 104.]
+
+
+
+
+CHAPTER IV.
+
+_FUGITIVES AND THEIR FRIENDS._
+
+ § 63. Methods of escape.
+ § 64. Reasons for escape.
+ § 65. Conditions of slave life.
+ § 66. Escapes to the woods.
+ § 67. Escapes to the North.
+ § 68. Use of protection papers.
+ § 69. Fugitives disguised as whites: Craft case.
+ § 70. Underground Railroad.
+ § 71. Rise and growth of the system.
+ § 72. Methods pursued.
+ § 73. Colored agents of the Underground Railroad.
+ § 74. Prosecutions of agents.
+ § 75. Formal organization.
+ § 76. General effect of escapes.
+
+
+=§ 63. Methods of escape.=--The great increase in the number of fugitives
+after 1850 was in part due to the uneasiness felt by Northern people
+under a law which made them co-workers with the South in a system of
+slave hunting, and in part to the greater ease of communication now
+afforded between the two sections. The knowledge that there was in the
+North a body of "abolitionists" eager to aid them from bondage to freedom
+was also spreading more widely each day among the slaves.
+
+Public interest in the subject was more and more aroused, not only by the
+cases of cruelty and injustice which were forcibly brought to the
+attention of Northern communities, but also by the romantic and thrilling
+episodes of the escapes. To understand the attitude of the North toward
+fugitives, it is necessary to examine some of the different methods used
+by the fugitives in their flight. Perhaps a better point of view than
+that of the outside observer will be gained by placing ourselves in the
+position of the slave, and examining his motives for flight, the
+difficulties which he encountered at home, the manner in which he
+overcame them, and, finally, the various paths of escape then open to
+him, and the agencies which befriended him and forwarded him on his way.
+
+
+[Sidenote: Reasons for Escape.]
+
+=§ 64. Reasons for escape.=--First, why did the slave seek to escape?
+However unlike the attending circumstances, we find upon investigation
+that the negro's desire to run away may be traced to one of but three or
+four motives. Among the more intelligent slaves, who could comprehend the
+nature and injustice of their position, it often rose solely from the
+upspringing in their hearts of that love of freedom natural to all men.
+It is probable that in the greater number of cases this was the motive at
+the root of the matter. A fugitive, on being questioned at an Underground
+Railroad station as to his reasons for escape, replied that he had had a
+kind master, plenty to eat and to wear, but that notwithstanding this for
+many years he had been dissatisfied. He was thirsting for freedom.[216]
+Another said that his owner had always been considerate, and even
+indulgent to him. He left for no other reason than simply to gain his
+liberty.[217]
+
+A second reason, and that which perhaps most frequently led them to take
+the decisive step in this often long premeditated act, was the cruel
+treatment received from their masters. An owner upon one of the Southern
+plantations said his slaves usually ran away after they had been whipped,
+or something had occurred to make them angry.[218]
+
+A third and very effective cause was the fear of being sold South, where
+slave life, spent in toil under the merciless masters of the rice swamps
+and cotton fields, was seen on its darkest side. Such was the horror with
+which the slave regarded this change, that the threat of it was
+constantly used by owners as one of the surest means of reducing their
+rebellious slaves to submission. In the Virginia Slave Mother's Farewell
+to her Daughters who have been sold into Southern bondage, Whittier has
+well expressed their feelings.[219]
+
+Many cases of this kind came to light through the examinations at the
+Underground Railroad stations. Three brothers once learned that the next
+day they were to be sent South with a slave trader then in the vicinity.
+Filled with terror at the prospect, they preferred the danger of death in
+the swamps to the certainty of life in the unknown country. That night
+they made their escape, but it was only after weeks of wandering in
+swamps and morasses that they reached a haven.[220]
+
+So long as a black family remained together upon one plantation, their
+love for one another operated as the strongest bond to prevent their
+departure; but when, as constantly happened, the sale and separation of
+the members scattered families far and wide, with no hope of reunion, the
+firmest and often the sole tie which bound them to the South was broken.
+There was no longer anything to hold them back.[221]
+
+
+=§ 65. Conditions of slave life.=--These are some of the motives which
+led the slave to plan an escape. It will now be well to glance at those
+surrounding conditions, incident to the time and country, which made
+successful flight particularly difficult. First, the slave was a negro;
+and in the South, where the presumption was that every black man must be
+a slave, the color of his skin gave not only a means of tracing him, but
+also made him liable at any moment to questioning and arrest.
+
+In both city and country patrols were appointed, whose duty it was to
+keep strict watch over the negroes; and any slave found away from his
+plantation, unless in livery or provided with a pass, could be whipped
+and sent back to his master.[222] It was also lawful for any white man to
+seize and carry a stray slave to the nearest jail.[223] The next morning,
+if not claimed, he was advertised in a manner of which the following is
+an example:--
+
+ "Was taken up and committed to the jail of Halifax Co., on the 26th day
+ of May, a dark colored boy who says his name is Jordan Artis; said boy
+ says he was born free, and bound out to Mr. Beale, near Murfreesboro,
+ Hartford Co., N. C., and is now twenty-one years of age. Owner is
+ requested to come forward, prove property, pay charges, and take said
+ boy away within time prescribed by law, otherwise he will be dealt with
+ as the law directs.
+
+ "O. P. SHELL, _Jailer_.
+
+ "Halifax Co., N. C., June 8, 1855."[224]
+
+If not claimed within one year, such a prisoner could be sold by the
+jailer. Thus Olmsted remarks that "the security of the whites is not so
+much dependent upon patrols, as on the constant, habitual, and
+instinctive surveillance and authority of all white people over the
+blacks."[225]
+
+
+=§ 66. Escapes to the woods.=--If an opportunity for escape should
+present itself, the first question for the slave was, "In what direction
+shall I turn?" Many slaves knew nothing of the Northern people, or had
+heard of Canada only as a cold, barren, uninviting country, where the
+negro must perish. To those who had neither the courage nor the knowledge
+requisite for a long journey, the woods and swamps near by offered the
+only refuge. There they built cabins, or lived in caves, and got food by
+hunting and fishing, and by raids upon the neighboring plantations.
+
+In one of the papers of the day an underground den is noticed, the
+opening of which, though in sight of two or three houses, and near roads
+and fields, where passing was constant, had been so concealed by a pile
+of straw, that for many months it had remained unnoticed. When
+discovered, on opening a trap-door, steps were seen leading down into a
+room about six feet square, comfortably ceiled with boards, and
+containing a fire-place. The den was well stocked with food by the
+occupants, who had been missing about a year.[226]
+
+In most cases slaves were not so bold, and preferred concealment on an
+uninhabited island, or a bit of land surrounded by morasses. We often
+find advertisements of the time, mentioning such places as the probable
+refuge of runaways. The Savannah Georgian of 1839 offers a reward for two
+men who have been out for eighteen months, and are supposed to be
+encamped in a swamp near Pine Grove Plantation.
+
+In the Great Dismal Swamp, which extends from near Norfolk, Virginia,
+into North Carolina, a large colony of these fugitive negroes was
+established, and so long was the custom continued that children were
+born, grew up, and lived their whole lives in its dark recesses. Besides
+their hunting and fishing, they sometimes obtained food and money, in
+return for work, from the poor whites and the negroes who had homes on
+the borders of the swamp. It was this practice of remaining out near home
+which, under easy masters, brought about the habitual runaways,--men who
+were constantly escaping, and after a little time returning, often of
+their own accord.[227] One of his masters said of William Browne,
+afterward a well known speaker upon slavery, that he hesitated some time
+before he invested seven hundred dollars in William, for he was "a noted
+runaway."[228] Again, in a Southern paper advertising a sale of slaves,
+one description is thus given: "Number 47, Daniel, a runaway, but has not
+run away during the last two years, aged 28 years."[229]
+
+
+[Sidenote: Escapes to the North.]
+
+=§ 67. Escapes to the North.=--Of those who, with heroic hearts and firm
+courage, determined to reach even Canada, many had seldom left the
+plantation on which they were born, and were so completely ignorant of
+geography and relative distances, that the best and quickest way
+northward could seldom be chosen. They knew nothing of the facilities for
+communication possessed by their masters through newspapers and
+telegraph, and would often fancy themselves safe when they had travelled
+but a short distance from home. In reality, the white people about were
+often fully informed against them, and arrests were almost sure to
+follow.[230]
+
+The journeys of the fugitives were necessarily long, since unfrequented
+ways were generally chosen, and but part of the day could be used. There
+is a record of a man who had "taken a whole year in coming from Alabama
+to Cincinnati. He had travelled only in the night, hiding in the woods
+during the day. He had nothing to eat but what he could get from the
+fields, sometimes finding a chicken, green corn, or perhaps a small
+pig."[231]
+
+Although the methods pursued were innumerable, and varied from those of
+the man whose only guide was the north star, to those of the party aided
+onward by the most elaborate arrangements of the Underground Railroad,
+the fugitive was obliged to follow one of two great routes, by water or
+by land. From the earliest times the ship had been a favorite refuge.
+Once on board a craft bound to a Northern port, the fugitive was almost
+certain of reaching that destination, and, once arrived, could hope for
+protection from the Northern friends of whom vague rumors had penetrated
+the South. New laws, therefore, bore more and more heavily upon captains
+who should be found guilty of harboring a slave, and many cases were made
+public of cruel treatment experienced by slaves at the hands of captains
+who sent them directly back. Nevertheless, escapes on shipboard still
+occurred frequently through the years of slavery. A method commonly used
+by women in getting on board was to disarm suspicion by appearing to be
+carrying some freshly laundered clothes to the sailors.
+
+
+=§ 68. Use of protection papers.=--Another method called for less
+physical effort on the part of the fugitive, but for greater coolness. It
+was simply to procure from some freeman his protection papers, and to
+show them whenever necessary to disarm suspicion. As the descriptions
+could seldom be made to agree, both giver and receiver were placed in
+situations of the greatest risk. It was thus, however, that Frederick
+Douglass travelled in the most open manner from Baltimore to New York,
+and escaped from a bondage to which he never afterward returned.[232]
+
+
+[Sidenote: Fugitives disguised as Whites.]
+
+=§ 69. Fugitives disguised as whites: Craft case.=--Sometimes the boldest
+plans succeeded best if supported by sufficient firmness and presence of
+mind. Three negroes possessed of a considerable sum of money once
+determined upon a plan, startling in its simplicity and success. They
+hired a good travelling coach and horses. They then bribed a white beggar
+to dress as a Virginian gentleman, while they mounted the coach as his
+driver and footmen; and in this guise they successfully made their way
+into Canada.[233]
+
+Another example of unconcealed flight is found in the often told story of
+the escape of William and Ellen Craft, in 1848. They lived in Macon,
+Georgia, and were generally well treated. But Ellen had been compelled to
+go North with her mistress, and leave her little child at home; during
+this absence, the child died uncared for. From that time she determined
+to escape.[234]
+
+William at last arranged a plan which was successfully carried out. Ellen
+was nearly white. She personated a young Southern planter, while William
+accompanied her as her servant. She carried her right arm in a sling so
+that she might not be expected to write, bandaged her smooth face, and
+put on a pair of green goggles. Thus disguised, she succeeded in buying
+tickets for herself and servant without discovery. In the train she was
+terrified to see a gentleman who had known her from childhood. He even
+sat down by her, and spoke, but to her great relief, he saw in her only a
+young invalid going North for his health. From Savannah they took a
+steamer to Charleston. There they had some difficulty in passing
+inspection, but their most dangerous stopping place was Baltimore, where
+every white man with a slave was required to prove his right of property
+before he could be allowed to go on to Philadelphia. After some
+conversation Ellen told the officer that she knew no one in Baltimore,
+and had no proofs that William was her slave; but that he was necessary
+to her on account of her illness, and she must take him on. The officer
+finally relented, as the train was about to start, and Baltimore was
+safely passed.
+
+At Philadelphia shelter was found among the Quakers, and thence they
+pushed on to Boston. Here they engaged the attention of Theodore Parker,
+and he protected them during their stay. William took up his trade of
+cabinet-making, while Ellen added to their income by sewing. They lived
+thus quietly until the passage of the Fugitive Slave Law in 1850. From
+that time, to remain even in Boston was hazardous. Soon after, there
+appeared one day in William's shop a man who had worked with him in the
+South. He immediately suspected the presence of others, and took refuge
+among friends. For two weeks Ellen was with Mr. Parker, who wrote his
+sermons during her stay with his sword in a drawer under his inkstand,
+and a pistol in his desk.
+
+They were then taken to Mr. Ellis Gray Loring's home. Here William showed
+a most honorable spirit. When he found Mr. Loring was not at home he
+would not remain, saying, "I am subjecting him to a heavy fine and
+imprisonment, and I must go at once to look for some other shelter."
+
+His pursuers, who had come from Georgia, were staying at the United
+States Hotel. The knowledge of their object was soon spread abroad, and
+they dared not go into the streets for fear of a mob. Handbills, calling
+attention to them, were placed everywhere, and cries of "Slave hunters!
+there go the slave hunters!" were heard on all sides. At last, they were
+absolutely compelled to leave the city. William and Ellen no longer felt
+safe, and therefore went to England, where the remainder of their life
+was spent in peace.[235]
+
+
+[Sidenote: The Underground Railroad.]
+
+=§ 70. Underground Railroad.=--From the preceding sketch of the
+conditions of escape, it is plain that no such numbers as are known to
+have fled could possibly have escaped from their masters' power had they
+depended solely upon their own exertions. From the beginning of the
+antislavery agitation, about 1830, and especially near 1850, a mysterious
+organization made it a business to receive, forward, conceal, and protect
+fugitives. To that organization the name of "Underground Railroad" was
+given, and the many methods used by those connected with it can best be
+given under a more elaborate description of the system.
+
+
+=§ 71. Rise and growth of the system.=--The first efforts toward any
+systematic organization for the aid and protection of fugitive slaves are
+found among the Quakers in Pennsylvania. The great number of cases of
+kidnapping which occurred in this State after the passage of the law of
+1793, by their injustice roused people to action in behalf of the free
+blacks; and, their sympathies once enlisted for the colored race, it was
+but a step to the aid of the fugitive negroes.[236] From this time, as
+the number of runaways increased, new agencies were constantly being
+established, until from the slave States to Canada a perfect chain of
+stations was arranged, not more than one day's journey apart.[237] The
+system is said to have extended from Kentucky and Virginia across Ohio,
+and from Maryland, through Pennsylvania and New York, to New England and
+Canada.[238]
+
+As negroes began to disappear, and their masters found themselves unable
+to trace them farther than certain towns in Pennsylvania, they said, in
+bewilderment, "There must be an Underground Railroad somewhere," and this
+expression, suiting the popular fancy, became the general name by which
+the whole system was known.[239]
+
+
+[Sidenote: Operations "Underground."]
+
+=§ 72. Methods pursued.=--Although often varied by circumstances, the
+general method of work was always the same. In the South, money was
+usually the motive, and for its sake the managers of the Railroad could
+usually get some one to aid a slave in escaping and crossing the line. In
+the North it was an unselfish, and sometimes dangerous, work of charity.
+
+Fugitives arrived at the first station, ignorant, half-clothed, and
+hungry. There they were fed, and, in order to elude the advertisements
+sent through the States, disguises were provided. For women, the large
+veiled bonnet and plain attire of the Quakeress proved one of the best
+costumes. The men received a slip of paper, with a word or two which
+would be recognized at the next place, and, unless special caution was
+needed, were sent forward on foot. Women and children were often taken in
+close carriages, sometimes constructed for this special purpose.[240]
+
+Stations, that is, the houses of persons known to be interested, were
+reached between sunset and ten o'clock in the evening. A tap at the door
+would rouse some member of the family, and the fugitive would be taken to
+the barn, or some place of concealment.[241] Often, too, these houses
+were not merely places for a night's tarrying, but homes where the ill
+and fatigued might remain and be cared for until strong enough for the
+onward journey.[242]
+
+To conduct people over this long line, and to baffle all plans of their
+pursuers, required quick wit, as well as great courage and coolness.[243]
+So successful were the conductors in this respect, however, that a
+discouraged slave hunter, after a fruitless search, once said it was "as
+easy to find a needle in a haymow as a negro among Quakers."[244]
+
+When fugitives were concealed, and persons desiring to search the house
+appeared, it was the custom to receive the searchers courteously. One of
+the family immediately engaged them in conversation, and offered them
+refreshments. The hunt was thus delayed as long as possible, so that the
+fugitive might be helped away. In one case, while the slave's master was
+thus entertained upon the front piazza, the mistress of the house quietly
+conveyed the hunted negro out at the back door, and placed him under an
+inverted hogshead standing by. Then, with the most unconcerned manner,
+she allowed the man to search until he was satisfied that there could be
+no fugitive in that house.[245]
+
+
+=§ 73. Colored agents of the Underground Railroad.=--An example of the
+most courageous and successful action may be found in the life of Harriet
+Tubman,[246] who when a young girl made her escape from slavery alone and
+unassisted. After several years of work in the North, she determined to
+go back for her family. This trip was safely accomplished, and followed
+by others, until during her life she had made nineteen journeys, never
+losing a person. The Rev. James Freeman Clarke gives the following
+account of her methods:--
+
+ "She said she first obtained enough money, then went to Maryland, where
+ she privately collected a party of slaves and got them ready to start.
+ She satisfied herself that they had enough courage and firmness to run
+ the risks. For if once a negro entered her party, there was no falling
+ back. Fully determined herself, she would allow no one to return.
+
+ "She next made arrangements so that they should set out Saturday night,
+ as there would be no opportunity on Sunday for advertising them, so
+ that they had that day's start on their way North. Then she had places
+ prepared where she could be sure that they could be protected and taken
+ care of, if she had the money to pay for that protection. When she was
+ at the North, she tried to raise funds until she got a certain amount,
+ and then went South to carry out this plan. She always paid some
+ colored man to follow after the person who put up the posters
+ advertising the runaway, and pull them down as fast as they were put
+ up."[247]
+
+When she feared the party were closely pursued, she would take them for a
+time on a train southward bound, as no one seeing a company of negroes
+going in this direction would for an instant suppose them to be
+fugitives. As their leader out of bondage, her people gave her the name
+of "Moses," and thus she is generally known.
+
+
+=§ 74. Prosecutions of agents.=--Such acts as those daily performed by
+the conductors on the Underground Railroad could not be carried on under
+the existing laws without leading to prosecutions. Large rewards were
+many times offered for Harriet's capture, but she eluded all efforts to
+stop her work. At one time the Maryland legislature offered a reward to
+any person who should secure Thomas Garrett in any public jail in the
+State. He was a Delaware Quaker, who, it is said, helped twenty-nine
+hundred slaves in escaping. The Governor was required to employ the best
+legal skill to prosecute him on the charge of aiding runaways.[248] He
+was afterward tried and fined a sum which consumed his entire property.
+As this was paid, the officer who received it said that he hoped the
+remembrance of this punishment would prevent any further trouble. Mr.
+Garrett, undaunted, replied that they had taken all that he possessed,
+but added, "If thee knows any poor fugitive who wants a breakfast, send
+him to me."[249] In fact, he seemed absolutely fearless. Angry
+slaveholders often called upon him, and demanded their property. He never
+denied knowledge of their slaves, or of having helped them on their way,
+but, in the most quiet manner, positively refused to give information
+concerning them.[250]
+
+
+=§ 75. Formal organization.=--In 1838 the first formal organization of
+the Underground Railroad was made, with Robert Purvis as President. It
+was said that two marketwomen in Baltimore were their best helpers. They
+had come into possession of a number of passports, or "freedoms," which
+were used by slaves for part of the distance, and then were returned to
+serve the same purpose again.[251]
+
+In all transactions connected with this organization the greatest secrecy
+was necessarily observed, seldom more than two or three persons at a
+station being allowed any knowledge of it. In the Liberator of 1843, a
+notice is found cautioning people against exposing in any way the methods
+used by fugitives in escaping, as it only helped the pursuers in the next
+case. The fugitives themselves were usually careful in this respect.
+Frederick Douglass absolutely refused until after the abolition of
+slavery to reveal the method of his escape.[252]
+
+Mrs. G. S. Hillard, of Boston, was in the habit of putting fugitives in
+an upper room of her house. A colored man was placed there, and when Mrs.
+Hillard went up to see him, she found he had carefully pulled down all
+the shades at the windows. She told him that there was no danger of his
+being seen from the street. "Perhaps not, Missis," he replied, "but I do
+not want to spoil the place." He was afraid lest some one might see a
+colored face there, and so excite suspicions injurious to the next
+man.[253]
+
+
+=§ 76. General effect of escapes.=--Although many fugitives were aided
+previous to 1850, it was after the new law went into effect that the
+great efforts of the Abolitionists were centred on this form of
+assistance. Of such importance did it become, that at the beginning of
+the Civil War one of the chief complaints of the Southern States was the
+injury received through the aid given their escaping slaves by the
+North.[254]
+
+It was, however, really the "safety valve to the institution of slavery.
+As soon as leaders arose among the slaves who refused to endure the yoke,
+they would go North. Had they remained, there must have been enacted at
+the South the direful scenes of San Domingo."[255]
+
+
+[Footnote 216: Still, Underground Railroad, 410.]
+
+[Footnote 217: Ibid., 444.]
+
+[Footnote 218: F. L. Olmsted, Journey in the Back Country, 49.]
+
+[Footnote 219:
+
+ "Gone, gone,--sold and gone
+ To the rice swamp dank and lone,--
+ Where the slave-whip ceaseless swings,
+ Where the noisome insect stings,
+ Where the fever demon strews
+ Poison with the falling dews,
+ Where the sickly sunbeams glare
+ Through the hot and misty air,--
+ Gone, gone,--sold and gone
+ To the rice swamp dank and lone
+ From Virginia's hills and waters,--
+ Woe is me, my stolen daughters!
+
+ "There no mother's eye is near them,
+ There no mother's ear can hear them;
+ Never, when the torturing lash
+ Seams their back with many a gash,
+ Shall a mother's kindness bless them,
+ Or a mother's arms caress them....
+
+ "Oh, when weary, sad, and slow
+ From the fields at night they go,
+ Faint with toil, and racked with pain,
+ To their cheerless homes again,--
+ There no brother's voice shall greet them
+ There no father's welcome meet them."]
+
+[Footnote 220: Still, Underground Railroad, 443.]
+
+[Footnote 221: Ibid., 448.]
+
+[Footnote 222: Williams, History of the Negro Race in America, 293.]
+
+[Footnote 223: Still, Underground Railroad, 27.]
+
+[Footnote 224: F. L. Olmsted, The Cotton Kingdom, 157.]
+
+[Footnote 225: F. L. Olmsted, Journey in the Back Country, 444.]
+
+[Footnote 226: W. I. Bowditch, Slavery and the Constitution; Macon (Ga.)
+Telegram, Nov. 27, 1838.]
+
+[Footnote 227: Ball, Mammoth Pictorial Tour of United States, 54; F. L.
+Olmsted, Journey in the Back Country, 155.]
+
+[Footnote 228: W. I. Bowditch, Slavery and the Constitution; Macon (Ga.)
+Telegram, Nov. 27, 1838.]
+
+[Footnote 229: Liberator, April 12, 1839.]
+
+[Footnote 230: Wm. Parker, Freedman's Story, in Atlantic Monthly,
+February and March, 1866; Letter from Gerrit Smith, in Liberator, Dec.
+28, 1838.]
+
+[Footnote 231: J. F. Clarke, Antislavery Days, 93.]
+
+[Footnote 232: Life and Times of Frederick Douglass, 196.]
+
+[Footnote 233: Appendix D, No. 41; Antislavery Almanac, 74.]
+
+[Footnote 234: J. F. Clarke, Antislavery Days, 83.]
+
+[Footnote 235: Appendix D, No. 41.]
+
+[Footnote 236: Smedley, The Underground Railroad, 26.]
+
+[Footnote 237: Lalor's Cyclopædia, I. 5; Williams, History of the Negro
+Race in America, II. 58, 59.]
+
+[Footnote 238: Clarke, Antislavery Days, 81.]
+
+[Footnote 239: Smedley, The Underground Railroad, 35.]
+
+[Footnote 240: Ibid., 64, 138.]
+
+[Footnote 241: Ibid., 568-570.]
+
+[Footnote 242: Ibid., 172.]
+
+[Footnote 243: Ibid., 34.]
+
+[Footnote 244: Ibid., 146.]
+
+[Footnote 245: Smedley, Underground Railroad, 58.]
+
+[Footnote 246: Harriet, the Moses of her People.]
+
+[Footnote 247: Clarke, Antislavery Days, 81.]
+
+[Footnote 248: Liberator, March 2, 1860.]
+
+[Footnote 249: Pamphlet proposing a Defensive League of Freedom, 6.]
+
+[Footnote 250: Smedley, Underground Railroad, 241.]
+
+[Footnote 251: Ibid., 355.]
+
+[Footnote 252: Douglass, My Bondage and Freedom, 323.]
+
+[Footnote 253: J. F. Clarke, Antislavery Days, 83.]
+
+[Footnote 254: Lalor's Cyclopædia, I. 5; Congressional Globe, 36 Cong. 1
+Sess., Appendix, 250.]
+
+[Footnote 255: Williams, History of the Negro Race in America, II. 58,
+59.]
+
+
+
+
+CHAPTER V.
+
+_PERSONAL LIBERTY LAWS._
+
+ § 77. Character of the personal liberty laws.
+ § 78. Acts passed before the Prigg decision (1793-1842).
+ § 79. Acts passed between the Prigg decision and the second
+ Fugitive Slave Law (1842-1850).
+ § 80. Acts occasioned by the law of 1850 (1850-1860).
+ § 81. Massachusetts acts.
+ § 82. Review of the acts by States.
+ § 83. Effect of the personal liberty laws.
+
+
+=§ 77. Character of the personal liberty laws.=--The personal liberty
+laws were statutes passed in the Northern States whose object was to
+defeat in some measure the national Fugitive Slave Law. Often their
+ostensible purpose was to protect the free negroes from kidnappers, and
+to this end they secured for the alleged fugitive the privilege of the
+writ of habeas corpus, and the trial by jury. Sometimes, however, they
+frankly avowed their aim as a deliberate attempt to interfere with the
+execution of the United States statutes. In the following examination of
+these laws, they will be considered first chronologically, and afterward
+more minutely according to their subject matter. In previous chapters we
+have noticed many instances wherein fugitives have been befriended by
+individuals, or by organizations like the Antislavery Societies or the
+Underground Railroad. But the action of the State governments in the
+personal liberty bills, from the time the Fugitive Slave Act of 1793
+began to be executed to the outbreak of the Civil War, showed that the
+dissatisfaction of the North was fundamental, and was not confined merely
+to the few in the van of the Antislavery movement.
+
+
+[Sidenote: Analysis.]
+
+=§ 78. Acts passed before the Prigg decision (1793-1842).=--Although the
+so-called personal liberty laws were not passed until about 1840,
+Indiana[256] and Connecticut[257] had before that time provided that on
+appeal fugitives might have a trial by jury. The Connecticut law, in
+contrast to the hostile spirit of later legislation, was entitled, "An
+Act for the fulfilment of the obligation of this State imposed by the
+Constitution of the United States in regard to persons held to service or
+labor in one State escaping into another, and to secure the right of
+trial by jury in the cases herein mentioned." Notwithstanding this
+preamble, the law provided for fining State officials who might take part
+in fugitive slave cases.
+
+The first definite personal liberty laws were passed by Vermont[258] and
+New York,[259] in 1840, and were entitled Acts "to extend the right of
+trial by jury." They not only insured jury trial, but also provided
+attorneys to defend fugitives. This was the only law of the kind New York
+ever passed, and proved of little value, since it soon fell into disuse,
+and was almost forgotten.
+
+
+=§ 79. Acts passed between the Prigg decision and the second Fugitive
+Slave Law (1842-1850).=--After the Prigg decision in 1842, wherein it was
+declared that the law must be executed through national powers only, and
+that State authorities could not be forced into action,[260] a new class
+of statutes sprang up. The State legislatures seized the opportunity
+afforded them by Judge Story's opinion, to forbid State officers from
+performing the duties required of them by the law of 1793, and prohibited
+the use of State jails in fugitive slave cases. Such laws were passed in
+Massachusetts,[261] Vermont,[262] Pennsylvania,[263] and Rhode
+Island.[264] In 1844, Connecticut repealed her act of 1838, as being then
+unconstitutional, but retained the portion forbidding State officers to
+participate in the execution of the law.
+
+
+=§ 80. Acts occasioned by the law of 1850 (1850-1860).=--The provisions
+of the law of 1850 roused yet more opposition in the North, and before
+1856 many of the States had passed personal liberty bills. The new
+national law avoided the employment of State officers. This change in the
+statute brought about a corresponding alteration in the State
+legislation, and we therefore find the acts of this period differing
+somewhat from those of earlier years. They almost invariably prohibited
+the use of State jails, they often forbade State judges and officers to
+issue writs or to give assistance to the claimant, and punished severely
+the seizure of a free person with the intent to reduce him to slavery.
+
+Should an alleged fugitive be arrested, the personal liberty acts were
+intended to secure him a trial surrounded by the usual legal safeguards.
+The identity of the person claimed was to be proved by two witnesses; or
+they gave him the right to a writ of habeas corpus; or they enjoined upon
+the court to which the writ was returnable a trial by jury. At the trial
+the prisoner must be defended by an attorney, frequently the State or
+county attorney, and a penalty was provided for false testimony. Any
+violation of these clauses by State officers was punished by penalties
+varying from five hundred dollars and six months in jail, as in
+Pennsylvania, to the maximum punishment in Vermont, of two thousand
+dollars' fine and ten years in prison.
+
+Such acts were passed in Vermont,[265] Connecticut,[266] and Rhode
+Island,[267] in Massachusetts,[268] Michigan,[269] and Maine.[270] Later,
+laws were also enacted in Wisconsin,[271] Kansas,[272] Ohio,[273] and
+Pennsylvania.[274] Of the other Northern States, two only, New Jersey and
+California, gave any official sanction to the rendition of fugitives. In
+New Hampshire, New York, Indiana, Illinois, Iowa, and Minnesota, however,
+no full personal liberty laws were passed.[275]
+
+
+=§ 81. Massachusetts acts.=--Let us now examine the purport of these acts
+in the various States. The general tenor and effect are best seen in
+Massachusetts, which may be selected as a typical State. In 1837,
+Massachusetts passed a law "to restore the trial by jury, on questions of
+personal freedom." This secured to the prisoner a writ of personal
+replevin, which was to be issued from and returnable to the Court of
+Common Pleas for the county in which the plaintiff was confined, and was
+to be issued fourteen days at least before the return day. If the
+prisoner were secreted, the court might send out a capias to take the
+body of the defendant. This act allowed an appeal to the Supreme Judicial
+Court.
+
+In 1842, the Latimer case[276] occurred. This so aroused public sentiment
+that a great petition, signed by sixty-five thousand people, was sent to
+the legislature, asking for a new personal liberty law. On the basis of
+the Prigg decision, a law was enacted which forbade State magistrates to
+issue certificates or take cognizance of the law of 1793, and withheld
+the use of State jails for the imprisonment of fugitives.[277]
+
+In 1851, in the Shadrach case,[278] there was opportunity for testing the
+value of this law. The fugitive was not indeed confined in any jail, but
+there was little difficulty in providing a place of detention, and the
+court-house was secured. In this year, acting upon a clause in the
+Governor's message, which treated of the new Fugitive Slave Law of 1850,
+a committee in the legislature made a report, accompanied by resolutions
+and a bill further to protect personal liberty; but no law was passed,
+and there the matter rested until 1855.[279]
+
+After the Sims[280] and Burns[281] cases, in which the court-houses were
+again used in the place of jails, the heat of public indignation led to
+petitions to the legislature asking for a more stringent personal liberty
+law. A joint committee prepared a bill, which was passed, but was vetoed
+by Governor Gardner, who had been advised by the Attorney General that
+some of the clauses were unconstitutional. But so strong was the
+influence in its favor that it was passed over the veto by a two-thirds
+vote.[282] The feeling that it was probably unconstitutional, however,
+must have strengthened in the next three years: for in 1858[283] we find
+another act which amended the act of 1855. This limited some provisions,
+and repealed the following sections: the tenth, which required that any
+person who should give a certificate that a person claimed as a fugitive
+was a slave should forfeit any State office he might hold; the eleventh,
+which forbade any person acting as attorney for a claimant to appear as
+counsel or attorney in the State courts; the twelfth, which made a
+violation of the preceding section sufficient ground for the impeachment
+of any officer of the Commonwealth; the thirteenth, which forbade any
+United States officer empowered to give certificate or issue warrants
+from holding a State office; and the fourteenth, which made liable to
+removal any person holding a State judicial office who should also hold
+the office of Commissioner.
+
+
+[Sidenote: Review of the Acts by States.]
+
+=§ 82. Review of the acts by States.=--Of the other New England States,
+Maine had no personal liberty law until 1855.[284] Two years after,
+however, in 1857,[285] a portion of an act declaring free all slaves
+brought by their masters into that State was devoted to a provision "to
+punish any attempt to exercise authority over them."
+
+In New Hampshire, one of the laws of 1857[286] enacted that every person
+holding any person as a slave for any length of time, under any pretence,
+should be deemed guilty of felony; but provided that this should not
+apply to United States officers executing any legal process.
+
+Vermont, by an act in 1840,[287] extended to fugitives the right of trial
+by jury, but after three years this was repealed,[288] only to be renewed
+in 1850.[289]
+
+Connecticut, as has been noticed, had no personal liberty law. Rhode
+Island first passed such an act in 1848.[290] This forbade State officers
+to take cognizance of fugitive slave cases, and the use of State jails.
+Another statute, in 1854,[291] extended these provisions so as to apply
+to the national law of 1850.
+
+The act of 1840 was the only Personal Liberty Law of New York.[292]
+Pennsylvania, some seven years later, forbade the use of jails, and
+punished State officers for participating in fugitive slave cases.[293]
+It also enacted a regulation of the same character as late as 1860.
+
+Ohio made but one provision on the subject, and that lasted but a year.
+Her jails were closed to suspected slaves in 1857,[294] but in 1858 this
+law was repealed.[295]
+
+Michigan passed such an act in 1855,[296] with the usual clauses on the
+use of jails and jury trial, and imposed a fine on false testimony
+against the defendant.
+
+In 1858 Wisconsin and Kansas also passed similar acts.[297]
+
+
+=§ 83. Effect of the personal liberty laws.=--Since the avowed purpose of
+these laws was to obstruct the execution of one of the United States
+statutes, national and State legislation were thus brought into direct
+conflict; but the Fugitive Slave Law was held constitutional by the
+Supreme Court, and any attempt to prevent its enforcement by positive
+means, however righteous from an ethical standpoint, must be considered
+an infraction of the Constitution, and of the common understanding
+between the States, on which the Union was founded.[298] The provisions
+denying the use of State institutions and officers, though distinctly
+unfriendly, were not unconstitutional. Many of the Abolitionists,
+however, held the national law to be unconstitutional, and at the same
+time morally so repugnant that it ought never to be executed.[299] The
+State laws were brought up by South Carolina, in her declaration of the
+causes of secession, as one of the chief grievances against the North;
+and President Buchanan, in his Message of 1860,[300] said they were "the
+most palpable violations of constitutional duty which had yet been
+committed." They must certainly be classed in principle with the
+Nullification Ordinance of 1832. Indeed, the legislature of Wisconsin,
+after the Supreme Court had overridden the decision of the State courts
+in the case of Ableman v. Booth that the national law was contrary to the
+national Constitution, passed some resolutions in which a "positive
+defiance is urged as the 'rightful remedy'" against such
+legislation.[301]
+
+
+[Footnote 256: Revised Laws of Indiana, 1824, p. 221.]
+
+[Footnote 257: Laws of Connecticut, 1838, p. 32.]
+
+[Footnote 258: Acts and Resolves of Vermont, 1840, p. 13.]
+
+[Footnote 259: Laws of New York, 1840, p. 174.]
+
+[Footnote 260: See _ante_, § 27.]
+
+[Footnote 261: Laws of Massachusetts, 1843, p. 33.]
+
+[Footnote 262: Acts and Resolves of Vermont, 1843, p. 11.]
+
+[Footnote 263: Laws of Pennsylvania, 1847, p. 206.]
+
+[Footnote 264: Acts and Resolves of Rhode Island, 1848, p. 12.]
+
+[Footnote 265: Laws of Vermont, 1850, p. 9.]
+
+[Footnote 266: Public Acts of Connecticut, 1854, p. 80.]
+
+[Footnote 267: Laws of Rhode Island, 1854, p. 22.]
+
+[Footnote 268: Laws of Massachusetts, 1855, p. 924; 1858, p. 151.]
+
+[Footnote 269: Laws of Michigan, 1855, p. 415.]
+
+[Footnote 270: Laws of Maine, 1857, p. 38.]
+
+[Footnote 271: Lalor, III. 162.]
+
+[Footnote 272: Lalor, III. 162.]
+
+[Footnote 273: Laws of Ohio, 1857, p. 170; 1857, p. 10.]
+
+[Footnote 274: Lalor, III. 162.]
+
+[Footnote 275: The following tabulation shows the provisions of the
+personal liberty laws as distributed among the States:--
+
+ _Judges and justices forbidden to take cognizance._
+ Massachusetts, 1843;
+ Vermont, 1843;
+ Connecticut, 1838;
+ Rhode Island, 1854;
+ Maine, 1855;
+ Pennsylvania, 1847.
+
+ _Writ of habeas corpus._
+ Massachusetts, 1855;
+ Michigan, 1855;
+ Maine, 1857;
+ Connecticut, 1838 and 1844.
+
+ _Jury trial._
+ Indiana, 1824;
+ New York, 1840;
+ Vermont, 1840, 1850, and 1858;
+ Connecticut, 1838;
+ Michigan, 1855;
+ Massachusetts, 1855.
+
+ _Use of jails forbidden._
+ Massachusetts, 1843 and 1855;
+ Vermont, 1843 and 1858;
+ Pennsylvania, 1847;
+ Rhode Island, 1848;
+ Maine, 1855;
+ Michigan, 1855;
+ Ohio, 1857.
+
+ _Attorneys employed to defend fugitives._
+ New York, 1840;
+ Vermont, 1840;
+ Massachusetts, 1855;
+ Maine, 1857.
+
+ _False testimony punished._
+ Connecticut, 1838 and 1844;
+ Michigan, 1855.
+
+ _Admission of national officers._
+ Connecticut, 1838 and 1844;
+ Vermont, 1844;
+ Maine, 1855;
+ New Hampshire, 1857.]
+
+[Footnote 276: See _ante_, § 44.]
+
+[Footnote 277: Laws of Massachusetts, 1843, p. 33.]
+
+[Footnote 278: See _ante_, § 57.]
+
+[Footnote 279: Parker, Personal Liberty Laws, 27.]
+
+[Footnote 280: See _ante_, § 54.]
+
+[Footnote 281: See _ante_, § 55.]
+
+[Footnote 282: Parker, Personal Liberty Laws, 27; Laws of Massachusetts,
+1855, p. 924; Appendix D, No. 60, case of William Johnson.]
+
+[Footnote 283: Laws of Massachusetts, 1858, p. 151.]
+
+[Footnote 284: Acts and Resolves of Maine, 1855, p. 207.]
+
+[Footnote 285: Ibid., 1857, p. 38.]
+
+[Footnote 286: Acts and Resolves of New Hampshire, 1857, p. 1876.]
+
+[Footnote 287: Acts and Resolves of Vermont, 1840, p. 13.]
+
+[Footnote 288: Laws of Vermont, 1843, p. 11.]
+
+[Footnote 289: Ibid., 1850, p. 9.]
+
+[Footnote 290: Acts and Resolves of Rhode Island, 1848, p. 12.]
+
+[Footnote 291: Laws of Rhode Island, 1854, p. 22.]
+
+[Footnote 292: Laws of New York, 1840, p. 174.]
+
+[Footnote 293: Laws of Pennsylvania, 1847, p. 206.]
+
+[Footnote 294: Laws of Ohio, 1857, p. 170.]
+
+[Footnote 295: Laws of Ohio, 1858, p. 10.]
+
+[Footnote 296: Laws of Michigan, 1855, p. 415.]
+
+[Footnote 297: Lalor, III. 162.]
+
+[Footnote 298: Hurd, Law of Freedom and Bondage, II. 763; Von Holst, IV.
+551; Parker, Personal Liberty Laws.]
+
+[Footnote 299: Phillips, No Slave Hunting in the Old Bay State;
+Phillips, Argument against repeal of Personal Liberty Law; Pierce,
+Personal Liberty Law, 4; Johnson, Speech on Personal Liberty Law, New
+York, 1861.]
+
+[Footnote 300: 36 Cong. 2 Sess., Congressional Globe, Appendix, 2.]
+
+[Footnote 301: Lalor, III. 162.]
+
+
+
+
+CHAPTER VI.
+
+_THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865)._
+
+ § 85. The Fugitive Slave Law in the crisis of 1860-61.
+ § 86. Propositions to enforce the Fugitive Slave Law.
+ § 87. Propositions to repeal or amend the law.
+ § 88. The question of slaves of rebels.
+ § 89. Slavery attacked in Congress.
+ § 90. Confiscation bills.
+ § 91. Confiscation provisions extended.
+ § 92. Effect of the Emancipation Proclamation (1863).
+ § 93. Fugitives in loyal slave States.
+ § 94. Typical cases.
+ § 95. Question discussed in Congress.
+ § 96. Arrests by civil officers.
+ § 97. Denial of the use of jails in the District of Columbia.
+ § 98. Abolition of slavery in the District of Columbia.
+ § 99. Regulations against kidnapping.
+ § 100. Repeal of the Fugitive Slave Acts.
+ § 101. Early propositions to repeal the acts.
+ § 102. Discussion of the repeal bill in the House.
+ § 103. Repeal bills in the Senate.
+ § 104. The repeal act and the thirteenth amendment.
+ § 105. Educating effect of the controversy.
+
+
+=§ 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.
+
+
+=§ 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]
+
+
+=§ 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.]
+
+=§ 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]
+
+
+=§ 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.]
+
+=§ 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.]
+
+=§ 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.
+
+
+=§ 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.]
+
+=§ 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.
+
+
+=§ 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]
+
+
+=§ 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]
+
+
+=§ 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.]
+
+=§ 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.
+
+
+=§ 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.
+
+
+=§ 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.]
+
+=§ 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.
+
+
+=§ 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.]
+
+=§ 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]
+
+
+=§ 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.]
+
+=§ 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.
+
+
+=§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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 10£"
+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. [§ 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. [§ 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. § 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. [§ 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. [§§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 15.]=
+
+=1787, Sept. 13.= Art. IV. § 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.
+
+"SEC. 3. _And be it also enacted_, That when a person held to labour in
+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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§
+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. [§ 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. [§ 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. [§
+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. [§ 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. [§ 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. [§ 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. [§ 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. [§
+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. [§ 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,
+§ 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. [§§ 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. [§ 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. [§ 86.]=
+
+=1860, Dec. 4.= Paragraph on the return of fugitive slaves: _Senate
+Journal, 36 Cong. 2 Sess., 18._
+
+
+=2. Cochrane's Joint Resolution. [§ 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. [§ 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. [§ 86.]=
+
+=1860, Dec. 12.= Amendment to the Constitution: _House Journal, 36 Cong.
+2 Sess., 65; Cong. Globe, 77._
+
+
+=5. Cox's Resolution. [§ 86.]=
+
+=1860, Dec. 12.= To amend the Fugitive Slave Law: _Senate Journal, 36
+Cong. 2 Sess., 66; Cong. Globe, 77._
+
+
+=6. Stevenson's Resolution. [§ 86.]=
+
+=1860, Dec. 12.= To amend the Fugitive Slave Law: _House Journal, 36
+Cong. 2 Sess., 67; Cong. Globe, 77._
+
+
+=7. Niblack's Resolution. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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.
+[§ 95.]=
+
+=1861, July 9.= Introduced: _House Journal, 37 Cong. 1 Sess., 653; Cong.
+Globe, 32._
+
+
+=30. Trumbull's confiscation Bill. [§ 90.]=
+
+=1861, July 15.= Introduced: _Senate Journal, 37 Cong. 1 Sess., 42;
+Cong. Globe, 120._
+
+
+=**31. Chandler's confiscation Act. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 97.]=
+
+=1861, Dec. 9.= Introduced and referred: _House Journal, 37 Cong. 2
+Sess., 52; Cong. Globe, 35._
+
+
+=40. Morrill's confiscation Joint Resolution. [§ 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. [§ 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. [§
+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. [§ 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. [§§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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 [§
+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. [§ 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. [§ 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. [§ 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.
+[§ 98.]=
+
+=1862, Feb. 24.= Introduced and referred: _Senate Journal, 37 Cong. 2
+Sess., 263; Cong. Globe, 917._
+
+
+=57. Amendments to the confiscation Bill. [§ 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. [§ 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. [§ 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. [§
+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. [§ 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. [§
+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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§§ 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. [§ 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. [§§ 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. [§ 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. [§ 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. [§ 9.]=
+
+=1661.= Virginian white colonists escape: _New York Colonial Manuscripts,
+XIII. 346._
+
+
+=4. Escape to the Indians. [§ 8.]=
+
+The negro servants of the Governor of Virginia: _New York Colonial
+Manuscripts, II. 637._
+
+
+=5. Escape from English to French. [§ 11.]=
+
+=1748.= Negro servant escapes from English to Canada: _New York Colonial
+Manuscripts, X. 209._
+
+
+=6. Crispus Attucks. [§ 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. [§ 12.]=
+
+Slave freed in Glasgow: _Mass. Historical Society Collections, Third
+Series, IX. 2._
+
+
+=8. Shanley v. Haney. [§ 12.]=
+
+=1762.= Slave freed in England: _Quincy, Reports of Cases, 96._
+
+
+=9. Somersett case. [§ 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. [§ 5.]=
+
+=1770.= Harbored a slave: _Moore, Slavery in Mass., 117._
+
+
+=11. John. [§ 17.]=
+
+=1778.= Free negro kidnapped in Pennsylvania: _Am. State Papers, I. 39;
+Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585._
+
+
+=12. Quincy's case. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 37.]=
+
+=1836.= Kidnapping in New Jersey: _Liberator, Aug. 6, 1836._
+
+
+=20. Chickasaw rescue. [§ 42.]=
+
+=1836.= Rescue of two colored women on brig Chickasaw: _Liberator, Aug.
+6, 1836._
+
+
+=21. Schooner Boston case. [§ 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. [§ 43.]=
+
+=1838.= Attempted rescue: _Liberator, March 16, 1838._
+
+
+=23. Escape of Douglass. [§§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 45.]=
+
+=1846.= Unsuccessful attempt to rescue slave on brig: _Wilson, Rise and
+Fall of the Slave Power, II. 54._
+
+
+=35. Kennedy case. [§ 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. [§ 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. [§ 50.]=
+
+=1848.= Prosecution for aiding escapes: _Wilson, Rise and Fall of the
+Slave Power, II. 104._
+
+
+=41. Crafts escape. [§ 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. [§ 39.]=
+
+Between =1840-1850:= _Liberator, May 26, 1848._
+
+
+=43. Hamlet case. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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. [§ 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 Cyclopædia, 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. [§ 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. [§ 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. [§ 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. [§ 91.]=
+
+=1861.= Rendition by army officers: _Liberator, July 19, 1861._
+
+
+=67. Major Sherwood's servant. [§ 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
+Athenæum 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 Grimké
+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.
+
+
+=13. Alphabetical list of works.=
+
+This list includes all the books and articles which have been of service
+in preparing the monograph, except a few of the general histories.
+
+
+=Adams, Charles Francis, Jr.= Richard Henry Dana: a Biography. 2 vols.
+Boston, 1890.
+
+=Allen, H. W.= Trial of U. S. Deputy Marshal for Kidnapping, etc.
+Syracuse, 1852.
+
+=Amherstburg Quarterly Mission Journal=, Amherstburg, Canada West.
+
+=Antislavery Almanacs=, miscellaneous collection of, in the Library of
+Harvard College.
+
+=Antislavery Pamphlets=, miscellaneous collection of, unsuitable for
+binding, in the Library of Harvard College.
+
+=Antislavery Societies=, Annual Reports of.
+
+=Ball, J. P.= Mammoth Pictorial Tour of the United States, compiled for
+a Panorama. Cincinnati, 1855.
+
+=Bayard, James.= A Brief Exposition of the Constitution of the United
+States. Philadelphia, 1845.
+
+=Bearse, Anthony.= Remembrances of Fugitive Slave Law Days in Boston.
+Boston, 1880. pp. 41.
+
+=Birney, J. G.= Examination of the Decision of the Supreme Court of the
+United States in the Case of Strader, Gorman, and Armstrong _vs._
+Christopher Graham, 1850. Cincinnati, 1851. pp. 47.
+
+=Bledsoe, Albert T.= An Essay on Liberty and Slavery. Philadelphia,
+1887. pp. 383.
+
+=Boston Slave Riot and Trial of Anthony Burns.= Boston, 1854.
+
+=Bowditch, H. I.= To the Public. [Defence of his conduct in the case of
+Latimer against the charges of J. B. Gray.] Boston, 1842. pp. 11.
+
+=Bowditch, W. I.= The Rendition of Anthony Burns. Boston, 1854. pp. 40.
+
+=----.= The United States Constitution a Pro-slavery Instrument. New
+York, 1855. pp. 12.
+
+=Bowen, C. W.= Arthur and Lewis Tappan, a Paper read at the Fiftieth
+Anniversary of the New York City Antislavery Society, Oct. 2, 1883. New
+York, 1883. (?) pp. 116.
+
+=Bowen, F.= Fugitive Slaves. In _North American Review_, LXXI. 252.
+(July, 1850.)
+
+=Brown, W. W.= Narrative of a Fugitive Slave. Boston, 1848. pp. 144.
+
+=Bump, O. F.= Notes of Constitutional Decisions, being the Digest of the
+Provincial Interpretations of the Constitution of the United States,
+etc. New York, 1878.
+
+=Canada Mission=, 7th Annual Report of. Rochester, N. Y.
+
+=Case of William R. Chaplin=, etc. Boston, 1851. pp. 54.
+
+=Chambers, William.= American Slavery and Color. London, 1857.
+
+=Chase, S. P.= Reclamation of Fugitive Slaves from Service, an Argument
+for the Defendant, submitted to the Supreme Court of the United States
+at December Term, 1840, in Case of W. Jones _vs._ John Van Zandt.
+Cincinnati, 1847. pp. 108.
+
+=Child, Lydia Maria.= The Duty of Disobedience to the Fugitive Slave Act
+(an Appeal to the Legislators of Mass.). Boston, 1860. pp. 36.
+
+=----.= Isaac T. Hopper (a True Life). Boston, 1853. pp. 120.
+
+=----.= Letters of Lydia Maria Child. Boston, 1883.
+
+=Clarke, James Freeman.= Antislavery Days. New York, 1884.
+
+=Clarke, Lewis and Milton=, Narrative of the Sufferings of, among the
+Slaveholders of Kentucky. Boston, 1848. pp. 144.
+
+=Cobb, T. R.= Historical Sketch of Slavery. Philadelphia, 1836.
+
+=Coffin, L.= (President of Underground Railroad). Reminiscences of a
+Lifetime spent in Behalf of the Slave. Cincinnati, 1876.
+
+=Constitutional Provision, The=, respecting Fugitives from Justice, and
+the Act of Congress, Sept. 18, 1850. Boston, 1852.
+
+=Cooley, Thomas M.= The General Principles of Constitutional Law in the
+United States of America. Boston, 1880. pp. 376.
+
+=Daggs (Ruel)= _vs._ =Elihu Frazier et als.= Fugitive Slave Case,
+Southern Division of Iowa. Burlington, 1850. pp. 40.
+
+=Deane, Charles, and Moore.= Slavery in Massachusetts. Connecticut,
+1877.
+
+=Desty, Robert.= Constitution of the United States, with Notes by Robert
+Desty, etc. San Francisco, 1887.
+
+=Douglass, Frederick.= Narrative of his Life. Written by himself.
+Boston, 1845.
+
+=----.= Life and Times of Frederick Douglass. Hartford, 1881-82.
+
+=Drayton, Daniel.= Personal Memoirs of, for four years and four months
+(a prisoner for charity's sake in Washington Jail), including Narrative
+of Voyage and Capture of Schooner Pearl. New York, 1855.
+
+=Drew, Benjamin.= North Side View of Slavery, or Narrative of a Refugee
+in Canada, with an Account of the History of the Colored Population in
+Upper Canada. Boston, 1856.
+
+=Eliot, W. G.= The Story of Archer Alexander from Slavery to Freedom.
+Boston, 1885.
+
+=Elliott, Chas. W.= The New England History, from the Discovery of the
+Continent by the Northmen, A. D. 986, to the Period when the Colonies
+declared their Independence, A. D. 1776. 2 vols. New York, 1857.
+
+=Friend, By A.= The Experiences of Thomas Jones, who was for forty-three
+years a Slave. Boston, 1850.
+
+=Frothingham, O. B.= Life of Gerrit Smith. A Biography. New York, 1878.
+pp. 381.
+
+=Fugitive Slave Bill= enacted by U. S. Congress, and approved by
+President Fillmore, Sept. 8, 1850. Boston, 1854. pp. 7.
+
+=Fugitive Slaves.= In Democratic Review, XXVIII. 57 (April, 1851).
+
+=Furness, W. H.= The Moving Power. A Discourse delivered in the First
+Congregational Unitarian Church in Philadelphia, Feb. 9, 1851, after the
+occurrence of a Fugitive Slave Case. Philadelphia, 1851.
+
+=Garrison, Wendell Phillips=, and =Garrison, Francis Jackson.= William
+Lloyd Garrison, 1805-1879: the Story of his Life, told by his Children
+[Wendell Phillips Garrison and Francis Jackson Garrison]. 4 vols., 8vo.
+New York, 1885.
+
+=Giddings, J. R.= The Exiles of Florida, or Crimes committed by our
+Government against Maroons who fled from South Carolina, etc. Columbus,
+O., 1858.
+
+=Goodell, William.= Views of American Constitutional Law in its Bearings
+upon American Slavery. 2d ed. Utica, N. Y., 1845.
+
+=Goodloe, D. R.= The Southern Platform, or Manual of Southern Sentiments
+on the Subject of Slavery. Boston, 1858.
+
+=Gray, A. F.= (?) Letter to W. H. Seward touching the Surrender of
+certain Fugitives from Justice. New York, 1841.
+
+=Great Britain.= British Documents, Parliament of Great Britain,
+Correspondence respecting Case of Fugitive Slave Anderson. London, 1861.
+
+=Greeley, Horace.= The American Conflict; a History of the Great
+Rebellion, 1860-65; its moral and political Phases, with the Drift and
+Progress of America respecting Human Slavery from 1776. 2 vols., 8vo.
+Hartford, 1864.
+
+=Green, William= (formerly a slave), Narrative of Events in the Life of.
+Written by himself. Springfield, 1853. pp. 23.
+
+=Hawkins, W. G.= Lunsford Lane, or Another Helper from North Carolina.
+Boston, 1863.
+
+=Helper, H. R.= The Impending Crisis in the South, and How to Meet it.
+New York, 1860. pp. 420.
+
+=Henson, Josiah.= Life of J. Henson, formerly a Slave, now an Inhabitant
+of Canada, as narrated by himself.
+
+=Hildreth, R.= The Slave, or Memoirs of Archy Moore. Boston, 1840.
+
+=Hopper, I. T.= Thomas Cooper. New York, 1837.
+
+=Hossack, John.= Speech of John Hossack, convicted of Violation of the
+Fugitive Slave Law, before Judge Drummond of the United States District
+Court, Chicago, Ill. New York, 1860. pp. 12.
+
+=Howe, S. G.= Refugees from the South in Canada West. Report to
+Freedman's Inquiry Committee. Boston, 1864.
+
+=Hurd, J. C.= The Law of Freedom and Bondage. 2 vols. New York, 1858,
+1862.
+
+=----.= Topics of Jurisprudence connected with the Condition of Freedom
+and Bondage. New York, 1856. pp. ix, 113.
+
+=Hurd, R. C.= Treatise on the Right of Personal Liberty, and on the Writ
+of Habeas Corpus, and Practice connected with it, with a View of the Law
+of Extradition of Fugitives. Albany, 1858.
+
+=Joliffe, John.= In the Matter of George Gordon's Petition for Pardon.
+John Joliffe's Argument for Petitioner. Cincinnati, 1862.
+
+=Kane, Judge.= District Court of the United States for the Eastern
+District of Pennsylvania. United States of America, ex relatione
+Wheeler, _vs._ Williamson. Opinion of Judge Kane, Oct. 12, 1855.
+Philadelphia, 1855. pp. 20.
+
+=Kemble, Frances Anne.= Journal of a Residence on a Georgian Plantation
+in 1836-39. New York, 1863.
+
+=Kent, J.= Commentaries on American Law. 4 vols. Boston, 1884.
+
+=Kidnapping.= _African Observer_, May, 1837.
+
+=Kingsbury, Harmon.= The Fugitive Slave Bill, its History and
+Unconstitutionality: with an Account of the Seizure and Enslavement of
+James Hamlet and his subsequent Restoration to Liberty (with Appendix).
+New York, 1850.
+
+=Larned, E. C.= Argument on the Trial of Joseph Stout, indicted for
+rescuing a Fugitive Slave from a United States Deputy Marshal at Ottawa,
+Ill., Oct. 20, 1859, delivered March 12 and 13, 186-. Chicago, 186-. pp.
+43.
+
+=----.= The new Fugitive Slave Law. Speech of E. C. Larned, Chicago,
+Oct. 25, 1850. Chicago, 1850.
+
+=Latimer Case.= From the _Law Reporter_, March, 1843. Boston, 1843. pp.
+10.
+
+=Letter= to His Excellency, William H. Seward, Governor of the State of
+New York, touching the Surrender of certain Fugitives from Justice. New
+York, 1841. pp. 101.
+
+=Lord, J. C.= The Higher Law in its Application to the Fugitive Slave
+Bill. Buffalo, 1851.
+
+=Madison, James.= The Constitution a Pro-slavery Compact. New York,
+1844.
+
+=Mann, Horace.= Fugitive Slave Law. Boston, 1851.
+
+=Massachusetts Senate.= Various Documents. Senate, 1851, No. 89
+(examination of Sims Case).
+
+=May, S. J.= American Antislavery Society. The Fugitive Slave Law and
+its Victims. New York, 1856, 1861.
+
+=----.= Catalogue of Antislavery Publications in America, 1750-1830.
+
+=Moore, G. H.= Notes on the History of Slavery in Massachusetts. New
+York, 1866.
+
+=Narrative= of Facts in the Case of Passmore Williamson. Philadelphia,
+1855.
+
+=Narrative= of Solomon Northrup, a Citizen of New York, kidnapped in
+Washington in 1844, and rescued in 1853 from a Cotton Plantation near
+Red River, Louisiana. Cincinnati, H. W. Derby.
+
+=Needles, Edward.= Historical Memoir of the Pennsylvania Society for
+Promoting the Abolition of Slavery. Philadelphia, 1848.
+
+=New York Court of Appeals=, Report of the Lemmon Slave Case. New York,
+1861. pp. 446.
+
+=New York Legal Observer=, Supplement to, containing Report of the Case
+In the Matter of George Kirk, a Fugitive Slave, heard before J. W.
+Edmunds, Circuit Judge; also the Argument of John Jay, Counsel for the
+Slave. New York, 1844. pp. 20.
+
+=Oberlin-Wellington Rescue.= New Englander, XVII. 686.
+
+=Olmsted, F. L.= The Cotton Kingdom. 2 vols. New York, 1861.
+
+=Paine, Byron=, and =Smith, A. D.= Unconstitutionality of the Fugitive
+Slave Act. Argument of A. D. Smith. Milwaukee, 1854. pp. 35.
+
+=Paine, L. W.= Six Years in a Georgia Prison. Narrative of L. W. Paine,
+who suffered Imprisonment for aiding Slaves to escape from that State
+after he had fled from Slavery. Boston, 1852.
+
+=Parker, Joel.= Personal Liberty Laws (State of Massachusetts) and
+Slavery in the Territories (Case of Dred Scott). Boston, 1861. pp. 97.
+
+=Parker, Theodore.= Anthony Burns. [Collection made and arranged in the
+form of a scrap-book by Theodore Parker, whose Autograph and Manuscript
+it contains.] Boston Public Library.
+
+=Peabody, Andrew Preston.= [Address before the New England
+Historic-Genealogical Society, May 6, 1891.]
+
+=Peabody, E.= Narratives of Fugitive Slaves. _Christian Examiner_,
+XLVII. 61.
+
+=Phillips, Wendell.= Argument of Wendell Phillips, Esq., against Repeal
+of the Personal Liberty Laws before the Committee of the Legislature,
+Tuesday, January 29, 1861. Boston, 1861.
+
+=----.= No Slave Hunting in the Old Bay State, before Committee on
+Federal Relations, H. R., Thursday, Feb. 17, 1859. Boston, 1859.
+
+=----.= Speech in the House of Representatives of Massachusetts before
+the Committee on Federal Relations [against the recapture of fugitive
+slaves]. Boston, 1859.
+
+=Pickard, Mrs. K. E. R.= The Kidnapped and the Ransomed. Personal
+Reflections of Peter Still and his Wife Vina after Forty Years of
+Slavery. Syracuse, New York, 1856.
+
+=Pierce, E. L.= Remarks of E. L. Pierce before the Committee of the
+Legislature of Massachusetts on the General Statutes relating to
+Personal Liberty, at their Hearing of Feb. 1, 1861. Boston, 1861.
+
+=Pomeroy, J. N.= An Introduction to the Constitutional Laws of the
+United States. Boston, 1868.
+
+=Poole, W. F.= Sketch of Antislavery Opinion before Year 1800. An Essay
+read before the Cincinnati Literary Club, Nov. 16, 1872. Cincinnati,
+1873.
+
+=Randolph, Peter=, an emancipated slave. Sketches of Slave Life. Boston,
+1855. pp. 82.
+
+=Rantoul, Robert.= Speech at Lynn, April 3, 1852, on the Fugitive Slave
+Law. Speech in Congress on June 11, 1852, on the Constitutionality of
+the Fugitive Slave Law.
+
+=Rendition of Fugitive Slaves.= Acts of 1793 and 1850, and Decisions of
+the Supreme Court sustaining them. The Dred Scott Case. 1860. pp. 15.
+
+=Refugees' Home Society=, Report of Committee. Winsor, 1852. pp. 8.
+
+=Report= of the Trial of Castner Hanway for Treason, etc. Philadelphia,
+1852. pp. 275.
+
+=Report= of the Case of Edward Prigg against the Commonwealth of
+Pennsylvania in Superior Court. Philadelphia, 1842.
+
+=Roper, Moses=, Narrative of the Adventures and Escape of, from American
+Slavery. Philadelphia, 1838. pp. 89.
+
+=Sergeant, Thomas.= On Constitutional Law. Philadelphia, 1830.
+
+=Seward, W. H.= John Van Zandt, etc., Argument for Defendant by W. H.
+Seward. Albany, 1847. pp. 40.
+
+=Sherman, H.= Slavery in the United States; from the Establishment of
+the Confederation to the present Time. Hartford, 1860. pp. 60.
+
+=Shipherd, J. R.= History of Oberlin-Wellington Rescue. Boston, 1859.
+
+=Smedley, R. C., M. D.= History of the Underground Railroad in Chester
+and neighboring Counties of Pennsylvania. Lancaster, Pa., 1883. pp. 395.
+
+=Smith, Gerrit.= Argument on the Fugitive Slave Law, June, 1852, on the
+Trial of H. W. Allen for Kidnapping. Syracuse. pp. 32. No date.
+
+=South Bend Fugitive Slave Case, The.= (John Ames _vs._ L. B. Newton.)
+New York. pp. 24.
+
+=Spooner, L.= A Defence for Fugitive Slaves against the Acts of Congress
+of Feb. 12, 1793, and Sept. 18, 1850. Boston, 1850. Pam.
+
+=Stearns, Charles.= Narrative of Henry Box Brown, who escaped from
+Slavery enclosed in a Box three feet long and two wide. Boston, 1849.
+
+=Stearns, Charles.= The "Fugitive Slave Law of the United States."
+
+=Stevens, C. E.= Anthony Burns (a Fugitive Slave). A History. Boston,
+1856.
+
+=Still, W.= The Underground Railroad. Philadelphia, 1872.
+
+=Stroud, G. M.= Sketch of Laws relative to Slavery in the several States
+of the United States of America. Philadelphia, 1827. pp. 128.
+
+=Sumner, Charles.= Fugitive Slaves. _Brownson_, XI. 487 (October, 1854).
+
+=Tappan, Arthur.= The Life of. New York, 1870.
+
+=Thomas, B. F.= A few Suggestions to a Friend upon Personal Liberty Laws
+and Secession (so called), in a Letter to a Friend. Boston, 1861.
+
+=Thompson, George.= Prison Life and Reflections, Narrative of Trial,
+Imprisonment, etc. of Work, Burr, and Thompson for aiding Slaves to
+Liberty. Hartford, 1849.
+
+=----.= The Negroes' Flight from American Slavery to British Freedom.
+1849. pp. 16.
+
+=Watson, Henry.= Narrative of Henry Watson, a Fugitive Slave. Written by
+himself. Boston, 1848. pp. 48.
+
+=Weld, S. D.= American Slavery as it is: Testimony of Thousands of
+Witnesses. New York, 1839.
+
+=Wesley, Rev. J.= The Rev. J. W. Loguen as a Slave and as a Freeman.
+Syracuse, New York, 1859.
+
+=Weston, G. M.= Progress of Slavery in the United States. Washington,
+1857.
+
+=White Slave, The=: Or Memoirs of a Fugitive. Boston, 1852. pp. 408.
+
+=Whittier, John G.= The Writings of John G. Whittier. Boston, 1888-89. 7
+vols. 12mo.
+
+=Wigham, E.= Antislavery Cause in America and its Martyrs. London, 1863.
+
+=Wilcox, A.= The Powers of the Federal Government over Slavery.
+Baltimore, 1862. pp. 23.
+
+=Willey, Rev. Austin.= History of the Antislavery Cause in State and
+Nation. Portland, 1886. pp. xii, 503.
+
+=Williams, George W.= History of the Negro Race in America. 2 vols. New
+York, 1883.
+
+=Wilson, Henry.= History of the Antislavery Measures in the 37th and
+38th United States Congresses. Boston, 1865.
+
+=----.= History of the Rise and Fall of the Slave Power in America. 3
+vols. Boston, 1875-1877.
+
+=Wisconsin Supreme Court.= Unconstitutionality of the Fugitive Slave
+Act. Decision in Case of Booth and Bycraft. Milwaukee, 1855.
+
+
+
+
+INDEX.
+
+
+ Abolition,
+ in the D. C., § 98, C 62, C 65;
+ of the slave trade in the D. C., B 25.
+ See also Antislavery, Emancipation.
+
+ Abolitionists,
+ known to slaves, § 63;
+ efforts on the Underground Railroad, § 76.
+ See also Antislavery.
+
+ Acorn, ship, § 54.
+
+ Act,
+ first fugitive slave, B 9;
+ second fugitive slave, B 31;
+ Grimes, C 51;
+ Blair, C 58;
+ repealing fugitive slave act, C 83.
+ See also Bill.
+
+ Adams, ----,
+ against fugitive slave bill, § 20.
+
+ Adams, J. Q.,
+ in Treaty of Ghent Convention, § 22;
+ presented petitions, § 44.
+
+ Advertisement,
+ of runaways, § 3;
+ colonial, § 5;
+ later, § 65, § 96;
+ of probable place of refuge of an habitual runaway, § 66.
+
+ Albany,
+ escapes from, § 8, A 50.
+
+ Aldrich,
+ amendment, C 58.
+
+ Alexander, Archer, D 69.
+
+ Alien and Sedition Acts,
+ absorb attention, § 19.
+
+ Allen, Henry W.,
+ tried for kidnapping, § 58.
+
+ Amendments to the Constitution, § 104.
+
+ Amsterdam,
+ banishes runaway colonists, A 15.
+
+ Anderson case, § 23, D 65.
+
+ Antislavery men,
+ biographies of, E 4.
+
+ Antislavery reminiscences, E 9.
+
+ Antislavery sentiment,
+ rise of, § 33.
+
+ Antislavery societies,
+ character of work, § 41;
+ reports of, E 10.
+
+ Apprentices,
+ fugitive, A 9, A 39.
+
+ Arbitration,
+ in Creole case, § 24.
+
+ Army officers,
+ arrests by, § 95.
+
+ Arrest,
+ negro liable to, § 65;
+ by army officers, § 95.
+
+ Articles of Confederation,
+ fugitive slave clause in, § 8, § 14, A 8.
+
+ Articles of war,
+ resolution on, C 47;
+ bill for an additional, § 95.
+
+ Artis, Jordan,
+ advertisement of, § 65.
+
+ Ashley,
+ repeal bill, § 101, C 80.
+
+ Athenæum,
+ Boston, E 2.
+
+ Attorneys,
+ to defend fugitives, § 76;
+ forbidden to act, § 81.
+
+ Attucks, Crispus,
+ escape of, § 5, D 6.
+
+
+ Badger,
+ on fugitive slave bill, § 31.
+
+ Bahamas,
+ treatment of fugitives in, § 22, § 24.
+
+ Bass,
+ aids S. Northrup, § 38.
+
+ Batchelder, James,
+ death of, § 55.
+
+ Bath,
+ escape from, 127 D 56.
+
+ Bell, Governor.
+ See Ohio.
+
+ Benton Resolution, B 24.
+
+ Bermudas,
+ treatment of fugitives in, § 24.
+
+ Bill,
+ for a new fugitive slave law,
+ reported, § 17-§ 20, § 21, § 27;
+ 28-29;
+ character of, 1802, § 19;
+ principles of, 1818, § 19-§ 20;
+ for amending, § 20;
+ on Maryland resolutions, § 21;
+ Douglas's, C 17;
+ Lovejoy's, C 35, C 66;
+ Wilson's, C 42, C 48, C 54, C 56;
+ Howe's, C 49;
+ Davis's C 50, C 57;
+ confiscation, C 68, C 72, C 73, C 79;
+ abolition, C 62, C 65;
+ Harris's, C 59, C 67, C 71;
+ Clark's, C 72;
+ Julian's, C 45, C 76;
+ emancipation, C 73, C 75, C 78;
+ repeal, C 80;
+ Stevens's, C 80;
+ Ashley's, C 80;
+ Sumner's, C 80, C 83;
+ Spalding's, C 80;
+ House substitute, C 83.
+ See also Acts.
+
+ Bingham, ----,
+ on Blair bill, § 95;
+ resolutions, § 97, C 39;
+ amendments, C 58, C 67.
+
+ Black Code, in the D. C.,
+ resolution on, C 33;
+ bill to repeal, C 56.
+
+ Blair, ----,
+ bill, § 95;
+ Act, C 58.
+
+ Blake, ----,
+ introduces repeal bill, § 87.
+
+ Boston massacre,
+ Attucks killed in, § 5.
+
+ Boston, schooner,
+ case of, § 47, D 21.
+
+ Boucher, Rev. John,
+ on Washington's education, § 1.
+
+ Bound servants,
+ escape from Virginia, § 9.
+
+ Bourne, ----,
+ appointed on committee, § 17.
+
+ Bowditch, H. I.
+ See Latimer Journal.
+
+ Boyle, ----,
+ Brigadier General in Sherwood case, § 94.
+
+ Bright, ----,
+ Explanatory Bill, B 34.
+
+ Brown,
+ on repeal bill, § 103.
+
+ Brown, John,
+ in Missouri and Kansas, § 62;
+ plan of, § 62;
+ effect of raid, § 102;
+ case, D 63.
+
+ Brown, Mary,
+ demands arrest of Hamlet, § 53.
+
+ Browne, William,
+ story of escapes, § 9.
+
+ Browne, William,
+ a runaway, § 66.
+
+ Buchanan, James,
+ presidential message of, § 86, C 1.
+
+ Burnett, Governor,
+ conference with Indians, demands slave, § 8.
+
+ Burns, Anthony,
+ arrest and trial, § 55, D 57;
+ use of court-house in his case, § 81.
+
+ Butler, ----,
+ proposition on fugitive slave clause, § 15;
+ on fugitive slave bill, § 31;
+ reports fugitive slave bill, B 30.
+
+ Butler, General B. F.,
+ on "contrabands," § 88.
+
+
+ Calhoun,
+ Resolution, § 24, B 20.
+
+ California,
+ sanctions rendition, § 80.
+
+ Calvert,
+ appointed on committee, made chairman, § 17.
+
+ Cape May,
+ escapes to, D 3.
+
+ Carlisle,
+ fugitive slave case in, § 43.
+
+ Cases, legal,
+ change in character of, § 33;
+ classification of, § 33;
+ principle of selection of, § 52.
+
+ Certificate,
+ evidence for conviction, § 8.
+
+ Chandler, Zachary,
+ introduces confiscation bill, § 90;
+ confiscation act, C 31.
+
+ Chase, S. P.,
+ on fugitive slave law, § 32;
+ on payments under law of 1850, B 38;
+ offers amendments, B 30.
+
+ Cherokees.
+ See Treaty.
+
+ Chickasaws.
+ See Treaty.
+
+ Chickasaw case, § 42, D 20.
+
+ Christiana case, § 60, D 49;
+ influence traced, § 60.
+
+ Choctaws.
+ See Treaty.
+
+ Clarence, ----,
+ joint resolution, C 23.
+
+ Clark, ----,
+ reports confiscation bill, § 91;
+ substitute, § 91;
+ resolution, B 34;
+ amendments, C 51; C 78;
+ confiscation bill, C 72.
+
+ Clarke, J. F.,
+ quoted, § 51, § 55, § 67, § 73.
+
+ Clay, Henry,
+ see Gallatin;
+ provision on fugitives, § 29;
+ on Shadrach case, § 57, B 33;
+ amendment, B 30.
+
+ Cochrane,
+ joint resolution, C 2.
+
+ Colfax, Schuyler,
+ resolution, C 77.
+
+ Collamer, ----,
+ amendments, C 53; C 67.
+
+ Colonial regulation,
+ began early, § 2;
+ cases, § 1-§ 12;
+ legislation, Appendix A.
+
+ Colonists,
+ runaway, A 15.
+
+ Colony,
+ of fugitives, § 66.
+
+ Columbia,
+ case in, D 15.
+
+ Comet case, § 24.
+
+ Commissioners,
+ of United Colonies, complain of fugitives, § 11;
+ duty of, § 30.
+
+ Committee,
+ for a new fugitive slave law, § 17;
+ on the fugitive slave law, § 17-§ 21, § 24;
+ on Maryland resolution, § 21;
+ to prevent outrages, § 45;
+ conference, § 91;
+ amendments by, C 31, C 48, C 51;
+ on judiciary, instructed, § 27;
+ report a fugitive slave law, § 27.
+
+ Compromise,
+ resolution affirming, B 35;
+ fugitive slave act, C 25.
+
+ Conferences,
+ between Indians and the Governor of New York, § 8.
+
+ Confiscation,
+ of slaves of rebels, § 89;
+ report on, C 60;
+ bill, § 90, § 91;
+ amendments, § 90;
+ provisions extended, § 90, § 91;
+ presented, § 90, § 91;
+ act approved by President, § 91;
+ Trumbull's, C 30, C 37, C 52;
+ Chandler's, C 31;
+ Davis's, C 50;
+ coupled with emancipation, C 44, C 69, C 73;
+ amendments to, C 57, C 67, C 71;
+ Harris's, C 59, C 63, C 67, C 71;
+ Clark's, C 72;
+ progress of, C 79;
+ Morrill's joint resolution, C 40.
+
+ Congress,
+ action of, from 1847 to 1850, § 27.
+
+ Connecticut,
+ legislation in, § 4;
+ in the New England confederation, § 8;
+ offers reward, § 8;
+ emancipation in, § 14;
+ Personal Liberty Laws in, § 78, § 79, § 82;
+ servants in, A 9;
+ against runaways, A 67, A 78, A 79.
+
+ Constitution,
+ fugitive slave clause in, § 16, B 7;
+ defended slavery, § 16;
+ amendments proposed, C 22.
+
+ Constitutional Convention,
+ fugitive question in, § 15.
+
+ Contrabands,
+ origin of term, § 88.
+
+ Convention,
+ in Treaty of Ghent, § 22.
+ See also Constitutional Convention.
+
+ Conviction of a fugitive,
+ evidence necessary, § 18.
+
+ Cooledge, N.,
+ in Latimer case, § 44.
+
+ Court,
+ Commissioners, how chosen, § 30.
+ See also Conviction, Trials.
+
+ Court-house assaulted, § 58.
+
+ Cowden, Colonel,
+ in Wisdom case, § 94.
+
+ Cox, ----,
+ resolution, C 5;
+ on repeal bill, § 102.
+
+ Crafts, William and Lucy,
+ escape of, § 69, D 41.
+
+ Creek Indians,
+ escapes to, § 8;
+ treaty with, § 22;
+ restoration clause in treaty, B 11.
+
+ Creole, case of, § 24.
+
+ Crittenden,
+ joint resolution, C 13, C 24.
+
+ Curtis, Commissioner, § 54.
+
+ Curtis, Judge,
+ trial of, § 55.
+
+
+ Dagget amendment, § 19, B 14.
+
+ Dana, R. H.,
+ defends Burns, § 55.
+
+ Daniel,
+ offered for sale, § 66.
+
+ Davis,
+ amendment, B 30;
+ bill, C 50;
+ substitute bill, C 57;
+ amendments, C 58.
+
+ Davis, Charles G.,
+ in Shadrach case, § 57.
+
+ Dayton amendment, B 30.
+
+ Debate,
+ on fugitive slave clause in the constitution, § 15;
+ on fugitive slave bill, § 17-§ 19;
+ on the slave trade, § 19;
+ on the fugitive slave act, § 19, § 20;
+ on the admission of Missouri, § 21;
+ on slavery in the D. C., § 28;
+ on the fugitive slave law of 1850, § 31, § 32.
+
+ De Bere, John,
+ in Shadrach case, § 57.
+
+ Delaware,
+ regulation of servants and slaves, A 70.
+
+ Delawares,
+ fugitive slave clause in treaty, B 1.
+
+ Diggs, S. T. P.,
+ in Anderson case, § 23.
+
+ Dismal Swamp,
+ refuge for fugitive, § 66.
+
+ District of Columbia,
+ slavery in, § 28;
+ repeal of jail laws in, § 97, § 98;
+ Grimes's bill, § 97, § 98;
+ debate on abolition of slavery in, § 98;
+ resolution on repeal of the Black Code in, C 33;
+ bill for emancipation in, C 42;
+ act on criminal justice in, C 51;
+ bill, C 54;
+ bill to repeal Black Code in, C 56;
+ bill for the abolition of slavery in, C 62, C 65.
+
+ Drayton, ----, Captain,
+ aids fugitives, § 50.
+
+ Drayton and Sayres,
+ case of, § 50, D 40.
+
+ Douglass, Frederick,
+ method of escape, § 68, § 75, D 23.
+
+ Douglas, Stephen A.,
+ joint resolution, C 14.
+
+ Dutch Colonies,
+ along the coast, § 1;
+ regulations on fugitives, § 2, § 4;
+ legislation in, § 6.
+ See also New Amsterdam, New Netherlands.
+
+
+ East Jersey,
+ against fugitives, § 2, A 41;
+ against runaways, A 45.
+
+ Eldridge, Captain, of brig Chickasaw, § 42.
+
+ Eliot, ----,
+ introduces confiscation bill, § 91;
+ bill, C 69;
+ substitute bill, C 78.
+
+ Elton, Governor,
+ action in fugitive slave case, § 11.
+
+ Emancipation,
+ in Great Britain, § 24;
+ resolutions on, § 91;
+ in the District of Columbia, C 42;
+ bill, C 75;
+ coupled with confiscation, C 44, C 69, C 73;
+ of fugitives from disloyal masters, bill for, C 78.
+
+ Emancipation proclamation,
+ effect of, as a war measure, § 92.
+
+ Encomium, case of, § 24.
+
+ England.
+ See Great Britain.
+
+ English, ----,
+ joint resolution, C 8.
+
+ English colonies, § 1.
+ See Colonies.
+
+ Enterprise, case of, § 24.
+
+ Escape,
+ by ferries, § 4;
+ methods of investigation of, § 63;
+ methods of, § 63;
+ motives for, § 64;
+ to the woods, § 66;
+ to the North, § 67;
+ by laundry work, § 67;
+ by coach, § 69;
+ by passports, § 75;
+ general effect of, § 76;
+ from English to French, D 5.
+ See also Fugitives, Runaways.
+
+ Extradition,
+ no system of, in the colonies, § 9.
+
+
+ False testimony,
+ punished, § 82.
+
+ Faneuil Hall,
+ mass meetings in, § 44, § 55.
+
+ Fee,
+ of commissioners, § 30.
+
+ Felons,
+ runaway apprentices, A 4.
+
+ Felony,
+ when guilty of, § 82.
+
+ Ferries,
+ escapes by, § 4.
+
+ Fessenden, ----,
+ requests investigation of the District
+ of Columbia jail, § 97, C 38.
+
+ Fitch, ----,
+ resolutions affirming the Compromise, B 35.
+
+ Florence, ----,
+ joint resolutions, C 15, C 18.
+
+ Florida,
+ escapes to, § 8;
+ Seminole trouble in, § 23.
+
+ Fortress Monroe,
+ contrabands at, § 88.
+
+ Free negroes,
+ penalty for harboring fugitives, § 4;
+ condition of, § 25.
+
+ Free States,
+ difficulty of transporting slaves across, § 36.
+
+ French colonies,
+ interval of unpopulated
+ country south, § 1;
+ refuse to return fugitives, § 11.
+
+ Friendship, ship, case of, § 5, D 10.
+
+ Frontiers,
+ places of refuge, § 23.
+
+ Fugitive apprentices,
+ act applies to, § 18.
+ See also servants.
+
+ Fugitives,
+ evidence to convict, § 19;
+ status on the high seas, § 24;
+ penalty for harboring, § 30, A 80;
+ pursuit interfered with, 41;
+ length of journeys, § 67;
+ disguised as whites, § 69;
+ how conducted on the underground railroad, § 72;
+ in loyal slave states, § 93;
+ typical cases of, during the war, § 94;
+ arrests of, by civil officers, advertisement of, § 96;
+ entertainment of, A 6;
+ against, A 11, A 12;
+ resolution for the discharge of, C 32;
+ bill to prevent return of, C 35;
+ resolution against the return of, C 43, C 46;
+ bill on the arrest of, by army and navy officers, C 48;
+ act to prohibit return by the army, C 58;
+ resolution on the return of, by the army and navy,
+ bill on the return of, by the army,
+ resolution demanding trial by jury for, C 61, C 66, C 77;
+ bill for the emancipation of fugitives from disloyal
+ masters, C 78.
+ See also Runaways, Escapes;
+ see Table of Contents.
+
+ Fugitive Slaves,
+ appeal for, § 19;
+ status of question from 1823 to 1847, § 20, § 23;
+ resolutions on, § 95;
+ question discussed, § 95;
+ arrest by army officers, § 95;
+ resolutions on the return of,
+ resolution on army orders on, C 28, C 36;
+ resolution on, C 74;
+ sources of information on,
+ general histories of, E 1, E 3;
+ secondary sources of information on,
+ original sources of information on,
+ autobiographies of,
+ records of trials of,
+ periodicals and newspapers upon, E 3, E 5, E 6, E 7, E 11;
+ materials for study of legislation upon, E 12.
+ See also Escapes, Fugitives, Runaways,
+ and Table of Contents.
+
+ Fugitive Slave Act, first (1793), § 16, § 17;
+ first called for, § 17;
+ necessity of the act, § 17;
+ passed the Senate, passed the House, § 17;
+ signed by the President, § 17;
+ text, B 9;
+ followed earlier examples, § 17, § 18;
+ status of opinion on, § 17;
+ remained inoperative, § 16, § 17;
+ to enforce the, B 29.
+
+ Fugitive Slave Act, second (1850),
+ attempts to secure, § 20, § 21;
+ secured, § 29;
+ introduced by Mason, § 29, B 30;
+ Webster proposes, B 30;
+ substitute offered, B 30;
+ passed Congress, § 29;
+ necessity of, urged, § 31;
+ arguments for, § 31;
+ arguments against, § 32;
+ provisions of, § 30;
+ text of, B 31;
+ unpopularity of, § 51;
+ no moral foundation, § 51;
+ declared unconstitutional, § 85;
+ non-execution of, § 85;
+ resolution to amend, C 45.
+
+ Fugitive Slave Acts repealed (1864),
+ repeal urged, § 85;
+ status of, § 100;
+ early propositions, § 101;
+ discussion, § 101;
+ repeal bill, § 101;
+ passed, § 103;
+ repeal bill discussed, § 103;
+ bill to amend, C 25;
+ repeal bills, C 49, C 76, C 80, C 82;
+ repeal bill passes, § 103;
+ text of, § 104, C 83.
+
+ Fugitive Slave Bill of 1818,
+ passed the House, § 19, § 20;
+ title of, § 20;
+ failure in the Senate, § 21.
+
+ Fugitive Slave Cases.
+ See Table of Contents.
+
+ Fugitive Slave Clause,
+ in the New England Articles of Confederation, § 8;
+ in the Constitution, § 15-§ 16;
+ in the Treaty of Ghent, § 22, B 12.
+
+ Fugitive Slave Controversy,
+ educating effect of,
+ recapitulation of, § 105.
+
+ Fugitive Slave Legislation,
+ opposed by Northern States, § 25;
+ inadequacy of, proved, § 26;
+ necessity of more stringent, § 26;
+ proposition for new, § 27;
+ must be carried out, § 49;
+ new element in, § 79;
+ in 1860, § 85;
+ resistance to, declared felony, § 86;
+ propositions to repeal or amend, § 87;
+ after emancipation proclamation, § 92.
+
+
+ Gallatin, Albert,
+ in Treaty of Ghent, § 22.
+
+ Gannett,
+ case of, D 44.
+
+ Gansey, Isaac,
+ case of, D 24.
+
+ "Gap Gang,"
+ aid kidnappers, § 60.
+
+ Gardiner, ----,
+ commissioner in Hamlet case, § 53.
+
+ Garner, Margaret,
+ flight and seizure, § 56.
+
+ Garner, Robert,
+ flight and seizure, § 56.
+
+ Garner, Simeon,
+ flight and seizure, § 56;
+ case D 58.
+
+ Garrett, Thomas,
+ trial and fine, reward offered for, § 74.
+
+ Gatchell case, D 61.
+
+ Georgia,
+ difficulty in recovery of fugitives in, § 8;
+ Governor of, demands fugitives from justice, § 47.
+
+ Gibson case, D 45.
+
+ Giddings
+ resolution, § 28, B 23, B 25, B 27, B 28.
+
+ Glasgow,
+ freedom case in, § 12, D 7.
+
+ Glocester,
+ given jurisdiction over runaways, A 24.
+
+ Glover case, D 55.
+
+ Goin case, D 29.
+
+ Gorsuch, Edward,
+ claims a fugitive, § 60.
+
+ Grahame, Thomas,
+ in freedom case, § 12.
+
+ Grayson, ----,
+ on fugitive slave clause, § 15.
+
+ Great Britain,
+ status of fugitives in, § 12;
+ diplomatic relations, § 12;
+ encouragement of fugitives, § 22, § 23;
+ pays indemnity, § 24.
+ See also England.
+
+ Great Dismal Swamp,
+ refuge for runaways, § 66.
+
+ Grey, James B.,
+ demands a fugitive, § 44.
+
+ Grimes,
+ criminal justice bill, § 97;
+ act, C 51;
+ amendments, C 64, C 74.
+
+
+ Hale, ----,
+ resolution, § 95, C 41;
+ amendment, C 82.
+
+ Hall, ----,
+ resolution, § 28, B 26.
+
+ Hamlet, James, case, § 53, D 43.
+
+ Hannum, Captain,
+ in Ottoman case, § 45.
+
+ Hanway, Castner,
+ in Christiana case, § 60.
+
+ Harlan, ----,
+ amendment, C 51.
+
+ Harris, ----,
+ introduces confiscation bill, § 91;
+ confiscation bill, C 59, C 67, C 71;
+ amendment, C 64.
+
+ Hartford,
+ fugitive harbored in, § 11;
+ treaty of, ratified, A 14;
+ controversy with New Netherlands, D 1.
+
+ Harvard College,
+ Library of, E 2.
+
+ Henderson amendment, C 82.
+
+ Hepburne, Judge,
+ in Kennedy case, § 43.
+
+ Higginson, T. W.,
+ in Burns case, § 55.
+
+ Hilliard, Mrs. G. S.,
+ harbors a fugitive, § 75.
+
+ Hillyer, ----,
+ finality resolution, B 37.
+
+ Hindman, ----,
+ proposition, § 86;
+ joint resolution, C 10.
+
+ Holmes, ----,
+ on the fugitive slave bill, § 20.
+
+ Howard, ----,
+ amendment, C 82.
+
+ Howe, ----,
+ repeal bill, 83, C 49.
+
+ Hubbard, ----,
+ on repeal bill, § 102;
+ resolution, C 83.
+
+
+ Illinois,
+ no full personal liberty law in, § 80.
+
+ Immigration,
+ into Missouri, § 21.
+
+ Impeachment,
+ ground for, § 81.
+
+ Imprisonment of a runaway, § 65.
+
+ Indented Servants.
+ See Servants.
+
+ Indiana,
+ personal liberty law in (1824), § 78, § 80.
+
+ Indians,
+ received fugitives in the wilderness, § 1;
+ as slaves, § 1;
+ as slave hunters, § 8;
+ conferences with, § 8;
+ escapes to, § 9.
+ See Chickasaws, Choctaws, Creeks, Delawares,
+ Seminoles.
+
+ Intercolonial cases,
+ early agreements as to fugitives, § 1, § 2;
+ agreement between the Dutch and English, § 8;
+ difficulty of arranging regulations, § 8;
+ first contained in Articles of Confederation, § 8;
+ dependent upon intercolonial feeling, § 9;
+ case of escape of slaves, § 11.
+
+ Interferences and rescues, § 41.
+
+ International cases,
+ earliest, § 11;
+ relations unsettled, § 10;
+ regulations under the Articles of Confederation, § 13.
+
+ Interstate relations,
+ affected by Prigg decision, § 46.
+
+ Iowa,
+ personal liberty laws in, § 80.
+
+ Iredell,
+ on fugitive slave clause, § 15.
+
+ Isaac,
+ case of, § 47, D 24.
+
+
+ Jackson, ----,
+ resolution, B 36.
+
+ Jager, Cornelis Herperts de,
+ escape of servants of, § 7.
+
+ Jail, in the District of Columbia,
+ resolution on, § 97;
+ denied to fugitives, § 97, B 27, B 28.
+ See District of Columbia.
+
+ Jails, State,
+ not to be used, § 44;
+ denied to fugitives, § 57;
+ denial constitutional, § 83;
+ use forbidden, § 82.
+ See also Personal Liberty Bill.
+
+ Jefferson, Thomas,
+ proposition, § 14.
+
+ John case, § 17, D 11.
+
+ Johnson,
+ joint resolution, C 12, C 27;
+ amendment, C 83.
+
+ Johnson Case, D 60.
+
+ Johnston,
+ on committee, § 17.
+
+ Jones, George, case, § 37, D 19.
+
+ Julian, George W.,
+ repeal bills, § 101, C 76, C 80;
+ resolution, C 45.
+
+ Jury trial,
+ not admitted, § 8;
+ disuse of, § 78.
+
+
+ Kansas,
+ personal liberty laws in, § 80, § 82.
+
+ Kellogg, ----,
+ joint resolution, C 19, C 20, C 21.
+
+ Kennedy case, § 43, D 35.
+
+ Kentucky,
+ resolutions, § 23;
+ petition of Legislature, § 27;
+ demands extradition of abettors of fugitives, § 48;
+ controversy with Ohio, D 37.
+
+ Kidnapping,
+ suggests new fugitive slave law, § 17;
+ from 1793 to 1850, § 25;
+ in border States, § 25;
+ character of cases, § 36;
+ enlists sympathy, § 71;
+ regulations against, § 99.
+
+ Kilgore,
+ resolution, § 87, C 11.
+
+ King, ----,
+ on repeal bill, § 102.
+
+ Kirk case, D 33.
+
+ Kline, Marshal,
+ demands assistance, § 60.
+
+
+ L'Amistad case, § 24.
+
+ Latimer, George,
+ case of, § 44, D 28;
+ effect, § 81;
+ daily journal, § 44.
+
+ Leake, ----,
+ joint resolution, C 9.
+
+ Le Screux,
+ slave on, C 9.
+
+ Lewis case, D 54.
+
+ Lewis, Elijah,
+ prosecution of, § 60, D 49.
+
+ Liberator,
+ kidnapping case in, § 99.
+ See Newspapers.
+
+ Liberty,
+ love of, by slaves, § 64.
+
+ Liberty Party,
+ convention of, § 58.
+
+ Libraries,
+ use of, E 2.
+
+ Lincoln, President,
+ preliminary proclamation, § 92;
+ final emancipation proclamation, § 92.
+
+ List,
+ counsel in Shadrach case, § 57.
+
+ Loring, Ellis Gray,
+ in Shadrach case, § 57;
+ Crafts taken to house of, § 69.
+
+ Louisiana,
+ escape of slaves from, § 21.
+
+ Lovejoy,
+ bills, § 95, C 35, C 66;
+ resolutions, C 29, C 44;
+ amendment, C 38.
+
+
+ Madison,
+ on fugitive slave clause, § 15.
+
+ Maine, Governor of,
+ refuses to surrender fugitives from justice, § 47;
+ personal liberty law in, § 82.
+
+ Malbronne, Ensign de,
+ loses servant, § 11.
+
+ Mallory, ----,
+ on Blair bill, § 95;
+ on repeal, § 102.
+
+ Manhattan,
+ escape to, § 7, D 2.
+
+ Mansfield, Lord.
+ See Somersett case.
+
+ Market women,
+ on Underground Railroad, § 75.
+
+ Maryland,
+ regulations on fugitives, § 2, § 3;
+ offers reward, § 8;
+ letter from, to New Netherlands, § 11;
+ fugitives escape from, § 11;
+ resolution, § 21;
+ resolutions debated, § 21, B 18;
+ offers reward for Thomas Garrett, § 74;
+ regulations against runaways, A 4, A 11, A 12, A 26, A 28,
+ A 31, A 38, A 40.
+
+ Mason,
+ of Massachusetts, on the fugitive slave bill, § 20.
+
+ Mason, of Virginia,
+ fugitive slave bill, § 29, B 30;
+ amendment, § 29;
+ argument, § 31.
+
+ Massachusetts Bay,
+ regulation against transportation of apprentices and
+ servants, A 63;
+ on the capture of servants in, A 2;
+ regulation of free negroes, A 53.
+
+ Massachusetts Colony,
+ first law as to fugitives, § 4;
+ in the New England Confederation, § 8;
+ emancipation in, § 14;
+ first fugitive slave case in, § 34.
+
+ Massachusetts State,
+ Governor of, advised, § 81;
+ personal liberty law, § 79, § 80, § 81;
+ no recovery of fugitives in, § 85.
+
+ May, S. J.,
+ in "Jerry" case, § 58.
+
+ McClernand, ----, C 9.
+
+ McHenry, "Jerry," case, § 58, D 51.
+
+ McLanahan, ----,
+ resolution, B 32.
+
+ Meade, ----,
+ proposition, § 27;
+ resolution, B 29.
+
+ Meionaon,
+ mass meetings in, § 55.
+
+ Merrill, Amos B.,
+ in Latimer case, § 44.
+
+ Mexico,
+ as a place of refuge, § 23.
+
+ Michigan,
+ personal liberty laws in, § 80, § 82.
+
+ Miller,
+ in kidnapping case, § 61, D 50.
+
+ Miner, Jo,
+ advertisement of, § 96.
+
+ Minnesota,
+ personal liberty law in, § 80.
+
+ Missouri,
+ admission of, § 21;
+ Anderson case in, § 23;
+ Governor of, offers reward for John Brown, § 62.
+
+ Missouri Compromise,
+ fugitive slave clause in, § 21, B 16;
+ period of, § 21.
+
+ Mob,
+ provisions against, § 30.
+
+ Morgan, Margaret.
+ See Prigg Case.
+
+ Morrill, ----,
+ resolution, C 40.
+
+ Morris, cutter,
+ in Burns case, § 55.
+
+ Morris, ----,
+ substitute reported, § 101;
+ on repeal bill, § 102;
+ resolution, C 3;
+ joint resolution, C 16.
+
+ Morris, John B.,
+ demands a fugitive slave, § 42.
+
+ "Moses."
+ See Harriet Tubman.
+
+ Murray, ----,
+ motion, § 19.
+
+
+ Nalle case, D 64.
+
+ Nassau,
+ fugitives in, § 24.
+
+ Negroes,
+ ignorance of, § 67;
+ regulation of, A 65;
+ against escape of, A 78;
+ petition of a soldier, § 19;
+ free, how affected, § 20;
+ regulation of, A 53.
+ See also Fugitives.
+
+ New Amsterdam,
+ escape of servants from, § 7;
+ trial at, § 9.
+ See also New Netherlands.
+
+ New England,
+ regulations as to fugitives, § 4.
+
+ New England Confederation,
+ composition of, § 8;
+ articles of, A 8.
+
+ New Hampshire,
+ legislation in, § 4, A 61;
+ personal liberty laws in, § 80, § 82.
+
+ New Haven,
+ in the New England Confederation, § 8.
+
+ New Jersey,
+ regulations on fugitives, § 3, A 32, A 39, A 42;
+ sanctions rendition, § 80;
+ slaves, A 55;
+ white servants, A 56.
+
+ New Netherlands,
+ legislation in, § 4;
+ on fugitive slave cases, § 11;
+ regulations against runaways, A 1, A 3, A 5, A 10, A 14, A 19;
+ Quakers, A 29;
+ controversy with Hartford, D 1.
+ See also Dutch Colonies.
+
+ New York,
+ regulation on fugitives, § 8, A 50, A 51, A 59;
+ Governor of, in Solomon Northrup case, § 38;
+ refusal to return abettors of fugitives, § 47;
+ personal liberty laws, § 80, § 82, § 83;
+ slaves, A 49;
+ prevention of insurrections, A 68;
+ kidnapping in, § 99.
+
+ Niblack, ----,
+ resolution, C 7.
+
+ Nicholson,
+ on committee, § 19.
+
+ Norfolk,
+ kidnapping cases in, § 99, D 68.
+
+
+ Oberlin Case, § 40, D 26.
+
+ Oberlin-Wellington,
+ rescue, § 59, D 62.
+
+ Officers,
+ return of fugitives by army and navy, C 53.
+
+ Ohio,
+ fugitives protected in, § 21;
+ refusal to return abettors of fugitives, § 48;
+ personal liberty law, § 80, § 82.
+
+ Olmsted, F. L.,
+ quoted, § 65.
+
+ "Omnibus Bill,"
+ fugitive slave provision in, § 29.
+
+ Ordinance of 1787,
+ for the Northwest Territory, § 14, § 15;
+ confirmed, § 16.
+
+ Ottoman case, § 45, D 34.
+
+
+ Parker, Theodore, speaks on Burns' case, § 55; indicted for
+ riot, § 55; protects William and Lucy Crafts, § 69.
+
+ Parker, William, in Christiana case, § 60.
+
+ Pass, necessity of, § 65.
+
+ Patrols, duty of, § 65.
+
+ Patroons, runaways from, A 1.
+
+ Peace Convention, amendment, C 22.
+
+ Pearl, carries fugitives, § 50.
+
+ Penalties for escape, § 30; for violating personal liberty
+ laws, § 80.
+
+ Pennsylvania, emancipation in, § 14; Governor of, in "John"
+ case, § 17; act of, reported, § 21, B 17; fugitives abetted in,
+ 24; personal liberty laws in, § 80, § 82; regulation of
+ servants, A 48; regulation of negroes, A 65; harboring of
+ fugitives, A 80; case in, D 46.
+
+ Pennsylvania Society for the Abolition of Slavery, efforts in
+ behalf of "John," § 17; petition of, § 20; efforts of, § 25.
+
+ Pensacola, Walker embarks from, § 50.
+
+ Personal Liberty Laws, passed, § 25; character of, § 77; before
+ the Prigg decision, § 78; between the Prigg decision and the
+ Second Fugitive Slave Law, § 79; occasioned by the law of 1850,
+ § 80; change in character, § 80; table of, § 80; distribution
+ among States, § 80; report on, § 81; effect of, § 83, § 105;
+ constitutionality of, § 83; obstruction by, § 85; repeal urged,
+ § 85; resolution against, § 86; Saulsbury substitute on, C 81.
+
+ Petition of North Carolina negroes, § 19; of free negroes, §
+ 19; of a free colored soldier, § 19; of the Pennsylvania
+ Abolition Society § 20; from the Kentucky Legislature, § 27; to
+ remove jailer and sheriff in Latimer case, § 44; for an
+ amendment to the Constitution, § 44; for a new personal liberty
+ law, § 81.
+
+ Philadelphia, constitutional convention sits in, § 15;
+ attempted rescue in, § 43, D 22.
+
+ Phillips, Wendell, speeches on Latimer case, § 44; addresses
+ mass meeting, § 55; speaks on Burns' case, § 55; indicted for
+ riot, § 55.
+
+ Pierce, Franklin, President, sends executive message, § 57;
+ issues proclamation, § 57.
+
+ Pindall, on revision of the fugitive slave act, § 20; made
+ chairman of committee, § 20; amendatory bill, B 10.
+
+ Pine Grove Plantation, probable refuge, § 66.
+
+ Pinckney, Gen. C. C., on the fugitive slave clause, § 15.
+
+ Plymouth, in the New England Confederation, § 8.
+
+ Pomeroy, ----, on confiscation bill, § 91.
+
+ Porter, ----, amendment, C 67.
+
+ Potter, R. J., advertisement by, § 96.
+
+ Powell, ----, on District of Columbia jail, § 97; joint
+ resolution, C 28; amendment, C 51.
+
+ Pratt, ----, amendment, B 30.
+
+ Priggs vs. Pennsylvania case, § 25, D 18; consequences of, §
+ 76; extracts from, B 22.
+
+ Proclamation, by West India Company, § 11; on Shadrach case, §
+ 57; emancipation, § 91.
+
+ Prosecutions, carried on, § 49; after "Jerry" rescue, § 58; of
+ Oberlin-Wellington rescuers, § 59; of Wendell Phillips, § 55.
+
+ Protection papers, use of, § 68.
+
+ Pugh, George H., joint resolution, C 26.
+
+ Purrington, brig William, D 39.
+
+ Purvis, Robert, connection with Underground Railroad, § 75.
+
+
+ Quakers, arrange station on the Underground Railroad, § 71;
+ fugitives hidden by, § 72; refused admision to New Netherlands,
+ A 29.
+
+ Quincy, Josiah, account of first fugitive slave case in the
+ North, § 34, D 12.
+
+
+ Raids, upon plantations, § 66.
+
+ Rantoul, Robert, Jr., in Sims case, § 54.
+
+ Read, ----, on committee, § 17.
+
+ Redemptioners, described, § 1; cases of, § 1; case of running
+ away with negroes, § 3.
+
+ Refuge, place of, § 66.
+
+ Rendition, a duty, § 8. See also Fugitives.
+
+ Rescue, first case of, § 34.
+
+ Resolution, by Maryland Legislature, § 21; on relations with
+ Canada, § 23; Kentucky, § 23; on fugitives on the high seas, §
+ 24; Giddings, § 28; against the return of Latimer, § 44; to
+ base representation on free persons, § 44; Georgia Legislature,
+ § 47; on arrests by army officers, § 95; Fitch, B 35; Jackson,
+ B 36; Hillyer, B 37; Chase, B 38; Cochrane's joint, C 2;
+ Morris, C 3; Leake, C 4; Cox, C 5; Stevenson, C 6; Niblack, C
+ 7; English joint, C 8; McClernand joint, C 9; Hindman, C 10;
+ Kilgore, C 11; Johnson's joint, C 12, C 27; Crittenden's joint,
+ C 13; Douglas's joint, C 14; Florence, C 15, C 18; Morris's
+ joint, C 16; Kellogg's joint, C 19, C 20, C 21; Clarence's
+ joint, C 23; Crittenden's joint, C 24; Pugh's joint, C 26;
+ Powell's joint, C 28; Lovejoy's, C 29; Wilson's, C 32, C 33, C
+ 47, C 55, C 61; Clark, C 34; Sumner, C 36; Fessenden, C 38;
+ Bingham, C 39; Morrill's confiscation joint, C 40; Hale, C 41;
+ Sumner, C 43, C 74; Lovejoy, C 44; Julian, C 45; Shank, C 46;
+ Colfax, C 77; Hubbard's repeal, C 83.
+
+ Revolution, did not change condition of slave, § 14.
+
+ Reward, offered by Missouri, § 62; by United States, § 62; by
+ colonies, § 8.
+
+ Rhode Island legislation, § 4; emancipation, § 14; personal
+ liberty law, § 79, § 80, § 82; regulation of ferries in, A 57.
+
+ Rice, ----, amendment, C 53.
+
+ Rice, John, kidnapped, § 59.
+
+ Rich, on the fugitive slave bill, § 20.
+
+ Riker, Richard, in Jones case, § 37.
+
+ Riley, ----, United States commissioner, § 57.
+
+ Rotch, aids escape, § 5.
+
+ Runaways, regulations against, § 6, § 8; easily regulated, § 8;
+ the habitual, § 66; methods pursued, § 67; harboring upon a
+ ship, § 67; regulations against, A 1, A 3, A 4, A 7, A 17, A
+ 24, A 25, A 27, A 31, A 33, A 40, A 52, A 61, A 67;
+ entertainment of, A 10, A 16, A 29, A 37, A 73; second offence,
+ how punished, A 13; hue and cry after, A 18; from the Dutch, A
+ 21; apprehension of, A 22; English, A 23; in Glocester, A 24;
+ apprehension of, A 35, A 38; capture rewarded, A 37; prevention
+ of, A 42; to Canada, A 50; trade with, inhibited, A 47; against
+ ferriage of, A 57, A 74; minor, A 61; pursuit of, A 79.
+
+ Russia, Emperor of, arbitration by, § 22.
+
+
+ Saulsbury, amendments, C 51, C 53, C 58, C 70, C 81, C 83.
+
+ Savannah Georgian, advertisement in, § 66.
+
+ Secrecy, observed by fugitives, § 75.
+
+ Sedgwick, ----, on committee, § 17.
+
+ Seizure, of North Carolina negroes, § 19. See also Arrest,
+ Kidnapping Cases.
+
+ Seminoles, steal slaves, § 22; trouble, § 23; United States
+ claims on, B 19.
+
+ Sergeant, ----, on the fugitive slave bill, § 20.
+
+ Servants, English, A 25, A 28; an act concerning, A 60;
+ regulation of, A 56, A 70, A 71; fugitive, A 9, A 19, A 21, A
+ 32, A 39, A 41, A 45, A 67, A 78; how to know a, A 20. See also
+ Fugitives, Runaways.
+
+ Sewall, Samuel E., counsels fugitives, § 44, § 57.
+
+ Seward, W. H., amendments, § 29, B 30.
+
+ Shadrach, case, § 57; personal liberty laws tested, § 81;
+ Clay's resolution on, B 33; case, D 48.
+
+ Shank, ----, resolution, C 46.
+
+ Shanley vs. Haney case, D 8.
+
+ Shaw, Chief Justice, in Latimer case, § 44.
+
+ Shell, O. P., advertises a runaway, § 65.
+
+ Sheriff, power of, § 30.
+
+ Sherman, John, amendments, § 103, C 82.
+
+ Sherman, Roger, on the fugitive slave clause, § 15; on
+ committee, § 17.
+
+ Sherwood, Major, case of servant of, § 94, D 67.
+
+ Ship, refuge for runaways, § 67; slave on Brazilian, D 36.
+
+ Ship-masters, Dutch, rewarded, A 21.
+
+ Sims, Thomas M., case, § 54; brigade, § 54; court-house used as
+ jail, § 81; case, D 47.
+
+ Slaves, conditions of life, § 65; Mother's Farewell, extract
+ from, § 64; stealing of, A 77; abolition of trade in, § 20;
+ status of, in England, § 22; question of damages, § 30; must
+ wear livery, § 65; new conditions surround, § 88; regulation
+ of, A 49, A 54, A 55, A 60, A 64, A 67, A 70, A 71, A 72;
+ extradition of, B 21; status on the high seas, B 20, B 23; of
+ the Dutch, escape to the English, § 8; escape to the forest, §
+ 8; of rebels, resolutions on, § 88; bill to free, C 52.
+
+ Slaveholder, demand for legislation, § 15; basis of, argued, §
+ 16; complaints of, § 19.
+
+ Slave-hunters, how received, § 72; insurrections to prevent, A
+ 68.
+
+ Slavery, condition in the colonies, § 11; interests advanced, §
+ 16; justification of, § 16; extinction of, § 33; attacked in
+ Congress, § 89; abolition in the District of Columbia, § 98, C
+ 62, C 65; studies of the institution of, E 3; studies of
+ colonial, E 3; speeches upon, E 8.
+
+ Smith, ----, on fugitive slave law, § 20.
+
+ Smith, Gerrit, in Anderson case, § 23; in "Jerry" rescue, § 58.
+
+ Smithburg case, D 32.
+
+ Society for the Abolition of Slavery. See Pennsylvania.
+
+ Somersett case, § 12, D 9.
+
+ Soulé, ----, on the fugitive slave bill, § 31.
+
+ South Bend Case, D 38.
+
+ South Carolina, regulations on fugitives, § 2, § 3; difficulty
+ in recovering fugitives, § 8; constitutional convention in, §
+ 15; regulations against runaways, A 43, A 47, A 58, A 62, A 64;
+ regulation of slaves, A 54, A 64, A 69, A 77.
+
+ Southern States, complain of Underground Railroad, § 76.
+
+ Spalding, ----, repeal bill, § 101, C 80.
+
+ Spanish colonies, interval of unpopulated country south, § 1.
+
+ Sprague, E., 55.
+
+ State Jails. See Jails.
+
+ State Officers, power discussed, § 19, § 20; forfeiture of
+ office, § 81; forbidden to act, § 79, 81.
+
+ St. Augustine, escapes to, § 8.
+
+ St. Luc, Sieur de la Corne, negro servant of, 11.
+
+ Staunton, General, in Sherwood case, § 94.
+
+ Stevens, ----, repeal bill, § 101, C 80; motion of, B 30.
+
+ Stevenson, ----, resolution, C 6.
+
+ Stewart, ----. See Somersett Case.
+
+ Story, Justice, decision in Prigg case, § 25.
+
+ Stuyvesant, Governor, in fugitive slave case, § 11.
+
+ Sumner, Charles, in Drayton case, § 50; resolutions, § 95;
+ repeal bills, § 101, § 102, C 80; resolutions, C 36, C 43, C
+ 74; amendment, C 57.
+
+ Suttle, Charles F., in Burns case, § 55.
+
+ Swain, John, suit for slave, § 5.
+
+ Swamps, as a refuge, § 66.
+
+ Swan, Captain, in Wisdom case, § 94.
+
+ Swedish colonies, along the coast, § 1; regulations on
+ fugitives, § 2.
+
+ Syracuse, "Jerry" rescue in, § 58.
+
+
+ Taylor, ----, on committee, § 17.
+
+ Ten Eyck, ----, amendment, C 51; report of, C 80.
+
+ Thomas case, D 30.
+
+ Thompson, ----, case, D 27.
+
+ Treaty, of Hartford, fugitive slave clause in, A 14; of 1783, B
+ 2; with Indian tribes, § 13, § 16, § 17, § 22, B 1, B 3, B 5, B
+ 8, B 11, B 12, B 19; of Ghent, § 22, B 12; proposed with Great
+ Britain, § 23.
+
+ Tremont Temple, mass meetings in, § 54.
+
+ Trial, by jury, not admitted, in first act, § 19; objected to,
+ § 20; denied, § 30; proposed, § 87; resolution demanding, C 77.
+
+ Trumbull, confiscation bill, § 91, C 30, C 37; bill, C 52;
+ amendments, C 31, C 57, C 78.
+
+ Tubman, Harriet, account of, § 73.
+
+ Tukey, Marshal, in Sims case, § 54.
+
+ Turc, escape of, § 9.
+
+
+ Underground Railroad, beginnings of, § 25; how regarded by the
+ South, § 31; methods south of the Ohio, § 56; use of, by John
+ Brown, § 62; incident at, § 64; description of, § 70; rise and
+ growth, § 71; stations on, described, § 72; methods pursued, §
+ 72; extent of system, § 71; origin of name, § 71; in the South,
+ § 72; in the North, § 72; colored agents on, § 72, § 73;
+ prosecution of agents, § 74; formal organization, § 75; market
+ women as helpers, § 75.
+
+ Underwood, ----, amendment, B 30.
+
+ United Colonies, treaty with New Netherlands, A 14.
+
+ United States, reward offered for John Brown, § 62; in Seminole
+ trouble, § 22; in Anderson case, § 23. See also Acts, Bills,
+ Fugitives, Resolutions, Runaways.
+
+ United States Hotel, slave hunters at, § 69.
+
+
+ Vallandigham, C. L., amendment, C 25.
+
+ Van Zandt, aids fugitive, § 50, D 25.
+
+ Vermont, personal liberty laws in, § 79, § 80, § 82.
+
+ Vigilance committee organized, § 41; in "Jerry" rescue, § 58.
+
+ Villeinage, ceased in England, § 12.
+
+ Virginia, regulations on fugitives, § 3; rewards the recovery
+ of a fugitive, § 8; slaves escape, § 8; constitutional
+ convention in, § 15; Governor of, action in "John" case, § 17;
+ demands arrest of abettors of a fugitive, § 47; regulation
+ against the entertainment of fugitives, A 6; regulations
+ against runaways, A 7, A 13, A 16, A 17, A 18, A 20, A 22, A
+ 25, A 27, A 30, A 33, A 35, A 37, A 52; reward for the capture
+ of runaways, A 21, A 36; on English runaways, A 22; in county
+ of Glocester, A 24; repeal law, A 44; amends law, A 48;
+ amended, A 66; against ferriage of runaways, A 74.
+
+
+ Walker, Jonathan, aids fugitives, § 50, D 31.
+
+ Walton, ----, amendment, C 67, C 74.
+
+ Washington, President, asks for the return of a fugitive, § 35,
+ D 13.
+
+ Washington case, § 39, D 42.
+
+ Washington, jail, resolutions on, C 32, C 34, C 38, C 39, C 55.
+ See also Jail.
+
+ Webster, Daniel, in Creole case, § 24; introduces bill, B 30.
+
+ Wellington. See Oberlin-Wellington.
+
+ West India Company, regulation of, § 2; execution of regulation
+ § 7; ordinance of, A 1.
+
+ Whipping, motive for flight, § 64.
+
+ Whipple, ----, in kidnapping case, § 35.
+
+ White, ----, on committee, § 17.
+
+ White slaves. See Redemptioners, Servants.
+
+ Whitman, ----, on the fugitive slave bill § 19, § 20.
+
+ Williams case, D 17.
+
+ Williamson case, D 59.
+
+ Wilkins, Frederick. See Shadrach.
+
+ Wilson, ----, on Butler's proposition, § 15.
+
+ Wilson, Henry, on confiscation, § 90; bills, § 98, C 42, C 48,
+ C 54, C 56; resolutions, § 95, § 97, C 32, C 33, C 47, C 55, C
+ 61; amendment, C 71.
+
+ Winthrop, ----, amendment, B 30.
+
+ Winthrop, Governor John, in fugitive slave case, § 11.
+
+ Wisconsin, personal liberty laws in, § 80, § 82; Supreme Court
+ decision, D 85.
+
+ Wisdom case, § 94, D 66.
+
+ Woodbridge resolutions, § 23, B 21.
+
+ Woods, as a refuge, § 1, § 66.
+
+ Wright, ----, presents Maryland Resolution, § 21.
+
+ Writ, of habeas corpus, in Somersett case, § 12; allowed, § 20;
+ advisability of, § 19, § 20; refused, § 23; issued, § 42; of
+ personal replevin, sworn out, § 44.
+
+
+ Yulee, on the fugitive slave law, § 31.
+
+
+
+
+[Transcriber's note: _Underscores_ indicate text in _italic_ font;
+=equal= signs indicate =bold= font. Original spelling varieties have
+been maintained; footnotes were renumbered. The index was changed to
+refer to section numbers instead of page numbers. Abbreviations and
+references changed for clarity: § 11.: o'selves--> we could not promise
+ourselves from you; w'ch--> which are shortly like to be nearer
+neighbors; O'tres--> vpon the receiving of these Outres; p'ties--> the
+demand of the parties interessted; p'sons--> compell such other persons.
+§ 29., Footnotes 158, 159: "Appendix B, Nos. 68., 83., 84." not found;
+see Appendix B, No. 30.--"§ 84" not listed in the original.--§ 101.,
+Footnote 366: "Appendix C, Nos. 104, 106." not found; see Appendix C,
+No. 80. § 103., Footnote 384: "Appendix C, No. 116." not found; see
+Appendix C, No. 83. Appendix A, No. 9.: appr'ntices--> apprentices;
+w'th--> with; fr'o--> from; pr'euenting--> preuenting. Appendix A, 31.:
+ag't--> against; Satisfacc'on--> Satisfaccion; reparac'on--> reparacion;
+Lord Prop'ry--> Lord Proprietary; publicac'on--> publicacion;
+Informac'on--> Informacion. Appendix A, No. 66.: goalers--> Fees of the
+gaolers given. Appendix C, No. 80: "See No. 84" not found, linked to No.
+83. Appendix E, No. 9.: reminscences--> the reminiscences of
+participants.]
+
+
+
+
+
+End of Project Gutenberg's Fugitive Slaves, by Marion Gleason McDougall
+
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+
+The Project Gutenberg EBook of Fugitive Slaves, by Marion Gleason McDougall
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Fugitive Slaves
+ 1619-1865
+
+Author: Marion Gleason McDougall
+
+Release Date: December 7, 2010 [EBook #34594]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK FUGITIVE SLAVES ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+</pre>
+
+
+
+<p class="center"><i>PUBLICATIONS OF THE SOCIETY FOR THE COLLEGIATE INSTRUCTION<br />
+OF WOMEN</i><br />
+
+Fay House Monographs<br />
+
+<small>No. 3</small></p>
+
+
+<h1><span>FUGITIVE SLAVES</span>
+
+<span id="id1">(1619-1865)</span>
+
+<span id="id2">BY</span>
+
+<span id="id3">MARION GLEASON McDOUGALL</span></h1>
+
+
+<p class="center">PREPARED UNDER THE DIRECTION OF<br />
+
+ALBERT BUSHNELL HART, <span class="smcap">Ph.D.</span><br />
+
+ASSISTANT PROFESSOR OF HISTORY IN HARVARD UNIVERSITY<br />
+
+BOSTON, U.S.A.<br />
+
+PUBLISHED BY GINN &amp; COMPANY<br />
+
+1891
+<br />
+<br />
+<i><small>Copyright, 1891,</small></i><br />
+
+<span class="smcap">By the Society for the Collegiate Instruction of Women.</span><br />
+
+
+<small>University Press:</small><br />
+
+<span class="smcap">John Wilson and Son, Cambridge.</span></p>
+
+
+<h2><span>EDITOR'S PREFACE.</span></h2>
+
+
+<p>Every careful student of history is aware that it is no longer possible
+to write the general history of any important country from the original
+sources; on any period, the materials which accumulate in a year are more
+than can be assimilated by one mind in three years. The general historian
+must use the results of others' work. It is therefore essential that the
+great phases of political and constitutional development be treated in
+monographs, each devoted to a single, limited subject and each prepared
+on a careful and scientific method.</p>
+
+<p>This first number of the historical series of the Fay House Monographs
+aims to discuss the single topic of Fugitive Slaves. Mrs. McDougall has
+drawn together and compared many cases found in obscure sources, and has
+perhaps been able to correct some commonly received impressions on this
+neglected subject.</p>
+
+<p>Even in its limited range this does not pretend to be a complete work in
+the sense that all the available cases are discussed or recorded. The
+effort has been made to use the cases as illustrations of principles, and
+to add such bibliography as may direct the reader to further details. The
+appendix of laws is as full as it was possible to make it from the
+collections in the Boston Public and Massachusetts State Libraries. If
+the monograph prove useful to the student of American history, it will
+meet the expectations of author and editor.</p>
+
+<p class="ralign5">ALBERT BUSHNELL HART.</p>
+
+
+<p><span class="smcap">Cambridge</span>, April 2, 1891.</p>
+
+
+<h2><span>AUTHOR'S PREFACE.</span></h2>
+
+
+<p>The following monograph was written while the author was a student in the
+"Harvard Annex" as a study in the Seminary course given by Professor
+Albert Bushnell Hart. The work has continued during parts of the four
+years since 1887. The effort has been to trace in some measure the
+development of public sentiment upon the subject, to prepare an outline
+of Colonial legislation and of the work of Congress during the entire
+period, and to give accounts of typical cases illustrative of conditions
+and opinions. Only a few of the more important cases are described
+minutely, but a critical list of the authorities may be found in the
+bibliographical appendix.</p>
+
+<p>The thanks of the author are due first to Professor Hart, under whose
+direction and with whose assistance and encouragement the monograph has
+been prepared; then to Miss Anna B. Thompson, without whose careful
+training in the Thayer Academy and continued sympathy, the work could not
+have been undertaken. Many thanks are due also to the authorities of the
+Library of Harvard College for the use, in the alcoves, of their large
+and conveniently arranged collection of books and pamphlets on United
+States History, and to the assistants in the Boston Public and
+Massachusetts State Libraries for courteous aid. Colonel T. W. Higginson
+has kindly examined the chapter on the cases from 1850 to 1860,
+suggesting some interesting details; and Mr. Arthur Gilman has read the
+whole in proof, and made many valuable suggestions.</p>
+
+<p class="ralign5">MARION GLEASON McDOUGALL.</p>
+
+<p><span class="smcap">Rockland, Mass.</span>, April 2, 1891.</p>
+
+<h2><a id="CONTENTS"></a><span>CONTENTS.</span></h2>
+
+
+
+<div class="toc">
+<p>
+<span class="i0"><b>CHAPTER I.</b></span><br />
+<span class="i0"><i><a href="#CHAPTER_I"><big>LEGISLATION AND CASES BEFORE THE CONSTITUTION.</big></a></i></span><br />
+<span class="i0">§&nbsp;1.&nbsp;<a href="#Elem">Elements of colonial slavery</a> </span><br />
+<span class="i0">§&nbsp;2.&nbsp;<a href="#egula">Regulations as to fugitives (1640-1700)</a> </span><br />
+<span class="i0">§&nbsp;3.&nbsp;<a href="#Treatment_of_fugitives">Treatment of fugitives</a> </span><br />
+<span class="i0">§&nbsp;4.&nbsp;<a href="#Regulations_in_New_England">Regulations in New England colonies</a> </span><br />
+<span class="i3">§&nbsp;5.&nbsp;<a href="#Escapes_in_New_England">Escapes in New England: Attucks case</a> </span><br />
+<span class="i0">§&nbsp;6.&nbsp;<a href="#Dutch_regulations_in_New">Dutch regulations in New Netherlands</a> </span><br />
+<span class="i3">§&nbsp;7.&nbsp;<a href="#Escapes_from_New_Amsterdam">Escapes from New Amsterdam</a> </span><br />
+<span class="i0">§&nbsp;8.&nbsp;<a href="#al">Intercolonial regulations</a> </span><br />
+<span class="i3">§&nbsp;9.&nbsp;<a href="#Intercolonial_cases">Intercolonial cases </a></span><br />
+<span class="i0">§&nbsp;10.&nbsp;<a href="#nter">International relations</a></span><br />
+<span class="i3">§&nbsp;11.&nbsp;<a href="#International_cases">International cases</a></span><br />
+<span class="i0">§&nbsp;12.&nbsp;<a href="#mother_country">Relations with the mother country </a> </span><br />
+<span class="i0">§&nbsp;13.&nbsp;<a href="#atio">Regulation under the Articles of Confederation (1781-1788) </a> </span><br />
+<span class="i3">§&nbsp;14.&nbsp;<a href="#Ordinance_for_the_Northwest">Ordinance for the Northwest Territory (1787) </a></span><br />
+<span class="i0">§&nbsp;15.&nbsp;<a href="#giti">The Fugitive question in the Constitutional Conventions </a> </span></p>
+
+<p>
+<span class="i0"> <b>CHAPTER II.</b></span><br />
+<span class="i0"><i><a href="#CHAPTER_II"><big>LEGISLATION FROM 1789 TO 1850.</big></a></i></span><br />
+<span class="i0">§&nbsp;16.&nbsp;<a href="#Effe">Effect of the fugitive slave clause in the Constitution</a> </span><br />
+<span class="i0">§&nbsp;17.&nbsp;<a href="#The_first">The first Fugitive Slave Act (1793)</a> </span><br />
+ <span class="i3"> §&nbsp;18.&nbsp;<a href="#Disc">Discussion of the first act</a> </span><br />
+<span class="i0">§&nbsp;19.&nbsp;<a href="#Propositions_of_1797">Propositions of 1797 and 1802</a> </span><br />
+<span class="i0">§&nbsp;20.&nbsp;<a href="#Propositions_from_1817">Propositions from 1817 to 1822</a> </span><br />
+<span class="i0">§&nbsp;21.&nbsp;<a href="#Missouri_Compromise">Period of the Missouri Compromise (1819-1822)</a> </span><br />
+<span class="i0">§&nbsp;22.&nbsp;<a href="#atus">Status of the question from 1823 to 1847</a> </span><br />
+ <span class="i3"> §&nbsp;23.&nbsp;<a href="#Canada_and_Mexico_places_of_refuge">Canada and Mexico places of refuge</a> </span><br />
+<span class="i3"> §&nbsp;24.&nbsp;<a href="#on_the_high_seas">Status of fugitives on the high seas</a> </span><br />
+<span class="i0">§&nbsp;25.&nbsp;<a href="#app">Kidnapping from 1793 to 1850: Prigg case</a> </span><br />
+<span class="i0">§&nbsp;26.&nbsp;<a href="#Nece">Necessity of more stringent fugitive slave provisions</a> </span><br />
+<span class="i3"> §&nbsp;27.&nbsp;<a href="#cti">Action of Congress from 1847 to 1850</a> </span><br />
+<span class="i3"> §&nbsp;28.&nbsp;<a href="#in_the_District">Slavery in the District of Columbia</a> </span><br />
+<span class="i0">§&nbsp;29.&nbsp;<a href="#Act_1850">The second Fugitive Slave Act (1850)</a> </span><br />
+<span class="i3"> §&nbsp;30.&nbsp;<a href="#Provisions_of_the_second">Provisions of the second Fugitive Slave Act</a> </span><br />
+<span class="i3"> §&nbsp;31.&nbsp;<a href="#ts_fo">Arguments for the bill</a> </span><br />
+<span class="i3"> §&nbsp;32.&nbsp;<a href="#ts_ag">Arguments against the bill</a> </span></p>
+
+<p>
+<span class="i0"><b>CHAPTER III.</b></span><br />
+<span class="i0"><i><a href="#CHAPTER_III"><big>PRINCIPAL CASES FROM 1789 TO 1860.</big></a></i></span><br />
+<span class="i0">§&nbsp;33.&nbsp;<a href="#ge_in">Change in character of cases</a> </span><br />
+ <span class="i3"> §&nbsp;34.&nbsp;<a href="#irst">The first case of rescue (1793)</a> </span><br />
+ <span class="i3"> §&nbsp;35.&nbsp;<a href="#side">President Washington's demand for a fugitive (1796)</a> </span><br />
+<span class="i0">§&nbsp;36.&nbsp;<a href="#ng_ca">Kidnapping cases</a> </span><br />
+ <span class="i3"> §&nbsp;37.&nbsp;<a href="#Jones_case">Jones case (1836)</a> </span><br />
+ <span class="i3"> §&nbsp;38.&nbsp;<a href="#olomo">Solomon Northup case (about 1830)</a> </span><br />
+ <span class="i3"> §&nbsp;39.&nbsp;<a href="#Washington_case">Washington case (between 1840 and 1850)</a> </span><br />
+ <span class="i3"> §&nbsp;40.&nbsp;<a href="#Ober">Oberlin case (1841)</a> </span><br />
+<span class="i0">§&nbsp;41.&nbsp;<a href="#erfer">Interference and rescues</a> </span><br />
+ <span class="i3"> §&nbsp;42.&nbsp;<a href="#ickas">Chickasaw rescue (1836)</a> </span><br />
+ <span class="i3"> §&nbsp;43.&nbsp;<a href="#Philadelphia_and_Kennedy">Philadelphia case (1838)</a> </span><br />
+ <span class="i3"> §&nbsp;44.&nbsp;<a href="#atim">Latimer case (1842)</a> </span><br />
+ <span class="i3"> §&nbsp;45.&nbsp;<a href="#Ottoman_case">Ottoman case (1846)</a> </span><br />
+<span class="i0">§&nbsp;46.&nbsp;<a href="#ters">Interstate relations</a> </span><br />
+ <span class="i3"> §&nbsp;47.&nbsp;<a href="#Boston_and_Isaac">Boston and Isaac cases (1837, 1839)</a> </span><br />
+ <span class="i3"> §&nbsp;48.&nbsp;<a href="#Ohio_and_Kentucky">Ohio and Kentucky case (1848)</a> </span><br />
+<span class="i0">§&nbsp;49.&nbsp;<a href="#osec">Prosecutions</a> </span><br />
+ <span class="i3"> §&nbsp;50.&nbsp;<a href="#and_Walker_cases">Van Zandt, Pearl, and Walker cases (1840, 1844)</a> </span><br />
+<span class="i0">§&nbsp;51.&nbsp;<a href="#Unpopularity">Unpopularity of the Fugitive Slave Act of 1850</a> </span><br />
+<span class="i0">§&nbsp;52.&nbsp;<a href="#ncip">Principle of the selection of cases</a> </span><br />
+ <span class="i3"> §&nbsp;53.&nbsp;<a href="#Hamlet_case">Hamlet case (1850)</a> </span><br />
+ <span class="i3"> §&nbsp;54.&nbsp;<a href="#ims">Sims case (1851)</a> </span><br />
+ <span class="i3"> §&nbsp;55.&nbsp;<a href="#urns">Burns case (1854)</a> </span><br />
+ <span class="i3"> §&nbsp;56.&nbsp;<a href="#Garner">Garner case (1856)</a> </span><br />
+ <span class="i3"> §&nbsp;57.&nbsp;<a href="#adrac">Shadrach case (1851)</a></span><br />
+ <span class="i3"> §&nbsp;58.&nbsp;<a href="#Jerry_McHenry">Jerry McHenry case (1851)</a> </span><br />
+ <span class="i3"> §&nbsp;59.&nbsp;<a href="#rescue_1858">Oberlin-Wellington case (1858)</a> </span><br />
+ <span class="i3"> §&nbsp;60.&nbsp;<a href="#Christiana">Christiana case (1851)</a> </span><br />
+ <span class="i3"> §&nbsp;61.&nbsp;<a href="#case_1851">Miller case (1851)</a> </span><br />
+ <span class="i3"> §&nbsp;62.&nbsp;<a href="#Kansas_1858">John Brown in Kansas (1858)</a> </span></p>
+
+<p>
+<span class="i0"><b>CHAPTER IV.</b></span><br />
+<span class="i0"><i><a href="#CHAPTER_IV"><big>FUGITIVES AND THEIR FRIENDS.</big></a></i></span><br />
+<span class="i0">§&nbsp;63.&nbsp;<a href="#Methods_of_escape">Methods of escape</a> </span><br />
+ <span class="i3"> §&nbsp;64.&nbsp;<a href="#ason">Reasons for escape</a> </span><br />
+ <span class="i3"> §&nbsp;65.&nbsp;<a href="#ndit">Conditions of slave life</a> </span><br />
+ <span class="i3"> §&nbsp;66.&nbsp;<a href="#wood">Escapes to the woods</a> </span><br />
+ <span class="i3"> §&nbsp;67.&nbsp;<a href="#the_N">Escapes to the North</a> </span><br />
+ <span class="i3"> §&nbsp;68.&nbsp;<a href="#protection_papers">Use of protection papers</a> </span><br />
+ <span class="i3"> §&nbsp;69.&nbsp;<a href="#Fugitives_disguised">Fugitives disguised as whites: Craft case</a> </span><br />
+<span class="i0"> §&nbsp;70.&nbsp;<a href="#rgro">Underground Railroad</a> </span><br />
+ <span class="i3"> §&nbsp;71.&nbsp;<a href="#ise">Rise and growth of the system</a> </span><br />
+ <span class="i3"> §&nbsp;72.&nbsp;<a href="#ds_pu">Methods pursued</a> </span><br />
+ <span class="i3"> §&nbsp;73.&nbsp;<a href="#ts_of">Colored agents of the Underground Railroad</a> </span><br />
+ <span class="i3"> §&nbsp;74.&nbsp;<a href="#f_age">Prosecutions of agents</a> </span><br />
+ <span class="i3"> §&nbsp;75.&nbsp;<a href="#Formal">Formal organization</a> </span><br />
+ <span class="i3"> §&nbsp;76.&nbsp;<a href="#enera">General effect of escapes</a> </span></p>
+
+<p>
+<span class="i0"><b>CHAPTER V.</b></span><br />
+<span class="i0"><i><a href="#CHAPTER_V"><big>PERSONAL LIBERTY LAWS.</big></a></i></span><br />
+<span class="i0">§&nbsp;77.&nbsp;<a href="#cter">Character of the personal liberty laws</a> </span><br />
+<span class="i0">§&nbsp;78.&nbsp;<a href="#pass">Acts passed before the Prigg decision (1793-1842)</a> </span><br />
+<span class="i0">§&nbsp;79.&nbsp;<a href="#ssed">Acts passed between the Prigg decision and the second Fugitive Slave Law (1842-1850)</a> </span><br />
+<span class="i0">§&nbsp;80.&nbsp;<a href="#occa">Acts occasioned by the law of 1850 (1850-1860)</a> </span><br />
+<span class="i0">§&nbsp;81.&nbsp;<a href="#assach">Massachusetts acts</a> </span><br />
+<span class="i0">§&nbsp;82.&nbsp;<a href="#ew_of">Review of the acts by States</a> </span><br />
+<span class="i0">§&nbsp;83.&nbsp;<a href="#ct_of">Effect of the personal liberty laws</a> </span></p>
+
+<p>
+<span class="i0"><b>CHAPTER VI.</b></span><br />
+<span class="i0"><i><a href="#CHAPTER_VI"><big>THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865).</big></a></i></span><br />
+<span class="i0">§&nbsp;85.&nbsp;<a href="#crisis_of_1860">The Fugitive Slave Law in the crisis of 1860-61</a> </span><br />
+<span class="i3"> §&nbsp;86.&nbsp;<a href="#Propositions_to_enforce">Proposition to enforce the Fugitive Slave Law</a> </span><br />
+ <span class="i3"> §&nbsp;87.&nbsp;<a href="#repeal_or_amend">Propositions to repeal or amend the law</a> </span><br />
+<span class="i0">§&nbsp;88.&nbsp;<a href="#The_q">The question of slaves of rebels</a> </span><br />
+<span class="i3"> §&nbsp;89.&nbsp;<a href="#ry_at">Slavery attacked in Congress</a> </span><br />
+<span class="i5"> §&nbsp;90.&nbsp;<a href="#Confiscation_bills">Confiscation bills</a> </span><br />
+<span class="i5"> §&nbsp;91.&nbsp;<a href="#provisions_extended">Confiscation provisions extended</a> </span><br />
+<span class="i3"> §&nbsp;92.&nbsp;<a href="#the_E">Effect of the Emancipation Proclamation (1863)</a> </span><br />
+<span class="i0">§&nbsp;93.&nbsp;<a href="#in_lo">Fugitives in loyal slave States</a> </span><br />
+<span class="i3"> §&nbsp;94.&nbsp;<a href="#ypic">Typical cases</a> </span><br />
+<span class="i3"> §&nbsp;95.&nbsp;<a href="#discussed_in_Congress">Question discussed in Congress</a> </span><br />
+<span class="i3"> §&nbsp;96.&nbsp;<a href="#civil_officers">Arrests by civil officers</a> </span><br />
+<span class="i0">§&nbsp;97.&nbsp;<a href="#jails_in_the_District">Denial of the use of jails in the District of Columbia</a> </span><br />
+<span class="i3"> §&nbsp;98.&nbsp;<a href="#bia">Abolition of slavery in the District of Columbia</a> </span><br />
+<span class="i3"> §&nbsp;99.&nbsp;<a href="#s_aga">Regulations against kidnapping</a> </span><br />
+<span class="i0">§&nbsp;100.&nbsp;<a href="#al_of">Repeal of the Fugitive Slave Acts</a> </span><br />
+<span class="i3"> §&nbsp;101.&nbsp;<a href="#Early_propositions_to">Early propositions to repeal the acts</a> </span><br />
+<span class="i3"> §&nbsp;102.&nbsp;<a href="#ussi">Discussion of the repeal bill in the House</a> </span><br />
+<span class="i3"> §&nbsp;103.&nbsp;<a href="#in_the_Senate">Repeal bills in the Senate</a> </span><br />
+<span class="i3"> §&nbsp;104.&nbsp;<a href="#thirteenth">The repeal act and the thirteenth amendment</a> </span><br />
+<span class="i0">§&nbsp;105.&nbsp;<a href="#trov">Educating effect of the controversy</a> </span></p>
+
+<p>
+<span class="i0"><b>APPENDICES</b>.</span></p>
+
+<p><span class="i0"><a href="#APPENDIX_A">APPENDIX A.</a></span><br />
+<span class="i1">Colonial laws relative to fugitives </span><br />
+<span class="i0"> <a href="#APPENDIX_B">APPENDIX B.</a></span><br />
+<span class="i1">National acts and propositions relative to fugitive slaves (1778-1854) </span><br />
+<span class="i0"><a href="#APPENDIX_C">APPENDIX C.</a></span><br />
+<span class="i1">National acts and propositions relating to fugitive slaves (1860-1864) </span><br />
+<span class="i0"><a href="#APPENDIX_D">APPENDIX D.</a> </span><br />
+<span class="i1">List of important fugitive slave cases </span><br />
+<span class="i0"><a href="#APPENDIX_E">APPENDIX E.</a></span><br />
+<span class="i1">Bibliography of fugitive slave cases and fugitive slave legislation </span></p>
+
+<p><span class="i0"><a href="#INDEX"><small>INDEX.</small></a> </span></p>
+<p><span class="i0"><a href="#FOOTNOTES"><small>FOOTNOTES.</small></a> </span></p>
+</div>
+
+
+
+
+
+
+
+<h2><span><a id="CHAPTER_I"></a>CHAPTER I.</span>
+
+<span><i>LEGISLATION AND CASES BEFORE THE CONSTITUTION.</i></span></h2>
+
+
+<div class="poem"><p>
+<span class="i0">§&nbsp;1. <a href="#Elem">Elements of colonial slavery.</a></span><br />
+<span class="i0">§&nbsp;2. <a href="#egula">Regulations as to fugitives (1640-1700).</a></span><br />
+<span class="i0">§&nbsp;3. <a href="#Treatment_of_fugitives">Treatment of fugitives.</a></span><br />
+<span class="i0">§&nbsp;4. <a href="#Regulations_in_New_England">Regulations in New England colonies.</a></span><br />
+<span class="i3">§&nbsp;5. <a href="#Escapes_in_New_England">Escapes in New England: Attucks case.</a></span><br />
+<span class="i0">§&nbsp;6. <a href="#Dutch_regulations_in_New">Dutch regulations in New Netherlands.</a></span><br />
+<span class="i3">§&nbsp;7. <a href="#Escapes_from_New_Amsterdam">Escapes from New Amsterdam.</a></span><br />
+<span class="i0">§&nbsp;8. <a href="#al">Intercolonial regulations.</a></span><br />
+<span class="i3">§&nbsp;9. <a href="#Intercolonial_cases">Intercolonial cases.</a></span><br />
+<span class="i0">§&nbsp;10. <a href="#nter">International relations.</a></span><br />
+<span class="i3">§&nbsp;11. <a href="#International_cases">International cases.</a></span><br />
+<span class="i0">§&nbsp;12. <a href="#mother_country">Relations with the mother country.</a></span><br />
+<span class="i0">§&nbsp;13. <a href="#atio">Regulation under the Articles of Confederation (1781-1788).</a></span><br />
+<span class="i3">§&nbsp;14. <a href="#Ordinance_for_the_Northwest">Ordinance for the Northwest Territory (1787).</a></span><br />
+<span class="i0">§&nbsp;15. <a href="#giti">The Fugitive question in the Constitutional Conventions.</a></span></p>
+</div>
+
+<p><b>§&nbsp;1. <a id="Elem"></a>Elements of colonial slavery.</b>&mdash;By the middle of the seventeenth
+century, the settlements made in America by the English, Dutch, and
+Swedes were arranged for the most part in a line of little colonies
+closely following the Atlantic coast. To the west, wide forests and
+plains, broken only by the paths of the Indian, stretched on to the
+Pacific; while long intervals of unpopulated country separated the
+colonists on the north from the French in Canada, and on the south from
+the Spaniards in Florida.</p>
+
+<p>In all the colonies thus grouped together, the system of slavery had
+already become well established, and with its institution the question of
+the escape and return of the slaves had necessarily arisen. The
+conditions of the country, both physical and social, gave unusual
+facilities for flight. The wild woods, the Indian settlements, or the
+next colony, peopled by a foreign race, and perhaps as yet without firmly
+established government, offered to the slave a refuge and possibly
+protection. Escape, therefore, as a peculiar danger, demanded peculiar
+remedies. Though it is the purpose of this monograph not so much to study
+the detail of legislation or escape in the colonies as to deal
+with the period from 1789 to 1865, a slight sketch of the intercolonial
+laws and provisions which preceded and in part suggested later
+legislation will first be necessary.</p>
+
+<p>Almost immediately after the introduction of slavery, in 1619, we begin
+to find regulations made by the colonists upon this subject. At first
+they applied solely to their own territory, but soon agreements were
+entered into among several colonies, or between a colony and the Indians
+or the French in Canada. These acts and agreements recognized not only
+the negro, as at a later period, but also the white and the Indian slave.
+There existed in some of the colonies of this time a peculiar class of
+white people, who received no wages, and were bound to their <a id="masters"></a>masters.<sup class="topnum"><a href="#fn1">1</a></sup>
+Usually these redemptioners were laborers or handicraftsmen, but
+sometimes they were persons of education who had committed a crime, and
+were sold according to law for a term of years, or for life. One of the
+class is curiously connected with the education of no less a person than
+George Washington. An unpublished autobiography of the Reverend John
+Boucher, who from 1760 to the Revolution was a teacher and preacher in
+Virginia, contains the following paragraph noticing the fact:&mdash;</p>
+
+<div class="blockquot">
+<p>"Mr. Washington was the second of five sons, of parents distinguished
+neither for their rank nor fortune.... George, who, like most people
+thereabouts at that time, had no other education than reading, writing,
+and accounts, which he was taught by a convict servant whom his father
+bought for a schoolmaster, first set out in the world as a surveyor of
+Orange <a id="County"></a>County."<sup class="topnum"><a href="#fn2">2</a></sup></p>
+</div>
+
+<p><b>§&nbsp;2. R<a id="egula"></a>egulations as to fugitives.</b>&mdash;The earliest regulation upon this
+subject is found among the freedoms and exemptions granted by the West
+India Company, in 1629, "to all Patroons, Masters, or Private Persons"
+who would agree to settle in New Netherlands. The authorities promised to
+do all in their power to return to their masters any slaves or colonists
+fleeing from <a id="service"></a>service.<sup class="topnum"><a href="#fn3">3</a></sup></p>
+
+
+<p>A little later, the Swedish colonists in Pennsylvania asked from their
+government the same privilege of reclaiming <a id="ugi"></a>fugitives.<sup class="topnum"><a href="#fn4">4</a></sup> The preamble of
+an act against fugitives in East Jersey, in 1686, explains these
+provisions. They found that "the securing of such persons
+as Run
+away, or otherwise absent themselves from their master's lawfull
+Occasion," was "a material encouragement to such Persons as come into
+this country to settle Plantations and Populate the <a id="Province"></a>Province.<sup class="topnum"><a href="#fn5">5</a></sup> In many
+of the Southern colonies, as Maryland and South Carolina, so severe were
+the acts against this class of bound colonists that a runaway might be
+declared outlawed, and might rightfully be killed by any <a id="person"></a>person.<sup class="topnum"><a href="#fn6">6</a></sup></p>
+
+
+<h3><span>Treatment of the Fugitives.</span></h3>
+
+<p><b>§&nbsp;3. <a id="Treatment_of_fugitives"></a>Treatment of fugitives.</b>&mdash;From 1640 to 1700, laws were also passed in
+New Jersey, Maryland, South Carolina, and Virginia. It is not necessary
+to follow out the provisions <a id="he7"></a>here,<sup class="topnum"><a href="#fn7">7</a></sup> but each of the Southern colonies,
+as in later regulations, provided most minutely for all possible cases.
+By a Virginia law of 1642, all persons who entertained runaways, whether
+slaves or hired freemen, were to be fined twenty pounds of tobacco for
+each night's hospitality. The fugitives were to add to their tenure of
+service double their time of absence, and on a second offence to be
+branded with the letter <a id="R8"></a>R.<sup class="topnum"><a href="#fn8">8</a></sup></p>
+
+
+<p>A curious regulation in 1660-1, in Virginia, provided that if a negro and
+white bound servant ran away together, since the negro's time of
+servitude was for life, and he was therefore incapable of making up his
+lost time, the white servant's punishment should be doubled by adding the
+negro's sentence to his o<a id="wn9"></a>wn.<sup class="topnum"><a href="#fn9">9</a></sup> Another regulation, entitled "How to Know
+a Runaway," commanded that all recovered fugitives have their hair "cutt"
+close about their ea<a id="rs10"></a>rs.<sup class="topnum"><a href="#fn10">10</a></sup></p>
+
+<p>Sometimes the penalties were even more severe, but the processes were
+much the same. A person who found a slave or vagabond without a pass
+usually took him before the next justice, who took cognizance of the
+captor's good service, and certified it in the next Assembly: the runaway
+was then delivered from constable to constable, until he was returned to
+his master.</p>
+
+<p>After 1700 the process grows yet more elaborate; for example, take a
+North Carolina law of 1741. The securer of a runaway was to have seven
+shillings and sixpence proclamation money, and for every mile over ten
+which he conducted the fugitive threepence extra. When seized, runaways
+were to be whipped and placed in the county gaol. If the owner
+was known, he was notified and went for his slave; if not, a notice
+describing the runaway must be placed upon the door of the court-house,
+and sent to the clerk or reader of each church or chapel within the
+county. They were required to post all such notices every Lord's day for
+two months in some convenient place near the church. At the end of this
+time, should no claimant appear, the slave must be sent from constable to
+constable, till the public gaol of the government was reached. There,
+upon consent of the court or of two justices, he might be sold to hire by
+the gaol<a id="er11"></a>er.<sup class="topnum"><a href="#fn11">11</a></sup> The Maryland
+ Archives record that in 1669 ten thousand
+pounds of tobacco were appropriated to build one of these log-house gaols
+wherein fugitive servants might be lodg<a id="ed12"></a>ed.<sup class="topnum"><a href="#fn12">12</a></sup></p>
+
+<p><b>§&nbsp;4. <a id="Regulations_in_New_England"></a>Regulations in New England colonies.</b>&mdash;Let us turn now to the New
+England colonies. Here we must expect to find but few provisions, since
+the class of slaves and bound servants was so small that it could easily
+be controlled. The first law in Massachusetts Bay was passed in 1630, and
+was entitled, "An Act respecting Masters, Servants, and Laborers." In
+accordance with the arbitrary methods of government then pursued, it
+included not only runaway servants, but also any persons who should
+"privily go away with suspicion of evil intention," and ordered the
+magistrate "to press men, boats, or pinnaces," and "to bring them back by
+force of arms." A humane provision, usually wanting in Southern laws,
+though also found in New Netherlands, declared that, whenever servants
+fled on account of the tyranny of their masters, they should be protected
+until measures for their relief could be <a id="taken13"></a>taken.<sup class="topnum"><a href="#fn13">13</a></sup></p>
+
+<p>In Connecticut and New Hampshire similar laws were passed, and in 1707
+Massachusetts Bay, in regulating the free negro population, enacted that
+every freeman or mulatto who should harbor a negro servant in his house
+without his owner's consent should pay five shillings for the use of the
+poor of the <a id="town14"></a>town.<sup class="topnum"><a href="#fn14">14</a></sup></p>
+
+<p>In those days, when bridges were few, the ferrymen were apparently much
+relied upon as agents to detect and apprehend runaways. In 1714 we find
+that several negro slaves had been carried over ferries, and thus escaped
+out of Rhode Island. The Assembly therefore 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." All persons
+were also commanded to take up any slave they might find travelling about
+without a <a id="pass15"></a>pass.<sup class="topnum"><a href="#fn15">15</a></sup></p>
+
+
+
+
+<h3><span>Escapes in New England.</span></h3>
+
+
+<p><b>§&nbsp;5. <a id="Escapes_in_New_England"></a>Escapes in New England: Attucks case.</b>&mdash;Although we do not find
+records of fugitive slave cases tried at this time within the New England
+colonies, advertisements of runaways exist in sufficient numbers to prove
+that escapes were common. It seems probable, therefore, that the return
+of a slave when within his own colony was taken as a matter of course,
+and roused so little opposition, and required so simple a process at law,
+that matters concerning it would seldom find mention in the chronicles of
+the time. Here is a typical advertisement:&mdash;</p>
+
+<div class="blockquot">
+ <p> "Ran away from Samuel Gilbert of Littleton, an indentured Servant
+ Boy, named Samuel Gilson, about 17&nbsp;years old, of a middling Stature
+ for his Age, and wears black curled Hair, he carried away with him a
+ blue cloth Coat, a light colored Jacket with sleeves, one pair of
+ worsted Stockings, two striped woolen Shirts, and one good linnen
+ Shirt. He went away in company with a short thick set Fellow, who
+ wore a green coat and a green Jacket double breasted, also a pair
+ Indian green Stockings. Whoever shall take up and secure, or give
+ information of said runaway, so that his master may find him again,
+ shall receive a Reward of two dollars and all necessary charges from</p>
+<p class="ralign5"> <span class="smcap">Samuel Gilbert.</span></p>
+<p> "All masters of vessels and others are cautioned against harboring,"
+ <a id="etc16"></a>etc.<sup class="topnum"><a href="#fn16">16</a></sup></p></div>
+
+
+
+<p>Again a case interesting not only as an illustration of the customs of
+the time, but also because the fugitive himself bears a name known to
+history in another connection, is noticed in the Boston Gazette of 1750.
+Here is advertised as escaping, October 2, 1750, from his master, William
+Browne of Framingham, Massachusetts, "A molatto fellow about twenty-seven
+years of age, named Crispus." After describing his clothing and
+appearance, a reward of ten pounds, old tenor, is offered for his return,
+and "all masters of vessels and others are cautioned against concealing said servant on penalty of <a id="law17"></a>law."<sup class="topnum"><a href="#fn17">17</a></sup> Tradition has it,
+however, that he was never arrested, but returned of his own accord after
+a short time, and was for the next twenty years a faithful s<a id="erv18"></a>ervant.<sup class="topnum"><a href="#fn18">18</a></sup>
+Then, in 1770, presumably while in town upon one of the expeditions he
+often undertook to buy and sell cattle for his master, he was drawn into
+the Boston Massacre of Ma<a id="rch19"></a>rch 5.<sup class="topnum"><a href="#fn19">19</a></sup></p>
+
+
+<p>A somewhat famous case, which also occurred in Massachusetts, though many
+years later, may here be mentioned. About 1769 one Rotch, a Quaker, and
+therefore probably opposed to slavery, received on board the whaler
+Friendship a young negro boy named Boston, belonging to the heirs of
+William Swain. At the end of the voyage his master, John Swain, brought
+action in the court of Nantucket against Captain Folger for the recovery
+of the slave; the jury, whether from lack of evidence or from sympathy
+cannot be determined, returned a verdict in favor of the d<a id="efenda20"></a>efendant.<sup class="topnum"><a href="#fn20">20</a></sup></p>
+
+
+
+
+<h3><span>Dutch and Intercolonial Regulations.</span></h3>
+
+<p><b>§&nbsp;6. <a id="Dutch_regulations_in_New"></a>Dutch regulations in New Netherlands.</b>&mdash;The early New Netherlands
+regulations furnish many interesting provisions concerning fugitive
+servants. Apparently the servile class was numerous, and hard to govern.
+In the words of the ordinance of 1640, "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 standstill, which tends to the serious injury of this country, to
+their masters' ruin, and to bring the magistracy into contempt." It was
+therefore ordained that runaways must, at the end of their term of
+indenture, serve double the time of their absence, and make good all loss
+and damage to their masters; while persons harboring fugitives were
+obliged to pay a fine of fifty <a id="guilders21"></a>guilders.<sup class="topnum"><a href="#fn21">21</a></sup></p>
+
+<p><b>§&nbsp;7. <a id="Escapes_from_New_Amsterdam"></a>Escapes from New Amsterdam.</b>&mdash;Within these Dutch colonies there is
+recorded a case of escape as early as 1659. Four menservants of Cornelis
+Herperts de Jager, of New Amsterdam, ran away to Manhattan. One of them
+soon returned, and in accordance with the regulation made in 1630 by the
+West India <a id="Company22"></a>Company,<sup class="topnum"><a href="#fn22">22</a></sup> requiring the return of fugitives in
+their various settlements, one of the officers of the colony sent to
+Manhattan an order to arrest and bring back the remaining three in
+<a id="chains23"></a>chains.<sup class="topnum"><a href="#fn23">23</a></sup></p>
+
+
+<p><b>§&nbsp;8. Intercoloni<a id="al"></a>al regulations.</b>&mdash;It will be seen that most of the
+colonies considered some provision against runaways necessary to the
+welfare of the settlements. To secure such legislation in a single colony
+was a comparatively easy matter; but the unorganized and sparsely settled
+condition of the country rendered any intercolonial regulations
+difficult.</p>
+
+<p>The first formal agreement of this kind was arranged by the New England
+Confederation of Plymouth, Massachusetts, Connecticut, and New Haven, in
+1643. In their Articles of Confederation was a clause which promised: "If
+any servant runn away from his master into any other of these
+confederated Jurisdiccons, That in such Case vpon the Certyficate of one
+Majistrate in the Jurisdiccon out of which the said servant fled, or upon
+other due proofe, the said servant shall be deliuered either to his
+Master or any other that pursues and brings such Certificate <a id="or24"></a>or
+<sup class="topnum"><a href="#fn24">24</a></sup> This clause contains the earliest statement of the
+principles regarding the treatment of fugitive slave cases, afterward
+carried out in the United States statutes of 1787, 1793, and 1850. There
+was no trial by jury, but the certificate of a magistrate was sufficient
+evidence to convict the runaway.</p>
+
+
+<p>It is probable, also, that the rendition of fugitives was considered a
+duty incumbent upon all colonies, whatever their relation to each other,
+since about this time we find an agreement made for the mutual surrender
+of fugitives between the Dutch at New Netherlands and the English at New
+<a id="Haven25"></a>Haven.<sup class="topnum"><a href="#fn25">25</a></sup></p>
+
+<p>Not only did the slaves of the Dutch escape to the English colonies, but
+they often fled to the forests, where recovery must have been almost
+impossible unless the Indians could be induced to hunt them out. Curious
+rewards were sometimes offered. Maryland, in 1669, ordered that any
+Indian who shall apprehend a fugitive may have a "match coate," or its
+<a id="value26"></a>value.<sup class="topnum"><a href="#fn26">26</a></sup> Virginia would give "20 armes length of Roanoke," or
+its <a id="value27"></a>value,<sup class="topnum"><a href="#fn27">27</a></sup> while in Connecticut "two yards of cloth" was considered
+sufficient <a id="inducement28"></a>inducement.<sup class="topnum"><a href="#fn28">28</a></sup></p>
+
+<p>We have record of several conferences upon this subject. Governor Burnett
+of New York asked his Indians to exert themselves in behalf of the
+Governor of Virginia, who had written to him about the escape of several
+of his negro servants to the mountains. The Indians promised their help
+in this and any other search; but as they seldom seem to have succeeded,
+it is probable that their sympathy was with the <a id="fugitives29"></a>fugitives.<sup class="topnum"><a href="#fn29">29</a></sup> Again
+Governor Burnett demanded the restoration of a certain Indian slave whom
+they had kidnapped from the English. The Indians acknowledged the fact,
+but they said that he was then sold to others, and nothing further could
+be <a id="done30"></a>done.<sup class="topnum"><a href="#fn30">30</a></sup></p>
+
+<p>Canada even in these early times seems also to have been a haven for
+fugitives. In 1705 New York passed an act, which was renewed in 1715, to
+prevent slaves running away from frontier towns like Albany to Canada,
+because it was of great importance, they said, in time of war, "that no
+Intelligence be carried from the said city and county to the French in
+<a id="Canada31"></a>Canada."<sup class="topnum"><a href="#fn31">31</a></sup></p>
+
+<p>During all this time the Southern colonies, especially the Carolinas and
+Georgia, were also making many complaints in regard to the difficulty
+they had in recovering the fugitives, both Indian and negro, who were
+escaping in large numbers into Florida. There, among the Creek Indians
+and the Spanish at St. Augustine, they easily found <a id="refuge32"></a>refuge.<sup class="topnum"><a href="#fn32">32</a></sup> This
+difficulty was, however, not remedied in colonial times, but continued
+long after the formation of the Federal Union, and in fact until the
+close of the Seminole war, in 1845.</p>
+
+
+
+<h3><span>Intercolonial Cases.</span></h3>
+
+<p><b>§&nbsp;9. <a id="Intercolonial_cases"></a>Intercolonial cases.</b>&mdash;When, as was often the case, no agreement upon
+the return of fugitives had been arranged between the colonies, the
+rendition of a slave depended wholly upon the state of feeling existing
+between the two peoples, and sometimes became an important question.
+Between the New England colonies no cases have been found recorded,
+although we infer that there must have been reason for the
+insertion of a fugitive slave clause in the Articles of Confederation<a id="of33"></a> of
+1643.<sup class="topnum"><a href="#fn33">33</a></sup></p>
+
+<p>Of other early cases one of the most interesting is the escape from
+Virginia of four Englishmen belonging to the class of bound servants.
+They rowed in a small boat up the coast as far as Cape May, where they
+<a id="landed34"></a>landed.<sup class="topnum"><a href="#fn34">34</a></sup> They soon found themselves objects of suspicion with the
+people, and, as was a common practice, took refuge among the Indians.
+About a year afterward their masters tracked them to their place of
+refuge, and captured two of them, but the others were again beyond reach.
+The Indians, who evidently did not always befriend runaways, had just
+sold one of them, William Browne, to a Swede, and Browne, learning of his
+former master's appearance, had found opportunity to escape. The fourth
+of the fugitives was still among the Mantas, and could not be secured. Of
+the two recaptured, one was returned without trouble, but the other,
+Turc, who had just entered the service of a certain Pieter Aldrich,
+resisted his captors. A struggle took place upon the boat in which they
+were carrying him away. After wounding three of his guards, he succeeded
+in making his escape, only to be recaptured almost immediately. When
+tried for the deed at New Amsterdam, he received a death <a id="sentence35"></a>sentence.<sup class="topnum"><a href="#fn35">35</a></sup> In
+this case, one of the most complete in detail left to us, may be found,
+in the incidents of escape, pursuit, resistance, and final rendition, all
+the features of the later fugitive slave cases. It is also an example
+wherein the laws of the period, which required the rendition of a bound
+white man in the same manner as a negro slave, were strictly carried out:
+and in the diverse fates of the four men we find instances probably
+typical of the fortunes of most fugitives of the time.</p>
+
+
+<p><b>§&nbsp;10. I<a id="nter"></a>nternational relations.</b>&mdash;The proximity of the French, Spanish, and
+Dutch settlements led to escapes from the colonies of one power into
+those of another. All were slaveholding communities, and there was no
+disposition to shield a slave because his lot was a hard one; but the
+distrust and enmity between neighboring colonies owing allegiance to
+different sovereigns caused such escapes to lead to petty quarrels. There
+was no system of extradition treaties; in fact, there was as yet little
+international law. Fugitives were demanded as an act of comity,
+and sometimes their delivery was refused. It was hardly a subject on
+which the home governments bestirred themselves. The colonies were left
+to make their own agreements, or to settle their own disagreements.</p>
+
+<h3><span>International Cases.</span></h3>
+
+<p><b>§&nbsp;11. <a id="International_cases"></a>International cases.</b>&mdash;Thus far only those cases have been noticed
+which arose within and between colonies of the same nation. Let us now
+consider a very early case of disagreement between colonies of different
+nations, which occurred in 1646. The commissioners of the United Colonies
+made complaint to the Governor of New Netherlands that his Dutch agent at
+Hartford was harboring one of their Indian slaves. Soon after, Governor
+Stuyvesant was refused the return of some of his runaway servants from
+New Haven. Thereupon the angry Lords of the West India Company issued a
+proclamation commanding that there should be no rendition of fugitive
+slaves to New Haven. This provision continued in effect until Governor
+Elton sent back some of the fugitives to New Netherlands. It was then
+annulled, and a mutual agreement to return the runaways was entered into
+by the United Colonies and the <a id="Dutch36"></a>Dutch.<sup class="topnum"><a href="#fn36">36</a></sup> Governor John Winthrop, in his
+History of New England, refers to the case, and says that Massachusetts
+Bay endeavored to bring about a reconciliation, and wrote to the Governor
+of New Netherlands intimating to him that "at their request he might send
+back the fugitives without prejudice to their right or <a id="reputation37"></a>reputation."<sup class="topnum"><a href="#fn37">37</a></sup></p>
+
+<p>Maryland also found difficulty, from the readiness with which her
+servants could flee north to New Netherlands. In the State Archives may
+be found a letter sent by the authorities to the Governor of New
+Netherlands, as follows:&mdash;</p>
+
+
+<div class="blockquot">
+<p> "<span class="smcap">Sir</span>,&mdash;Some servants being lately fledd out of this colony, into
+ yours, as is supposed, we could not promise ourselves from you that
+ justice &amp; faire correspondence betweene the two governments so neerly
+ bordering &amp; which are shortly like to be nearer neighbors in delaware
+ bay, as to hope that vpon the receiving of these Outres &amp; the demand
+ of the parties interessted you will remand to us all such apprentice
+ servants as are or shall run out of this government into yours; and
+ will compell such other persons, as shall flie to you without a passe,
+ being indebted or otherwise obnoxious to the justice of this
+ place, to make such satisfaction to the parties endamaged by their
+ unlawful departure, upon their complaints and proofe thereof, as you
+ shall find justice to require. And you may promise yourself the like
+ helpe and concurrence from this governm't in that or any other thing
+ as shalbe in the power of it: And so we bid you heartilly farewell&nbsp;&amp;&nbsp;rest.</p>
+
+ <p> "To the hon'ble the Governor of the New <a id="Netherlands38"></a>Netherlands."<sup class="topnum"><a href="#fn38">38</a></sup></p>
+</div>
+
+
+<p>In 1659 the Dutch had occasion to ask the same favor of Maryland. Whether
+there had been trouble between the colonies since the earlier letter we
+do not know, but the spirit of the communication was quite different.
+Instead of assurances of good will, and expressions of a belief in the
+certainty of peaceful return, the Dutch threatened, if their servants
+were not secured to them, "to publish free liberty, access and recess to
+all planters, servants, negroes, fugitives, and runaways which may go
+into New <a id="Netherland39"></a>Netherland."<sup class="topnum"><a href="#fn39">39</a></sup></p>
+
+<p>Trouble was also constantly arising between the French and English, or
+French and Dutch, in regard to the many runaways who fled from the
+Eastern colonies northward to Canada. In 1750 there was a dispute about a
+certain negro belonging to the English, but at that time in possession of
+the Sieur de la Corne St. Luc; and, in a letter to a friend, one of the
+officers of the colony makes the following explanation concerning them:
+"In regard to the negro in possession of Sieur de la Corne St. Luc I
+thought proper not to send him back every negro being a slave wherever he
+be. Besides, I am only doing what the English did in 1747. Ensign de
+Malbronne on board Le Screux had a negro servant who was at first taken
+from him; I took pains to reclaim him, but the English refused to
+surrender him on ground as <a id="above40"></a>above."<sup class="topnum"><a href="#fn40">40</a></sup></p>
+
+
+<p><b>§&nbsp;12. Relations with the <a id="mother_country"></a>mother country.</b>&mdash;With only one country across
+the sea was any question of fugitives likely to arise. In England white
+slavery had long since died out, except as a punishment for crime;
+villeinage ceased about the time the colonies were settled. But the
+status of black slaves who were taken from the colonies to England was in
+practice unchanged.</p>
+
+<p>The principle thus apparently established by custom was overthrown by a
+succession of legal decisions, culminating in the famous
+Somersett Case. It was first decided by Thomas Grahame, judge in the
+Admiralty Court, Glasgow, that a certain negro who had been brought into
+Great Britain must be liberated, on the ground that a guiltless human
+being taken into that country must be <a id="free41"></a>free.<sup class="topnum"><a href="#fn41">41</a></sup> In 1762 occurred another
+similar case. A bill had been filed in equity by an administrator to
+recover money given by his intestate to a negro brought to England as a
+slave. The suit was dismissed by Lord Northington, who said that as soon
+as a man set foot on English ground he was <a id="free42"></a>free.<sup class="topnum"><a href="#fn42">42</a></sup></p>
+
+<p>The Somersett case came ten years later. The circumstances were as
+follows. A Mr. Stewart, accompanied by his slave Somersett, left Boston
+on the 1st of October, 1769, and went to London, where he kept his slave
+until October 1, 1771. Then Somersett ran away, but his owner soon
+secured him and had him placed on board a vessel bound for Jamaica,
+probably with the intention of selling him as a slave. A writ of habeas
+corpus was then served upon the captain of the ship, and on the hearing
+Lord Mansfield decided that Somersett must be discharged. In England, he
+said, slavery could exist only by positive law; and in default of such
+law there was no legal machinery for depriving a man of his liberty on
+the ground that he was a slave. The importance of the case for the
+colonies lay not in the assertion of the principle that slavery depended
+on positive law, for the American statute-books were full of positive law
+on slavery; the precedent thus established determined the future course
+of England against the delivery of fugitives, whether from her colonies
+or from other <a id="countries43"></a>countries.<sup class="topnum"><a href="#fn43">43</a></sup></p>
+
+
+<p><b>§&nbsp;13. Intern<a id="atio"></a>ational regulations under the Articles of Confederation
+(1781-1788).</b>&mdash;When, on March 1, 1781, the Articles of Confederation went
+into effect, the only action taken by the United States on the subject of
+fugitives had been the negotiation of a treaty with the Delaware Indians,
+August 7, 1778, by which the parties bound themselves not "to protect in
+their respective States criminal fugitives, servants, or slaves, but the
+same to apprehend, secure, and <a id="deliver44"></a>deliver."<sup class="topnum"><a href="#fn44">44</a></sup> In seven of the
+eight other treaties negotiated with Indian tribes from 1784 to 1786,
+clauses were introduced for the return of black prisoners, or of "negroes
+and other <a id="property45"></a>property."<sup class="topnum"><a href="#fn45">45</a></sup> The States affected were chiefly Southern; but
+the article on the same subject in the Treaty of Peace in 1782 and 1783,
+was intended as much to protect the slaveholders of New York as those of
+Virginia. It was distinctly agreed that the British should not carry away
+"any negroes or other <a id="property46"></a>property."<sup class="topnum"><a href="#fn46">46</a></sup> The failure to abide by this
+agreement led to reclamation by the American government, but no indemnity
+was ever <a id="secured47"></a>secured.<sup class="topnum"><a href="#fn47">47</a></sup></p>
+
+
+
+<h3><span>English Law. Northwest Ordinance.</span></h3>
+
+<p><b>§&nbsp;14. <a id="Ordinance_for_the_Northwest"></a>Ordinance for the Northwest Territory.</b>&mdash;Since all the thirteen
+colonies recognized slavery, the Revolution made no difference in any
+previous intercolonial practice as to the delivery of slaves; in framing
+the Articles of Confederation no clause on the subject was thought
+necessary. The precedent of the New England Confederation was forgotten
+or ignored. But the action of the States of Vermont, Pennsylvania,
+Massachusetts, Connecticut, and Rhode Island, in taking steps toward
+immediate or gradual emancipation, from 1777 to 1784, brought up a new
+question,&mdash;the status of fugitives in free regions. Before the change of
+conditions in the States was completely understood, the same question had
+arisen in the Western territories. Jefferson, in 1784, proposed to draw a
+north and south line through the mouth of the Kanawha, west of which
+there should be no slavery <a id="after48"></a>after 1800.<sup class="topnum"><a href="#fn48">48</a></sup> The next year a Northern man
+proposed a similar limitation in the territory north of the Ohio, and
+added a clause for the return of fugitive slaves to the original slave
+<a id="States49"></a>States.<sup class="topnum"><a href="#fn49">49</a></sup> Neither of these two propositions was carried, but the
+principles both of exclusion of slavery and of the return of fugitives
+appear in the Northwest Ordinance of 1787, the first legislation by
+Congress looking toward the surrender of fugitives by any Territory or
+State. In providing a government for the new Territory, it was enacted,
+July 13, 1787, 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 as <a id="aforesaid50"></a>aforesaid."<sup class="topnum"><a href="#fn50">50</a></sup> The fugitive
+clause seems to have provoked no discussion, but to have been accepted as
+a reasonable condition of the limitation of slavery.</p>
+
+
+
+<h3><span>Fugitive Question in Constitutional Conventions.</span></h3>
+
+<p><b>§&nbsp;15. The Fu<a id="giti"></a>gitive question in the Constitutional Conventions.</b>&mdash;While the
+Northwest Ordinance was passing through Congress, the Philadelphia
+Convention was framing a new Constitution, and the return of fugitives
+was again eagerly insisted upon by the slave States. The necessity of
+some positive stipulation that fugitives should be returned was felt to
+be even more necessary in a Constitution meant permanently to bind
+together a free and a slaveholding section. The only debate of which we
+have a record occurred August 28, 1787. Mr. Butler of North Carolina
+pressed the point in behalf of the Southern States. To his first
+proposition, "that fugitive slaves and servants be delivered up like
+<a id="criminals51"></a>criminals,"<sup class="topnum"><a href="#fn51">51</a></sup> Mr. Wilson objected; he saw no reason for obliging the
+state to arrest fugitives at public expense, while Mr. Sherman saw no
+more propriety in the public seizing and surrendering a slave or servant
+than a <a id="horse52"></a>horse.<sup class="topnum"><a href="#fn52">52</a></sup> Mr. Butler therefore withdrew the proposition. He soon
+introduced a more particular provision, which was accepted and inserted
+in the Constitution, as follows:&mdash;</p>
+<div class="blockquot">
+<p><span class="smcap">"No person held to Service or Labour 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 Labour, but shall
+be delivered up on Claim of the Party to whom such Service or Labour may
+be <a id="due53"></a>due."</span><sup class="topnum"><a href="#fn53">53</a></sup></p>
+</div>
+
+<p>In the various Constitutional Conventions, there was little discussion
+upon the matter. The Southern States in general considered the clause
+sufficient to protect their property. General Charles C. Pinckney, in
+South Carolina, said: "We have obtained the right to recover our slaves
+in whatever part of America they may take refuge, which is a right we
+have not had before. In short, considering all circumstances, we have
+made the best terms for the security of this species of property it was
+in our power to make. We would have made better if we could, but on the
+whole I do not think them <a id="bad54"></a>bad."<sup class="topnum"><a href="#fn54">54</a></sup>
+ In North Carolina, Mr.
+Iredell explained to the Convention that the Northern delegates, owing to
+their peculiar scruples on the subject of slavery, did not choose the
+word "slave" to be mentioned; but since the present laws were so
+prejudicial to the inhabitants of the Southern States, some such clause
+was <a id="necessary55"></a>necessary.<sup class="topnum"><a href="#fn55">55</a></sup> In Virginia, Mr. Grayson discussed the provision
+giving Congress exclusive legislation over ten square miles surrounding
+the capital. It seemed to him that, unless the ten miles square be
+considered a State, "persons bound to labor who shall escape thereto will
+not be given up. For they are only to be delivered up after they shall
+have escaped into a <a id="State56"></a>State."<sup class="topnum"><a href="#fn56">56</a></sup> This objection, though perfectly good at
+the time, was later overcome by the adoption by Congress of the laws of
+Maryland for the regulation of the District of Columbia, whereby it was
+made slave territory. Mr. Mason did not think the clause provided
+sufficiently for the protection of their <a id="slaves57"></a>slaves,<sup class="topnum"><a href="#fn57">57</a></sup> but Mr. Madison
+urged its adoption, as a better security than anything they then <a id="had58"></a>had.<sup class="topnum"><a href="#fn58">58</a></sup></p>
+
+<p>In the North, there was apparently no discussion upon this article.
+Everywhere, however, it was thought that without such a clause the
+Southern States would not consent to the Union, and, in a spirit of
+compromise, the provision was accepted.</p>
+
+
+
+
+
+
+<h2><span><a id="CHAPTER_II"></a>CHAPTER II.</span>
+
+<span><i>LEGISLATION FROM 1789 TO 1850.</i></span></h2>
+
+
+
+<div class="poem"><p>
+<span class="i0">§ 16. <a href="#Effe">Effect of the fugitive slave clause in the Constitution.</a></span><br />
+<span class="i0">§&nbsp;17. <a href="#The_first">The first Fugitive Slave Act (1793).</a></span><br />
+<span class="i3"> §&nbsp;18. <a href="#Disc">Discussion of the first act.</a></span><br />
+<span class="i0">§&nbsp;19. <a href="#Propositions_of_1797">Propositions of 1797 and 1802.</a></span><br />
+<span class="i0">§&nbsp;20. <a href="#Propositions_from_1817">Propositions from 1817 to 1822.</a></span><br />
+<span class="i0">§&nbsp;21. <a href="#Missouri_Compromise">Period of the Missouri Compromise (1819-1822).</a></span><br />
+<span class="i0">§&nbsp;22. <a href="#atus">Status of the question from 1823 to 1847.</a></span><br />
+<span class="i3">§&nbsp;23. <a href="#Canada_and_Mexico_places_of_refuge">Canada and Mexico places of refuge.</a></span><br />
+<span class="i3">§&nbsp;24. <a href="#on_the_high_seas">Status of fugitives on the high seas.</a></span><br />
+<span class="i0">§&nbsp;25. <a href="#app">Kidnapping from 1793 to 1850: Prigg case.</a></span><br />
+<span class="i0">§&nbsp;26. <a href="#Nece">Necessity of more stringent fugitive slave provisions.</a></span><br />
+<span class="i3"> §&nbsp;27. <a href="#cti">Action of Congress from 1847 to 1850.</a></span><br />
+<span class="i3"> §&nbsp;28. <a href="#in_the_District">Slavery in the District of Columbia.</a></span><br />
+<span class="i0">§&nbsp;29. <a href="#Act_1850">The second Fugitive Slave Act (1850).</a></span><br />
+<span class="i3"> §&nbsp;30. <a href="#Provisions_of_the_second">Provisions of the second Fugitive Slave Act.</a></span><br />
+<span class="i3"> §&nbsp;31. <a href="#ts_fo">Arguments for the bill.</a></span><br />
+<span class="i3"> §&nbsp;32. <a href="#ts_ag">Arguments against the bill.</a></span></p>
+</div>
+<p><b>§&nbsp;16. <a id="Effe"></a>Effect of the fugitive slave clause in the Constitution.</b>&mdash;By
+obtaining in the Constitution the insertion of a clause requiring the
+return of fugitives, a great step for the advancement of the interests of
+slavery had been taken. For this embodiment in the Constitution ever
+afterward formed a basis for the slaveholder's argument that the
+Constitution recognized and defended slavery, and was a justification to
+Northern men in their support of the later fugitive slave laws.</p>
+
+<p>Although the clause did not in terms apply to the Territories, the
+Ordinance of 1787 was, on August 7, 1789, confirmed in terms which by
+implication continued the sixth article, including the rendition of
+<a id="slaves59"></a>slaves;<sup class="topnum"><a href="#fn59">59</a></sup> and in the earliest treaties made by the United States with
+Indian tribes, under the new Constitution, the return of negroes was
+expressly <a id="required60"></a>required.<sup class="topnum"><a href="#fn60">60</a></sup></p>
+
+
+
+
+
+<h3><span>The First Fugitive Slave Act.</span></h3>
+
+<p><b>§&nbsp;17. <a id="The_first"></a>The first Fugitive Slave Act (1793).</b>&mdash;For some time, however, the
+provision of the Constitution remained unexecuted; and it is a
+striking fact that the call for legislation came not from the South, but
+from a free State; and that it was provoked, not by fugitive slaves, but
+by kidnappers. The case seemed to suggest that an act of Congress was
+necessary, more definite in conditions and detail than the provision of
+the Constitution.</p>
+
+<p>A free negro named John was seized at Washington, Pennsylvania, in 1791,
+and taken to Virginia. The Governor of Pennsylvania, at the instigation
+of the Society for the Abolition of Slavery, asked the return of the
+three kidnappers; but the Governor of Virginia replied that, since there
+was no national law touching such a case, he could not carry out the
+<a id="request61"></a>request.<sup class="topnum"><a href="#fn61">61</a></sup></p>
+
+<p>On the matter being brought to the notice of Congress by the Governor of
+<a id="Pennsylvania62"></a>Pennsylvania,<sup class="topnum"><a href="#fn62">62</a></sup> a Committee, consisting of Mr. Sedgwick, Mr. Bourne of
+Massachusetts, and Mr. White, was appointed in the House of
+Representatives to bring in a bill or bills "providing the means by which
+persons charged in any State with treason, felony, or other crime, who
+shall flee from justice, shall, on the demand of the executive authority
+of the State from which they fled, be delivered up, to be removed to the
+State having jurisdiction of the crime; also providing the mode by which
+a person held to service or labor in one State under the laws thereof,
+escaping into another, shall be delivered up on the claim of the party to
+whom such service or labor may be <a id="due63"></a>due."<sup class="topnum"><a href="#fn63">63</a></sup></p>
+
+<p>A bill prepared by the House committee, of which Mr. Sedgwick was
+chairman, was reported, <a id="November64"></a>November 15, 1791;<sup class="topnum"><a href="#fn64">64</a></sup> but for some reason which
+does not appear, it was dropped, and a Senate committee, of which Calvert
+was chairman, was appointed, March 30, 1792, "to consider the expediency
+[of] a bill respecting fugitives from justice and from the service of
+their <a id="masters65"></a>masters."<sup class="topnum"><a href="#fn65">65</a></sup> Nothing was done during this session, and, November
+22, 1792, a second Senate committee was appointed, consisting of
+Johnston, Calvert, and <a id="Read66"></a>Read,<sup class="topnum"><a href="#fn66">66</a></sup> and they submitted
+ a bill, <a id="December67"></a>December 20, 1792.<sup class="topnum"><a href="#fn67">67</a></sup> Unfortunately, we have no details of the debate; but on
+December 28, a third Senate committee was appointed by adding
+Taylor and Sherman to the committee of November 22, and to them the bill
+was recommitted with instructions to <a id="amend68"></a>amend.<sup class="topnum"><a href="#fn68">68</a></sup> At last, January 3, 1793,
+the bill was reported in a form not unlike that finally agreed <a id="upon69"></a>upon.<sup class="topnum"><a href="#fn69">69</a></sup>
+Of the amendments offered, the text of only one is preserved in the
+Journals; it was for the insertion of a less sum than five hundred
+dollars as the penalty for harboring a fugitive, or resisting his
+<a id="arrest70"></a>arrest.<sup class="topnum"><a href="#fn70">70</a></sup> It was not adopted. After two debates, of which we have no
+record, the bill passed the Senate, <a id="January71"></a>January 18.<sup class="topnum"><a href="#fn71">71</a></sup> In the House it seems
+to have elicited little discussion, and it passed, February 5, by a vote
+of 48 <a id="to72"></a>to 7.<sup class="topnum"><a href="#fn72">72</a></sup> The bill became law by the signature of the President,
+<a id="February73"></a>February 12, 1793.<sup class="topnum"><a href="#fn73">73</a></sup></p>
+
+<p>In thus uniting with the clause providing for the extradition of
+fugitives from justice one requiring the return of fugitive slaves,
+Congress was but following examples set in 1643 by the Articles of
+<a id="Confederation74"></a>Confederation,<sup class="topnum"><a href="#fn74">74</a></sup> and again
+ in 1787 by the <a id="Constitution75"></a>Constitution.<sup class="topnum"><a href="#fn75">75</a></sup> From the
+scanty records, it is possible to discern only that there was serious
+difference of opinion in the Senate, and that the measure finally adopted
+was probably a compromise. In the one amendment stated, there is a faint
+protest against the harshness of the <a id="law76"></a>law.<sup class="topnum"><a href="#fn76">76</a></sup></p>
+
+
+<p><b>§&nbsp;18. <a id="Disc"></a>Discussion of the first act.</b>&mdash;The provisions of the act of 1793 are
+quoted <a id="elsewhere77"></a>elsewhere;<sup class="topnum"><a href="#fn77">77</a></sup> their purport was as follows. The act provided at
+the same time for the recovery of fugitives from justice and from labor;
+but the alleged criminal was to have a protection through the requirement
+of a requisition, a protection denied to the man on trial for his liberty
+only. The act was applicable to fugitive apprentices as well as to
+slaves, a provision of some importance at the time. In the Northwest
+Territory there were so-called negro apprentices, who were
+virtually slaves, and to whom the law applied, since it was in terms
+extended to all the Territories. Proceedings began with the forcible
+seizure of the alleged fugitive.</p>
+
+<p>The act, it will be observed, does not admit a trial by jury. It allowed
+the owner of the slave, his agent or attorney, to seize the fugitive and
+take him before any judge of a United States Circuit or District Court,
+or any local <a id="magistrate78"></a>magistrate.<sup class="topnum"><a href="#fn78">78</a></sup> The only requirement for the conviction of
+the slave was the testimony of his master, or the affidavit of some
+magistrate in the State from which he came, certifying that such a person
+had escaped. Hindering arrest or harboring a slave was punishable by a
+fine of five hundred dollars. The law thus established a system allowing
+the greatest harshness to the slave and every favor to the master. Even
+at that time, when persons might still be born slaves in New York and New
+Jersey, and gradual emancipation had not yet taken full effect in Rhode
+Island and Connecticut, it was repellent to the popular sense of justice;
+there were two cases of resistance to the principle of the act before the
+close <a id="of79"></a>of 1793.<sup class="topnum"><a href="#fn79">79</a></sup></p>
+
+
+
+
+<h3><span>Propositions of 1797 and 1802.</span></h3>
+
+<p><b>§&nbsp;19. <a id="Propositions_of_1797"></a>Propositions of 1797 and 1802.</b>&mdash;Until 1850 no further law upon this
+subject was passed, but as the provisions of 1793 were found ineffectual,
+many attempts at amendment were made. In 1796 a troublesome question
+arose out of the seizure, under the act of 1793, of four negroes who had
+been manumitted in North Carolina. A retroactive act of that State had
+declared them slaves again, and they had fled to Philadelphia where they
+were arrested. January 30, 1797, they petitioned Congress for relief, and
+after an exciting debate the House by a vote of 50 to 33 refused to
+receive the <a id="petition80"></a>petition.<sup class="topnum"><a href="#fn80">80</a></sup> There is nothing in the scanty records which
+connects this case or petition with an attempt to amend the act; but it
+is altogether likely that it occasioned Murray's motion of December 29,
+1796, for a committee to report on alterations of the <a id="law81"></a>law;<sup class="topnum"><a href="#fn81">81</a></sup> and that
+it led to the almost simultaneous appointment of a House committee on
+<a id="January82"></a>January 2,<sup class="topnum"><a href="#fn82">82</a></sup> and a Senate committee
+ on <a id="January83"></a>January 3.<sup class="topnum"><a href="#fn83">83</a></sup> No report is
+recorded.</p>
+
+<p>The
+ coming on of difficulties with France, and the Alien and
+Sedition Acts of 1798, absorbed the popular attention. In 1800 debates on
+the slave trade and on the reception of petitions from free negroes
+began. January 22, 1801, a House committee was appointed to report a bill
+increasing the stringency of the <a id="act84"></a>act.<sup class="topnum"><a href="#fn84">84</a></sup>
+ The bill was reported, but failed to be <a id="considered85"></a>considered.<sup class="topnum"><a href="#fn85">85</a></sup> In the next Congress the matter was at last
+brought to an issue. A committee, of which Nicholson of Maryland was
+chairman, was appointed, <a id="December86"></a>December 11, 1801,<sup class="topnum"><a href="#fn86">86</a></sup> and reported only seven
+days later. The report was made a special order for <a id="December87"></a>December 21.<sup class="topnum"><a href="#fn87">87</a></sup> On
+that day no debate is recorded, but a petition from a free colored
+soldier of the Revolution was contemptuously denied <a id="reception88"></a>reception.<sup class="topnum"><a href="#fn88">88</a></sup>
+January 14 and 15, the bill was debated freely, and from the debate and
+sundry amendments the character of the bill may be inferred. Not only
+harboring, but employing a fugitive, was made punishable; and it was
+ordained that every black employed must be furnished with an official
+certificate, and that every person who employed a negro must publish a
+description of him. Southern members "considered it a great injury to the
+owners of that species of property, that runaways were employed in the
+Middle and Northern States, and even assisted in procuring a living. They
+stated that, when slaves ran away and were not recovered, it excited
+discontent among the rest. When they were caught and brought home, they
+informed their comrades how well they were received and assisted, which
+excited a disposition in others to attempt escaping, and obliged their
+masters to use greater severity than they otherwise would. It was, they
+said, even on the score of humanity, good policy in those opposed to
+slavery to agree to this <a id="law89"></a>law."<sup class="topnum"><a href="#fn89">89</a></sup> This appeal to the humanity of the
+North failed to produce the requisite effect. On the test vote, January
+18, 1802, every Southern member except two voted for the bill, every
+Northern member except five against it; the vote was 43 to 46, and the
+bill was laid <a id="aside90"></a>aside.<sup class="topnum"><a href="#fn90">90</a></sup></p>
+
+
+
+
+
+<h3><span> Propositions from 1817 to 1822.</span></h3>
+
+<p><b>§&nbsp;20. <a id="Propositions_from_1817"></a>Propositions from 1817 to 1822.</b>&mdash;For many years the question of
+amendment of the law does not appear to have come up in Congress. The
+abolition of the slave trade seems to have absorbed the attention of
+Congress. Several treaties were negotiated including clauses on the
+return of <a id="fugitives91"></a>fugitives.<sup class="topnum"><a href="#fn91">91</a></sup> The question was brought up again in 1817 by
+Pindall of Virginia, who for several years urged a revision of the act. A
+committee of which he was chairman was appointed, December 15, 1817, and
+reported a bill, <a id="December92"></a>December 29, 1817.<sup class="topnum"><a href="#fn92">92</a></sup> This third proposition of general
+amendment led to a debate, January 26 and 29, 1818, in which for the
+first time we have a record of discussion on the principles of the act
+and its relations to human freedom. The opposition was based not only on
+constitutional, but on humanitarian <a id="grounds93"></a>grounds.<sup class="topnum"><a href="#fn93">93</a></sup> A petition of the
+Pennsylvania Abolition Society, asking for a milder law than that of
+1793, added fuel to the <a id="discussion94"></a>discussion.<sup class="topnum"><a href="#fn94">94</a></sup></p>
+
+<p>The principle of the bill was that the fugitives should be surrendered by
+a requisition on the State Executive, as in the case of fugitives from
+justice: the question of proof was thus left to the courts of the State
+of the claimant, and there was to be no habeas corpus. The strongest
+expression of disapproval is found in the speech of Mr. Adams of
+Massachusetts, who said, "that, in guaranteeing the possession of slaves,
+the Constitution did not authorize or require the General Government to
+go as far as the bill proposed to render this bill effectual; that the
+bill contained provisions dangerous to the liberty and safety of the free
+people of color in other sections of the <a id="Union95"></a>Union."<sup class="topnum"><a href="#fn95">95</a></sup> Mr. Rich of Vermont
+desired "that it might be so amended as to guard more effectually the
+rights of free persons of color. This motion he enforced by urging the
+oppressions to which these persons were now subjected, and the necessity
+of some regulation on the subject, which he thought might be very
+properly connected with this <a id="bill96"></a>bill."<sup class="topnum"><a href="#fn96">96</a></sup> Mr. Livermore also showed that it
+exposed the colored men of the North to the peril of being dragged South,
+and there <a id="convicted97"></a>convicted.<sup class="topnum"><a href="#fn97">97</a></sup></p>
+
+<p>All these objections, however, were considered of little value by some
+who, like Smith of Maryland, thought that the subject of the
+free colored population and their protection should be treated
+separately, while Mr. Holmes of Massachusetts suggested that the
+operation of the writ of habeas corpus would render such acts of
+injustice <a id="improbable98"></a>improbable.<sup class="topnum"><a href="#fn98">98</a></sup> Mason, of the same State, objected to a trial
+by jury, which had been suggested, because "juries in Massachusetts would
+in ninety-nine cases out of one hundred decide in favor of the fugitives,
+and he did not wish his town [Boston] infected with the runaways of the
+<a id="South99"></a>South."<sup class="topnum"><a href="#fn99">99</a></sup></p>
+
+<p>Upon two constitutional points the opponents of the bill made a stand.
+Mr. Sergeant wished to change the bill materially, by making "the judges
+of the State in which ... slaves are seized the tribunal to decide the
+fact of slavery, instead of the judges of the State whence the fugitives
+escaped," but this was negatived by a large <a id="majority100"></a>majority.<sup class="topnum"><a href="#fn100">100</a></sup></p>
+<p>Another objection to the bill, raised by Mr. Whitman, is noteworthy,
+since some years later it was the point made most prominent in Judge
+Story's decision in the Prigg <a id="Case101"></a>Case.<sup class="topnum"><a href="#fn101">101</a></sup> Mr. Whitman disapproved of the
+provision making it a penal offence for a State officer to refuse his
+assistance in executing the act. He did not believe that Congress had any
+right to compel State officers to perform this duty; they could do no
+more than authorize <a id="it102"></a>it.<sup class="topnum"><a href="#fn102">102</a></sup></p>
+
+<p>A vote was taken, January 30, 1818, in the House, and the bill passed by
+a vote of 84 <a id="to103"></a>to 69.<sup class="topnum"><a href="#fn103">103</a></sup> It was ordered that the title be "An Act to
+provide for delivering up persons held to labor or service in any of the
+States or Territories who shall escape into any other State or
+Territory."</p>
+
+<p>For the first time since 1793, amendment of the act seemed within reach.
+The Senate showed itself in other questions more inclined than the House
+to consider the claims of the South; but although Dagget's amendment to
+strike out the elaborate provision for the return of fugitives by
+executive requisition was not <a id="adopted104"></a>adopted,<sup class="topnum"><a href="#fn104">104</a></sup> the Senate first voted to
+limit the bill to four <a id="years105"></a>years,<sup class="topnum"><a href="#fn105">105</a></sup> and then added other amendments. The
+result was a non-concurrence with the House, and the failure of the
+<a id="bill106"></a>bill,<sup class="topnum"><a href="#fn106">106</a></sup> March 13-16, 1818. A last attempt to take the bill up
+failed, <a id="April107"></a>April 10, 1818.<sup class="topnum"><a href="#fn107">107</a></sup></p>
+
+
+
+
+<h3><span>Period of the Missouri Compromise.</span></h3>
+
+<p><b>§&nbsp;21. Period of the <a id="Missouri_Compromise"></a>Missouri Compromise (1819-1822).</b>&mdash;The loss of the
+bill of 1818 seems not to have discouraged the friends of amendment of
+the act of 1793. December 17, 1818, a resolution of the Maryland
+legislature was laid before the House, calling for protection against the
+citizens of Pennsylvania who harbored or protected <a id="fugitives108"></a>fugitives.<sup class="topnum"><a href="#fn108">108</a></sup> A
+committee was appointed, January 15, 1819, which promptly reported next
+day, but the bill was not <a id="considered109"></a>considered.<sup class="topnum"><a href="#fn109">109</a></sup></p>
+
+<p>The question of fugitives came incidentally into the great debate of the
+next session on the admission of Missouri. The region which sought
+admission as a slave State was flanked on the east by free territory, and
+was therefore peculiarly difficult to protect. A compromise, which made
+Missouri a slave State, prohibited slavery in all other territory gained
+from France north <a id="of110"></a>of 36° 30'.<sup class="topnum"><a href="#fn110">110</a></sup> In the prohibitory clause, however,
+it was 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
+reclaimed, and conveyed to the person claiming his or her labor or
+service as <a id="aforesaid111"></a>aforesaid."<sup class="topnum"><a href="#fn111">111</a></sup> During the immigration into Missouri which
+now began, large numbers of slaveholders took their slaves with them, and
+on the passage opportunities for escape were often found. In one
+instance, at least, recorded in Ohio, the public sympathy was so strongly
+with the fugitives that they were successfully protected from their
+masters even in <a id="court112"></a>court.<sup class="topnum"><a href="#fn112">112</a></sup></p>
+
+<p>Hardly was the ink dry on the President's signature of the Missouri
+Compromise (March 15, 1820) before propositions were made in both the
+House and Senate for new general fugitive slave acts. March 18, a House
+committee was <a id="appointed113"></a>appointed,<sup class="topnum"><a href="#fn113">113</a></sup> but no report is recorded. April 3, an
+inquiry was set on foot into the provisions of a Pennsylvania act
+hindering the operation of the act <a id="of114"></a>of 1793,<sup class="topnum"><a href="#fn114">114</a></sup> and the Secretary of
+State submitted a copy of the obnoxious act, April 18. On the
+day of the Secretary's report a proposition in the Senate to instruct the
+Judiciary Committee to report a bill was voted <a id="down115"></a>down.<sup class="topnum"><a href="#fn115">115</a></sup> Positive
+evidence cannot be obtained, but it would seem that a continued effort
+was made to take advantage of the agitation on the slavery question to
+secure a new fugitive slave act, as was done in 1850.</p>
+
+<p>One more attempt was made in 1821-22. Mr. Wright presented, December 17,
+1821, a resolution of the Maryland General Assembly praying for relief
+against the abettors of the fugitives in <a id="Pennsylvania116"></a>Pennsylvania.<sup class="topnum"><a href="#fn116">116</a></sup> He desired a
+special committee, but the question was referred to the Committee on the
+Judiciary, which reported a bill, <a id="January117"></a>January 14, 1822.<sup class="topnum"><a href="#fn117">117</a></sup> March 27 to
+April 1, it was debated, but finally <a id="tabled118"></a>tabled.<sup class="topnum"><a href="#fn118">118</a></sup> The character of the
+bill does not distinctly appear in the records.</p>
+
+<p><b>§&nbsp;22. St<a id="atus"></a>atus of the question from 1823 to 1847.</b>&mdash;Although no amendment
+could be procured to the act of 1793, the government of the United States
+had repeatedly, by diplomatic demands and treaties, undertaken to recover
+fugitives, or their value, for Southern owners. The first Indian treaty
+negotiated under the Constitution, that of April 7, 1790, with the
+Creeks, required the return of negroes held as prisoners of <a id="war119"></a>war.<sup class="topnum"><a href="#fn119">119</a></sup> A
+similar clause appeared in the treaty made in 1814, at the end of the war
+with the Creeks, a war which had been provoked in part by their ready
+reception of <a id="fugitives120"></a>fugitives.<sup class="topnum"><a href="#fn120">120</a></sup> In 1832 the government went so far as to
+promise to expend seven thousand dollars in paying for "slaves and other
+property alleged to have been stolen" by the <a id="Seminoles121"></a>Seminoles.<sup class="topnum"><a href="#fn121">121</a></sup></p>
+
+<p>With Great Britain, also, the encouragement of fugitives became a subject
+for negotiation. Much bitterness had been felt at the carrying away by
+the British, in 1783, of slaves who had taken refuge with <a id="them122"></a>them.<sup class="topnum"><a href="#fn122">122</a></sup> In
+the treaty of Ghent, therefore, a strict clause forbade the carrying away
+by the British of "any slaves or other private <a id="property123"></a>property."<sup class="topnum"><a href="#fn123">123</a></sup> A large
+number of slaves had, during the war, been received on board British
+vessels, and the humane but specious plea was set up by the British
+government that the clause applied only to slaves received after
+the date of the peace. A convention of 1818 submitted the question to the
+Emperor of Russia, who in 1822 made a decision not wholly favorable to
+either party; and <a id="in124"></a>in 1826,<sup class="topnum"><a href="#fn124">124</a></sup> by a second convention, Great Britain
+agreed to pay $1,204,960. This last award was obtained by a
+Pennsylvanian, Gallatin, acting under the direction of President John
+Quincy Adams, a citizen of Massachusetts.</p>
+
+
+
+
+<h3><span>Canada and Mexico Places of Refuge.</span></h3>
+
+<p><b>§&nbsp;23. <a id="Canada_and_Mexico_places_of_refuge"></a>Canada and Mexico places of refuge.</b>&mdash;The existence on the northern
+and southwestern frontiers of regions in which slavery was practically,
+if not yet legally, extinct, brought about another set of complications.
+January 24, 1821, a resolution was presented in Congress from the General
+Assembly of Kentucky, protesting against the kindly reception of
+fugitives in Canada, and asking for negotiation with Great Britain on the
+<a id="subject125"></a>subject.<sup class="topnum"><a href="#fn125">125</a></sup> In 1826, Mr. Clay, Secretary of State, instructed Mr.
+Gallatin, United States Minister at the Court of St. James, to propose
+the "mutual surrender of all persons held to service or labor under the
+laws of either country who escape into the territory of the other." The
+British government replied that any such agreement was impossible, and,
+though a second attempt was made by the United States, it was without
+<a id="success126"></a>success.<sup class="topnum"><a href="#fn126">126</a></sup></p>
+
+
+<p>In 1841 Mr. Woodbridge submitted a resolution to the Senate requesting
+the Committee on Foreign Relations to consider the expediency of entering
+into an arrangement with Great Britain for the arrest of fugitive slaves
+charged with crime who might escape over the northern boundary of the
+United <a id="States127"></a>States.<sup class="topnum"><a href="#fn127">127</a></sup> No action was taken upon the resolution.</p>
+
+
+<p>The North, however, was not the only region to which slaves were fleeing
+at this time. Complaint was heard after 1830, that the "freedom and
+equality granted blacks by the Mexican Constitution and law of 1829, was
+attracting large numbers of slaves from <a id="Louisiana128"></a>Louisiana,"<sup class="topnum"><a href="#Louisiana128">128</a></sup> while in Florida
+the Seminole trouble was not yet ended.</p>
+
+
+<p>The last case of this kind occurred just at the outbreak of the Civil
+War. A slave by the name of Anderson was found one day by Mr.
+Seneca T. P. Diggs, wandering about his plantation in Howard County,
+Missouri, without a pass. Mr. Diggs thereupon arrested him as a fugitive
+slave. In the struggle which followed, the desperate runaway plunged a
+knife into Mr. Diggs's heart. His captor dead, Anderson hastened on to
+<a id="Canada129"></a>Canada.<sup class="topnum"><a href="#fn129">129</a></sup> There he lived a quiet and industrious life until 1860, when
+the American government called upon Canada, under the extradition treaty,
+to give up Anderson for punishment. He was arrested, but applied to the
+Toronto court for a writ of habeas corpus, which was refused. An appeal
+was immediately made to the Queen's Bench, England, which granted the
+<a id="writ130"></a>writ.<sup class="topnum"><a href="#fn130">130</a></sup> In the trial Anderson was defended by Mr. Gerrit Smith in an
+eloquent speech, which made a great impression, and was circulated all
+over the United <a id="States131"></a>States.<sup class="topnum"><a href="#fn131">131</a></sup> The prisoner was discharged on a technical
+<a id="point132"></a>point.<sup class="topnum"><a href="#fn132">132</a></sup></p>
+
+
+<p><b>§&nbsp;24. Status of fugitives <a id="on_the_high_seas"></a>on the high seas.</b>&mdash;When in 1830 gradual
+emancipation began in the British colonies, and in 1837 slavery ceased to
+exist there, a new set of complications arose. American vessels carrying
+slaves from one part of the United States to another were repeatedly
+driven or conveyed into British ports, and the slaves were there treated
+as ordinary fugitives, that is, as free men. Thus the Comet <a id="in133"></a>in 1830,<sup class="topnum"><a href="#fn133">133</a></sup>
+and the Encomium <a id="in134"></a>in 1834,<sup class="topnum"><a href="#fn134">134</a></sup> were cast away on the Bahamas, and the
+slaves on board could not be recovered. In 1835 the Enterprise was forced
+by stress of weather to enter a port of the <a id="Bermudas135"></a>Bermudas,<sup class="topnum"><a href="#fn135">135</a></sup> and the
+officers were not permitted by the British authorities to restrain the
+persons on board.</p>
+
+<p>In none of these three cases were the negroes restored; but in 1840 the
+British government paid an indemnity for the first two cargoes, on the
+ground that at the time of the wrecks slavery had not yet been completely
+extinguished in the <a id="colonies136"></a>colonies.<sup class="topnum"><a href="#fn136">136</a></sup> No indemnity was allowed in the
+Enterprise case, and the British government declared that it could assume
+no responsibility in cases arising since the abolition of <a id="slavery137"></a>slavery.<sup class="topnum"><a href="#fn137">137</a></sup>
+Elaborate resolutions introduced by Calhoun, March 4, 1840, and
+passed, April 15, by a unanimous vote of the Senate, condemned the
+British <a id="principle138"></a>principle.<sup class="topnum"><a href="#fn138">138</a></sup> But when, in the next year, the slaves on board
+the American ship Creole rose and by force carried her into <a id="Nassau139"></a>Nassau,<sup class="topnum"><a href="#fn139">139</a></sup>
+the British government refused to return them either as slaves or as
+<a id="murderers140"></a>murderers.<sup class="topnum"><a href="#fn140">140</a></sup> Webster, as Secretary of State, strenuously urged the
+surrender. In 1853, an arbitrator decided that an indemnity must be paid
+to the American <a id="government141"></a>government.<sup class="topnum"><a href="#fn141">141</a></sup> On the other hand, when, in 1839, a
+Spanish vessel, L'Amistad, in which the slaves on board had revolted and
+killed their master, was brought into an American port, the Supreme Court
+refused to permit their surrender, on the ground that they were free by
+Spanish law, and therefore could not be tried for <a id="murder142"></a>murder.<sup class="topnum"><a href="#fn142">142</a></sup></p>
+
+
+
+
+<h3><span>Kidnapping from 1793-1850. Prigg Case.</span></h3>
+
+<p><b>§&nbsp;25. Kidn<a id="app"></a>apping from 1793 to 1850: Prigg case.</b>&mdash;Since slavery was now
+extinct in the more northern States, their population contained many free
+negroes. Upon them the eyes of the slave trader were often turned, as
+easy prey under the law of 1793, and many cases of kidnapping occurred.
+It was such instances, involving as they did the most manifest injustice
+and cruelty, that first aroused the sympathies of the <a id="people143"></a>people.<sup class="topnum"><a href="#fn143">143</a></sup> The
+border States like Pennsylvania were often the scene of these acts. The
+neighboring white families first began to try to protect the negroes
+settled near them, and a little later to give a helping hand to those
+escaping from slavery, and at last, in the underground <a id="railroad144"></a>railroad,<sup class="topnum"><a href="#fn144">144</a></sup> to
+complete a systematic organization for the assistance of fugitives. Cases
+of kidnapping are recorded as early <a id="as145"></a>as 1808.<sup class="topnum"><a href="#fn145">145</a></sup> In 1832 the carrying
+away of a black woman without process of law not only roused the people
+of Pennsylvania, but led to a decision which took away much of the force
+of the act of 1793.</p>
+
+<p>A slave woman, Margaret Morgan, had fled from Maryland to Pennsylvania.
+Five years later, in 1837, Edward Prigg, an attorney, caused her to be
+arrested and sent back to her mistress without recourse either to the
+national or State act on the subject. In the act he disregarded a law of
+Pennsylvania, brought about in 1826 through the efforts of the
+Society for the Abolition of Slavery, which forbade the carrying out of
+the State of any negro with the intention of enslaving him. Accordingly,
+Mr. Prigg was arrested and convicted in the county court. The Supreme
+Court of Pennsylvania sustained the decision. Thence the case was taken
+to the Supreme Court of the United States. There the counsel for Mr.
+Prigg argued that the statute of Pennsylvania on which the indictment was
+founded was unconstitutional, since it conflicted with the law of 1793.
+Justice Story delivered the opinion of the court, and upon this decision
+all future judgments were based. He announced that the law must be
+carried out through national authorities alone; the States or State
+magistrates could not be forced into <a id="action146"></a>action.<sup class="topnum"><a href="#fn146">146</a></sup> After this, many
+States, seeing the advantage thus given them, passed laws which forbade
+the officers to aid in a fugitive slave case, and also denied the use of
+their jails for <a id="imprisonment147"></a>imprisonment.<sup class="topnum"><a href="#fn147">147</a></sup> Plainly the Prigg case showed a
+growing indisposition on the part of the States to carry out the law,
+however severe its provisions might be; and this disposition to evade its
+obligations is still further evidenced by the cases given in the next
+chapter.</p>
+
+<p><b>§&nbsp;26. <a id="Nece"></a>Necessity of more stringent fugitive slave provisions.</b>&mdash;The
+increasing number of <a id="rescues148"></a>rescues,<sup class="topnum"><a href="#fn148">148</a></sup> and the occurrence of several cases of
+resistance, proved conclusively the inadequacy of the law of 1793. After
+the Prigg decision the provisions made for its execution through national
+powers were entirely insufficient. Underlying all these acts, the South
+also could but perceive a sentiment the growth of which, unless checked
+in some way, would at last permanently injure, if not destroy, their
+peculiar institution.</p>
+
+<p><b>§&nbsp;27. A<a id="cti"></a>ction of Congress from 1847 to 1850.</b>&mdash;From 1822 until 1848
+apparently no effort was made to secure a new law. Then a petition
+received in 1847 from the Legislature of Kentucky, urging the importance
+of passing such laws as would enable the citizens of slaveholding States
+to recover their slaves when they escaped into non-slaveholding
+<a id="States149"></a>States,<sup class="topnum"><a href="#fn149">149</a></sup> gave rise to a bill from the Committee on the
+<a id="Judiciary150"></a>Judiciary.<sup class="topnum"><a href="#fn150">150</a></sup> The bill provided "for the more effectual execution of the third clause of the second section of the Fourth Article
+of the <a id="Constitution151"></a>Constitution."<sup class="topnum"><a href="#fn151">151</a></sup> It passed only to the second reading. In 1849,
+Mr. Meade proposed in the House to instruct the Committee on the
+Judiciary to report a fugitive slave <a id="bill152"></a>bill.<sup class="topnum"><a href="#fn152">152</a></sup> No report apparently was
+ever made, but this was the last ineffectual proposition. In 1850, a new
+law was successfully carried in both Houses.</p>
+
+<p><b>§&nbsp;28. Slavery <a id="in_the_District"></a>in the District of Columbia.</b>&mdash;During this period, from 1840
+to 1850, the subject of slavery and fugitives in the District of Columbia
+began to occasion debate, which was never long silenced. It was notorious
+that almost under the windows of the Capitol negroes were confined in
+public jails on the ground that they were fugitives; and that a free
+negro so confined might be sold for his jail fees. Resolutions for an
+investigation of the condition of the jails were offered in 1848 by Mr.
+<a id="Giddings153"></a>Giddings;<sup class="topnum"><a href="#fn153">153</a></sup> and Mr. Hall also introduced more sweeping propositions to
+repeal all laws of Congress and of Maryland which authorized or required
+courts, officers, or magistrates to issue process for arrest or
+commitment to the jail of the District of any fugitive <a id="slave154"></a>slave.<sup class="topnum"><a href="#fn154">154</a></sup>
+Congress, however, was in a mood too conciliatory toward the South to
+consider these propositions; and no action was taken.</p>
+
+
+
+<h3><span>The Second Fugitive Slave Act.</span></h3>
+
+<p><b>§&nbsp;29. The second Fugitive Slave <a id="Act_1850"></a>Act (1850).</b>&mdash;In the early part of the
+first session of the Thirty-first Congress, Mr. Mason of Virginia
+introduced a bill to make the provisions of the fugitive slave act more
+<a id="severe155"></a>severe,<sup class="topnum"><a href="#fn155">155</a></sup> and the bill was reported from the Committee on the
+Judiciary, January 16, 1850. Two additional amendments were soon offered
+by Mr. Mason. The first imposed a fine of one thousand dollars and
+imprisonment for twelve months upon any one who should obstruct the
+execution of the law. The second provided that the testimony of a
+fugitive should not be admitted. Mr. Seward, in opposition, proposed on
+the 28th to allow a fugitive the right of trial by jury, with a fine of
+five thousand dollars and the forfeiture of office should the
+right be disallowed by any judge or <a id="marshal156"></a>marshal.<sup class="topnum"><a href="#fn156">156</a></sup></p>
+
+<p>Mr. Clay's "Omnibus Bill," by which he intended to settle the territorial
+question then before Congress, and at the same time to check the
+antislavery movement, contained a fugitive slave clause, though not so
+severe in its provisions as Mr. <a id="Mason157"></a>Mason's.<sup class="topnum"><a href="#fn157">157</a></sup> This bill, however, was not
+debated as a whole, but each proposition considered separately, and thus
+Mr. Mason's bill became the basis of the fugitive slave provision in the
+Compromise of 1850.</p>
+
+<p>The measure was considered, and various amendments were offered, until
+August 26, 1850, when it was passed by the Senate, and a few days later
+by the <a id="House158"></a>House;<sup class="topnum"><a href="#fn158">158</a></sup> the signature of President Fillmore was readily
+appended, and it became law, <a id="September159"></a>September 18, 1850.<sup class="topnum"><a href="#fn159">159</a></sup></p>
+
+<p><b>§&nbsp;30. <a id="Provisions_of_the_second"></a>Provisions of the second Fugitive Slave Act.</b>&mdash;Every provision of
+the act was arranged for the protection and benefit of the slaveholders.
+It was based upon the law of 1793, but a number of new regulations were
+<a id="added160"></a>added.<sup class="topnum"><a href="#fn160">160</a></sup> Commissioners were to be chosen by the Circuit Courts of the
+United States and the Superior Courts of the Territories, to act with the
+judges of those courts in fugitive slave cases. Such commissioners could
+be fined one thousand dollars for refusing to issue a writ, and were
+liable for the value of any slave escaping from them. The testimony
+required for rendition was the official declaration of the fact
+of the escape of a slave by two witnesses, and the establishment of his
+identity by oath. The testimony of the accused could not be admitted. The
+right of trial by jury was not affirmed, and was therefore practically
+denied. A sheriff might call upon any bystander for help in executing the
+law, and the penalty for harboring or aiding in a rescue was increased
+from five hundred dollars, as in 1793, to one thousand dollars, and
+imprisonment for not more than six months. Should the slave escape,
+damages to the same amount were to be paid to the claimant. If a mob were
+feared, military force might be employed; and by a discrimination little
+likely to win respect for the act, the fee of the commissioner was to be
+increased from five to ten dollars whenever the case was decided in favor
+of the claimant.</p>
+
+
+
+
+<h3><span>Arguments for the Bill.</span></h3>
+
+<p><b>§&nbsp;31. Argumen<a id="ts_fo"></a>ts for the bill.</b>&mdash;The debate on the Fugitive Slave Bill more
+than any other part of the Compromise illustrates the character of the
+slavery conflict. Most of the Southern members urged the immediate
+necessity of a new law, but some of the more ardent considered the evil
+to be one which could be reached only through a change in public
+sentiment, and they thought all legislation <a id="valueless161"></a>valueless.<sup class="topnum"><a href="#fn161">161</a></sup> Mr. Mason
+thus presented the evils with which the law must cope. He stated that the
+border States had found it an impossibility to reclaim a fugitive when he
+once got within the boundaries of a non-slaveholding State; "and this
+bill, or rather the amendments, ... have been framed with a great deal of
+consideration, to reach, if practicable, the evils which this experience
+has demonstrated to exist, and to furnish the appropriate remedy in
+enabling the owner of a fugitive to reclaim him." Under the existing
+laws, "you may as well go down into the sea and endeavor to recover from
+his native element a fish which has escaped from you, as expect to
+recover such a fugitive. Every difficulty is thrown in your way by the
+population.... There are armed mobs, rescues. This is the real state of
+<a id="things162"></a>things."<sup class="topnum"><a href="#fn162">162</a></sup></p>
+
+<p>Not only were the laws thus set aside by individuals, but also through
+the Underground Railroad an organized system of depredation was carried
+on, whereby thousands of dollars were every year lost to the
+<a id="slaveholder163"></a>slaveholder.<sup class="topnum"><a href="#fn163">163</a></sup> As an illustration of the extent to which this
+disregard of law was carried, Mr. Yulee, one of the most extreme of the
+Southern men, instanced a convention which was then in session in New
+York "for the very purpose, openly avowed, of congratulation upon their
+successful violation of the Constitution in respect to fugitives, and to
+devise ways and means to encourage the escape of <a id="slaves164"></a>slaves."<sup class="topnum"><a href="#fn164">164</a></sup></p>
+
+<p>Such, according to the Southern Congressmen, was the condition of
+affairs. They then proceeded to contrast it with the situation as
+contemplated by the Constitution, and supported by the decision of the
+Supreme Court in the Prigg case. Mr. Butler insisted that this bill
+required "nothing more than is enjoined by the Constitution, and which
+contains the bond of union and the security of harmony; and in the name
+of Washington, I would invoke all parties to observe, maintain, and
+defend it." He said it was the handiwork of sages and patriots, and
+resulted from intelligent concessions, for the benefit of <a id="all165"></a>all.<sup class="topnum"><a href="#fn165">165</a></sup> Many
+speeches were filled with prophecies, more or less openly expressed, of
+the dissolution of the Union. Mr. Soulé said the South must fight for its
+rights, since it is the weaker of the two <a id="sections166"></a>sections.<sup class="topnum"><a href="#fn166">166</a></sup> It had come down
+to the question, How could the Union be <a id="preserved167"></a>preserved?<sup class="topnum"><a href="#fn167">167</a></sup> Some concessions
+must be made. Mr. Badger urged the bill, because it "will give assurance,
+it will satisfy the public mind that the Government is disposed, is truly
+anxious, to accomplish the restitution of fugitive slaves; sincerely
+wished and is resolved to do right to the uttermost of its power. The
+proof of this will be complete, because we furnish the best means for the
+recovery of the slave himself, and if these fail we can secure prompt and
+adequate indemnity for the <a id="loss168"></a>loss."<sup class="topnum"><a href="#fn168">168</a></sup></p>
+
+
+
+
+<h3><span>Arguments against the Bill.</span></h3>
+
+<p><b>§&nbsp;32. Argumen<a id="ts_ag"></a>ts against the bill.</b>&mdash;On the Northern side, there seems to
+have been an admission that some bill of the kind was necessary for the
+interests of the Union. The opposition dwelt chiefly, therefore, upon the
+details of the measure. Many considered them unjust, as recognizing only
+one class of rights, those of the masters. Mr. Chase, from the
+antislavery wing, demanded that a claim of this kind be put on the same
+footing as any other statutory right. "Claims of right in the services of
+individuals found under the protection of the laws of a free
+State must be investigated in the same manner as other claims of right.
+If the most ordinary controversy involving a contested claim of twenty
+dollars must be decided by jury, surely a controversy which involves the
+right of a man to his liberty should have a similar trial.... It will not
+do for a man to go into a State where every legal presumption is in favor
+of freedom, and seize a person whom he claims as a fugitive slave, and
+say, 'This man is my slave, and by my authority under the Constitution of
+the United States I carry him off, and whoever interferes does so at his
+peril.' He is asked, 'Where is your warrant?' and he produces none;
+'Where is your evidence of claim?' and he offers none. The language of
+his action is, 'My word stands for law.'"</p>
+
+
+
+
+
+
+
+
+
+<h2><span><a id="CHAPTER_III"></a> CHAPTER III.</span>
+
+<span><i>PRINCIPAL CASES FROM 1789 TO 1860.</i></span></h2>
+
+
+<div class="poem">
+<span class="i0">§&nbsp;33. <a href="#ge_in">Change in character of cases.</a></span><br />
+<span class="i3"> §&nbsp;34. <a href="#irst"> The first case of rescue (1793).</a></span><br />
+<span class="i3"> §&nbsp;35. <a href="#side">President Washington's demand for a fugitive (1796).</a></span><br />
+<span class="i0">§&nbsp;36. <a href="#ng_ca">Kidnapping cases.</a></span><br />
+<span class="i3"> §&nbsp;37. <a href="#Jones_case">Jones case (1836).</a></span><br />
+<span class="i3"> §&nbsp;38. <a href="#olomo">Solomon Northrup case (about 1830).</a></span><br />
+<span class="i3"> §&nbsp;39. <a href="#Washington_case">Washington case (between 1840 and 1850).</a></span><br />
+<span class="i3"> §&nbsp;40. <a href="#Ober">Oberlin case (1841).</a></span><br />
+<span class="i0">§&nbsp;41. <a href="#erfer">Interference and rescues.</a></span><br />
+<span class="i3"> §&nbsp;42. <a href="#ickas">Chickasaw rescue (1836).</a></span><br />
+<span class="i3"> §&nbsp;43. <a href="#Philadelphia_and_Kennedy">Philadelphia case (1838).</a></span><br />
+<span class="i3"> §&nbsp;44. <a href="#atim">Latimer case (1842).</a></span><br />
+<span class="i3"> §&nbsp;45. <a href="#Ottoman_case">Ottoman case (1846).</a></span><br />
+<span class="i0">§&nbsp;46. <a href="#ters">Interstate relations.</a></span><br />
+<span class="i3"> §&nbsp;47. <a href="#Boston_and_Isaac">Boston and Isaac cases (1837, 1839).</a></span><br />
+<span class="i3"> §&nbsp;48. <a href="#Ohio_and_Kentucky">Ohio and Kentucky case (1848).</a></span><br />
+<span class="i0"> §&nbsp;49. <a href="#osec">Prosecutions.</a></span><br />
+<span class="i3"> §&nbsp;50. <a href="#and_Walker_cases">Van Zandt, Pearl, and Walker cases (1840, 1844).</a></span><br />
+<span class="i0">§&nbsp;51. <a href="#Unpopularity">Unpopularity of the Fugitive Slave Act of 1850.</a></span><br />
+<span class="i0">§&nbsp;52. <a href="#ncip">Principle of the selection of cases.</a></span><br />
+<span class="i3"> §&nbsp;53. <a href="#Hamlet_case">Hamlet case (1850).</a></span><br />
+<span class="i3"> §&nbsp;54. <a href="#ims">Sims case (1851).</a></span><br />
+<span class="i3"> §&nbsp;55. <a href="#urns">Burns case (1854).</a></span><br />
+<span class="i3"> §&nbsp;56. <a href="#Garner">Garner case (1856).</a></span><br />
+<span class="i3"> §&nbsp;57. <a href="#adrac">Shadrach case (1851).</a></span><br />
+<span class="i3"> §&nbsp;58. <a href="#Jerry_McHenry">Jerry McHenry case (1851).</a></span><br />
+<span class="i3"> §&nbsp;59. <a href="#rescue_1858">Oberlin-Wellington case (1858).</a></span><br />
+<span class="i3"> §&nbsp;60. <a href="#Christiana">Christiana case (1851).</a></span><br />
+<span class="i3"> §&nbsp;61. <a href="#case_1851">Miller case (1851).</a></span><br />
+<span class="i3"> §&nbsp;62. <a href="#Kansas_1858">John Brown in Kansas (1858).</a></span>
+</div>
+
+<p><b>§&nbsp;33. Change in <a id="ge_in"></a>character of cases.</b>&mdash;The cases of escape which occur in
+the period beginning with the formation of the Constitution, and ending
+with the passage of the Fugitive Slave Law in 1850, will be found, in
+comparison with those of colonial times, much more frequent, more complex
+in action, and more varied in detail. Instead of many colonies under
+governments independent one of another, there was now one government and
+one country; nevertheless, the extinction of the system of
+bondage and the rise of the antislavery sentiment in the Northern States
+brought into the cases new and difficult elements. No attempt will be
+made to mention the cases in their chronological order, or to describe
+them all. They will be classified into cases of simple escape, of
+kidnapping, of rescue, and of State interference; and typical examples
+will be described in each category.</p>
+
+
+<h3><span>The First Case of Rescue.</span></h3>
+
+<p><b>§&nbsp;34. The f<a id="irst"></a>irst case of rescue.</b>&mdash;The first attempt to enforce the act of
+1793, of which any record has been discovered, immediately revealed its
+unfairness, and the indisposition of the North to carry it out.</p>
+
+<p>Mr. Josiah Quincy, then a young lawyer, afterwards known as a public man
+and the President of Harvard College, has left an interesting account of
+his connection with the case. "He states that the process was issued by a
+justice of the peace, that he was retained as counsel for the alleged
+slave, that he prepared his brief, and went down loaded with all the
+necessary authorities. He found a great crowd of people assembled; but
+while he was in the midst of the argument, he heard a noise, and, turning
+around, he saw the constables lying sprawling on the floor, and a passage
+opening through the crowd, through which the fugitive was taking his
+departure without stopping to hear the opinion of the court, and that was
+the last of that case, and that was the last of the law of 1793 in
+<a id="Massachusetts169"></a>Massachusetts."<sup class="topnum"><a href="#fn169">169</a></sup></p>
+
+<p><b>§&nbsp;35. Pre<a id="side"></a>sident Washington's demand for a fugitive.</b>&mdash;As has been noticed
+in a previous chapter, George Washington's boyhood was connected with
+white slavery. Now, at the zenith of his public life, we find one of his
+chattels the occasion of the first recorded refusal on moral grounds to
+return a slave. In 1796, President Washington wrote to Mr.
+Whipple, Collector of Portsmouth, N. H., to send back to him one of his
+slaves who had escaped to that place, if it could be done without
+exciting a mob. This letter has been preserved, and the following extract
+gives us an insight into President Washington's opinions upon the
+rendition of fugitives:&mdash;</p>
+
+<div class="blockquot">
+<p>"However well disposed I might be to gradual abolition, or even to an
+entire emancipation of that description of people, (if the latter was in
+itself practicable,) at this moment it would neither be politic nor just
+to reward unfaithfulness with a premature preference, and thereby
+discontent beforehand the minds of all her fellow serv'ts, who, by their
+steady attachment, are far more deserving than herself of <a id="favor170"></a>favor."<sup class="topnum"><a href="#fn170">170</a></sup></p>
+</div>
+
+<p>Mr. Whipple answered, that any return would be impossible; public
+sentiment was too strong against it.</p>
+
+
+
+
+<h3><span>Kidnapping.</span></h3>
+
+<p><b>§&nbsp;36. Kidnappi<a id="ng_ca"></a>ng cases.</b>&mdash;The great number of cases of kidnapping
+throughout the period from 1793 to 1850 show what cruel and unjust deeds
+were possible under the existing system, and served as nothing else could
+to rouse people to the defence of negroes. Various were the methods by
+which, in spite of law, kidnappers were enabled to secure their prey.
+Perhaps the most common practice, in places where the courts were known
+to be friendly to slavery, was to arrest a man on some false pretence,
+and then, when he appeared in court without opportunity to secure papers
+or witnesses, to claim him as a fugitive slave. Most of these cases
+occurred in communities bordering upon or near the Southern States. The
+risk and trouble of transporting slaves across free States were so great,
+that up to 1850 we seldom hear of kidnapping cases, and rarely of the
+capture of a genuine fugitive in the New England States.</p>
+
+<p>The natural consequence of such acts of outrageous violence was to rouse
+people to the forcible rescue of the captured negroes. In the earliest
+cases, colored people seem to take the leadership; later on, the whites
+joined, and became most active in the work.</p>
+
+<p><b>§&nbsp;37. <a id="Jones_case"></a>Jones case.</b>&mdash;The following instance well exemplifies this form of
+oppression. George Jones, a respectable colored man, was arrested on
+Broadway, New York, in 1836, on the pretext that he had committed assault
+and battery. As he knew that no such charge could be sustained against
+him, he at first refused to go with his captors; but finally he yielded,
+on the assurance of his employer that everything possible should
+be done for him. He was then placed in Bridewell, and his friends were
+told that when they were wanted they "would be sent for"; but, soon after
+one o'clock that same day, he was taken before the Hon. Richard Riker,
+Recorder of New York, and to the satisfaction of that magistrate was
+proved to be a slave. Thus, in less than two hours after his arrest he
+was hurried away as the property of the kidnappers: their word had been
+accepted as sufficient evidence, and he had not been allowed to secure
+the presence of a single friendly <a id="witness171"></a>witness.<sup class="topnum"><a href="#fn171">171</a></sup></p>
+
+<p><b>§&nbsp;38. S<a id="olomo"></a>olomon Northup case.</b>&mdash;Sometimes, if they feared to enter their
+case in court, slave hunters could find opportunity, by watching a negro
+for a while, to carry out their plans through some small deception. One
+of the most striking of these cases is that of Solomon Northup, who has
+written an account of his experiences as freeman and as slave. He was
+born in 1808 in New York State. His father had been made a free man by
+the provisions of his master's will. Thus Solomon was brought up under
+the influences of freedom, and knew little of slavery. After his
+marriage, he lived for some years in Saratoga. Here he earned a
+comfortable livelihood. During the day he worked about the hotels, and in
+the evenings he was often engaged to play the violin at parties. One day,
+two men, apparently managers of a travelling circus company, met him and
+offered him good pay if he would go with them as a violinist to
+Washington. He consented. Their behavior seemed to him peculiar, but he
+remained in their service, only to find himself one morning in a slave
+pen in Washington. How he got there remained always a mystery, but it is
+evident that he must have been drugged. Resistance was useless. He was
+carried South and sold to Mr. Epps, a hard master, with whom he remained
+for twelve years.</p>
+
+<p>After he had long given up all hopes of escape, a friend was found in a
+Northern man who was working on the same plantation. Mr. Bass consented,
+though at a great risk to himself, to write some letters, telling
+Solomon's story to his Northern friends. The letters reached their
+destination, and, under the law of 1840 against kidnapping, a memorial
+was prepared to the Governor of New York. He became interested, and
+immediately sent a man South to find Northrup. After a long search, the
+agent was directed to Mr. Epps's plantation. Much to the
+disappointment of the master, who used every means to prevent his return,
+Solomon was identified at last, and went back to New York again a free
+man. Efforts were made to prosecute the kidnappers; but as sufficient
+evidence could not be obtained, no case was made <a id="out172"></a>out.<sup class="topnum"><a href="#fn172">172</a></sup></p>
+
+<p><b>§&nbsp;39. <a id="Washington_case"></a>Washington case.</b>&mdash;So bold did these stealers of men become, that
+they sometimes resorted to simple force, without the slightest attempt at
+concealment. A case of this kind occurred in Washington, D. C., between
+1840 and 1850. Three or four men seized a negro who was employed in a
+hotel near the Capitol, and dragged him away. Mr. Hall, proprietor of the
+house, after trying in vain to prevent the arrest, succeeded at last in
+compelling them to take the man before a magistrate. The justice declined
+to assume jurisdiction in such a case, and before any other protection
+could be provided, the man was hurried by the kidnappers into a hack, and
+taken across the Potomac into <a id="bondage173"></a>bondage.<sup class="topnum"><a href="#fn173">173</a></sup></p>
+
+<p><b>§&nbsp;40. <a id="Ober"></a>Oberlin case.</b>&mdash;Occasionally the result was less fortunate for the
+captors. In Oberlin, three slave hunters seized by force a negro man and
+his wife, and carried them to an inn for the night. In the mean time the
+people of the town decided that the negroes must have a trial. They
+therefore employed a lawyer, who discovered that the writ for the capture
+was illegal, and secured a hearing. The captives were placed in jail,
+but, aided by some undivulged agency, they managed to break the grates of
+their prison windows, and escaped to Canada before the day set for
+<a id="trial174"></a>trial.<sup class="topnum"><a href="#fn174">174</a></sup></p>
+
+
+
+<h3><span>Interference and Rescues.</span></h3>
+
+<p><b>§&nbsp;41. Int<a id="erfer"></a>erference and rescues.</b>&mdash;After a kidnapping case had occurred in
+a Northern village or town, measures were frequently taken by the
+indignant citizens to prevent the recurrence of such acts. They organized
+vigilance committees, or the antislavery societies took it up as a part
+of their work. In a free community, public sentiment would not allow
+negro towns-people to stand entirely unprotected. Thus many of the cases
+of interference and rescue were the result of some organized movements on
+the part of the white people, though occasionally they came about through
+the unpremeditated action of a mob.</p>
+
+<p><b>§&nbsp;42. Ch<a id="ickas"></a>ickasaw rescue.</b>&mdash;The first case which has been found occurred in
+1836. A writ of habeas corpus was served against Captain
+Eldridge of the brig Chickasaw, for holding two colored women in his ship
+with the intention of carrying them South. As both presented free papers
+at the hearing, the judge ordered them discharged; but the agent of John
+B. Morris of Baltimore, who demanded their return, declared that he would
+soon have sufficient evidence to prove them fugitives. Thereupon the
+colored people rushed in, took the women to a carriage, and carried them
+away to <a id="safety175"></a>safety.<sup class="topnum"><a href="#fn175">175</a></sup></p>
+
+<p><b>§&nbsp;43. <a id="Philadelphia_and_Kennedy"></a>Philadelphia and Kennedy cases.</b>&mdash;A similar but unsuccessful attempt
+was made in Philadelphia in 1838. A slave had been delivered to the man
+claiming to be his master. As the captors were about to take him away, a
+crowd of colored people gathered and attempted to rescue him. It was not
+so simple a matter in a large city as in a country town. A body of police
+soon appeared, protected the slaveholders, and finally arrested some of
+the leaders among the free <a id="blacks176"></a>blacks.<sup class="topnum"><a href="#fn176">176</a></sup></p>
+
+<p>A few years later, in Carlisle, Pennsylvania, three negroes were arrested
+and their identity established as the slaves of Messrs. Kennedy and
+Hollingsworth of Maryland. The colored people of the neighborhood had
+caused a writ of habeas corpus to be issued and a second hearing was
+held. Judge Hepburne decided that the magistrate first employed had no
+right to commit the alleged fugitives, but he himself remanded them. A
+riot ensued, and some thirty-six persons were tried for participating in
+<a id="it177"></a>it.<sup class="topnum"><a href="#fn177">177</a></sup></p>
+
+<p><b>§&nbsp;44. L<a id="atim"></a>atimer case.</b>&mdash;In the Latimer case, the first of that series of
+famous fugitive slave trials which took place in Boston, was strongly
+developed the feeling against kidnapping, or in fact against the
+rendition of a slave under any circumstances.</p>
+
+<p>In 1842, George Latimer was seized in Boston without a warrant, at the
+request of James B. Grey of Norfolk, Virginia. Latimer's counsel, Samuel
+E. Sewall and Amos B. Merrill, sued out a writ of habeas corpus, but
+after argument Chief Justice Shaw denied it. Mr. Grey asked for time to
+procure evidence against Latimer from Virginia. The judge ruled that the
+request should be granted, and that Latimer should for the time being be
+kept in the custody of the city jailer, Nathaniel Cooledge. A writ of
+personal replevin, under the act of 1837 securing trial by <a id="jury178"></a>jury,<sup class="topnum"><a href="#fn178">178</a></sup> was
+then sworn out, but Justice Shaw decided that, according to the
+decision by the Supreme Court in the Prigg case, the law was
+<a id="illegal179"></a>illegal.<sup class="topnum"><a href="#fn179">179</a></sup></p>
+
+<p>The proceedings aroused great indignation throughout the city and State.
+Meetings to devise means of aiding Latimer were held in Faneuil Hall and
+Belknap Street church. Stirring speeches were made by Wendell Phillips
+and others, and resolutions condemning the proceedings of the
+authorities, and remonstrating against the return of Latimer, were
+adopted. Bands of ruffians strove to break up the meetings, and succeeded
+in greatly disturbing them. To rouse the people, to give expression to
+public sentiment, and to spread the news from day to day, Dr. H. I.
+Bowditch and Dr. W. F. Channing edited a paper called "The Latimer
+Journal and North Star." This was published for a number of weeks by the
+friends of the fugitive. Petitions were sent to the sheriff to remove the
+jailer, and to the Governor asking the removal of the sheriff if he did
+not accede to their demand. Thereupon Latimer's custodian agreed to give
+him up for a sufficient payment. The sum of four hundred dollars was
+accordingly raised, the proceedings came to an abrupt termination, and
+Latimer was released.</p>
+
+<p>The excitement produced, however, did not die out immediately, and some
+of the results were far-reaching. So intense was the public excitement,
+that, soon after, a petition was prepared and sent to Congress, asking an
+amendment to the Constitution. This was signed by fifty thousand people
+in Massachusetts, and presented in the House by Mr. Adams. Another,
+signed by sixty-five thousand people, was sent to the legislature. The
+effect was the act of 1843, forbidding all officers to aid in the
+recapture of a fugitive slave, or to permit the use of State jails for
+their imprisonment. The petition to Congress was not received. A
+resolution from the Latimer committee, which proposed an amendment to the
+Constitution so as to base representation on "free persons," brought
+about much discussion, and was not received in the House. In the Senate
+it excited even more violent opposition, and the resolutions were laid on
+the table and not <a id="printed180"></a>printed.<sup class="topnum"><a href="#fn180">180</a></sup></p>
+
+<p><b>§&nbsp;45. <a id="Ottoman_case"></a>Ottoman case.</b>&mdash;Similar indignation was felt in Boston over the case
+of Captain Hannum of the brig Ottoman. He had found a runaway concealed
+on board, but had set sail to return, evidently with the intention of
+taking the man back into captivity. A steamer was sent out to
+rescue the slave, but the Ottoman managed to elude it, and the man was
+lost. At a meeting held September 24, 1846, a committee was appointed for
+the purpose of preventing similar <a id="outrages181"></a>outrages.<sup class="topnum"><a href="#fn181">181</a></sup></p>
+
+
+<h3> <span>Interstate Relations.</span></h3>
+
+<p><b>§&nbsp;46. In<a id="ters"></a>terstate relations.</b>&mdash;The spirit of opposition to the execution of
+the Fugitive Slave Law made itself felt, not only in popular
+demonstrations and in legislation, but in interstate relations. We have
+already noticed the Prigg <a id="case182"></a>case,<sup class="topnum"><a href="#fn182">182</a></sup> and its effect in relieving the
+States from any responsibility in the enforcement of the law. Other
+States took advantage of this decision, and of the general principle of
+international law, that one nation or state is not bound to enforce the
+municipal law of another.</p>
+
+<p><b>§&nbsp;47. <a id="Boston_and_Isaac"></a>Boston and Isaac cases (1837-1839).</b>&mdash;In 1837 a runaway was found on
+the ship Boston, then on her homeward voyage from Georgia to Maine. After
+landing, the slave succeeded in getting to Canada. The Governor of
+Georgia charged the captain with slave-stealing, and demanded his return
+as a fugitive from justice. The Governor of Maine would not comply with
+the request, because, as he said, the laws of that State recognized
+slaves not as property, but as persons. The indignant legislature of
+Georgia adopted resolutions calling upon Congress so to amend the laws
+that the Governor of Maine should be compelled to give up slave stealers
+as fugitives from justice. Resolutions were presented in the United
+States Senate, but no action was <a id="taken183"></a>taken.<sup class="topnum"><a href="#fn183">183</a></sup></p>
+
+<p>The refusal to use State machinery against fugitives extended to the
+process of extradition against persons connected with the rescue of
+slaves. Thus in the Isaac case, in 1839, Virginia asked New York for the
+arrest of three colored men who were accused of abetting a slave's
+escape. The Governor of New York returned answer, that no State could
+demand the surrender of a fugitive from justice for an act which was made
+criminal only by its own <a id="legislation184"></a>legislation.<sup class="topnum"><a href="#fn184">184</a></sup></p>
+
+<p><b>§&nbsp; 48. <a id="Ohio_and_Kentucky"></a>Ohio and Kentucky case.</b>&mdash;Kentucky, in 1848, demanded from the
+Governor of Ohio the extradition of fifteen persons on the charge of
+aiding the escape of a fugitive. Governor Bell refused, on the ground
+that Ohio laws did not recognize property in <a id="man185"></a>man.<sup class="topnum"><a href="#fn185">185</a></sup></p>
+
+
+
+<h3><span>Prosecutions. Act of 1850.</span></h3>
+
+ <p><b>§&nbsp;49. Pr<a id="osec"></a>osecutions.</b>&mdash;The effects of the aid and protection thus given
+fugitives by Northern people or governments awakened among the
+slaveholders a feeling of wrong and indignation. The Fugitive Slave Law
+was clear, and they determined to carry it out to the letter. They began,
+therefore, energetically to prosecute people for aiding and harboring
+escaping slaves. The case just mentioned shows how difficult it was to
+secure prosecutions beyond the State boundaries. When the offence
+occurred within the bounds of a slave State, the judgments were most
+severe, and the heaviest possible fines and longest terms of imprisonment
+were inflicted for simple acts of charity.</p>
+
+<p><b>§&nbsp;50. Van Zandt, Pearl, <a id="and_Walker_cases"></a>and Walker cases.</b>&mdash;Mr. Van Zandt, returning into
+the country from Cincinnati one day in 1840, took nine fugitive slaves
+from Kentucky into his farm wagon. He was stopped by three persons, and
+all but two of the slaves were recaptured. Mr. Van Zandt was arrested,
+taken into court, and fined twelve thousand dollars, which exhausted his
+entire <a id="property186"></a>property.<sup class="topnum"><a href="#fn186">186</a></sup></p>
+
+
+<p>A still more severe penalty was that imposed upon Captain Drayton, of the
+schooner Pearl, in 1848. He took on board seventy-five fugitive slaves,
+and sailed up the Potomac. An armed steamer, sent in pursuit, overtook
+them and brought them back. Captain Drayton and another officer of the
+schooner were placed in prison, where they remained for twenty years, and
+at last were relieved only through the efforts of Charles <a id="Sumner187"></a>Sumner.<sup class="topnum"><a href="#fn187">187</a></sup></p>
+
+<p>Another instance of the same sort is the case of Mr. Jonathan Walker, in
+1844. With seven fugitives he embarked from Pensacola in an open boat for
+the Bahama Islands, but he received a sun-stroke and was obliged to leave
+the management of the craft in the hands of the negroes. On account of
+the accident, they were overtaken by two sloops, and both fugitives and
+their protector captured. Mr. Walker was twice tried, imprisoned,
+sentenced to stand in the pillory, and branded on the hand with the
+letters S. S., slave <a id="stealer188"></a>stealer.<sup class="topnum"><a href="#fn188">188</a></sup> The crime and the punishment have
+alike been glorified in Whittier's verses:&mdash;</p>
+
+
+<div class="poem">
+<span class="i0">"Then lift that manly right hand, bold ploughman of the wave!</span><br />
+<span class="i0">"Its branded hand shall prophesy 'Salvation to the Slave!'</span><br />
+<span class="i0">"Hold up its fire-wrought language that whoso reads may feel</span><br />
+<span class="i0">"His heart swell strong within him, his sinews change to <a id="steel189"></a>steel."<sup class="topnum"><a href="#fn189">189</a></sup></span></div>
+
+
+<p><b>§&nbsp;51. <a id="Unpopularity"></a>Unpopularity of the Fugitive Slave Act of 1850.</b>&mdash;The
+passage of the new law probably increased the number of antislavery
+people more than anything else which had occurred during the whole
+agitation. Many of those formerly indifferent were roused to active
+opposition by a sense of the injustice of the Fugitive Slave Act as they
+saw it executed in Boston and elsewhere. Hence, in the cases of the
+period from 1850 to the outbreak of the Civil War, we shall find a new
+element. The antislavery party, grown strong, resisted the regulations,
+and instead of the unquestioned return of a fugitive, as in colonial
+times, or of prosecutions carried on under the simple conditions of the
+act of 1793, the struggle became long and complex. In fact during this
+time hardly an important case can be cited in which there was not some
+opposition to the natural course of the law. These exasperating effects
+were not at first apparent to the South, since before the famous rescues
+began several cases of rendition showed the power of the Executive. As
+the escapes grew more and more frequent yearly, increasing all the time
+in boldness, the slaveholders put forth greater efforts to punish the
+offenders, and prosecutions were numerous. But the "new law had no moral
+foundation," and against such an act public sentiment must sooner or
+later revolt, no matter how severe may be its <a id="provisions190"></a>provisions.<sup class="topnum"><a href="#fn190">190</a></sup> As Mr.
+James Freeman Clarke has said, "It was impossible to convince the people
+that it was right to send back to slavery men who were so desirous of
+freedom as to run such risks. All education from boyhood up to manhood
+had taught us to believe that it was the duty of all men to struggle for
+<a id="freedom191"></a>freedom."<sup class="topnum"><a href="#fn191">191</a></sup></p>
+
+<p><b>§&nbsp;52. Pri<a id="ncip"></a>nciple of the selection of cases.</b>&mdash;The large number of cases
+occurring between 1850 and 1860 renders it impossible to present a
+detailed account of them all in a brief monograph. The selection,
+therefore, includes only such as are typical of the various phases of the
+agitation.</p>
+
+<p><b>§&nbsp;53. <a id="Hamlet_case"></a>Hamlet case (1850).</b>&mdash;The first recorded action under the provisions
+of the law of 1850 took place on the 26th of September of that year, just
+eight days after the passage of the act. James Hamlet, a free negro, who
+with his family had been living for several years in New York, was on
+that day arrested by a deputy United States Marshal as the fugitive slave
+of Mary Brown of Baltimore. After a hasty examination by Commissioner
+Gardiner, he was surrendered in accordance with the new law.
+These proceedings were not sufficiently well known at the time to excite
+a mob, but when discovered they roused so strong a feeling that the money
+necessary to redeem Hamlet was almost immediately raised, and on the 5th
+of October he was brought back from <a id="slavery192"></a>slavery.<sup class="topnum"><a href="#fn192">192</a></sup></p>
+
+
+
+<h3><span>Sims and Burns.</span></h3>
+
+ <p><b>§&nbsp;54. S<a id="ims"></a>ims case (1851).</b>&mdash;Another instance in Boston, often mentioned as
+the first under the law of 1850, but really six months later than the
+Hamlet case, is that of Thomas M. Sims. A common method of seizure was
+followed. Marshal Tukey arrested Sims on a false charge of theft. Mr.
+Potter of Virginia then claimed him as his slave. Court Square was filled
+with people. The Marshal feared a popular outbreak while the matter was
+pending, and, to the indignation of the city, caused the court-house in
+which Sims was confined to be surrounded with chains. As these were but
+four feet from the ground, the judges as they went in and out from the
+sessions were forced, morning and night, to bow beneath them. The
+building was also strongly guarded by a company of armed men, ever
+afterward known as the "Sims Brigade." Robert Rantoul, Jr. and Samuel E.
+Sewall conducted Sims's case. Commissioner Curtis overruled the
+constitutional objections to the Fugitive Slave Law, and to the judicial
+functions of the Commissioners of the United States courts. Then, despite
+all efforts of the antislavery people in his behalf, the certificate
+which sent Sims back to Virginia was made out and signed by Commissioner
+<a id="Curtis193"></a>Curtis.<sup class="topnum"><a href="#fn193">193</a></sup> The Liberator says of the popular sentiment: "One feeling
+was visible on almost every countenance, commiseration,
+humiliation,&mdash;commiseration for the victim, humiliation at the
+degradation of Massachusetts. No man talked, no man thought, of violence.
+Why? Because it is acquiesced in? No! no! Because it is approved? A
+thousand times, no! but because government is pleased to enforce the law,
+and resistance is <a id="hopeless194"></a>hopeless."<sup class="topnum"><a href="#fn194">194</a></sup> Sims was taken from his cell in the
+early morning, observed only by a few faithful vigilants, and, amid
+platoons of armed men, conducted to the United States ship Acorn, which
+was detailed to carry him back to the <a id="South195"></a>South.<sup class="topnum"><a href="#fn195">195</a></sup></p>
+
+<p>The indignation of the antislavery people remained to be expressed, and a
+mass meeting was held on the Common and in Tremont Temple.
+Wendell Phillips and Theodore Parker addressed the assemblage, and
+Phillips noticed the fact that hostile troops had not been seen in the
+streets of Boston since the redcoats marched up from Long <a id="Wharf196"></a>Wharf.<sup class="topnum"><a href="#fn196">196</a></sup></p>
+
+<p><b>§&nbsp;55. B<a id="urns"></a>urns case (1854).</b>&mdash;The rendition of Anthony Burns in 1854 was the
+last great fugitive slave case which occurred in Boston. Burns was the
+property of Charles F. Suttle of Virginia. He escaped in 1854, and came
+to Boston. One of the first things he did was to write a letter to his
+brother, still a slave in the South. Unfortunately, though this was
+mailed in Canada, by some oversight it was dated in Boston. Since a
+letter to a slave was always opened by the master, Burns's hiding place
+was <a id="discovered197"></a>discovered.<sup class="topnum"><a href="#fn197">197</a></sup> He was arrested upon the usual charge of theft.
+Then, upon a warrant issued by Judge Loring, he was claimed as a fugitive
+slave by Suttle.</p>
+
+<p>When the knowledge of the arrest began to circulate, the most intense
+excitement prevailed. Handbills asking all antislavery people to go to
+Boston were sent throughout the country. Public meetings held in Faneuil
+and Meionaon Halls were crowded with representatives from all the towns
+<a id="about198"></a>about.<sup class="topnum"><a href="#fn198">198</a></sup> One of the people who took part in the attempted rescue which
+followed one of these meetings thus describes it:&mdash;</p>
+
+<div class="blockquot">
+<p>"On the evening of the 26th of May, we went down to Faneuil Hall to hear
+Wendell Phillips. He counselled waiting until morning before any attempt
+to rescue Burns should be made, but the excited audience silenced him
+with shouts of 'No, no! to-night! to-night!'</p>
+
+<p>"Mr. Phillips saw that it was useless to try to go on, so he sat down and
+Mr. Theodore Parker began speaking. At first he advocated the same plan,
+but at last, as he found the crowd growing more and more eager and
+uproarious, he said, 'Well, if you will, let us go!' and led the way out
+of the hall. The people followed, and my friend and I were among the
+first to reach the court-house. There we found prepared for us long beams
+and boxes of axes. Five or six men seized one of these beams, and before
+its pressure the large door of the court-house crushed like glass. Mr.
+Higginson first stepped in, but just then a pistol shot was heard, and
+the mob fell back. Mr. Higginson looked around, and entreated
+them not to desert him, but the favorable moment was gone. The people
+should have lost no time in filling the house, for the marines had been
+ordered from the Navy Yard, and when they appeared nothing further could
+be <a id="done199"></a>done."<sup class="topnum"><a href="#fn199">199</a></sup> In this riot James Batchelder, one of the Marshal's
+guards, was killed. </p>
+</div>
+
+
+<p>At the trial, though Burns was ably defended by Mr. R. H. Dana and
+others, it was of no avail. His identity was unfortunately established
+from the first. He had recognized and addressed his master, and also a
+Mr. Brant, who had once hired him. The order for his rendition was
+therefore at once <a id="given200"></a>given.<sup class="topnum"><a href="#fn200">200</a></sup></p>
+
+<p>Guarded by a large military force he was conducted through the streets,
+filled with an indignant multitude, to the United States cutter Morris,
+which had been ordered by the President to take him <a id="back201"></a>back.<sup class="topnum"><a href="#fn201">201</a></sup> Many
+buildings on the route were hung with black, and so great was the popular
+excitement, that Rev. J. F. Clarke, an eyewitness of the affair, has
+said: "It was evident that a very trifling incident might have brought on
+a collision, and flooded the streets with blood."</p>
+
+<p>The difficulty of enforcing the act was shown in the precautionary
+measures immediately adopted by the government. The city police, the
+militia, the marines, and some regular troops, were ordered out to the
+task of guarding one poor fugitive. It cost the country one hundred
+thousand dollars to send this single slave back to his <a id="master202"></a>master.<sup class="topnum"><a href="#fn202">202</a></sup></p>
+
+<p>Not long after Burns's return, a sum of money, to which Charles Devens,
+United States Marshal at his trial, contributed largely, was raised in
+Boston and the vicinity for his purchase; but it was found impossible to
+effect <a id="it203"></a>it.<sup class="topnum"><a href="#fn203">203</a></sup></p>
+
+<p>Mr. Higginson, Wendell Phillips, and Theodore Parker, with others, were
+indicted for riot, but the indictment was quashed by Judge Curtis on
+technical grounds, and they were <a id="discharged204"></a>discharged.<sup class="topnum"><a href="#fn204">204</a></sup></p>
+
+
+
+
+<h3><span>Garner and Shadrach.</span></h3>
+
+<p><b>§&nbsp;56. <a id="Garner"></a>Garner case (1856).</b>&mdash;Of all the cases of rendition, the saddest,
+and next to the Burns case probably the best known at the time,
+was that of Margaret Garner. In accounts of the Underground Railroad we
+are told that winter was the favorite season for flight in the section of
+the country south of the Ohio, since ice then covered the river, and the
+difficulty of crossing by boat did not arise. It was at this season that
+Simeon Garner, his son Robert, and their families, fled from Kentucky and
+crossed the frozen stream to the house of a colored man in Cincinnati.
+They were soon traced thither, and after a desperate hand to hand
+struggle the house was entered. There the pursuers found that Margaret
+Garner, preferring for her children death to slavery, had striven to take
+their lives, and one lay dead. The case was immediately brought into
+court, where, despite the efforts made to save them, rendition was
+decided upon. On the way back, Margaret, in despair, attempted to drown
+herself and her child in the river; but even the deliverance of death was
+denied her, for she was recovered and sold, to be carried yet farther
+<a id="south205"></a>south.<sup class="topnum"><a href="#fn205">205</a></sup></p>
+
+<p><b>§&nbsp;57. Sh<a id="adrac"></a>adrach case (1851).</b>&mdash;In the three typical cases just described,
+neither the law's delay, violent interference, nor the desperation of the
+slave, availed to prevent the return of the fugitive to the oppressor.
+Let us turn from this group, and take up those more important cases
+wherein the law was not allowed to complete its course, but rescues were
+accomplished, either by free negroes or antislavery people. First in time
+and importance comes the case of Shadrach, which occurred in Boston in
+February, 1851.</p>
+
+<p>In May, 1850, a slave named Frederic Wilkins had run away from Virginia
+and come to Boston, where he found employment as a waiter in the Cornhill
+Coffee House under the alias of Shadrach. He had been there not quite a
+year, however, when John De Bere, his master in Norfolk, sent some one in
+pursuit of him. A warrant was served and he was arrested while at work.
+United States Commissioner Riley then took him to the court-house, where
+Mr. List, a young lawyer of antislavery sympathies, offered his aid as
+counsel, and Messrs. Charles G. Davis, Samuel E. Sewall, and Ellis Gray
+Loring also came to his assistance. Mr. List obtained some delay in the
+proceedings; but since, by the act <a id="of206"></a>of 1843,<sup class="topnum"><a href="#fn206">206</a></sup> the use of State jails
+had been denied for fugitives, the officers were obliged to keep the
+prisoner in the court-room until another place of confinement could be
+found. By this time a large number of people had gathered about the
+building, and were trying to force an entrance. For a long time
+they were unable to enter, but at last opportunity was given as Mr. Davis
+opened the door to leave the court-room. In spite of all efforts on the
+part of the officers to close the door, a body of colored people under
+the lead of Lewis Hayden rushed in and seized the prisoner. They carried
+him triumphantly out of the court-room on their shoulders, and soon saw
+him safely started for Canada. Mr. Davis and others were prosecuted for
+aiding in the rescue, but nothing was proved against them. Intense
+excitement prevailed in the city, and finally throughout the country,
+since Congress took up this infringement of the <a id="law207"></a>law.<sup class="topnum"><a href="#fn207">207</a></sup></p>
+
+<p>Mr. Clay, February 17, 1851, introduced a resolution which requested the
+President to send to Congress "any information he may possess in regard
+to the alleged recent case of a forcible resistance to the execution of
+the laws of the United States in the city of Boston," and communicate to
+Congress "what means he has adopted to meet the occurrence," and
+"whether, in his opinion, any additional legislation is necessary to meet
+the exigencies of the <a id="case208"></a>case."<sup class="topnum"><a href="#fn208">208</a></sup> President Pierce then issued a
+proclamation announcing the facts to the country, and calling on all
+people to assist in quelling this and other disturbances. The Senate's
+request was also answered in an Executive message to Congress, which
+announced to them that the President would use all his constitutional
+powers to insure the execution of the laws. Such unusual national
+interference gave the case wide celebrity, and, as Von Holst says, "The
+pretensions and assumptions of the South were encouraged in a very unwise
+way, by the fact that, by such a manner of treating the matter, people
+seemed to recognize that it was entitled to hold the whole North
+responsible for every violation of the compromise, which could properly
+be laid at the door of only a few individuals. The proclamation and the
+message placed the compromise in a far more glaring light than the
+liberation of <a id="Shadrach209"></a>Shadrach."<sup class="topnum"><a href="#fn209">209</a></sup></p>
+
+
+
+
+<h3><span>Rescues.</span></h3>
+
+<p><b>§&nbsp;58. <a id="Jerry_McHenry"></a>Jerry McHenry rescue (1851).</b>&mdash;Later, a case occurred at Syracuse,
+New York, which was a significant illustration of the successful action
+of a vigilance committee. Jerry McHenry, a respectable colored man who
+had lived for several years in that city, was arrested in
+October, 1851, as a fugitive slave. At the examination, which took place
+at two o'clock in the afternoon, he found opportunity to break away from
+the officers and escape through the crowd, which opened to allow him to
+pass. He was, however, immediately pursued and recaptured. It so happened
+that an Agricultural Fair and a convention of the Liberty Party were
+going on at that time in Syracuse, and the city was unusually full of
+people. When the alarm bell gave notice to the vigilance committee that a
+negro had been seized, Mr. Gerrit Smith, who was attending the meetings,
+and Rev. Samuel J. May, with others, hastened to the scene. The
+Commissioner, after the capture, had again taken up the trial, but such a
+disturbance was made by the crowd which gathered outside that he was
+forced to adjourn. Meanwhile, Mr. Smith with the committee had planned a
+rescue, and at about half-past eight fully two thousand people had
+assembled, and an assault was begun upon the court-house. They broke
+doors and windows, overpowered the officers, and at last bore Jerry away
+in triumph.</p>
+
+<p>He remained in the home of a friend until he could be sent to Canada.
+Prosecutions were immediately instituted, and eighteen persons indicted
+for taking part in the rescue, but nothing came of the case. On the other
+side, Henry W. Allen, Marshal in the case, was tried for kidnapping. The
+judge declared the Fugitive Slave Act unconstitutional, but a verdict of
+not guilty was <a id="rendered210"></a>rendered.<sup class="topnum"><a href="#fn210">210</a></sup></p>
+
+
+<p><b>§&nbsp;59. Oberlin-Wellington <a id="rescue_1858"></a>rescue (1858).</b>&mdash;Sometimes, however, general
+sentiment was so strong that the rescue became, not an action instigated
+and carried through by three or four determined men, but the indignant
+uprising of a whole town. Such was the Oberlin-Wellington case,
+celebrated for the great number of prosecutions and the high character of
+those engaged in it. Two kidnappers from Kentucky induced an Oberlin boy,
+by a bribe of twenty dollars, to entice away a negro named John Rice on
+pretence of giving him work. Having taken him to a lonely spot, he was
+seized and carried about eight miles across country to Wellington, there
+to await the south bound train.</p>
+
+<p>On the way the party was overtaken by an Oberlin College student, who at
+once gave the alarm. A crowd gathered and followed the kidnappers to the
+railway station. There, by placing a ladder upon the balcony
+they succeeded in rescuing John from the upper story of the house in
+which he was confined. For this violation of the law thirty-seven
+citizens of Oberlin and Wellington were indicted. This produced the
+greatest excitement all over the country, and the case grew more and more
+complicated, until the proceedings had lasted several months. Public
+meetings to express sympathy with the prosecuted were held in many
+places. Some of them were imprisoned to await the trial, but no severe
+sentences were <a id="imposed211"></a>imposed.<sup class="topnum"><a href="#fn211">211</a></sup></p>
+
+
+
+
+<h3><span>Castner Hanway. John Brown.</span></h3>
+
+<p><b>§&nbsp;60. <a id="Christiana"></a>Christiana&nbsp;case&nbsp;(1851).</b>&mdash;Occasionally the rescue of fugitives was
+not accomplished by a sudden unorganized movement, but by a deliberate
+armed defence on the part of the slaves and their friends. In the
+Christiana case the affair was marked by violence and bloodshed, while
+the fact that the Quakers Castner Hanway and Elijah Lewis were afterward
+prosecuted made it notorious; and the further fact that the charge was
+not, as usual, that of aiding a fugitive, but of treason, gave it still
+greater interest.</p>
+
+<p>In and about Christiana, Pennsylvania, there were many negroes who had
+formerly been slaves, descriptions of whom were frequently furnished to
+kidnappers by a band of men known throughout the country as the "Gap
+Gang." A league for mutual protection had therefore been formed by the
+colored people, and prominent among them for intelligence and boldness
+was William Parker. Soon after the passage of the law of 1850, Edward
+Gorsuch and a party came from Maryland to Christiana for a fugitive
+slave. With United States officers from Philadelphia they went
+immediately to the house of William Parker, where the man they were
+seeking was sheltered. When their demand was refused, they fired two
+shots at the house. This roused the people, and a riot ensued in which
+the fugitive escaped. Mr. Gorsuch was killed, his son desperately
+wounded, and the rest put to flight. Castner Hanway at the beginning of
+the struggle was notified of the kidnappers' presence, and, though feeble
+in health, hastened to the scene. When ordered by Marshal Kline to aid
+him in accordance with the law, he refused; yet, far from leading in the
+affair, he tried in every way to prevent bloodshed and bring about peace.</p>
+
+<p>After it was over, Parker, with two other colored men, knowing that
+arrest must follow, secreted themselves under piles of shavings in an old carpenter's shop. At night they sent four wagons in different
+directions as decoys for the detectives, and were carried safely away by
+a fifth. Many negroes hid that night in the corn shocks, and under the
+floors of houses, until escape could be made in <a id="safety212"></a>safety.<sup class="topnum"><a href="#fn212">212</a></sup></p>
+
+<p>Castner Hanway was arrested, and arraigned before the United States court
+on the charge of treason; but no proof of a conspiracy to make a general
+and public resistance to the law could be found, and he was acquitted.
+Afterward it was desired to try Hanway and Lewis for "riot and murder,"
+but the grand jury ignored the bill, and all prisoners were released.
+With these prosecutions the end of the affair was apparently reached,
+though perhaps its influence may be traced in a succeeding case.</p>
+
+<p><b>§&nbsp;61. Miller <a id="case_1851"></a>case (1851).</b>&mdash;A noted kidnapper from Maryland, in 1851,
+seized a free negro girl living at the house of Mr. Miller, in
+Nottingham, Pennsylvania, and took her to Baltimore. Mr. Miller followed
+them, and succeeded in getting her freed. He then started back, but never
+reached home. Search was made, and his body found upon the way. It was
+thought that the murder was committed in revenge for the part he had
+taken in the Christiana <a id="riot213"></a>riot.<sup class="topnum"><a href="#fn213">213</a></sup></p>
+
+<p><b>§&nbsp;62. John Brown in <a id="Kansas_1858"></a>Kansas (1858).</b>&mdash;It was during this period also that
+John Brown was endeavoring to put into execution his famous plan for
+freeing the slaves. This is interesting, not only as typical of organized
+efforts to free the slaves on the plantations, but also because of its
+connection with other phases of the slavery question, into which we shall
+not attempt to enter here. His idea was first to gather as large a force
+as possible, then, when his men were properly drilled, to run off the
+slaves in large numbers; to retain the brave and strong in the mountains,
+and to send the weak and timid to the North by the "Underground
+<a id="Railroad214"></a>Railroad."<sup class="topnum"><a href="#fn214">214</a></sup></p>
+
+<p>In December, 1858, Brown divided his forces into two divisions, and went
+into Missouri. Here he succeeded in freeing eleven slaves, and, though
+pursued by a far superior number of Missourians, took them safely into
+Kansas. The affair, by its boldness, created great excitement throughout
+the South. The Governor of Missouri offered three thousand dollars
+reward, and the President of the United States two hundred and
+fifty dollars, for Brown's capture; within a very short time he had
+succeeded in conveying himself and his eleven fugitives safely into
+Canada, and the horses which he had appropriated from the slaveholders in
+order to carry his protegés out of Kansas were afterward publicly sold by
+him in <a id="Ohio215"></a>Ohio.<sup class="topnum"><a href="#fn215">215</a></sup></p>
+
+
+
+
+
+<h2><span><a id="CHAPTER_IV"></a>CHAPTER IV.</span>
+
+<span><i>FUGITIVES AND THEIR FRIENDS.</i></span></h2>
+
+
+<div class="poem">
+<span class="i0">§&nbsp;63. <a href="#Methods_of_escape">Methods of escape.</a></span><br />
+<span class="i3"> §&nbsp;64. <a href="#ason">Reasons for escape.</a></span><br />
+<span class="i3"> §&nbsp;65. <a href="#ndit">Conditions of slave life.</a></span><br />
+<span class="i3"> §&nbsp;66. <a href="#wood">Escapes to the woods.</a></span><br />
+<span class="i3"> §&nbsp;67. <a href="#the_N">Escapes to the North.</a></span><br />
+<span class="i3"> §&nbsp;68. <a href="#protection_papers">Use of protection papers.</a></span><br />
+<span class="i3"> §&nbsp;69. <a href="#Fugitives_disguised">Fugitives disguised as whites: Craft case.</a></span><br />
+<span class="i0">§&nbsp;70. <a href="#rgro">Underground Railroad.</a></span><br />
+<span class="i3"> §&nbsp;71. <a href="#ise">Rise and growth of the system.</a></span><br />
+<span class="i3"> §&nbsp;72. <a href="#ds_pu">Methods pursued.</a></span><br />
+<span class="i3"> §&nbsp;73. <a href="#ts_of">Colored agents of the Underground Railroad.</a></span><br />
+<span class="i3"> §&nbsp;74. <a href="#f_age">Prosecutions of agents.</a></span><br />
+<span class="i3"> §&nbsp;75. <a href="#Formal">Formal organization.</a></span><br />
+<span class="i3"> §&nbsp;76. <a href="#enera">General effect of escapes.</a></span><br />
+</div>
+
+<p><b>§&nbsp;63. <a id="Methods_of_escape"></a>Methods of escape.</b>&mdash;The great increase in the number of fugitives
+after 1850 was in part due to the uneasiness felt by Northern people
+under a law which made them co-workers with the South in a system of
+slave hunting, and in part to the greater ease of communication now
+afforded between the two sections. The knowledge that there was in the
+North a body of "abolitionists" eager to aid them from bondage to freedom
+was also spreading more widely each day among the slaves.</p>
+
+<p>Public interest in the subject was more and more aroused, not only by the
+cases of cruelty and injustice which were forcibly brought to the
+attention of Northern communities, but also by the romantic and thrilling
+episodes of the escapes. To understand the attitude of the North toward
+fugitives, it is necessary to examine some of the different methods used
+by the fugitives in their flight. Perhaps a better point of view than
+that of the outside observer will be gained by placing ourselves in the
+position of the slave, and examining his motives for flight, the
+difficulties which he encountered at home, the manner in which he
+overcame them, and, finally, the various paths of escape then open to
+him, and the agencies which befriended him and forwarded him on his way.</p>
+
+
+
+<h3><span>Reasons for Escape.</span></h3>
+
+<p><b>§&nbsp;64. Re<a id="ason"></a>asons for escape.</b>&mdash;First, why did the slave seek to escape?
+However unlike the attending circumstances, we find upon investigation
+that the negro's desire to run away may be traced to one of but three or
+four motives. Among the more intelligent slaves, who could comprehend the
+nature and injustice of their position, it often rose solely from the
+upspringing in their hearts of that love of freedom natural to all men.
+It is probable that in the greater number of cases this was the motive at
+the root of the matter. A fugitive, on being questioned at an Underground
+Railroad station as to his reasons for escape, replied that he had had a
+kind master, plenty to eat and to wear, but that notwithstanding this for
+many years he had been dissatisfied. He was thirsting for <a id="freedom216"></a>freedom.<sup class="topnum"><a href="#fn216">216</a></sup>
+Another said that his owner had always been considerate, and even
+indulgent to him. He left for no other reason than simply to gain his
+<a id="liberty217"></a>liberty.<sup class="topnum"><a href="#fn217">217</a></sup></p>
+
+<p>A second reason, and that which perhaps most frequently led them to take
+the decisive step in this often long premeditated act, was the cruel
+treatment received from their masters. An owner upon one of the Southern
+plantations said his slaves usually ran away after they had been whipped,
+or something had occurred to make them <a id="angry218"></a>angry.<sup class="topnum"><a href="#fn218">218</a></sup></p>
+
+<p>A third and very effective cause was the fear of being sold South, where
+slave life, spent in toil under the merciless masters of the rice swamps
+and cotton fields, was seen on its darkest side. Such was the horror with
+which the slave regarded this change, that the threat of it was
+constantly used by owners as one of the surest means of reducing their
+rebellious slaves to submission. In the Virginia Slave Mother's Farewell
+to her Daughters who have been sold into Southern bondage, Whittier has
+well expressed their <a id="feelings219"></a>feelings.<sup class="topnum"><a href="#fn219">219</a></sup></p>
+
+<p>Many cases of this kind came to light through the examinations
+at the Underground Railroad stations. Three brothers once learned that
+the next day they were to be sent South with a slave trader then in the
+vicinity. Filled with terror at the prospect, they preferred the danger
+of death in the swamps to the certainty of life in the unknown country.
+That night they made their escape, but it was only after weeks of
+wandering in swamps and morasses that they reached a <a id="haven220"></a>haven.<sup class="topnum"><a href="#fn220">220</a></sup></p>
+
+<p>So long as a black family remained together upon one plantation, their
+love for one another operated as the strongest bond to prevent their
+departure; but when, as constantly happened, the sale and separation of
+the members scattered families far and wide, with no hope of reunion, the
+firmest and often the sole tie which bound them to the South was broken.
+There was no longer anything to hold them <a id="back221"></a>back.<sup class="topnum"><a href="#fn221">221</a></sup></p>
+
+<p><b>§&nbsp;65. Co<a id="ndit"></a>nditions of slave life.</b>&mdash;These are some of the motives which led
+the slave to plan an escape. It will now be well to glance at those
+surrounding conditions, incident to the time and country, which made
+successful flight particularly difficult. First, the slave was a negro;
+and in the South, where the presumption was that every black man must be
+a slave, the color of his skin gave not only a means of tracing him, but
+also made him liable at any moment to questioning and arrest.</p>
+
+<p>In both city and country patrols were appointed, whose duty it was to
+keep strict watch over the negroes; and any slave found away from his
+plantation, unless in livery or provided with a pass, could be
+whipped and sent back to his <a id="master222"></a>master.<sup class="topnum"><a href="#fn222">222</a></sup> It was also lawful for any
+white man to seize and carry a stray slave to the nearest <a id="jail223"></a>jail.<sup class="topnum"><a href="#fn223">223</a></sup> The
+next morning, if not claimed, he was advertised in a manner of which the
+following is an example:&mdash;</p>
+
+<div class="blockquot">
+ <p>"Was taken up and committed to the jail of Halifax Co., on the 26th
+ day of May, a dark colored boy who says his name is Jordan Artis;
+ said boy says he was born free, and bound out to Mr. Beale, near
+ Murfreesboro, Hartford Co., N. C., and is now twenty-one years of
+ age. Owner is requested to come forward, prove property, pay charges,
+ and take said boy away within time prescribed by law, otherwise he
+ will be dealt with as the law directs.</p>
+
+
+ <p class="ralign5"> "<span class="smcap">O. P. Shell</span>, <i>Jailer.</i></p>
+
+ <p>"Halifax Co., N. C., <a id="June224"></a>June 8, 1855."<sup class="topnum"><a href="#fn224">224</a></sup></p>
+</div>
+
+
+<p>If not claimed within one year, such a prisoner could be sold by the
+jailer. Thus Olmsted remarks that "the security of the whites is not so
+much dependent upon patrols, as on the constant, habitual, and
+instinctive surveillance and authority of all white people over the
+<a id="blacks225"></a>blacks."<sup class="topnum"><a href="#fn225">225</a></sup></p>
+
+<p><b>§&nbsp;66. Escapes to the <a id="wood"></a>woods.</b>&mdash;If an opportunity for escape should present
+itself, the first question for the slave was, "In what direction shall I
+turn?" Many slaves knew nothing of the Northern people, or had heard of
+Canada only as a cold, barren, uninviting country, where the negro must
+perish. To those who had neither the courage nor the knowledge requisite
+for a long journey, the woods and swamps near by offered the only refuge.
+There they built cabins, or lived in caves, and got food by hunting and
+fishing, and by raids upon the neighboring plantations.</p>
+
+<p>In one of the papers of the day an underground den is noticed, the
+opening of which, though in sight of two or three houses, and near roads
+and fields, where passing was constant, had been so concealed by a pile
+of straw, that for many months it had remained unnoticed. When
+discovered, on opening a trap-door, steps were seen leading down into a
+room about six feet square, comfortably ceiled with boards, and
+containing a fire-place. The den was well stocked with food by the
+occupants, who had been missing about a <a id="year226"></a>year.<sup class="topnum"><a href="#fn226">226</a></sup></p>
+
+<p> In most cases slaves were not so bold, and preferred concealment
+on an uninhabited island, or a bit of land surrounded by morasses. We
+often find advertisements of the time, mentioning such places as the
+probable refuge of runaways. The Savannah Georgian of 1839 offers a
+reward for two men who have been out for eighteen months, and are
+supposed to be encamped in a swamp near Pine Grove Plantation.</p>
+
+<p>In the Great Dismal Swamp, which extends from near Norfolk, Virginia,
+into North Carolina, a large colony of these fugitive negroes was
+established, and so long was the custom continued that children were
+born, grew up, and lived their whole lives in its dark recesses. Besides
+their hunting and fishing, they sometimes obtained food and money, in
+return for work, from the poor whites and the negroes who had homes on
+the borders of the swamp. It was this practice of remaining out near home
+which, under easy masters, brought about the habitual runaways,&mdash;men who
+were constantly escaping, and after a little time returning, often of
+their own <a id="accord227"></a>accord.<sup class="topnum"><a href="#fn227">227</a></sup> One of his masters said of William Browne,
+afterward a well known speaker upon slavery, that he hesitated some time
+before he invested seven hundred dollars in William, for he was "a noted
+<a id="runaway228"></a>runaway."<sup class="topnum"><a href="#fn228">228</a></sup> Again, in a Southern paper advertising a sale of slaves,
+one description is thus given: "Number 47, Daniel, a runaway, but has not
+run away during the last two years, aged 28 <a id="years229"></a>years."<sup class="topnum"><a href="#fn229">229</a></sup></p>
+
+
+
+
+<h3><span>Escapes to <a id="the_N"></a>the North.</span></h3>
+
+<p><b>§&nbsp;67. Escapes to the North.</b>&mdash;Of those who, with heroic hearts and firm
+courage, determined to reach even Canada, many had seldom left the
+plantation on which they were born, and were so completely ignorant of
+geography and relative distances, that the best and quickest way
+northward could seldom be chosen. They knew nothing of the facilities for
+communication possessed by their masters through newspapers and
+telegraph, and would often fancy themselves safe when they had travelled
+but a short distance from home. In reality, the white people about were
+often fully informed against them, and arrests were almost sure to
+<a id="follow230"></a>follow.<sup class="topnum"><a href="#fn230">230</a></sup></p>
+
+<p>The journeys of the fugitives were necessarily long, since unfrequented
+ ways were generally chosen, and but part of the day could be
+used. There is a record of a man who had "taken a whole year in coming
+from Alabama to Cincinnati. He had travelled only in the night, hiding in
+the woods during the day. He had nothing to eat but what he could get
+from the fields, sometimes finding a chicken, green corn, or perhaps a
+small <a id="pig231"></a>pig."<sup class="topnum"><a href="#fn231">231</a></sup></p>
+
+<p>Although the methods pursued were innumerable, and varied from those of
+the man whose only guide was the north star, to those of the party aided
+onward by the most elaborate arrangements of the Underground Railroad,
+the fugitive was obliged to follow one of two great routes, by water or
+by land. From the earliest times the ship had been a favorite refuge.
+Once on board a craft bound to a Northern port, the fugitive was almost
+certain of reaching that destination, and, once arrived, could hope for
+protection from the Northern friends of whom vague rumors had penetrated
+the South. New laws, therefore, bore more and more heavily upon captains
+who should be found guilty of harboring a slave, and many cases were made
+public of cruel treatment experienced by slaves at the hands of captains
+who sent them directly back. Nevertheless, escapes on shipboard still
+occurred frequently through the years of slavery. A method commonly used
+by women in getting on board was to disarm suspicion by appearing to be
+carrying some freshly laundered clothes to the sailors.</p>
+
+
+<p><b>§&nbsp;68. Use of <a id="protection_papers"></a>protection papers.</b>&mdash;Another method called for less physical
+effort on the part of the fugitive, but for greater coolness. It was
+simply to procure from some freeman his protection papers, and to show
+them whenever necessary to disarm suspicion. As the descriptions could
+seldom be made to agree, both giver and receiver were placed in
+situations of the greatest risk. It was thus, however, that Frederick
+Douglass travelled in the most open manner from Baltimore to New York,
+and escaped from a bondage to which he never afterward <a id="returned232"></a>returned.<sup class="topnum"><a href="#fn232">232</a></sup></p>
+
+
+
+
+<h3><span>Fugitives disguised as Whites.</span></h3>
+
+<p><b>§&nbsp;69. <a id="Fugitives_disguised"></a>Fugitives disguised as whites: Craft case.</b>&mdash;Sometimes the boldest
+plans succeeded best if supported by sufficient firmness and presence of
+mind. Three negroes possessed of a considerable sum of money once
+determined upon a plan, startling in its simplicity and success. They
+hired a good travelling coach and horses. They then bribed a white beggar
+to dress as a Virginian gentleman, while they mounted the coach
+as his driver and footmen; and in this guise they successfully made their
+way into <a id="Canada233"></a>Canada.<sup class="topnum"><a href="#fn233">233</a></sup></p>
+
+<p>Another example of unconcealed flight is found in the often told story of
+the escape of William and Ellen Craft, in 1848. They lived in Macon,
+Georgia, and were generally well treated. But Ellen had been compelled to
+go North with her mistress, and leave her little child at home; during
+this absence, the child died uncared for. From that time she determined
+to <a id="escape234"></a>escape.<sup class="topnum"><a href="#fn234">234</a></sup></p>
+
+<p>William at last arranged a plan which was successfully carried out. Ellen
+was nearly white. She personated a young Southern planter, while William
+accompanied her as her servant. She carried her right arm in a sling so
+that she might not be expected to write, bandaged her smooth face, and
+put on a pair of green goggles. Thus disguised, she succeeded in buying
+tickets for herself and servant without discovery. In the train she was
+terrified to see a gentleman who had known her from childhood. He even
+sat down by her, and spoke, but to her great relief, he saw in her only a
+young invalid going North for his health. From Savannah they took a
+steamer to Charleston. There they had some difficulty in passing
+inspection, but their most dangerous stopping place was Baltimore, where
+every white man with a slave was required to prove his right of property
+before he could be allowed to go on to Philadelphia. After some
+conversation Ellen told the officer that she knew no one in Baltimore,
+and had no proofs that William was her slave; but that he was necessary
+to her on account of her illness, and she must take him on. The officer
+finally relented, as the train was about to start, and Baltimore was
+safely passed.</p>
+
+<p>At Philadelphia shelter was found among the Quakers, and thence they
+pushed on to Boston. Here they engaged the attention of Theodore Parker,
+and he protected them during their stay. William took up his trade of
+cabinet-making, while Ellen added to their income by sewing. They lived
+thus quietly until the passage of the Fugitive Slave Law in 1850. From
+that time, to remain even in Boston was hazardous. Soon after, there
+appeared one day in William's shop a man who had worked with him in the
+South. He immediately suspected the presence of others, and took refuge
+among friends. For two weeks Ellen was with Mr. Parker, who
+wrote his sermons during her stay with his sword in a drawer under his
+inkstand, and a pistol in his desk.</p>
+
+<p>They were then taken to Mr. Ellis Gray Loring's home. Here William showed
+a most honorable spirit. When he found Mr. Loring was not at home he
+would not remain, saying, "I am subjecting him to a heavy fine and
+imprisonment, and I must go at once to look for some other shelter."</p>
+
+<p>His pursuers, who had come from Georgia, were staying at the United
+States Hotel. The knowledge of their object was soon spread abroad, and
+they dared not go into the streets for fear of a mob. Handbills, calling
+attention to them, were placed everywhere, and cries of "Slave hunters!
+there go the slave hunters!" were heard on all sides. At last, they were
+absolutely compelled to leave the city. William and Ellen no longer felt
+safe, and therefore went to England, where the remainder of their life
+was spent in <a id="peace235"></a>peace.<sup class="topnum"><a href="#fn235">235</a></sup></p>
+
+
+
+
+<h3><span>The Underground Railroad.</span></h3>
+
+<p><b>§&nbsp;70. Unde<a id="rgro"></a>rground Railroad.</b>&mdash;From the preceding sketch of the conditions
+of escape, it is plain that no such numbers as are known to have fled
+could possibly have escaped from their masters' power had they depended
+solely upon their own exertions. From the beginning of the antislavery
+agitation, about 1830, and especially near 1850, a mysterious
+organization made it a business to receive, forward, conceal, and protect
+fugitives. To that organization the name of "Underground Railroad" was
+given, and the many methods used by those connected with it can best be
+given under a more elaborate description of the system.</p>
+
+<p><b>§&nbsp;71. R<a id="ise"></a>ise and growth of the system.</b>&mdash;The first efforts toward any
+systematic organization for the aid and protection of fugitive slaves are
+found among the Quakers in Pennsylvania. The great number of cases of
+kidnapping which occurred in this State after the passage of the law of
+1793, by their injustice roused people to action in behalf of the free
+blacks; and, their sympathies once enlisted for the colored race, it was
+but a step to the aid of the fugitive <a id="negroes236"></a>negroes.<sup class="topnum"><a href="#fn236">236</a></sup> From this time, as
+the number of runaways increased, new agencies were constantly being
+established, until from the slave States to Canada a perfect chain of
+stations was arranged, not more than one day's journey <a id="apart237"></a>apart.<sup class="topnum"><a href="#fn237">237</a></sup> The
+system is said to have extended from Kentucky and Virginia
+across Ohio, and from Maryland, through Pennsylvania and New York, to New
+England and <a id="Canada238"></a>Canada.<sup class="topnum"><a href="#fn238">238</a></sup></p>
+
+<p>As negroes began to disappear, and their masters found themselves unable
+to trace them farther than certain towns in Pennsylvania, they said, in
+bewilderment, "There must be an Underground Railroad somewhere," and this
+expression, suiting the popular fancy, became the general name by which
+the whole system was <a id="known239"></a>known.<sup class="topnum"><a href="#fn239">239</a></sup></p>
+
+
+
+
+<h3><span>Operations "Underground."</span></h3>
+
+<p><b>§&nbsp;72. Metho<a id="ds_pu"></a>ds pursued.</b>&mdash;Although often varied by circumstances, the
+general method of work was always the same. In the South, money was
+usually the motive, and for its sake the managers of the Railroad could
+usually get some one to aid a slave in escaping and crossing the line. In
+the North it was an unselfish, and sometimes dangerous, work of charity.</p>
+
+<p>Fugitives arrived at the first station, ignorant, half-clothed, and
+hungry. There they were fed, and, in order to elude the advertisements
+sent through the States, disguises were provided. For women, the large
+veiled bonnet and plain attire of the Quakeress proved one of the best
+costumes. The men received a slip of paper, with a word or two which
+would be recognized at the next place, and, unless special caution was
+needed, were sent forward on foot. Women and children were often taken in
+close carriages, sometimes constructed for this special <a id="purpose240"></a>purpose.<sup class="topnum"><a href="#fn240">240</a></sup></p>
+
+<p>Stations, that is, the houses of persons known to be interested, were
+reached between sunset and ten o'clock in the evening. A tap at the door
+would rouse some member of the family, and the fugitive would be taken to
+the barn, or some place of <a id="concealment241"></a>concealment.<sup class="topnum"><a href="#fn241">241</a></sup> Often, too, these houses
+were not merely places for a night's tarrying, but homes where the ill
+and fatigued might remain and be cared for until strong enough for the
+onward <a id="journey242"></a>journey.<sup class="topnum"><a href="#fn242">242</a></sup></p>
+
+<p>To conduct people over this long line, and to baffle all plans of their
+pursuers, required quick wit, as well as great courage and <a id="coolness243"></a>coolness.<sup class="topnum"><a href="#fn243">243</a></sup>
+So successful were the conductors in this respect, however, that a
+discouraged slave hunter, after a fruitless search, once said it was "as
+easy to find a needle in a haymow as a negro among <a id="Quakers244"></a>Quakers."<sup class="topnum"><a href="#fn244">244</a></sup></p>
+
+<p> When fugitives were concealed,
+and persons desiring to search
+the house appeared, it was the custom to receive the searchers
+courteously. One of the family immediately engaged them in conversation,
+and offered them refreshments. The hunt was thus delayed as long as
+possible, so that the fugitive might be helped away. In one case, while
+the slave's master was thus entertained upon the front piazza, the
+mistress of the house quietly conveyed the hunted negro out at the back
+door, and placed him under an inverted hogshead standing by. Then, with
+the most unconcerned manner, she allowed the man to search until he was
+satisfied that there could be no fugitive in that <a id="house245"></a>house.<sup class="topnum"><a href="#fn245">245</a></sup></p>
+
+<p><b>§&nbsp;73. Colored agen<a id="ts_of"></a>ts of the Underground Railroad.</b>&mdash;An example of the most
+courageous and successful action may be found in the life of Harriet
+<a id="Tubman246"></a>Tubman,<sup class="topnum"><a href="#fn246">246</a></sup> who when a young girl made her escape from slavery alone and
+unassisted. After several years of work in the North, she determined to
+go back for her family. This trip was safely accomplished, and followed
+by others, until during her life she had made nineteen journeys, never
+losing a person. The Rev. James Freeman Clarke gives the following
+account of her methods:&mdash;</p>
+
+
+
+<div class="blockquot">
+<p>"She said she first obtained enough money, then went to Maryland, where
+she privately collected a party of slaves and got them ready to start.
+She satisfied herself that they had enough courage and firmness to run
+the risks. For if once a negro entered her party, there was no falling
+back. Fully determined herself, she would allow no one to return.</p>
+
+<p>"She next made arrangements so that they should set out Saturday night,
+as there would be no opportunity on Sunday for advertising them, so that
+they had that day's start on their way North. Then she had places
+prepared where she could be sure that they could be protected and taken
+care of, if she had the money to pay for that protection. When she was at
+the North, she tried to raise funds until she got a certain amount, and
+then went South to carry out this plan. She always paid some colored man
+to follow after the person who put up the posters advertising the
+runaway, and pull them down as fast as they were put <a id="up247"></a>up."<sup class="topnum"><a href="#fn247">247</a></sup></p>
+</div>
+
+
+
+
+<p>When she feared the party were closely pursued, she would take them for a
+time on a train southward bound, as no one seeing a company of
+negroes going in this direction would for an instant suppose them to be
+fugitives. As their leader out of bondage, her people gave her the name
+of "Moses," and thus she is generally known.</p>
+
+<p><b>§&nbsp;74. Prosecutions o<a id="f_age"></a>f agents.</b>&mdash;Such
+acts as those daily performed by the
+conductors on the Underground Railroad could not be carried on under the
+existing laws without leading to prosecutions. Large rewards were many
+times offered for Harriet's capture, but she eluded all efforts to stop
+her work. At one time the Maryland legislature offered a reward to any
+person who should secure Thomas Garrett in any public jail in the State.
+He was a Delaware Quaker, who, it is said, helped twenty-nine hundred
+slaves in escaping. The Governor was required to employ the best legal
+skill to prosecute him on the charge of aiding <a id="runaways248"></a>runaways.<sup class="topnum"><a href="#fn248">248</a></sup> He was
+afterward tried and fined a sum which consumed his entire property. As
+this was paid, the officer who received it said that he hoped the
+remembrance of this punishment would prevent any further trouble. Mr.
+Garrett, undaunted, replied that they had taken all that he possessed,
+but added, "If thee knows any poor fugitive who wants a breakfast, send
+him to <a id="me249"></a>me."<sup class="topnum"><a href="#fn249">249</a></sup> In fact, he seemed absolutely fearless. Angry
+slaveholders often called upon him, and demanded their property. He never
+denied knowledge of their slaves, or of having helped them on their way,
+but, in the most quiet manner, positively refused to give information
+concerning <a id="them250"></a>them.<sup class="topnum"><a href="#fn250">250</a></sup></p>
+
+<p><b>§&nbsp;75. <a id="Formal"></a>Formal organization.</b>&mdash;In
+ 1838 the first formal organization of the
+Underground Railroad was made, with Robert Purvis as President. It was
+said that two marketwomen in Baltimore were their best helpers. They had
+come into possession of a number of passports, or "freedoms," which were
+used by slaves for part of the distance, and then were returned to serve
+the same purpose <a id="again251"></a>again.<sup class="topnum"><a href="#fn251">251</a></sup></p>
+
+<p>In all transactions connected with this organization the greatest secrecy
+was necessarily observed, seldom more than two or three persons at a
+station being allowed any knowledge of it. In the Liberator of 1843, a
+notice is found cautioning people against exposing in any way the methods
+used by fugitives in escaping, as it only helped the pursuers in
+the next case. The fugitives themselves were usually careful in this
+respect. Frederick Douglass absolutely refused until after the abolition
+of slavery to reveal the method of his <a id="escape252"></a>escape.<sup class="topnum"><a href="#fn252">252</a></sup></p>
+
+<p>Mrs. G. S. Hillard, of Boston, was in the habit of putting fugitives in
+an upper room of her house. A colored man was placed there, and when Mrs.
+Hillard went up to see him, she found he had carefully pulled down all
+the shades at the windows. She told him that there was no danger of his
+being seen from the street. "Perhaps not, Missis," he replied, "but I do
+not want to spoil the place." He was afraid lest some one might see a
+colored face there, and so excite suspicions injurious to the next
+<a id="man253"></a>man.<sup class="topnum"><a href="#fn253">253</a></sup></p>
+
+<p><b>§&nbsp;76. G<a id="enera"></a>eneral effect of escapes.</b>&mdash;Although many fugitives were aided
+previous to 1850, it was after the new law went into effect that the
+great efforts of the Abolitionists were centred on this form of
+assistance. Of such importance did it become, that at the beginning of
+the Civil War one of the chief complaints of the Southern States was the
+injury received through the aid given their escaping slaves by the
+<a id="North254"></a>North.<sup class="topnum"><a href="#fn254">254</a></sup></p>
+
+<p>It was, however, really the "safety valve to the institution of slavery.
+As soon as leaders arose among the slaves who refused to endure the yoke,
+they would go North. Had they remained, there must have been enacted at
+the South the direful scenes of San <a id="Domingo255"></a>Domingo."<sup class="topnum"><a href="#fn255">255</a></sup></p>
+
+
+
+
+
+
+
+<h2><span><a id="CHAPTER_V"></a>CHAPTER V.</span>
+
+<span><i>PERSONAL LIBERTY LAWS.</i></span></h2>
+
+
+
+
+<div class="poem"><p>
+<span class="i0"> §&nbsp;77. <a href="#cter">Character of the personal liberty laws.</a></span><br />
+<span class="i3"> §&nbsp;78. <a href="#pass">Acts passed before the Prigg decision (1793-1842).</a></span><br />
+<span class="i3"> §&nbsp;79. <a href="#ssed">Acts passed between the Prigg decision and the second Fugitive Slave Law (1842-1850).</a></span><br />
+<span class="i3"> §&nbsp;80. <a href="#occa">Acts occasioned by the law of 1850 (1850-1860).</a></span><br />
+<span class="i3"> §&nbsp;81. <a href="#assach">Massachusetts acts.</a></span><br />
+<span class="i3"> §&nbsp;82. <a href="#ew_of">Review of the acts by States.</a></span><br />
+<span class="i3"> §&nbsp;83. <a href="#ct_of">Effect of the personal liberty laws.</a></span></p>
+</div>
+
+<p><b>§&nbsp;77. Chara<a id="cter"></a>cter of the personal liberty laws.</b>&mdash;The personal liberty laws
+were statutes passed in the Northern States whose object was to defeat in
+some measure the national Fugitive Slave Law. Often their ostensible
+purpose was to protect the free negroes from kidnappers, and to this end
+they secured for the alleged fugitive the privilege of the writ of habeas
+corpus, and the trial by jury. Sometimes, however, they frankly avowed
+their aim as a deliberate attempt to interfere with the execution of the
+United States statutes. In the following examination of these laws, they
+will be considered first chronologically, and afterward more minutely
+according to their subject matter. In previous chapters we have noticed
+many instances wherein fugitives have been befriended by individuals, or
+by organizations like the Antislavery Societies or the Underground
+Railroad. But the action of the State governments in the personal liberty
+bills, from the time the Fugitive Slave Act of 1793 began to be executed
+to the outbreak of the Civil War, showed that the dissatisfaction of the
+North was fundamental, and was not confined merely to the few in the van
+of the Antislavery movement.</p>
+
+<h3><span>Analysis.</span></h3>
+
+<p><b>§&nbsp;78. Acts <a id="pass"></a>passed before the Prigg
+decision (1793-1842).</b>&mdash;Although the
+so-called personal liberty laws were not passed until about 1840,
+<a id="Indiana256"></a>Indiana<sup class="topnum"><a href="#fn256">256</a></sup> and <a id="Connecticut257"></a>Connecticut<sup class="topnum"><a href="#fn257">257</a></sup> had before that time provided that on
+appeal fugitives might have a trial by jury. The Connecticut law, in
+contrast to the hostile spirit of later legislation, was entitled,
+ "An Act for the fulfilment of the obligation of this State
+imposed by the Constitution of the United States in regard to persons
+held to service or labor in one State escaping into another, and to
+secure the right of trial by jury in the cases herein mentioned."
+Notwithstanding this preamble, the law provided for fining State
+officials who might take part in fugitive slave cases.</p>
+
+<p>The first definite personal liberty laws were passed by <a id="Vermont258"></a>Vermont<sup class="topnum"><a href="#fn258">258</a></sup> and
+New <a id="York259"></a>York,<sup class="topnum"><a href="#fn259">259</a></sup> in 1840, and were entitled Acts "to extend the right of
+trial by jury." They not only insured jury trial, but also provided
+attorneys to defend fugitives. This was the only law of the kind New York
+ever passed, and proved of little value, since it soon fell into disuse,
+and was almost forgotten.</p>
+
+<p><b>§&nbsp;79. Acts pa<a id="ssed"></a>ssed between the Prigg decision and the second Fugitive
+Slave Law (1842-1850).</b>&mdash;After the Prigg decision in 1842, wherein it was
+declared that the law must be executed through national powers only, and
+that State authorities could not be forced into <a id="action260"></a>action,<sup class="topnum"><a href="#fn260">260</a></sup> a new class
+of statutes sprang up. The State legislatures seized the opportunity
+afforded them by Judge Story's opinion, to forbid State officers from
+performing the duties required of them by the law of 1793, and prohibited
+the use of State jails in fugitive slave cases. Such laws were passed in
+<a id="Massachusetts261"></a>Massachusetts,<sup class="topnum"><a href="#fn261">261</a></sup> <a id="Vermont262"></a>Vermont,<sup class="topnum"><a href="#fn262">262</a></sup> <a id="Pennsylvania263"></a>Pennsylvania,<sup class="topnum"><a href="#fn263">263</a></sup> and Rhode
+<a id="Island264"></a>Island.<sup class="topnum"><a href="#fn264">264</a></sup> In 1844, Connecticut repealed her act of 1838, as being then
+unconstitutional, but retained the portion forbidding State officers to
+participate in the execution of the law.</p>
+
+<p><b>§&nbsp;80. Acts <a id="occa"></a>occasioned by the law of 1850 (1850-1860).</b>&mdash;The provisions of
+the law of 1850 roused yet more opposition in the North, and before 1856
+many of the States had passed personal liberty bills. The new national
+law avoided the employment of State officers. This change in the statute
+brought about a corresponding alteration in the State legislation, and we
+therefore find the acts of this period differing somewhat from those of
+earlier years. They almost invariably prohibited the use of State jails,
+they often forbade State judges and officers to issue writs or to give
+assistance to the claimant, and punished severely the seizure of a free
+person with the intent to reduce him to slavery.</p>
+
+<p>Should an alleged fugitive be arrested, the personal liberty
+acts were intended to secure him a trial surrounded by the usual legal
+safeguards. The identity of the person claimed was to be proved by two
+witnesses; or they gave him the right to a writ of habeas corpus; or they
+enjoined upon the court to which the writ was returnable a trial by jury.
+At the trial the prisoner must be defended by an attorney, frequently the
+State or county attorney, and a penalty was provided for false testimony.
+Any violation of these clauses by State officers was punished by
+penalties varying from five hundred dollars and six months in jail, as in
+Pennsylvania, to the maximum punishment in Vermont, of two thousand
+dollars' fine and ten years in prison.</p>
+
+<p>Such acts were passed in <a id="Vermont265"></a>Vermont,<sup class="topnum"><a href="#fn265">265</a></sup> <a id="Connecticut266"></a>Connecticut,<sup class="topnum"><a href="#fn266">266</a></sup> and Rhode
+<a id="Island267"></a>Island,<sup class="topnum"><a href="#fn267">267</a></sup> in <a id="Massachusetts268"></a>Massachusetts,<sup class="topnum"><a href="#fn268">268</a></sup> <a id="Michigan269"></a>Michigan,<sup class="topnum"><a href="#fn269">269</a></sup> and <a id="Maine270"></a>Maine.<sup class="topnum"><a href="#fn270">270</a></sup> Later,
+laws were also enacted in <a id="Wisconsin271"></a>Wisconsin,<sup class="topnum"><a href="#fn271">271</a></sup> <a id="Kansas272"></a>Kansas,<sup class="topnum"><a href="#fn272">272</a></sup> <a id="Ohio273"></a>Ohio,<sup class="topnum"><a href="#fn273">273</a></sup> and
+<a id="Pennsylvania274"></a>Pennsylvania.<sup class="topnum"><a href="#fn274">274</a></sup> Of the other Northern States, two only, New Jersey and
+California, gave any official sanction to the rendition of fugitives. In
+New Hampshire, New York, Indiana, Illinois, Iowa, and Minnesota, however,
+no full personal liberty laws were <a id="passed275"></a>passed.<sup class="topnum"><a href="#fn275">275</a></sup></p>
+
+<p><b>§&nbsp;81. M<a id="assach"></a>assachusetts acts.</b>&mdash;Let us now examine the purport of these acts
+in the various States. The general tenor and effect are best seen in
+Massachusetts, which may be selected as a typical State. In
+1837, Massachusetts passed a law "to restore the trial by jury, on
+questions of personal freedom." This secured to the prisoner a writ of
+personal replevin, which was to be issued from and returnable to the
+Court of Common Pleas for the county in which the plaintiff was confined,
+and was to be issued fourteen days at least before the return day. If the
+prisoner were secreted, the court might send out a capias to take the
+body of the defendant. This act allowed an appeal to the Supreme Judicial
+Court.</p>
+
+<p>In 1842, the Latimer <a id="case276"></a>case<sup class="topnum"><a href="#fn276">276</a></sup> occurred. This so aroused public sentiment
+that a great petition, signed by sixty-five thousand people, was sent to
+the legislature, asking for a new personal liberty law. On the basis of
+the Prigg decision, a law was enacted which forbade State magistrates to
+issue certificates or take cognizance of the law of 1793, and withheld
+the use of State jails for the imprisonment of <a id="fugitives277"></a>fugitives.<sup class="topnum"><a href="#fn277">277</a></sup></p>
+
+<p>In 1851, in the Shadrach <a id="case278"></a>case,<sup class="topnum"><a href="#fn278">278</a></sup> there was opportunity for testing the
+value of this law. The fugitive was not indeed confined in any jail, but
+there was little difficulty in providing a place of detention, and the
+court-house was secured. In this year, acting upon a clause in the
+Governor's message, which treated of the new Fugitive Slave Law of 1850,
+a committee in the legislature made a report, accompanied by resolutions
+and a bill further to protect personal liberty; but no law was passed,
+and there the matter rested <a id="until279"></a>until 1855.<sup class="topnum"><a href="#fn279">279</a></sup></p>
+
+<p>After the <a id="Sims280"></a>Sims<sup class="topnum"><a href="#fn280">280</a></sup> and <a id="Burns281"></a>Burns<sup class="topnum"><a href="#fn281">281</a></sup> cases, in which the court-houses were
+again used in the place of jails, the heat of public indignation led to
+petitions to the legislature asking for a more stringent personal liberty
+law. A joint committee prepared a bill, which was passed, but was vetoed
+by Governor Gardner, who had been advised by the Attorney General that
+some of the clauses were unconstitutional. But so strong was the
+influence in its favor that it was passed over the veto by a two-thirds
+<a id="vote282"></a>vote.<sup class="topnum"><a href="#fn282">282</a></sup> The feeling that it was probably unconstitutional, however,
+must have strengthened in the next three years: for <a id="in283"></a>in 1858<sup class="topnum"><a href="#fn283">283</a></sup> we find
+another act which amended the act of 1855. This limited some
+provisions, and repealed the following sections: the tenth, which
+required that any person who should give a certificate that a person
+claimed as a fugitive was a slave should forfeit any State office he
+might hold; the eleventh, which forbade any person acting as attorney for
+a claimant to appear as counsel or attorney in the State courts; the
+twelfth, which made a violation of the preceding section sufficient
+ground for the impeachment of any officer of the Commonwealth; the
+thirteenth, which forbade any United States officer empowered to give
+certificate or issue warrants from holding a State office; and the
+fourteenth, which made liable to removal any person holding a State
+judicial office who should also hold the office of Commissioner.</p>
+
+
+
+
+<h3><span>Review of the Acts by States.</span></h3>
+
+<p><b>§&nbsp;82. Revi<a id="ew_of"></a>ew of the acts by States.</b>&mdash;Of the other New England States,
+Maine had no personal liberty law <a id="until284"></a>until 1855.<sup class="topnum"><a href="#fn284">284</a></sup> Two years after,
+however, <a id="in285"></a>in 1857,<sup class="topnum"><a href="#fn285">285</a></sup> a portion of an act declaring free all slaves
+brought by their masters into that State was devoted to a provision "to
+punish any attempt to exercise authority over them."</p>
+
+<p>In New Hampshire, one of the laws <a id="of286"></a>of 1857<sup class="topnum"><a href="#fn286">286</a></sup> enacted that every person
+holding any person as a slave for any length of time, under any pretence,
+should be deemed guilty of felony; but provided that this should not
+apply to United States officers executing any legal process.</p>
+
+<p>Vermont, by an act <a id="in287"></a>in 1840,<sup class="topnum"><a href="#fn287">287</a></sup> extended to fugitives the right of trial
+by jury, but after three years this was <a id="repealed288"></a>repealed,<sup class="topnum"><a href="#fn288">288</a></sup> only to be renewed
+<a id="in289"></a>in 1850.<sup class="topnum"><a href="#fn289">289</a></sup></p>
+
+<p>Connecticut, as has been noticed, had no personal liberty law. Rhode
+Island first passed such an act <a id="in290"></a>in 1848.<sup class="topnum"><a href="#fn290">290</a></sup> This forbade State officers
+to take cognizance of fugitive slave cases, and the use of State jails.
+Another statute, in 1854,<sup class="topnum"><a id="in291"></a><a href="#fn291">291</a></sup> extended these provisions so as to apply
+to the national law of 1850.</p>
+
+<p>The act of 1840 was the only Personal Liberty Law of New <a id="York292"></a>York.<sup class="topnum"><a href="#fn292">292</a></sup>
+Pennsylvania, some seven years later, forbade the use of jails, and
+punished State officers for participating in fugitive slave <a id="cases293"></a>cases.<sup class="topnum"><a href="#fn293">293</a></sup> It
+ also enacted a regulation of the same character as late as
+1860.</p>
+
+<p>Ohio made but one provision on the subject, and that lasted but a year.
+Her jails were closed to suspected slaves <a id="in294"></a>in 1857,<sup class="topnum"><a href="#fn294">294</a></sup> but in 1858 this
+law was <a id="repealed295"></a>repealed.<sup class="topnum"><a href="#fn295">295</a></sup></p>
+
+<p>Michigan passed such an act <a id="in296"></a>in 1855,<sup class="topnum"><a href="#fn296">296</a></sup> with the usual clauses on the
+use of jails and jury trial, and imposed a fine on false testimony
+against the defendant.</p>
+
+<p>In 1858 Wisconsin and Kansas also passed similar <a id="acts297"></a>acts.<sup class="topnum"><a href="#fn297">297</a></sup></p>
+
+<p><b>§&nbsp;83. Effe<a id="ct_of"></a>ct of the personal liberty laws.</b>&mdash;Since the avowed purpose of
+these laws was to obstruct the execution of one of the United States
+statutes, national and State legislation were thus brought into direct
+conflict; but the Fugitive Slave Law was held constitutional by the
+Supreme Court, and any attempt to prevent its enforcement by positive
+means, however righteous from an ethical standpoint, must be considered
+an infraction of the Constitution, and of the common understanding
+between the States, on which the Union was <a id="founded298"></a>founded.<sup class="topnum"><a href="#fn298">298</a></sup> The provisions
+denying the use of State institutions and officers, though distinctly
+unfriendly, were not unconstitutional. Many of the Abolitionists,
+however, held the national law to be unconstitutional, and at the same
+time morally so repugnant that it ought never to be <a id="executed299"></a>executed.<sup class="topnum"><a href="#fn299">299</a></sup> The
+State laws were brought up by South Carolina, in her declaration of the
+causes of secession, as one of the chief grievances against the North;
+and President Buchanan, in his Message <a id="of300"></a>of 1860,<sup class="topnum"><a href="#fn300">300</a></sup> said they were "the
+most palpable violations of constitutional duty which had yet been
+committed." They must certainly be classed in principle with the
+Nullification Ordinance of 1832. Indeed, the legislature of Wisconsin,
+after the Supreme Court had overridden the decision of the State courts
+in the case of Ableman v. Booth that the national law was contrary to the
+national Constitution, passed some resolutions in which a "positive
+defiance is urged as the 'rightful remedy'" against such
+<a id="legislation301"></a>legislation.<sup class="topnum"><a href="#fn301">301</a></sup></p>
+
+
+
+<h2><span><a id="CHAPTER_VI"></a>CHAPTER VI.</span>
+
+<span><i>THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865).</i></span></h2>
+
+
+
+<div class="poem">
+<span class="i0">§&nbsp;85. <a href="#crisis_of_1860">The Fugitive Slave Law in the crisis of 1860-61.</a></span><br />
+<span class="i3"> §&nbsp;86. <a href="#Propositions_to_enforce">Propositions to enforce the Fugitive Slave Law.</a></span><br />
+<span class="i3"> §&nbsp;87. <a href="#repeal_or_amend">Propositions to repeal or amend the law.</a></span><br />
+<span class="i0">§&nbsp;88. <a href="#The_q">The question of slaves of rebels.</a></span><br />
+<span class="i3"> §&nbsp;89. <a href="#ry_at">Slavery attacked in Congress.</a></span><br />
+<span class="i6"> §&nbsp;90. <a href="#Confiscation_bills">Confiscation bills.</a></span><br />
+<span class="i6"> §&nbsp;91. <a href="#provisions_extended">Confiscation provisions extended.</a></span><br />
+<span class="i3"> §&nbsp;92. <a href="#the_E">Effect of the Emancipation Proclamation (1863).</a></span><br />
+<span class="i0">§&nbsp;93. <a href="#in_lo">Fugitives in loyal slave States.</a></span><br />
+<span class="i3"> §&nbsp;94. <a href="#ypic">Typical cases.</a></span><br />
+<span class="i3"> §&nbsp;95. <a href="#discussed_in_Congress">Question discussed in Congress.</a></span><br />
+<span class="i3"> §&nbsp;96. <a href="#civil_officers">Arrests by civil officers.</a></span><br />
+<span class="i0">§&nbsp;97. <a href="#jails_in_the_District">Denial of the use of jails in the District of Columbia.</a></span><br />
+<span class="i3"> §&nbsp;98. <a href="#bia">Abolition of slavery in the District of Columbia.</a></span><br />
+<span class="i3"> §&nbsp;99. <a href="#s_aga">Regulations against kidnapping.</a></span><br />
+<span class="i0">§&nbsp;100. <a href="#al_of">Repeal of the Fugitive Slave Acts.</a></span><br />
+<span class="i3"> §&nbsp;101. <a href="#Early_propositions_to">Early propositions to repeal the acts.</a></span><br />
+<span class="i3"> §&nbsp;102. <a href="#ussi">Discussion of the repeal bill in the House.</a></span><br />
+<span class="i3"> §&nbsp;103. <a href="#in_the_Senate">Repeal bills in the Senate.</a></span><br />
+<span class="i3"> §&nbsp;104. <a href="#thirteenth">The repeal act and the thirteenth amendment.</a></span><br />
+<span class="i0">§&nbsp;105. <a href="#trov">Educating effect of the controversy.</a></span><br />
+</div>
+
+<p><b>§&nbsp;85. The Fugitive Slave Law in the <a id="crisis_of_1860"></a>crisis of 1860-61.</b>&mdash;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 <a id="unconstitutional302"></a>unconstitutional.<sup class="topnum"><a href="#fn302">302</a></sup> 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.</p>
+
+<p>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 <a id="executed303"></a>executed.<sup class="topnum"><a href="#fn303">303</a></sup> Even
+Republican members disclaimed responsibility for their party, and urged
+that the personal liberty bills should be <a id="repealed304"></a>repealed.<sup class="topnum"><a href="#fn304">304</a></sup> 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.</p>
+
+
+
+
+<h3><span>Enforcement. Slaves of Disloyal Men.</span></h3>
+
+<p><b>§&nbsp;86. <a id="Propositions_to_enforce"></a>Propositions to enforce the Fugitive Slave Law.</b>&mdash;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
+<a id="void305"></a>void.<sup class="topnum"><a href="#fn305">305</a></sup> This recommendation was followed, December 12, 1860, by no
+less than eleven resolutions upon the subject in the <a id="House306"></a>House.<sup class="topnum"><a href="#fn306">306</a></sup> 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 <a id="him307"></a>him.<sup class="topnum"><a href="#fn307">307</a></sup> 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 <a id="fugitives308"></a>fugitives.<sup class="topnum"><a href="#fn308">308</a></sup></p>
+
+<p>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 <a id="runaway309"></a>runaway.<sup class="topnum"><a href="#fn309">309</a></sup></p>
+
+<p><b>§&nbsp;87. Propositions to <a id="repeal_or_amend"></a>repeal or amend the law.</b>&mdash;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 <a id="returned310"></a>returned.<sup class="topnum"><a href="#fn310">310</a></sup></p>
+
+
+
+<p>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 <a id="reported311"></a>reported.<sup class="topnum"><a href="#fn311">311</a></sup> 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 <a id="reading312"></a>reading.<sup class="topnum"><a href="#fn312">312</a></sup></p>
+
+<p><b>§&nbsp;88. <a id="The_q"></a>The question of slaves of rebels.</b>&mdash;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.</p>
+
+<p>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.</p>
+
+<p>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
+<a id="known313"></a>known.<sup class="topnum"><a href="#fn313">313</a></sup></p>
+
+<p><b>§&nbsp;89. Slave<a id="ry_at"></a>ry attacked in Congress.</b>&mdash;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 <a id="property314"></a>property.<sup class="topnum"><a href="#fn314">314</a></sup> 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
+<a id="government315"></a>government."<sup class="topnum"><a href="#fn315">315</a></sup> 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.</p>
+
+
+
+
+<h3><span>Confiscation Bills.</span></h3>
+
+<p><b>§&nbsp;90. <a id="Confiscation_bills"></a>Confiscation bills.</b>&mdash;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 <a id="notwithstanding316"></a>notwithstanding."<sup class="topnum"><a href="#fn316">316</a></sup></p>
+
+<p>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
+<a id="irritation317"></a>irritation,"<sup class="topnum"><a href="#fn317">317</a></sup> and in each crisis statesmen should "observe all
+possible toleration, all conciliation, all <a id="liberality318"></a>liberality."<sup class="topnum"><a href="#fn318">318</a></sup> 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.</p>
+
+<p>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 <a id="service319"></a>service.<sup class="topnum"><a href="#fn319">319</a></sup> The bill went back to the Senate, which concurred
+in the <a id="amendment320"></a>amendment,<sup class="topnum"><a href="#fn320">320</a></sup> and it received the signature of the President,
+<a id="August321"></a>August 6, 1861.<sup class="topnum"><a href="#fn321">321</a></sup></p>
+
+
+
+
+
+<h3><span>The Emancipation Proclamation.</span></h3>
+
+
+<p><b>§&nbsp;91. Confiscation <a id="provisions_extended"></a>provisions extended.</b>&mdash;Propositions more far reaching
+were introduced into the Senate in the session <a id="of322"></a>of 1861-62.<sup class="topnum"><a href="#fn322">322</a></sup> 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
+<a id="others323"></a>others.<sup class="topnum"><a href="#fn323">323</a></sup> March 14, 1862, Mr. Harris introduced into the
+Senate a bill to confiscate the property of rebels and for other
+<a id="purposes324"></a>purposes.<sup class="topnum"><a href="#fn324">324</a></sup> 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.</p>
+
+<p>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 <a id="of325"></a>of
+1850?"<sup class="topnum"><a href="#fn325">325</a></sup> An amendment was therefore adopted which so changed the law
+that any reference to the act of 1850 was <a id="avoided326"></a>avoided.<sup class="topnum"><a href="#fn326">326</a></sup> After several
+debates the proposition was recommitted, <a id="May327"></a>May 6.<sup class="topnum"><a href="#fn327">327</a></sup> Mr. Clark reported a
+bill, May 14, which retained the provision in regard to fugitives as at
+first <a id="offered328"></a>offered.<sup class="topnum"><a href="#fn328">328</a></sup></p>
+
+<p>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, <a id="May329"></a>May 14, 1862.<sup class="topnum"><a href="#fn329">329</a></sup> 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 <a id="recommitments330"></a>recommitments<sup class="topnum"><a href="#fn330">330</a></sup> 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 <a id="government331"></a>government.<sup class="topnum"><a href="#fn331">331</a></sup> The
+bill then passed the House by a vote of 82 <a id="to332"></a>to 54.<sup class="topnum"><a href="#fn332">332</a></sup></p>
+
+
+<p>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 <a id="servitude333"></a>servitude.<sup class="topnum"><a href="#fn333">333</a></sup> The report was adopted by both houses, and
+approved by the President, <a id="July334"></a>July 17, 1862.<sup class="topnum"><a href="#fn334">334</a></sup> From that date any slave
+of a disloyal master who could make his way into the territory occupied
+by the Northern troops was <i>ipso facto</i> free. The fugitive was to become
+a freeman.</p>
+
+<p><b>§&nbsp;92. Effect of <a id="the_E"></a>the Emancipation Proclamation (1863).</b>&mdash;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."</p>
+
+<p>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.</p>
+
+<p>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.</p>
+
+
+
+<h3><span>Fugitives from Loyal Slave States.</span></h3>
+
+<p><b>§&nbsp;93. Fugitives <a id="in_lo"></a>in loyal slave States.</b>&mdash;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.</p>
+
+<p><b>§&nbsp;94. T<a id="ypic"></a>ypical cases.</b>&mdash;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 <a id="Washington335"></a>Washington."<sup class="topnum"><a href="#fn335">335</a></sup></p>
+
+<p>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 <a id="safety336"></a>safety.<sup class="topnum"><a href="#fn336">336</a></sup></p>
+
+<p><b>§&nbsp;95. Question <a id="discussed_in_Congress"></a>discussed in Congress.</b>&mdash;As early in the war as 1861, a
+number of resolutions were brought into Congress, designed to meet this
+<a id="difficulty337"></a>difficulty,<sup class="topnum"><a href="#fn337">337</a></sup> 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 <a id="slaves338"></a>slaves.<sup class="topnum"><a href="#fn338">338</a></sup> The
+bill was referred to the Committee on the Judiciary, which reported
+adversely upon it, <a id="April339"></a>April 16, 1862.<sup class="topnum"><a href="#fn339">339</a></sup> December 16, 1861, Mr. Hale had
+offered a resolution, which was adopted, looking toward a uniform method
+of dealing with the slaves of <a id="rebels340"></a>rebels.<sup class="topnum"><a href="#fn340">340</a></sup> Mr. Sumner brought in another
+on December 17, which forbade the employment of the armies in the
+surrender of <a id="fugitives341"></a>fugitives.<sup class="topnum"><a href="#fn341">341</a></sup> "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 <a id="preservation342"></a>preservation."<sup class="topnum"><a href="#fn342">342</a></sup>
+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 <a id="country343"></a>country.<sup class="topnum"><a href="#fn343">343</a></sup></p>
+
+<p>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 <a id="consideration344"></a>consideration.<sup class="topnum"><a href="#fn344">344</a></sup> A bill was introduced,
+discussed, and somewhat amended, but never <a id="passed345"></a>passed.<sup class="topnum"><a href="#fn345">345</a></sup></p>
+
+<p>Mr. Blair's bill, of February 25, 1862, from the Committee on Military
+Affairs in the House, was to the same <a id="purpose346"></a>purpose.<sup class="topnum"><a href="#fn346">346</a></sup> 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-<a id="book347"></a>book.<sup class="topnum"><a href="#fn347">347</a></sup> 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 <a id="magistrates348"></a>magistrates.<sup class="topnum"><a href="#fn348">348</a></sup></p>
+
+<p><b>§&nbsp;96. Arrests by <a id="civil_officers"></a>civil officers.</b>&mdash;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.</p>
+
+<div class="blockquot">
+ <p> "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.</p>
+<p class="ralign5"> "<span class="smcap">R. J. Potter, J. W. C.</span></p>
+<p> "<a id="March349"></a>March 16, 1863. 1 m."<sup class="topnum"><a href="#fn349">349</a></sup></p></div>
+
+
+
+
+<h3><span>District of Columbia.</span></h3>
+
+<p><b>§&nbsp;97. Denial of the use of the <a id="jails_in_the_District"></a>jails in the District of
+Columbia.</b>&mdash;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 <a id="held350"></a>held.<sup class="topnum"><a href="#fn350">350</a></sup>
+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 <a id="there351"></a>there.<sup class="topnum"><a href="#fn351">351</a></sup></p>
+
+<p>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
+<a id="District352"></a>District.<sup class="topnum"><a href="#fn352">352</a></sup></p>
+
+<p>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 <a id="Judiciary353"></a>Judiciary.<sup class="topnum"><a href="#fn353">353</a></sup> Mr. Fessenden asked that
+the Committee on the District of Columbia investigate and report upon the
+condition of the jail; this was agreed <a id="to354"></a>to.<sup class="topnum"><a href="#fn354">354</a></sup></p>
+
+<p>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,
+<a id="January355"></a>January 6, 1862.<sup class="topnum"><a href="#fn355">355</a></sup> 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 <a id="prevail356"></a>prevail.<sup class="topnum"><a href="#fn356">356</a></sup> 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 <a id="master357"></a>master."<sup class="topnum"><a href="#fn357">357</a></sup> The opinion
+that such injustice ought to be corrected prevailed, and the amendment
+was rejected. After much discussion the bill passed the Senate, <a id="January358"></a>January
+14, 1862,<sup class="topnum"><a href="#fn358">358</a></sup> 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.</p>
+
+<p><b>§&nbsp;98. Abolition of slavery in the District of Colum<a id="bia"></a>bia.</b>&mdash;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
+<a id="bill359"></a>bill.<sup class="topnum"><a href="#fn359">359</a></sup></p>
+
+<p>The debates upon this proposition were long and interesting. The South
+regarded it as "an entering wedge of something more comprehensive and
+<a id="radical360"></a>radical,"<sup class="topnum"><a href="#fn360">360</a></sup> 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.<sup class="topnum"><a href="#fn361">361</a></sup> By the final section of the act the black code of Maryland <a id="was361"></a>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,&mdash;the two acts
+of 1793 and 1850.</p>
+
+<p><b>§&nbsp;99. Regulation<a id="s_aga"></a>s against kidnapping.</b> In the act of April 16, 1862, were
+included regulations against kidnapping,&mdash;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 <a id="pursuers362"></a>pursuers.<sup class="topnum"><a href="#fn362">362</a></sup></p>
+
+
+
+
+<h3><span>Repeal of the Acts proposed.</span></h3>
+
+<p><b>§&nbsp;100. Repe<a id="al_of"></a>al of the Fugitive Slave Acts.</b>&mdash;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.</p>
+
+<p><b>§&nbsp;101. <a id="Early_propositions_to"></a>Early propositions to repeal the acts.</b>&mdash;Repeal, however, was
+preceded by many earlier propositions. The Committee on the Judiciary, to
+which was referred Mr. Howe's bill, presented <a id="December363"></a>December 26, 1861,<sup class="topnum"><a href="#fn363">363</a></sup> 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 <a id="country364"></a>country."<sup class="topnum"><a href="#fn364">364</a></sup> To take away
+the law of 1850 would leave in force the act of 1793, which was "good
+enough."</p>
+
+<p>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 <a id="Judiciary365"></a>Judiciary.<sup class="topnum"><a href="#fn365">365</a></sup> 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
+<a id="acts366"></a>acts.<sup class="topnum"><a href="#fn366">366</a></sup></p>
+
+<p>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 <a id="Congress367"></a>Congress.<sup class="topnum"><a href="#fn367">367</a></sup></p>
+
+
+
+
+
+<h3><span>Discussion of Repeal Bills.</span></h3>
+
+<p><b>§&nbsp;102. Disc<a id="ussi"></a>ussion of the repeal bill in the House.</b>&mdash;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 <a id="outrage368"></a>outrage."<sup class="topnum"><a href="#fn368">368</a></sup></p>
+
+<p>Again, one of the reasons for the departure of the Southern States, was
+the "bad faith of the Northern States,&mdash;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
+<a id="slavery369"></a>slavery."<sup class="topnum"><a href="#fn369">369</a></sup> 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
+<a id="adhered370"></a>adhered."<sup class="topnum"><a href="#fn370">370</a></sup></p>
+
+<p>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 <a id="rehearsed371"></a>rehearsed.<sup class="topnum"><a href="#fn371">371</a></sup></p>
+
+
+<p>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
+<a id="it372"></a>it."<sup class="topnum"><a href="#fn372">372</a></sup> 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 <a id="duty373"></a>duty."<sup class="topnum"><a href="#fn373">373</a></sup> 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 <a id="institution374"></a>institution.<sup class="topnum"><a href="#fn374">374</a></sup> 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
+<a id="House375"></a>House.<sup class="topnum"><a href="#fn375">375</a></sup></p>
+
+
+<p><b>§&nbsp;103. Repeal bills <a id="in_the_Senate"></a>in the Senate.</b>&mdash;Mr. Sumner had already reported a
+repeal bill from the Committee on Slavery and Freedom in the Senate,
+<a id="February376"></a>February 29, 1864.<sup class="topnum"><a href="#fn376">376</a></sup> 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 <a id="consideration377"></a>consideration.<sup class="topnum"><a href="#fn377">377</a></sup></p>
+
+
+
+<p>In the debate several speeches were made against the measure, while Mr.
+Sumner defended it. To the antislavery party the act was
+<a id="constitutionally378"></a>constitutionally<sup class="topnum"><a href="#fn378">378</a></sup> 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
+<a id="commandments379"></a>commandments."<sup class="topnum"><a href="#fn379">379</a></sup> 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 <a id="lands380"></a>lands.<sup class="topnum"><a href="#fn380">380</a></sup> "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."</p>
+
+<p>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 <a id="accepted381"></a>accepted.<sup class="topnum"><a href="#fn381">381</a></sup> 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 <a id="argument382"></a>argument."<sup class="topnum"><a href="#fn382">382</a></sup></p>
+
+<p>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 <a id="to383"></a>to 12.<sup class="topnum">383</sup> 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 <a id="States384"></a>States.<sup class="topnum"><a href="#fn384">384</a></sup></p>
+
+
+
+<h3><span>Repeal of the Acts.</span></h3>
+
+<p><b>§&nbsp;104. The repeal act and the <a id="thirteenth"></a>thirteenth amendment.</b>&mdash;The act was a simple
+one; it runs as follows:&mdash;</p>
+
+
+<div class="blockquot">
+<p> "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.</p>
+<p> "<i>Be it enacted by the Senate and House of Representatives of the
+ United States of America in Congress assembled</i>, 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.</p>
+<p>"Approved, June 28, 1864."</p>
+</div>
+
+
+<p>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.</p>
+
+<p><b>§&nbsp;105. Educating effect of the con<a id="trov"></a>troversy.</b>&mdash;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.</p>
+
+<p>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.</p>
+
+<p>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.</p>
+
+
+
+
+<h2><a id="APPENDIX_A"></a><span>APPENDIX A.</span>
+
+<span><i>COLONIAL LAWS RELATIVE TO FUGITIVES.</i></span></h2>
+
+<p>The precise text is quoted in each case. The figures in brackets <b>[&nbsp;]</b> refer
+to paragraphs in the text. The sign&nbsp;<big>0</big>&nbsp;indicates that the full text is to
+be found in the reference cited.</p>
+
+
+<h4><span>1. New Netherlands:&mdash;Running <a id="away"></a>away from Patroons. [§&nbsp;<a href="#egula">2</a>].</span></h4>
+<p><b>1629, June 7.</b> Freedoms and exemptions. Granted by the West India Company
+to all Patroons, Masters or Private Persons who will plant Colonies in
+New Netherlands.&mdash;"XVIII. The Company promise the colonists of the
+Patroons.... XIX.&mdash;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."&mdash;<big>0</big>&nbsp;<i>Laws and Ordinances of New
+Netherlands,&nbsp;7.</i></p>
+
+<h4><span>2. Mass<a id="achu"></a>achusetts:&mdash;Capture
+and protection of servants. [§&nbsp;<a href="#Regulations_in_New_England">4.</a>]</span></h4>
+<p><b>1630-1641.</b> "Acts respecting Masters, Servants, and Labourers."&mdash;"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."&mdash;<big>0</big>&nbsp;<i>Charters and General
+Laws of the Colony and Province of Massachusetts Bay,&nbsp;155.</i></p>
+
+<h4><span>3. New Netherlands:&mdash;Runaway serv<a id="ants"></a>ants.
+[§&nbsp;<a href="#Dutch_regulations_in_New">6.</a>]</span></h4>
+
+<p><b>1640, Aug. 7.</b> "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; <sup class="topnum">1</sup>/<sup class="botnum">3</sup> for the new Church and <sup class="topnum">1</sup>/<sup class="botnum">3</sup> for the
+Fiscal." Dated as above.&mdash;<big>0</big>&nbsp;<i>Laws and Ordinances of New Netherlands, 32.</i></p>
+
+<h4><span>4. Maryland:&mdash;Runaway <a id="apprentices_felons"></a>apprentices felons.</span></h4>
+
+<p><b>1642, March 26.</b> Act against Fugitives.&mdash;"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, &amp; 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."&mdash;<big>0</big>&nbsp;<i>Archives of Maryland, Assembly Proceedings,
+124.</i></p>
+
+<h4><span>5. New Netherlands:&mdash;<a id="Against_harboring"></a>Against harboring
+ fugitive servants. [§&nbsp;<a href="#Dutch_regulations_in_New">6</a>].</span></h4>
+
+<p><b>1642, April 13.</b> "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.&mdash;<big>0</big>&nbsp;<i>Laws and Ordinances of New
+Netherlands, 32.</i></p>
+
+<h4><span>6. Virginia:&mdash;Entert<a id="ainm"></a>ainment of fugitives.
+ [§&nbsp;<a href="#Treatment_of_fugitives">3</a>].</span></h4>
+
+<p><b>1642-3, March.</b> 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, <i>Be it
+enacted and confirmed</i> 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."&mdash;<big>0</big>&nbsp;<i>Statutes at Large. Hening, Laws of
+Virginia, I. 253.</i></p>
+
+<h4><span>7. Virginia:&mdash;Runaway ser<a id="vant"></a>vants.
+ [§&nbsp;<a href="#Treatment_of_fugitives">3.</a>]</span></h4>
+
+<p><b>1642-3, March.</b> Act XXII. "<i>Be it therefore enacted and confirmed</i> 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&nbsp;of incorrigible rogues."&mdash;<big>0</big>&nbsp;<i>Statutes at Large. Hening, Laws of Virginia, I. 254.</i></p>
+
+<h4><span>8. New<a id="Arti"></a> England
+ Confederation:&mdash;Articles of Confederation. [§&nbsp;<a href="#al">8.</a>]</span></h4>
+
+<p><b>1643, Aug. 29.</b> 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."&mdash;<big>0</big>&nbsp;<i>Plymouth Colony Records, IX.
+5.</i></p>
+
+<h4><span>9. <a id="Connect"></a>Connecticut:&mdash;Servants and apprentices.</span></h4>
+
+<p><b>1644, June 3.</b> "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."&mdash;<big>0</big>&nbsp;<i>Connecticut Records, I. 105.</i></p>
+
+<h4><span>10. New Netherl<a id="ands"></a>ands:&mdash;Entertainment of runaways.</span></h4>
+
+<p><b>1648, Oct. 6.</b> Ordinance of the Director and Council of New Netherland
+against Fugitives from Service. Passed 6 October, 1648.&mdash;"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."
+&mdash;<big>0</big>&nbsp;<i>Laws and Ordinances of New Netherlands, 104.</i></p>
+
+<h4><span>11. Mar<a id="ylan"></a>yland:&mdash;Against fugitives.</span></h4>
+
+<p><b>1649.</b> <i>Archives of Maryland, Assembly Proceedings, 249.</i></p>
+
+<h4><span>12. Mar<a id="yland"></a>yland:&mdash;Against fugitives.</span></h4>
+
+<p><b>1654, Oct.</b> <i>Archives of Maryland, Assembly Proceedings, 348.</i></p>
+
+<h4><span>13. Virginia:&mdash;Pen<a id="alty"></a>alty for second offence.</span></h4>
+
+<p><b>1655-6, March.</b> "Act XI. <i>Be it enacted by this Grand Assembly</i> 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."&mdash;<big>0</big>&nbsp;<i>Statutes at Large.
+Hening, Laws of Virginia, I. 401.</i></p>
+
+<h4><span>14. New Netherlands:&mdash;Tre<a id="aty_w"></a>aty with
+ United Colonies. [§&nbsp;<a href="#International_cases">11.</a>]</span></h4>
+
+<p><b>1656.</b> Resolution of the States General ratifying the treaty of Hartford,
+passed February 22, 1656.&mdash;"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."&mdash;<big>0</big>&nbsp;<i>Laws and Ordinances of New Netherlands, 216.</i></p>
+
+
+<h4><span>15. <a id="City_of"></a>City of Amsterdam:&mdash;Runaway colonists banished.</span></h4>
+
+<p><b>1656, December.</b> 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.&mdash;"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."&mdash;<big>0</big>&nbsp;<i>Laws and Ordinances of New Netherlands, 273.</i></p>
+
+<h4><span>16. Virginia:&mdash;Enter<a id="tain"></a>tainment of runaways.</span></h4>
+
+<p><b>1657-8, March.</b> Act XV. Concerning Hireing Servants. Thirty pounds of
+tobacco shall be paid for every night a servant or person without a
+certificate is entertained.&mdash;<i>Statutes at Large. Hening, Laws of
+Virginia, I. 439.</i></p>
+
+<h4><span>17. Virginia:&mdash;Puni<a id="shme"></a>shment of runaways.</span></h4>
+
+<p><b>1657-8, March.</b> 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.&mdash;<i>Hening, Laws of Virginia, I. 440.</i></p>
+
+<h4><span>18. Virginia:&mdash;Huie and <a id="crie"></a>crie after runaways.</span></h4>
+
+<p><b>1657-8, March.</b> "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, <i>Bee it therefore
+enacted and confirmed by the anthorite of this present Grand Assembly</i>,
+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."&mdash;<big>0</big>&nbsp;<i>Statutes at Large. Hening, Laws of Virginia, I.
+483.</i></p>
+
+<h4><span>19. New Net<a id="herlands"></a>herlands:&mdash;Runaway servants.</span></h4>
+
+<p><b>1658, April 9.</b> Ordinance of the Director General and Council of New
+Netherland renewing sundery Ordinances therein mentioned. Passed 9 April,
+1658.&mdash;"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."&mdash;<big>0</big>&nbsp;<i>Laws of New Netherlands,&nbsp;344.</i></p>
+
+<h4><span>20. Virginia:&mdash;How to know a runnaw<a id="ay_se"></a>ay
+ servant. [§&nbsp;<a href="#Treatment_of_fugitives">3.</a>]</span></h4>
+
+<p><b>1658-9, March.</b> Act III. "<i>It is enacted and ordained</i> 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."&mdash;<big>0</big>&nbsp;<i>Statutes at Large. Hening, Laws of
+Virginia, I. 517.</i></p>
+
+
+<h4><span>21. Virginia:&mdash;Payment of Dutch <a id="ship"></a>shipmasters.</span></h4>
+
+<p><b>1659-60, March.</b> 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.&mdash;<i>Statutes at Large. Hening, Laws of Virginia,
+I. 539.</i></p>
+
+<h4><span>22. Virginia:&mdash;Appre<a id="hens"></a>hension of runaways.</span></h4>
+
+<p><b>1660-61, March.</b> Act X. Apprehending of Runnawayes.&mdash;"Whereas the pursuit
+and takeing of runnaways is hindered chiefly by the neglect of constables
+in making search according to their warrants, <i>Bee itt enacted</i> 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."&mdash;<big>0</big>&nbsp;<i>Statutes at Large. Hening, Laws of
+Virginia, II. 21.</i></p>
+
+<h4><span>23. Virginia:&mdash;English runnaw<a id="ay_wi"></a>ay with negroes.
+ [§&nbsp;<a href="#Treatment_of_fugitives">3.</a>]</span></h4>
+
+<p><b>1660-1, March. Act XIII.</b> "<i>Bee itt enacted</i> 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"
+&mdash;<big>0</big>&nbsp;<i>Hening, Laws of Virginia, II. 26.</i></p>
+
+<h4><span>24. Virginia:&mdash;<a id="Gloc"></a>Glocester to have jurisdiction over runaways.</span></h4>
+
+<p><b>1660-1, March.</b> 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.&mdash;<i>Statutes at Large. Hening, Laws of Virginia,
+II. 35.</i></p>
+
+<h4><span>25. Virginia:&mdash;R<a id="unaway_se"></a>unaway servants.</span></h4>
+
+<p><b>1661-2, March.</b> Act CII. Runaways.&mdash;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.&mdash;<i>Hening, Laws of Virginia,&nbsp;II.&nbsp;117.</i></p>
+
+<h4><span>26. M<a id="ar"></a>aryland:&mdash;Against runaways.</span></h4>
+
+<p><b>1662.</b><i> Maryland Archives, Assembly Proceedings, 451.</i></p>
+
+<h4><span>27. Virginia:&mdash;P<a id="ursuit"></a>ursuit of runaways to the Dutch.</span></h4>
+
+<p><b>1663, September.</b> 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.&mdash;<i>Statutes at Large.
+Hening, Laws of Virginia, II. 187.</i></p>
+
+<h4><span>28. M<a id="ary"></a>aryland:&mdash;Against English servants.</span></h4>
+
+<p><b>1663, October.</b> <i>Maryland Archives, Assembly Proceedings, 489.</i></p>
+
+<h4><span>29. New Netherlands:&mdash;Quakers, etc. refused <a id="admission_to_colony"></a>admission to colony.</span></h4>
+
+<p><b>1663, May 17.</b> 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.&mdash;"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.&mdash;<big>0</big>&nbsp;<i>Laws and Ordinances of
+New Netherlands, 439.</i></p>
+
+<h4><span>30. Virginia:&mdash;<a id="Entertainment_of"></a>Entertainment of runaways.</span></h4>
+
+<p><b>1666, October.</b> 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.&mdash;<i>Statutes at Large. Hening,
+Laws of Virginia, II. 239.</i> </p>
+
+<h4><span>31. Maryland:&mdash;Runaways <a id="and_their_entert"></a>and their entertainers.</span></h4>
+
+<p><b>1666, May.</b> "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."&mdash;<big>0</big>&nbsp;<i>Maryland Archives, Assembly Proceedings, 147.</i></p>
+
+<h4><span>32. <a id="New_Jersey"></a>New Jersey&mdash;Fugitive servants.</span></h4>
+
+<p><b>1668, May 30.</b> 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.</p>
+
+<p>"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 <i>Five Pounds</i>, 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."&mdash;<big>0</big>&nbsp;<i>New
+Jersey Laws, 82.</i></p>
+
+<h4><span>33. Virginia:&mdash;Ru<a id="nawa"></a>naways.</span></h4>
+
+<p><b>1668, September.</b> 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.&mdash;<i>Statutes at Large, Hening, Laws of
+Virginia, II. 266.</i></p>
+
+<h4><span>34. Virginia:&mdash;Runaways.</span></h4>
+
+<p><b>1669, October.</b> Act VIII. Against Runawayes. "<i>Be it therefore enacted</i>
+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."</p>
+
+<p>"<i>And be it further enacted</i> 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."
+&mdash;<big>0</big>&nbsp;<i>Statutes at Large. Hening, Laws of Virginia, II. 273.</i></p>
+
+<h4><span>35. Virginia:&mdash;Apprehensi<a id="on_of_R"></a>on of Runaways.</span></h4>
+
+<p><b>1670, October.</b> 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.&mdash;<i>Statutes at Large. Hening, Laws of Virginia, II. 277.</i></p>
+
+<h4><span>36. Virginia:&mdash;Re<a id="ward"></a>ward to the first taker up of runaways.</span></h4>
+
+<p><b>1670, October.</b> Act XIII. Runawayes. Only the first taker up of a runaway
+shall be rewarded.&mdash;<i>Statutes at Large. Hening, Laws of Virginia, II.
+283.</i></p>
+
+<h4><span>37. Virginia:&mdash;<a id="Appr"></a>Apprehension of Runaways. [§&nbsp;<a href="#al">8.</a>]</span></h4>
+
+<p><b>1672, October.</b> 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.&mdash;<i>Statutes at Large. Hening, Laws of
+Virginia, II. 299.</i></p>
+
+<h4><span>38. Maryland:&mdash;<a id="Apprehension"></a>Apprehension of runaways.</span></h4>
+
+<p><b>1671, April.</b> 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.&mdash;<i>Maryland Archives, Assembly Proceedings, 298.</i></p>
+
+<h4><span>39. <a id="New_Jer"></a>New Jersey:&mdash;Fugitive servants and apprentices.</span></h4>
+
+<p><b>1675, November.</b> "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. <i>And it is
+further enacted</i>, that whosoever shall be proved to have transported or
+contrived the Transportation of any such Apprentice, Servant, or Slave,
+shall be fined <i>Five Pounds</i>, 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. <i>It is further enacted</i>, 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 <i>Ten Shillings</i> for
+every days Entertainment or Concealment, and if not able to satisfy, to
+be liable to the Judgement of the Court."&mdash;<i>New Jersey Laws, 109.</i></p>
+
+<h4><span>40. Ma<a id="rylan"></a>ryland:&mdash;Runaways.</span></h4>
+
+<p><b>1676, June.</b> An Act against runaways.&mdash;<i>Laws of Maryland, Bacon, Index.</i></p>
+
+<h4><span>41. <a id="East_New_J"></a>East New Jersey:&mdash;Fugitive servants.</span></h4>
+
+<p><b>1682, March.</b> 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. <i>Be it further enacted</i> 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
+<i>Five Pounds</i>, 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. <i>Be it
+further enacted</i> 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 <i>Ten Shillings</i> for every Days
+Entertainment and concealment, and be fined according to the Discretion
+of the Court."&mdash;<i>Acts of the Proprietary Government of New Jersey, 238.</i></p>
+
+<h4><span>42. New Jersey:&mdash;Pre<a id="vention"></a>vention of runaways.</span></h4>
+
+<p><b>1683.</b> No title given. General Assembly. VI. "And for the preventing
+Servants running away from their Masters, and other Vagabonds, <i>Be it
+hereby enacted</i> 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."&mdash;<big>0</big>&nbsp;<i>Acts of the Proprietary Governments of New
+Jersey, 477.</i></p>
+
+<h4><span>43. South <a id="Carolina"></a>Carolina.&mdash;Prevention of runaways.</span></h4>
+
+<p><b>1683, Nov. 7.</b> An Act to prevent Runaways. Title only preserved. Table of
+contents.&mdash;<i>Statutes at Large of South Carolina, II.</i></p>
+
+<h4><span>44. Virginia:&mdash;Repeal of law of 1663, <a id="Sept"></a>September.</span></h4>
+
+<p><b>1684, April.</b> 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.&mdash;<i>Statutes at Large. Hening, Laws of
+Virginia, III. 12.</i></p>
+
+<h4><span>45. E<a id="ast_N"></a>ast New Jersey:&mdash;Runaway servants. [§&nbsp;<a href="#egula">2.</a>]</span></h4>
+
+<p><b>1686, April.</b> 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 <i>Twenty Shillings</i> paid him or them," etc.&mdash;<i>New
+Jersey Laws, 292.</i></p>
+
+<h4><span>46. Virginia: Law of 1670 amended.</span></h4>
+
+<p><b>1686, October.</b> Act I. Slight change in making out the certificate for
+apprehension of runaway.&mdash;<i>Statutes at Large. Hening, Laws of Virginia,
+III. 29.</i></p>
+
+
+
+<h4><span>47. South Carolina:&mdash;<a id="Inhibition"></a>Inhibition of trade with runaways.</span></h4>
+
+<p><b>1691.</b> An act inhibiting the tradeing with Servants and Slaves. "<i>And it
+is alsoe enacted</i> 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."&mdash;<big>0</big>&nbsp;<i>Statutes at Large of South Carolina, II. 53.</i></p>
+
+<h4><span>48. Penn<a id="sylv"></a>sylvania:&mdash;Regulation of servants.</span></h4>
+
+<p><b>1700.</b> An Act for the better Regulation of Servants in this Province and
+Territories. "And for the Prevention of Servants quitting their masters
+Service, <i>Be it enacted</i> 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 <i>Ten Shillings</i>; and if Ten
+miles or upwards, <i>Twenty Shillings</i> 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 <i>Five Shillings</i> Prison Fees
+upon the Delivery of the said Servant, together with all other
+Disbursements and reasonable Charges for and upon the same."&mdash;<big>0</big>&nbsp;<i>Province
+Laws of Pennsylvania, I. 5.</i></p>
+
+<h4><span>49.<a id="New_Y"></a> New York:&mdash;Regulation of slaves.</span></h4>
+
+<p><b>1702.</b> 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."&mdash;<big>0</big>&nbsp;<i>Acts of Province of New York
+from 1691 to 1718, p. 58.</i></p>
+
+<h4><span>50. New York:&mdash;Punishment<a id="anad"></a> of runaways to Canada. [§&nbsp;<a href="#al">8.</a>]</span></h4>
+
+<p><b>1705.</b> An act to prevent the Running away of Negro Slaves out of the City
+and County of <i>Albany</i>, to the French at Canada. "Whereas the City and
+County of Albany are the Frontiers of this Province toward the <i>French</i>
+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 <i>Albany</i>, who shall from and after
+the First Day of <i>August</i> 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 <i>Sarachtoge</i> (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."&mdash;<i>Acts of Province of
+New York, 77.</i></p>
+
+<h4><span>51. New York:&mdash;<a id="Act_of_1702_revived"></a>Act of 1702 revived.</span></h4>
+
+<p><b>1705.</b> An act for Reviving and continuing an Act, Intituled, An Act for
+Regulating Slaves, 1702 (expired in 1712).&mdash;<i>Acts of the Province of New
+York, 79.</i></p>
+
+<h4><span>52. Virginia:&mdash;Runaw<a id="ay_serva"></a>ay servants and slaves.</span></h4>
+
+<p><b>1705, October.</b> 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.&mdash;<i>Hening, Laws of Virginia, II.
+447.</i></p>
+
+<h4><span>53. M<a id="assa"></a>assachusetts Bay:&mdash;Regulation of free negroes. [§&nbsp;4.]</span></h4>
+
+<p><b>1707.</b> 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."&mdash;<i>Charters and General Laws of the Colony and Province of
+Massachusetts Bay, 386.</i></p>
+
+<h4><span>54. South Carolina:&mdash;For the <a id="better"></a>better ordering of slaves.</span></h4>
+
+<p><b>1712.</b> <i>Statutes at Large of South Carolina, II. 381.</i></p>
+
+<h4><span>55. N<a id="ew_Je"></a>ew Jersey:&mdash;Regulation of slaves.</span></h4>
+
+<p><b>1713.</b> 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."&mdash;<i>Acts
+of the Assembly of New Jersey, 18.</i></p>
+
+<h4><span>56. New Jersey:&mdash;Regulation <a id="of_white"></a>of white servants.</span></h4>
+
+<p>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 10£" 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-House-keepers entertaining them to forfeit 40s.," etc.&mdash;<i>Acts of
+the Assembly of New Jersey, 24.</i></p>
+
+<h4><span>57. Rhode Island:&mdash;Ferri<a id="age_o"></a>age of runaways.
+[§&nbsp;<a href="#Regulations_in_New_England">4.</a>]</span></h4>
+
+<p><b>1714, Oct. 27.</b> "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;&mdash;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."&mdash;<i>Proceedings of General Assembly, Colony of Rhode Island and
+Providence Plantations, Providence, 177; Records of Colony of Rhode
+Island, 177.</i></p>
+
+<h4><span>58. South Carolina:&mdash;<a id="Additional"></a>Additional Act to Act of 1712.</span></h4>
+
+<p><b>1714.</b> <i>Statutes at Large of South Carolina, II. 620.</i></p>
+
+<h4><span>59. New York:&mdash;<a id="Act_o"></a>Act of 1705 revived. [§&nbsp;<a href="#al">8.</a>]</span></h4>
+
+<p><b>1715.</b> 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.&mdash;<i>Laws Province of New York, 218.</i></p>
+
+<h4><span>60. North Ca<a id="rolina"></a>rolina:&mdash;Servants and slaves.</span></h4>
+
+<p><b>1715.</b> An Act concerning servants and Slaves. Title only given.&mdash;<i>Laws of
+North Carolina, 21, 27.</i></p>
+
+<h4><span>61. New Hampshire:&mdash;Runaway <a id="minors_and"></a>minors and servants.</span></h4>
+
+<p><b>1715.</b> An Act for preventing Men's Sons or Servants absenting themselves
+from their Parents or Masters Service without Leave.&mdash;"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 <i>five
+pounds per</i> 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. §&nbsp;2.
+<i>And be it further enacted by the authority aforesaid</i>, 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."&mdash;<big>0</big>&nbsp;<i>Acts and Laws of His Majesty's Province of New Hampshire, 40.</i></p>
+
+<h4><span>62. S<a id="outh_Caro"></a>outh Carolina:&mdash;Additional Act against runaways.</span></h4>
+
+<p><b>1717.</b> <i>Statutes at Large of South Carolina, III. 39.</i></p>
+
+<h4><span>63. Massachusetts Bay:&mdash;Transportation <a id="of_apprentices_and"></a>of
+apprentices and servants.</span></h4>
+
+<p><b>1718, October.</b> 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.&mdash;<i>Charters and Laws of the Colony and Province of
+Massachusetts Bay, 750.</i></p>
+
+<h4><span>64. Sout<a id="h_Ca"></a>h Carolina:&mdash;Regulation of Slaves.</span></h4>
+
+<p><b>1722.</b> An Act for the better ordering and governing of slaves.&mdash;<i>Statutes
+at Large of South Carolina, 193.</i></p>
+
+<h4><span>65. Pennsylvania:&mdash;<a id="Regulation_of"></a>Regulation of negroes.</span></h4>
+
+<p><b>1725.</b> 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 <i>Thirty
+Shillings</i> for every Twenty four Hours he or they shall entertain or
+harbour him or them as aforesaid."&mdash;<i>Province Laws of Pennsylvania,
+Philadelphia, 1725.</i></p>
+
+<h4><span>66. Virginia:&mdash;Ear<a id="lier_act_amend"></a>lier act amended.</span></h4>
+
+<p><b>1726, May.</b> 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.&mdash;<i>Statutes at Large. Hening, Laws of Virginia, IV. 168.</i></p>
+
+<h4><span>67. <a id="Conn"></a>Connecticut:&mdash;Runaway servants and slaves.</span></h4>
+
+<p><b>1730 (probably).</b> An Act concerning <i>Indian</i>, <i>Molatto</i>, and <i>Negro</i>
+Servants and Slaves. "That whatsoever <i>Negro</i>, <i>Molatto</i>, or <i>Indian</i>
+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 <i>negro</i>, <i>molatto</i>, or <i>Indian</i>
+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 <i>Negro</i>, <i>molatto</i>, or <i>Indian</i> 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 <i>Indian</i>, <i>molatto</i> or
+<i>negro</i> 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."
+&mdash;<big>0</big>&nbsp;<i>Acts and Laws of His Majestie's Colony of Connecticut, 229.</i></p>
+
+<h4><span>68. New York:&mdash;Slave <a id="insurrections"></a>insurrections, etc.</span></h4>
+
+<p><b>1730.</b> 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.&mdash;<i>Acts of
+Province of New York, 193.</i></p>
+
+<h4><span>69. South Carolina:&mdash;Reg<a id="ula"></a>ulation of slaves.</span></h4>
+
+<p><b>1735.</b> <i>Statutes at Large of South Carolina, III. 405.</i></p>
+
+<h4><span>70. <a id="Delaw"></a>Delaware:&mdash;Regulation of servants and slaves.</span></h4>
+
+<p><b>1740.</b> 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."&mdash;<i>Laws of Delaware, 211, 212.</i></p>
+
+<h4><span>71. <a id="Delawa"></a>Delaware:&mdash;Regulation of servants and slaves.</span></h4>
+
+<p><b>1740.</b> An Act for the better regulation of Servants and Slaves within this
+Government. "Sec. 14. <i>And be it further enacted by the authority
+aforesaid</i>, 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. <i>And be it
+further enacted by the authority aforesaid</i>, 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."&mdash;<big>0</big>&nbsp;<i>Laws
+of the State of Delaware, 215, 216.</i></p>
+
+<h4><span>72. <a id="Sou"></a>South Carolina:&mdash;Regulation of slaves.</span></h4>
+
+<p><b>1740.</b> <i>Statutes at Large, South Carolina, III. 568.</i></p>
+
+<h4><span>73. North C<a id="arol"></a>arolina:&mdash;Entertainment of runaways,
+etc. [§&nbsp;<a href="#Treatment_of_fugitives">3.</a>]</span></h4>
+
+<p><b>1741.</b> 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.&mdash;<i>Laws of North
+Carolina, 89.</i></p>
+
+<h4><span>74. Virginia:&mdash;<a id="Ferria"></a>Ferriage of runaways.</span></h4>
+
+<p><b>1748, Oct.</b> 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.&mdash;<i>Statutes
+at Large, Hening, VI. 22.</i></p>
+
+<h4><span>75. South Carolina: Act additional to Act of 1740.</span></h4>
+
+<p><b>1751.</b> <i>Statutes at Large of South Carolina, III. 738.</i></p>
+
+<h4><span>76. Rhode Island:&mdash;Assistance of runaways.</span></h4>
+
+<p><b>1766-1798.</b> An Act relative to Slaves, and to their Manumission and
+support.&mdash;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.&mdash;<i>Laws of Rhode Island and
+Providence Plantations, 607.</i></p>
+
+<h4><span>77. North Carolina:&mdash;Slave <a id="stealing"></a>stealing.</span></h4>
+
+<p><b>1779.</b> 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; <i>Be it therefore further enacted</i>
+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.&mdash;<i>Laws of North Carolina, 371.</i></p>
+
+
+
+<h4><span>78. Connecticut:&mdash;<a id="Escape_of"></a>Escape of negroes and servants.</span></h4>
+
+<p><b>No date given.</b> 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."&mdash;<big>0</big>&nbsp;<i>Acts and Laws of His Majesty's Province
+of Connecticut, 87.</i></p>
+
+<h4><span>79. Connecticut:&mdash;<a id="Pursuit_of"></a>Pursuit of runaways.</span></h4>
+
+<p><b>No date given.</b> "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."&mdash;<big>0</big>&nbsp; <i>Colonial Records of Connecticut, I. 539.</i></p>
+
+<h4><span>80. Pennsylvania:&mdash;<a id="Harboring"></a>Harboring fugitives.</span></h4>
+
+<p><b>Anno Regni Duodecimo Georgii Regis. [1726?]</b> 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."
+&mdash;<big>0</big>&nbsp;<i>Province Laws of Pennsylvania, 325.</i></p>
+
+
+
+<h2><span><a id="APPENDIX_B"></a>APPENDIX B.</span>
+
+<span><i>NATIONAL ACTS AND PROPOSITIONS RELATIVE TO FUGITIVE SLAVES. 1778-1854.</i></span></h2>
+
+<p>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 <b>[&nbsp;]</b> refer back to the text of the monograph.</p>
+
+<h3><span> Treaties and First Act.</span></h3>
+
+<h4><span>1. Fu<a id="gitive"></a>gitive clause in treaty with the Delawares.</span></h4>
+
+<p><b>1778, Aug. 7.</b> 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."&mdash;<i>Statutes at Large, VII. 14.</i></p>
+
+<h4><span>2. Fugitive <a id="clause"></a>clause in the treaty of peace.
+ [§§&nbsp;<a href="#atio">13,</a> <a href="#atus">22.</a>]</span></h4>
+
+<p><b>1782-83. 1782, Nov. 13.</b> Provisional articles. <b>1783, Sept. 3.</b> 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."&mdash;<i>Treaties and Conventions, ed.
+of 1889, pp. 372, 378.</i></p>
+
+<h4><span>3. Fugitive c<a id="lauses"></a>lauses in Indian treaties. [§&nbsp;<a href="#atio">13.</a>]</span></h4>
+
+<p><b>1784-86. 1784, Oct. 22.</b> Treaty with the Six Nations, Art. I. </p>
+<p><b>1785,&nbsp;Jan.&nbsp;21.</b> Treaty with the Wyandots, etc. Art. I. "All the prisoners white and
+black" taken by the Indians "shall be delivered up" or
+"restored."&mdash;<i>Statutes at Large, VII. 15, 16.</i></p>
+
+<h4><span>4. Fugitive clause in King's <a id="ordin"></a>ordinance. [§&nbsp;<a href="#Ordinance_for_the_Northwest">14.</a>]</span></h4>
+
+<p><b>1785, April 6.</b> 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."&mdash;<i>Papers of Old Congress</i>, XXI. 331, cited
+in <i>Bancroft, History of the United States (last Revision), VI. 133.</i></p>
+
+<h4><span>5. Fugitive clauses in Ind<a id="ian_tre"></a>ian treaties. [§&nbsp;<a href="#atio">13.</a>]</span></h4>
+
+<p><b>1785, Nov. 28.</b> Treaty with the Cherokees, Art. I.</p>
+
+<p><b>1786,&nbsp;Jan.&nbsp;3.</b> Treaty with the Choctaws, Art. I.</p>
+
+<p><b>1786,&nbsp;Jan.&nbsp;10.</b> Treaty with the Chickasaws, Art. I.</p>
+
+<p>Identical clauses. The Indians "to restore all the Negroes and all other
+property taken during the late war."</p>
+
+<p> <b>1786, June 31.</b> 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."&mdash;<i>Statutes at
+Large, VII. 18, 21, 25, 26. </i></p>
+
+<h4><span>6. Fugitive clause in Nor<a id="thwest"></a>thwest Ordinance of 1787.
+[§&nbsp;<a href="#Ordinance_for_the_Northwest">14</a>]</span></h4>
+
+<p><b>1787, July 13.</b> 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; <i>provided</i>,
+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.&mdash;<big>0</big>&nbsp; <i>Journals of Congress, XII. 84, 92.</i></p>
+
+<h4><span>7. Fugitive<a id="tution"></a> clause in the Constitution. [§&nbsp;<a href="#giti">15.</a>]</span></h4>
+
+<p><b>1787, Sept. 13.</b> Art. IV. §&nbsp;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."&mdash;<i>Revised Statutes of the United
+States, I. 18.</i></p>
+
+<h4><span>8. Clauses for ret<a id="urning"></a>urning fugitives in Indian treaties.</span></h4>
+
+<p><b>1789, Jan. 7.</b> 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)."&mdash;<i>Statutes at Large,
+VII. 28.</i></p>
+
+<p><b>1790-91. 1790, Apr. 7.</b> 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."&mdash;<i>Statutes at Large, VII. 35.</i></p>
+
+<p><b>1791, July 2.</b> Treaty with the Cherokees. Art. III. All prisoners to be
+yielded up on both sides.&mdash;<i>Statutes at Large, VII. 36.</i></p>
+
+<h4><span>9. First Fugitive Sl<a id="ave_Act"></a>ave Act.</span></h4>
+
+<p><b>1793, Feb. 12.</b> <i>An Act respecting fugitives from justice and persons
+escaping from the service of their masters.</i></p>
+
+<p>"<span class="smcap">Section 1.</span><i> Be it enacted by the Senate and House of Representatives of
+the United States of America in Congress assembled</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 2.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 3.</span> <i>And be it also enacted</i>, That when a person held to labour in
+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.</p>
+
+<p>"<span class="smcap">Sec. 4.</span> <i>And be it further enacted</i>, 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."&mdash;<big>0</big>&nbsp; <i>Statutes at Large, I. 302-305.</i></p>
+
+<h3><span>Bills and Propositions.</span></h3>
+
+
+<h4><span>10. Ab<a id="stract"></a>stract of amendatory bill on fugitives.
+ [§&nbsp;<a href="#Propositions_of_1797">19.</a>]</span></h4>
+
+<p><b>1801, Dec. 18.</b> "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."</p>
+
+<p><b>1802, Jan. 15.</b> 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.&mdash;<i>7 Cong. 1 Sess., Annals of Congress, H. of R., 423.</i></p>
+
+<h4><span>11. Restorati<a id="on_of_sl"></a>on of slaves by Indian treaties.
+ [§&nbsp;<a href="#atus">22.</a>]</span></h4>
+
+<p><b>1814, Aug. 9.</b> 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."&mdash;<i>Treaties and Conventions.</i></p>
+
+<h4><span>12. Fugitive slave c<a id="lause_i"></a>lause
+ in the Treaty of Ghent. [§&nbsp;<a href="#atus">22</a>].</span></h4>
+
+<p><b>1814, Dec. 24.</b> 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."&mdash;<i>Treaties and
+Conventions.</i></p>
+
+<h4><span>13. Amendments pr<a id="oposed"></a>oposed to Pindall's bill.
+ [§&nbsp;<a href="#Propositions_from_1817">20</a>]</span></h4>
+
+<p><b>1818, Jan. 29.</b> "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.&mdash;<i>House Journal 15 Cong.
+1 Sess., 193; Annals of Congress, 15 Cong. 1 Sess., 830.</i></p>
+
+
+<p>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.&mdash;<i>Annals of Congress, 15 Cong. 1 Sess., 830.</i></p>
+
+<p>"Mr. Rich made several successive attempts to procure amendments to the
+bill, relaxing some of its provisions, which were successively
+negatived."&mdash;<i>Annals of Congress, 15 Cong. 1 Sess., 830.</i></p>
+
+<h4><span>14. Provision <a id="for_del"></a>for delivery on executive requisition.
+ [§&nbsp;<a href="#Propositions_from_1817">20.</a>]</span></h4>
+
+<p><b>1818, March 11.</b> Mr. Daggett moved to strike out the following section of
+the bill: "Sec. 6. <i>And be it further enacted</i>, 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.&mdash;<i>Senate Journal, 15 Cong. 1 Sess., 227, 228;
+Annals of Congress, 15 Cong. 1 Sess., 259.</i></p>
+
+<h4><span>15. Proposed <a id="limita"></a>limitation to four years.
+ [§&nbsp;<a href="#Propositions_from_1817">20.</a>]</span></h4>
+
+<p><b>1818, May 10.</b> Mr. Lacock moved to amend by adding the following: "Sec.&mdash;.
+<i>And be it further enacted</i> 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.&mdash;<i>Senate Journal, 15 Cong. 1 Sess., 228; Annals of Congress,
+15 Cong. 1 Sess., 259.</i></p>
+
+<h4><span>16. Fugitiv<a id="ssouri"></a>e Slave clause in the Missouri Compromise.
+ [§&nbsp;<a href="#Missouri_Compromise">21.</a>]</span></h4>
+
+<p><b>1820, March 19.</b> 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."&mdash;<i>Annals of Congress, 16 Cong. 1 Sess., 1469,
+1587.</i></p>
+
+<h4><span>17. Investigation into the <a id="Pennsy"></a>Pennsylvania Act.
+ [§&nbsp;<a href="#Missouri_Compromise">21.</a>]</span></h4>
+
+<p><b>1820, April 3.</b> Mr. Pindall introduced the following resolution:
+"<i>Resolved</i>, 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."&mdash;<i>House
+Journal, 16 Cong. 1 Sess., 371; Annals of Congress, 16 Cong. 1 Sess.,
+1717.</i></p>
+
+<p>Mr. Tarr moved to amend as follows: "Provided, any such act or acts shall
+have been passed." Resolution and amendment agreed to.&mdash;<i>House Journal,
+16 Cong. 1 Sess., 371; Annals of Congress, 16 Cong. 1 Sess., 1717.</i></p>
+
+<p><b>1820, April 18.</b> 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."&mdash;<i>House Journal, 16 Cong. 1
+Sess., 427; Annals of Congress, 16 Cong. 1 Sess., 1863.</i></p>
+
+<h4><span>18. <a id="Maryla"></a>Maryland resolutions protesting against Pennsylvanians.
+ [§&nbsp;<a href="#Missouri_Compromise">21.</a>]</span></h4>
+
+<p><b>1821, Dec. 17.</b> "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."&mdash;<i>House Journal, 17 Cong. 1 Sess., 62; Annals of Congress, 17
+Cong. 1 Sess., 553.</i></p>
+
+<h4><span>19. <a id="Assump"></a>Assumption of claims on Indians for
+ fugitives. [§&nbsp;<a href="#atus">22.</a>]</span></h4>
+
+<p><b>1832, May 9.</b> 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."&mdash;<i>Statutes at Large, VII. 369.</i></p>
+
+<h4><span>20. C<a id="alhoun"></a>alhoun's resolution on the status of slaves
+ on the high seas. [§&nbsp;<a href="#on_the_high_seas">24.</a>]</span></h4>
+
+<p><b>1840, April 15.</b> "<i>Resolved</i>, 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.</p>
+
+<p>"<i>Resolved</i>, 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.</p>
+
+<p>"<i>Resolved</i>, 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."&mdash;<i>Cong. Globe, 26 Cong.
+1 Sess., 327.</i></p>
+
+<h4><span>21. Wo<a id="odbrid"></a>odbridge resolution on extradition of slaves.
+ [§&nbsp;<a href="#Canada_and_Mexico_places_of_refuge">23</a>]</span></h4>
+
+<p><b>1841, Dec. 22.</b> Mr. Woodbridge submitted the following resolution, which
+was considered, and by unanimous consent agreed to.</p>
+
+<p>"<i>Resolved</i>, 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: <i>Provided</i>,
+such arrangements do not comprehend cases of political offences merely,
+but be restricted to those which are in themselves criminal." No action
+taken.&mdash;<i>Senate Journal, 27 Cong. 2 Sess., 47; Cong. Globe, 27 Cong. 2
+Sess., 48.</i></p>
+
+<h3><span>Prigg Decision. Resolutions.</span></h3>
+
+<h4><span>22. S<a id="ignifi"></a>ignificant extracts from the Prigg decision.
+ [§&nbsp;<a href="#app">25.</a>]</span></h4>
+
+<p><b>1842.</b> "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."</p>
+
+<p>"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."</p>
+
+<p>"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."</p>
+
+<p>"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."&mdash;<i>16 Peters, Justice Story's Opinion, 608.</i></p>
+
+
+<h4><span>23. G<a id="iddings"></a>iddings's resolutions on the status of slaves
+on the high seas. [§&nbsp;<a href="#on_the_high_seas">24.</a>]</span></h4>
+
+<p><b>1842, March 21.</b> "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.</p>
+
+<p>"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.</p>
+
+<p>"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."&mdash;<i>Cong. Globe, 27 Cong. 2 Sess., 324.</i></p>
+
+<h4><span>24. Benton's r<a id="scapin"></a>esolution on slaves escaping to Canada.
+ [§&nbsp;<a href="#Canada_and_Mexico_places_of_refuge">23.</a>]</span></h4>
+
+<p><b>1844, Jan. 29.</b> Mr. Benton presented the following resolution:&mdash;</p>
+
+<p>"<i>Resolved</i>, 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."&mdash;<i>Congressional Record, 28 Cong.
+1 Sess., 206.</i></p>
+
+<h4><span>25. Gi<a id="istric"></a>ddings's resolution for the abolition of the slave trade in the
+District of Columbia. [§&nbsp;<a href="#in_the_District">28.</a>]</span></h4>
+
+<p><b>1848, Jan. 17.</b> 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:&mdash;</p>
+
+<p>"<i>Resolved</i>, 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.&mdash;<i>House Journal, 30 Cong. 1 Sess.,
+250; Cong. Globe, 30 Cong. 1 Sess., 179.</i></p>
+
+<h4><span>26. Hall's re<a id="Columb"></a>peal resolution for
+the District of Columbia. [§&nbsp;<a href="#in_the_District">28.</a>]</span></h4>
+
+<p><b>1848, Feb. 28.</b> 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.:&mdash;</p>
+
+<p>"Preamble.... <i>Resolved</i>, 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.&mdash;<i>House Journal, 30
+Cong. 1 Sess., 450, 453; Cong. Globe, 30 Cong. 1 Sess., 390.</i></p>
+
+
+<h3><span>Resolutions. Bill of 1850.</span></h3>
+
+
+
+<h4><span>27. Giddings's resolution <a id="inquir"></a>inquiring into the condition of the District of
+Columbia jail. [§&nbsp;<a href="#in_the_District">28.</a>]</span></h4>
+
+<p><b>1848, April 18.</b> Mr. Giddings introduced the following resolution:&mdash;</p>
+
+<p>"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:</p>
+
+<p>"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, <i>Be it
+resolved</i>, 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. <i>Resolved, further</i>, that said committee be
+authorized to send for persons and papers." Objections being made, the
+motion was not received.&mdash;<i>Cong. Globe, 30 Cong. 1 Sess., 641.</i></p>
+
+<h4><span>28. Giddings's resolution on <a id="the_jail"></a>the jail in
+ the District of Columbia. [§&nbsp;<a href="#in_the_District">28.</a>]</span></h4>
+
+<p><b>1848, April 21.</b> 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.</p>
+
+<p>"<i>Resolved</i>, 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."&mdash;<i>Cong. Globe, 30th
+Cong. 1 Sess., 664.</i></p>
+
+<h4><span>29. Meade's resolution on <a id="more_eff"></a>more effectual enforcement of the
+constitutional article on fugitive slaves. [§&nbsp;<a href="#cti">27.</a>]</span></h4>
+
+
+
+<p><b>1849, Jan. 8.</b> Mr. Meade moved that the rules be suspended to enable him
+to offer the following resolution:&mdash;</p>
+
+<p>"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.&mdash;<i>House Journal, 30 Cong. 3 Sess., 213;
+Cong. Globe, 30 Cong. 2 Sess., 188.</i></p>
+
+
+<h4><span>30. Legis<a id="lative"></a>lative history
+ of the Fugitive Slave Act. [Jan. 3 to Sept. 18, §&nbsp;<a href="#Act_1850">29.</a>]</span></h4>
+
+<p><b>1850, Jan. 3.</b> Mr. Mason of Virginia gave notice of his intention to
+introduce a bill.&mdash;<i>Cong. Globe, 99.</i></p>
+
+<p><b>Jan. 4.</b> Senate bill No. 23 introduced by Mason, read twice, ordered
+printed, and referred to the Committee on the Judiciary.&mdash;<i>Senate
+Journal, 54; Globe, 103.</i></p>
+
+<p><b>Jan. 16.</b> Bill reported favorably by Butler from the committee, ordered
+printed, and made a special order for Jan. 23.&mdash;<i>Senate Journal, 88;
+Globe, 171; Senate Reports, I. No. 12.</i></p>
+
+
+<p><b> Jan. 22. </b>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.&mdash;<i>Globe</i>, 210.</p>
+
+<p><b>Jan. 23, 24.</b> Bill taken up and debated.&mdash;<i>Senate Journal</i>, 104, 110;
+<i>Globe</i>, 220, 228; <i>Globe App.</i> 79, 83.</p>
+
+<p><b>Jan. 28.</b> Seward presented an amendment, which allowed the right of trial
+by jury, and punished judges who should disallow the writ of habeas
+corpus.&mdash;<i>Senate Journal</i>, 117; <i>Globe</i>, 233-237.</p>
+
+<p><b>Jan. 29.</b> Clay introduced, as a part of his compromise resolutions, a
+declaration that a more effective fugitive slave act should be
+passed.&mdash;<i>Senate Journal</i>, 118; <i>Globe</i>, 247.</p>
+
+<p><b>Jan. 31.</b> Mason offered a substitute for the bill already before the
+Senate. It was laid on the table, and ordered to be printed.&mdash;<i>Globe</i>,
+270.</p>
+
+<p><b>June 3.</b> Webster brought in an amendatory bill.&mdash;<i>Senate Journal</i>, 370;
+<i>Globe</i>, 1111.</p>
+
+<p><b>Aug. 15.</b> The debate was again opened, and made the special order for Aug.
+19&mdash;<i>Senate Journal</i>, 560; <i>Globe</i>, 1588.</p>
+
+<p><b>Aug. 19.</b> Mason offered as an amendment a substitute for the bill already
+before the Senate.&mdash;<i>Senate Journal</i>, 564; <i>Globe</i>, 1605; <i>Globe App.</i>,
+1582.</p>
+
+<p>Dayton brought in an amendment which gave trial by jury. This was
+rejected.&mdash;<i>Senate Journal</i>, 564; <i>Globe App.</i>, 564.</p>
+
+<p>Chase offered one of the same character, which was also rejected.&mdash;<i>Globe
+App.</i>, 1589.</p>
+
+<p>Winthrop brought in an amendment granting the protection of the habeas
+corpus. This was rejected.&mdash;<i>Senate Journal</i>, 565; <i>Globe App.</i>, 1589.</p>
+
+<p><b>Aug. 20.</b> Mason's substitute was agreed to.&mdash;<i>Senate Journal</i>, 568;
+<i>Globe</i>, 1616; <i>Globe App.</i>, 1591.</p>
+
+<p>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.&mdash;<i>Senate Journal</i>, 570-573; <i>Globe</i>,
+1636; <i>Globe App.</i>, 1609.</p>
+
+<p><b>Aug. 22.</b> 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.&mdash;<i>Senate Journal</i>,
+573, 580; <i>Globe</i>, 1636; <i>Globe App.</i>, 1609, 1619.</p>
+
+<p><b>Aug. 23.</b> Amendments were offered to Underwood's amendment by Chase and
+Badger. Both were rejected.&mdash;<i>Senate Journal</i>, 575-580; <i>Globe App.</i>,
+1619, 1623, 1625.</p>
+
+<p>Another slight amendment by Chase was also rejected.&mdash;<i>Globe App.</i>, 1624.</p>
+
+<p>Mason amended his bill by making the Marshal liable for the value of a
+slave who has escaped from his custody.&mdash;<i>Senate Journal</i>, 576; <i>Globe
+App.</i>, 1625.</p>
+
+<p>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.&mdash;<i>Senate Journal</i>, 580; <i>Globe App.</i>, 1630.</p>
+
+<p>Bill as amended was then ordered to be engrossed for the third
+reading.&mdash;<i>Senate Journal</i>, 581; <i>Globe</i>, 1647; <i>Globe App.</i>, 1630.</p>
+
+<p><b>Aug. 26.</b> After changing the title to make it an act supplementary to that
+of 1793, the bill was passed, and sent to the House.&mdash;<i>Senate Journal</i>,
+583; <i>Globe</i>, 1660.</p>
+
+<p><b>Sept. 12.</b> 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.&mdash;<i>House Journal</i>, 1289, 1448.</p>
+
+<p>Stevens moved to lay it on the table, but the motion was lost, and the
+bill was ordered to a third reading.&mdash;<i>House Journal</i>, 1449.</p>
+
+<p>The bill was passed, 109 to 75.&mdash;<i>House Journal</i>, 1451-1453; <i>Globe</i>,
+1807.</p>
+
+<p>It was returned to the Senate.&mdash;<i>Senate Journal</i>, 627; <i>Globe</i>, 1810.</p>
+
+<p><b>Sept. 14.</b> The bill was signed by the presiding officer of the
+Senate.&mdash;<i>Senate Journal</i>, 629; <i>Globe</i>, 1815.</p>
+
+
+<p> Bill signed by the Speaker of the House.&mdash;<i>House Journal, 1457;
+Globe, 1812.</i></p>
+
+<p><b>Sept. 16.</b> Bill sent to the President, and signed by him Sept. 18.&mdash;<i>House
+Journal, 1472, 1497; Senate Journal, 638, 648.</i></p>
+
+
+<h3><span>Second Fugitive Slave Act.</span></h3>
+
+
+<h4><span>31. <a id="Second"></a>Second Fugitive Slave Act.
+[§§&nbsp;<a href="#Act_1850">29,</a> <a href="#Provisions_of_the_second">30.</a>]</span></h4>
+
+<p><b>1850, Sept. 18.</b> "<i>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.</i></p>
+
+<p>"<i>Be it enacted by the Senate and House of Representatives of the United
+States of America in Congress assembled</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 2.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 3.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 4.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 5.</span> <i>And be it further enacted</i>, 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
+<i>posse comitatus</i> 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.</p>
+
+<p>"<span class="smcap">Sec. 6.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 7.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 8.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 9.</span> <i>And be it further enacted</i>, 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.</p>
+
+<p>"<span class="smcap">Sec. 10.</span> <i>And be it further enacted</i>, 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:
+<i>Provided</i>, 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.</p>
+
+<p>"Approved, September 18, 1850."&mdash;<i>Statutes at Large, ix. 462-465.</i></p>
+
+<h3><span>Act of 1850. Resolutions.</span></h3>
+
+
+<h4><span>32. McLa<a id="nahan"></a>nahan's resolution against repeal of the law of 1850.</span></h4>
+
+<p><b>1851, Jan. 13.</b> Mr. McLanahan moved that the rules be suspended to enable
+him to introduce the following resolution, viz., "<i>Resolved</i>, 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.&mdash;<i>House Journal, 31 Cong. 2 Sess.,
+139; Cong. Globe, 31 Cong. 2 Sess., 226.</i></p>
+
+<h4><span>33. <a id="Clay"></a>Clay's resolution on the Shadrach case,
+ Boston. [§&nbsp;<a href="#Unpopularity">51.</a>]</span></h4>
+
+<p><b>1851, Feb. 17.</b> Mr. Clay submitted the following resolution, which lies
+over one day: "<i>Resolved</i>, 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.&mdash;<i>Senate Journal, 31 Cong. 2 Sess., 187; Cong. Globe,
+31 Cong. 2 Sess., 580.</i></p>
+
+
+<h4><span>34. Bright's bill <a id="expla"></a>explanatory of law of 1850.</span></h4>
+
+<p><b>1851, Feb. 10.</b> 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.&mdash;<i>Senate Journal, 32
+Cong. 1 Sess., 162.</i></p>
+
+<p>The bill is in the following terms: "<i>Be it enacted, etc.</i>, 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."&mdash;<i>Cong. Globe, 31 Cong. 2 Sess., 492.</i></p>
+
+<h4><span>35. <a id="Fitch"></a>Fitch's resolution affirming the Compromise.</span></h4>
+
+<p><b>1852, March 1.</b> Mr. Fitch offered the following resolution: "<i>Resolved</i>,
+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."&mdash;<i>House Journal, 32 Cong. 1 Sess., 408; Cong.
+Globe, 32 Cong. 1 Sess., 659.</i></p>
+
+<h4><span>36. Jackson's resolution <a id="affirming_the_Compromise"></a>affirming
+ the Compromise.</span></h4>
+
+<p><b>1852, March 22.</b> "<i>Resolved</i>, 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,&mdash;the provision for the delivery of fugitive slaves, and the act
+of the last Congress for that purpose included,&mdash;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.&mdash;<i>House Journal, 32 Cong. 1 Sess., 550;
+Cong. Globe, 32 Cong. 1 Sess., 825.</i></p>
+
+<h4><span>37. <a id="Hillyer"></a>Hillyer's finality resolution.</span></h4>
+
+<p><b>1852, April 5.</b> 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.&mdash;<i>House Journal, 32 Cong. 1 Sess., 548; Cong. Globe, 32
+Cong. 1 Sess., 979.</i></p>
+
+<h4><span>38. <a id="Chase"></a>Chase's resolution of inquiry into payments under act of 1850.</span></h4>
+
+<p><b>1852, June 3.</b> 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.&mdash;<i>Senate Journal,
+32 Cong. 1 Sess., 450; Cong. Globe, 32 Cong. 1 Sess., 1519.</i></p>
+
+
+
+
+<h2><span><a id="APPENDIX_C"></a>APPENDIX C.</span>
+
+<span><i>NATIONAL ACTS AND PROPOSITIONS RELATING TO FUGITIVE SLAVES. 1860-1864.</i></span></h2>
+
+
+<p>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.</p>
+
+<p>The single star (*) indicates a measure which passed one House: a double
+star (**) a measure which passed both Houses.</p>
+
+<h4><span>1. President Bu<a id="chanan"></a>chanan's message.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 4.</b> Paragraph on the return of fugitive slaves: <i>Senate
+Journal, 36 Cong. 2 Sess., 18.</i></p>
+
+<h4><span>2. <a id="Cochra"></a>Cochrane's Joint Resolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> To amend the Constitution, for the return of fugitives:
+<i>House Journal, 36 Cong. 2 Sess., 61; Cong. Globe, 77.</i></p>
+
+<h4><span>3. Morris's R<a id="esoluti"></a>esolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> To amend the Fugitive Slave Law: <i>House Journal, 36 Cong.
+2 Sess. 63; Cong. Globe, 77.</i></p>
+
+<h4><span>4. <a id="Leake"></a>Leake's Joint Resolution.
+[§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> Amendment to the Constitution: <i>House Journal, 36 Cong. 2
+Sess., 65; Cong. Globe, 77.</i></p>
+
+<h4><span>5. <a id="Cox"></a>Cox's Resolution. [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> To amend the Fugitive Slave Law: <i>Senate Journal, 36 Cong.
+2 Sess., 66; Cong. Globe, 77.</i></p>
+
+<h4><span>6. <a id="Steve"></a>Stevenson's Resolution. [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> To amend the Fugitive Slave Law: <i>House Journal, 36 Cong.
+2 Sess., 67; Cong. Globe, 77.</i></p>
+
+<h4><span>7. <a id="Nibl"></a>Niblack's Resolution. [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> To amend the Fugitive Slave Law: <i>House Journal, 36 Cong.
+2 Sess., 69; Cong. Globe, 77.</i></p>
+
+<h4><span>8. <a id="Engl"></a>English's Joint Resolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> Amendment to the Constitution on the return of fugitives:
+<i>House Journal, 36 Cong. 2 Sess., 68; Cong. Globe, 78.</i></p>
+
+<h4><span>9. <a id="McClernand"></a>McClernand's Joint Resolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> Amendment to the Constitution, on fugitive slaves: <i>House
+Journal, 36 Cong. 2 Sess., 68; Cong. Globe, 78.</i></p>
+
+<h4><span>10. H<a id="indman"></a>indman's Joint Resolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> Amendment to the Constitution for the enforcement of the Fugitive
+Slave Law: <i>House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 79.</i></p>
+
+
+<h4><span>11. K<a id="ilgore"></a>ilgore's Resolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 12.</b> To amend the Fugitive Slave Law: <i>House Journal, 36 Cong.
+2 Sess., 70; Cong.Globe, 78.</i></p>
+
+<h4><span>12. J<a id="ohnson"></a>ohnson's Joint Resolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 13.</b> Amendment to the Constitution for the return of fugitive
+slaves: <i>Senate Journal, 36 Cong. 2 Sess., 41; Cong. Globe, 83.</i></p>
+
+<h4><span>13. <a id="Crittende"></a>Crittenden's Joint Resolution. [§&nbsp;86.]</span></h4>
+
+<p><b>1860, Dec. 18.</b> Amendment to the Constitution for payment for fugitive
+slaves: <i>Cong. Globe, 36 Cong. 2 Sess., 114.</i></p>
+
+<h4><span>14. <a id="Doug"></a>Douglas's Joint Resolution.
+ [§&nbsp;<a href="#Propositions_to_enforce">86.</a>]</span></h4>
+
+<p><b>1860, Dec. 24.</b> Amendment to the Constitution for payment for fugitive
+slaves: <i>Senate Journal, 36 Cong. 2 Sess., 61; Cong. Globe, 183.</i></p>
+
+<h4><span>15. <a id="Floren"></a>Florence's Joint Resolution.</span></h4>
+
+<p><b>1861, Jan. 15.</b> Amendment to the Constitution for payment for fugitive
+slaves: <i>Cong. Globe, 36 Cong.2 Sess., 378.</i></p>
+
+<h4><span>16. <a id="Morris"></a>Morris's Joint Resolution.</span></h4>
+
+<p><b>1861, Jan. 23.</b> Amendment to the Constitution on the return of fugitive
+slaves: Cong. Globe, 36 Cong. 2 Sess., 527.</p>
+
+<h4><span>17. <a id="Douglas"></a>Douglas's Bill to amend the Fugitive Slave Laws.
+ [§&nbsp;<a href="#Early_propositions_to">101.</a>]</span></h4>
+
+<p><b>1861, Jan. 28.</b> Introduced: <i>Cong. Globe, 36 Cong. 2 Sess., 586.</i></p>
+
+<h4><span>18. <a id="Florence"></a>Florence's Joint Resolution.</span></h4>
+
+<p><b>1861, Jan. 28.</b> Amendment to the Constitution against the obstruction of
+the Fugitive Slave Law by States: <i>Cong. Globe, 36 Cong. 2 Sess., 598.</i></p>
+
+<h4><span>19. <a id="Kell"></a>Kellogg's Joint Resolution.</span></h4>
+
+<p><b>1861, Feb. 1.</b> Amendment to the Constitution on the power of Congress over
+fugitive slaves: <i>Cong. Globe, 36 Cong. 2 Sess., 690.</i></p>
+
+<h4><span>20. <a id="Kello"></a>Kellogg's Joint Resolution.</span></h4>
+
+<p><b>1861, Feb. 26.</b> Same as above: <i>Cong. Globe, 36 Cong. 2 Sess, 1243.</i></p>
+
+<h4><span>21. <a id="Kellogg"></a>Kellogg's Joint Resolution.</span></h4>
+
+<p><b>1861, Feb. 27.</b> Similar to above: <i>House Journal, 36 Cong. 2 Sess., 410;
+Cong. Globe, 1259.</i></p>
+
+<h4><span>22. <a id="Peace_Convention"></a>Peace Convention Amendment
+ to the Constitution. [§&nbsp;<a href="#crisis_of_1860">85.</a>]</span></h4>
+
+<p><b>1861, Feb. 27.</b> Reported by select committee: <i>Senate Journal, 36 Cong. 2
+Sess., 332, 637, Cong. Globe, 1254.</i></p>
+
+<h4><span>23. <a id="Clarence"></a>Clarence's Joint Resolution.</span></h4>
+
+<p><b>1861, Feb. 27.</b> Amendment to the Constitution for payment for fugitive
+slaves: <i>Cong. Globe, 36 Cong.2 Sess., 1260.</i></p>
+
+<h4><span>24. <a id="Crittenden"></a>Crittenden's Joint Resolution.</span></h4>
+
+<p><b>1861, Feb. 28.</b> Amendment to the Constitution on the power of the States
+over fugitive slaves, etc.: <i>Cong. Globe, 36 Cong. 2 Sess., 1270.</i></p>
+
+<h4><span>* 25. C<a id="ompromis"></a>ompromise
+ Bill to amend the Fugitive Slave Act. [§&nbsp;<a href="#repeal_or_amend">87.</a>]</span></h4>
+
+<p><b>1861, Mar. 1.</b> Bill reported by the select committee of thirty-three for
+the amendment of the act for the rendition of fugitives from labor:
+<i>Cong. Globe, 36 Cong. 2 Sess., 1327.</i>&mdash;&mdash;<b>Mar.&nbsp;1.</b> Vallandigham's
+amendment to the above: <i>Cong. Globe, 36 Cong. 2 Sess., 1328.</i>&mdash;&mdash;<b>Mar.&nbsp;1.</b>
+Bill passed the House: <i>Cong. Globe, 36 Cong. 2 Sess., 1327,
+1328.</i>&mdash;&mdash;<b>Mar.&nbsp;2.</b> Bill read in the Senate. <i>Cong. Globe, 36, Cong. 2
+Sess., 1350.</i></p>
+
+<h4><span>26. <a id="Pugh"></a>Pugh's Joint Resolution.</span></h4>
+
+<p><b>1861, Mar. 2.</b> Amendment to the Constitution on the return of fugitive
+slaves: <i>Senate Journal, 36 Cong. 2 Sess., 378; Cong. Globe, 1368.</i></p>
+
+<h4><span>27. <a id="Johnson"></a>Johnson's Joint Resolution on the return of fugitives.</span></h4>
+
+<p><b>1861, Mar. 2.</b> Amendment to the Constitution: <i>Senate Journal, 36 Cong. 2
+Sess., 382; Cong. Globe, 1401.</i></p>
+
+
+<h4><span>28. <a id="Powell"></a>Powell's Joint Resolution on the return of fugitive slaves.</span></h4>
+
+<p><b>1861, Mar. 2.</b> Amendment to the Constitution: <i>Senate Journal, 36 Cong. 2
+Sess., 384, Cong. Globe, 1404.</i></p>
+
+<h4><span>29. Lovejoy's<a id="by_the_Army"></a> Resolution against the return of fugitives by
+ the Army. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, July 9.</b> Introduced: <i>House Journal, 37 Cong. 1 Sess., 653; Cong.
+Globe, 32.</i></p>
+
+<h4><span>30. Trumbull's confis<a id="cation_B"></a>cation Bill.
+[§&nbsp;<a href="#Confiscation_bills">90.</a>]</span></h4>
+
+<p><b>1861, July 15.</b> Introduced: <i>Senate Journal, 37 Cong. 1 Sess., 42; Cong.
+Globe, 120.</i></p>
+
+<h4><span>** 31. <a id="Chan"></a>Chandler's confiscation Act. [§&nbsp;<a href="#Confiscation_bills">90.</a>]</span></h4>
+
+<p><b>1861, July 15.</b> Introduced: <i>Senate Journal, 37 Cong. 1 Sess., 44; Cong.
+Globe, 120.</i>&mdash;&mdash;<b>July&nbsp;22.</b> Trumbull's amendment: <i>Senate Journal, 37 Cong.
+1 Sess., 70; Cong. Globe, 218.</i>&mdash;&mdash;<b>July&nbsp;22.</b> Passed the Senate (yeas and
+nays not given): <i>Senate Journal, 37 Cong. 1 Sess., 71; Cong. Globe,
+219.</i>&mdash;&mdash;<b>July&nbsp;23.</b> Senate bill introduced into the House and referred:
+<i>House Journal, 37 Cong. 1 Sess., 136; Cong. Globe, 231.</i>&mdash;&mdash;<b>Aug.&nbsp;2.</b>
+Reported with amendment in the House: <i>House Journal, 37 Cong. 1 Sess.,
+197; Cong. Globe, 409.</i>&mdash;&mdash;<b>Aug.&nbsp;3.</b> Committee amendments: <i>House Journal,
+37 Cong. 1 Sess., 232; Cong. Globe, 431.</i>&mdash;&mdash;<b>Aug.&nbsp;3.</b> Passed the House
+(yeas 60, nays 48): <i>House Journal, 37 Cong.1 Sess., 235; Cong. Globe,
+431.</i>&mdash;&mdash;<b>Aug.&nbsp;5.</b> Passed the Senate as amended in the House: <i>Senate
+Journal, 37 Cong. 1 Sess., 178; Cong. Globe, 434.</i>&mdash;&mdash;<b>Aug.&nbsp;6.</b> Bill signed
+by the President: <i>Senate Journal, 37 Cong. 1 Sess., 195; Cong. Globe,
+454.</i></p>
+
+<h4><span>32. Wilson's <a id="Joint_R"></a>Joint Resolution for discharge of fugitives from the
+Washington jail. [§&nbsp;<a href="#jails_in_the_District">97.</a>]</span></h4>
+
+<p><b>1861, Dec. 4.</b> Introduced and referred: <i>Senate Journal, 37 Cong, 2 Sess.,
+24; Cong. Globe, 12.</i></p>
+
+<h4><span>* 33. Wilson's Resolution on repeal of the bla<a id="ck_cod"></a>ck code in the District of
+Columbia. [§&nbsp;<a href="#jails_in_the_District">97.</a>]</span></h4>
+
+<p><b>1861, Dec. 4.</b> Introduced and agreed to: <i>Senate Journal, 37 Cong. 2
+Sess., 22; Cong. Globe, 12.</i></p>
+
+<h4><span>* 34. Clark's Resolution on persons in Washington jail.</span></h4>
+
+<p><b>1861, Dec. 4.</b> Introduced and agreed to: <i>Senate Journal, 37 Cong.2 Sess.,
+22; Cong. Globe, 12.</i></p>
+
+<h4><span>35. L<a id="ovejo"></a>ovejoy's Bill to prevent
+return by the Army. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, Dec. 4.</b> Introduced: <i>House Journal, 37 Cong. 2 Sess., 16, Cong.
+Globe, 34.</i></p>
+
+<h4><span>* 36. Sumner's Resolution <a id="on_Army"></a>on Army orders relating to fugitive slaves.</span></h4>
+
+<p><b>1861, Dec. 4.</b> Introduced and agreed to: <i>Senate Journal, 37 Cong. 2
+Sess., 19; Cong. Globe, 9.</i></p>
+
+<h4><span>37. Trumbull's C<a id="onfisc"></a>onfiscation Bill.</span></h4>
+
+<p><b>1861, Dec. 5.</b> Introduced and read twice: <i>Senate Journal, 37 Cong. 2
+Sess., 27; Cong. Globe, 10.</i></p>
+
+<h4><span>* 38. F<a id="essende"></a>essenden's Resolution on
+the Washington jail. [§&nbsp;<a href="#jails_in_the_District">97.</a>]</span></h4>
+
+<p><b>1861, Dec. 9.</b> Introduced: <i>House Journal, 37 Cong.2 Sess., 54; Cong.
+Globe, 36.</i>&mdash;&mdash;<b>Dec.&nbsp;9.</b> Aldrich's amendment: <i>Cong. Globe, 37 Cong. 2
+Sess., 36.</i>&mdash;&mdash;<b>Dec.&nbsp;9.</b> Lovejoy's amendment: <i>Cong. Globe, 37 Cong. 2
+Sess., 36.</i>&mdash;&mdash;<b>Dec.&nbsp;9.</b> Passed as amended: <i>Cong. Globe, 37 Cong., 2
+Sess., 36.</i></p>
+
+<h4><span>39. B<a id="ingha"></a>ingham's Resolution on the Washington
+ jail. [§&nbsp;<a href="#jails_in_the_District">97.</a>]</span></h4>
+
+<p><b>1861, Dec. 9.</b> Introduced and referred: <i>House Journal, 37 Cong. 2 Sess.,
+52; Cong. Globe, 35.</i></p>
+
+<h4><span>40. M<a id="orril"></a>orrill's confiscation Joint
+ Resolution. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1861, Dec. 11.</b> Introduced and referred: <i>Senate Journal, 37 Cong. 2
+Sess., 36; Cong. Globe, 49.</i></p>
+
+
+<h4><span>* 41. H<a id="ale"></a>ale's Resolution on
+ the slaves of rebels. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, Dec. 16.</b> Introduced and agreed to: <i>Senate Journal, 37 Cong. 2
+Sess., 45; Cong. Globe, 88.</i></p>
+
+<h4><span>42. Wilson's Bill for eman<a id="cipat"></a>cipation
+ in the District of Columbia. [§&nbsp;<a href="#civil_officers">98.</a>]</span></h4>
+
+<p><b>1861, Dec. 16.</b> Introduced and read twice: <i>Senate Journal, 37 Cong. 2
+Sess., 47; Cong. Globe, 89.</i>&mdash;&mdash;<b>Dec.&nbsp;19.</b> Referred: <i>Cong. Globe, 37 Cong.
+2 Sess., 153.</i> [See <a href="#Wils">No. 54.</a>].</p>
+
+<h4><span>* 43. Sumner's Resolution <a id="against"></a>against the surrender of fugitives by the Army.
+[§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, Dec. 18.</b> Introduced and agreed to: <i>Senate Journal, 37 Cong. 2
+Sess., 130; Cong. Globe, 130.</i></p>
+
+<h4><span>44. <a id="Love"></a>Lovejoy's confiscation and emancipation Resolution.
+ [§§&nbsp;<a href="#provisions_extended">91,</a> <a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, Dec. 20.</b> Introduced and laid on the table: <i>Senate Journal, 37
+Cong. 2 Sess., 106; Cong. Globe, 158.</i></p>
+
+<h4><span>* 45. <a id="Julian"></a>Julian's Resolution to amend the Fugitive
+Slave Law. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, Dec. 20.</b> Introduced and adopted: <i>House Journal, 37 Cong. 2 Sess.,
+103; Cong. Globe, 158.</i></p>
+
+<h4><span>46. <a id="Shank"></a>Shank's Resolution on the return
+of fugitives by the Army. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, Dec. 20.</b> Introduced and referred: <i>House Journal, 37 Cong. 2 Sess.,
+102, 124; Cong.Globe, 158, 172.</i></p>
+
+<h4><span>* 47. Wilson's Res<a id="olu"></a>olution for articles of war.
+ [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1861, Dec. 20.</b> Introduced: <i>House Journal, 37 Cong. 2 Sess., 103; Cong.
+Globe, 158.</i>&mdash;&mdash;<b>Dec.&nbsp;23.</b> Adopted: <i>Senate Journal, 37 Cong. 2 Sess., 109,
+114; Cong. Globe, 159, 168.</i></p>
+
+<h4><span>48. W<a id="ilso"></a>ilson's Bill on the arrest of fugitives by the officers of the Army
+and Navy. [§&nbsp;95.]</span></h4>
+
+<p><b>1861, Dec. 23.</b> Introduced: <i>Senate Journal, 37 Cong. 2 Sess., 167; Cong.
+Globe, 161, 209.</i>&mdash;&mdash;<b>1862,&nbsp;Jan.&nbsp;7.</b> Committee Amendments: <i>Senate Journal,
+37 Cong. 2 Sess., 88; Cong. Globe, 207.</i> [See <a href="#endme">No. 53.</a>]</p>
+
+<h4><span>49. <a id="Howe"></a>Howe's Bill for repeal
+of the Fugitive Slave Act of 1850. [§&nbsp;<a href="#Early_propositions_to">101.</a>]</span></h4>
+
+<p><b>1861, Dec. 26.</b> Introduced: <i>Senate Journal, 37 Cong. 2 Sess., 74; Cong.
+Globe, 177.</i></p>
+
+<h4><span>50. <a id="Davis"></a>Davis's confiscation Bill.</span></h4>
+
+<p><b>1861, Dec. 30.</b> Introduced and referred: <i>Senate Journal, 37 Cong. 2
+Sess., 75; Cong. Globe, 178.</i></p>
+
+<h4><span>** 51. <a id="Grimes"></a>Grimes's Act
+on criminal justice in the District of Columbia [§&nbsp;<a href="#jails_in_the_District">97.</a>]</span></h4>
+
+<p><b>1861, Dec. 30.</b> Introduced: <i>Senate Journal, 37 Cong. 2 Sess., 75; Cong.
+Globe, 182.</i>&mdash;&mdash;<b>1862,&nbsp;Jan.&nbsp;6.</b> Reported: <i>Cong. Globe, 37 Cong. 2 Sess.,
+199.</i>&mdash;&mdash;<b>Jan.&nbsp;10.</b> Committee amendments: <i>Senate Journal, 37 Cong. 2
+Sess., 98; Cong. Globe, 264.</i>&mdash;&mdash;<b>Jan.&nbsp;10.</b> Powell's amendment: <i>Senate
+Journal, 37 Cong. 2 Sess., 98, 109; Cong. Globe, 264, 319.</i>&mdash;&mdash;<b>Jan.&nbsp;14.</b>
+Pearce's two amendments: <i>Senate Journal. 37 Cong. 2 Sess., 109; Cong.
+Globe, 319.</i>&mdash;&mdash;<b>Jan.&nbsp;14.</b> Ten Eyck's amendment: <i>Senate Journal, 37 Cong.
+2 Sess., 109, Cong. Globe, 320.</i>&mdash;&mdash;<b>Jan.&nbsp;14.</b> Harlan's amendment: <i>Cong.
+Globe, 37 Cong. 2 Sess., 320.</i>&mdash;&mdash;<b>Jan.&nbsp;14.</b> Clark's amendment: <i>Cong.
+Globe, 37 Cong. 2 Sess., 320.</i>&mdash;&mdash;<b>Jan.&nbsp;14.</b> Saulsbury's amendment: <i>Senate
+Journal, 37 Cong. 2 Sess., 109; Cong. Globe, 320.</i>&mdash;&mdash;<b>Jan.&nbsp;14.</b> Clark's
+amendment: <i>Cong. Globe, 37 Cong. 2 Sess., 321.</i>&mdash;&mdash;<b>Jan.&nbsp;14.</b> Passed the
+Senate (yeas 31, nays 4): <i>Senate Journal, 37 Cong. 2 Sess., 109; Cong.
+Globe, 321.</i></p>
+
+<h4><span>52. Tr<a id="umbu"></a>umbull's Bill for the confiscation
+ of property of rebels and to free the slaves of rebels. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, Jan. 15.</b> Reported from the Senate Committee on Judiciary: <i>Senate
+Journal, 37 Cong. 2 Sess., 113; Cong. Globe, 334.</i> [See <a href="#endments">No. 57.</a>] </p>
+
+
+<h4><span>53. Am<a id="endme"></a>endments
+ to Wilson's Bill on Army and Navy
+officers. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1862, Jan.16.</b> [See <a href="#ilso">No. 48.</a>] Collamer's amendment: <i>Senate Journal, 37
+Cong. 2 Sess., 116; Cong. Globe, 358.</i>&mdash;&mdash;<b>Jan.&nbsp;16.</b> Saulsbury's amendment:
+<i>Senate Journal, 37 Cong. 2 Sess., 116; Cong. Globe, 358.</i>&mdash;&mdash;<b>Jan.&nbsp;16.</b>
+Rice's amendment to Saulsbury's amendment: <i>Cong. Globe, 37 Cong. 2
+Sess., 359.</i></p>
+
+<h4><span>54. <a id="Wils"></a>Wilson's District of Columbia Bill. [§&nbsp;<a href="#bia">98.</a>]</span></h4>
+
+<p><b>1862, Feb.12.</b> [See <a href="#ale">No. 41.</a>] Reported: <i>Cong. Globe, 37 Cong. 2 Sess.,
+785.</i></p>
+
+<h4><span>* 55. Wilson's Resolution on the <a id="manage"></a>management of the Washington jail.</span></h4>
+
+<p><b>1862, Feb. 18.</b> Introduced and agreed to: <i>Senate Journal, 37 Cong. 2
+Sess., 217; Cong. Globe, 861.</i></p>
+
+<h4><span>56. Wilson's Bill to repe<a id="al_the_bl"></a>al the black code in the District of Columbia.
+[§&nbsp;<a href="#bia">98.</a>]</span></h4>
+
+<p><b>1862, Feb. 24.</b> Introduced and referred: <i>Senate Journal, 37 Cong. 2
+Sess., 263; Cong. Globe, 917.</i></p>
+
+<h4><span>57. Am<a id="endments"></a>endments to the confiscation Bill.
+ [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, Feb. 25.</b> [See <a href="#umbu">No. 52.</a>] Trumbull's amendment:<i> Senate Journal, 37
+Cong. 2 Sess., 239; Cong. Globe, 942.</i>&mdash;&mdash;<b>Feb.&nbsp;25.</b> Sumner's amendment:
+<i>Senate Journal, 37 Cong. 2 Sess., 239; Cong. Globe, 946.</i>&mdash;&mdash;<b>Feb.&nbsp;27.</b>
+Davis's substitute:<i> Cong. Globe, 37 Cong. 2 Sess., 986.</i> [See <a href="#isca">No. 59.</a>]</p>
+
+<h4><span>** 58. <a id="Blair"></a>Blair's
+Act prohibiting return by the Army. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1862, Feb. 25.</b> Introduced: <i>Senate Journal, 37 Cong. 2 Sess., 358; Cong.
+Globe, 955.</i>&mdash;&mdash;<b>Feb.&nbsp;25.</b> Bingham's amendment: <i>House Journal, 37 Cong. 2
+Sess., 358; Cong. Globe, 955.</i>&mdash;&mdash;<b>Feb.&nbsp;25.</b> Passed the House (yeas 95,
+nays 51): <i>House Journal, 37 Cong. 2 Sess., 265; Cong. Globe,
+958.</i>&mdash;&mdash;<b>Mar.&nbsp;10.</b> In the Senate; Davis's amendment. <i>Senate Journal, 37
+Cong, 2 Sess., 285; Cong. Globe, 1142.</i>&mdash;&mdash;<b>Mar.&nbsp;10.</b> Saulsbury's
+amendment: <i>Senate Journal, 37 Cong. 2 Sess., 284; Cong. Globe,
+1142.</i>&mdash;&mdash;<b>Mar.&nbsp;10.</b> MacDougall's amendment: <i>Senate Journal, 37 Cong. 2
+Sess., 284; Cong. Globe, 1142.</i>&mdash;&mdash;<b>Mar.&nbsp;10.</b> Saulsbury's amendment:
+<i>Senate Journal, 37 Cong. 2 Sess., 284; Cong. Globe 37 Cong. 2 Sess.,
+1142.</i>&mdash;&mdash;<b>Mar.&nbsp;10.</b> Passed the Senate (yeas 29, nays 9). <i>Senate Journal,
+37 Cong. 2 Sess., 285; Cong. Globe, 1142.</i>&mdash;&mdash;<b>Mar.&nbsp;14.</b> Approved by the
+President: <i>Cong. Globe, 37 Cong. 2 Sess., 1243.</i></p>
+
+<h4><span>59. <a id="Harri"></a>Harris's conf<a id="isca"></a>iscation Bill.
+ [§&nbsp;<a href="#provisions_extended">91</a>]</span></h4>
+
+<p><b>1862, Mar. 14.</b> Introduced and referred: <i>Senate Journal, 37 Cong. 2
+Sess., 304; Cong. Globe, 1228.</i> [See <a href="#herma">No. 63.</a>]</p>
+
+<h4><span>60. Report of
+ House <a id="Judiciary_Committee"></a>Judiciary Committee on confiscation.</span></h4>
+
+<p><b>1862, Mar. 30</b> Adverse to all bills referred by the House: <i>Cong. Globe,
+37 Cong. 2 Sess., 1303.</i> [See <a href="#amend">No. 64.</a>]</p>
+
+<h4><span>61. Wilson's <a id="Resolu"></a>Resolution on the return of fugitives by the Army and Navy.</span></h4>
+
+<p><b>1862, Apr. 3.</b> Introduced: <i>Senate Journal, 37 Cong. 2 Sess., 361, Cong.
+Globe, 1546.</i> [See <a href="#auls">No. 70.</a>]</p>
+
+<h4><span>* 62. B<a id="ill"></a>ill for the abolition of slavery in the District of Columbia.
+ [§&nbsp;<a href="#bia">98.</a>]</span></h4>
+
+<p><b>1862, Apr. 3.</b> Passed the Senate: <i>Cong.Globe, 37 Cong. 2 Sess., 1648.</i>
+[See <a href="#abolitio">No. 65.</a>]</p>
+
+<h4><span>63. S<a id="herma"></a>herman's Amendment to Harris's confiscation Bill.</span></h4>
+
+<p><b>1862, Apr. 10.</b> [See <a href="#isca">No. 59.</a>] Introduced: <i>Cong. Globe, 37 Cong. 2 Sess.,
+1652.</i> [See <a href="#cat">No. 67.</a>]</p>
+
+<h4><span>64. Wilson's Bill to <a id="amend"></a>amend the Fugitive Slave Act.
+ [§&nbsp;<a href="#Early_propositions_to">101.</a>]</span></h4>
+
+<p><b>1862, Apr. 11</b> Introduced: <i>Senate Journal, 37 Cong.2 Sess., 385, Cong.
+Globe, 1624.</i>&mdash;&mdash;<b>Apr.&nbsp;14.</b> Harris's amendment: <i>Cong. Globe, 37 Cong. 2
+Sess, 1652.</i>&mdash;&mdash;<b>Apr.&nbsp;14.</b> Grimes's amendment: <i>Senate Journal, 37 Cong. 2
+Sess, 393, 439; Cong. Globe, 1692.</i></p>
+
+
+<h4><span>*65. Bill for the <a id="abolitio"></a>abolition of slavery in the District
+ of Columbia. [§&nbsp;<a href="#bia">98.</a>]</span></h4>
+
+<p><b>1862, Apr. 16.</b> [See <a href="#ill">No. 62.</a>] Passed the House: <i>Cong. Globe, 37 Cong. 2
+Sess., 1686.</i> Approved by the President.</p>
+
+<h4><span>66. Lov<a id="ejoy"></a>ejoy's Bill on return of fugitives by
+ the Army. [§&nbsp;<a href="#discussed_in_Congress">95.</a>]</span></h4>
+
+<p><b>1862, Apr. 16.</b> Reported adversely from the Committee on Judiciary in the
+House: <i>Cong. Globe, 37 Cong. 2 Sess., 1682.</i></p>
+
+<h4><span>67. Harris's confis<a id="cat"></a>cation Bill. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, Apr. 16.</b> [See <a href="#herma">No. 63.</a>] Reported from the Senate Committee on
+Judiciary: <i>Senate Journal, 37 Cong. 2 Sess., 400; Cong. Globe, 37 Cong.
+2 Sess., 1678.</i>&mdash;&mdash;<b>Apr.&nbsp;22.</b> Walton's amendment: <i>Cong. Globe, 37 Cong. 2
+Sess., 1771.</i>&mdash;&mdash;<b>Apr.&nbsp;22.</b> Porter's amendment: <i>Senate Journal, 37 Cong. 2
+Sess., 703; Cong. Globe, 1767, 1772.</i>&mdash;&mdash;<b>Apr.&nbsp;22.</b> Bingham's amendment:
+<i>Cong. Globe, 37 Cong. 2 Sess., 1767.</i>&mdash;&mdash;<b>Apr.&nbsp;22.</b> Collamer's amendment:
+<i>Cong. Globe, 37 Cong. 2 Sess., 1782, 1895.</i>&mdash;&mdash;<b>Apr.&nbsp;24.</b> Motion to
+recommit: <i>Senate Journal, 37 Cong. 2 Sess., 434; Cong. Globe, 1856,
+1886.</i> [See <a href="#arri">No. 71.</a>]</p>
+
+<h4><span>68. <a id="House_con"></a>House confiscation Bill. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, Apr. 23.</b> A Select Committee raised in the House: <i>House Journal, 37
+Cong. 2 Sess., 602; Cong. Globe, 1788, 1820.</i></p>
+
+<h4><span>69. E<a id="lio"></a>liot's confiscation and emancipation Bill.
+ [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, Apr. 30.</b> Introduced: <i>House Journal, 37 Cong. 2 Sess., 625; Cong.
+Globe, 1886.</i> [See <a href="#fisca">No. 73.</a>]</p>
+
+<h4><span>70. S<a id="auls"></a>aulsbury's amendment of Wilson's Resolution.</span></h4>
+
+<p><b>1862, May 1.</b> [See <a href="#Resolu">No. 61.</a>] Introduced: <i>Senate Journal, 37 Cong. 2 Sess.,
+439; Cong. Globe, 1894.</i></p>
+
+<h4><span>71. H<a id="arri"></a>arris's confiscation Bill
+recommitted. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, May 6.</b> [See <a href="#cat">No. 67.</a>] Wilson's amendment of Collamer's amendment:
+<i>Senate Journal, 37 Cong. 2 Sess., 450; Cong. Globe, 1954.</i>&mdash;&mdash;<b>May&nbsp;6.</b>
+Final vote: <i>Senate Journal, 37 Cong. 2 Sess., 450; Cong.Globe, 1954,
+1965.</i></p>
+
+<h4><span>72. <a id="Clark"></a>Clark's confiscation Bill. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, May 14.</b> Reported: <i>Senate Journal, 37 Cong. 2 Sess., 476; Cong.
+Globe, 2112.</i>&mdash;&mdash;<b>May&nbsp;14.</b> Discussed but not acted upon: C<i>ong. Globe, 37
+Cong. 2 Sess., 2163, 2188, 2219, 2842.</i></p>
+
+<h4><span>73. Con<a id="fisca"></a>fiscation and emancipation
+ Bill. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, May 14.</b> [See <a href="#lio">No. 69.</a>] Reported in the House: <i>House Journal, 37
+Cong. 2 Sess., 683; Cong. Globe, 2128.</i> [See <a href="#cipa">No. 75.</a>]</p>
+
+<h4><span>74. <a id="Sumner"></a>Sumner's Resolution on fugitive slaves.</span></h4>
+
+<p><b>1862, May 22.</b> Introduced: <i>Senate Journal, 37 Cong. 2 Sess., 520; Cong.
+Globe, 2275.</i>&mdash;&mdash;<b>May&nbsp;23.</b> Grimes's amendment: <i>Senate Journal, 37 Cong. 2
+Sess., 523; Cong. Globe, 2306.</i>&mdash;&mdash;<b>May&nbsp;26.</b> Walton's emancipation bill
+amendment: <i>Cong. Globe, 37 Cong. 2 Sess., 2362, 2363.</i></p>
+
+<h4><span>75. Eman<a id="cipa"></a>cipation Bill.</span></h4>
+
+<p><b>1862, June 4.</b> [See <a href="#fisca">No. 73.</a>] Recommitted: <i>House Journal, 37 Cong. 2
+Sess., 799; Cong. Globe, 2561.</i> [See <a href="#lia">No. 76.</a>]</p>
+
+<h4><span>76. Ju<a id="lia"></a>lian's Bill to repeal the Fugitive
+ Slave Act. [§&nbsp;<a href="#Early_propositions_to">101.</a>]</span></h4>
+
+<p><b>1862, June 9.</b> Introduced with a resolution: <i>House Journal, 37 Cong. 2
+Sess., 826; Cong. Globe, 2623.</i></p>
+
+<h4><span>77. <a id="Colfax"></a>Colfax's Resolution demanding trial by jury for fugitives.</span></h4>
+
+<p><b>1862, June 9.</b> Introduced: <i>House Journal, 37 Cong. 2 Sess., 828; Cong.
+Globe, 2624.</i></p>
+
+<h4><span>*78. Bill<a id="disloyal"></a> for emancipation of fugitives from disloyal masters. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1862, June 17.</b> [See <a href="#cipa">No. 75.</a>] Reported in the House: <i>House Journal, 37
+Cong. 2 Sess., 874; Cong. Globe, 2764.</i>&mdash;&mdash;<b>June&nbsp;18.</b> Eliot's substitute:
+<i>House Journal, 37 Cong. 2 Sess., 282; Cong. Globe, 2793.</i>&mdash;&mdash;<b>June&nbsp;18.</b>
+Emancipation bill passed the House
+(yeas 82, nays 54): <i>Cong.
+Globe, 37 Cong. 2 Sess., 2793.</i>&mdash;&mdash;<b>June&nbsp;23.</b> Clark's Senate amendment to
+Eliot's substitute: <i>Cong. Globe, 37 Cong. 2 Sess., 2879, 2996.</i>&mdash;&mdash;<b>June&nbsp;28.</b>
+ Trumbull's Amendment: <i>Cong. Globe, 37 Cong. 2 Sess., 2999, 3006.</i></p>
+
+<h4><span>** 79. <a id="Progress"></a>Progress of the confiscation
+ Bill. [§&nbsp;91.]</span></h4>
+
+<p><b>1862, June 28.</b> Passed the Senate (yeas 28, nays 13): <i>Senate Journal, 37
+Cong. 2 Sess., 726.</i>&mdash;&mdash;<b>July&nbsp;11.</b> Report of Conference Committee adopted
+by the House: <i>House Journal, 37 Cong. 2 Sess., 1045; Cong. Globe,
+3267.</i>&mdash;&mdash;<b>July&nbsp;12.</b> Report of Conference Committee adopted by the Senate:
+<i>Senate Journal, 37 Cong. 2 Sess., 814; Cong. Globe, 3275.</i>&mdash;&mdash;<b>July&nbsp;17.</b>
+Approved by the President: <i>Cong. Globe, 37 Cong. 2 Sess., 3403.</i></p>
+
+<h4><span>80. Bills for the <a id="repeal"></a>repeal of the Fugitive Slave
+Act. [§§&nbsp;<a href="#Early_propositions_to">101</a>-<a href="#in_the_Senate">103.</a>]</span></h4>
+
+<p><b>1863, Feb. 8.</b> Ten Eyck's report on Wilson's repeal bill: <i>Cong. Globe, 37
+Cong. 3 Sess.</i>&mdash;&mdash;<b>Dec.&nbsp;14.</b> Stevens's repeal bill: <i>House Journal, 38
+Cong. 1 Sess., 43; Cong. Globe, 19.</i>&mdash;&mdash;<b>Dec.&nbsp;14.</b> Julian's repeal bill:
+<i>House Journal, 38 Cong. 1 Sess., 43; Cong. Globe, 20.</i>&mdash;&mdash;<b>Dec.&nbsp;14.</b>
+Ashley's repeal bill: <i>House Journal, 38 Cong.1 Sess., 43; Cong. Globe,
+29.</i>&mdash;&mdash;<b>1864, Feb.&nbsp;8.</b> Sumner's repeal bill: <i>Senate Journal, 38 Cong. 1
+Sess., 133; Cong. Globe, 521.</i>&mdash;&mdash;<b>Feb.&nbsp;8.</b> Spalding's repeal bill: <i>House
+Journal, 38 Cong. 1 Sess., 235; Cong. Globe, 526.</i>&mdash;&mdash;<b>Feb.&nbsp;29.</b> Sumner's
+bill reported: <i>Senate Journal, 38 Cong. 1 Sess., 196; Cong. Globe, 864.</i>
+[See <a href="#repealing">No. 83</a>]</p>
+
+<h4><span>81. Saulsbury's substitute on the <a id="validity"></a>validity of personal liberty laws in
+the States, etc.</span></h4>
+
+<p><b>1864, Apr. 8.</b> Joint resolution for an amendment to the Constitution:
+<i>Senate Journal, 38 Cong. 1 Sess., 311; Cong. Globe, 1489.</i></p>
+
+<h4><span>82. <a id="Discussion"></a>Discussion
+ of the repeal of the Fugitive Slave Law. [§&nbsp;<a href="#Early_propositions_to">101.</a>]</span></h4>
+
+<p><b>1864, Apr. 19.</b> [See <a href="#repeal">No. 80.</a>] Sherman's amendment: <i>Senate Journal, 38
+Cong.1 Sess., 348; Cong. Globe, 1710, 1714.</i>&mdash;&mdash;<b>Apr.&nbsp;19.</b> Henderson's
+amendment to Sherman's amendment: <i>Cong. Globe, 38 Cong. 1 Sess.,
+1710.</i>&mdash;&mdash;<b>Apr.&nbsp;19.</b> Saulsbury's amendment: <i>Senate Journal, 38 Cong. 1
+Sess., 348, 621; Cong. Globe, 1715, 3191.</i>&mdash;&mdash;<b>Apr.&nbsp;19.</b> Hale's amendment
+to Saulsbury's amendment: <i>Senate Journal, 38 Cong.1 Sess., 358; Cong.
+Globe, 1782.</i>&mdash;&mdash;<b>Apr.&nbsp;21.</b> Howard's amendment: <i>Senate Journal, 38 Cong. 1
+Sess., 358; Cong. Globe, 1782.</i> [See <a href="#validity">No. 81.</a>]</p>
+
+<h4><span>** 83. Act <a id="repealing"></a>repealing the
+Fugitive Slave Acts. [§§&nbsp;<a href="#Early_propositions_to">101</a>-<a href="#thirteenth">104.</a>]</span></h4>
+
+<p><b>1864, June 6.</b> [See <a href="#Discussion">No. 82.</a>] Hubbard's repeal resolution: <i>House Journal,
+38 Cong. 1 Sess., 749.</i>&mdash;&mdash;<b>June&nbsp;6.</b> House substitute for repeal bill,
+reported by the Committee on Judiciary: <i>House Journal, 38 Cong. 1 Sess.,
+755; Cong. Globe, 2774.</i>&mdash;&mdash;<b>June&nbsp;13.</b> Passed House (yeas 82, nays 57):
+<i>House Journal, 38 Cong. 1 Sess., 503; Cong. Globe, 2920.</i>&mdash;&mdash;<b>June&nbsp;15.</b>
+Referred in the Senate: <i>Senate Journal, 38 Cong. 1 Sess., 561; Cong.
+Globe, 2963.</i>&mdash;&mdash;<b>June&nbsp;23.</b> Saulsbury's amendment: <i>Senate Journal, 38
+Cong. 1 Sess., 621; Cong. Globe, 1864.</i>&mdash;&mdash;<b>June&nbsp;23.</b> Johnson's amendment:
+<i>Senate Journal, 38 Cong. 1 Sess., 621; Cong. Globe, 3191.</i>&mdash;&mdash;<b>June&nbsp;23.</b>
+Passed the Senate: <i>Senate Journal, 38 Cong.1 Sess., 621; Cong. Globe,
+3191.</i>&mdash;&mdash;<b>June&nbsp;28.</b> Signed by the President: <i>House Journal, 38 Cong. 1
+Sess., 931; Cong. Globe, 3360.</i></p>
+
+
+
+
+
+<h2><span><a id="APPENDIX_D"></a>APPENDIX D.</span>
+
+<span><i>LIST OF IMPORTANT FUGITIVE SLAVE CASES.</i></span></h2>
+
+
+<p>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.</p>
+
+<h4><span>1. New Netherlan<a id="ds_and"></a>ds and Hartford controversy.
+[§&nbsp;<a href="#International_cases">11.</a>]</span></h4>
+
+<p><b>1646.</b> Escapes from both colonies: <i>Winthrop, History of New England, 383;
+Moore, Notes on History of Slavery in Massachusetts, 28; Doyle, English
+in America, I. 391.</i></p>
+
+<h4><span>2. Esca<a id="pe_to"></a>pe to Manhattan. [§&nbsp;<a href="#Escapes_from_New_Amsterdam">7.</a>]</span></h4>
+
+<p><b>1659.</b> Four men escaped from New Amsterdam: <i>New York Colonial
+Manuscripts, XIII. 238; Documentary History of&nbsp;N.&nbsp;Y.&nbsp;Colony,&nbsp;II.&nbsp;556 (Ch.
+I. p. 4).</i></p>
+
+<h4><span>3. Esca<a id="pe_of"></a>pe of white servants to
+ Cape May. [§&nbsp;<a href="#Intercolonial_cases">9.</a>]</span></h4>
+
+<p><b>1661.</b> Virginian white colonists escape: <i>New York Colonial Manuscripts,
+XIII. 346.</i></p>
+
+<h4><span>4. Escape to the In<a id="dian"></a>dians. [§&nbsp;<a href="#al">8.</a>]</span></h4>
+
+<p>The negro servants of the Governor of Virginia: <i>New York Colonial
+Manuscripts, II. 637.</i></p>
+
+<h4><span>5. Escape from English <a id="to_Fr"></a>to
+ French. [§&nbsp;<a href="#International_cases">11.</a>]</span></h4>
+
+<p><b>1748.</b> Negro servant escapes from English to Canada: <i>New York Colonial
+Manuscripts, X. 209.</i></p>
+
+<h4><span>6. Crisp<a id="us_At"></a>us Attucks. [§&nbsp;<a href="#Escapes_in_New_England">5.</a>]</span></h4>
+
+<p><b>1750, Oct.</b> Escaped from Framingham, Mass.: <i>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.</i></p>
+
+<h4><span>7. Gl<a id="asgo"></a>asgow. [§&nbsp;<a href="#mother_country">12.</a>]</span></h4>
+
+<p>Slave freed in Glasgow: <i>Mass. Historical Society Collections, Third
+Series, IX. 2.</i></p>
+
+<h4><span>8. Shan<a id="ley"></a>ley v. Haney. [§&nbsp;<a href="#mother_country">12.</a>]</span></h4>
+
+<p><b>1762.</b> Slave freed in England: <i>Quincy, Reports of Cases, 96.</i></p>
+
+<h4><span>9. <a id="Somer"></a>Somersett case. [§&nbsp;<a href="#mother_country">12.</a>]</span></h4>
+
+<p><b>1772.</b> England will not return a fugitive slave: <i>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.</i></p>
+
+<h4><span>10. Sh<a id="ip_Fr"></a>ip Friendship, case of. [§&nbsp;<a href="#Escapes_in_New_England">5.</a>]</span></h4>
+
+<p><b>1770.</b> Harbored a slave: <i>Moore, Slavery in Mass., 117.</i></p>
+
+<h4><span>11. <a id="John"></a>John. [§&nbsp;<a href="#The_first">17.</a>]</span></h4>
+
+<p><b>1778.</b> Free negro kidnapped in Pennsylvania: <i>Am. State Papers, I. 39;
+Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585.</i></p>
+
+<h4><span>12. Quincy'<a id="s_ca"></a>s case. [§&nbsp;<a href="#irst">34.</a>]</span></h4>
+
+<p><b>1793.</b> First case in Boston after 1793: <i>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.</i></p>
+
+<h4><span>13. Washington'<a id="s_sl"></a>s slave. [§&nbsp;<a href="#side">35.</a>]</span></h4>
+
+<p><b>1796, Oct.</b> President Washington demanded a slave from Portsmouth, N. H.:
+<i>Magazine of American History, Dec., 1877, p. 759; Charles Sumner, Works,
+III. 177.</i></p>
+
+<h4><span>14. North Carolina fugitives. [§&nbsp;<a href="#Propositions_of_1797">19.</a>]</span></h4>
+
+<p><b>1796.</b> <i>Annals of Congress, 1796-7, p. 2015, 1801-2, p. 343.</i></p>
+
+<h4><span>15. <a id="Columbia_case"></a>Columbia case.</span></h4>
+
+<p><b>1804.</b> General Boude defends a runaway: <i>Smedley, Underground Railroad,
+26.</i></p>
+
+<h4><span>16. Solom<a id="on_No"></a>on Northup. [§&nbsp;<a href="#olomo">38.</a>]</span></h4>
+
+<p><b>1808.</b> Kidnapping at Saratoga, N. Y.: <i>Solomon Northrup, Autobiography.</i></p>
+
+<h4><span>17. Wi<a id="llia"></a>lliams case.</span></h4>
+
+<p><b>1815.</b> Claimed as a fugitive in Philadelphia: <i>Greeley, American Conflict,
+I. 216.</i></p>
+
+<h4><span>18. <a id="Prigg_ca"></a>Prigg case. [§&nbsp;<a href="#cti">27.</a>]</span></h4>
+
+<p><b>1832.</b> <i>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.</i></p>
+
+<h4><span>19. Kidnapping <a id="of_Jo"></a>of Jones. [§&nbsp;<a href="#Jones_case">37.</a>]</span></h4>
+
+<p><b>1836.</b> Kidnapping in New Jersey: <i>Liberator, Aug. 6, 1836.</i></p>
+
+<h4><span>20. Chickas<a id="aw_re"></a>aw rescue. [§&nbsp;<a href="#ickas">42.</a>]</span></h4>
+
+<p><b>1836.</b> Rescue of two colored women on brig Chickasaw: <i>Liberator, Aug. 6,
+1836.</i></p>
+
+<h4><span>21. Schoon<a id="er_Bo"></a>er Boston case. [§&nbsp;<a href="#Boston_and_Isaac">47.</a>]</span></h4>
+
+<p><b>1837.</b> Georgia and Maine controversy: <i>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.</i></p>
+
+<h4><span>22. Philade<a id="lphi"></a>lphia. [§&nbsp;<a href="#Philadelphia_and_Kennedy">43.</a>]</span></h4>
+
+<p><b>1838.</b> Attempted rescue: <i>Liberator, March 16, 1838.</i></p>
+
+<h4><span>23. Escape of <a id="Douglass"></a>Douglass.
+ [§§&nbsp;<a href="#protection_papers">68,</a> <a href="#Formal">75.</a>]</span></h4>
+
+<p><b>1838.</b> Escape of Frederick Douglass: <i>Life and Times of Douglass;
+Williams, Negro Race in America, II. 59, 422; Wilson, Rise and Fall of
+the Slave Power, I. 501, 502.</i></p>
+
+<h4><span>24. Isaac G<a id="anse"></a>ansey case. [§&nbsp;<a href="#Boston_and_Isaac">47.</a>]</span></h4>
+
+<p><b>1839.</b> Virginia and New York controversy: <i>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.</i></p>
+
+<h4><span>25. Van Z<a id="andt"></a>andt case. [§&nbsp;<a href="#and_Walker_cases">50.</a>]</span></h4>
+
+<p><b>1840.</b> Prosecution for aiding escape: <i>Wilson, Rise and Fall of the Slave
+Power, I. 475; T. R. Cobb, Historical Sketch of Slavery, 207.</i></p>
+
+<h4><span>26. Ober<a id="lin_ca"></a>lin case. [§&nbsp;<a href="#and_Walker_cases">50.</a>]</span></h4>
+
+<p><b>1841 (about).</b> <i>Liberator, May 21, 1841.</i></p>
+
+<h4><span>27. <a id="Thompson_case"></a>Thompson case.</span></h4>
+
+<p><b>1841, July.</b> Prosecution for aiding escapes: <i>Thompson, Prison Life and
+Reflections; Wilson, Rise and Fall of the Slave Power, II. 69; Goodell,
+Slavery and Antislavery, 440.</i></p>
+
+<h4><span>28. Lati<a id="mer_ca"></a>mer case. [§&nbsp;<a href="#atim">44.</a>]</span></h4>
+
+<p><b>1842.</b> Famous fugitive slave case, Boston: <i>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.</i></p>
+
+
+<h4><span>29. <a id="Goin_ca"></a>Goin case.</span></h4>
+
+<p><b>1844.</b> Attempted seizure of fugitive: <i>Liberator, April 19, 1844.</i></p>
+
+<h4><span>30. <a id="Thomas_case"></a>Thomas case.</span></h4>
+
+<p><b>1844.</b> Seizure in Marietta, Penn.: <i>Liberator, June 14, 1844.</i></p>
+
+<h4><span>31. Wal<a id="ker_ca"></a>ker case. [§&nbsp;<a href="#and_Walker_cases">50.</a>]</span></h4>
+
+<p><b>1844.</b> Prosecution for aiding escapes: <i>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.</i></p>
+
+<h4><span>32. <a id="Smithb"></a>Smithburg.</span></h4>
+
+<p><b>1845.</b> Battle between whites and ten runaways: <i>Liberator, June 27, 1845.</i></p>
+
+<h4><span>33. <a id="Kirk_ca"></a>Kirk case.</span></h4>
+
+<p><b>Between 1845 and 1849.</b> Unsuccessful attempt to capture George Kirk in New
+York: <i>Wilson, Rise and Fall of the Slave Power, II. 52. Supplement to
+New York Legal Observer, containing report of case, Boston Public
+Library.</i></p>
+
+<h4><span>34. Br<a id="ig_Ot"></a>ig Ottoman. [§&nbsp;<a href="#Ottoman_case">45.</a>]</span></h4>
+
+<p><b>1846.</b> Unsuccessful attempt to rescue slave on brig: <i>Wilson, Rise and
+Fall of the Slave Power, II. 54.</i></p>
+
+<h4><span>35. Kenne<a id="dy_ca"></a>dy case. [§&nbsp;<a href="#Philadelphia_and_Kennedy">43.</a>]</span></h4>
+
+<p><b>1847.</b> Riot in Carlisle, Penn.:<i> Liberator, Sept. 10, 27, 1847;
+Congressional Globe, 1860-61, pp. 801, 802, 908.</i></p>
+
+<h4><span>36. Slaves <a id="on_board"></a>on board Brazilian ship.</span></h4>
+
+<p><b>1847.</b> Attempt to rescue: <i>Wilson, Rise and Fall of the Slave Power, II.
+53; Liberator, Aug. 20, 1847.</i></p>
+
+<h4><span>37. Ohio and
+Kentuc<a id="ky_co"></a>ky controversy. [§&nbsp;<a href="#Ohio_and_Kentucky">48</a>]</span></h4>
+
+<p><b>1848.</b> Controversy on account of extradition demanded: <i>Liberator, July
+14, 1848.</i></p>
+
+<h4><span>38. South <a id="Bend"></a>Bend case.</span></h4>
+
+<p><b>1847, Oct. 9.</b> Fugitives discharged on trial in Michigan: <i>South Bend
+Fugitive Slave case.</i></p>
+
+<h4><span>39. Brig Wm. <a id="Purrington"></a>Purrington.</span></h4>
+
+<p><b>1848.</b> Escape from: <i>Liberator, Dec. 31, 1848.</i></p>
+
+<h4><span>40. Drayton an<a id="d_Say"></a>d Sayres. [§&nbsp;<a href="#and_Walker_cases">50.</a>]</span></h4>
+
+<p><b>1848.</b> Prosecution for aiding escapes: <i>Wilson, Rise and Fall of the Slave
+Power, II. 104.</i></p>
+
+<h4><span>41. Cr<a id="afts"></a>afts escape. [§&nbsp;<a href="#Fugitives_disguised">69.]</a></span></h4>
+
+<p><b>1848.</b> Escape of William and Ellen Crafts: <i>Liberator, Nov. 1, 1850;
+Still, Underground Railroad, 368; Wilson, Rise and Fall of the Slave
+Power, II. 325.</i></p>
+
+<h4><span>42. Washing<a id="ton_ca"></a>ton case. [§&nbsp;<a href="#Washington_case">39.</a>]</span></h4>
+
+<p>Between <b>1840-1850:</b> <i>Liberator, May 26, 1848.</i></p>
+
+<h4><span>43. Ham<a id="let_ca"></a>let case. [§&nbsp;<a href="#Hamlet_case">53.</a>]</span></h4>
+
+<p><b>1850.</b> Rendition in N. Y.: <i>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.</i></p>
+
+<h4><span>44. <a id="Gannett"></a>Gannett case.</span></h4>
+
+<p><b>1850, Oct. 18.</b> Alleged fugitive discharged in Philadelphia: <i>Wilson, Rise
+and Fall of the Slave Power, II. 326; May, Fugitive Slave Law and its
+Victims, 8.</i></p>
+
+<h4><span>45. <a id="Gibson_ca"></a>Gibson case.</span></h4>
+
+<p><b>1850, Dec. 21.</b> Rendition of an innocent man: <i>Wilson, Rise and Fall of
+the Slave Power, II. 327; May, Fugitive Slave Law and its Victims, 8;
+Still, Underground Railroad, 349.</i></p>
+
+<h4><span>46. <a id="Case_in_P"></a>Case in Pennsylvania.</span></h4>
+
+<p><b>1851, Jan.</b> House of colored man entered by force: <i>Liberator, Jan. 10,
+1851.</i></p>
+
+
+
+<h4><span>47. S<a id="ims_ca"></a>ims case. [§&nbsp;<a href="#ims">54.</a>]</span></h4>
+
+<p><b>1851. </b> Rendition in Boston:<i>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.</i></p>
+
+<h4><span>48. Shadr<a id="ach_ca"></a>ach case. [§&nbsp;<a href="#adrac">57.</a>]</span></h4>
+
+<p><b>1851, Feb.</b> Rendition in Boston: <i>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.</i></p>
+
+<h4><span>49. Christi<a id="ana_ca"></a>ana case. [§&nbsp;<a href="#Christiana">60.</a>]</span></h4>
+
+<p><b>1851, Sept.</b> Riot in Christiana: <i>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.</i></p>
+
+<h4><span>50. M<a id="iller"></a>iller. [§&nbsp;<a href="#case_1851">61.</a>]</span></h4>
+
+<p><b>1851, Nov.</b> Mr. Miller murdered: <i>Liberator, Feb. 4, 1853; Lunsford Lane,
+113; May, Fugitive Slave Law, 15; Wilson, Rise and Fall of the Slave
+Power, II. 324.</i></p>
+
+<h4><span>51. Je<a id="rry_ca"></a>rry case. [§&nbsp;<a href="#Jerry_McHenry">58.</a>]</span></h4>
+
+<p><b>1851, Oct.</b> Rescue in Syracuse, N. Y.: <i>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.</i></p>
+
+<h4><span>52. Parker rescue.</span></h4>
+
+<p><b>1851, Dec. 31.</b> Rescue by Mr. Miller: <i>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.</i></p>
+
+<h4><span>53. Brig Florence.</span></h4>
+
+<p><b>1853.</b> Rescue of slave on board by Mr. Bearse: <i>Bearse, Reminiscences of
+Fugitive Slave Days in Boston, 34.</i></p>
+
+<h4><span>54. <a id="Lewis_ca"></a>Lewis case.</span></h4>
+
+<p><b>1853.</b> Escape of Lewis from trial: <i>Liberator, Oct. 28, 1853.</i></p>
+
+<h4><span>55. <a id="Glover_ca"></a>Glover case.</span></h4>
+
+<p><b>1854.</b> Joshua Glover rescued by a mob at Milwaukee: <i>Wilson, Rise and Fall
+of the Slave Power, 444; Liberator, April 7, 24, 1854.</i></p>
+
+<h4><span>56. <a id="Bath"></a>Bath.</span></h4>
+
+<p><b>1854.</b> Escape to Canada from ship from Florida: <i>Liberator, Oct. 6, 1854.</i></p>
+
+<h4><span>57. Bu<a id="rns_ca"></a>rns case. [§&nbsp;<a href="#urns">55.</a>]</span></h4>
+
+<p><b>1854.</b> Rendition in Boston: <i>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.</i></p>
+
+<h4><span>58. Ga<a id="rner"></a>rner. [§&nbsp;<a href="#Garner">56</a>]</span></h4>
+
+<p><b>1856.</b> Rendition of a family in Ohio: <i>Liberator, Feb. 8, 22, 29, 1856;
+May, Fugitive Slave Law and its Victims, 37; Lunsford Lane, 119; Greeley,
+American Conflict, I. 219, Lalor's Cyclopædia, I. 207; Wilson, Rise and
+Fall of the Slave Power, II. 446, 447.</i></p>
+
+<h4><span>59. Willia<a id="mson_ca"></a>mson case.</span></h4>
+
+<p><b>1856, Jan.</b> Prosecution for aiding fugitives: <i>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.</i></p>
+
+<h4><span>60. Jo<a id="hnson_c"></a>hnson case.</span></h4>
+
+<p><b>1856, July 16.</b> Rescue of slave on ship from Mobile: <i>Liberator, July 18,
+1856.</i></p>
+
+<h4><span>61. <a id="Gatchell_ca"></a>Gatchell case.</span></h4>
+
+<p><b>1857, Jan.</b> Rendition of Philip Young: <i>Chambers, Slavery and Color;
+Fugitive Slave Law, Appendix, 197.</i></p>
+
+<h4><span>62. Oberlin-Welli<a id="ngton_c"></a>ngton case. [§&nbsp;<a href="#rescue_1858">59</a>]</span></h4>
+
+<p>1858. Rescue at Wellington: <i>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.</i></p>
+
+<h4><span>63. John Brown's <a id="Raid"></a>Raid. [§&nbsp;<a href="#Kansas_1858">62.</a>]</span></h4>
+
+<p><b>1858.</b> Raid in Missouri: <i>Sanborn, Life and Letters of John Brown, 420;
+Von Holst, John Brown, 104.</i></p>
+
+<h4><span>64. <a id="Nalle_ca"></a>Nalle case.</span></h4>
+
+<p><b>1859, April 28.</b> Rescue of Charles Nalle by a mob: <i>Bradford, Harriet, the
+Moses of her People, Appendix, 143; Liberator, May 4, 1860.</i></p>
+
+<h4><span>65. Ande<a id="rson_c"></a>rson case.
+ [§&nbsp;<a href="#Canada_and_Mexico_places_of_refuge">23.</a>]</span></h4>
+
+<p><b>1860.</b> Extradition case between U. S. and Canada: <i>Liberator, Dec. 3,
+1860; Pamphlets on Anderson Case, Boston Public Library; Life of Gerrit
+Smith, 15; Liberator, Jan. 22, 1861.</i></p>
+
+<h4><span>66. Wisd<a id="om_ca"></a>om case. [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1861.</b> Rendition by army officers: <i>Liberator, July 19, 1861.</i></p>
+
+<h4><span>67. <a id="Major_Sherwood"></a>Major Sherwood's servant.
+ [§&nbsp;<a href="#provisions_extended">91.</a>]</span></h4>
+
+<p><b>1861.</b> Rendition ordered in army: <i>Liberator, July 19, 1861.</i></p>
+
+<h4><span>68. Norf<a id="olk_ca"></a>olk case.</span></h4>
+
+<p><b>1863.</b> Kidnapping by N. Y. Volunteers: <i>Liberator, March 27, 1863.</i></p>
+
+<h4><span>69. Arch<a id="er_Ale"></a>er Alexander.</span></h4>
+
+<p><b>1863.</b> Fugitive during the war: <i>Archer Alexander.</i></p>
+
+
+
+
+<h2><span><a id="APPENDIX_E"></a>APPENDIX E.</span>
+
+<span><i>BIBLIOGRAPHY OF FUGITIVE SLAVE CASES AND FUGITIVE SLAVE LEGISLATION.</i></span></h2>
+
+
+<div class="poem">
+<span class="i0">&nbsp;&nbsp;1. <a href="#Sources">Sources of information.</a></span><br />
+<span class="i0">&nbsp;&nbsp;2. <a href="#Libraries">Libraries.</a></span><br />
+<span class="i0">&nbsp;&nbsp;3. <a href="#Secondary_works">Secondary works.</a></span><br />
+<span class="i0">&nbsp;&nbsp;4. <a href="#Biographies">Biographies.</a></span><br />
+<span class="i0">&nbsp;&nbsp;5. <a href="#Original_sources">Original sources.</a></span><br />
+<span class="i0">&nbsp;&nbsp;6. <a href="#Slave_autobiographies">Slave autobiographies.</a></span><br />
+<span class="i0">&nbsp;&nbsp;7. <a href="#Records_of_trials">Records of trials.</a></span><br />
+<span class="i0">&nbsp;&nbsp;8. <a href="#eeche">Speeches.</a></span><br />
+<span class="i0">&nbsp;&nbsp;9. <a href="#Reminiscences">Reminiscences.</a></span><br />
+<span class="i0">10. <a href="#Reports">Reports of societies.</a></span><br />
+<span class="i0">11. <a href="#Periodicals">Periodicals and newspapers.</a></span><br />
+<span class="i0">12. <a href="#Materials">Materials bearing on legislation.</a></span><br />
+<span class="i0">13. <a href="#Alphabetical_list">Alphabetical list of works.</a></span><br />
+</div>
+
+<h4><span>1. <a id="Sources"></a>Sources of information.</span></h4>
+
+<p>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.</p>
+
+<h4><span>2. <a id="Libraries"></a>Libraries.</span></h4>
+
+<p>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
+Athenæum 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.</p>
+
+<h4><span>3. <a id="Secondary_works"></a>Secondary works.</span></h4>
+
+<p>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. <i>The Rise and Fall of the Slave Power in America</i>,
+by <i>Henry Wilson</i>, 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. <i>Williams's
+History of the Negro Race</i>, and <i>Greeley's American Conflict</i>, are other
+surveys of the whole subject. For a discussion of political forces and
+constitutional questions, <i>Von Holst</i> is the best authority, while
+<i>Hurd</i>, 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.</p>
+
+<p>Studies of colonial slavery are found in <i>Lodge's English Colonies in
+America</i> and <i>Doyle's English in America</i>. Several special essays have
+been printed on slavery in Massachusetts; <i>Deane's</i> and <i>Moore's Notes on
+Slavery</i>, and <i>Washburn's Extinction of Slavery in Massachusetts</i>. Little
+attention is in any of these works given to fugitive slaves.</p>
+
+<p>To another class belong books descriptive of the institution of slavery.
+<i>Mrs. Frances Kemble</i> wrote about life on a Southern plantation before
+the war, and the <i>Cotton Kingdom</i> and other volumes by <i>Frederick Law
+Olmsted</i> give many interesting details, and furnished me with much
+material for the chapter on Fugitives and their Friends.</p>
+
+<h4><span>4. <a id="Biographies"></a>Biographies.</span></h4>
+
+<p>Biographies of antislavery men are likely to contain information on
+fugitive slave cases. The <i>Life of Isaac T. Hopper</i> is full of accounts
+of his ways of aiding flight, and for the same reason the <i>Life of Gerrit
+Smith</i> is exceedingly interesting. Birney's <i>Life of James G. Birney</i>
+deals little with fugitives. The biographies of Mrs. Lydia Maria Child,
+Arthur and Lewis Tappan, John Brown, Garrison, Phillips, and the Grimké
+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 <i>Life of Rev. Calvin
+Colman</i>, relate simply the stories of trials and imprisonments for aiding
+fugitives, and are often more in the nature of original than secondary
+sources.</p>
+
+<h4><span>5. <a id="Original_sources"></a>Original sources.</span></h4>
+
+<p>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.</p>
+
+<h4><span>6. <a id="Slave_autobiographies"></a>Slave autobiographies.</span></h4>
+
+<p>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." <i>Frederick Douglass</i> 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 <i>Box Brown</i>,
+<i>Peter Still</i>, <i>Archy Moore</i>, <i>Solomon Northrup</i>, <i>Lunsford Lane</i>, and
+others, most of which have been quoted above.</p>
+
+<h4><span>7. <a id="Records_of_trials"></a>Records of trials.</span></h4>
+
+<p>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.</p>
+
+
+ <h4><span>8. Sp<a id="eeche"></a>eeches.</span></h4>
+
+<p>In the study of public sentiment and for the weighing of argument the
+speeches of <i>Phillips</i>, <i>Sumner</i>, <i>Seward</i>, <i>Giddings</i>, <i>Webster</i>,
+<i>Mann</i>, <i>Rantoul</i>, <i>Loring</i>, 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.</p>
+
+<h4><span>9. <a id="Reminiscences"></a>Reminiscences.</span></h4>
+
+<p>A valuable aid in reconstructing in the mind the conditions of the
+slavery struggle are the reminiscences of participants. <i>Rev. James
+Freeman Clarke's Antislavery Days</i> and <i>Mr. Parker Pillsbury's</i> book have
+been helpful in these chapters. A pamphlet by <i>Mr. Austin Bearse</i>
+describes the Fugitive Slave Laws in Boston, and relates the work of the
+Vigilance Committee in protecting escaped negroes. The books of <i>Still</i>,
+<i>Smedley</i>, and <i>Coffin</i>, on the workings of the Underground Railroad, are
+composed chiefly of reminiscences, and have furnished many essential
+facts.</p>
+
+<h4><span>10. <a id="Reports"></a>Reports of societies.</span></h4>
+
+<p>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.</p>
+
+<h4><span>11. <a id="Periodicals"></a>Periodicals and newspapers.</span></h4>
+
+<p>Not much has been gathered from periodicals. <i>Poole's Index</i> was used and
+occasionally something of importance was discovered. Thus <i>The Freedman's
+Story</i> in the <i>Atlantic Monthly</i> 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. <i>The Magazine of American History</i> contains Several articles.
+Among newspapers, the <i>Liberator</i> 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.</p>
+
+<h4><span>12. <a id="Materials"></a>Materials bearing on legislation.</span></h4>
+
+<p>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.</p>
+
+<p>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.</p>
+
+<h4><span>13. <a id="Alphabetical_list"></a>Alphabetical list of works.</span></h4>
+
+<p>This list includes all the books and articles which have been of service
+in preparing the monograph, except a few of the general histories.</p>
+
+<p class="thin"><b>Adams, Charles Francis, Jr.</b> Richard Henry Dana: a Biography. 2 vols.
+Boston, 1890.</p>
+
+<p class="thin"><b>Allen, H. W.</b> Trial of U. S. Deputy Marshal for Kidnapping, etc. Syracuse,
+1852.</p>
+
+<p class="thin"><b>Antislavery Almanacs</b>, miscellaneous collection of, in the Library of
+Harvard College.</p>
+
+<p class="thin"><b>Antislavery Pamphlets</b>, miscellaneous collection of, unsuitable for
+binding, in the Library of Harvard College.</p>
+
+<p class="thin"><b>Antislavery Societies</b>, Annual Reports of.</p>
+
+<p class="thin"><b>Amherstburg Quarterly Mission Journal</b>, Amherstburg, Canada West.</p>
+
+<p class="thin"><b>Ball, J. P.</b> Mammoth Pictorial Tour of the United States, compiled for a
+Panorama. Cincinnati, 1855.</p>
+
+<p class="thin"><b>Bayard, James.</b> A Brief Exposition of the Constitution of the United
+States. Philadelphia, 1845.</p>
+
+<p class="thin"><b>Bearse, Anthony.</b> Remembrances of Fugitive Slave Law Days in Boston.
+Boston, 1880. pp. 41.</p>
+
+<p class="thin"><b>Birney, J. G.</b> Examination of the Decision of the Supreme Court of the
+United States in the Case of Strader, Gorman, and Armstrong <i>vs.</i>
+Christopher Graham, 1850. Cincinnati, 1851. pp. 47.</p>
+
+<p class="thin"><b>Bledsoe, Albert T.</b> An Essay on Liberty and Slavery. Philadelphia, 1887.
+pp. 383.</p>
+
+<p class="thin"><b>Bowditch, H. I.</b> To the Public. [Defence of his conduct in the case of
+Latimer against the charges of J. B. Gray.] Boston, 1842. pp. 11.</p>
+
+<p class="thin"><b>Bowditch, W. I.</b> The Rendition of Anthony Burns. Boston, 1854. pp. 40.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> The United States Constitution a Pro-slavery Instrument. New York,
+1855. pp. 12.</p>
+
+<p class="thin"><b>Bowen, C. W.</b> Arthur and Lewis Tappan, a Paper read at the Fiftieth
+Anniversary of the New York City Antislavery Society, Oct. 2, 1883. New
+York, 1883. (?) pp. 116.</p>
+
+<p class="thin"><b>Bowen, F.</b> Fugitive Slaves. In <i>North American Review</i>, LXXI. 252. (July,
+1850.)</p>
+
+<p class="thin"><b>Boston Slave Riot and Trial of Anthony Burns.</b> Boston, 1854.</p>
+
+<p class="thin"><b>Brown, W. W.</b> Narrative of a Fugitive Slave. Boston, 1848. pp. 144.</p>
+
+<p class="thin"><b>Bump, O. F.</b> Notes of Constitutional Decisions, being the Digest of the
+Provincial Interpretations of the Constitution of the United States, etc.
+New York, 1878.</p>
+
+<p class="thin"><b>Canada Mission</b>, 7th Annual Report of. Rochester, N. Y.</p>
+
+<p class="thin"><b>Case of William R. Chaplin</b>, etc. Boston, 1851. pp. 54.</p>
+
+<p class="thin"><b>Chambers, William.</b> American Slavery and Color. London, 1857.</p>
+
+<p class="thin"><b>Chase, S. P.</b> Reclamation of Fugitive Slaves from Service, an Argument for
+the Defendant, submitted to the Supreme Court of the United States at
+December Term, 1840, in Case of W. Jones <i>vs.</i> John Van Zandt.
+Cincinnati, 1847. pp. 108.</p>
+
+<p class="thin"><b>Child, Lydia Maria.</b> The Duty of Disobedience to the Fugitive Slave Act
+(an Appeal to the Legislators of Mass.). Boston, 1860. pp. 36.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> Isaac T. Hopper (a True Life). Boston, 1853. pp. 120.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> Letters of Lydia Maria Child. Boston, 1883.</p>
+
+<p class="thin"><b>Clarke, James Freeman.</b> Antislavery Days. New York, 1884.</p>
+
+<p class="thin"><b>Clarke, Lewis and Milton</b>, Narrative of the Sufferings of, among the
+Slaveholders of Kentucky. Boston, 1848. pp. 144.</p>
+
+<p class="thin"><b>Cobb, T. R.</b> Historical Sketch of Slavery. Philadelphia, 1836.</p>
+
+<p class="thin"><b>Coffin, L.</b> (President of Underground Railroad). Reminiscences of a
+Lifetime spent in Behalf of the Slave. Cincinnati, 1876.</p>
+
+<p class="thin"><b>Constitutional Provision, The</b>, respecting Fugitives from Justice, and the
+Act of Congress, Sept. 18, 1850. Boston, 1852.</p>
+
+<p class="thin"><b>Cooley, Thomas M.</b> The General Principles of Constitutional Law in the
+United States of America. Boston, 1880. pp. 376.</p>
+
+<p class="thin"><b>Daggs (Ruel)</b> <i>vs.</i> <b>Elihu Frazier et als.</b> Fugitive Slave Case, Southern
+Division of Iowa. Burlington, 1850. pp. 40.</p>
+
+<p class="thin"><b>Deane, Charles, and Moore.</b> Slavery in Massachusetts. Connecticut, 1877.</p>
+
+<p class="thin"><b>Desty, Robert.</b> Constitution of the United States, with Notes by Robert
+Desty, etc. San Francisco, 1887.</p>
+
+<p class="thin"><b>Douglass, Frederick.</b> Narrative of his Life. Written by himself. Boston,
+1845.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> Life and Times of Frederick Douglass. Hartford, 1881-82.</p>
+
+<p class="thin"><b>Drayton, Daniel.</b> Personal Memoirs of, for four years and four months (a
+prisoner for charity's sake in Washington Jail), including Narrative of
+Voyage and Capture of Schooner Pearl. New York, 1855.</p>
+
+<p class="thin"><b>Drew, Benjamin.</b> North Side View of Slavery, or Narrative of a Refugee in
+Canada, with an Account of the History of the Colored Population in Upper
+Canada. Boston, 1856.</p>
+
+<p class="thin"><b>Eliot, W. G.</b> The Story of Archer Alexander from Slavery to Freedom.
+Boston, 1885.</p>
+
+<p class="thin"><b>Elliott, Chas. W.</b> The New England History, from the Discovery of the
+Continent by the Northmen, A. D. 986, to the Period when the Colonies
+declared their Independence, A. D. 1776. 2 vols. New York, 1857.</p>
+
+<p class="thin"><b>Friend, By A.</b> The Experiences of Thomas Jones, who was for forty-three
+years a Slave. Boston, 1850.</p>
+
+<p class="thin"><b>Frothingham, O. B.</b> Life of Gerrit Smith. A Biography. New York, 1878. pp.
+381.</p>
+
+<p class="thin"><b>Fugitive Slave Bill</b> enacted by U. S. Congress, and approved by President
+Fillmore, Sept. 8, 1850. Boston, 1854. pp. 7.</p>
+
+<p class="thin"><b>Fugitive Slaves.</b> In Democratic Review, XXVIII. 57 (April, 1851).</p>
+
+<p class="thin"><b>Furness, W. H.</b> The Moving Power. A Discourse delivered in the First
+Congregational Unitarian Church in Philadelphia, Feb. 9, 1851, after the
+occurrence of a Fugitive Slave Case. Philadelphia, 1851.</p>
+
+<p class="thin"><b>Garrison, Wendell Phillips</b>, and <b>Garrison, Francis Jackson.</b> William Lloyd
+Garrison, 1805-1879: the Story of his Life, told by his Children [Wendell
+Phillips Garrison and Francis Jackson Garrison]. 4 vols., 8vo. New York,
+1885.</p>
+
+<p class="thin"><b>Giddings, J. R.</b> The Exiles of Florida, or Crimes committed by our
+Government against Maroons who fled from South Carolina, etc. Columbus,
+O., 1858.</p>
+
+<p class="thin"><b>Goodell, William.</b> Views of American Constitutional Law in its Bearings
+upon American Slavery. 2d ed. Utica, N. Y., 1845.</p>
+
+<p class="thin"><b>Goodloe, D. R.</b> The Southern Platform, or Manual of Southern Sentiments on
+the Subject of Slavery. Boston, 1858.</p>
+
+<p class="thin"><b>Gray, A. F.</b> (?) Letter to W. H. Seward touching the Surrender of certain
+Fugitives from Justice. New York, 1841.</p>
+
+<p class="thin"><b>Great Britain.</b> British Documents, Parliament of Great Britain,
+Correspondence respecting Case of Fugitive Slave Anderson. London, 1861.</p>
+
+<p class="thin"><b>Greeley, Horace.</b> The American Conflict; a History of the Great Rebellion,
+1860-65; its moral and political Phases, with the Drift and Progress of
+America respecting Human Slavery from 1776. 2 vols., 8vo. Hartford, 1864.</p>
+
+<p class="thin"><b>Green, William</b> (formerly a slave), Narrative of Events in the Life of.
+Written by himself. Springfield, 1853. pp. 23.</p>
+
+<p class="thin"><b>Hawkins, W. G.</b> Lunsford Lane, or Another Helper from North Carolina.
+Boston, 1863.</p>
+
+<p class="thin"><b>Helper, H. R.</b> The Impending Crisis in the South, and How to Meet it. New
+York, 1860. pp. 420.</p>
+
+<p class="thin"><b>Henson, Josiah.</b> Life of J. Henson, formerly a Slave, now an Inhabitant of
+Canada, as narrated by himself.</p>
+
+<p class="thin"><b>Hildreth, R.</b> The Slave, or Memoirs of Archy Moore. Boston, 1840.</p>
+
+<p class="thin"><b>Hopper, I. T.</b> Thomas Cooper. New York, 1837.</p>
+
+<p class="thin"><b>Hossack, John.</b> Speech of John Hossack, convicted of Violation of the
+Fugitive Slave Law, before Judge Drummond of the United States District
+Court, Chicago, Ill. New York, 1860. pp. 12.</p>
+
+<p class="thin"><b>Howe, S. G.</b> Refugees from the South in Canada West. Report to Freedman's
+Inquiry Committee. Boston, 1864.</p>
+
+<p class="thin"><b>Hurd, J. C.</b> The Law of Freedom and Bondage. 2 vols. New York, 1858, 1862.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> Topics of Jurisprudence connected with the Condition of Freedom and
+Bondage. New York, 1856. &nbsp;pp.&nbsp;ix,&nbsp;113.</p>
+
+<p class="thin"><b>Hurd, R. C.</b> Treatise on the Right of Personal Liberty, and on the Writ of
+Habeas Corpus, and Practice connected with it, with a View of the Law of
+Extradition of Fugitives. Albany, 1858.</p>
+
+<p class="thin"><b>Joliffe, John.</b> In the Matter of George Gordon's Petition for Pardon. John
+Joliffe's Argument for Petitioner. Cincinnati, 1862.</p>
+
+<p class="thin"><b>Kane, Judge.</b> District Court of the United States for the Eastern District
+of Pennsylvania. United States of America, ex relatione Wheeler, <i>vs.</i>
+Williamson. Opinion of Judge Kane, Oct. 12, 1855. Philadelphia, 1855. pp.
+20.</p>
+
+<p class="thin"><b>Kemble, Frances Anne.</b> Journal of a Residence on a Georgian Plantation in
+1836-39. New York, 1863.</p>
+
+<p class="thin"><b>Kent, J.</b> Commentaries on American Law. 4 vols. Boston, 1884.</p>
+
+<p class="thin"><b>Kidnapping.</b> <i>African Observer</i>, May, 1837.</p>
+
+<p class="thin"><b>Kingsbury, Harmon.</b> The Fugitive Slave Bill, its History and
+Unconstitutionality: with an Account of the Seizure and Enslavement of
+James Hamlet and his subsequent Restoration to Liberty (with Appendix).
+New York, 1850.</p>
+
+<p class="thin"><b>Larned, E. C.</b> Argument on the Trial of Joseph Stout, indicted for
+rescuing a Fugitive Slave from a United States Deputy Marshal at Ottawa,
+Ill., Oct. 20, 1859, delivered March 12 and 13, 186-. Chicago, 186-. pp.
+43.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> The new Fugitive Slave Law. Speech of E. C. Larned, Chicago, Oct.
+25, 1850. Chicago, 1850.</p>
+
+<p class="thin"><b>Latimer Case.</b> From the <i>Law Reporter</i>, March, 1843. Boston, 1843. pp. 10.</p>
+
+<p class="thin"><b>Letter</b> to His Excellency, William H. Seward, Governor of the State of New
+York, touching the Surrender of certain Fugitives from Justice. New York,
+1841. pp. 101.</p>
+
+<p class="thin"><b>Lord, J. C.</b> The Higher Law in its Application to the Fugitive Slave Bill.
+Buffalo, 1851.</p>
+
+<p class="thin"><b>Madison, James.</b> The Constitution a Pro-slavery Compact. New York, 1844.</p>
+
+<p class="thin"><b>Mann, Horace.</b> Fugitive Slave Law. Boston, 1851.</p>
+
+<p class="thin"><b>Massachusetts Senate.</b> Various Documents. Senate, 1851, No. 89
+(examination of Sims Case).</p>
+
+<p class="thin"><b>May, S. J.</b> American Antislavery Society. The Fugitive Slave Law and its
+Victims. New York, 1856, 1861.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> Catalogue of Antislavery Publications in America, 1750-1830.</p>
+
+<p class="thin"><b>Moore, G. H.</b> Notes on the History of Slavery in Massachusetts. New York,
+1866.</p>
+
+<p class="thin"> <b>Narrative</b> of Facts in the Case of Passmore Williamson.
+Philadelphia, 1855.</p>
+
+<p class="thin"><b>Narrative</b> of Solomon Northrup, a Citizen of New York, kidnapped in
+Washington in 1844, and rescued in 1853 from a Cotton Plantation near Red
+River, Louisiana. Cincinnati, H. W. Derby.</p>
+
+<p class="thin"><b>Needles, Edward.</b> Historical Memoir of the Pennsylvania Society for
+Promoting the Abolition of Slavery. Philadelphia, 1848.</p>
+
+<p class="thin"><b>New York Court of Appeals</b>, Report of the Lemmon Slave Case. New York,
+1861. pp. 446.</p>
+
+<p class="thin"><b>New York Legal Observer</b>, Supplement to, containing Report of the Case In
+the Matter of George Kirk, a Fugitive Slave, heard before J. W. Edmunds,
+Circuit Judge; also the Argument of John Jay, Counsel for the Slave. New
+York, 1844. pp. 20.</p>
+
+<p class="thin"><b>Oberlin-Wellington Rescue.</b> New Englander, XVII. 686.</p>
+
+<p class="thin"><b>Olmsted, F. L.</b> The Cotton Kingdom. 2 vols. New York, 1861.</p>
+
+<p class="thin"><b>Paine, Byron</b>, and <b>Smith, A. D.</b> Unconstitutionality of the Fugitive Slave
+Act. Argument of A. D. Smith. Milwaukee, 1854. pp. 35.</p>
+
+<p class="thin"><b>Paine, L. W.</b> Six Years in a Georgia Prison. Narrative of L. W. Paine, who
+suffered Imprisonment for aiding Slaves to escape from that State after
+he had fled from Slavery. Boston, 1852.</p>
+
+<p class="thin"><b>Parker, Joel.</b> Personal Liberty Laws (State of Massachusetts) and Slavery
+in the Territories (Case of Dred Scott). Boston, 1861. pp. 97.</p>
+
+<p class="thin"><b>Parker, Theodore.</b> Anthony Burns. [Collection made and arranged in the
+form of a scrap-book by Theodore Parker, whose Autograph and Manuscript
+it contains.] Boston Public Library.</p>
+
+<p class="thin"><b>Peabody, Andrew Preston.</b> [Address before the New England
+Historic-Genealogical Society, May 6, 1891.]</p>
+
+<p class="thin"><b>Peabody, E.</b> Narratives of Fugitive Slaves. <i>Christian Examiner</i>, XLVII. 61.</p>
+
+<p class="thin"><b>Phillips, Wendell.</b> Argument of Wendell Phillips, Esq., against Repeal of
+the Personal Liberty Laws before the Committee of the Legislature,
+Tuesday, January 29, 1861. Boston, 1861.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> No Slave Hunting in the Old Bay State, before Committee on Federal
+Relations, H. R., Thursday, Feb. 17, 1859. Boston, 1859.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> Speech in the House of Representatives of Massachusetts before the
+Committee on Federal Relations [against the recapture of fugitive
+slaves]. Boston, 1859.</p>
+
+<p class="thin"><b>Pickard, Mrs. K. E. R.</b> The Kidnapped and the Ransomed. Personal
+Reflections of Peter Still and his Wife Vina after Forty Years of
+Slavery. Syracuse, New York, 1856.</p>
+
+<p class="thin"><b>Pierce, E. L.</b> Remarks of E. L. Pierce before the Committee of the
+Legislature of Massachusetts on the General Statutes relating to Personal
+Liberty, at their Hearing of Feb. 1, 1861. Boston, 1861.</p>
+
+<p class="thin"><b>Pomeroy, J. N.</b> An Introduction to the Constitutional Laws of the United
+States. Boston, 1868.</p>
+
+<p class="thin"><b>Poole, W. F.</b> Sketch of Antislavery Opinion before Year 1800. An Essay
+read before the Cincinnati Literary Club, Nov. 16, 1872. Cincinnati,
+1873.</p>
+
+<p class="thin"><b>Randolph, Peter</b>, an emancipated slave. Sketches of Slave Life. Boston,
+1855. pp. 82.</p>
+
+<p class="thin"><b>Rantoul, Robert.</b> Speech at Lynn, April 3, 1852, on the Fugitive Slave
+Law. Speech in Congress on June 11, 1852, on the Constitutionality of the
+Fugitive Slave Law.</p>
+
+<p class="thin"><b>Rendition of Fugitive Slaves.</b> Acts of 1793 and 1850, and Decisions of the
+Supreme Court sustaining them. The Dred Scott Case. 1860. pp. 15.</p>
+
+<p class="thin"><b>Refugees' Home Society</b>, Report of Committee. Winsor, 1852. pp. 8.</p>
+
+<p class="thin"><b>Report</b> of the Trial of Castner Hanway for Treason, etc. Philadelphia,
+1852. pp. 275.</p>
+
+<p class="thin"><b>Report</b> of the Case of Edward Prigg against the Commonwealth of
+Pennsylvania in Superior Court. Philadelphia, 1842.</p>
+
+<p class="thin"><b>Roper, Moses</b>, Narrative of the Adventures and Escape of, from American
+Slavery. Philadelphia, 1838. pp. 89.</p>
+
+<p class="thin"><b>Sergeant, Thomas.</b> On Constitutional Law. Philadelphia, 1830.</p>
+
+<p class="thin"><b>Seward, W. H.</b> John Van Zandt, etc., Argument for Defendant by W. H.
+Seward. Albany, 1847. pp. 40.</p>
+
+<p class="thin"><b>Sherman, H.</b> Slavery in the United States; from the Establishment of the
+Confederation to the present Time. Hartford, 1860. pp. 60.</p>
+
+<p class="thin"><b>Shipherd, J. R.</b> History of Oberlin-Wellington Rescue. Boston, 1859.</p>
+
+<p class="thin"><b>Smedley, R. C., M. D.</b> History of the Underground Railroad in Chester and
+neighboring Counties of Pennsylvania. Lancaster, Pa., 1883. pp. 395.</p>
+
+<p class="thin"><b>Smith, Gerrit.</b> Argument on the Fugitive Slave Law, June, 1852, on the
+Trial of H. W. Allen for Kidnapping. Syracuse. pp. 32. No date.</p>
+
+<p class="thin"><b>South Bend Fugitive Slave Case, The.</b> (John Ames <i>vs.</i> L. B. Newton.) New
+York. pp. 24.</p>
+
+<p class="thin"><b>Spooner, L.</b> A Defence for Fugitive Slaves against the Acts of Congress of
+Feb. 12, 1793, and Sept. 18, 1850. Boston, 1850. Pam.</p>
+
+<p class="thin"><b>Stearns, Charles.</b> Narrative of Henry Box Brown, who escaped from Slavery
+enclosed in a Box three feet long and two wide. Boston, 1849.</p>
+
+<p class="thin"><b>Stearns, Charles.</b> The "Fugitive Slave Law of the United States."</p>
+
+<p class="thin"><b>Stevens, C. E.</b> Anthony Burns (a Fugitive Slave). A History. Boston, 1856.</p>
+
+<p class="thin"><b>Still, W.</b> The Underground Railroad. Philadelphia, 1872.</p>
+
+<p class="thin"><b>Stroud, G. M.</b> Sketch of Laws relative to Slavery in the several States of
+the United States of America. Philadelphia, 1827. pp. 128.</p>
+
+<p class="thin"><b>Sumner, Charles.</b> Fugitive Slaves. <i>Brownson</i>, XI. 487 (October, 1854).</p>
+
+<p class="thin"><b>Tappan, Arthur.</b> The Life of. New York, 1870.</p>
+
+<p class="thin"><b>Thomas, B. F.</b> A few Suggestions to a Friend upon Personal Liberty Laws
+and Secession (so called), in a Letter to a Friend. Boston, 1861.</p>
+
+<p class="thin"><b>Thompson, George.</b> Prison Life and Reflections, Narrative of Trial,
+Imprisonment, etc. of Work, Burr, and Thompson for aiding Slaves to
+Liberty. Hartford, 1849.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> The Negroes' Flight from American Slavery to British Freedom. 1849.
+pp. 16.</p>
+
+<p class="thin"><b>Watson, Henry.</b> Narrative of Henry Watson, a Fugitive Slave. Written by
+himself. Boston, 1848. pp. 48.</p>
+
+<p class="thin"><b>Weld, S. D.</b> American Slavery as it is: Testimony of Thousands of
+Witnesses. New York, 1839.</p>
+
+<p class="thin"><b>Wesley, Rev. J.</b> The Rev. J. W. Loguen as a Slave and as a Freeman.
+Syracuse, New York, 1859.</p>
+
+<p class="thin"><b>Weston, G. M.</b> Progress of Slavery in the United States. Washington, 1857.</p>
+
+<p class="thin"><b>White Slave, The</b>: Or Memoirs of a Fugitive. Boston, 1852. pp. 408.</p>
+
+<p class="thin"><b>Whittier, John G.</b> The Writings of John G. Whittier. Boston, 1888-89. 7
+vols. 12mo.</p>
+
+<p class="thin"><b>Wigham, E.</b> Antislavery Cause in America and its Martyrs. London, 1863.</p>
+
+<p class="thin"><b>Wilcox, A.</b> The Powers of the Federal Government over Slavery. Baltimore,
+1862. pp. 23.</p>
+
+<p class="thin"><b>Willey, Rev. Austin.</b> History of the Antislavery Cause in State and
+Nation. Portland, 1886. pp. xii, 503.</p>
+
+<p class="thin"><b>Wilson, Henry.</b> History of the Antislavery Measures in the 37th and 38th
+United States Congresses. Boston, 1865.</p>
+
+<p class="thin"><b>&mdash;&mdash;.</b> History of the Rise and Fall of the Slave Power in America. 3 vols.
+Boston, 1875-1877.</p>
+
+<p class="thin"><b>Williams, George W.</b> History of the Negro Race in America. 2 vols. New
+York, 1883.</p>
+
+<p class="thin"><b>Wisconsin Supreme Court.</b> Unconstitutionality of the Fugitive Slave Act.
+Decision in Case of Booth and Bycraft. Milwaukee, 1855.</p>
+
+
+
+
+
+
+
+<h2><span><a id="INDEX"></a>INDEX.</span></h2>
+
+
+<p class="index"><span class="i0">Abolition,</span><br />
+<span class="i1"> in the D. C., <a href="#bia">§ 98,</a> <a href="#ill">C 62,</a> <a href="#abolitio">C 65;</a></span><br />
+<span class="i1"> of the slave trade in the D. C., <a href="#istric">B 25.</a></span><br />
+<span class="i1"> See also <a href="#Antislavery">Antislavery,</a> <a href="#Emancipation">Emancipation.</a></span></p>
+
+<p class="index"><span class="i0">Abolitionists, </span><br />
+<span class="i1">known to slaves, <a href="#Methods_of_escape">§ 63.</a></span><br />
+<span class="i1"> efforts on the Underground Railroad, <a href="#enera">§ 76.</a> </span><br />
+<span class="i1"> See also <a href="#Antislavery">Antislavery.</a></span></p>
+
+<p class="index"><span class="i0">Acorn, ship, <a href="#ims">§ 54.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Act"></a>Act,</span><br />
+<span class="i1"> first fugitive slave, <a href="#ave_Act">B 9;</a></span><br />
+<span class="i1"> second fugitive slave, <a href="#Second">B 31;</a></span><br />
+<span class="i1"> Grimes, <a href="#Grimes">C 51;</a></span><br />
+<span class="i1"> Blair, <a href="#Blair">C 58;</a></span><br />
+<span class="i1"> repealing fugitive slave act, <a href="#repealing">C 83.</a></span><br />
+<span class="i1"> See also <a href="#Bill">Bill.</a></span></p>
+
+<p class="index"><span class="i0">Adams, &mdash;&mdash;,</span><br />
+<span class="i1"> against fugitive slave bill, <a href="#Propositions_from_1817">§ 20.</a></span></p>
+
+<p class="index"><span class="i0">Adams, J. Q.,</span><br />
+<span class="i1"> in Treaty of Ghent Convention, <a href="#atus">§ 22;</a></span><br />
+<span class="i1"> presented petitions, <a href="#atim">§ 44.</a></span></p>
+
+<p class="index"><span class="i0">Advertisement,</span><br />
+<span class="i1"> of runaways, <a href="#Treatment_of_fugitives">§ 3;</a></span><br />
+<span class="i1"> colonial, <a href="#Escapes_in_New_England">§ 5;</a></span><br />
+<span class="i1"> later, <a href="#ndit">§ 65,</a> <a href="#civil_officers">§ 96;</a></span><br />
+<span class="i1"> of probable place of refuge of an habitual runaway, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Albany, </span><br />
+<span class="i1">escapes from, <a href="#al">§ 8,</a> <a href="#anad">A 50.</a></span></p>
+
+<p class="index"><span class="i0">Aldrich, </span><br />
+<span class="i1">amendment, <a href="#Blair">C 58.</a></span></p>
+
+<p class="index"><span class="i0">Alexander, Archer, <a href="#er_Ale">D 69.</a></span></p>
+
+<p class="index"><span class="i0">Alien and Sedition Acts,</span><br />
+<span class="i1"> absorb attention, <a href="#Propositions_of_1797">§ 19.</a></span></p>
+
+<p class="index"><span class="i0">Allen, Henry W., </span><br />
+<span class="i1">tried for kidnapping, <a href="#Jerry_McHenry">§ 58.</a></span></p>
+
+<p class="index"><span class="i0">Amendments to the Constitution, <a href="#thirteenth">§ 104.</a></span></p>
+
+<p class="index"><span class="i0">Amsterdam, </span><br />
+<span class="i1">banishes runaway colonists, <a href="#City_of">A 15.</a></span></p>
+
+<p class="index"><span class="i0">Anderson case, <a href="#Canada_and_Mexico_places_of_refuge">§ 23,</a> <a href="#rson_c">D 65.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Antislavery"></a>Antislavery men,</span><br />
+<span class="i1"> biographies of, <a href="#Biographies">E 4.</a></span></p>
+
+<p class="index"><span class="i0">Antislavery reminiscences, <a href="#Reminiscences">E 9.</a></span></p>
+
+<p class="index"><span class="i0">Antislavery sentiment,</span><br />
+<span class="i1"> rise of, <a href="#ge_in">§ 33.</a></span></p>
+
+<p class="index"><span class="i0">Antislavery societies,</span><br />
+<span class="i1"> character of work, <a href="#erfer">§ 41;</a></span><br />
+<span class="i1"> reports of, <a href="#Reports">E 10.</a></span></p>
+
+<p class="index"><span class="i0">Apprentices, </span><br />
+<span class="i1">fugitive, <a href="#Connect">A 9,</a> <a href="#New_Jer">A 39.</a></span></p>
+
+<p class="index"><span class="i0">Arbitration,</span><br />
+<span class="i1"> in Creole case, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0">Army officers,</span><br />
+<span class="i1"> arrests by, <a href="#discussed_in_Congress">§ 95.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Arrest"></a>Arrest,</span><br />
+<span class="i1"> negro liable to, <a href="#ndit">§ 65;</a></span><br />
+ <span class="i1"> by army officers, <a href="#discussed_in_Congress">§ 95.</a></span></p>
+
+<p class="index"><span class="i0">Articles of Confederation,</span><br />
+<span class="i1"> fugitive slave clause in, <a href="#al">§ 8,</a> <a href="#Ordinance_for_the_Northwest">§ 14,</a> <a href="#Arti">A 8.</a></span></p>
+
+<p class="index"><span class="i0">Articles of war,</span><br />
+<span class="i1"> resolution on, <a href="#olu">C 47;</a></span><br />
+<span class="i1"> bill for an additional, <a href="#discussed_in_Congress">§ 95.</a></span></p>
+
+<p class="index"><span class="i0">Artis, Jordan, </span><br />
+<span class="i1">advertisement of, <a href="#ndit">§ 65.</a></span></p>
+
+<p class="index"><span class="i0">Ashley,</span><br />
+<span class="i1"> repeal bill, <a href="#Early_propositions_to">§ 101,</a> <a href="#repeal">C 80.</a></span></p>
+
+
+<p class="index"><span class="i0">Athenæum,</span><br />
+<span class="i1"> Boston, <a href="#Libraries">E 2.</a></span></p>
+
+<p class="index"><span class="i0">Attorneys, </span><br />
+<span class="i1">to defend fugitives, <a href="#pass">§ 78;</a></span><br />
+<span class="i1"> forbidden to act, <a href="#assach">§ 81.</a></span></p>
+
+<p class="index"><span class="i0">Attucks, Crispus, </span><br />
+<span class="i1">escape of, <a href="#Escapes_in_New_England">§ 5,</a> <a href="#us_At">D 6.</a></span></p>
+
+
+
+
+
+
+<p class="index"><span class="i0">Badger, </span><br />
+<span class="i1">on fugitive slave bill, <a href="#ts_fo">§ 31.</a> </span></p>
+
+<p class="index"><span class="i0">Bahamas, </span><br />
+<span class="i1">treatment of fugitives in, <a href="#atus">§ 22,</a> <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0">Bass,</span><br />
+<span class="i1"> aids S. Northrup, <a href="#olomo">§ 38.</a></span></p>
+
+<p class="index"><span class="i0">Batchelder, James,</span><br />
+<span class="i1"> death of, <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Bath, </span><br />
+<span class="i1">escape from, <a href="#Bath">D 56</a></span></p>
+
+<p class="index"><span class="i0">Bell, Governor. </span><br />
+<span class="i1">See <a href="#Ohio">Ohio.</a></span></p>
+
+<p class="index"><span class="i0">Benton Resolution, <a href="#scapin">B 24.</a></span></p>
+
+<p class="index"><span class="i0">Bermudas,</span><br />
+<span class="i1"> treatment of fugitives in, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Bill"></a>Bill, </span><br />
+<span class="i1">for a new fugitive slave law, </span><br />
+ <span class="i2">reported, <a href="#The_first">§ 17</a>-<a href="#Propositions_from_1817">§ 20,</a> <a href="#Missouri_Compromise">§ 21,</a>
+ <a href="#cti">§ 27;</a></span><br />
+ <span class="i2"> character of, 1802, <a href="#Propositions_of_1797">§ 19;</a></span><br />
+<span class="i2"> principles of, 1818, <a href="#Propositions_of_1797">§ 19</a>-<a href="#Propositions_from_1817">§ 20;</a></span><br />
+ <span class="i1"> for amending, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1"> on Maryland resolutions, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+<span class="i1"> Douglas's, <a href="#Douglas">C 17;</a></span><br />
+<span class="i1"> Lovejoy's, <a href="#ovejo">C 35,</a> <a href="#ejoy">C 66;</a></span><br />
+<span class="i1"> Wilson's, <a href="#cipat">C 42,</a> <a href="#ilso">C 48,</a> <a href="#Wils">C 54,</a> <a href="#al_the_bl">C 56;</a></span><br />
+<span class="i1"> Howe's, <a href="#Howe">C 49;</a></span><br />
+<span class="i1"> Davis's <a href="#Davis">C 50,</a> <a href="#endments">C 57;</a></span><br />
+<span class="i1"> confiscation, <a href="#House_con">C 68,</a> <a href="#Clark">C 72,</a> <a href="#fisca">C 73,</a> <a href="#Progress">C 79;</a></span><br />
+ <span class="i1"> abolition, <a href="#ill">C 62,</a> <a href="#abolitio">C 65;</a></span><br />
+ <span class="i1"> Harris's, <a href="#Harri">C 59,</a> <a href="#cat">C 67,</a> <a href="#arri">C 71;</a></span><br />
+ <span class="i1"> Clark's, <a href="#Clark">C 72;</a></span><br />
+ <span class="i1"> Julian's, <a href="#Julian">C 45,</a> <a href="#lia">C 76;</a></span><br />
+ <span class="i1"> emancipation, <a href="#fisca">C 73,</a> <a href="#cipa">C 75,</a> <a href="#disloyal">C 78;</a></span><br />
+<span class="i1"> repeal, <a href="#repeal">C 80;</a></span><br />
+<span class="i1"> Stevens's, <a href="#repeal">C 80;</a></span><br />
+<span class="i1"> Ashley's, <a href="#repeal">C 80;</a></span><br />
+<span class="i1"> Sumner's, <a href="#repeal">C 80,</a> <a href="#repealing">C 83;</a></span><br />
+<span class="i1"> Spalding's, <a href="#repeal">C 80;</a></span><br />
+<span class="i1"> House substitute, <a href="#repealing">C 83.</a></span><br />
+<span class="i1"> See also <a href="#Act">Acts.</a></span></p>
+
+<p class="index"><span class="i0">Bingham, &mdash;&mdash;, </span><br />
+<span class="i1">on Blair bill, <a href="#discussed_in_Congress">§ 95;</a></span><br />
+ <span class="i1"> resolutions, <a href="#jails_in_the_District">§ 97,</a> <a href="#ingha">C 39;</a></span><br />
+ <span class="i1"> amendments, <a href="#Blair">C 58,</a> <a href="#cat">C 67.</a></span></p>
+
+<p class="index"><span class="i0">Black Code, in the D. C., </span><br />
+<span class="i1">resolution on, <a href="#ck_cod">C 33;</a></span><br />
+<span class="i1"> bill to repeal, <a href="#al_the_bl">C 56.</a></span></p>
+
+<p class="index"><span class="i0">Blair, &mdash;&mdash;, </span><br />
+<span class="i1">bill, <a href="#discussed_in_Congress">§ 95;</a> </span><br />
+<span class="i1">Act, <a href="#Blair">C 58.</a></span></p>
+
+<p class="index"><span class="i0">Blake, &mdash;&mdash;,</span><br />
+<span class="i1"> introduces repeal bill, <a href="#repeal_or_amend">§ 87.</a></span></p>
+
+<p class="index"><span class="i0">Boston massacre, </span><br />
+<span class="i1">Attucks killed in, <a href="#Escapes_in_New_England">§ 5.</a></span></p>
+
+<p class="index"><span class="i0">Boston, schooner, </span><br />
+<span class="i1">case of, <a href="#Boston_and_Isaac">§ 47,</a> <a href="#er_Bo">D 21.</a></span></p>
+
+<p class="index"><span class="i0">Boucher, Rev. John,</span><br />
+<span class="i1"> on Washington's education, <a href="#Elem">§ 1.</a></span></p>
+
+<p class="index"><span class="i0">Bound servants, </span><br />
+<span class="i1">escape from Virginia, <a href="#Intercolonial_cases">§ 9.</a></span></p>
+
+<p class="index"><span class="i0">Bourne, &mdash;&mdash;,</span><br />
+<span class="i1">appointed on committee, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0">Bowditch, H. I. </span><br />
+<span class="i1">See <a href="#journal">Latimer Journal.</a></span></p>
+
+<p class="index"><span class="i0">Boyle, &mdash;&mdash;, </span><br />
+<span class="i1">Brigadier General in Sherwood case, <a href="#ypic">§ 94.</a></span></p>
+
+<p class="index"><span class="i0">Bright, &mdash;&mdash;,</span><br />
+<span class="i1"> Explanatory Bill, <a href="#expla">B 34.</a></span></p>
+
+<p class="index"><span class="i0">Brown, </span><br />
+<span class="i1"> on repeal bill, <a href="#in_the_Senate">§ 103.</a></span></p>
+
+<p class="index"><span class="i0">Brown, John, </span><br />
+<span class="i1">in Missouri and Kansas, <a href="#Kansas_1858">§ 62;</a></span><br />
+ <span class="i1"> plan of, <a href="#Kansas_1858">§ 62;</a></span><br />
+ <span class="i1"> effect of raid, <a href="#ussi">§ 102;</a></span><br />
+ <span class="i1"> case, <a href="#Raid">D 63.</a></span></p>
+
+<p class="index"><span class="i0">Brown, Mary, </span><br />
+<span class="i1">demands arrest of Hamlet, <a href="#Hamlet_case">§ 53.</a></span></p>
+
+<p class="index"><span class="i0">Browne, William, </span><br />
+<span class="i1">story of escapes, <a href="#Intercolonial_cases">§ 9.</a></span></p>
+
+<p class="index"><span class="i0">Browne, William, </span><br />
+<span class="i1">a runaway, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Buchanan, James,</span><br />
+<span class="i1"> presidential message of, <a href="#Propositions_to_enforce">§ 86,</a> <a href="#chanan">C 1.</a></span></p>
+
+<p class="index"><span class="i0">Burnett, Governor,</span><br />
+<span class="i1"> conference with Indians, demands slave, <a href="#al">§ 8.</a></span></p>
+
+<p class="index"><span class="i0">Burns, Anthony, </span><br />
+<span class="i1">arrest and trial, <a href="#urns">§ 55,</a> <a href="#rns_ca">D 57;</a></span><br />
+<span class="i1"> use of court-house in his case, <a href="#assach">§ 81.</a></span></p>
+
+<p class="index"><span class="i0">Butler, &mdash;&mdash;, </span><br />
+<span class="i1">proposition on fugitive slave clause, <a href="#giti">§ 15;</a></span><br />
+<span class="i1"> on fugitive slave bill, <a href="#ts_fo">§ 31;</a> </span><br />
+<span class="i1"> reports fugitive slave bill, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">Butler, General B. F., </span><br />
+<span class="i1">on "contrabands," <a href="#The_q">§ 88.</a></span></p>
+
+
+
+
+
+
+<p class="index"><span class="i0">Calhoun, </span><br />
+<span class="i1">Resolution, <a href="#on_the_high_seas">§ 24,</a> <a href="#alhoun">B 20.</a></span></p>
+
+<p class="index"><span class="i0">California,</span><br />
+<span class="i1"> sanctions rendition, <a href="#occa">§ 80.</a></span></p>
+
+<p class="index"><span class="i0">Calvert, </span><br />
+<span class="i1">appointed on committee, made chairman, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0">Cape May,</span><br />
+<span class="i1"> escapes to, <a href="#pe_of">D 3.</a></span></p>
+
+<p class="index"><span class="i0">Carlisle,</span><br />
+<span class="i1"> fugitive slave case in, <a href="#Philadelphia_and_Kennedy">§ 43.</a></span></p>
+
+<p class="index"><span class="i0">Cases, legal, </span><br />
+<span class="i1">change in character of, <a href="#ge_in">§ 33;</a></span><br />
+<span class="i1"> classification of, <a href="#ge_in">§ 33;</a></span><br />
+<span class="i1"> principle of selection of, <a href="#ncip">§ 52.</a></span></p>
+
+<p class="index"><span class="i0">Certificate,</span><br />
+<span class="i1"> evidence for conviction, <a href="#al">§ 8.</a></span></p>
+
+<p class="index"><span class="i0">Chandler, Zachary,</span><br />
+<span class="i1"> introduces confiscation bill, <a href="#Confiscation_bills">§ 90;</a></span><br />
+<span class="i1"> confiscation act, <a href="#Chan">C 31.</a></span></p>
+
+<p class="index"><span class="i0">Chase, S. P.,</span><br />
+<span class="i1"> on fugitive slave law, <a href="#ts_ag">§ 32;</a></span><br />
+<span class="i1"> on payments under law of 1850, <a href="#Chase">B 38;</a></span><br />
+<span class="i1"> offers amendments, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">Cherokees. </span><br />
+<span class="i1">See <a href="#Tre">Treaty.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Chickasaws"></a>Chickasaws.</span><br />
+<span class="i1"> See <a href="#Tre">Treaty.</a></span></p>
+
+<p class="index"><span class="i0">Chickasaw case, <a href="#ickas">§ 42,</a> <a href="#aw_re">D 20.</a></span></p>
+
+<p class="index"><span class="i0">Christiana case, <a href="#Christiana">§ 60,</a> <a href="#ana_ca">D 49;</a></span><br />
+<span class="i1"> influence traced, <a href="#Christiana">§ 60.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Choctaws"></a>Choctaws. </span><br />
+<span class="i1">See <a href="#Tre">Treaty.</a></span></p>
+
+<p class="index"><span class="i0">Clarence, &mdash;&mdash;,</span><br />
+<span class="i1">joint resolution, <a href="#Clarence">C 23.</a></span></p>
+
+<p class="index"><span class="i0">Clark, &mdash;&mdash;, </span><br />
+<span class="i1">reports confiscation bill, <a href="#provisions_extended">§ 91;</a></span><br />
+<span class="i1"> substitute, <a href="#provisions_extended">§ 91;</a></span><br />
+<span class="i1"> resolution, <a href="#expla">B 34;</a></span><br />
+ <span class="i1"> amendments, <a href="#Grimes">C 51;</a> <a href="#disloyal">C 78;</a></span><br />
+ <span class="i1"> confiscation bill, <a href="#Clark">C 72.</a></span></p>
+
+<p class="index"><span class="i0">Clarke, J. F.,</span><br />
+<span class="i1"> quoted, <a href="#Unpopularity">§ 51,</a> <a href="#urns">§ 55,</a> <a href="#the_N">§ 67,</a> <a href="#ts_of">§ 73.</a></span></p>
+
+<p class="index"><span class="i0">Clay, Henry, </span><br />
+<span class="i1">see <a href="#Gallatin">Gallatin</a>;</span><br />
+ <span class="i1"> provision on fugitives, <a href="#Act_1850">§ 29;</a></span><br />
+ <span class="i1"> on Shadrach case, <a href="#adrac">§ 57,</a> <a href="#Clay">B 33;</a></span><br />
+ <span class="i1"> amendment, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">Cochrane, </span><br />
+<span class="i1">joint resolution, <a href="#Cochra">C 2.</a></span></p>
+
+<p class="index"><span class="i0">Colfax, Schuyler,</span><br />
+<span class="i1"> resolution, <a href="#Colfax">C 77.</a></span></p>
+
+<p class="index"><span class="i0">Collamer, &mdash;&mdash;, </span><br />
+<span class="i1">amendments, <a href="#endme">C 53,</a> <a href="#cat">C 67.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Colonial_regulation"></a>Colonial regulation,</span><br />
+<span class="i1"> began early, <a href="#egula">§ 2;</a></span><br />
+<span class="i1"> cases, <a href="#Elem">§ 1</a>-<a href="#mother_country">§ 12;</a></span><br />
+<span class="i1"> legislation, <a href="#APPENDIX_A">Appendix A.</a></span></p>
+
+<p class="index"><span class="i0">Colonists,</span><br />
+<span class="i1"> runaway, <a href="#City_of">A 15.</a></span></p>
+
+<p class="index"><span class="i0">Colony, </span><br />
+<span class="i1">of fugitives, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Columbia, </span><br />
+<span class="i1">case in, <a href="#Columbia_case">D 15.</a></span></p>
+
+<p class="index"><span class="i0">Comet case, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0">Commissioners,</span><br />
+<span class="i1"> of United Colonies, complain of fugitives, <a href="#International_cases">§ 11;</a></span><br />
+ <span class="i1"> duty of, <a href="#Provisions_of_the_second">§ 30.</a></span></p>
+
+<p class="index"><span class="i0">Committee, </span><br />
+<span class="i1"> for a new fugitive slave law, <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> on the fugitive slave law, <a href="#The_first">§ 17</a>-<a href="#Missouri_Compromise">§ 21,</a> <a href="#on_the_high_seas">§ 24;</a></span><br />
+<span class="i1"> on Maryland resolution, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+<span class="i1"> to prevent outrages, <a href="#Ottoman_case">§ 45;</a></span><br />
+<span class="i1"> conference, <a href="#provisions_extended"> § 91;</a></span><br />
+<span class="i1"> amendments by, <a href="#Chan">C 31,</a> <a href="#ilso">C 48,</a> <a href="#Grimes">C 51;</a></span><br />
+<span class="i1"> on judiciary, instructed, <a href="#cti">§ 27;</a></span><br />
+<span class="i1"> report a fugitive slave law, <a href="#cti">§ 27.</a></span></p>
+
+<p class="index"><span class="i0">Compromise,</span><br />
+<span class="i1"> resolution affirming, <a href="#Fitch">B 35;</a></span><br />
+ <span class="i1"> fugitive slave act, <a href="#ompromis">C 25.</a></span></p>
+
+<p class="index"><span class="i0">Conferences,</span><br />
+<span class="i1"> between Indians and the Governor of New York, <a href="#al">§ 8.</a></span></p>
+
+<p class="index"><span class="i0">Confiscation, </span><br />
+<span class="i1">of slaves of rebels, <a href="#ry_at">§ 89;</a></span><br />
+<span class="i1"> report on, <a href="#Judiciary_Committee">C 60;</a></span><br />
+<span class="i1"> bill, <a href="#Confiscation_bills">§ 90,</a> <a href="#provisions_extended">§ 91;</a></span><br />
+<span class="i1"> amendments, <a href="#Confiscation_bills">§ 90;</a></span><br />
+<span class="i1"> provisions extended, <a href="#Confiscation_bills">§ 90,</a> <a href="#provisions_extended">§ 91;</a></span><br />
+<span class="i1"> presented, <a href="#Confiscation_bills">§ 90,</a> <a href="#provisions_extended">§ 91;</a></span><br />
+<span class="i1"> act approved by President, <a href="#provisions_extended"> § 91;</a></span><br />
+<span class="i1"> Trumbull's, <a href="#cation_B">C 30,</a> <a href="#onfisc">C 37,</a> <a href="#umbu">C 52;</a></span><br />
+<span class="i1"> Chandler's, <a href="#Chan">C 31;</a></span><br />
+<span class="i1"> Davis's, <a href="#Davis">C 50;</a></span><br />
+<span class="i1"> coupled with emancipation, <a href="#Love">C 44,</a> <a href="#lio">C 69,</a> <a href="#fisca">C 73;</a></span><br />
+<span class="i1"> amendments to, <a href="#endments">C 57,</a> <a href="#cat">C 67,</a> <a href="#arri">C 71;</a></span><br />
+<span class="i1"> Harris's, <a href="#Harri">C 59,</a> <a href="#herma">C 63,</a> <a href="#cat">C 67,</a> <a href="#arri">C 71;</a></span><br />
+<span class="i1"> Clark's, <a href="#Clark">C 72;</a></span><br />
+<span class="i1"> progress of, <a href="#Progress">C 79;</a></span><br />
+ <span class="i1"> Morrill's joint resolution, <a href="#orril">C 40.</a></span></p>
+
+<p class="index"><span class="i0">Congress, </span><br />
+<span class="i1">action of, from 1847 to 1850, <a href="#cti">§ 27.</a></span></p>
+
+<p class="index"><span class="i0">Connecticut,</span><br />
+<span class="i1">legislation in, <a href="#Regulations_in_New_England">§ 4;</a></span><br />
+<span class="i1"> in the New England confederation, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> offers reward, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> emancipation in, <a href="#Ordinance_for_the_Northwest">§ 14;</a></span><br />
+ <span class="i1"> Personal Liberty Laws in, <a href="#pass">§ 78,</a> <a href="#ssed">§ 79,</a> <a href="#ew_of">§ 82;</a></span><br />
+ <span class="i1"> servants in, <a href="#Connect">A 9;</a></span><br />
+ <span class="i1"> against runaways, <a href="#Conn">A 67,</a> <a href="#Escape_of">A 78,</a> <a href="#Pursuit_of">A 79.</a></span></p>
+
+<p class="index"><span class="i0">Constitution, </span><br />
+<span class="i1">fugitive slave clause in, <a href="#Effe">§ 16,</a> <a href="#tution">B 7;</a></span><br />
+ <span class="i1"> defended slavery, <a href="#Effe">§ 16;</a></span><br />
+ <span class="i1"> amendments proposed, <a href="#Peace_Convention">C 22.</a></span></p>
+
+<p class="index"><span class="i0">Constitution<a id="al_Co"></a>al Convention,</span><br />
+<span class="i1"> fugitive question in, <a href="#giti">§ 15.</a></span></p>
+
+<p class="index"><span class="i0">Contrabands, </span><br />
+<span class="i1">origin of term, <a href="#The_q">§ 88.</a></span></p>
+
+<p class="index"><span class="i0">Convention,</span><br />
+<span class="i1"> in Treaty of Ghent, <a href="#atus">§ 22.</a></span><br />
+<span class="i1"> See also <a href="#al_Co">Constitutional Convention.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Conviction"></a>Conviction of a fugitive,</span><br />
+<span class="i1"> evidence necessary, <a href="#Disc">§ 18.</a></span></p>
+
+<p class="index"><span class="i0">Cooledge, N., </span><br />
+<span class="i1">in Latimer case, <a href="#atim"> § 44.</a></span></p>
+
+<p class="index"><span class="i0">Court, </span><br />
+<span class="i1">Commissioners, how chosen, <a href="#Provisions_of_the_second">§ 30.</a></span><br />
+<span class="i1"> See also <a href="#Conviction">Conviction,</a> <a href="#Trial">Trials.</a></span></p>
+
+<p class="index"><span class="i0">Court-house </span><br />
+<span class="i1">assaulted, <a href="#Jerry_McHenry">§ 58.</a></span></p>
+
+<p class="index"><span class="i0">Cowden, Colonel,</span><br />
+ <span class="i1">in Wisdom case, <a href="#ypic">§ 94.</a></span></p>
+
+<p class="index"><span class="i0">Cox, &mdash;&mdash;,</span><br />
+<span class="i1"> resolution, <a href="#Cox">C 5;</a></span><br />
+<span class="i1"> on repeal bill, <a href="#ussi">§ 102.</a></span></p>
+
+<p class="index"><span class="i0">Crafts, William and Lucy, </span><br />
+<span class="i1">escape of, <a href="#Fugitives_disguised">§ 69,</a> <a href="#afts">D 41.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Creek_Indians"></a>Creek Indians,</span><br />
+<span class="i1"> escapes to, <a href="#al">§ 8;</a></span><br />
+ <span class="i1"> treaty with, <a href="#atus">§ 22;</a></span><br />
+ <span class="i1">restoration clause in treaty, <a href="#on_of_sl">B 11.</a></span></p>
+
+<p class="index"><span class="i0">Creole, case of, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0">Crittenden, </span><br />
+<span class="i1">joint resolution, <a href="#Crittende">C 13,</a> <a href="#Crittenden">C 24.</a></span></p>
+
+<p class="index"><span class="i0">Curtis, Commissioner, <a href="#ims">§ 54.</a></span></p>
+
+<p class="index"><span class="i0">Curtis, Judge, </span><br />
+<span class="i1">trial of, <a href="#urns">§ 55.</a></span></p>
+
+
+
+
+<p class="index"><span class="i0">Dagget amendment, <a href="#Propositions_of_1797">§ 19,</a> <a href="#for_del">B 14.</a></span></p>
+
+<p class="index"><span class="i0">Dana, R. H.,</span><br />
+<span class="i1"> defends Burns, <a href="#urns">§ 55;</a></span></p>
+
+<p class="index"><span class="i0">Daniel,</span><br />
+<span class="i1"> offered for sale, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Davis, </span><br />
+<span class="i1">amendment, <a href="#lative">B 30;</a></span><br />
+<span class="i1"> bill, <a href="#Davis">C 50;</a></span><br />
+<span class="i1"> substitute bill, <a href="#endments">C 57;</a></span><br />
+<span class="i1"> amendments, <a href="#Blair">C 58.</a></span></p>
+
+<p class="index"><span class="i0">Davis, Charles G., </span><br />
+<span class="i1">in Shadrach case, <a href="#adrac">§ 57.</a></span></p>
+
+<p class="index"><span class="i0">Dayton amendment, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">Debate,</span><br />
+<span class="i1"> on fugitive slave clause in the constitution, <a href="#giti">§ 15;</a></span><br />
+ <span class="i1"> on fugitive slave bill, <a href="#The_first">§ 17</a>-<a href="#Propositions_of_1797">§ 19;</a></span><br />
+ <span class="i1"> on the slave trade, <a href="#Propositions_of_1797"> § 19;</a></span><br />
+ <span class="i1"> on the fugitive slave act, <a href="#Propositions_of_1797">§ 19,</a> <a href="#Propositions_from_1817">§ 20;</a></span><br />
+ <span class="i1"> on the admission of Missouri, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+ <span class="i1"> on slavery in the D. C., <a href="#in_the_District">§ 28;</a></span><br />
+ <span class="i1"> on the fugitive slave law of 1850, <a href="#ts_fo">§ 31,</a> <a href="#ts_ag">§ 32.</a></span></p>
+
+<p class="index"><span class="i0">De Bere, John, </span><br />
+<span class="i1">in Shadrach case, <a href="#adrac">§ 57.</a></span></p>
+
+<p class="index"><span class="i0">Delaware,</span><br />
+<span class="i1"> regulation of servants and slaves, <a href="#Delaw">A 70.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Delawares"></a>Delawares,</span><br />
+<span class="i1"> fugitive slave clause in treaty, <a href="#gitive">B 1.</a></span></p>
+
+<p class="index"><span class="i0">Diggs, S. T. P., </span><br />
+<span class="i1">in Anderson case, <a href="#Canada_and_Mexico_places_of_refuge">§ 23.</a></span></p>
+
+<p class="index"><span class="i0">Dismal Swamp, </span><br />
+<span class="i1">refuge for fugitive, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0"><a id="District_of_Columbia"></a>District of Columbia,</span><br />
+<span class="i1"> slavery in, <a href="#in_the_District">§ 28;</a></span><br />
+ <span class="i1"> repeal of jail laws in, <a href="#jails_in_the_District">§ 97,</a> <a href="#bia">§ 98;</a></span><br />
+ <span class="i1"> Grimes's bill, <a href="#jails_in_the_District">§ 97,</a> <a href="#bia">§ 98;</a></span><br />
+ <span class="i1"> debate on abolition of slavery in, <a href="#bia">§ 98;</a></span><br />
+ <span class="i1"> resolution on repeal of the Black Code in, <a href="#ck_cod">C 33;</a></span><br />
+<span class="i1"> bill for emancipation in, <a href="#cipat">C 42</a>;</span><br />
+<span class="i1"> act on criminal justice in, <a href="#Grimes">C 51;</a></span><br />
+<span class="i1"> bill, <a href="#Wils">C 54;</a></span><br />
+<span class="i1">bill to repeal Black Code in, <a href="#al_the_bl">C 56;</a></span><br />
+ <span class="i1"> bill for the abolition of slavery in, <a href="#ill">C 62,</a> <a href="#abolitio">C 65.</a></span></p>
+
+<p class="index"><span class="i0">Drayton, &mdash;&mdash;, Captain,</span><br />
+<span class="i1"> aids fugitives, <a href="#and_Walker_cases">§ 50.</a></span></p>
+
+<p class="index"><span class="i0">Drayton and Sayres,</span><br />
+<span class="i1"> case of, <a href="#and_Walker_cases">§ 50,</a> <a href="#d_Say">D 40.</a></span></p>
+
+<p class="index"><span class="i0">Douglass, Frederick,</span><br />
+<span class="i1"> method of escape, <a href="#protection_papers">§ 68,</a> <a href="#Formal">§ 75,</a> <a href="#Douglass">D 23.</a></span></p>
+
+<p class="index"><span class="i0">Douglas, Stephen A.,</span><br />
+<span class="i1"> joint resolution, <a href="#Doug">C 14.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Dutch_Colonies"></a>Dutch Colonies, </span><br />
+<span class="i1">along the coast, <a href="#Elem">§ 1;</a></span><br />
+ <span class="i1"> regulations on fugitives, <a href="#egula">§ 2,</a> <a href="#Regulations_in_New_England">§ 4;</a></span><br />
+ <span class="i1"> legislation in, <a href="#Dutch_regulations_in_New">§ 6.</a></span><br />
+<span class="i1"> See also <a href="#New_Amsterdam">New Amsterdam,</a> <a href="#New_Netherlands">New Netherlands.</a></span></p>
+
+
+
+<p class="index"><span class="i0">East Jersey, </span><br />
+<span class="i1">against fugitives, <a href="#egula">§ 2,</a> <a href="#East_New_J">A 41;</a></span><br />
+ <span class="i1"> against runaways, <a href="#ast_N">A 45.</a></span></p>
+
+<p class="index"><span class="i0">Eldridge, Captain, of brig Chickasaw, <a href="#ickas">§ 42.</a></span></p>
+
+
+<p class="index"><span class="i0">Eliot, &mdash;&mdash;,</span><br />
+<span class="i1"> introduces confiscation bill, <a href="#provisions_extended">§ 91;</a> </span><br />
+<span class="i1">bill, <a href="#lio">C 69</a> </span><br />
+<span class="i1">substitute bill, <a href="#disloyal">C 78.</a></span></p>
+
+<p class="index"><span class="i0">Elton, Governor, </span><br />
+<span class="i1">action in fugitive slave case, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Emancipation"></a>Emancipation,</span><br />
+<span class="i1"> in Great Britain, <a href="#on_the_high_seas">§ 24;</a></span><br />
+<span class="i1"> resolutions on, <a href="#provisions_extended">§ 91;</a></span><br />
+<span class="i1">in the District of Columbia, <a href="#cipat">C 42;</a></span><br />
+<span class="i1"> bill, <a href="#cipa">C 75;</a></span><br />
+<span class="i1"> coupled with confiscation, <a href="#Love">C 44,</a> <a href="#lio">C 69,</a> <a href="#fisca">C 73;</a></span><br />
+<span class="i1"> of fugitives from disloyal masters, bill for, <a href="#disloyal">C 78.</a></span></p>
+
+<p class="index"><span class="i0">Emancipation proclamation, </span><br />
+<span class="i1">effect of, as a war measure, <a href="#the_E">§ 92.</a></span></p>
+
+<p class="index"><span class="i0">Encomium, case of, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0"><a id="England"></a>England.</span><br />
+<span class="i1"> See <a href="#Great_Britain">Great Britain.</a></span></p>
+
+<p class="index"><span class="i0">English, &mdash;&mdash;, </span><br />
+<span class="i1">joint resolution, <a href="#Engl">C 8.</a></span></p>
+
+<p class="index"><span class="i0">English colonies, <a href="#Elem">§ 1.</a> </span><br />
+<span class="i1">See <a href="#Colonial_regulation">Colonies.</a></span></p>
+
+<p class="index"><span class="i0">Enterprise, case of, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Escape"></a>Escape,</span><br />
+<span class="i1"> by ferries, <a href="#Regulations_in_New_England">§ 4;</a> </span><br />
+<span class="i1">methods of investigation of, <a href="#Methods_of_escape">§ 63;</a></span><br />
+<span class="i1"> methods of, <a href="#Methods_of_escape">§ 63;</a> </span><br />
+<span class="i1">motives for, <a href="#ason">§ 64;</a></span><br />
+<span class="i1"> to the woods, <a href="#wood">§ 66;</a></span><br />
+<span class="i1"> to the North, <a href="#the_N">§ 67;</a> </span><br />
+<span class="i1">by laundry work, <a href="#the_N">§ 67;</a></span><br />
+<span class="i1"> by coach, <a href="#Fugitives_disguised">§ 69;</a></span><br />
+<span class="i1"> by passports, <a href="#Formal">§ 75;</a></span><br />
+<span class="i1"> general effect of, <a href="#enera">§ 76;</a></span><br />
+<span class="i1"> from English to French, <a href="#to_Fr">D 5.</a></span><br />
+<span class="i1"> See also <a href="#Fugitives">Fugitives,</a> <a href="#Runaways">Runaways.</a></span></p>
+
+<p class="index"><span class="i0">Extradition, </span><br />
+<span class="i1">no system of, in the colonies, <a href="#Intercolonial_cases">§ 9.</a></span></p>
+
+
+
+
+
+
+<p class="index"><span class="i0">False testimony, </span><br />
+<span class="i1">punished, <a href="#ew_of">§ 82.</a></span></p>
+
+<p class="index"><span class="i0">Faneuil Hall,</span><br />
+<span class="i1"> mass meetings in, <a href="#atim">§ 44,</a> <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Fee, </span><br />
+<span class="i1">of commissioners, <a href="#Provisions_of_the_second">§ 30.</a></span></p>
+
+<p class="index"><span class="i0">Felons, </span><br />
+<span class="i1">runaway apprentices, <a href="#apprentices_felons">A 4.</a></span></p>
+
+<p class="index"><span class="i0">Felony,</span><br />
+<span class="i1">when guilty of, <a href="#ew_of">§ 82.</a></span></p>
+
+<p class="index"><span class="i0">Ferries,</span><br />
+<span class="i1"> escapes by, <a href="#Regulations_in_New_England">§ 4.</a> </span></p>
+
+<p class="index"><span class="i0">Fessenden, &mdash;&mdash;, </span><br />
+<span class="i1">requests investigation of the District of Columbia jail, <a href="#jails_in_the_District">§ 97,</a> <a href="#essende">C 38.</a></span></p>
+
+<p class="index"><span class="i0">Fitch, &mdash;&mdash;, </span><br />
+<span class="i1">resolutions affirming the Compromise, <a href="#ovejo">B 35.</a></span></p>
+
+<p class="index"><span class="i0">Florence, &mdash;&mdash;, </span><br />
+<span class="i1">joint resolutions, <a href="#Floren">C 15,</a> <a href="#Florence">C 18.</a></span></p>
+
+<p class="index"><span class="i0">Florida, </span><br />
+<span class="i1">escapes to, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> Seminole trouble in, <a href="#Canada_and_Mexico_places_of_refuge">§ 23.</a></span></p>
+
+<p class="index"><span class="i0">Fortress Monroe, </span><br />
+<span class="i1">contrabands at, <a href="#The_q">§ 88.</a></span></p>
+
+<p class="index"><span class="i0">Free negroes, </span><br />
+<span class="i1">penalty for harboring fugitives, <a href="#Regulations_in_New_England"> § 4;</a> </span><br />
+<span class="i1">condition of, <a href="#app">§ 25.</a></span></p>
+
+<p class="index"><span class="i0">Free States, </span><br />
+<span class="i1">difficulty of transporting slaves across, <a href="#ng_ca"> § 36.</a></span></p>
+
+<p class="index"><span class="i0">French colonies, </span><br />
+<span class="i1">interval of unpopulated country south, <a href="#Elem">§&nbsp;1;</a> </span><br />
+<span class="i1">refuse to return fugitives, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0">Friendship, ship, case of, <a href="#Escapes_in_New_England">§ 5,</a>
+ <a href="#ip_Fr">D 10.</a></span></p>
+
+<p class="index"><span class="i0">Frontiers, </span><br />
+<span class="i1">places of refuge, <a href="#Canada_and_Mexico_places_of_refuge">§ 23.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive apprentices,</span><br />
+<span class="i1">act applies to, <a href="#Disc">§ 18.</a></span><br />
+<span class="i1"> See also <a href="#Servants">servants.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Fugitives"></a>Fugitives,</span><br />
+<span class="i1"> evidence to convict, <a href="#Propositions_of_1797">§ 19;</a> </span><br />
+<span class="i1">status on the high seas, <a href="#on_the_high_seas">§ 24;</a> </span><br />
+<span class="i1">penalty for harboring, <a href="#Provisions_of_the_second">§ 30,</a> <a href="#Harboring">A 80;</a></span><br />
+<span class="i1"> pursuit interfered with, <a href="#erfer">§ 41;</a> </span><br />
+<span class="i1">length of journeys, <a href="#the_N">§ 67;</a></span><br />
+<span class="i1"> disguised as whites, <a href="#Fugitives_disguised">§ 69;</a> </span><br />
+<span class="i1">how conducted on the underground railroad, <a href="#ds_pu">§ 72;</a></span><br />
+<span class="i1"> in loyal slave states, <a href="#in_lo">§ 93;</a> </span><br />
+<span class="i1">typical cases of, during the war, <a href="#ypic">§ 94;</a></span><br />
+<span class="i1">arrests of, by civil officers, advertisement of, <a href="#civil_officers">§ 96;</a></span><br />
+<span class="i1"> entertainment of, <a href="#ainm">A 6;</a></span><br />
+<span class="i1"> against, <a href="#ylan">A 11,</a> <a href="#yland">A 12;</a></span><br />
+<span class="i1"> resolution for the discharge of, <a href="#nahan">C 32;</a></span><br />
+<span class="i1"> bill to prevent return of, <a href="#ovejo">C 35;</a></span><br />
+<span class="i1"> resolution against the return of, <a href="#against">C 43,</a> <a href="#Shank">C 46;</a></span><br />
+<span class="i1"> bill on the arrest of, by army and navy officers, <a href="#ilso">C 48;</a></span><br />
+<span class="i1"> act to prohibit return by the army, <a href="#Blair">C 58;</a> </span><br />
+<span class="i1">resolution on the return of, by the army and navy,</span><br />
+<span class="i2"> bill on the return of, by the army,</span><br />
+<span class="i2"> resolution demanding trial by jury for, <a href="#Resolu">C 61,</a> <a href="#ejoy">C 66,</a> <a href="#Colfax">C 77;</a></span><br />
+<span class="i1"> bill for the emancipation of fugitives from disloyal masters, <a href="#disloyal">C 78.</a> </span><br />
+<span class="i1">See also <a href="#Runaways">Runaways,</a> <a href="#Escape">Escapes;</a></span><br />
+<span class="i1"> see <a href="#CONTENTS">Table of Contents.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slaves,</span><br />
+<span class="i1"> appeal for, <a href="#Propositions_of_1797">§ 19;</a></span><br />
+<span class="i1"> status of question from 1823 to 1847, <a href="#Propositions_from_1817">§ 20,</a> <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+<span class="i1"> resolutions on, <a href="#discussed_in_Congress">§ 95;</a></span><br />
+<span class="i1"> question discussed, <a href="#discussed_in_Congress">§ 95;</a></span><br />
+<span class="i1"> arrest by army officers, <a href="#discussed_in_Congress">§ 95;</a></span><br />
+<span class="i1"> resolutions on the return of,</span><br />
+<span class="i2"> resolution on army orders on, <a href="#Powell">C 28,</a> <a href="#on_Army">C 36;</a> </span><br />
+<span class="i1">resolution on, <a href="#Sumner">C 74;</a> </span><br />
+<span class="i1">sources of information on,</span><br />
+<span class="i2"> general histories of, <a href="#Sources">E 1,</a> <a href="#Secondary_works">E 3;</a> </span><br />
+<span class="i1"> secondary sources of information on,</span><br />
+<span class="i2"> original sources of information on,</span><br />
+<span class="i2">autobiographies of,</span><br />
+<span class="i2"> records of trials of, </span><br />
+<span class="i2">periodicals and newspapers upon, <a href="#Secondary_works">E 3,</a> <a href="#Original_sources">E 5,</a> <a href="#Slave_autobiographies">E 6,</a> <a href="#Records_of_trials">E 7,</a> <a href="#Periodicals">E 11;</a></span><br />
+<span class="i1"> materials for study of legislation upon, <a href="#Materials">E 12.</a></span><br />
+<span class="i1"> See also <a href="#Escape">Escapes,</a> <a href="#Fugitives">Fugitives,</a> <a href="#Runaways">Runaways,</a> and <a href="#CONTENTS">Table of Contents.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Act, first (1793), <a href="#Effe">§ 16,</a> <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> first called for, <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> necessity of the act, <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> passed the Senate, passed the House, <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> signed by the President, <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> text, <a href="#ave_Act">B 9;</a></span><br />
+<span class="i1"> followed earlier examples, <a href="#The_first">§ 17,</a> <a href="#Disc">§ 18;</a></span><br />
+<span class="i1"> status of opinion on, <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> remained inoperative, <a href="#Effe">§ 16,</a> <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> to enforce the, <a href="#more_eff">B 29.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Act, second (1850),</span><br />
+<span class="i1"> attempts to secure, <a href="#Propositions_from_1817">§ 20,</a> <a href="#Missouri_Compromise">§ 21;</a></span><br />
+<span class="i1"> secured, <a href="#Act_1850">§ 29;</a></span><br />
+<span class="i1"> introduced by Mason, <a href="#Act_1850">§ 29,</a> <a href="#lative">B 30;</a></span><br />
+<span class="i1"> Webster proposes, <a href="#lative">B 30;</a></span><br />
+<span class="i1"> substitute offered, <a href="#lative">B 30;</a></span><br />
+<span class="i1"> passed Congress, <a href="#Act_1850">§ 29;</a></span><br />
+<span class="i1"> necessity of, urged, <a href="#ts_fo">§ 31;</a> </span><br />
+<span class="i1"> arguments for, <a href="#ts_fo">§ 31;</a> </span><br />
+<span class="i1"> arguments against, <a href="#ts_ag">§ 32;</a> </span><br />
+<span class="i1"> provisions of, <a href="#Provisions_of_the_second">§ 30;</a></span><br />
+<span class="i1"> text of, <a href="#Second">B 31;</a></span><br />
+<span class="i1"> unpopularity of, <a href="#Unpopularity">§ 51;</a></span><br />
+<span class="i1"> no moral foundation, <a href="#Unpopularity">§ 51;</a></span><br />
+<span class="i1"> declared unconstitutional, <a href="#crisis_of_1860">§ 85;</a> </span><br />
+ <span class="i1"> non-execution of, <a href="#crisis_of_1860">§ 85;</a></span><br />
+ <span class="i1"> resolution to amend, <a href="#Julian">C 45.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Acts repealed (1864),</span><br />
+<span class="i1"> repeal urged, <a href="#crisis_of_1860">§ 85;</a></span><br />
+<span class="i1"> status of, <a href="#al_of">§ 100;</a></span><br />
+<span class="i1"> early propositions, <a href="#Early_propositions_to">§ 101;</a></span><br />
+<span class="i1"> discussion, <a href="#Early_propositions_to">§ 101;</a></span><br />
+<span class="i1"> repeal bill, <a href="#Early_propositions_to">§ 101;</a></span><br />
+<span class="i1"> passed, <a href="#in_the_Senate">§ 103;</a></span><br />
+<span class="i1"> repeal bill discussed, <a href="#in_the_Senate">§ 103;</a></span><br />
+<span class="i1"> bill to amend, <a href="#ompromis">C 25;</a></span><br />
+<span class="i1"> repeal bills, <a href="#Howe">C 49,</a> <a href="#lia">C 76,</a>
+ <a href="#repeal">C 80,</a> <a href="#Discussion">C 82;</a></span><br />
+<span class="i1"> repeal bill passes, <a href="#in_the_Senate">§ 103;</a></span><br />
+<span class="i1"> text of, <a href="#thirteenth">§ 104,</a> <a href="#repealing">C 83.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Bill of 1818, </span><br />
+<span class="i1">passed the House, <a href="#Propositions_of_1797">§ 19,</a> <a href="#Propositions_from_1817">§ 20;</a></span><br />
+ <span class="i1"> title of, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+ <span class="i1"> failure in the Senate, <a href="#Missouri_Compromise">§ 21.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Cases.</span><br />
+<span class="i1"> See <a href="#CONTENTS">Table of Contents.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Clause, </span><br />
+<span class="i1">in the New England Articles of Confederation, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> in the Constitution, <a href="#giti">§ 15</a>-<a href="#Effe">§ 16;</a></span><br />
+<span class="i1"> in the Treaty of Ghent, <a href="#atus">§ 22,</a> <a href="#lause_i">B 12.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Controversy,</span><br />
+<span class="i1"> educating effect of, recapitulation of, <a href="#trov">§ 105.</a></span></p>
+
+<p class="index"><span class="i0">Fugitive Slave Legislation, </span><br />
+<span class="i1">opposed by Northern States, <a href="#app">§ 25;</a></span><br />
+<span class="i1"> inadequacy of, proved, <a href="#Nece">§ 26;</a></span><br />
+<span class="i1"> necessity of more stringent, <a href="#Nece">§ 26;</a></span><br />
+<span class="i1"> proposition for new, <a href="#cti">§ 27;</a></span><br />
+<span class="i1"> must be carried out, <a href="#osec">§ 49;</a></span><br />
+<span class="i1"> new element in, <a href="#ssed">§ 79;</a></span><br />
+<span class="i1"> in 1860, <a href="#crisis_of_1860">§ 85;</a></span><br />
+<span class="i1"> resistance to, declared felony, <a href="#Propositions_to_enforce">§ 86;</a></span><br />
+<span class="i1"> propositions to repeal or amend, <a href="#repeal_or_amend">§ 87;</a></span><br />
+<span class="i1"> after emancipation proclamation, <a href="#the_E">§ 92.</a></span></p>
+
+
+
+
+<p class="index"><span class="i0"><a id="Gallatin"></a>Gallatin, Albert,</span><br />
+<span class="i1"> in Treaty of Ghent, <a href="#atus">§ 22.</a></span></p>
+
+<p class="index"><span class="i0">Gannett, case of, <a href="#Gannett">D 44.</a></span></p>
+
+<p class="index"><span class="i0">Gansey, Isaac, case of, <a href="#anse">D 24.</a></span></p>
+
+<p class="index"><span class="i0">"Gap Gang,"</span><br />
+<span class="i1"> aid kidnappers, <a href="#Christiana">§ 60.</a></span></p>
+
+<p class="index"><span class="i0">Gardiner, &mdash;&mdash;, </span><br />
+<span class="i1">commissioner in Hamlet case, <a href="#Hamlet_case">§ 53.</a></span></p>
+
+<p class="index"><span class="i0">Garner, Margaret,</span><br />
+<span class="i1"> flight and seizure, <a href="#Garner">§ 56.</a></span></p>
+
+<p class="index"><span class="i0">Garner, Robert, </span><br />
+<span class="i1">flight and seizure, <a href="#Garner">§ 56.</a></span></p>
+
+<p class="index"><span class="i0">Garner, Simeon,</span><br />
+<span class="i1"> flight and seizure, <a href="#Garner">§ 56;</a></span><br />
+<span class="i1"> case <a href="#rner">D 58.</a></span></p>
+
+<p class="index"><span class="i0">Garrett, Thomas, </span><br />
+<span class="i1">trial and fine, reward offered for, <a href="#f_age">§ 74.</a></span></p>
+
+<p class="index"><span class="i0">Gatchell case, <a href="#Gatchell_ca">D 61.</a></span></p>
+
+<p class="index"><span class="i0">Georgia,</span><br />
+<span class="i1"> difficulty in recovery of fugitives in, <a href="#al">§ 8;</a></span><br />
+ <span class="i1">Governor of, demands fugitives from justice, <a href="#Boston_and_Isaac"> § 47.</a></span></p>
+
+<p class="index"><span class="i0">Gibson case, <a href="#Gibson_ca">D 45.</a></span></p>
+
+<p class="index"><span class="i0">Giddings </span><br />
+<span class="i1">resolution, <a href="#in_the_District">§ 28,</a> <a href="#iddings">B 23,</a> <a href="#istric">B 25,</a>
+ <a href="#inquir">B 27,</a> <a href="#the_jail">B 28.</a></span></p>
+
+<p class="index"><span class="i0">Glasgow,</span><br />
+<span class="i1">freedom case in, <a href="#mother_country">§ 12,</a> <a href="#asgo">D 7.</a></span></p>
+
+<p class="index"><span class="i0">Glocester,</span><br />
+<span class="i1"> given jurisdiction over runaways, <a href="#Gloc">A 24.</a></span></p>
+
+<p class="index"><span class="i0">Glover case, <a href="#Glover_ca">D 55.</a></span></p>
+
+<p class="index"><span class="i0">Goin case, <a href="#Goin_ca">D 29.</a></span></p>
+
+<p class="index"><span class="i0">Gorsuch, Edward,</span><br />
+<span class="i1"> claims a fugitive, <a href="#Christiana">§ 60.</a></span></p>
+
+<p class="index"><span class="i0">Grahame, Thomas, </span><br />
+<span class="i1">in freedom case, <a href="#mother_country">§ 12.</a></span></p>
+
+<p class="index"><span class="i0">Grayson, &mdash;&mdash;,</span><br />
+<span class="i1"> on fugitive slave clause, <a href="#giti">§ 15.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Great_Britain"></a>Great Britain,</span><br />
+<span class="i1"> status of fugitives in, <a href="#mother_country">§ 12;</a></span><br />
+ <span class="i1"> diplomatic relations, <a href="#mother_country">§ 12;</a></span><br />
+ <span class="i1"> encouragement of fugitives, <a href="#atus">§ 22,</a> <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+ <span class="i1"> pays indemnity, <a href="#on_the_high_seas">§ 24.</a></span><br />
+<span class="i1"> See also <a href="#England">England.</a></span></p>
+
+<p class="index"><span class="i0">Great Dismal Swamp,</span><br />
+<span class="i1"> refuge for runaways, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Grey, James B., </span><br />
+<span class="i1">demands a fugitive, <a href="#atim">§ 44.</a></span></p>
+
+<p class="index"><span class="i0">Grimes, </span><br />
+<span class="i1">criminal justice bill, <a href="#jails_in_the_District">§ 97;</a></span><br />
+<span class="i1"> act, <a href="#Grimes">C 51;</a></span><br />
+ <span class="i1"> amendments, <a href="#amend">C 64,</a> <a href="#Sumner">C 74.</a></span></p>
+
+
+
+
+
+<p class="index"><span class="i0">Hale, &mdash;&mdash;,</span><br />
+<span class="i1"> resolution, <a href="#discussed_in_Congress">§ 95,</a> <a href="#ale">C 41;</a></span><br />
+<span class="i1"> amendment, <a href="#Discussion">C 82.</a></span></p>
+
+<p class="index"><span class="i0">Hall, &mdash;&mdash;, </span><br />
+<span class="i1">resolution, <a href="#in_the_District">§ 28,</a> <a href="#Columb">B 26.</a></span></p>
+
+<p class="index"><span class="i0">Hamlet, James, case, <a href="#Hamlet_case">§ 53,</a> <a href="#let_ca">D 43.</a></span></p>
+
+<p class="index"><span class="i0">Hannum, Captain, </span><br />
+<span class="i1">in Ottoman case, <a href="#Ottoman_case">§ 45.</a></span></p>
+
+<p class="index"><span class="i0">Hanway, Castner,</span><br />
+<span class="i1"> in Christiana case, <a href="#Christiana">§ 60.</a></span></p>
+
+<p class="index"><span class="i0">Harlan, &mdash;&mdash;, </span><br />
+<span class="i1">amendment, <a href="#Grimes">C 51.</a></span></p>
+
+<p class="index"><span class="i0">Harris, &mdash;&mdash;,</span><br />
+<span class="i1"> introduces confiscation bill, <a href="#provisions_extended">§ 91;</a></span><br />
+<span class="i1"> confiscation bill, <a href="#Harri">C 59,</a> <a href="#cat">C 67,</a> <a href="#arri">C 71;</a></span><br />
+<span class="i1"> amendment, <a href="#amend">C 64.</a></span></p>
+
+<p class="index"><span class="i0">Hartford,</span><br />
+<span class="i1"> fugitive harbored in, <a href="#International_cases">§ 11;</a></span><br />
+<span class="i1">treaty of, ratified, <a href="#aty_w">A 14;</a></span><br />
+<span class="i1">controversy with New Netherlands, <a href="#ds_and">D 1.</a></span></p>
+
+<p class="index"><span class="i0">Harvard College, </span><br />
+<span class="i1">Library of, <a href="#Libraries">E 2.</a></span></p>
+
+<p class="index"><span class="i0">Henderson </span><br />
+<span class="i1">amendment, <a href="#Discussion">C 82.</a></span></p>
+
+<p class="index"><span class="i0">Hepburne, Judge, </span><br />
+<span class="i1">in Kennedy case, <a href="#Philadelphia_and_Kennedy">§ 43.</a></span></p>
+
+<p class="index"><span class="i0">Higginson, T. W.,</span><br />
+<span class="i1"> in Burns case, <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Hilliard, Mrs. G. S.,</span><br />
+<span class="i1"> harbors a fugitive, <a href="#Formal">§ 75.</a></span></p>
+
+<p class="index"><span class="i0">Hillyer, &mdash;&mdash;, </span><br />
+<span class="i1">finality resolution, <a href="#Hillyer">B 37.</a></span></p>
+
+<p class="index"><span class="i0">Hindman, &mdash;&mdash;,</span><br />
+<span class="i1"> proposition, <a href="#Propositions_to_enforce">§ 86;</a></span><br />
+<span class="i1"> joint resolution, <a href="#indman">C 10.</a></span></p>
+
+<p class="index"><span class="i0">Holmes, &mdash;&mdash;,</span><br />
+<span class="i1"> on the fugitive slave bill, <a href="#Propositions_from_1817">§ 20.</a></span></p>
+
+<p class="index"><span class="i0">Howard, &mdash;&mdash;, </span><br />
+<span class="i1">amendment, <a href="#Discussion">C 82.</a></span></p>
+
+<p class="index"><span class="i0">Howe, &mdash;&mdash;, </span><br />
+<span class="i1">repeal bill, 83, <a href="#Howe">C 49.</a></span></p>
+
+<p class="index"><span class="i0">Hubbard, &mdash;&mdash;, </span><br />
+<span class="i1">on repeal bill, <a href="#ussi">§ 102;</a> </span><br />
+<span class="i1">resolution, <a href="#repealing">C 83.</a></span></p>
+
+
+
+
+
+<p class="index"><span class="i0">Illinois,</span><br />
+<span class="i1">no full personal liberty law in, <a href="#occa">§ 80.</a></span></p>
+
+<p class="index"><span class="i0">Immigration,</span><br />
+<span class="i1"> into Missouri, <a href="#Missouri_Compromise">§ 21.</a></span></p>
+
+<p class="index"><span class="i0">Impeachment,</span><br />
+<span class="i1"> ground for, <a href="#assach">§ 81.</a></span></p>
+
+<p class="index"><span class="i0">Imprisonment of a runaway, <a href="#ndit">§ 65.</a></span></p>
+
+<p class="index"><span class="i0">Indented Servants.</span><br />
+<span class="i1"> See <a href="#Servants">Servants.</a></span></p>
+
+<p class="index"><span class="i0">Indiana,</span><br />
+<span class="i1"> personal liberty law in (1824), <a href="#pass">§ 78,</a> <a href="#occa">§ 80.</a></span></p>
+
+<p class="index"><span class="i0">Indians,</span><br />
+<span class="i1">received fugitives in the wilderness, <a href="#Elem">§ 1;</a></span><br />
+<span class="i1">as slaves, <a href="#Elem">§ 1;</a></span><br />
+<span class="i1"> as slave hunters, <a href="#al">§ 8;</a></span><br />
+<span class="i1">conferences with, <a href="#al">§ 8;</a></span><br />
+<span class="i1">escapes to, <a href="#Intercolonial_cases">§ 9.</a></span><br />
+<span class="i1"> See <a href="#Chickasaws">Chickasaws,</a> <a href="#Choctaws">Choctaws,</a> <a href="#Creek_Indians">Creeks,</a> <a href="#Delawares">Delawares,</a> <a href="#Seminoles">Seminoles.</a></span></p>
+
+<p class="index"><span class="i0">Intercolonial cases,</span><br />
+<span class="i1"> early agreements as to fugitives, <a href="#Elem">§ 1,</a> <a href="#egula">§ 2;</a></span><br />
+<span class="i1">agreement between the Dutch and English, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> difficulty of arranging regulations, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> first contained in Articles of Confederation, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> dependent upon intercolonial feeling, <a href="#Intercolonial_cases">§ 9;</a></span><br />
+<span class="i1">case of escape of slaves, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0">Interferences and rescues, <a href="#erfer">§ 41.</a></span></p>
+
+<p class="index"><span class="i0">International cases,</span><br />
+<span class="i1">earliest, <a href="#International_cases">§ 11;</a></span><br />
+<span class="i1"> relations unsettled, <a href="#nter">§ 10;</a></span><br />
+<span class="i1"> regulations under the Articles of Confederation, <a href="#atio">§ 13.</a></span></p>
+
+<p class="index"><span class="i0">Interstate relations,</span><br />
+<span class="i1"> affected by Prigg decision, <a href="#ters">§ 46.</a></span></p>
+
+<p class="index"><span class="i0">Iowa,</span><br />
+<span class="i1"> personal liberty laws in, <a href="#occa">§ 80.</a></span></p>
+
+<p class="index"><span class="i0">Iredell,</span><br />
+<span class="i1">on fugitive slave clause, <a href="#giti">§ 15.</a></span></p>
+
+<p class="index"><span class="i0">Isaac, case of, <a href="#Boston_and_Isaac">§ 47,</a> <a href="#anse">D 24.</a></span></p>
+
+
+
+
+<p class="index"><span class="i0">Jackson, &mdash;&mdash;,</span><br />
+<span class="i1">resolution, <a href="#affirming_the_Compromise">B 36.</a></span></p>
+
+<p class="index"><span class="i0">Jager, Cornelis Herperts de,</span><br />
+<span class="i1">escape of servants of, <a href="#Escapes_from_New_Amsterdam">§ 7.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Jail"></a>Jail,</span><br />
+<span class="i1">in the District of Columbia,</span><br />
+<span class="i2">resolution on, <a href="#jails_in_the_District">§ 97;</a></span><br />
+<span class="i2"> denied to fugitives, <a href="#jails_in_the_District">§ 97,</a> <a href="#inquir">B 27,</a> <a href="#the_jail">28.</a></span><br />
+<span class="i2">See <a href="#District_of_Columbia">District of Columbia.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Jails"></a>Jails,</span><br />
+<span class="i1"> State,</span><br />
+ <span class="i2">not to be used, <a href="#atim">§ 44;</a> </span><br />
+<span class="i2"> denied to fugitives, <a href="#adrac">§ 57;</a></span><br />
+<span class="i2"> denial constitutional, <a href="#ct_of">§ 83;</a></span><br />
+ <span class="i2"> use forbidden, <a href="#ew_of">§ 82;</a></span><br />
+<span class="i2"> See also <a href="#Personal_Liberty_Laws">Personal Liberty Bill.</a></span></p>
+
+<p class="index"><span class="i0">Jefferson, Thomas,</span><br />
+<span class="i1">proposition, <a href="#Ordinance_for_the_Northwest">§ 14.</a></span></p>
+
+<p class="index"><span class="i0">John case, <a href="#The_first">§ 17,</a> <a href="#John">D 11.</a></span></p>
+
+<p class="index"><span class="i0">Johnson,</span><br />
+<span class="i1"> joint resolution, <a href="#ohnson">C 12,</a> <a href="#Johnson">C 27;</a></span><br />
+<span class="i1"> amendment, <a href="#repealing">C 83.</a></span></p>
+
+<p class="index"><span class="i0">Johnson Case, <a href="#hnson_c">D 60.</a></span></p>
+
+<p class="index"><span class="i0">Johnston,</span><br />
+<span class="i1"> on committee, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0">Jones, George, case, <a href="#Jones_case">§ 37,</a> <a href="#of_Jo">D 19.</a></span></p>
+
+<p class="index"><span class="i0">Julian, George W.,</span><br />
+<span class="i1">repeal bills, <a href="#Early_propositions_to">§ 101,</a> <a href="#lia">C 76,</a> <a href="#repeal">C 80;</a></span><br />
+<span class="i1">resolution, <a href="#Julian">C 45.</a></span></p>
+
+<p class="index"><span class="i0">Jury trial,</span><br />
+<span class="i1">not admitted, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> disuse of, <a href="#pass">§ 78.</a></span></p>
+
+
+
+
+
+
+
+<p class="index"><span class="i0">Kansas,</span><br />
+<span class="i1"> personal liberty laws in, <a href="#occa">§ 80,</a> <a href="#ew_of"> § 82.</a></span></p>
+
+<p class="index"><span class="i0">Kellogg, &mdash;&mdash;,</span><br />
+<span class="i1"> joint resolution, <a href="#Kell">C 19,</a> <a href="#Kello">C 20,</a> <a href="#Kellogg">C 21.</a></span></p>
+
+
+<p class="index"><span class="i0">Kennedy case, <a href="#Philadelphia_and_Kennedy">§ 43,</a> <a href="#dy_ca">D 35.</a></span></p>
+
+<p class="index"><span class="i0">Kentucky,</span><br />
+<span class="i1">resolutions, <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+<span class="i1">petition of Legislature, <a href="#cti">§ 27;</a></span><br />
+<span class="i1"> demands extradition of abettors of fugitives, <a href="#Ohio_and_Kentucky">§ 48;</a></span><br />
+<span class="i1">controversy with Ohio, <a href="#ky_co">D 37.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Kidnapping"></a>Kidnapping,</span><br />
+<span class="i1"> suggests new fugitive slave law, <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> from 1793 to 1850, <a href="#app">§ 25;</a></span><br />
+<span class="i1">in border States, <a href="#app">§ 25;</a></span><br />
+<span class="i1"> character of cases, <a href="#ng_ca"> § 36;</a></span><br />
+<span class="i1">enlists sympathy, <a href="#ise">§ 71;</a></span><br />
+<span class="i1">regulations against, <a href="#s_aga">§ 99.</a></span></p>
+
+<p class="index"><span class="i0">Kilgore,</span><br />
+<span class="i1">resolution, <a href="#repeal_or_amend">§ 87,</a> <a href="#ilgore">C 11.</a></span></p>
+
+<p class="index"><span class="i0">King, &mdash;&mdash;,</span><br />
+<span class="i1">on repeal bill, <a href="#ussi">§ 102.</a></span></p>
+
+<p class="index"><span class="i0">Kirk case, <a href="#Kirk_ca">D 33.</a></span></p>
+
+<p class="index"><span class="i0">Kline, Marshal,</span><br />
+<span class="i1"> demands assistance, <a href="#Christiana">§ 60.</a></span></p>
+
+
+
+
+<p class="index"><span class="i0">L'Amistad case, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0">Latimer, George,</span><br />
+<span class="i1"> case of, <a href="#atim">§ 44,</a> <a href="#mer_ca">D 28;</a> </span><br />
+<span class="i1">effect, <a href="#assach">§ 81;</a></span><br />
+<span class="i1">daily <a id="journal"></a>journal, <a href="#atim">§ 44.</a></span></p>
+
+
+<p class="index"><span class="i0">Leake, &mdash;&mdash;,</span><br />
+<span class="i1"> joint resolution, <a href="#McClernand">C 9.</a></span></p>
+
+<p class="index"><span class="i0">Le Screux,</span><br />
+<span class="i1">slave on, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0">Lewis case, <a href="#Lewis_ca">D 54.</a></span></p>
+
+<p class="index"><span class="i0">Lewis, Elijah,</span><br />
+<span class="i1"> prosecution of, <a href="#Christiana">§ 60,</a> <a href="#ana_ca">D 49.</a></span></p>
+
+<p class="index"><span class="i0">Liberator,</span><br />
+<span class="i1">kidnapping case in, <a href="#s_aga">§ 99.</a></span><br />
+<span class="i1"> See Newspapers.</span></p>
+
+<p class="index"><span class="i0">Liberty,</span><br />
+<span class="i1"> love of, by slaves, <a href="#ason">§ 64.</a></span></p>
+
+<p class="index"><span class="i0">Liberty Party,</span><br />
+<span class="i1">convention of, <a href="#Jerry_McHenry">§ 58.</a></span></p>
+
+<p class="index"><span class="i0">Libraries,</span><br />
+<span class="i1">use of, <a href="#Libraries">E 2.</a></span></p>
+
+<p class="index"><span class="i0">Lincoln, President,</span><br />
+<span class="i1">preliminary proclamation, <a href="#the_E">§ 92;</a> </span><br />
+<span class="i1">final emancipation proclamation, <a href="#the_E">§ 92.</a> </span></p>
+
+<p class="index"><span class="i0">List,</span><br />
+<span class="i1">counsel in Shadrach case, <a href="#adrac">§ 57.</a></span></p>
+
+<p class="index"><span class="i0">Loring, Ellis Gray,</span><br />
+<span class="i1"> in Shadrach case, <a href="#adrac">§ 57;</a></span><br />
+<span class="i1"> Crafts taken to house of, <a href="#Fugitives_disguised">§ 69.</a></span></p>
+
+<p class="index"><span class="i0">Louisiana,</span><br />
+<span class="i1"> escape of slaves from, <a href="#Missouri_Compromise">§ 21.</a></span></p>
+
+<p class="index"><span class="i0">Lovejoy,</span><br />
+<span class="i1"> bills, <a href="#discussed_in_Congress">§ 95;</a> <a href="#ovejo">C 35,</a> <a href="#ejoy">C 66;</a></span><br />
+<span class="i1">resolutions, <a href="#by_the_Army">C 29,</a> <a href="#Love">C 44;</a></span><br />
+<span class="i1">amendment, <a href="#essende">C 38.</a></span></p>
+
+
+
+
+
+
+
+<p class="index"><span class="i0">Madison,</span><br />
+<span class="i1">on fugitive slave clause, <a href="#giti">§ 15.</a></span></p>
+
+<p class="index"><span class="i0">Maine, Governor of,</span><br />
+<span class="i1">refuses to surrender fugitives from justice, <a href="#Boston_and_Isaac">§ 47;</a></span><br />
+<span class="i1"> personal liberty law in, <a href="#ew_of">§ 82.</a></span></p>
+
+<p class="index"><span class="i0">Malbronne, Ensign de,</span><br />
+<span class="i1"> loses servant, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0">Mallory, &mdash;&mdash;,</span><br />
+<span class="i1">on Blair bill, <a href="#discussed_in_Congress">§ 95;</a></span><br />
+<span class="i1"> on repeal, <a href="#ussi">§ 102.</a></span></p>
+
+<p class="index"><span class="i0">Manhattan,</span><br />
+<span class="i1">escape to, <a href="#Escapes_from_New_Amsterdam">§ 7,</a> <a href="#pe_to">D 2.</a></span></p>
+
+<p class="index"><span class="i0">Mansfield, Lord.</span><br />
+<span class="i1">See <a href="#Somersett_case">Somersett case.</a></span></p>
+
+<p class="index"><span class="i0">Market women,</span><br />
+<span class="i1"> on Underground Railroad, <a href="#Formal">§ 75.</a></span></p>
+
+<p class="index"><span class="i0">Maryland,</span><br />
+<span class="i1">regulations on fugitives, <a href="#egula">§ 2,</a> <a href="#Treatment_of_fugitives">§ 3;</a></span><br />
+<span class="i1"> offers reward, <a href="#al">§ 8;</a></span><br />
+<span class="i1">letter from, to New Netherlands, <a href="#International_cases">§ 11;</a></span><br />
+<span class="i1"> fugitives escape from, <a href="#International_cases">§ 11;</a></span><br />
+<span class="i1">resolution, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+<span class="i1"> resolutions debated, <a href="#Missouri_Compromise">§ 21,</a> <a href="#Maryla">B 18;</a></span><br />
+<span class="i1"> offers reward for Thomas Garrett, <a href="#f_age">§ 74;</a></span><br />
+<span class="i1"> regulations against runaways, <a href="#apprentices_felons">A 4,</a> <a href="#ylan">A 11,</a> <a href="#yland">12,</a>
+ <a href="#ar">A 26,</a> <a href="#ary">A 28,</a> <a href="#and_their_entert">A 31,</a> <a href="#Apprehension">A 38,</a> <a href="#rylan">A 40.</a></span></p>
+
+<p class="index"><span class="i0">Mason, of Massachusetts,</span><br />
+<span class="i1">on the fugitive slave bill, <a href="#Propositions_from_1817">§ 20.</a></span></p>
+
+<p class="index"><span class="i0">Mason, of Virginia,</span><br />
+<span class="i1">fugitive slave bill, <a href="#Act_1850">§ 29,</a> <a href="#lative">B 30;</a></span><br />
+<span class="i1">amendment, <a href="#Act_1850">§ 29;</a></span><br />
+<span class="i1"> argument, <a href="#ts_fo">§ 31.</a> </span></p>
+
+<p class="index"><span class="i0">Massachusetts Bay,</span><br />
+<span class="i1">regulation against transportation of apprentices and servants, <a href="#of_apprentices_and">A 63;</a></span><br />
+<span class="i1">on the capture of servants in, <a href="#achu">A 2;</a></span><br />
+<span class="i1"> regulation of free negroes, <a href="#assa">A 53.</a></span></p>
+
+<p class="index"><span class="i0">Massachusetts Colony,</span><br />
+<span class="i1">first law as to fugitives, <a href="#Regulations_in_New_England">§ 4;</a></span><br />
+<span class="i1"> in the New England Confederation, <a href="#al">§ 8;</a></span><br />
+<span class="i1">emancipation in, <a href="#Ordinance_for_the_Northwest">§ 14;</a></span><br />
+<span class="i1"> first fugitive slave case in, <a href="#irst">§ 34.</a></span></p>
+
+<p class="index"><span class="i0">Massachusetts State,</span><br />
+<span class="i1">Governor of, advised, <a href="#assach">§ 81;</a></span><br />
+<span class="i1"> personal liberty law, <a href="#ssed">§ 79,</a> <a href="#occa">§ 80,</a> <a href="#assach">§ 81;</a></span><br />
+<span class="i1"> no recovery of fugitives in, <a href="#crisis_of_1860">§ 85.</a></span></p>
+
+<p class="index"><span class="i0">May, S. J.,</span><br />
+<span class="i1"> in "Jerry" case, <a href="#Jerry_McHenry">§ 58.</a></span></p>
+
+<p class="index"><span class="i0">McClernand, &mdash;&mdash;, <a href="#McClernand">C 9.</a></span></p>
+
+<p class="index"><span class="i0">McHenry, "Jerry," case, <a href="#Jerry_McHenry">§ 58,</a> <a href="#rry_ca">D 51.</a></span></p>
+
+<p class="index"><span class="i0">McLanahan, &mdash;&mdash;,</span><br />
+<span class="i1">resolution, <a href="#nahan">B 32.</a></span></p>
+
+<p class="index"><span class="i0">Meade, &mdash;&mdash;,</span><br />
+<span class="i1">proposition, <a href="#cti">§ 27;</a></span><br />
+<span class="i1">resolution, <a href="#more_eff">B 29.</a></span></p>
+
+<p class="index"><span class="i0">Meionaon,</span><br />
+<span class="i1"> mass meetings in, <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Merrill, Amos B.,</span><br />
+<span class="i1"> in Latimer case, <a href="#atim">§ 44.</a></span></p>
+
+<p class="index"><span class="i0">Mexico,</span><br />
+<span class="i1">as a place of refuge, <a href="#Canada_and_Mexico_places_of_refuge">§ 23.</a></span></p>
+
+<p class="index"><span class="i0">Michigan,</span><br />
+<span class="i1"> personal liberty laws in, <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82;</a></span></p>
+
+<p class="index"><span class="i0">Miller,</span><br />
+<span class="i1"> in kidnapping case, <a href="#case_1851">§ 61,</a> <a href="#iller">D 50.</a></span></p>
+
+<p class="index"><span class="i0">Miner, Jo,</span><br />
+<span class="i1">advertisement of, <a href="#civil_officers">§ 96.</a></span></p>
+
+<p class="index"><span class="i0">Minnesota,</span><br />
+<span class="i1"> personal liberty law in, <a href="#occa">§ 80.</a></span></p>
+
+<p class="index"><span class="i0">Missouri,</span><br />
+<span class="i1"> admission of, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+<span class="i1">Anderson case in, <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+<span class="i1"> Governor of, offers reward for John Brown, <a href="#Kansas_1858">§ 62.</a></span></p>
+
+<p class="index"><span class="i0">Missouri Compromise,</span><br />
+<span class="i1">fugitive slave clause in, <a href="#Missouri_Compromise">§ 21,</a> <a href="#ssouri">B 16;</a></span><br />
+<span class="i1"> period of, <a href="#Missouri_Compromise">§ 21.</a></span></p>
+
+<p class="index"><span class="i0">Mob,</span><br />
+<span class="i1">provisions against, <a href="#Provisions_of_the_second">§ 30.</a></span></p>
+
+<p class="index"><span class="i0">Morgan, Margaret.</span><br />
+<span class="i1">See <a href="#Priggs_vs_Pennsylvania_case">Prigg Case.</a></span></p>
+
+<p class="index"><span class="i0">Morrill, &mdash;&mdash;,</span><br />
+<span class="i1"> resolution, <a href="#orril">C 40.</a></span></p>
+
+<p class="index"><span class="i0">Morris, cutter,</span><br />
+<span class="i1"> in Burns case, <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Morris, &mdash;&mdash;,</span><br />
+<span class="i1">substitute reported, <a href="#Early_propositions_to">§ 101;</a></span><br />
+<span class="i1">on repeal bill, <a href="#ussi">§ 102;</a></span><br />
+<span class="i1">resolution, <a href="#esoluti">C 3;</a></span><br />
+<span class="i1"> joint resolution, <a href="#Morris">C 16.</a></span></p>
+
+<p class="index"><span class="i0">Morris, John B.,</span><br />
+<span class="i1">demands a fugitive slave, <a href="#ickas">§ 42.</a></span></p>
+
+<p class="index"><span class="i0">"Moses."</span><br />
+<span class="i1">See <a href="#Tubman_Harriet">Harriet Tubman.</a></span></p>
+
+<p class="index"><span class="i0">Murray, &mdash;&mdash;,</span><br />
+<span class="i1">motion, <a href="#Propositions_of_1797">§ 19.</a></span></p>
+
+
+
+
+
+<p class="index"><span class="i0">Nalle case, <a href="#Nalle_ca">D 64.</a></span></p>
+
+<p class="index"><span class="i0">Nassau,</span><br />
+<span class="i1">fugitives in, <a href="#on_the_high_seas">§ 24.</a></span></p>
+
+<p class="index"><span class="i0">Negroes,</span><br />
+<span class="i1">ignorance of, <a href="#the_N">§ 67;</a></span><br />
+<span class="i1"> regulation of, <a href="#Regulation_of">A 65;</a></span><br />
+<span class="i1"> against escape of, <a href="#Escape_of">A 78;</a></span><br />
+<span class="i1"> petition of a soldier, <a href="#Propositions_of_1797">§ 19;</a></span><br />
+<span class="i1"> free, how affected, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1">regulation of, <a href="#assa">A 53.</a></span><br />
+<span class="i1">See also <a href="#Fugitives">Fugitives.</a></span></p>
+
+<p class="index"><span class="i0"><a id="New_Amsterdam"></a>New Amsterdam,</span><br />
+<span class="i1"> escape of servants from, <a href="#Escapes_from_New_Amsterdam">§ 7;</a></span><br />
+<span class="i1"> trial at, <a href="#Intercolonial_cases">§ 9.</a></span><br />
+<span class="i1"> See also <a href="#New_Netherlands">New Netherlands.</a></span></p>
+
+<p class="index"><span class="i0">New England,</span><br />
+<span class="i1"> regulations as to fugitives, <a href="#Regulations_in_New_England">§ 4.</a></span></p>
+
+<p class="index"><span class="i0">New England Confederation,</span><br />
+<span class="i1"> composition of, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> articles of, <a href="#Arti">A 8.</a></span></p>
+
+<p class="index"><span class="i0">New Hampshire,</span><br />
+<span class="i1">legislation in, <a href="#Regulations_in_New_England">§ 4,</a> <a href="#minors_and">A 61;</a></span><br />
+<span class="i1"> personal liberty laws in, <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82;</a></span></p>
+
+<p class="index"><span class="i0">New Haven,</span><br />
+<span class="i1">in the New England Confederation, <a href="#al">§ 8.</a></span></p>
+
+<p class="index"><span class="i0">New Jersey,</span><br />
+<span class="i1"> regulations on fugitives, <a href="#Treatment_of_fugitives">§ 3,</a> <a href="#New_Jersey">A 32,</a> <a href="#New_Jer">A 39,</a> <a href="#vention">A 42;</a></span><br />
+ <span class="i1"> sanctions rendition, <a href="#occa">§ 80;</a></span><br />
+ <span class="i1"> slaves, <a href="#ew_Je">A 55;</a></span><br />
+ <span class="i1"> white servants, <a href="#of_white">A 56.</a></span></p>
+
+<p class="index"><span class="i0"><a id="New_Netherlands"></a>New Netherlands,</span><br />
+<span class="i1">legislation in, <a href="#Regulations_in_New_England">§ 4;</a></span><br />
+ <span class="i1"> on fugitive slave cases, <a href="#International_cases">§ 11;</a></span><br />
+ <span class="i1"> regulations against runaways, <a href="#away">A 1,</a> <a href="#ants">A 3,</a> <a href="#Against_harboring">A 5,</a>
+ <a href="#ands">A 10,</a> <a href="#aty_w">A 14,</a> <a href="#herlands">A 19;</a></span><br />
+ <span class="i1"> Quakers, <a href="#admission_to_colony">A 29;</a></span><br />
+<span class="i1"> controversy with Hartford, <a href="#ds_and">D 1.</a></span><br />
+<span class="i1"> See also <a href="#Dutch_Colonies">Dutch Colonies.</a></span></p>
+
+<p class="index"><span class="i0">New York,</span><br />
+<span class="i1">regulation on fugitives, <a href="#al">§ 8,</a> <a href="#anad">A 50,</a> <a href="#Act_of_1702_revived">A 51,</a> <a href="#Act_o">A 59;</a></span><br />
+ <span class="i1"> Governor of, in Solomon Northrup case, <a href="#olomo">§ 38;</a></span><br />
+ <span class="i1"> refusal to return abettors of fugitives, <a href="#Boston_and_Isaac">§ 47;</a></span><br />
+<span class="i1"> personal liberty laws, <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82,</a> <a href="#ct_of">§ 83;</a></span><br />
+<span class="i1"> slaves, <a href="#New_Y">A 49;</a></span><br />
+ <span class="i1"> prevention of insurrections, <a href="#insurrections">A 68;</a></span><br />
+ <span class="i1"> kidnapping in, <a href="#s_aga">§ 99.</a></span></p>
+
+<p class="index"><span class="i0">Niblack, &mdash;&mdash;,</span><br />
+<span class="i1">resolution, <a href="#Nibl">C 7.</a></span></p>
+
+<p class="index"><span class="i0">Nicholson,</span><br />
+<span class="i1">on committee, <a href="#Propositions_of_1797">§ 19.</a></span></p>
+
+<p class="index"><span class="i0">Norfolk,</span><br />
+<span class="i1">kidnapping cases in, <a href="#s_aga">§ 99,</a> <a href="#olk_ca">D 68.</a></span></p>
+
+
+
+
+
+
+<p class="index"><span class="i0">Oberlin Case, <a href="#Ober">§ 40,</a> <a href="#lin_ca">D 26.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Oberlin-Wellington"></a>Oberlin-Wellington,</span><br />
+<span class="i1"> rescue, <a href="#rescue_1858">§ 59,</a> <a href="#ngton_c">D 62.</a></span></p>
+
+<p class="index"><span class="i0">Officers,</span><br />
+<span class="i1">return of fugitives by army and navy, <a href="#endme">C 53.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Ohio"></a>Ohio,</span><br />
+<span class="i1">fugitives protected in, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+ <span class="i1"> refusal to return abettors of fugitives, <a href="#Ohio_and_Kentucky">§ 48;</a></span><br />
+ <span class="i1"> personal liberty law, <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82.</a></span></p>
+
+<p class="index"><span class="i0">Olmsted, F. L.,</span><br />
+<span class="i1"> quoted, <a href="#ndit">§ 65.</a></span></p>
+
+<p class="index"><span class="i0">"Omnibus Bill,"</span><br />
+<span class="i1">fugitive slave provision in, <a href="#Act_1850">§ 29.</a></span></p>
+
+<p class="index"><span class="i0">Ordinance of 1787,</span><br />
+<span class="i1">for the Northwest Territory, <a href="#Ordinance_for_the_Northwest">§ 14,</a> <a href="#giti">§ 15;</a></span><br />
+<span class="i1"> confirmed, <a href="#Effe">§ 16.</a></span></p>
+
+<p class="index"><span class="i0">Ottoman case, <a href="#Ottoman_case">§ 45,</a> <a href="#ig_Ot">D 34.</a></span></p>
+
+
+
+
+<p class="index"><span class="i0">Parker, Theodore,</span><br />
+<span class="i1">speaks on Burns' case, <a href="#urns">§ 55;</a></span><br />
+<span class="i1"> indicted for riot, <a href="#urns">§ 55;</a></span><br />
+<span class="i1"> protects William and Lucy Crafts, <a href="#Fugitives_disguised">§ 69.</a></span></p>
+
+<p class="index"><span class="i0">Parker, William,</span><br />
+<span class="i1"> in Christiana case, <a href="#Christiana">§ 60.</a></span></p>
+
+<p class="index"><span class="i0">Pass,</span><br />
+<span class="i1">necessity of, <a href="#ndit">§ 65.</a></span></p>
+
+<p class="index"><span class="i0">Patrols,</span><br />
+<span class="i1">duty of, <a href="#ndit">§ 65.</a></span></p>
+
+<p class="index"><span class="i0">Patroons,</span><br />
+<span class="i1">runaways from, <a href="#away">A 1.</a></span></p>
+
+<p class="index"><span class="i0">Peace Convention,</span><br />
+<span class="i1"> amendment, <a href="#Peace_Convention">C 22.</a></span></p>
+
+<p class="index"><span class="i0">Pearl,</span><br />
+<span class="i1">carries fugitives, <a href="#and_Walker_cases">§ 50.</a></span></p>
+
+<p class="index"><span class="i0">Penalties</span><br />
+<span class="i1">for escape, <a href="#Provisions_of_the_second">§ 30;</a></span><br />
+<span class="i1"> for violating personal liberty laws, <a href="#occa">§ 80.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Pennsylvania"></a>Pennsylvania,</span><br />
+<span class="i1">emancipation in, <a href="#Ordinance_for_the_Northwest">§ 14;</a></span><br />
+ <span class="i1">Governor of, in "John" case, <a href="#The_first">§ 17;</a></span><br />
+ <span class="i1">act of, reported, <a href="#Missouri_Compromise">§ 21,</a> <a href="#Pennsy">B 17;</a></span><br />
+ <span class="i1"> fugitives abetted in, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+ <span class="i1"> personal liberty laws in, <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82;</a></span><br />
+ <span class="i1"> regulation of servants, <a href="#sylv">A 48;</a></span><br />
+ <span class="i1"> regulation of negroes, <a href="#Regulation_of">A 65;</a></span><br />
+ <span class="i1"> harboring of fugitives, <a href="#Harboring">A 80;</a></span><br />
+<span class="i1"> case in, <a href="#Case_in_P">D 46.</a></span></p>
+
+<p class="index"><span class="i0">Pennsylvania Society for the Abolition of Slavery,</span><br />
+<span class="i1"> efforts in behalf of "John," <a href="#The_first">§ 17;</a></span><br />
+<span class="i1"> petition of, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1"> efforts of, <a href="#app">§ 25.</a></span></p>
+
+<p class="index"><span class="i0">Pensacola,</span><br />
+<span class="i1">Walker embarks from, <a href="#and_Walker_cases">§ 50.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Personal_Liberty_Laws"></a>Personal Liberty Laws,</span><br />
+<span class="i1"> passed, <a href="#app">§ 25;</a></span><br />
+ <span class="i1"> character of, <a href="#cter">§ 77;</a></span><br />
+ <span class="i1"> before the Prigg decision, <a href="#pass">§ 78;</a></span><br />
+ <span class="i1"> between the Prigg decision and the Second Fugitive Slave Law, <a href="#ssed">§ 79;</a></span><br />
+ <span class="i1"> occasioned by the law of 1850, <a href="#occa">§ 80;</a></span><br />
+ <span class="i1"> change in character, <a href="#occa">§ 80;</a></span><br />
+ <span class="i1"> table of, <a href="#occa">§ 80;</a> </span><br />
+ <span class="i1"> distribution among States, <a href="#occa">§ 80;</a></span><br />
+ <span class="i1"> report on, <a href="#assach">§ 81;</a></span><br />
+ <span class="i1"> effect of, <a href="#ct_of">§ 83,</a> <a href="#trov">§ 105;</a></span><br />
+ <span class="i1"> constitutionality of, <a href="#ct_of">§ 83;,</a></span><br />
+ <span class="i1"> obstruction by, <a href="#crisis_of_1860">§ 85;</a></span><br />
+<span class="i1"> repeal urged, <a href="#crisis_of_1860">§ 85;</a></span><br />
+ <span class="i1"> resolution against, <a href="#Propositions_to_enforce">§ 86;</a></span><br />
+<span class="i1"> Saulsbury substitute on, <a href="#validity">C 81.</a></span></p>
+
+<p class="index"><span class="i0">Petition</span><br />
+<span class="i1">of North Carolina negroes, <a href="#Propositions_of_1797">§ 19;</a></span><br />
+<span class="i1"> of free negroes, <a href="#Propositions_of_1797">§ 19;</a></span><br />
+<span class="i1"> of a free colored soldier, <a href="#Propositions_of_1797">§ 19;</a></span><br />
+<span class="i1"> of the Pennsylvania Abolition Society, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1"> from the Kentucky Legislature, <a href="#cti">§ 27;</a></span><br />
+<span class="i1"> to remove jailer and sheriff in Latimer case, <a href="#atim">§ 44;</a></span><br />
+<span class="i1"> for an amendment to the Constitution, <a href="#atim">§ 44;</a></span><br />
+<span class="i1"> for a new personal liberty law, <a href="#assach">§ 81.</a></span></p>
+
+<p class="index"><span class="i0">Philadelphia,</span><br />
+<span class="i1">constitutional convention sits in, <a href="#giti">§ 15;</a></span><br />
+<span class="i1"> attempted rescue in, <a href="#Philadelphia_and_Kennedy">§ 43,</a> <a href="#lphi">D 22.</a></span></p>
+
+<p class="index"><span class="i0">Phillips, Wendell,</span><br />
+<span class="i1">speeches on Latimer case, <a href="#atim">§ 44;</a></span><br />
+ <span class="i1"> addresses mass meeting, <a href="#urns">§ 55;</a></span><br />
+<span class="i1"> speaks on Burns' case, <a href="#urns">§ 55;</a></span><br />
+<span class="i1"> indicted for riot, <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Pierce, Franklin, President,</span><br />
+<span class="i1">sends executive message, <a href="#adrac">§ 57;</a></span><br />
+<span class="i1"> issues proclamation, <a href="#adrac">§ 57.</a></span></p>
+
+<p class="index"><span class="i0">Pindall,</span><br />
+<span class="i1"> on revision of the fugitive slave act, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+ <span class="i1"> made chairman of committee, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+ <span class="i1">amendatory bill, <a href="#stract">B 10.</a></span></p>
+
+<p class="index"><span class="i0">Pine Grove Plantation,</span><br />
+<span class="i1">probable refuge, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Pinckney, Gen. C. C.,</span><br />
+<span class="i1">on the fugitive slave clause, <a href="#giti">§ 15.</a></span></p>
+
+<p class="index"><span class="i0">Plymouth,</span><br />
+<span class="i1"> in the New England Confederation, <a href="#al">§ 8.</a></span></p>
+
+<p class="index"><span class="i0">Pomeroy, &mdash;&mdash;,</span><br />
+<span class="i1"> on confiscation bill, <a href="#provisions_extended">§ 91;</a></span></p>
+
+<p class="index"><span class="i0">Porter, &mdash;&mdash;,</span><br />
+<span class="i1">amendment, <a href="#cat">C 67.</a></span></p>
+
+<p class="index"><span class="i0">Potter, R. J.,</span><br />
+<span class="i1">advertisement by, <a href="#civil_officers">§ 96.</a></span></p>
+
+<p class="index"><span class="i0">Powell, &mdash;&mdash;,</span><br />
+<span class="i1">on District of Columbia jail, <a href="#jails_in_the_District">§ 97,</a></span><br />
+<span class="i1"> joint resolution, <a href="#Powell">C 28;</a></span><br />
+<span class="i1"> amendment, <a href="#Grimes">C 51.</a></span></p>
+
+<p class="index"><span class="i0">Pratt, &mdash;&mdash;,</span><br />
+<span class="i1">amendment, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Priggs_vs_Pennsylvania_case"></a>Priggs vs. Pennsylvania case, <a href="#app">§ 25,</a> <a href="#Prigg_ca">D 18;</a></span><br />
+<span class="i1">consequences of, <a href="#ssed">§ 79;</a></span><br />
+<span class="i1">extracts from, <a href="#ignifi">B 22.</a></span></p>
+
+<p class="index"><span class="i0">Proclamation,</span><br />
+<span class="i1"> by West India Company, <a href="#International_cases">§ 11;</a></span><br />
+<span class="i1"> on Shadrach case, <a href="#adrac">§ 57;</a></span><br />
+<span class="i1"> emancipation, <a href="#provisions_extended">§ 91.</a></span></p>
+
+<p class="index"><span class="i0">Prosecutions,</span><br />
+<span class="i1"> carried on, <a href="#osec">§ 49;</a></span><br />
+<span class="i1"> after "Jerry" rescue, <a href="#Jerry_McHenry">§ 58;</a></span><br />
+<span class="i1"> of Oberlin-Wellington rescuers, <a href="#rescue_1858">§ 59;</a></span><br />
+<span class="i1"> of Wendell Phillips, <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Protection papers,</span><br />
+<span class="i1">use of, <a href="#protection_papers">§ 68.</a></span></p>
+
+<p class="index"><span class="i0">Pugh, George H.,</span><br />
+<span class="i1"> joint resolution, <a href="#Pugh">C 26.</a></span></p>
+
+<p class="index"><span class="i0">Purrington, brig William, <a href="#Purrington">D 39.</a></span></p>
+
+<p class="index"><span class="i0">Purvis, Robert,</span><br />
+<span class="i1">connection with Underground Railroad, <a href="#Formal">§ 75.</a></span></p>
+
+
+
+
+
+<p class="index"><span class="i0">Quakers,</span><br />
+<span class="i1">arrange station on the Underground Railroad, <a href="#ise">§ 71;</a></span><br />
+<span class="i1"> fugitives hidden by, <a href="#ds_pu">§ 72;</a></span><br />
+ <span class="i1">refused admission to New Netherlands, <a href="#admission_to_colony">A 29.</a></span></p>
+
+<p class="index"><span class="i0">Quincy, Josiah,</span><br />
+<span class="i1">account of first fugitive slave case in the North, <a href="#irst">§ 34,</a> <a href="#s_ca">D 12.</a></span></p>
+
+
+
+
+
+
+<p class="index"><span class="i0">Raids,</span><br />
+<span class="i1">upon plantations, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Rantoul, Robert, Jr.,</span><br />
+<span class="i1"> in Sims case, <a href="#ims">§ 54.</a></span></p>
+
+<p class="index"><span class="i0">Read, &mdash;&mdash;,</span><br />
+<span class="i1">on committee, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Redemptioners"></a>Redemptioners,</span><br />
+<span class="i1">described, <a href="#Elem">§ 1;</a></span><br />
+ <span class="i1"> cases of, <a href="#Elem">§ 1;</a></span><br />
+ <span class="i1">case of running away with negroes, <a href="#Treatment_of_fugitives">§ 3.</a></span></p>
+
+<p class="index"><span class="i0">Refuge,</span><br />
+<span class="i1">place of, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Rendition,</span><br />
+<span class="i1">a duty, <a href="#al">§ 8.</a></span><br />
+ <span class="i1">See also <a href="#Fugitives">Fugitives.</a></span></p>
+
+<p class="index"><span class="i0">Rescue,</span><br />
+ <span class="i1">first case of, <a href="#irst">§ 34.</a></span></p>
+
+<p class="index"><span class="i0">Re<a id="solution"></a>solution,</span><br />
+<span class="i1">by Maryland Legislature, <a href="#Missouri_Compromise">§ 21;</a></span><br />
+ <span class="i1"> on relations with Canada, <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+<span class="i1"> Kentucky, <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+ <span class="i1"> on fugitives on the high seas, <a href="#on_the_high_seas">§ 24;</a></span><br />
+ <span class="i1"> Giddings, <a href="#in_the_District">§ 28;</a></span><br />
+ <span class="i1"> against the return of Latimer, <a href="#atim">§ 44;</a></span><br />
+ <span class="i1"> to base representation on free persons, <a href="#atim">§ 44;</a></span><br />
+ <span class="i1"> Georgia Legislature, <a href="#Boston_and_Isaac">§ 47;</a></span><br />
+<span class="i1"> on arrests by army officers, <a href="#discussed_in_Congress">§ 95;</a></span><br />
+<span class="i1"> Fitch, <a href="#Fitch">B 35;</a></span><br />
+<span class="i1"> Jackson, <a href="#affirming_the_Compromise">B 36;</a></span><br />
+<span class="i1"> Hillyer, <a href="#Hillyer">B 37;</a></span><br />
+ <span class="i1"> Chase, <a href="#Chase">B 38;</a></span><br />
+ <span class="i1"> Cochrane's joint, <a href="#Cochra">C 2;</a></span><br />
+<span class="i1"> Morris, <a href="#esoluti">C 3;</a></span><br />
+<span class="i1"> Leake, <a href="#Leake">C 4;</a></span><br />
+<span class="i1"> Cox, <a href="#Cox">C 5;</a></span><br />
+<span class="i1"> Stevenson, <a href="#Steve">C 6;</a></span><br />
+<span class="i1"> Niblack, <a href="#Nibl">C 7;</a></span><br />
+<span class="i1"> English joint, <a href="#Engl">C 8;</a></span><br />
+<span class="i1"> McClernand joint, <a href="#McClernand">C 9;</a></span><br />
+<span class="i1"> Hindman, <a href="#indman">C 10;</a></span><br />
+<span class="i1"> Kilgore, <a href="#ilgore">C 11;</a></span><br />
+ <span class="i1"> Johnson's joint, <a href="#ohnson">C 12,</a> <a href="#Johnson">27;</a></span><br />
+ <span class="i1"> Crittenden's joint, <a href="#Crittende">C 13;</a></span><br />
+ <span class="i1"> Douglas's joint, <a href="#Doug">C 14;</a></span><br />
+ <span class="i1"> Florence, <a href="#Floren">C 15,</a> <a href="#Florence">C 18;</a></span><br />
+<span class="i1"> Morris's joint, <a href="#Morris">C 16;</a></span><br />
+ <span class="i1"> Kellogg's joint, <a href="#Kell">C 19,</a> <a href="#Kello">C 20,</a> <a href="#Kellogg">C 21;</a></span><br />
+<span class="i1"> Clarence's joint, <a href="#Clarence">C 23;</a></span><br />
+<span class="i1"> Crittenden's joint, <a href="#Crittenden">C 24;</a></span><br />
+ <span class="i1"> Pugh's joint, <a href="#Pugh">C 26;</a></span><br />
+ <span class="i1"> Powell's joint, <a href="#Powell">C 28;</a></span><br />
+ <span class="i1"> Lovejoy's, <a href="#by_the_Army">C 29;</a></span><br />
+ <span class="i1"> Wilson's, <a href="#nahan">C 32,</a> <a href="#ck_cod">C 33,</a> <a href="#olu">C 47,</a> <a href="#manage">C 55,</a> <a href="#Resolu">C 61;</a></span><br />
+ <span class="i1"> Clark, <a href="#expla">C 34;</a></span><br />
+ <span class="i1"> Sumner, <a href="#on_Army">C 36;</a></span><br />
+<span class="i1"> Fessenden, <a href="#essende">C 38;</a></span><br />
+<span class="i1"> Bingham, <a href="#ingha">C 39;</a></span><br />
+<span class="i1"> Morrill's confiscation joint, <a href="#orril">C 40;</a></span><br />
+ <span class="i1"> Hale, <a href="#ale">C 41;</a></span><br />
+ <span class="i1"> Sumner, <a href="#against">C 43,</a> <a href="#Sumner">C 74;</a></span><br />
+<span class="i1"> Lovejoy, <a href="#Love">C 44;</a></span><br />
+<span class="i1"> Julian, <a href="#Julian">C 45;</a></span><br />
+<span class="i1"> Shank, <a href="#Shank">C 46;</a></span><br />
+<span class="i1"> Colfax, <a href="#Colfax">C 77;</a></span><br />
+<span class="i1"> Hubbard's repeal, <a href="#repealing">C 83.</a></span></p>
+
+<p class="index"><span class="i0">Revolution,</span><br />
+<span class="i1">did not change condition of slave, <a href="#Ordinance_for_the_Northwest">§ 14.</a></span></p>
+
+<p class="index"><span class="i0">Reward, </span><br />
+<span class="i1">offered by Missouri, <a href="#Kansas_1858"> § 62;</a></span><br />
+<span class="i1"> by United States, <a href="#Kansas_1858">§ 62;</a></span><br />
+<span class="i1"> by colonies, <a href="#al">§ 8.</a></span></p>
+
+<p class="index"><span class="i0">Rhode Island legislation, <a href="#Regulations_in_New_England">§ 4;</a></span><br />
+<span class="i1"> emancipation, <a href="#Ordinance_for_the_Northwest">§ 14;</a></span><br />
+<span class="i1"> personal liberty law, <a href="#ssed">§ 79,</a> <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82;</a></span><br />
+ <span class="i1"> regulation of ferries in, <a href="#endments">A 57.</a></span></p>
+
+<p class="index"><span class="i0">Rice, &mdash;&mdash;,</span><br />
+<span class="i1">amendment, <a href="#endme">C 53.</a></span></p>
+
+<p class="index"><span class="i0">Rice, John,</span><br />
+<span class="i1">kidnapped, <a href="#rescue_1858">§ 59.</a></span></p>
+
+<p class="index"><span class="i0">Rich,</span><br />
+<span class="i1">on the fugitive slave bill, <a href="#Propositions_from_1817">§ 20.</a></span></p>
+
+<p class="index"><span class="i0">Riker, Richard,</span><br />
+<span class="i1">in Jones case, <a href="#Jones_case">§ 37.</a>
+</span></p>
+
+<p class="index"><span class="i0">Riley, &mdash;&mdash;, United States commissioner, <a href="#adrac">§ 57.</a></span></p>
+
+<p class="index"><span class="i0">Rotch,</span><br />
+<span class="i1"> aids escape, <a href="#Escapes_in_New_England">§ 5.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Runaways"></a>Runaways, </span><br />
+ <span class="i1">regulations against, <a href="#Dutch_regulations_in_New">§ 6,</a> <a href="#al">§ 8;</a></span><br />
+ <span class="i1"> easily regulated, <a href="#al">§ 8;</a></span><br />
+ <span class="i1"> the habitual, <a href="#wood">§ 66;</a></span><br />
+ <span class="i1"> methods pursued, <a href="#the_N">§ 67;</a></span><br />
+ <span class="i1"> harboring upon a ship, <a href="#the_N">§ 67;</a></span><br />
+<span class="i1"> regulations against, <a href="#away">A 1,</a> <a href="#ants">A 3,</a>
+ <a href="#apprentices_felons">A 4,</a> <a href="#vant">A 7,</a> <a href="#shme">A 17,</a> <a href="#Gloc">A 24,</a> <a href="#unaway_se">A 25,</a> <a href="#ursuit">A 27,</a>
+ <a href="#and_their_entert">A 31,</a> <a href="#nawa">A 33,</a> <a href="#rylan">A 40,</a> <a href="#ay_serva">A 52,</a> <a href="#minors_and">A 61,</a> <a href="#Conn">A 67;</a></span><br />
+<span class="i1">entertainment of, <a href="#ands">A 10,</a> <a href="#tain">A 16,</a> <a href="#admission_to_colony">A 29,</a> <a href="#Appr">A 37,</a> <a href="#arol">A 73;</a></span><br />
+ <span class="i1"> second offence, how punished, <a href="#alty">A 13;</a></span><br />
+ <span class="i1">hue and cry after, <a href="#crie">A 18;</a></span><br />
+ <span class="i1">from the Dutch, <a href="#ship">A 21;</a></span><br />
+ <span class="i1">apprehension of, <a href="#hens">A 22;</a></span><br />
+ <span class="i1"> English, <a href="#ay_wi">A 23;</a></span><br />
+ <span class="i1"> in Glocester, <a href="#Gloc">A 24;</a></span><br />
+ <span class="i1">apprehension of, <a href="#on_of_R">A 35,</a> <a href="#Apprehension">A 38;</a></span><br />
+ <span class="i1">capture rewarded, <a href="#Appr">A 37;</a></span><br />
+ <span class="i1">prevention of, <a href="#vention">A 42;</a></span><br />
+ <span class="i1">to Canada, <a href="#anad">A 50;</a></span><br />
+ <span class="i1">trade with, inhibited, <a href="#Inhibition">A 47;</a></span><br />
+ <span class="i1"> against ferriage of, <a href="#age_o">A 57,</a> <a href="#Ferria">A 74;</a></span><br />
+ <span class="i1"> minor, <a href="#minors_and">A 61;</a></span><br />
+<span class="i1"> pursuit of, <a href="#Pursuit_of">A 79.</a></span></p>
+
+<p class="index"><span class="i0">Russia, Emperor of,</span><br />
+<span class="i1">arbitration by, <a href="#atus">§ 22.</a></span></p>
+
+
+
+
+
+<p class="index"><span class="i0">Saulsbury,</span><br />
+<span class="i1">amendments, <a href="#Grimes">C 51,</a>
+ <a href="#endme">C 53,</a> <a href="#Blair">C 58,</a> <a href="#auls">C 70,</a> <a href="#validity">C 81,</a> <a href="#Discussion">C 82,</a> <a href="#repealing">C 83.</a></span></p>
+
+<p class="index"><span class="i0">Savannah Georgian,</span><br />
+<span class="i1">advertisement in, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Secrecy,</span><br />
+<span class="i1"> observed by fugitives, <a href="#Formal">§ 75.</a></span></p>
+
+<p class="index"><span class="i0">Sedgwick, &mdash;&mdash;,</span><br />
+<span class="i1">on committee, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0">Seizure,</span><br />
+<span class="i1">of North Carolina negroes, <a href="#Propositions_of_1797">§ 19.</a></span><br />
+ <span class="i1"> See also <a href="#Arrest">Arrest,</a> <a href="#Kidnapping">Kidnapping</a> Cases.</span></p>
+
+<p class="index"><span class="i0"><a id="Seminoles"></a>Seminoles,</span><br />
+<span class="i1">steal slaves, <a href="#atus">§ 22;</a></span><br />
+<span class="i1"> trouble, <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+<span class="i1"> United States claims on, <a href="#Assump">B 19.</a></span></p>
+
+<p class="index"><span class="i0">Sergeant, &mdash;&mdash;,</span><br />
+<span class="i1">on the fugitive slave bill, <a href="#Propositions_from_1817">§ 20.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Servants"></a>Servants,</span><br />
+<span class="i1">English, <a href="#unaway_se">A 25,</a> <a href="#ary">A 28;</a></span><br />
+<span class="i1"> an act concerning, <a href="#rolina">A 60;</a></span><br />
+<span class="i1"> regulation of, <a href="#of_white">A 56,</a> <a href="#Delaw">A 70,</a> <a href="#Delawa">A 71;</a></span><br />
+<span class="i1"> fugitive, <a href="#Connect">A 9,</a> <a href="#herlands">A 19,</a>
+ <a href="#ship">A 21,</a> <a href="#New_Jersey">A 32,</a> <a href="#New_Jer">A 39,</a> <a href="#East_New_J">A 41,</a>
+ <a href="#ast_N">A 45,</a> <a href="#Conn">A 67,</a> <a href="#Escape_of">A 78;</a></span><br />
+
+<span class="i1"> how to know a, <a href="#ay_se">A 20.</a></span><br />
+<span class="i1"> See also <a href="#Fugitives">Fugitives,</a> <a href="#Runaways">Runaways.</a></span></p>
+
+<p class="index"><span class="i0">Sewall, Samuel E.,</span><br />
+<span class="i1">counsels fugitives, <a href="#atim">§ 44,</a> <a href="#adrac">§ 57.</a></span></p>
+
+<p class="index"><span class="i0">Seward, W. H.,</span><br />
+<span class="i1">amendments, <a href="#Act_1850">§ 29,</a> <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Shadrach"></a>Shadrach,</span><br />
+ <span class="i1"> case, <a href="#adrac">§ 57;</a></span><br />
+ <span class="i1">personal liberty laws tested, <a href="#assach">§ 81;</a></span><br />
+ <span class="i1"> Clay's resolution on, <a href="#Clay">B 33;</a></span><br />
+ <span class="i1"> case, <a href="#ach_ca">D 48.</a></span></p>
+
+<p class="index"><span class="i0">Shank, &mdash;&mdash;,</span><br />
+<span class="i1">resolution, <a href="#Shank">C 46.</a></span></p>
+
+<p class="index"><span class="i0">Shanley vs. Haney case, <a href="#ley">D 8.</a></span></p>
+
+<p class="index"><span class="i0">Shaw, Chief Justice,</span><br />
+<span class="i1">in Latimer case, <a href="#atim">§ 44.</a></span></p>
+
+<p class="index"><span class="i0">Shell, O. P.,</span><br />
+<span class="i1">advertises a runaway, <a href="#ndit">§ 65.</a></span></p>
+
+<p class="index"><span class="i0">Sheriff,</span><br />
+<span class="i1">power of, <a href="#Provisions_of_the_second">§ 30.</a></span></p>
+
+<p class="index"><span class="i0">Sherman, John,</span><br />
+<span class="i1">amendments, <a href="#in_the_Senate">§ 103</a>, <a href="#Discussion">C 82.</a></span></p>
+
+<p class="index"><span class="i0">Sherman, Roger,</span><br />
+<span class="i1"> on the fugitive slave clause, <a href="#giti">§ 15;</a></span><br />
+<span class="i1"> on committee, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0">Sherwood, Major,</span><br />
+<span class="i1">case of servant of, <a href="#ypic">§ 94,</a> <a href="#Major_Sherwood">D 67.</a></span></p>
+
+<p class="index"><span class="i0">Ship,</span><br />
+<span class="i1">refuge for runaways, <a href="#the_N">§ 67;</a></span><br />
+ <span class="i1"> slave on Brazilian, <a href="#on_board">D 36.</a></span></p>
+
+<p class="index"><span class="i0">Ship-masters, Dutch,</span><br />
+<span class="i1">rewarded, <a href="#ship">A 21.</a></span></p>
+
+<p class="index"><span class="i0">Sims, Thomas M.,</span><br />
+<span class="i1"> case, <a href="#ims">§ 54;</a></span><br />
+ <span class="i1"> brigade, § <a href="#ims">54;</a></span><br />
+ <span class="i1"> court-house used as jail, <a href="#assach">§ 81;</a></span><br />
+ <span class="i1"> case, <a href="#ims_ca">D 47.</a></span></p>
+
+<p class="index"><span class="i0">Slaves,</span><br />
+<span class="i1"> conditions of life, <a href="#ndit">§ 65;</a></span><br />
+ <span class="i1"> Mother's Farewell, extract from, <a href="#ason">§ 64;</a></span><br />
+ <span class="i1"> stealing of, <a href="#stealing">A 77;</a></span><br />
+ <span class="i1"> abolition of trade in, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+ <span class="i1"> status of, in England, <a href="#atus">§ 22;</a></span><br />
+ <span class="i1"> question of damages, <a href="#Provisions_of_the_second">§ 30;</a></span><br />
+<span class="i1"> must wear livery, <a href="#ndit">§ 65;</a></span><br />
+ <span class="i1"> new conditions surround, <a href="#The_q">§ 88;</a></span><br />
+ <span class="i1"> regulation of, <a href="#New_Y">A 49,</a> <a href="#better">A 54,</a> <a href="#ew_Je">A 55,</a> <a href="#rolina">A 60,</a> <a href="#h_Ca">A 64,</a>
+ <a href="#Conn">A 67,</a> <a href="#Delaw">A 70,</a> <a href="#Delawa">A 71,</a> <a href="#Sou">A 72;</a></span><br />
+ <span class="i1"> extradition of, <a href="#odbrid">B 21;</a></span><br />
+ <span class="i1"> status on the high seas, <a href="#alhoun">B 20,</a> <a href="#iddings">B 23;</a></span><br />
+<span class="i1"> of the Dutch, escape to the English, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> escape to the forest, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> of rebels, resolutions on, <a href="#The_q">§ 88;</a></span><br />
+ <span class="i1"> bill to free, <a href="#umbu">C 52.</a></span></p>
+
+<p class="index"><span class="i0">Slaveholder, </span><br />
+<span class="i1">demand for legislation, <a href="#giti">§ 15;</a></span><br />
+ <span class="i1"> basis of, argued, <a href="#Effe">§ 16;</a></span><br />
+ <span class="i1"> complaints of, <a href="#Propositions_of_1797">§ 19.</a></span></p>
+
+<p class="index"><span class="i0">Slave-hunters,</span><br />
+<span class="i1"> how received, <a href="#ds_pu">§ 72;</a></span><br />
+ <span class="i1"> insurrections to prevent, <a href="#insurrections">A 68.</a></span></p>
+
+<p class="index"><span class="i0">Slavery,</span><br />
+<span class="i1">condition in the colonies, <a href="#International_cases">§ 11;</a></span><br />
+<span class="i1"> interests advanced, <a href="#Effe">§ 16;</a></span><br />
+<span class="i1"> justification of, <a href="#Effe">§ 16;</a></span><br />
+<span class="i1"> extinction of, <a href="#ge_in">§ 33;</a> </span><br />
+ <span class="i1"> attacked in Congress, <a href="#ry_at">§ 89;</a></span><br />
+ <span class="i1"> abolition in the District of Columbia, <a href="#bia">§ 98,</a> <a href="#ill">C 62,</a> <a href="#abolitio">C 65;</a></span><br />
+ <span class="i1">studies of the institution of, <a href="#Secondary_works">E 3;</a></span><br />
+ <span class="i1"> studies of colonial, <a href="#Secondary_works">E 3;</a></span><br />
+ <span class="i1"> speeches upon, <a href="#eeche">E 8.</a></span></p>
+
+<p class="index"><span class="i0">Smith, &mdash;&mdash;,</span><br />
+<span class="i1">on fugitive slave law, <a href="#Propositions_from_1817">§ 20.</a></span></p>
+
+<p class="index"><span class="i0">Smith, Gerrit,</span><br />
+<span class="i1">in Anderson case, <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+<span class="i1"> in "Jerry" rescue, <a href="#Jerry_McHenry">§ 58.</a></span></p>
+
+<p class="index"><span class="i0">Smithburg case, <a href="#Smithb">D 32.</a></span></p>
+
+<p class="index"><span class="i0">Society for the Abolition of Slavery.</span><br />
+<span class="i1">See <a href="#Pennsylvania">Pennsylvania.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Somersett_case"></a>Somersett case,
+<a href="#mother_country"> § 12,</a> <a href="#Somer">D 9.</a></span></p>
+
+<p class="index"><span class="i0">Soulé, &mdash;&mdash;,</span><br />
+<span class="i1">on the fugitive slave bill, <a href="#ts_fo">§ 31.</a> </span></p>
+
+<p class="index"><span class="i0">South Bend Case, <a href="#Bend">D 38.</a></span></p>
+
+<p class="index"><span class="i0">South Carolina,</span><br />
+<span class="i1"> regulations on fugitives, <a href="#egula">§ 2,</a> <a href="#Treatment_of_fugitives">§ 3;</a></span><br />
+<span class="i1"> difficulty in recovering fugitives, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> constitutional convention in, <a href="#giti">§ 15;</a></span><br />
+<span class="i1"> regulations against runaways, <a href="#Carolina">A 43,</a>
+ <a href="#Inhibition">A 47,</a> <a href="#Additional">A 58,</a> <a href="#outh_Caro">A 62,</a> <a href="#h_Ca">A 64;</a></span><br />
+<span class="i1"> regulation of slaves, <a href="#better">A 54,</a> <a href="#h_Ca">A 64,</a> <a href="#ula">A 69,</a>
+ <a href="#stealing">A 77.</a></span></p>
+
+<p class="index"><span class="i0">Southern States,</span><br />
+<span class="i1">complain of Underground Railroad, <a href="#enera">§ 76.</a></span></p>
+
+<p class="index"><span class="i0">Spalding, &mdash;&mdash;,</span><br />
+<span class="i1">repeal bill, <a href="#Early_propositions_to">§ 101,</a> <a href="#repeal">C 80.</a></span></p>
+
+<p class="index"><span class="i0">Spanish colonies,</span><br />
+<span class="i1">interval of unpopulated country south, <a href="#Elem">§ 1.</a> </span></p>
+
+<p class="index"><span class="i0">Sprague, E., <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">State Jails.</span><br />
+<span class="i1">See <a href="#Jails">Jails.</a></span></p>
+
+<p class="index"><span class="i0">State Officers,</span><br />
+<span class="i1">power discussed, <a href="#Propositions_of_1797">§ 19,</a> <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1"> forfeiture of office, <a href="#assach">§ 81;</a></span><br />
+ <span class="i1"> forbidden to act, <a href="#ssed">§ 79,</a> <a href="#assach">§ 81.</a></span></p>
+
+<p class="index"><span class="i0">St. Augustine,</span><br />
+<span class="i1">escapes to, <a href="#al">§ 8.</a></span></p>
+
+<p class="index"><span class="i0">St. Luc, Sieur de la Corne,</span><br />
+<span class="i1">negro servant of, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0">Staunton, General,</span><br />
+<span class="i1"> in Sherwood case, <a href="#ypic">§ 94.</a></span></p>
+
+<p class="index"><span class="i0">Stevens, &mdash;&mdash;,</span><br />
+<span class="i1">repeal bill, <a href="#Early_propositions_to">§ 101,</a> <a href="#repeal">C 80;</a></span><br />
+ <span class="i1"> motion of, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">Stevenson, &mdash;&mdash;,</span><br />
+<span class="i1">resolution, <a href="#Steve">C 6.</a></span></p>
+
+<p class="index"><span class="i0">Stewart, &mdash;&mdash;.</span><br />
+<span class="i1"> See <a href="#Somersett_case">Somersett Case.</a></span></p>
+
+<p class="index"><span class="i0">Story, Justice,</span><br />
+<span class="i1">decision in Prigg case, <a href="#app">§ 25.</a></span></p>
+
+<p class="index"><span class="i0">Stuyvesant, Governor,</span><br />
+<span class="i1"> in fugitive slave case, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0">Sumner, Charles,</span><br />
+<span class="i1"> in Drayton case, <a href="#and_Walker_cases">§ 50;</a></span><br />
+<span class="i1"> resolutions, <a href="#discussed_in_Congress">§ 95;</a></span><br />
+<span class="i1"> repeal bills, <a href="#Early_propositions_to">§ 101,</a> <a href="#ussi">§ 102,</a> <a href="#repeal">C 80;</a></span><br />
+ <span class="i1"> resolutions, <a href="#on_Army">C 36,</a> <a href="#against">C 43,</a> <a href="#Sumner">C 74;</a></span><br />
+ <span class="i1"> amendment, <a href="#endments">C 57.</a></span></p>
+
+<p class="index"><span class="i0">Suttle, Charles F.,</span><br />
+<span class="i1"> in Burns case, <a href="#urns">§ 55.</a></span></p>
+
+<p class="index"><span class="i0">Swain, John,</span><br />
+<span class="i1">suit for slave, <a href="#Escapes_in_New_England">§ 5.</a></span></p>
+
+<p class="index"><span class="i0">Swamps,</span><br />
+<span class="i1">as a refuge, <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Swan, Captain,</span><br />
+<span class="i1">in Wisdom case, <a href="#ypic">§ 94.</a></span></p>
+
+<p class="index"><span class="i0">Swedish colonies,</span><br />
+<span class="i1">along the coast, <a href="#Elem">§ 1;</a></span><br />
+<span class="i1"> regulations on fugitives, <a href="#egula">§ 2.</a></span></p>
+
+<p class="index"><span class="i0">Syracuse, "Jerry" rescue in, <a href="#Jerry_McHenry">§ 58.</a></span></p>
+
+
+
+
+
+<p class="index"><span class="i0">Taylor, &mdash;&mdash;, on committee, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0">Ten Eyck, &mdash;&mdash;,</span><br />
+<span class="i1">amendment, <a href="#Grimes">C 51;</a></span><br />
+<span class="i1">report of, <a href="#repeal">C 80.</a></span></p>
+
+<p class="index"><span class="i0">Thomas case, <a href="#Thomas_case">D 30.</a></span></p>
+
+<p class="index"><span class="i0">Thompson, &mdash;&mdash;, case, <a href="#Thompson_case">D 27.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Tre"></a>Treaty,</span><br />
+<span class="i1"> of Hartford, fugitive slave clause in, <a href="#aty_w">A 14;</a></span><br />
+<span class="i1"> of 1783, <a href="#clause">B 2;</a></span><br />
+<span class="i1"> with Indian tribes, <a href="#atio">§ 13,</a> <a href="#Effe">§ 16,</a> <a href="#The_first">§ 17,</a> <a href="#atus">§ 22,</a> <a href="#gitive">B 1,</a> <a href="#lauses">B 3,</a> <a href="#ian_tre">B 5,</a>
+ <a href="#urning">B 8,</a> <a href="#on_of_sl">B 11,</a> <a href="#lause_i">B 12,</a> <a href="#Assump">B 19;</a></span><br />
+<span class="i1"> of Ghent, <a href="#atus">§ 22,</a> <a href="#lause_i">B 12;</a></span><br />
+ <span class="i1"> proposed with Great Britain, <a href="#Canada_and_Mexico_places_of_refuge">§ 23.</a></span></p>
+
+<p class="index"><span class="i0">Tremont Temple,</span><br />
+<span class="i1">mass meetings in, <a href="#ims">§ 54.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Trial"></a>Trial, by jury,</span><br />
+<span class="i1">not admitted, in first act, <a href="#Propositions_of_1797">§ 19;</a></span><br />
+<span class="i1"> objected to, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1"> denied, <a href="#Provisions_of_the_second">§ 30;</a></span><br />
+<span class="i1"> proposed, <a href="#repeal_or_amend">§ 87;</a></span><br />
+ <span class="i1"> resolution demanding, <a href="#Colfax">C 77.</a></span></p>
+
+<p class="index"><span class="i0">Trumbull,</span><br />
+<span class="i1">confiscation bill, <a href="#provisions_extended">§ 91,</a> <a href="#cation_B">C 30,</a> <a href="#onfisc">C 37;</a></span><br />
+<span class="i1"> bill, <a href="#umbu">C 52;</a></span><br />
+<span class="i1"> amendments, <a href="#Chan">C 31,</a> <a href="#endments">C 57,</a> <a href="#disloyal">C 78.</a></span></p>
+
+<p class="index"><span class="i0"><a id="Tubman_Harriet"></a>Tubman, Harriet,</span><br />
+<span class="i1">account of, <a href="#ts_of">§ 73.</a></span></p>
+
+<p class="index"><span class="i0">Tukey, Marshal,</span><br />
+<span class="i1">in Sims case, <a href="#ims">§ 54.</a></span></p>
+
+<p class="index"><span class="i0">Turc,</span><br />
+<span class="i1">escape of, <a href="#Intercolonial_cases">§ 9.</a></span></p>
+
+
+
+
+
+
+<p class="index"><span class="i0">Underground Railroad,</span><br />
+<span class="i1"> beginnings of, <a href="#app">§ 25;</a></span><br />
+<span class="i1"> how regarded by the South, <a href="#ts_fo">§ 31;</a> </span><br />
+<span class="i1"> methods south of the Ohio, <a href="#Garner">§ 56;</a></span><br />
+<span class="i1"> use of, by John Brown, <a href="#Kansas_1858">§ 62;</a></span><br />
+<span class="i1"> incident at, <a href="#ason">§ 64;</a></span><br />
+<span class="i1"> description of, <a href="#rgro">§ 70;</a></span><br />
+<span class="i1"> rise and growth, <a href="#ise">§ 71;</a></span><br />
+<span class="i1"> stations on, described, <a href="#ds_pu">§ 72;</a></span><br />
+<span class="i1"> methods pursued, <a href="#ds_pu">§ 72;</a></span><br />
+<span class="i1"> extent of system, <a href="#ise">§ 71;</a></span><br />
+<span class="i1"> origin of name, <a href="#ise">§ 71;</a></span><br />
+<span class="i1"> in the South, <a href="#ds_pu">§ 72;</a></span><br />
+<span class="i1"> in the North, <a href="#ds_pu">§ 72;</a></span><br />
+<span class="i1"> colored agents on, <a href="#ds_pu">§ 72, </a> <a href="#ts_of">§ 73;</a></span><br />
+<span class="i1"> prosecution of agents, <a href="#f_age">§ 74;</a></span><br />
+<span class="i1"> formal organization, <a href="#Formal">§ 75;</a></span><br />
+<span class="i1"> market women as helpers, <a href="#Formal">§ 75.</a></span></p>
+
+<p class="index"><span class="i0">Underwood, &mdash;&mdash;,</span><br />
+<span class="i1">amendment, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">United Colonies,</span><br />
+<span class="i1"> treaty with New Netherlands, <a href="#aty_w">A 14.</a></span></p>
+
+
+<p class="index"><span class="i0">United States,</span><br />
+<span class="i1">reward offered for John Brown, <a href="#Kansas_1858">§ 62;</a></span><br />
+<span class="i1"> in Seminole trouble, <a href="#atus">§ 22;</a></span><br />
+<span class="i1"> in Anderson case, <a href="#Canada_and_Mexico_places_of_refuge">§ 23.</a></span><br />
+ <span class="i1"> See also <a href="#Act">Acts,</a> <a href="#Bill">Bills,</a> <a href="#Fugitives">Fugitives,</a>
+ <a href="#solution">Resolutions,</a> <a href="#Runaways">Runaways.</a></span></p>
+
+<p class="index"><span class="i0">United States Hotel,</span><br />
+<span class="i1"> slave hunters at, <a href="#Fugitives_disguised">§ 69.</a></span></p>
+
+
+
+
+
+<p class="index"><span class="i0">Vallandigham, C. L.,</span><br />
+<span class="i1">amendment, <a href="#ompromis">C 25.</a></span></p>
+
+<p class="index"><span class="i0">Van Zandt,</span><br />
+<span class="i1">aids fugitive, <a href="#and_Walker_cases">§ 50,</a> <a href="#andt">D 25.</a></span></p>
+
+<p class="index"><span class="i0">Vermont,</span><br />
+<span class="i1">personal liberty laws in, <a href="#ssed">§ 79,</a> <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82;</a></span></p>
+
+<p class="index"><span class="i0">Vigilance committee</span><br />
+<span class="i1">organized, <a href="#erfer">§ 41;</a></span><br />
+<span class="i1"> in "Jerry" rescue, <a href="#Jerry_McHenry">§ 58.</a></span></p>
+
+<p class="index"><span class="i0">Villeinage,</span><br />
+<span class="i1">ceased in England, <a href="#mother_country">§ 12.</a></span></p>
+
+<p class="index"><span class="i0">Virginia,</span><br />
+<span class="i1"> regulations on fugitives, <a href="#Treatment_of_fugitives">§ 3;</a></span><br />
+<span class="i1"> rewards the recovery of a fugitive, <a href="#al">§ 8;</a></span><br />
+<span class="i1"> slaves escape, <a href="#al">§ 8;</a></span><br />
+ <span class="i1"> constitutional convention in, <a href="#giti">§ 15;</a></span><br />
+ <span class="i1"> Governor of, action in "John" case, <a href="#The_first">§ 17;</a></span><br />
+ <span class="i1"> demands arrest of abettors of a fugitive, <a href="#Boston_and_Isaac">§ 47;</a></span><br />
+<span class="i1"> regulation against the entertainment of fugitives, <a href="#ainm">A 6;</a></span><br />
+ <span class="i1"> regulations against runaways, <a href="#vant">A 7,</a> <a href="#alty">A 13,</a> <a href="#tain">A 16,</a> <a href="#shme">A 17,</a> <a href="#crie">A 18,</a> <a href="#ay_se">A 20,</a>
+ <a href="#hens">A 22,</a> <a href="#unaway_se">A 25,</a> <a href="#ursuit">A 27,</a> <a href="#Entertainment_of">A 30,</a> <a href="#nawa">A 33,</a> <a href="#on_of_R">A 35,</a> <a href="#Appr">A 37,</a> <a href="#ay_serva">A 52;</a></span><br />
+ <span class="i1"> reward for the capture of runaways, <a href="#ship">A 21,</a> <a href="#ward">A 36;</a></span><br />
+ <span class="i1"> on English runaways, <a href="#hens">A 22;</a></span><br />
+ <span class="i1"> in county of Glocester, <a href="#Gloc">A 24;</a></span><br />
+ <span class="i1"> repeal law, <a href="#Sept">A 44;</a></span><br />
+ <span class="i1"> amends law, <a href="#sylv">A 48;</a></span><br />
+ <span class="i1"> amended, <a href="#lier_act_amend">A 66;</a></span><br />
+ <span class="i1"> against ferriage of runaways, <a href="#Ferria">A 74.</a></span></p>
+
+
+
+<p class="index"><span class="i0">Walker, Jonathan,</span><br />
+<span class="i1">aids fugitives, <a href="#and_Walker_cases">§ 50,</a> <a href="#ker_ca">D 31.</a></span></p>
+
+<p class="index"><span class="i0">Walton, &mdash;&mdash;,</span><br />
+<span class="i1">amendment, <a href="#cat">C 67,</a> <a href="#Sumner">C 74.</a></span></p>
+
+<p class="index"><span class="i0">Washington, President,</span><br />
+<span class="i1">asks for the return of a fugitive, <a href="#side">§ 35,</a> <a href="#s_sl">D 13.</a></span></p>
+
+<p class="index"><span class="i0">Washington case, <a href="#Washington_case">§ 39,</a> <a href="#ton_ca">D 42.</a></span></p>
+
+<p class="index"><span class="i0">Washington, jail,</span><br />
+ <span class="i1">resolutions on, <a href="#nahan">C 32,</a> <a href="#expla">C 34,</a> <a href="#essende">C 38,</a> <a href="#ingha">C 39,</a> <a href="#manage">C 55.</a></span><br />
+<span class="i1"> See also <a href="#Jail">Jail.</a></span></p>
+
+<p class="index"><span class="i0">Webster, Daniel,</span><br />
+<span class="i1"> in Creole case, <a href="#on_the_high_seas">§ 24;</a></span><br />
+<span class="i1"> introduces bill, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">Wellington.</span><br />
+<span class="i1">See <a href="#Oberlin-Wellington">Oberlin-Wellington.</a></span></p>
+
+<p class="index"><span class="i0">West India Company,</span><br />
+<span class="i1">regulation of, <a href="#egula">§ 2;</a></span><br />
+<span class="i1"> execution of regulation <a href="#Escapes_from_New_Amsterdam">§ 7;</a></span><br />
+<span class="i1"> ordinance of, <a href="#away">A 1.</a></span></p>
+
+<p class="index"><span class="i0">Whipping,</span><br />
+<span class="i1">motive for flight, <a href="#ason">§ 64.</a></span></p>
+
+<p class="index"><span class="i0">Whipple, &mdash;&mdash;,</span><br />
+<span class="i1">in kidnapping case, <a href="#side">§ 35.</a></span></p>
+
+<p class="index"><span class="i0">White, &mdash;&mdash;,</span><br />
+<span class="i1">on committee, <a href="#The_first">§ 17.</a></span></p>
+
+<p class="index"><span class="i0">White slaves.</span><br />
+<span class="i1">See <a href="#Redemptioners">Redemptioners,</a> <a href="#Servants">Servants.</a></span></p>
+
+<p class="index"><span class="i0">Whitman, &mdash;&mdash;,</span><br />
+<span class="i1"> on the fugitive slave bill <a href="#Propositions_of_1797">§ 19,</a> <a href="#Propositions_from_1817">§ 20.</a></span></p>
+
+<p class="index"><span class="i0">Williams case, <a href="#llia">D 17.</a></span></p>
+
+<p class="index"><span class="i0">Williamson case, <a href="#mson_ca">D 59.</a></span></p>
+
+<p class="index"><span class="i0">Wilkins, Frederick.</span><br />
+<span class="i1">See <a href="#Shadrach">Shadrach.</a></span></p>
+
+<p class="index"><span class="i0">Wilson, &mdash;&mdash;,</span><br />
+<span class="i1"> on Butler's proposition, <a href="#giti">§ 15.</a></span></p>
+
+<p class="index"><span class="i0">Wilson, Henry,</span><br />
+<span class="i1">on confiscation, <a href="#Confiscation_bills">§ 90;</a></span><br />
+<span class="i1"> bills, <a href="#bia">§ 98,</a>
+<a href="#cipat">C 42,</a> <a href="#ilso">C 48,</a>
+<a href="#Wils">C 54,</a> <a href="#al_the_bl">C 56;</a></span><br />
+<span class="i1"> resolutions, <a href="#discussed_in_Congress"> § 95,</a>
+<a href="#jails_in_the_District">§ 97,</a>
+ <a href="#Joint_R">C 32,</a> <a href="#ck_cod">C 33,</a> <a href="#olu">C 47,</a>
+<a href="#manage">C 55,</a> <a href="#Resolu">C 61;</a></span><br />
+<span class="i1"> amendment, <a href="#arri">C 71.</a></span></p>
+
+<p class="index"><span class="i0">Winthrop, &mdash;&mdash;,</span><br />
+<span class="i1">amendment, <a href="#lative">B 30.</a></span></p>
+
+<p class="index"><span class="i0">Winthrop, Governor John,</span><br />
+<span class="i1">in fugitive slave case, <a href="#International_cases">§ 11.</a></span></p>
+
+<p class="index"><span class="i0">Wisconsin, </span><br />
+<span class="i1">personal liberty laws in, <a href="#occa">§ 80,</a> <a href="#ew_of">§ 82;</a></span><br />
+<span class="i1"> Supreme Court decision, <a href="#crisis_of_1860">§ 85.</a></span></p>
+
+<p class="index"><span class="i0">Wisdom case, <a href="#ypic">§ 94,</a> <a href="#om_ca">D 66</a>.</span></p>
+
+<p class="index"><span class="i0">Woodbridge resolutions, <a href="#Canada_and_Mexico_places_of_refuge">§ 23,</a> <a href="#odbrid">B 21</a>.</span></p>
+
+<p class="index"><span class="i0">Woods,</span><br />
+<span class="i1">as a refuge, <a href="#Elem">§ 1,</a> <a href="#wood">§ 66.</a></span></p>
+
+<p class="index"><span class="i0">Wright, &mdash;&mdash;,</span><br />
+<span class="i1">presents Maryland Resolution, <a href="#Missouri_Compromise">§ 21.</a></span></p>
+
+<p class="index"><span class="i0">Writ,</span><br />
+<span class="i1"> of habeas corpus, in Somersett case, <a href="#mother_country">§ 12;</a></span><br />
+<span class="i1"> allowed, <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1"> advisability of, <a href="#Propositions_of_1797">§ 19,</a> <a href="#Propositions_from_1817">§ 20;</a></span><br />
+<span class="i1"> refused, <a href="#Canada_and_Mexico_places_of_refuge">§ 23;</a></span><br />
+<span class="i1"> issued, <a href="#ickas">§ 42;</a></span><br />
+<span class="i1">of personal replevin, sworn out, <a href="#atim">§ 44.</a> </span></p>
+
+
+
+<p class="index"><span class="i0">Yulee,</span><br />
+<span class="i1">on the fugitive slave law, <a href="#ts_fo">§ 31.</a></span></p>
+
+
+
+
+
+<h2><span id="id4"><a id="FOOTNOTES"></a>FOOTNOTES.</span></h2>
+
+<div class="fnbox">
+<p><b>Footnotes Chapter I.</b></p>
+
+<p class="ind"><small><a id="fn1"></a><a href="#masters">1</a></small> Hurd, Law of Freedom and Bondage, I. 295.</p>
+
+<p class="ind"><small><a id="fn2"></a><a href="#County">2</a></small> Nation, April 18, 1889.</p>
+
+<p class="ind"><small><a id="fn3"></a><a href="#service">3</a></small> Appendix A, No. <a href="#away">1.</a></p>
+
+<p class="ind"><small><a id="fn4"></a><a href="#ugi">4</a></small> N. Y. Colonial Manuscripts, XIII. 211.</p>
+
+<p class="ind"><small><a id="fn5"></a><a href="#Province">5</a></small> Appendix A, No. <a href="#ast_N">45.</a></p>
+
+<p class="ind"><small><a id="fn6"></a><a href="#person">6</a></small> Hurd, Law of Freedom and Bondage, I. 295.</p>
+
+<p class="ind"><small><a id="fn7"></a><a href="#he7">7</a></small> The texts will be found <i>post</i>, Appendix <a href="#APPENDIX_A">A.</a></p>
+
+<p class="ind"><small><a id="fn8"></a><a href="#R8">8</a></small> Appendix A, No. <a href="#ainm">6.</a></p>
+
+<p class="ind"><small><a id="fn9"></a><a href="#wn9">9</a></small> Appendix A, No. <a href="#ay_wi">23.</a></p>
+
+<p class="ind"><small><a id="fn10"></a><a href="#rs10">10</a></small> Appendix A, No. <a href="#ay_se">20.</a></p>
+
+<p class="ind"><small><a id="fn11"></a><a href="#er11">11</a></small> Iredell, 90; Appendix A, No. <a href="#arol">73.</a></p>
+
+<p class="ind"><small><a id="fn12"></a><a href="#ed12">12</a></small> Maryland Archives, II. 224.</p>
+
+<p class="ind"><small><a id="fn13"></a><a href="#taken13">13</a></small> Appendix A, No. <a href="#achu">2.</a></p>
+
+<p class="ind"><small><a id="fn14"></a><a href="#town14">14</a></small> Appendix A, No. <a href="#assa">53.</a></p>
+
+<p class="ind"><small><a id="fn15"></a><a href="#pass15">15</a></small> Appendix A, No. <a href="#age_o">57;</a> Appendix D, No. <a href="#us_At">6.</a></p>
+
+<p class="ind"><small><a id="fn16"></a><a href="#etc16">16</a></small> Boston Gazette, Jan. 1, 1770.</p>
+
+<p class="ind"><small><a id="fn17"></a><a href="#law17">17</a></small> Boston Gazette, Oct. 2, 1750; G. W. Williams, History of the Negro Race
+in America, I. 330.</p>
+
+<p class="ind"><small><a id="fn18"></a><a href="#erv18">18</a></small> Liberator, March 16, 1860.</p>
+
+<p class="ind"><small><a id="fn19"></a><a href="#rch19">19</a></small> W. C. Nell's Address at the Nineteenth Anniversary of Boston Massacre.</p>
+
+<p class="ind"><small><a id="fn20"></a><a href="#efenda20">20</a></small> Moore, Slavery in Massachusetts, 117.</p>
+
+<p class="ind"><small><a id="fn21"></a><a href="#guilders21">21</a></small> Appendix A, No. <a href="#ants">3;</a> Appendix D, No. <a href="#ip_Fr">10.</a></p>
+
+<p class="ind"><small><a id="fn22"></a><a href="#Company22">22</a></small> See <i>ante</i>, §&nbsp;<a href="#egula">2.</a></p>
+
+<p class="ind"><small><a id="fn23"></a><a href="#chains23">23</a></small> N.&nbsp;Y. Colonial Manuscripts, XIII. 238; Letter from Jacob Aldrich to
+Director Stuyvesant of New Netherlands, New Amstel, 14&nbsp;May, 1659; Documentary History
+of N.&nbsp;Y. Colony, II. 556; Appendix D, No. <a href="#pe_to">2.</a></p>
+
+<p class="ind"><small><a id="fn24"></a><a href="#or24">24</a></small> Appendix A, No. <a href="#Arti">8,</a> Gilman, History of the American People, 605.</p>
+
+<p class="ind"><small><a id="fn25"></a><a href="#Haven25">25</a></small> N. Y. Colonial Manuscripts, I. 342; Doyle, English in America, I. 391.</p>
+
+<p class="ind"><small><a id="fn26"></a><a href="#value26">26</a></small> Maryland Archives, II. 523.</p>
+
+<p class="ind"><small><a id="fn27"></a><a href="#value27">27</a></small> Appendix A, No. <a href="#Appr">37.</a></p>
+
+<p class="ind"><small><a id="fn28"></a><a href="#inducement28">28</a></small> Acts and Laws of Connecticut, 229.</p>
+
+<p class="ind"><small><a id="fn29"></a><a href="#fugitives29">29</a></small> N. Y. Colonial Manuscripts, V. 637; Appendix D, No. <a href="#dian">4.</a></p>
+
+<p class="ind"><small><a id="fn30"></a><a href="#done30">30</a></small> N. Y. Colonial Manuscripts, V. 793.</p>
+
+<p class="ind"><small><a id="fn31"></a><a href="#Canada31">31</a></small> Appendix A, Nos. <a href="#anad">50,</a> <a href="#Act_o">59.</a></p>
+
+<p class="ind"><small><a id="fn32"></a><a href="#refuge32">32</a></small> Giddings, Exiles of Florida, 281; Wilson, Rise and Fall of the Slave
+Power in America, I. 122.</p>
+
+<p class="ind"><small><a id="fn33"></a><a href="#of33">33</a></small> <i>Ante</i>, §&nbsp;<a href="#al">8.</a></p>
+
+<p class="ind"><small><a id="fn34"></a><a href="#landed34">34</a></small> Letter from William Beekman to Director Stuyvesant, in N. Y. Colonial
+Manuscripts, XIII. 346; Appendix D, No. <a href="#pe_of">3.</a></p>
+
+<p class="ind"><small><a id="fn35"></a><a href="#sentence35">35</a></small> N. Y. Colonial Manuscripts, XIII. 346.</p>
+
+<p class="ind"><small><a id="fn36"></a><a href="#Dutch36">36</a></small> Moore, Notes on the History of Slavery in Massachusetts, 28;
+ Doyle, English in America, I. 391; compare Appendix A, No.&nbsp;<a href="#aty_w">14.</a></p>
+
+<p class="ind"><small><a id="fn37"></a><a href="#reputation37">37</a></small> John Winthrop, History of New England from 1630 to 1649, p. 383;
+Appendix D, No. <a href="#ds_and">1.</a></p>
+
+<p class="ind"><small><a id="fn38"></a><a href="#Netherlands38">38</a></small> Archives of Maryland, Proceedings of Council, 1636-1667, pp. 134, 135.</p>
+
+<p class="ind"><small><a id="fn39"></a><a href="#Netherland39">39</a></small> Archives of Maryland, Proceedings of Council, III. 472.</p>
+
+<p class="ind"><small><a id="fn40"></a><a href="#above40">40</a></small> Letter from M. de la Jonquière to M. de Rouillé, in N. Y. Colonial Manuscripts, X. 209;
+Appendix D, No. <a href="#to_Fr">5.</a></p>
+
+<p class="ind"><small><a id="fn41"></a><a href="#free41">41</a></small> Massachusetts Historical Society Collections, Third
+Series, IX. 2; Appendix D, No. <a href="#asgo">7.</a></p>
+
+<p class="ind"><small><a id="fn42"></a><a href="#free42">42</a></small> J. Quincy, Reports of Cases, 96; Appendix D, No. <a href="#ley">8.</a></p>
+
+<p class="ind"><small><a id="fn43"></a><a href="#countries43">43</a></small> Moore, Slavery in Massachusetts, 117; T. R. Cobb, Historical
+Sketch of Slavery, 2, Law of Negro Slavery, 164; Massachusetts Historical Society Collections,
+Third Series, IX. 2; Josiah Quincy, Reports of Cases, 96; Hurd, Law of Freedom and Bondage, II.</p>
+
+<p class="ind"><small><a id="fn44"></a><a href="#deliver44">44</a></small> Appendix B, No. <a href="#gitive">1.</a></p>
+
+<p class="ind"><small><a id="fn45"></a><a href="#property45">45</a></small> Appendix B, Nos. <a href="#lauses">3,</a> <a href="#ian_tre">5.</a></p>
+
+<p class="ind"><small><a id="fn46"></a><a href="#property46">46</a></small> Appendix B, No. <a href="#clause">2.</a></p>
+
+<p class="ind"><small><a id="fn47"></a><a href="#secured47">47</a></small> <i>Post</i>, §&nbsp;<a href="#atus">22.</a></p>
+
+<p class="ind"><small><a id="fn48"></a><a href="#after48">48</a></small> Randall, Jefferson, I. 397-400; Winsor, VII. 528;
+Journals of Congress, IX. 153-156.</p>
+
+<p class="ind"><small><a id="fn49"></a><a href="#States49">49</a></small> Appendix B, No. <a href="#ordin">4;</a> Journals of Congress, X. 79; Bancroft, History
+of the U. S. (last rev.), VI. 132-134;
+Bancroft, Constitution, I. 178-180; Hildreth, III. 458.</p>
+
+<p class="ind"><small><a id="fn50"></a><a href="#aforesaid50">50</a></small> Appendix B, No. <a href="#thwest">6.</a> On the Northwest Ordinance in general, see Winsor, VII. 538;
+ J. H. Merriam, Legislative History of the Ordinance of 1787 (Worcester, 1888); Lalor's Cyclopædia, III. 30-34.</p>
+
+<p class="ind"><small><a id="fn51"></a><a href="#criminals51">51</a></small> Elliot's Debates, V. 487.</p>
+
+<p class="ind"><small><a id="fn52"></a><a href="#horse52">52</a></small> Ibid., V. 487.</p>
+
+<p class="ind"><small><a id="fn53"></a><a href="#due53">53</a></small> Appendix B, No. <a href="#tution">7.</a></p>
+
+<p class="ind"><small><a id="fn54"></a><a href="#bad54">54</a></small> Elliot's Debates, III. 277.</p>
+
+<p class="ind"><small><a id="fn55"></a><a href="#necessary55">55</a></small> Ibid., III. 182.</p>
+
+<p class="ind"><small><a id="fn56"></a><a href="#State56">56</a></small> Ibid., III. 401.</p>
+
+<p class="ind"><small><a id="fn57"></a><a href="#slaves57">57</a></small> Ibid., III. 428.</p>
+
+<p class="ind"><small><a id="fn58"></a><a href="#had58">58</a></small> Ibid., III. 335.</p>
+</div>
+
+
+
+
+<div class="fnbox">
+<p><b>Footnotes Chapter II.</b></p>
+
+<p class="ind"><small><a id="fn59"></a><a href="#slaves59">59</a></small> Statutes at Large, I. 50.</p>
+
+<p class="ind"><small><a id="fn60"></a><a href="#required60">60</a></small> Appendix B, No. <a href="#urning">8.</a></p>
+
+<p class="ind"><small><a id="fn61"></a><a href="#request61">61</a></small> Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585; Annals of Cong., 2 Cong. 1 Sess.,
+H. of R., 147.</p>
+
+<p class="ind"><small><a id="fn62"></a><a href="#Pennsylvania62">62</a></small> State Papers, Miscellaneous, I. 39-43.</p>
+
+<p class="ind"><small><a id="fn63"></a><a href="#due63">63</a></small> House Journal, 2 Cong. 1 Sess., 444; Annals of Cong., 148.</p>
+
+<p class="ind"><small><a id="fn64"></a><a href="#November64">64</a></small> House Journal, 2 Cong. 1 Sess., 454; Annals of Cong., 179.</p>
+
+<p class="ind"><small><a id="fn65"></a><a href="#masters65">65</a></small> Senate Journal, 170; Annals, 115.</p>
+
+<p class="ind"><small><a id="fn66"></a><a href="#Read66">66</a></small> 2 Cong. 2 Sess., Senate Journal, 460; Annals of Cong., 616.</p>
+
+<p class="ind"><small><a id="fn67"></a><a href="#December67">67</a></small> Senate Journal, 16; Annals, 622.</p>
+
+<p class="ind"><small><a id="fn68"></a><a href="#amend68">68</a></small> Senate Journal, 25, 26; Annals, 623.</p>
+
+<p class="ind"><small><a id="fn69"></a><a href="#upon69">69</a></small> Senate Journal, 28; Annals, 625.</p>
+
+<p class="ind"><small><a id="fn70"></a><a href="#arrest70">70</a></small> Senate Journal, 35; Annals, 630.</p>
+
+<p class="ind"><small><a id="fn71"></a><a href="#January71">71</a></small> Senate Journal, 34, 35; Annals, 630.</p>
+
+<p class="ind"><small><a id="fn72"></a><a href="#to72">72</a></small> House Journal, 105; Annals, 861.</p>
+
+<p class="ind"><small><a id="fn73"></a><a href="#February73">73</a></small> Appendix B, No. <a href="#ave_Act">9.</a></p>
+
+<p class="ind"><small><a id="fn74"></a><a href="#Confederation74">74</a></small> <i>Ante</i>, §&nbsp;<a href="#al">8;</a> Appendix A, No. <a href="#Arti">8.</a></p>
+
+<p class="ind"><small><a id="fn75"></a><a href="#Constitution75">75</a></small> <i>Ante</i>,§&nbsp;<a href="#giti">15.</a></p>
+
+<p class="ind"><small><a id="fn76"></a><a href="#law76">76</a></small> For general discussions of the act,
+see Von Holst, Constitutional History, I. 309-315;
+Hildreth, History of the U. S., IV. 406-440; Lalor's Cyclopædia, II. 315-316;
+Stephens, War between the States, I. 629-636, 674; Bancroft's History of the U. S.
+(last revision), VI. 309, 310; Goodell, Slavery and Antislavery, 227; Curtis,
+ History of the Constitution, II. 450-467; Hurd, Law of Freedom and Bondage, II. 142; Story,
+Commentaries, III. 673-678; McMaster, History of the American People,
+ I. 508, II. 356, 357; Elliott's Debates, V. 357, 487; Schouler, History of the U. S., I. 219, 220;
+Tucker, History of the U. S., I. 500.</p>
+
+<p class="ind"><small><a id="fn77"></a><a href="#elsewhere77">77</a></small> Appendix B, No. <a href="#ave_Act">9.</a></p>
+
+<p class="ind"><small><a id="fn78"></a><a href="#magistrate78">78</a></small> <i>Post</i>, §&nbsp;<a href="#cti">27.</a></p>
+
+<p class="ind"><small><a id="fn79"></a><a href="#of79">79</a></small> <i>Post</i>, §§&nbsp;<a href="#irst">34,</a> <a href="#side">35.</a></p>
+
+<p class="ind"><small><a id="fn80"></a><a href="#petition80">80</a></small> Annals of Congress, 1796-97, p. 2015, and 1801-2, p. 343.</p>
+
+<p class="ind"><small><a id="fn81"></a><a href="#law81">81</a></small> House Journal, 4 Cong. 2 Sess., 65; Annals of Cong., 1741, 1767.</p>
+
+<p class="ind"><small><a id="fn82"></a><a href="#January82">82</a></small> Murray, Cooper, and Kiltera. Annals of Cong., 1767.</p>
+
+<p class="ind"><small><a id="fn83"></a><a href="#January83">83</a></small> Sedgwick, Reed, and Henry. Senate Journal, 4 Cong. 2 Sess., 39; Annals of
+Cong., 1528.</p>
+
+<p class="ind"><small><a id="fn84"></a><a href="#act84">84</a></small> Appendix B, No. <a href="#stract">10.</a></p>
+
+<p class="ind"><small><a id="fn85"></a><a href="#considered85">85</a></small> House Journal, 6 Cong. 2 Sess., 220; Annals of Cong., 1053.</p>
+
+<p class="ind"><small><a id="fn86"></a><a href="#December86">86</a></small> Nicholson, Goddard, Holland, J. Smith (Va.), Lowndes. House Journal, 7 Cong.
+1 Sess., 34; Annals of Cong., 317.</p>
+
+<p class="ind"><small><a id="fn87"></a><a href="#December87">87</a></small> House Journal, 7 Cong. 1 Sess., 45; Annals of Cong., 335.</p>
+
+<p class="ind"><small><a id="fn88"></a><a href="#reception88">88</a></small> Annals of Cong., 343.</p>
+
+<p class="ind"><small><a id="fn89"></a><a href="#law89">89</a></small> House Journal, 7 Cong. 1 Sess., 125; Annals of Cong., 422, 423; Appendix B, No. <a href="#stract">10.</a></p>
+
+<p class="ind"><small><a id="fn90"></a><a href="#aside90">90</a></small> House Journal, 7 Cong. 1 Sess., 125, 128; Annals of Cong., 423, 425.</p>
+
+<p class="ind"><small><a id="fn91"></a><a href="#fugitives91">91</a></small> <i>Post</i>, <a href="#atus">§ 22.</a></p>
+
+<p class="ind"><small><a id="fn92"></a><a href="#December92">92</a></small> House Journal, 15 Cong. 1 Sess., 50, 86, 182, 186, 189, 193, 198; Annals of Cong.,
+446, 447, 513, 819, 829, 831, 840, 1339, 1393.</p>
+
+<p class="ind"><small><a id="fn93"></a><a href="#grounds93">93</a></small> Appendix B, No. <a href="#oposed">13.</a></p>
+
+<p class="ind"><small><a id="fn94"></a><a href="#discussion94">94</a></small> Annals of Cong., 829.</p>
+
+<p class="ind"><small><a id="fn95"></a><a href="#Union95">95</a></small> Annals of Cong., 838.</p>
+
+<p class="ind"><small><a id="fn96"></a><a href="#bill96">96</a></small> Annals of Cong., 15 Cong. 1 Sess., 829, 830.</p>
+
+<p class="ind"><small><a id="fn97"></a><a href="#convicted97">97</a></small> Annals of Cong., 838.</p>
+
+<p class="ind"><small><a id="fn98"></a><a href="#improbable98">98</a></small> Annals of Cong., 838.</p>
+
+<p class="ind"><small><a id="fn99"></a><a href="#South99">99</a></small> Annals of Cong., 838.</p>
+
+<p class="ind"><small><a id="fn100"></a><a href="#majority100">100</a></small> Annals of Cong., 838.</p>
+
+<p class="ind"><small><a id="fn101"></a><a href="#Case101">101</a></small> Appendix B, No. <a href="#oposed">13.</a></p>
+
+<p class="ind"><small><a id="fn102"></a><a href="#it102">102</a></small> <i>Post</i>, §&nbsp;<a href="#app">25.</a></p>
+
+<p class="ind"><small><a id="fn103"></a><a href="#to103">103</a></small> House Journal, 15 Cong. 1 Sess., 198; Annals of Cong., 840.</p>
+
+<p class="ind"><small><a id="fn104"></a><a href="#adopted104">104</a></small> Appendix B, No. <a href="#for_del">14.</a></p>
+
+<p class="ind"><small><a id="fn105"></a><a href="#years105">105</a></small> Appendix B, No. <a href="#limita">15.</a></p>
+
+<p class="ind"><small><a id="fn106"></a><a href="#bill106">106</a></small> Senate Journal, 15 Cong. 1 Sess., 128, 135, 174, 202, 227, 228, 233; House Journal,
+328; Annals of Cong., 165, 210, 259, 262, 1339.</p>
+
+<p class="ind"><small><a id="fn107"></a><a href="#April107">107</a></small> Annals of Cong., 1716.</p>
+
+<p class="ind"><small><a id="fn108"></a><a href="#fugitives108">108</a></small> Cf. Appendix B, No. <a href="#Pennsy">17.</a></p>
+
+<p class="ind"><small><a id="fn109"></a><a href="#considered109">109</a></small> House Journal, 15 Cong. 1 Sess., 188, 191; Annals of Cong., 546, 551.</p>
+
+<p class="ind"><small><a id="fn110"></a><a href="#of110">110</a></small> Annals of Cong., 16 Cong. 1 Sess., 469, 1587.</p>
+
+<p class="ind"><small><a id="fn111"></a><a href="#aforesaid111">111</a></small> Appendix B, No. <a href="#ssouri">16.</a></p>
+
+<p class="ind"><small><a id="fn112"></a><a href="#court112">112</a></small> Liberator, Jan. 24, 1840 (N. Y. Evening Post).</p>
+
+<p class="ind"><small><a id="fn113"></a><a href="#appointed113">113</a></small> House Journal, 16 Cong. 1 Sess., 427; Annals of Cong., 1863.</p>
+
+<p class="ind"><small><a id="fn114"></a><a href="#of114">114</a></small> Appendix B, No. <a href="#Maryla">18.</a></p>
+
+<p class="ind"><small><a id="fn115"></a><a href="#down115">115</a></small> Senate Journal, 16 Cong. 1 Sess., 319, 326; Annals of Cong., p. 618.</p>
+
+<p class="ind"><small><a id="fn116"></a><a href="#Pennsylvania116">116</a></small> Appendix B, No. <a href="#Maryla">18.</a></p>
+
+<p class="ind"><small><a id="fn117"></a><a href="#January117">117</a></small> House Journal, 17 Cong. 1 Sess., 143; Annals of Cong., 553, 558, 710.</p>
+
+<p class="ind"><small><a id="fn118"></a><a href="#tabled118">118</a></small> Annals of Cong, 17 Cong. 1 Sess., 1379, 1415, 1444.</p>
+
+<p class="ind"><small><a id="fn119"></a><a href="#war119">119</a></small> Appendix B, No. <a href="#urning">8.</a></p>
+
+<p class="ind"><small><a id="fn120"></a><a href="#fugitives120">120</a></small> Appendix B, No. <a href="#on_of_sl">11.</a></p>
+
+<p class="ind"><small><a id="fn121"></a><a href="#Seminoles121">121</a></small> Appendix B, No. <a href="#Assump">19.</a></p>
+
+<p class="ind"><small><a id="fn122"></a><a href="#them122">122</a></small> <i>Ante</i>, §&nbsp;<a href="#atio">13;</a> Appendix B, No. <a href="#clause">2.</a></p>
+
+<p class="ind"><small><a id="fn123"></a><a href="#property123">123</a></small> Appendix B, No. <a href="#lause_i">12.</a></p>
+
+<p class="ind"><small><a id="fn124"></a><a href="#in124">124</a></small> Am. State Papers, Foreign, IV. 106-126, VI. 346-354.</p>
+
+<p class="ind"><small><a id="fn125"></a><a href="#subject125">125</a></small> Annals of Cong., 16 Cong. 2 Sess., 94.</p>
+
+<p class="ind"><small><a id="fn126"></a><a href="#success126">126</a></small> S. G. Howe, Refugees from Slavery in Canada, 12-14; Niles's Register, XXIII. 26, LV. 289.</p>
+
+<p class="ind"><small><a id="fn127"></a><a href="#States127">127</a></small> Appendix B, No. <a href="#odbrid">21;</a> cf. No. <a href="#scapin">24.</a></p>
+
+<p class="ind"><small><a id="fn128"></a><a href="#Louisiana128">128</a></small> Niles's Register, XXIII. 26.</p>
+
+<p class="ind"><small><a id="fn129"></a><a href="#Canada129">129</a></small> Liberator, Dec. 31, 1860.</p>
+
+<p class="ind"><small><a id="fn130"></a><a href="#writ130">130</a></small> Pamphlets on Anderson case, Boston Public Library; Appendix D, No. <a href="#rson_c">65.</a></p>
+
+<p class="ind"><small><a id="fn131"></a><a href="#States131">131</a></small> Life of Gerrit Smith, 115.</p>
+
+<p class="ind"><small><a id="fn132"></a><a href="#point132">132</a></small> Liberator, Jan. 22, 1861.</p>
+
+<p class="ind"><small><a id="fn133"></a><a href="#in133">133</a></small> Von Holst, II. 312; Calhoun, III. 9, 464, 486; Senate Docs., 25 Cong. 3 Sess.,
+No. 216.</p>
+
+<p class="ind"><small><a id="fn134"></a><a href="#in134">134</a></small> Wilson, Slave Power, I. 439-442; Congressional Globe, XIV. 50.</p>
+
+<p class="ind"><small><a id="fn135"></a><a href="#Bermudas135">135</a></small> Goodell, Slavery and Antislavery, 252, 253; Von Holst, Calhoun, 204-209.</p>
+
+<p class="ind"><small><a id="fn136"></a><a href="#colonies136">136</a></small> House Docs., 27 Cong. 2 Sess., V., No. 242; Congressional Globe, XIV. 50.</p>
+
+<p class="ind"><small><a id="fn137"></a><a href="#slavery137">137</a></small> Senate Docs., 26 Cong. 1 Sess., III., No. 11.</p>
+
+<p class="ind"><small><a id="fn138"></a><a href="#principle138">138</a></small> Congressional Globe, XIV. 80, 113-118; Calhoun, III. 462; Appendix B, No. <a href="#alhoun">20.</a></p>
+
+<p class="ind"><small><a id="fn139"></a><a href="#Nassau139">139</a></small> Senate Docs., 27 Cong. 1 Sess., II., No. 51.</p>
+
+<p class="ind"><small><a id="fn140"></a><a href="#murderers140">140</a></small> Cobbett's Case, 47; Dana's Wheaton, note 62; cf. Appendix B, No. <a href="#iddings">23.</a></p>
+
+<p class="ind"><small><a id="fn141"></a><a href="#government141">141</a></small> Lawrence's Wheaton, 207, n.</p>
+
+<p class="ind"><small><a id="fn142"></a><a href="#murder142">142</a></small> Von Holst, I. 321, 322; Opinions of the Attorney Generals, III. 484; 15 Peters, 518.</p>
+
+<p class="ind"><small><a id="fn143"></a><a href="#people143">143</a></small> R. Smedley, Underground Railroad, 26.</p>
+
+<p class="ind"><small><a id="fn144"></a><a href="#railroad144">144</a></small> See <i>post</i>, §§&nbsp;<a href="#ise">71</a>-<a href="#enera">76.</a></p>
+
+<p class="ind"><small><a id="fn145"></a><a href="#as145">145</a></small> See <i>post</i>, §&nbsp;<a href="#olomo">38.</a></p>
+
+<p class="ind"><small><a id="fn146"></a><a href="#action146">146</a></small> Appendix B, No. <a href="#ignifi">22;</a> 16 Peters, 957; Report of Case of
+Edward Prigg, Supreme Court of Pennsylvania, 202; Bledsoe, Liberty and
+Slavery, 355; J. F. Clarke, Antislavery Days, 69.</p>
+
+<p class="ind"><small><a id="fn147"></a><a href="#imprisonment147">147</a></small> <i>Post</i>, §§&nbsp;<a href="#pass">78,</a> <a href="#ssed">79.</a></p>
+
+<p class="ind"><small><a id="fn148"></a><a href="#rescues148">148</a></small> <i>Post</i>, §§&nbsp;<a href="#irst">34,</a> <a href="#erfer">41,</a> <a href="#ickas">42.</a></p>
+
+<p class="ind"><small><a id="fn149"></a><a href="#States149">149</a></small> Senate Journal, 30 Cong., 1 Sess., 59; Congressional Globe, 51.</p>
+
+<p class="ind"><small><a id="fn150"></a><a href="#Judiciary150">150</a></small> Senate Journal, 30 Cong., 1 Sess., 313; Congressional Globe, 722.</p>
+
+<p class="ind"><small><a id="fn151"></a><a href="#Constitution151">151</a></small> Senate Journal, 30 Cong., 1 Sess., 313; Congressional Globe, 722.</p>
+
+<p class="ind"><small><a id="fn152"></a><a href="#bill152">152</a></small> Appendix B, No. <a href="#more_eff">29.</a></p>
+
+<p class="ind"><small><a id="fn153"></a><a href="#Giddings153">153</a></small> Appendix B, Nos. <a href="#istric">25,</a> <a href="#inquir">27,</a> <a href="#the_jail">28.</a></p>
+
+<p class="ind"><small><a id="fn154"></a><a href="#slave154">154</a></small> Appendix B, No. <a href="#Columb">26.</a></p>
+
+<p class="ind"><small><a id="fn155"></a><a href="#severe155">155</a></small> Appendix B, No. <a href="#lative">30.</a> In this number of the Appendix is a summary of the legislative
+history of the measure, from the introduction of Mason's bill, Jan. 4, 1850, to the
+signature of the act by President Fillmore, Sept. 18, 1850, with references to the records
+of Congress.</p>
+
+<p class="ind"><small><a id="fn156"></a><a href="#marshal156">156</a></small> Congressional Globe, 31 Cong. 1 Sess., 236.</p>
+
+<p class="ind"><small><a id="fn157"></a><a href="#Mason157">157</a></small> Senate Journal, 31 Cong. 1 Sess., 118.</p>
+
+<p class="ind"><small><a id="fn158"></a><a href="#House158">158</a></small> Congressional Globe, 31 Cong. 1 Sess., 248; Appendix B, No. <a href="#lative">30.</a> The test vote
+in the House stood as follows:&mdash;</p>
+
+<div class="center">
+<table border="0" cellpadding="2" cellspacing="0" summary="test">
+<tr><td align="center"><b>States</b>.&nbsp;</td><td align="center"><b>For</b>.</td><td align="center"><b>Against</b>.</td><td align="center"><b><small>Not</small><br /> <small>voting</small></b>.</td><td align="center"><b>Total</b>.</td></tr>
+<tr><td align="left">New England<br /> States</td><td align="right">7&nbsp;&nbsp;</td><td align="right">15&nbsp;</td><td align="right">10&nbsp;&nbsp;&nbsp;</td><td align="right">32&nbsp;&nbsp;</td></tr>
+<tr><td align="left">Middle<br /> States</td><td align="right">9&nbsp;&nbsp;</td><td align="right">33&nbsp;</td><td align="right">21&nbsp;&nbsp;&nbsp;</td><td align="right">63&nbsp;&nbsp;</td></tr>
+<tr><td align="left">Interior and<br /> Pacific<br /> States</td><td align="right">16&nbsp;&nbsp;</td><td align="right">27&nbsp;</td><td align="right">8&nbsp;&nbsp;&nbsp;</td><td align="right">51&nbsp;&nbsp;</td></tr>
+<tr><td align="left"></td><td align="right">&mdash;&nbsp;&nbsp;</td><td align="right">&mdash;&nbsp;</td><td align="right">&mdash;&nbsp;&nbsp;&nbsp;</td><td align="right">&mdash;&nbsp;&nbsp;</td></tr>
+<tr><td align="left">Total,<br /> Free States</td><td align="right">32&nbsp;&nbsp;</td><td align="right">75&nbsp;</td><td align="right">39&nbsp;&nbsp;&nbsp;</td><td align="right">146&nbsp;&nbsp;</td></tr>
+<tr><td align="center">&nbsp;</td><td align="center">&nbsp;</td><td align="center">&nbsp;</td><td align="center">&nbsp;</td><td align="center">&nbsp;</td></tr>
+<tr><td align="left">Border<br /> Slave States</td><td align="right">32&nbsp;&nbsp;</td><td align="right">0&nbsp;</td><td align="right">6&nbsp;&nbsp;&nbsp;</td><td align="right">38&nbsp;&nbsp;</td></tr>
+<tr><td align="left">Planter<br /> States</td><td align="right">45&nbsp;&nbsp;</td><td align="right">0&nbsp;</td><td align="right">9&nbsp;&nbsp;&nbsp;</td><td align="right">54&nbsp;&nbsp;</td></tr>
+<tr><td align="left"></td><td align="right">&mdash;&nbsp;&nbsp;</td><td align="right">&mdash;&nbsp;</td><td align="right">&mdash;&nbsp;&nbsp;&nbsp;</td><td align="right">&mdash;&nbsp;&nbsp;</td></tr>
+<tr><td align="left">Total,<br /> Slave States</td><td align="right">77&nbsp;&nbsp;</td><td align="right">0&nbsp;</td><td align="right">15&nbsp;&nbsp;&nbsp;</td><td align="right">92&nbsp;&nbsp;</td></tr>
+<tr><td align="left"></td><td align="right">&mdash;&nbsp;&nbsp;</td><td align="right">&mdash;&nbsp;</td><td align="right">&mdash;&nbsp;&nbsp;&nbsp;</td><td align="right">&mdash;&nbsp;&nbsp;</td></tr>
+<tr><td align="left">Total</td><td align="right">109&nbsp;&nbsp;</td><td align="right">75&nbsp;</td><td align="right">54&nbsp;&nbsp;&nbsp;</td><td align="right">238&nbsp;&nbsp;</td></tr>
+</table></div>
+
+<p class="ind"><small><a id="fn159"></a><a href="#September159">159</a></small> Appendix B, No. <a href="#lative">30.</a> For
+ general discussions of the act, see
+ Von Holst, III. 548-557, IV. 9-12, 20-29; Wilson, Slave Power, II. 302-329;
+ Greeley, American Conflict, I. 210-221; Cooley's Story, §&nbsp;1921; Lalor's
+Cyclopædia, II. 315-317; Bryant and Gay, U. S., IV. 397-401.</p>
+
+<p class="ind"><small><a id="fn160"></a><a href="#added160">160</a></small> For the text of the act, see Appendix B, No. <a href="#Second">31.</a></p>
+
+<p class="ind"><small><a id="fn161"></a><a href="#valueless161">161</a></small> Congressional Globe, 31 Cong. 1 Sess., Appendix, 1610.</p>
+
+<p class="ind"><small><a id="fn162"></a><a href="#things162">162</a></small> Congressional Globe, 31 Cong. 1 Sess., 1583.</p>
+
+<p class="ind"><small><a id="fn163"></a><a href="#slaveholder163">163</a></small> Congressional Globe, 31 Cong. 2 Sess., Appendix, 1051.</p>
+
+<p class="ind"><small><a id="fn164"></a><a href="#slaves164">164</a></small> Congressional Globe, 31 Cong. 2 Sess., Appendix, 1622.</p>
+
+<p class="ind"><small><a id="fn165"></a><a href="#all165">165</a></small> Congressional Globe, 31 Cong. 1 Sess., 79.</p>
+
+<p class="ind"><small><a id="fn166"></a><a href="#sections166">166</a></small> Congressional Globe, 31 Cong. 1 Sess., 78.</p>
+
+<p class="ind"><small><a id="fn167"></a><a href="#preserved167">167</a></small> Von Holst, III. 493.</p>
+
+<p class="ind"><small><a id="fn168"></a><a href="#loss168">168</a></small> Congressional Globe, 31 Cong. 1 Sess., Appendix, 1597.</p>
+</div>
+
+
+
+<div class="fnbox">
+<p><b>Footnotes Chapter III.</b></p>
+
+<p class="ind"><small><a id="fn169"></a><a href="#Massachusetts169">169</a></small> Mr. Quincy also states, that "about a fortnight elapsed, when I was called upon by
+Rufus Green Amory, a lawyer of eminence at the Boston bar in that day, who showed
+me a letter from a Southern slaveholder, directing him to prosecute Josiah Quincy for
+the penalty under the law of 1793, for obstructing the agent of the claimant in obtaining
+his slave under the process established by that law. Mr. Amory felt, no less than
+myself, the folly of such a pretence; and I never heard from him, or from any one,
+anything more upon the subject of prosecution. This fact, and the universal gratification
+which the fact appeared to give to the public, satisfied my mind, that, unless by
+accident, or stealth, or in some very thin settled part of the country, the law of 1793
+would be forever inoperative, as the event has proved in Massachusetts."&mdash;Meeting
+at Faneuil Hall to protest against the Fugitive Slave Law, letter read from Josiah
+Quincy, Boston Atlas, Oct. 15, 1850; Goodell, Slavery and Antislavery, 232; Appendix
+D, No. <a href="#s_ca">12.</a></p>
+
+<p class="ind"><small><a id="fn170"></a><a href="#favor170">170</a></small> Appendix D, No. <a href="#s_sl">13.</a></p>
+
+<p class="ind"><small><a id="fn171"></a><a href="#witness171">171</a></small> Appendix D, No. <a href="#of_Jo">19.</a></p>
+
+<p class="ind"><small><a id="fn172"></a><a href="#out172">172</a></small> Appendix D, No. <a href="#on_No">16.</a></p>
+
+<p class="ind"><small><a id="fn173"></a><a href="#bondage173">173</a></small> Appendix D, No. <a href="#ton_ca">42.</a></p>
+
+<p class="ind"><small><a id="fn174"></a><a href="#trial174">174</a></small> Appendix D, No. <a href="#lin_ca">26.</a></p>
+
+<p class="ind"><small><a id="fn175"></a><a href="#safety175">175</a></small> Appendix D, No. <a href="#aw_re">20.</a></p>
+
+<p class="ind"><small><a id="fn176"></a><a href="#blacks176">176</a></small> Appendix D, No. <a href="#lphi">22.</a></p>
+
+<p class="ind"><small><a id="fn177"></a><a href="#it177">177</a></small> Appendix D, No. <a href="#dy_ca">35.</a></p>
+
+<p class="ind"><small><a id="fn178"></a><a href="#jury178">178</a></small> See post, §&nbsp;<a href="#assach">81.</a></p>
+
+<p class="ind"><small><a id="fn179"></a><a href="#illegal179">179</a></small> <i>Ante</i>, §&nbsp;<a href="#app">25.</a></p>
+
+<p class="ind"><small><a id="fn180"></a><a href="#printed180">180</a></small> Appendix D, No. <a href="#mer_ca">28;</a> see <i>post</i>, §&nbsp;<a href="#assach">81.</a></p>
+
+<p class="ind"><small><a id="fn181"></a><a href="#outrages181">181</a></small> Appendix D, No. <a href="#ig_Ot">34.</a></p>
+
+<p class="ind"><small><a id="fn182"></a><a href="#case182">182</a></small> <i>Ante</i>, §&nbsp;<a href="#app">25.</a></p>
+
+<p class="ind"><small><a id="fn183"></a><a href="#taken183">183</a></small> Appendix D, No. <a href="#er_Bo">21.</a></p>
+
+<p class="ind"><small><a id="fn184"></a><a href="#legislation184">184</a></small> Appendix D, No. <a href="#anse">24.</a></p>
+
+<p class="ind"><small><a id="fn185"></a><a href="#man185">185</a></small> Appendix D, No. <a href="#ky_co">37.</a></p>
+
+<p class="ind"><small><a id="fn186"></a><a href="#property186">186</a></small> Appendix D, No. <a href="#andt">25.</a></p>
+
+<p class="ind"><small><a id="fn187"></a><a href="#Sumner187">187</a></small> Appendix D, No. <a href="#d_Say">40.</a></p>
+
+<p class="ind"><small><a id="fn188"></a><a href="#stealer188">188</a></small> Appendix D, No. <a href="#ker_ca">31.</a></p>
+
+<p class="ind"><small><a id="fn189"></a><a href="#steel189">189</a></small> Liberator, Aug. 15, 1845, "The Branded Hand."</p>
+
+<p class="ind"><small><a id="fn190"></a><a href="#provisions190">190</a></small> Von Holst, IV. 10, 11.</p>
+
+<p class="ind"><small><a id="fn191"></a><a href="#freedom191">191</a></small> J. F. Clarke, Antislavery Days, 92.</p>
+
+<p class="ind"><small><a id="fn192"></a><a href="#slavery192">192</a></small> Appendix D, No. <a href="#let_ca">43.</a></p>
+
+<p class="ind"><small><a id="fn193"></a><a href="#Curtis193">193</a></small> Appendix D, No. <a href="#ach_ca">48.</a></p>
+
+<p class="ind"><small><a id="fn194"></a><a href="#hopeless194">194</a></small> Liberator, April 17, 1851.</p>
+
+<p class="ind"><small><a id="fn195"></a><a href="#South195">195</a></small> Daily Morning Chronicle, April 26, 1851.</p>
+
+<p class="ind"><small><a id="fn196"></a><a href="#Wharf196">196</a></small> Liberator, April 17, 1851.</p>
+
+<p class="ind"><small><a id="fn197"></a><a href="#discovered197">197</a></small> Appendix D, No. <a href="#rns_ca">57.</a></p>
+
+<p class="ind"><small><a id="fn198"></a><a href="#about198">198</a></small> Boston Journal, May 29, 1854.</p>
+
+<p class="ind"><small><a id="fn199"></a><a href="#done199">199</a></small> Personal statement of Mr. Elbridge Sprague, made to the writer. Col. T. W.
+Higginson suggests a few minor corrections in Mr. Sprague's narrative. The first
+person to step in was an unknown negro: the beam used was found in Court Square;
+none were prepared beforehand; there was but one box of axes.</p>
+
+<p class="ind"><small><a id="fn200"></a><a href="#given200">200</a></small> Boston Daily Advertiser, 1854, Worcester Spy, May 31, 1854, Argument of Mr.
+R. H. Dana.</p>
+
+<p class="ind"><small><a id="fn201"></a><a href="#back201">201</a></small> Liberator, Aug. 22, 1854.</p>
+
+<p class="ind"><small><a id="fn202"></a><a href="#master202">202</a></small> Von Holst, V. 64.</p>
+
+<p class="ind"><small><a id="fn203"></a><a href="#it203">203</a></small> Appendix D, No. <a href="#rns_ca">57.</a></p>
+
+<p class="ind"><small><a id="fn204"></a><a href="#discharged204">204</a></small> Commonwealth, June 26, 1854.</p>
+
+<p class="ind"><small><a id="fn205"></a><a href="#south205">205</a></small> Appendix D, No. <a href="#rner">58.</a></p>
+
+<p class="ind"><small><a id="fn206"></a><a href="#of206">206</a></small> See <i>post</i>, §&nbsp;<a href="#assach">81.</a></p>
+
+<p class="ind"><small><a id="fn207"></a><a href="#law207">207</a></small> Appendix D, No. <a href="#ims_ca">47.</a></p>
+
+<p class="ind"><small><a id="fn208"></a><a href="#case208">208</a></small> 31 Cong. 2 Sess., Senate Journal, 187; Congressional Globe, 580.</p>
+
+<p class="ind"><small><a id="fn209"></a><a href="#Shadrach209">209</a></small> Von Holst, III. 25.</p>
+
+<p class="ind"><small><a id="fn210"></a><a href="#rendered210">210</a></small> Appendix D, No. <a href="#rry_ca">51.</a></p>
+
+<p class="ind"><small><a id="fn211"></a><a href="#imposed211">211</a></small> Appendix D, No. <a href="#ngton_c">62.</a></p>
+
+<p class="ind"><small><a id="fn212"></a><a href="#safety212">212</a></small> Appendix D, No. <a href="#ana_ca">49.</a></p>
+
+<p class="ind"><small><a id="fn213"></a><a href="#riot213">213</a></small> Appendix D, No. <a href="#iller">50.</a></p>
+
+<p class="ind"><small><a id="fn214"></a><a href="#Railroad214">214</a></small> Sanborn, Life and Letters of John Brown, 420; Douglass, Life and Times of John
+Brown, 279, 282.</p>
+
+<p class="ind"><small><a id="fn215"></a><a href="#Ohio215">215</a></small> Von Holst, John Brown, 104.</p>
+</div>
+
+
+
+<div class="fnbox">
+<p><b>Footnotes Chapter IV.</b></p>
+
+<p class="ind"><small><a id="fn216"></a><a href="#freedom216">216</a></small> Still, Underground Railroad, 410.</p>
+
+<p class="ind"><small><a id="fn217"></a><a href="#liberty217">217</a></small> Ibid., 444.</p>
+
+<p class="ind"><small><a id="fn218"></a><a href="#angry218">218</a></small> F. L. Olmsted, Journey in the Back Country, 49.</p>
+
+<p class="ind"><small><a id="fn219"></a><a href="#feelings219">219</a></small></p>
+
+<div class="poem">
+<div class="stanza">
+<span class="i0"> "Gone, gone,&mdash;sold and gone</span><br />
+<span class="i0"> To the rice swamp dank and lone,&mdash;</span><br />
+<span class="i0"> Where the slave-whip ceaseless swings,</span><br />
+<span class="i0"> Where the noisome insect stings,</span><br />
+<span class="i0"> Where the fever demon strews</span><br />
+<span class="i0"> Poison with the falling dews,</span><br />
+<span class="i0"> Where the sickly sunbeams glare</span><br />
+<span class="i0"> Through the hot and misty air,&mdash;</span><br />
+<span class="i2"> Gone, gone,&mdash;sold and gone</span><br />
+<span class="i2"> To the rice swamp dank and lone</span><br />
+<span class="i2"> From Virginia's hills and waters,&mdash;</span><br />
+<span class="i2"> Woe is me, my stolen daughters!</span>
+</div>
+
+<div class="stanza">
+<span class="i0">"There no mother's eye is near them,</span><br />
+<span class="i0">There no mother's ear can hear them;</span><br />
+<span class="i0">Never, when the torturing lash</span><br />
+<span class="i0">Seams their back with many a gash,</span><br />
+<span class="i0">Shall a mother's kindness bless them,</span><br />
+<span class="i0">Or a mother's arms caress them....</span>
+</div>
+
+<div class="stanza">
+<span class="i0">"Oh, when weary, sad, and slow</span><br />
+<span class="i0">From the fields at night they go,</span><br />
+<span class="i0">Faint with toil, and racked with pain,</span><br />
+<span class="i0">To their cheerless homes again,&mdash;</span><br />
+<span class="i0">There no brother's voice shall greet them</span><br />
+<span class="i0">There no father's welcome meet them."</span>
+</div></div>
+
+<p class="ind"><small><a id="fn220"></a><a href="#haven220">220</a></small> Still, Underground Railroad, 443.</p>
+
+<p class="ind"><small><a id="fn221"></a><a href="#back221">221</a></small> Ibid., 448.</p>
+
+<p class="ind"><small><a id="fn222"></a><a href="#master222">222</a></small> Williams, History of the Negro Race in America, 293.</p>
+
+<p class="ind"><small><a id="fn223"></a><a href="#jail223">223</a></small> Still, Underground Railroad, 27.</p>
+
+<p class="ind"><small><a id="fn224"></a><a href="#June224">224</a></small> F. L. Olmsted, The Cotton Kingdom, 157.</p>
+
+<p class="ind"><small><a id="fn225"></a><a href="#blacks225">225</a></small> F. L. Olmsted, Journey in the Back Country, 444.</p>
+
+<p class="ind"><small><a id="fn226"></a><a href="#year226">226</a></small> W. I. Bowditch, Slavery and the Constitution; Macon (Ga.) Telegram, Nov. 27,
+1838.</p>
+
+<p class="ind"><small><a id="fn227"></a><a href="#accord227">227</a></small> Ball, Mammoth Pictorial Tour of United States, 54; F. L. Olmsted, Journey
+in the Back Country, 155.</p>
+
+<p class="ind"><small><a id="fn228"></a><a href="#runaway228">228</a></small> W. I. Bowditch, Slavery and the Constitution; Macon (Ga.) Telegram, Nov. 27,
+1838.</p>
+
+<p class="ind"><small><a id="fn229"></a><a href="#years229">229</a></small> Liberator, April 12, 1839.</p>
+
+<p class="ind"><small><a id="fn230"></a><a href="#follow230">230</a></small> Wm. Parker, Freedman's Story, in Atlantic Monthly, February and March,
+1866; Letter from Gerrit Smith, in Liberator, Dec. 28, 1838.</p>
+
+<p class="ind"><small><a id="fn231"></a><a href="#pig231">231</a></small> J. F. Clarke, Antislavery Days, 93.</p>
+
+<p class="ind"><small><a id="fn232"></a><a href="#returned232">232</a></small> Life and Times of Frederick Douglass, 196.</p>
+
+<p class="ind"><small><a id="fn233"></a><a href="#Canada233">233</a></small> Appendix D, No. <a href="#afts">41;</a> Antislavery Almanac, 74.</p>
+
+<p class="ind"><small><a id="fn234"></a><a href="#escape234">234</a></small> J. F. Clarke, Antislavery Days, 83.</p>
+
+<p class="ind"><small><a id="fn235"></a><a href="#peace235">235</a></small> Appendix D, No. <a href="#afts">41.</a></p>
+
+<p class="ind"><small><a id="fn236"></a><a href="#negroes236">236</a></small> Smedley, The Underground Railroad, 26.</p>
+
+<p class="ind"><small><a id="fn237"></a><a href="#apart237">237</a></small> Lalor's Cyclopædia, I. 5; Williams, History of the Negro Race in America,
+II. 58, 59.</p>
+
+<p class="ind"><small><a id="fn238"></a><a href="#Canada238">238</a></small> Clarke, Antislavery Days, 81.</p>
+
+<p class="ind"><small><a id="fn239"></a><a href="#known239">239</a></small> Smedley, The Underground Railroad, 35.</p>
+
+<p class="ind"><small><a id="fn240"></a><a href="#purpose240">240</a></small> Ibid., 64, 138.</p>
+
+<p class="ind"><small><a id="fn241"></a><a href="#concealment241">241</a></small> Ibid., 568-570.</p>
+
+<p class="ind"><small><a id="fn242"></a><a href="#journey242">242</a></small> Ibid., 172.</p>
+
+<p class="ind"><small><a id="fn243"></a><a href="#coolness243">243</a></small> Ibid., 34.</p>
+
+<p class="ind"><small><a id="fn244"></a><a href="#Quakers244">244</a></small> Ibid., 146.</p>
+
+<p class="ind"><small><a id="fn245"></a><a href="#house245">245</a></small> Smedley, Underground Railroad, 58.</p>
+
+<p class="ind"><small><a id="fn246"></a><a href="#Tubman246">246</a></small> Harriet, the Moses of her People.</p>
+
+<p class="ind"><small><a id="fn247"></a><a href="#up247">247</a></small> Clarke, Antislavery Days, 81.</p>
+
+<p class="ind"><small><a id="fn248"></a><a href="#runaways248">248</a></small> Liberator, March 2, 1860.</p>
+
+<p class="ind"><small><a id="fn249"></a><a href="#me249">249</a></small> Pamphlet proposing a Defensive League of Freedom, 6.</p>
+
+<p class="ind"><small><a id="fn250"></a><a href="#them250">250</a></small> Smedley, Underground Railroad, 241.</p>
+
+<p class="ind"><small><a id="fn251"></a><a href="#again251">251</a></small> Ibid., 355.</p>
+
+<p class="ind"><small><a id="fn252"></a><a href="#escape252">252</a></small> Douglass, My Bondage and Freedom, 323.</p>
+
+<p class="ind"><small><a id="fn253"></a><a href="#man253">253</a></small> J. F. Clarke, Antislavery Days, 83.</p>
+
+<p class="ind"><small><a id="fn254"></a><a href="#North254">254</a></small> Lalor's Cyclopædia, I. 5; Congressional Globe, 36 Cong. 1 Sess., Appendix, 250.</p>
+
+<p class="ind"><small><a id="fn255"></a><a href="#Domingo255">255</a></small> Williams, History of the Negro Race in America, II. 58, 59.</p>
+</div>
+
+
+
+<div class="fnbox">
+<p><b>Footnotes Chapter V.</b></p>
+
+<p class="ind"><small><a id="fn256"></a><a href="#Indiana256">256</a></small> Revised Laws of Indiana, 1824, p. 221.</p>
+
+<p class="ind"><small><a id="fn257"></a><a href="#Connecticut257">257</a></small> Laws of Connecticut, 1838, p. 32.</p>
+
+<p class="ind"><small><a id="fn258"></a><a href="#Vermont258">258</a></small> Acts and Resolves of Vermont, 1840, p. 13.</p>
+
+<p class="ind"><small><a id="fn259"></a><a href="#York259">259</a></small> Laws of New York, 1840, p. 174.</p>
+
+<p class="ind"><small><a id="fn260"></a><a href="#action260">260</a></small> See <i>ante</i>, §&nbsp;<a href="#cti">27.</a></p>
+
+<p class="ind"><small><a id="fn261"></a><a href="#Massachusetts261">261</a></small> Laws of Massachusetts, 1843, p. 33.</p>
+
+<p class="ind"><small><a id="fn262"></a><a href="#Vermont262">262</a></small> Acts and Resolves of Vermont, 1843, p. 11.</p>
+
+<p class="ind"><small><a id="fn263"></a><a href="#Pennsylvania263">263</a></small> Laws of Pennsylvania, 1847, p. 206.</p>
+
+<p class="ind"><small><a id="fn264"></a><a href="#Island264">264</a></small> Acts and Resolves of Rhode Island, 1848, p. 12.</p>
+
+<p class="ind"><small><a id="fn265"></a><a href="#Vermont265">265</a></small> Laws of Vermont, 1850, p. 9.</p>
+
+<p class="ind"><small><a id="fn266"></a><a href="#Connecticut266">266</a></small> Public Acts of Connecticut, 1854, p. 80.</p>
+
+<p class="ind"><small><a id="fn267"></a><a href="#Island267">267</a></small> Laws of Rhode Island, 1854, p. 22.</p>
+
+<p class="ind"><small><a id="fn268"></a><a href="#Massachusetts268">268</a></small> Laws of Massachusetts, 1855, p. 924; 1858, p. 151.</p>
+
+<p class="ind"><small><a id="fn269"></a><a href="#Michigan269">269</a></small> Laws of Michigan, 1855, p. 415.</p>
+
+<p class="ind"><small><a id="fn270"></a><a href="#Maine270">270</a></small> Laws of Maine, 1857, p. 38.</p>
+
+<p class="ind"><small><a id="fn271"></a><a href="#Wisconsin271">271</a></small> Lalor, III. 162.</p>
+
+<p class="ind"><small><a id="fn272"></a><a href="#Kansas272">272</a></small> Lalor, III. 162.</p>
+
+<p class="ind"><small><a id="fn273"></a><a href="#Ohio273">273</a></small> Laws of Ohio, 1857, p. 170; 1857, p. 10.</p>
+
+<p class="ind"><small><a id="fn274"></a><a href="#Pennsylvania274">274</a></small> Lalor, III. 162.</p>
+
+
+<p class="ind"><small><a id="fn275"></a><a href="#passed275">275</a></small> The following tabulation shows the provisions of the personal liberty laws as
+distributed among the States:&mdash;<br />
+<br />
+<i>Judges and justices forbidden to take cognizance.</i> <br />
+Massachusetts, 1843; Vermont, 1843; Connecticut, 1838; Rhode Island, 1854; Maine, 1855; Pennsylvania, 1847.<br />
+<br />
+<i>Writ of habeas corpus.</i><br />
+ Massachusetts, 1855; Michigan, 1855; Maine, 1857; Connecticut, 1838 and 1844.<br />
+<br />
+<i>Jury trial.</i> <br />
+Indiana, 1824; New York, 1840; Vermont, 1840, 1850, and 1858; Connecticut, 1838; Michigan, 1855; Massachusetts, 1855.<br />
+<br />
+<i>Use of jails forbidden.</i> <br /> Massachusetts, 1843 and 1855; Vermont, 1843 and 1858; Pennsylvania, 1847;
+Rhode Island, 1848; Maine, 1855; Michigan, 1855; Ohio, 1857.<br />
+<br />
+<i>Attorneys employed to defend fugitives.</i> <br />
+New York, 1840; Vermont, 1840; Massachusetts, 1855; Maine, 1857.<br />
+<br />
+<i>False testimony punished.</i> <br />
+Connecticut, 1838 and 1844; Michigan, 1855.<br />
+<br />
+<i>Admission of national officers.</i> <br />
+Connecticut, 1838 and 1844; Vermont, 1844; Maine, 1855; New Hampshire, 1857.</p>
+
+
+<p class="ind"><small><a id="fn276"></a><a href="#case276">276</a></small> See <i>ante</i>, §&nbsp;<a href="#atim">44.</a></p>
+
+<p class="ind"><small><a id="fn277"></a><a href="#fugitives277">277</a></small> Laws of Massachusetts, 1843, p. 33.</p>
+
+<p class="ind"><small><a id="fn278"></a><a href="#case278">278</a></small> See <i>ante</i>, §&nbsp;<a href="#adrac">57.</a></p>
+
+<p class="ind"><small><a id="fn279"></a><a href="#until279">279</a></small> Parker, Personal Liberty Laws, 27.</p>
+
+<p class="ind"><small><a id="fn280"></a><a href="#Sims280">280</a></small> See <i>ante</i>, §&nbsp;<a href="#ims">54.</a></p>
+
+<p class="ind"><small><a id="fn281"></a><a href="#Burns281">281</a></small> See <i>ante</i>, §&nbsp;<a href="#urns">55.</a></p>
+
+<p class="ind"><small><a id="fn282"></a><a href="#vote282">282</a></small> Parker, Personal Liberty Laws, 27; Laws of Massachusetts, 1855, p. 924; Appendix&nbsp;D, No. <a href="#hnson_c">60</a>, case of William Johnson.</p>
+
+<p class="ind"><small><a id="fn283"></a><a href="#in283">283</a></small> Laws of Massachusetts, 1858, p. 151.</p>
+
+<p class="ind"><small><a id="fn284"></a><a href="#until284">284</a></small> Acts and Resolves of Maine, 1855, p. 207.</p>
+
+<p class="ind"><small><a id="fn285"></a><a href="#in285">285</a></small> Ibid., 1857, p. 38.</p>
+
+<p class="ind"><small><a id="fn286"></a><a href="#of286">286</a></small> Acts and Resolves of New Hampshire, 1857, p. 1876.</p>
+
+<p class="ind"><small><a id="fn287"></a><a href="#in287">287</a></small> Acts and Resolves of Vermont, 1840, p. 13.</p>
+
+<p class="ind"><small><a id="fn288"></a><a href="#repealed288">288</a></small> Laws of Vermont, 1843, p. 11.</p>
+
+<p class="ind"><small><a id="fn289"></a><a href="#in289">289</a></small> Ibid., 1850, p. 9.</p>
+
+<p class="ind"><small><a id="fn290"></a><a href="#in290">290</a></small> Acts and Resolves of Rhode Island, 1848, p. 12.</p>
+
+<p class="ind"><small><a id="fn291"></a><a href="#in291">291</a></small> Laws of Rhode Island, 1854, p. 22.</p>
+
+<p class="ind"><small><a id="fn292"></a><a href="#York292">292</a></small> Laws of New York, 1840, p. 174.</p>
+
+<p class="ind"><small><a id="fn293"></a><a href="#cases293">293</a></small> Laws of Pennsylvania, 1847, p. 206.</p>
+
+<p class="ind"><small><a id="fn294"></a><a href="#in294">294</a></small> Laws of Ohio, 1857, p. 170.</p>
+
+<p class="ind"><small><a id="fn295"></a><a href="#repealed295">295</a></small> Laws of Ohio, 1858, p. 10.</p>
+
+<p class="ind"><small><a id="fn296"></a><a href="#in296">296</a></small> Laws of Michigan, 1855, p. 415.</p>
+
+<p class="ind"><small><a id="fn297"></a><a href="#acts297">297</a></small> Lalor, III. 162.</p>
+
+<p class="ind"><small><a id="fn298"></a><a href="#founded298">298</a></small> Hurd, Law of Freedom and Bondage, II. 763; Von Holst, IV. 551; Parker,
+Personal Liberty Laws.</p>
+
+<p class="ind"><small><a id="fn299"></a><a href="#executed299">299</a></small> Phillips, No Slave Hunting in the Old Bay State; Phillips, Argument against
+repeal of Personal Liberty Law; Pierce, Personal Liberty Law, 4; Johnson, Speech
+on Personal Liberty Law, New York, 1861.</p>
+
+<p class="ind"><small><a id="fn300"></a><a href="#of300">300</a></small> 36 Cong. 2 Sess., Congressional Globe, Appendix, 2.</p>
+
+<p class="ind"><small><a id="fn301"></a><a href="#legislation301">301</a></small> Lalor, III. 162.</p>
+</div>
+
+
+<div class="fnbox">
+<p><b>Footnotes Chapter VI.</b></p>
+
+<p class="ind"><small><a id="fn302"></a><a href="#unconstitutional302">302</a></small> Ableman v. Booth, 3 Wis., 1.</p>
+
+<p class="ind"><small><a id="fn303"></a><a href="#executed303">303</a></small> Globe, 1860-61, p. 356, App. 197.</p>
+
+<p class="ind"><small><a id="fn304"></a><a href="#repealed304">304</a></small> Globe, 1860-61, (Baker) 228, (Burnham) 970.</p>
+
+<p class="ind"><small><a id="fn305"></a><a href="#void305">305</a></small> Senate Journal, 36 Cong. 2 Sess., p. 18.
+Appendix C, No. <a href="#chanan">1.</a></p>
+
+<p class="ind"><small><a id="fn306"></a><a href="#House306">306</a></small> House Journal, 36 Cong. 2 Sess., p. 60; Congr. Globe, 36 Cong. 2 Sess., 77. Appendix&nbsp;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.</p>
+
+<p class="ind"><small><a id="fn307"></a><a href="#him307">307</a></small> Cong. Globe, 3 Cong. 2 Sess., 114. Appendix&nbsp;C, Nos. <a href="#Cochra">2</a>-<a href="#ohnson">12.</a></p>
+
+<p class="ind"><small><a id="fn308"></a><a href="#fugitives308">308</a></small> House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 36 Cong. 2 Sess., 79. Appendix&nbsp;C, No. 10.</p>
+
+<p class="ind"><small><a id="fn309"></a><a href="#runaway309">309</a></small> House Journal, 36 Cong. 2 Sess., 67; Cong. Globe, 36 Cong. 2 Sess., 77. Appendix&nbsp;C, No. 3.</p>
+
+<p class="ind"><small><a id="fn310"></a><a href="#returned310">310</a></small> House Journal, 36 Cong. 2 Sess., 70; Cong. Globe, 36 Cong. 2 Sess., 78. Appendix&nbsp;C, No. 11.</p>
+
+<p class="ind"><small><a id="fn311"></a><a href="#reported311">311</a></small> Cong. Globe, 36 Cong. 2 Sess., 1328.</p>
+
+<p class="ind"><small><a id="fn312"></a><a href="#reading312">312</a></small> Appendix C, No. <a href="#ompromis">25.</a></p>
+
+<p class="ind"><small><a id="fn313"></a><a href="#known313">313</a></small> Liberator, Nov. 1, 1861; Edw. L. Pierce, in Atlantic Monthly, November, 1861.</p>
+
+<p class="ind"><small><a id="fn314"></a><a href="#property314">314</a></small> Cong. Globe, 36 Cong. 2 Sess., 1076.</p>
+
+<p class="ind"><small><a id="fn315"></a><a href="#government315">315</a></small> Cong. Globe, 36 Cong. 2 Sess., 1077.</p>
+
+<p class="ind"><small><a id="fn316"></a><a href="#notwithstanding316">316</a></small> Cong. Globe, 37 Cong. 1 Sess., 218.
+Appendix C, Nos. <a href="#cation_B">30,</a> <a href="#Chan">31.</a></p>
+
+<p class="ind"><small><a id="fn317"></a><a href="#irritation317">317</a></small> Cong. Globe, 37 Cong. 1 Sess., 219.</p>
+
+<p class="ind"><small><a id="fn318"></a><a href="#liberality318">318</a></small> Cong. Globe, 37 Cong. 1 Sess., 412.</p>
+
+<p class="ind"><small><a id="fn319"></a><a href="#service319">319</a></small> House Journal, 37 Cong. 1 Sess., 197; Cong. Globe, 409, 410. Appendix C, No. <a href="#Chan">31.</a></p>
+
+<p class="ind"><small><a id="fn320"></a><a href="#amendment320">320</a></small> Senate Journal, 37 Cong. 1 Sess., 178; Cong. Globe, 434. Appendix C, No. <a href="#Chan">31.</a></p>
+
+<p class="ind"><small><a id="fn321"></a><a href="#August321">321</a></small> Cong. Globe, 37 Cong. 1 Sess., 454. Appendix C, No. <a href="#Chan">31.</a></p>
+
+<p class="ind"><small><a id="fn322"></a><a href="#of322">322</a></small> Appendix C, Nos. <a href="#onfisc">37,</a> <a href="#orril">40,</a> <a href="#Love">44.</a></p>
+
+<p class="ind"><small><a id="fn323"></a><a href="#others323">323</a></small> Appendix C, No. <a href="#umbu">52.</a></p>
+
+<p class="ind"><small><a id="fn324"></a><a href="#purposes324">324</a></small> Appendix C, No. <a href="#Harri">59.</a> Referred to the
+ Committee on the Judiciary, and reported by them,
+ April 16, 1862. Appendix C, No. <a href="#cat">67.</a></p>
+
+<p class="ind"><small><a id="fn325"></a><a href="#of325">325</a></small> Cong. Globe, 37 Cong. 2 Sess., 944.</p>
+
+<p class="ind"><small><a id="fn326"></a><a href="#avoided326">326</a></small> Cong. Globe, 37 Cong. 2 Sess., 946.</p>
+
+<p class="ind"><small><a id="fn327"></a><a href="#May327">327</a></small> Appendix C, No. <a href="#arri">71.</a></p>
+
+<p class="ind"><small><a id="fn328"></a><a href="#offered328">328</a></small> Appendix C, No. <a href="#Clark">72.</a></p>
+
+<p class="ind"><small><a id="fn329"></a><a href="#May329">329</a></small> Appendix C, No. <a href="#fisca">73.</a> Previous bills introduced
+ by Mr. Eliot had been unfavorably reported on by the Judiciary Committee. Appendix C, No. <a href="#lio">69.</a></p>
+
+<p class="ind"><small><a id="fn330"></a><a href="#recommitments330">330</a></small> Appendix C, No. <a href="#cipa">75.</a></p>
+
+<p class="ind"><small><a id="fn331"></a><a href="#government331">331</a></small> Appendix C, No. <a href="#disloyal">78.</a></p>
+
+<p class="ind"><small><a id="fn332"></a><a href="#to332">332</a></small> Appendix C, No. <a href="#disloyal">78.</a></p>
+
+<p class="ind"><small><a id="fn333"></a><a href="#servitude333">333</a></small> Appendix C, No. <a href="#Progress">79.</a></p>
+
+<p class="ind"><small><a id="fn334"></a><a href="#July334">334</a></small> Appendix C, No. <a href="#Progress">79.</a></p>
+
+<p class="ind"><small><a id="fn335"></a><a href="#Washington335">335</a></small> Liberator, July 19, 1861; Appendix D, No. <a href="#olk_ca">68.</a></p>
+
+<p class="ind"><small><a id="fn336"></a><a href="#safety336">336</a></small> Williams, History of Negro Race in America, 245; Appendix D, No. <a href="#er_Ale">69.</a></p>
+
+<p class="ind"><small><a id="fn337"></a><a href="#difficulty337">337</a></small> Appendix C,
+ Nos. <a href="#on_Army">36,</a> <a href="#against">43,</a> <a href="#Love">44,</a> <a href="#Shank">46</a>-<a href="#ilso">48.</a></p>
+
+<p class="ind"><small><a id="fn338"></a><a href="#slaves338">338</a></small> Appendix C, No. <a href="#ovejo">35.</a></p>
+
+<p class="ind"><small><a id="fn339"></a><a href="#April339">339</a></small> Appendix C, No. <a href="#ejoy">66.</a></p>
+
+<p class="ind"><small><a id="fn340"></a><a href="#rebels340">340</a></small> Appendix C, No. <a href="#ale">41.</a></p>
+
+<p class="ind"><small><a id="fn341"></a><a href="#fugitives341">341</a></small> Cong. Globe, 37 Cong. 2 Sess., 110; Appendix C, No. <a href="#cipat">42.</a></p>
+
+<p class="ind"><small><a id="fn342"></a><a href="#preservation342">342</a></small> Cong. Globe, 37 Cong. 1 Sess, 130.</p>
+
+<p class="ind"><small><a id="fn343"></a><a href="#country343">343</a></small> Cong. Globe, 37 Cong. 1 Sess., 130.</p>
+
+<p class="ind"><small><a id="fn344"></a><a href="#consideration344">344</a></small> Appendix C, No. <a href="#olu">47.</a></p>
+
+<p class="ind"><small><a id="fn345"></a><a href="#passed345">345</a></small> Appendix C, No. <a href="#ilso">48.</a></p>
+
+<p class="ind"><small><a id="fn346"></a><a href="#purpose346">346</a></small> Appendix C, No. <a href="#Blair">58.</a></p>
+
+<p class="ind"><small><a id="fn347"></a><a href="#book347">347</a></small> Cong. Globe, 37 Cong. 2 Sess., 955.</p>
+
+<p class="ind"><small><a id="fn348"></a><a href="#magistrates348">348</a></small> Cong. Globe, 37 Cong. 2 Sess., 956.</p>
+
+<p class="ind"><small><a id="fn349"></a><a href="#March349">349</a></small> Liberator, May 1, 1863 Extract from Frankfort Commonwealth.</p>
+
+<p class="ind"><small><a id="fn350"></a><a href="#held350">350</a></small> Appendix C, No. <a href="#ck_cod">33.</a></p>
+
+<p class="ind"><small><a id="fn351"></a><a href="#there351">351</a></small> Cong. Globe, 37 Cong. 2 Sess., 10.</p>
+
+<p class="ind"><small><a id="fn352"></a><a href="#District352">352</a></small> Appendix C, No. <a href="#ck_cod">33.</a></p>
+
+<p class="ind"><small><a id="fn353"></a><a href="#Judiciary353">353</a></small> Appendix C, No. <a href="#ingha">39.</a></p>
+
+<p class="ind"><small><a id="fn354"></a><a href="#to354">354</a></small> Appendix C, No. <a href="#essende">38.</a></p>
+
+<p class="ind"><small><a id="fn355"></a><a href="#January355">355</a></small> Cong. Globe, 37 Cong. 2 Sess., 182; Appendix C, No. <a href="#Grimes">51.</a></p>
+
+<p class="ind"><small><a id="fn356"></a><a href="#prevail356">356</a></small> Cong. Globe, 37 Cong. 2 Sess., 313.</p>
+
+<p class="ind"><small><a id="fn357"></a><a href="#master357">357</a></small> Cong. Globe, 37 Cong. 2 Sess., 264.</p>
+
+<p class="ind"><small><a id="fn358"></a><a href="#January358">358</a></small> Appendix C, No <a href="#Grimes">51.</a></p>
+
+<p class="ind"><small><a id="fn359"></a><a href="#bill359">359</a></small> Appendix C, Nos. <a href="#cipat">42,</a> <a href="#Wils">54,</a> <a href="#al_the_bl">56.</a></p>
+
+<p class="ind"><small><a id="fn360"></a><a href="#radical360">360</a></small> Wilson, Rise and Fall of the Slave Power in America, iii. 273.</p>
+
+<p class="ind"><small><a id="fn361"></a><a href="#was361">361</a></small> Appendix C, Nos. <a href="#ill">62,</a> <a href="#abolitio">65.</a></p>
+
+<p class="ind"><small><a id="fn362"></a><a href="#pursuers362">362</a></small> Appendix D, No. <a href="#olk_ca">68.</a></p>
+
+<p class="ind"><small><a id="fn363"></a><a href="#December363">363</a></small> Appendix C, No. <a href="#Howe">49.</a></p>
+
+<p class="ind"><small><a id="fn364"></a><a href="#country364">364</a></small> Cong. Globe, 37 Cong. 1 Sess., 1356.</p>
+
+<p class="ind"><small><a id="fn365"></a><a href="#Judiciary365">365</a></small> Appendix C, No. <a href="#lia">76.</a></p>
+
+<p class="ind"><small><a id="fn366"></a><a href="#acts366">366</a></small> 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, No. 80. 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. <a href="#repeal">80.</a></p>
+
+<p class="ind"><small><a id="fn367"></a><a href="#Congress367">367</a></small>Appendix C, No. <a href="#repeal">80.</a></p>
+
+<p class="ind"><small><a id="fn368"></a><a href="#outrage368">368</a></small> Cong. Globe, 38 Cong. 1 Sess., 2774, 2775.</p>
+
+<p class="ind"><small><a id="fn369"></a><a href="#slavery369">369</a></small> Cong. Globe, 38 Cong. 1 Sess., 2914.</p>
+
+<p class="ind"><small><a id="fn370"></a><a href="#adhered370">370</a></small> Cong. Globe, 38 Cong. 1 Sess., 2914.</p>
+
+<p class="ind"><small><a id="fn371"></a><a href="#rehearsed371">371</a></small> Cong. Globe, 38 Cong. 1 Sess., 2911.</p>
+
+<p class="ind"><small><a id="fn372"></a><a href="#it372">372</a></small> Cong. Globe, 38 Cong. 1 Sess., 2913.</p>
+
+<p class="ind"><small><a id="fn373"></a><a href="#duty373">373</a></small> Cong. Globe, 38 Cong. 1 Sess., 2919.</p>
+
+<p class="ind"><small><a id="fn374"></a><a href="#institution374">374</a></small> Cong. Globe, 38 Cong. 1 Sess., 2917.</p>
+
+<p class="ind"><small><a id="fn375"></a><a href="#House375">375</a></small> Cong. Globe. 38 Cong. 1 Sess., 2920.</p>
+
+<p class="ind"><small><a id="fn376"></a><a href="#February376">376</a></small> Senate Journal, 38 Cong. 1 Sess., 196; Cong. Globe, 38 Cong.
+ 1 Sess., 869; Appendix C, No. <a href="#repeal">80.</a></p>
+
+<p class="ind"><small><a id="fn377"></a><a href="#consideration377">377</a></small> Cong. Globe, 38 Cong. 1 Sess., 1175.</p>
+
+<p class="ind"><small><a id="fn378"></a><a href="#constitutionally378">378</a></small> Cong. Globe, 38 Cong. 1 Sess., 1710.</p>
+
+<p class="ind"><small><a id="fn379"></a><a href="#commandments379">379</a></small> Cong. Globe, 38 Cong. 1 Sess., 1709.</p>
+
+<p class="ind"><small><a id="fn380"></a><a href="#lands380">380</a></small> Cong. Globe, 38 Cong. 1 Sess., 1713.</p>
+
+<p class="ind"><small><a id="fn381"></a><a href="#accepted381">381</a></small> Senate Journal, 38 Cong. 1 Sess., 348; Cong. Globe, 38 Cong. 1 Sess., 1710, 1714.</p>
+
+<p class="ind"><small><a id="fn382"></a><a href="#argument382">382</a></small> Cong. Globe, 38 Cong. 1 Sess., 1752.</p>
+
+<p class="ind"><small><a id="fn383"></a><a href="#to383">383</a></small> Cong. Globe, 38 Cong. 1 Sess., 3191; Appendix C, No. <a href="#repealing">83.</a></p>
+
+<p class="ind"><small><a id="fn384"></a><a href="#States384">384</a></small> Appendix C, No. <a href="#repealing">83.</a></p>
+</div>
+
+
+
+
+
+
+
+
+
+<div class="tnbox">
+<p class="noindent"><b>Transcriber's note:</b> Original spelling varieties have been maintained; footnotes
+were renumbered. The index was changed to refer to section numbers instead of page numbers. Abbreviations
+ and references changed for clarity:
+§&nbsp;<a href="#International_cases">11</a>: o'selves&mdash;>
+we could not promise ourselves from you; w'ch&mdash;> which are shortly like to be nearer
+ neighbors; O'tres&mdash;> vpon the receiving of these Outres;
+p'ties&mdash;> the demand of the parties interessted; p'sons&mdash;> compell such other
+persons.&mdash;&mdash;§&nbsp;<a href="#Act_1850">29</a>, Footnotes
+ <small>158</small>, <small>159</small>: "Appendix B, Nos.&nbsp;68.,&nbsp;83,&nbsp;84" not found;
+all linked to Appendix B, No.&nbsp;<a href="#lative">30.</a> &mdash;&mdash;§ 84 not listed in the original.&mdash;&mdash;§&nbsp;<a href="#Early_propositions_to">101</a>., Footnote <small>366</small>:
+ "Appendix C, Nos. 104, 106" not found;
+both linked to Appendix C, No.&nbsp;<a href="#repeal">80.</a>&mdash;&mdash;§&nbsp;<a href="#in_the_Senate">103</a>, Footnote <small>384</small>: "Appendix C, No.&nbsp;116" not found;
+linked to Appendix C, No.&nbsp;<a href="#repealing">83.</a>&mdash;&mdash;Appendix A, No. <a href="#Connect">9:</a> appr'ntices&mdash;> apprentices;
+w'th&mdash;> with; fr'o&mdash;> from; pr'euenting&mdash;> preuenting.&mdash;&mdash;Appendix A, <a href="#and_their_entert">31:</a> ag't&mdash;> against;
+ Satisfacc'on&mdash;> Satisfaccion; reparac'on&mdash;> reparacion;
+Lord Prop'ry&mdash;> Lord Proprietary; publicac'on&mdash;> publicacion; Informac'on&mdash;> Informacion.&mdash;&mdash;Appendix A, No. <a href="#lier_act_amend">66:</a> goalers&mdash;> Fees of the
+gaolers given.&mdash;&mdash;Appendix C, No.&nbsp;<a href="#repeal">80:</a> "See No.&nbsp;84" not found, linked to No.&nbsp;<a href="#repealing">83.</a>
+&mdash;&mdash;Appendix E, No. <a href="#Reminiscences">9:</a> reminscences&mdash;> the reminiscences of participants.
+</p></div>
+
+
+
+
+
+
+
+
+
+<pre>
+
+
+
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+End of Project Gutenberg's Fugitive Slaves, by Marion Gleason McDougall
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+</body>
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+</html>
diff --git a/34594.txt b/34594.txt
new file mode 100644
index 0000000..fe9a27e
--- /dev/null
+++ b/34594.txt
@@ -0,0 +1,10717 @@
+The Project Gutenberg EBook of Fugitive Slaves, by Marion Gleason McDougall
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever. You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Fugitive Slaves
+ 1619-1865
+
+Author: Marion Gleason McDougall
+
+Release Date: December 7, 2010 [EBook #34594]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK FUGITIVE SLAVES ***
+
+
+
+
+Produced by The Online Distributed Proofreading Team at
+http://www.pgdp.net (This file was produced from images
+generously made available by The Internet Archive/American
+Libraries.)
+
+
+
+
+
+
+
+
+
+_PUBLICATIONS OF THE SOCIETY FOR THE COLLEGIATE INSTRUCTION
+
+OF WOMEN_
+
+Fay House Monographs
+
+No. 3
+
+
+
+
+FUGITIVE SLAVES
+
+(1619-1865)
+
+BY
+
+MARION GLEASON McDOUGALL
+
+
+
+
+PREPARED UNDER THE DIRECTION OF
+
+ALBERT BUSHNELL HART, PH.D.
+
+ASSISTANT PROFESSOR OF HISTORY
+
+IN HARVARD UNIVERSITY
+
+BOSTON, U.S.A.
+
+PUBLISHED BY GINN & COMPANY
+
+1891
+
+
+
+
+_Copyright, 1891,_
+
+BY THE SOCIETY FOR THE COLLEGIATE INSTRUCTION OF WOMEN.
+
+University Press:
+
+JOHN WILSON AND SON, CAMBRIDGE.
+
+
+
+
+EDITOR'S PREFACE.
+
+
+Every careful student of history is aware that it is no longer possible
+to write the general history of any important country from the original
+sources; on any period, the materials which accumulate in a year are more
+than can be assimilated by one mind in three years. The general historian
+must use the results of others' work. It is therefore essential that the
+great phases of political and constitutional development be treated in
+monographs, each devoted to a single, limited subject and each prepared
+on a careful and scientific method.
+
+This first number of the historical series of the Fay House Monographs
+aims to discuss the single topic of Fugitive Slaves. Mrs. McDougall has
+drawn together and compared many cases found in obscure sources, and has
+perhaps been able to correct some commonly received impressions on this
+neglected subject.
+
+Even in its limited range this does not pretend to be a complete work in
+the sense that all the available cases are discussed or recorded. The
+effort has been made to use the cases as illustrations of principles, and
+to add such bibliography as may direct the reader to further details. The
+appendix of laws is as full as it was possible to make it from the
+collections in the Boston Public and Massachusetts State Libraries. If
+the monograph prove useful to the student of American history, it will
+meet the expectations of author and editor.
+
+ ALBERT BUSHNELL HART.
+
+CAMBRIDGE, April 2, 1891.
+
+
+
+
+AUTHOR'S PREFACE.
+
+
+The following monograph was written while the author was a student in the
+"Harvard Annex" as a study in the Seminary course given by Professor
+Albert Bushnell Hart. The work has continued during parts of the four
+years since 1887. The effort has been to trace in some measure the
+development of public sentiment upon the subject, to prepare an outline
+of Colonial legislation and of the work of Congress during the entire
+period, and to give accounts of typical cases illustrative of conditions
+and opinions. Only a few of the more important cases are described
+minutely, but a critical list of the authorities may be found in the
+bibliographical appendix.
+
+The thanks of the author are due first to Professor Hart, under whose
+direction and with whose assistance and encouragement the monograph has
+been prepared; then to Miss Anna B. Thompson, without whose careful
+training in the Thayer Academy and continued sympathy, the work could not
+have been undertaken. Many thanks are due also to the authorities of the
+Library of Harvard College for the use, in the alcoves, of their large
+and conveniently arranged collection of books and pamphlets on United
+States History, and to the assistants in the Boston Public and
+Massachusetts State Libraries for courteous aid. Colonel T. W. Higginson
+has kindly examined the chapter on the cases from 1850 to 1860,
+suggesting some interesting details; and Mr. Arthur Gilman has read the
+whole in proof, and made many valuable suggestions.
+
+ MARION GLEASON McDOUGALL.
+
+ROCKLAND, MASS. April 2, 1891.
+
+
+
+
+CONTENTS.
+
+
+ Page
+
+CHAPTER I.
+
+_LEGISLATION AND CASES BEFORE THE CONSTITUTION._
+
+ Sec. 1. Elements of colonial slavery 1
+
+ Sec. 2. Regulations as to fugitives (1640-1700) 2
+
+ Sec. 3. Treatment of fugitives 3
+
+ Sec. 4. Regulations in New England colonies 4
+
+ Sec. 5. Escapes in New England: Attucks case 5
+
+ Sec. 6. Dutch regulations in New Netherlands 6
+
+ Sec. 7. Escapes from New Amsterdam 6
+
+ Sec. 8. Intercolonial regulations 7
+
+ Sec. 9. Intercolonial cases 8
+
+ Sec. 10. International relations 9
+
+ Sec. 11. International cases 10
+
+ Sec. 12. Relations with the mother country 11
+
+ Sec. 13. Regulation under the Articles of Confederation (1781-1788) 12
+
+ Sec. 14. Ordinance for the Northwest Territory (1787) 13
+
+ Sec. 15. The Fugitive question in the Constitutional Conventions 14
+
+
+CHAPTER II.
+
+_LEGISLATION FROM 1789 TO 1850._
+
+ Sec. 16. Effect of the fugitive slave clause in the Constitution 16
+
+ Sec. 17. The first Fugitive Slave Act (1793) 16
+
+ Sec. 18. Discussion of the first act 18
+
+ Sec. 19. Propositions of 1797 and 1802 19
+
+ Sec. 20. Propositions from 1817 to 1822 21
+
+ Sec. 21. Period of the Missouri Compromise (1819-1822) 23
+
+ Sec. 22. Status of the question from 1823 to 1847 24
+
+ Sec. 23. Canada and Mexico places of refuge 25
+
+ Sec. 24. Status of fugitives on the high seas 26
+
+ Sec. 25. Kidnapping from 1793 to 1850: Prigg case 27
+
+ Sec. 26. Necessity of more stringent fugitive slave provisions 28
+
+ Sec. 27. Action of Congress from 1847 to 1850 28
+
+ Sec. 28. Slavery in the District of Columbia 29
+
+ Sec. 29. The second Fugitive Slave Act (1850) 29
+
+ Sec. 30. Provisions of the second Fugitive Slave Act 30
+
+ Sec. 31. Arguments for the bill 31
+
+ Sec. 32. Arguments against the bill 32
+
+
+CHAPTER III.
+
+_PRINCIPAL CASES FROM 1789 TO 1860._
+
+ Sec. 33. Change in character of cases 34
+
+ Sec. 34. The first case of rescue (1793) 35
+
+ Sec. 35. President Washington's demand for a fugitive (1796) 35
+
+ Sec. 36. Kidnapping cases 36
+
+ Sec. 37. Jones case (1836) 36
+
+ Sec. 38. Solomon Northup case (about 1830) 37
+
+ Sec. 39. Washington case (between 1840 and 1850) 38
+
+ Sec. 40. Oberlin case (1841) 38
+
+ Sec. 41. Interference and rescues 38
+
+ Sec. 42. Chickasaw rescue (1836) 38
+
+ Sec. 43. Philadelphia case (1838) 39
+
+ Sec. 44. Latimer case (1842) 39
+
+ Sec. 45. Ottoman case (1846) 40
+
+ Sec. 46. Interstate relations 41
+
+ Sec. 47. Boston and Isaac cases (1837, 1839) 41
+
+ Sec. 48. Ohio and Kentucky cases (1848) 41
+
+ Sec. 49. Prosecutions 42
+
+ Sec. 50. Van Zandt, Pearl, and Walker cases (1840, 1844) 42
+
+ Sec. 51. Unpopularity of the Fugitive Slave Act of 1850 43
+
+ Sec. 52. Principle of the selection of cases 43
+
+ Sec. 53. Hamlet case (1850) 43
+
+ Sec. 54. Sims case (1851) 44
+
+ Sec. 55. Burns case (1854) 45
+
+ Sec. 56. Garner case (1856) 46
+
+ Sec. 57. Shadrach case (1851) 47
+
+ Sec. 58. Jerry McHenry case (1851) 48
+
+ Sec. 59. Oberlin-Wellington case (1858) 49
+
+ Sec. 60. Christiana case (1851) 50
+
+ Sec. 61. Miller case (1851) 51
+
+ Sec. 62. John Brown in Kansas (1858) 51
+
+
+CHAPTER IV.
+
+_FUGITIVES AND THEIR FRIENDS._
+
+ Sec. 63. Methods of escape 53
+
+ Sec. 64. Reasons for escape 54
+
+ Sec. 65. Conditions of slave life 55
+
+ Sec. 66. Escapes to the woods 56
+
+ Sec. 67. Escapes to the North 57
+
+ Sec. 68. Use of protection papers 58
+
+ Sec. 69. Fugitives disguised as whites: Craft case 58
+
+ Sec. 70. Underground Railroad 60
+
+ Sec. 71. Rise and growth of the system 60
+
+ Sec. 72. Methods pursued 61
+
+ Sec. 73. Colored agents of the Underground Railroad 62
+
+ Sec. 74. Prosecutions of agents 63
+
+ Sec. 75. Formal organization 63
+
+ Sec. 76. General effect of escapes 64
+
+
+CHAPTER V.
+
+_PERSONAL LIBERTY LAWS._
+
+ Sec. 77. Character of the personal liberty laws 65
+
+ Sec. 78. Acts passed before the Prigg decision (1793-1842) 65
+
+ Sec. 79. Acts passed between the Prigg decision and
+ the second Fugitive Slave Law (1842-1850) 66
+
+ Sec. 80. Acts occasioned by the law of 1850 (1850-1860) 66
+
+ Sec. 81. Massachusetts acts 67
+
+ Sec. 82. Review of the acts by States 69
+
+ Sec. 83. Effect of the personal liberty laws 70
+
+
+CHAPTER VI.
+
+_THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865)._
+
+ Sec. 85. The Fugitive Slave Law in the crisis of 1860-61 71
+
+ Sec. 86. Proposition to enforce the Fugitive Slave Law 72
+
+ Sec. 87. Propositions to repeal or amend the law 73
+
+ Sec. 88. The question of slaves of rebels 73
+
+ Sec. 89. Slavery attacked in Congress 74
+
+ Sec. 90. Confiscation bills 75
+
+ Sec. 91. Confiscation provisions extended 75
+
+ Sec. 92. Effect of the Emancipation Proclamation (1863) 77
+
+ Sec. 93. Fugitives in loyal slave States 77
+
+ Sec. 94. Typical cases 78
+
+ Sec. 95. Question discussed in Congress 78
+
+ Sec. 96. Arrests by civil officers 80
+
+ Sec. 97. Denial of the use of jails in the District of Columbia 80
+
+ Sec. 98. Abolition of slavery in the District of Columbia 82
+
+ Sec. 99. Regulations against kidnapping 82
+
+ Sec. 100. Repeal of the Fugitive Slave Acts 83
+
+ Sec. 101. Early propositions to repeal the acts 83
+
+ Sec. 102. Discussion of the repeal bill in the House 84
+
+ Sec. 103. Repeal bills in the Senate 85
+
+ Sec. 104. The repeal act and the thirteenth amendment 86
+
+ Sec. 105. Educating effect of the controversy 87
+
+
+APPENDICES.
+
+ APPENDIX A.
+ Colonial laws relative to fugitives 89
+
+ APPENDIX B.
+ National acts and propositions relative to fugitive slaves
+ (1778-1854) 104
+
+ APPENDIX C.
+ National acts and propositions relating to fugitive slaves
+ (1860-1864) 117
+
+ APPENDIX D.
+ List of important fugitive slave cases 124
+
+ APPENDIX E.
+ Bibliography of fugitive slave cases and fugitive slave
+ legislation 129
+
+ INDEX. 139
+
+
+
+
+CHAPTER I.
+
+_LEGISLATION AND CASES BEFORE THE CONSTITUTION._
+
+ Sec. 1. Elements of colonial slavery.
+ Sec. 2. Regulations as to fugitives (1640-1700).
+ Sec. 3. Treatment of fugitives.
+ Sec. 4. Regulations in New England colonies.
+ Sec. 5. Escapes in New England: Attucks case.
+ Sec. 6. Dutch regulations in New Netherlands.
+ Sec. 7. Escapes from New Amsterdam.
+ Sec. 8. Intercolonial regulations.
+ Sec. 9. Intercolonial cases.
+ Sec. 10. International relations.
+ Sec. 11. International cases.
+ Sec. 12. Relations with the mother country.
+ Sec. 13. Regulation under the Articles of Confederation (1781-1788).
+ Sec. 14. Ordinance for the Northwest Territory (1787).
+ Sec. 15. The Fugitive question in the Constitutional Conventions.
+
+
+=Sec. 1. Elements of colonial slavery.=--By the middle of the seventeenth
+century, the settlements made in America by the English, Dutch, and
+Swedes were arranged for the most part in a line of little colonies
+closely following the Atlantic coast. To the west, wide forests and
+plains, broken only by the paths of the Indian, stretched on to the
+Pacific; while long intervals of unpopulated country separated the
+colonists on the north from the French in Canada, and on the south from
+the Spaniards in Florida.
+
+In all the colonies thus grouped together, the system of slavery had
+already become well established, and with its institution the question of
+the escape and return of the slaves had necessarily arisen. The
+conditions of the country, both physical and social, gave unusual
+facilities for flight. The wild woods, the Indian settlements, or the
+next colony, peopled by a foreign race, and perhaps as yet without firmly
+established government, offered to the slave a refuge and possibly
+protection. Escape, therefore, as a peculiar danger, demanded peculiar
+remedies. Though it is the purpose of this monograph not so much to study
+the detail of legislation or escape in the colonies as to deal with the
+period from 1789 to 1865, a slight sketch of the intercolonial laws and
+provisions which preceded and in part suggested later legislation will
+first be necessary.
+
+Almost immediately after the introduction of slavery, in 1619, we begin
+to find regulations made by the colonists upon this subject. At first
+they applied solely to their own territory, but soon agreements were
+entered into among several colonies, or between a colony and the Indians
+or the French in Canada. These acts and agreements recognized not only
+the negro, as at a later period, but also the white and the Indian slave.
+There existed in some of the colonies of this time a peculiar class of
+white people, who received no wages, and were bound to their masters.[1]
+Usually these redemptioners were laborers or handicraftsmen, but
+sometimes they were persons of education who had committed a crime, and
+were sold according to law for a term of years, or for life. One of the
+class is curiously connected with the education of no less a person than
+George Washington. An unpublished autobiography of the Reverend John
+Boucher, who from 1760 to the Revolution was a teacher and preacher in
+Virginia, contains the following paragraph noticing the fact:--
+
+ "Mr. Washington was the second of five sons, of parents distinguished
+ neither for their rank nor fortune.... George, who, like most people
+ thereabouts at that time, had no other education than reading, writing,
+ and accounts, which he was taught by a convict servant whom his father
+ bought for a schoolmaster, first set out in the world as a surveyor of
+ Orange County."[2]
+
+
+=Sec. 2. Regulations as to fugitives.=--The earliest regulation upon this
+subject is found among the freedoms and exemptions granted by the West
+India Company, in 1629, "to all Patroons, Masters, or Private Persons"
+who would agree to settle in New Netherlands. The authorities promised to
+do all in their power to return to their masters any slaves or colonists
+fleeing from service.[3]
+
+A little later, the Swedish colonists in Pennsylvania asked from their
+government the same privilege of reclaiming fugitives.[4] The preamble of
+an act against fugitives in East Jersey, in 1686, explains these
+provisions. They found that "the securing of such persons as Run away, or
+otherwise absent themselves from their master's lawfull Occasion," was "a
+material encouragement to such Persons as come into this country to
+settle Plantations and Populate the Province."[5] In many of the Southern
+colonies, as Maryland and South Carolina, so severe were the acts against
+this class of bound colonists that a runaway might be declared outlawed,
+and might rightfully be killed by any person.[6]
+
+
+[Sidenote: Treatment of Fugitives]
+
+=Sec.3. Treatment of fugitives.=--From 1640 to 1700, laws were also passed
+in New Jersey, Maryland, South Carolina, and Virginia. It is not
+necessary to follow out the provisions here,[7] but each of the Southern
+colonies, as in later regulations, provided most minutely for all
+possible cases. By a Virginia law of 1642, all persons who entertained
+runaways, whether slaves or hired freemen, were to be fined twenty pounds
+of tobacco for each night's hospitality. The fugitives were to add to
+their tenure of service double their time of absence, and on a second
+offence to be branded with the letter R.[8]
+
+A curious regulation in 1660-1, in Virginia, provided that if a negro and
+white bound servant ran away together, since the negro's time of
+servitude was for life, and he was therefore incapable of making up his
+lost time, the white servant's punishment should be doubled by adding the
+negro's sentence to his own.[9] Another regulation, entitled "How to Know
+a Runaway," commanded that all recovered fugitives have their hair "cutt"
+close about their ears.[10]
+
+Sometimes the penalties were even more severe, but the processes were
+much the same. A person who found a slave or vagabond without a pass
+usually took him before the next justice, who took cognizance of the
+captor's good service, and certified it in the next Assembly: the runaway
+was then delivered from constable to constable, until he was returned to
+his master.
+
+After 1700 the process grows yet more elaborate; for example, take a
+North Carolina law of 1741. The securer of a runaway was to have seven
+shillings and sixpence proclamation money, and for every mile over ten
+which he conducted the fugitive threepence extra. When seized, runaways
+were to be whipped and placed in the county gaol. If the owner was known,
+he was notified and went for his slave; if not, a notice describing the
+runaway must be placed upon the door of the court-house, and sent to the
+clerk or reader of each church or chapel within the county. They were
+required to post all such notices every Lord's day for two months in some
+convenient place near the church. At the end of this time, should no
+claimant appear, the slave must be sent from constable to constable, till
+the public gaol of the government was reached. There, upon consent of the
+court or of two justices, he might be sold to hire by the gaoler.[11] The
+Maryland Archives record that in 1669 ten thousand pounds of tobacco were
+appropriated to build one of these log-house gaols wherein fugitive
+servants might be lodged.[12]
+
+
+=Sec. 4. Regulations in New England colonies.=--Let us turn now to the New
+England colonies. Here we must expect to find but few provisions, since
+the class of slaves and bound servants was so small that it could easily
+be controlled. The first law in Massachusetts Bay was passed in 1630, and
+was entitled, "An Act respecting Masters, Servants, and Laborers." In
+accordance with the arbitrary methods of government then pursued, it
+included not only runaway servants, but also any persons who should
+"privily go away with suspicion of evil intention," and ordered the
+magistrate "to press men, boats, or pinnaces," and "to bring them back by
+force of arms." A humane provision, usually wanting in Southern laws,
+though also found in New Netherlands, declared that, whenever servants
+fled on account of the tyranny of their masters, they should be protected
+until measures for their relief could be taken.[13]
+
+In Connecticut and New Hampshire similar laws were passed, and in 1707
+Massachusetts Bay, in regulating the free negro population, enacted that
+every freeman or mulatto who should harbor a negro servant in his house
+without his owner's consent should pay five shillings for the use of the
+poor of the town.[14]
+
+In those days, when bridges were few, the ferrymen were apparently much
+relied upon as agents to detect and apprehend runaways. In 1714 we find
+that several negro slaves had been carried over ferries, and thus escaped
+out of Rhode Island. The Assembly therefore 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." All persons were also
+commanded to take up any slave they might find travelling about without a
+pass.[15]
+
+
+[Sidenote: Escapes in New England.]
+
+=Sec. 5. Escapes in New England: Attucks case.=--Although we do not find
+records of fugitive slave cases tried at this time within the New England
+colonies, advertisements of runaways exist in sufficient numbers to prove
+that escapes were common. It seems probable, therefore, that the return
+of a slave when within his own colony was taken as a matter of course,
+and roused so little opposition, and required so simple a process at law,
+that matters concerning it would seldom find mention in the chronicles of
+the time. Here is a typical advertisement:--
+
+ "Ran away from Samuel Gilbert of Littleton, an indentured Servant Boy,
+ named Samuel Gilson, about 17 years old, of a middling Stature for his
+ Age, and wears black curled Hair, he carried away with him a blue cloth
+ Coat, a light colored Jacket with sleeves, one pair of worsted
+ Stockings, two striped woolen Shirts, and one good linnen Shirt. He
+ went away in company with a short thick set Fellow, who wore a green
+ coat and a green Jacket double breasted, also a pair Indian green
+ Stockings. Whoever shall take up and secure, or give information of
+ said runaway, so that his master may find him again, shall receive a
+ Reward of two dollars and all necessary charges from
+
+ SAMUEL GILBERT.
+
+ "All masters of vessels and others are cautioned against harboring,"
+ etc.[16]
+
+Again a case interesting not only as an illustration of the customs of
+the time, but also because the fugitive himself bears a name known to
+history in another connection, is noticed in the Boston Gazette of 1750.
+Here is advertised as escaping, October 2, 1750, from his master, William
+Browne of Framingham, Massachusetts, "A molatto fellow about twenty-seven
+years of age, named Crispus." After describing his clothing and
+appearance, a reward of ten pounds, old tenor, is offered for his return,
+and "all masters of vessels and others are cautioned against concealing
+said servant on penalty of law."[17] Tradition has it, however, that he
+was never arrested, but returned of his own accord after a short time,
+and was for the next twenty years a faithful servant.[18] Then, in 1770,
+presumably while in town upon one of the expeditions he often undertook
+to buy and sell cattle for his master, he was drawn into the Boston
+Massacre of March 5.[19]
+
+A somewhat famous case, which also occurred in Massachusetts, though many
+years later, may here be mentioned. About 1769 one Rotch, a Quaker, and
+therefore probably opposed to slavery, received on board the whaler
+Friendship a young negro boy named Boston, belonging to the heirs of
+William Swain. At the end of the voyage his master, John Swain, brought
+action in the court of Nantucket against Captain Folger for the recovery
+of the slave; the jury, whether from lack of evidence or from sympathy
+cannot be determined, returned a verdict in favor of the defendant.[20]
+
+
+[Sidenote: Dutch and Intercolonial Regulations.]
+
+=Sec. 6. Dutch regulations in New Netherlands.=--The early New Netherlands
+regulations furnish many interesting provisions concerning fugitive
+servants. Apparently the servile class was numerous, and hard to govern.
+In the words of the ordinance of 1640, "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 standstill, which tends to the serious injury of this country, to
+their masters' ruin, and to bring the magistracy into contempt." It was
+therefore ordained that runaways must, at the end of their term of
+indenture, serve double the time of their absence, and make good all loss
+and damage to their masters; while persons harboring fugitives were
+obliged to pay a fine of fifty guilders.[21]
+
+
+=Sec. 7. Escapes from New Amsterdam.=--Within these Dutch colonies there is
+recorded a case of escape as early as 1659. Four menservants of Cornelis
+Herperts de Jager, of New Amsterdam, ran away to Manhattan. One of them
+soon returned, and in accordance with the regulation made in 1630 by the
+West India Company,[22] requiring the return of fugitives in their
+various settlements, one of the officers of the colony sent to Manhattan
+an order to arrest and bring back the remaining three in chains.[23]
+
+
+=Sec. 8. Intercolonial regulations.=--It will be seen that most of the
+colonies considered some provision against runaways necessary to the
+welfare of the settlements. To secure such legislation in a single colony
+was a comparatively easy matter; but the unorganized and sparsely settled
+condition of the country rendered any intercolonial regulations
+difficult.
+
+The first formal agreement of this kind was arranged by the New England
+Confederation of Plymouth, Massachusetts, Connecticut, and New Haven, in
+1643. In their Articles of Confederation was a clause which promised: "If
+any servant runn away from his master into any other of these
+confederated Jurisdiccons, That in such Case vpon the Certyficate of one
+Majistrate in the Jurisdiccon out of which the said servant fled, or upon
+other due proofe, the said servant shall be deliuered either to his
+Master or any other that pursues and brings such Certificate or
+proofe."[24] This clause contains the earliest statement of the
+principles regarding the treatment of fugitive slave cases, afterward
+carried out in the United States statutes of 1787, 1793, and 1850. There
+was no trial by jury, but the certificate of a magistrate was sufficient
+evidence to convict the runaway.
+
+It is probable, also, that the rendition of fugitives was considered a
+duty incumbent upon all colonies, whatever their relation to each other,
+since about this time we find an agreement made for the mutual surrender
+of fugitives between the Dutch at New Netherlands and the English at New
+Haven.[25]
+
+Not only did the slaves of the Dutch escape to the English colonies, but
+they often fled to the forests, where recovery must have been almost
+impossible unless the Indians could be induced to hunt them out. Curious
+rewards were sometimes offered. Maryland, in 1669, ordered that any
+Indian who shall apprehend a fugitive may have a "match coate," or its
+value.[26] Virginia would give "20 armes length of Roanoke," or its
+value,[27] while in Connecticut "two yards of cloth" was considered
+sufficient inducement.[28] We have record of several conferences upon
+this subject. Governor Burnett of New York asked his Indians to exert
+themselves in behalf of the Governor of Virginia, who had written to him
+about the escape of several of his negro servants to the mountains. The
+Indians promised their help in this and any other search; but as they
+seldom seem to have succeeded, it is probable that their sympathy was
+with the fugitives.[29] Again Governor Burnett demanded the restoration
+of a certain Indian slave whom they had kidnapped from the English. The
+Indians acknowledged the fact, but they said that he was then sold to
+others, and nothing further could be done.[30]
+
+Canada even in these early times seems also to have been a haven for
+fugitives. In 1705 New York passed an act, which was renewed in 1715, to
+prevent slaves running away from frontier towns like Albany to Canada,
+because it was of great importance, they said, in time of war, "that no
+Intelligence be carried from the said city and county to the French in
+Canada."[31]
+
+During all this time the Southern colonies, especially the Carolinas and
+Georgia, were also making many complaints in regard to the difficulty
+they had in recovering the fugitives, both Indian and negro, who were
+escaping in large numbers into Florida. There, among the Creek Indians
+and the Spanish at St. Augustine, they easily found refuge.[32] This
+difficulty was, however, not remedied in colonial times, but continued
+long after the formation of the Federal Union, and in fact until the
+close of the Seminole war, in 1845.
+
+
+[Sidenote: Intercolonial Cases.]
+
+=Sec. 9. Intercolonial cases.=--When, as was often the case, no agreement
+upon the return of fugitives had been arranged between the colonies, the
+rendition of a slave depended wholly upon the state of feeling existing
+between the two peoples, and sometimes became an important question.
+Between the New England colonies no cases have been found recorded,
+although we infer that there must have been reason for the insertion of
+a fugitive slave clause in the Articles of Confederation of 1643.[33]
+
+Of other early cases one of the most interesting is the escape from
+Virginia of four Englishmen belonging to the class of bound servants.
+They rowed in a small boat up the coast as far as Cape May, where they
+landed.[34] They soon found themselves objects of suspicion with the
+people, and, as was a common practice, took refuge among the Indians.
+About a year afterward their masters tracked them to their place of
+refuge, and captured two of them, but the others were again beyond reach.
+The Indians, who evidently did not always befriend runaways, had just
+sold one of them, William Browne, to a Swede, and Browne, learning of his
+former master's appearance, had found opportunity to escape. The fourth
+of the fugitives was still among the Mantas, and could not be secured. Of
+the two recaptured, one was returned without trouble, but the other,
+Turc, who had just entered the service of a certain Pieter Aldrich,
+resisted his captors. A struggle took place upon the boat in which they
+were carrying him away. After wounding three of his guards, he succeeded
+in making his escape, only to be recaptured almost immediately. When
+tried for the deed at New Amsterdam, he received a death sentence.[35] In
+this case, one of the most complete in detail left to us, may be found,
+in the incidents of escape, pursuit, resistance, and final rendition, all
+the features of the later fugitive slave cases. It is also an example
+wherein the laws of the period, which required the rendition of a bound
+white man in the same manner as a negro slave, were strictly carried out:
+and in the diverse fates of the four men we find instances probably
+typical of the fortunes of most fugitives of the time.
+
+
+=Sec. 10. International relations.=--The proximity of the French, Spanish,
+and Dutch settlements led to escapes from the colonies of one power into
+those of another. All were slaveholding communities, and there was no
+disposition to shield a slave because his lot was a hard one; but the
+distrust and enmity between neighboring colonies owing allegiance to
+different sovereigns caused such escapes to lead to petty quarrels. There
+was no system of extradition treaties; in fact, there was as yet little
+international law. Fugitives were demanded as an act of comity, and
+sometimes their delivery was refused. It was hardly a subject on which
+the home governments bestirred themselves. The colonies were left to make
+their own agreements, or to settle their own disagreements.
+
+
+[Sidenote: International Cases]
+
+=Sec. 11. International cases.=--Thus far only those cases have been noticed
+which arose within and between colonies of the same nation. Let us now
+consider a very early case of disagreement between colonies of different
+nations, which occurred in 1646. The commissioners of the United Colonies
+made complaint to the Governor of New Netherlands that his Dutch agent at
+Hartford was harboring one of their Indian slaves. Soon after, Governor
+Stuyvesant was refused the return of some of his runaway servants from
+New Haven. Thereupon the angry Lords of the West India Company issued a
+proclamation commanding that there should be no rendition of fugitive
+slaves to New Haven. This provision continued in effect until Governor
+Elton sent back some of the fugitives to New Netherlands. It was then
+annulled, and a mutual agreement to return the runaways was entered into
+by the United Colonies and the Dutch.[36] Governor John Winthrop, in his
+History of New England, refers to the case, and says that Massachusetts
+Bay endeavored to bring about a reconciliation, and wrote to the Governor
+of New Netherlands intimating to him that "at their request he might send
+back the fugitives without prejudice to their right or reputation."[37]
+
+Maryland also found difficulty, from the readiness with which her
+servants could flee north to New Netherlands. In the State Archives may
+be found a letter sent by the authorities to the Governor of New
+Netherlands, as follows:--
+
+ "SIR,--Some servants being lately fledd out of this colony, into yours,
+ as is supposed, we could not promise ourselves from you that justice &
+ faire correspondence betweene the two governments so neerly bordering &
+ which are shortly like to be nearer neighbors in delaware bay, as to
+ hope that vpon the receiving of these Outres & the demand of the
+ parties interessted you will remand to us all such apprentice servants
+ as are or shall run out of this government into yours; and will compell
+ such other persons, as shall flie to you without a passe, being
+ indebted or otherwise obnoxious to the justice of this place, to make
+ such satisfaction to the parties endamaged by their unlawful departure,
+ upon their complaints and proofe thereof, as you shall find justice to
+ require. And you may promise yourself the like helpe and concurrence
+ from this governm't in that or any other thing as shalbe in the power
+ of it: And so we bid you heartilly farewell & rest.
+
+ "To the hon'ble the Governor of the New Netherlands."[38]
+
+In 1659 the Dutch had occasion to ask the same favor of Maryland. Whether
+there had been trouble between the colonies since the earlier letter we
+do not know, but the spirit of the communication was quite different.
+Instead of assurances of good will, and expressions of a belief in the
+certainty of peaceful return, the Dutch threatened, if their servants
+were not secured to them, "to publish free liberty, access and recess to
+all planters, servants, negroes, fugitives, and runaways which may go
+into New Netherland."[39]
+
+Trouble was also constantly arising between the French and English, or
+French and Dutch, in regard to the many runaways who fled from the
+Eastern colonies northward to Canada. In 1750 there was a dispute about a
+certain negro belonging to the English, but at that time in possession of
+the Sieur de la Corne St. Luc; and, in a letter to a friend, one of the
+officers of the colony makes the following explanation concerning them:
+"In regard to the negro in possession of Sieur de la Corne St. Luc I
+thought proper not to send him back every negro being a slave wherever he
+be. Besides, I am only doing what the English did in 1747. Ensign de
+Malbronne on board Le Screux had a negro servant who was at first taken
+from him; I took pains to reclaim him, but the English refused to
+surrender him on ground as above."[40]
+
+
+=Sec. 12. Relations with the mother country.=--With only one country across
+the sea was any question of fugitives likely to arise. In England white
+slavery had long since died out, except as a punishment for crime;
+villeinage ceased about the time the colonies were settled. But the
+status of black slaves who were taken from the colonies to England was in
+practice unchanged.
+
+The principle thus apparently established by custom was overthrown by a
+succession of legal decisions, culminating in the famous Somersett Case.
+It was first decided by Thomas Grahame, judge in the Admiralty Court,
+Glasgow, that a certain negro who had been brought into Great Britain
+must be liberated, on the ground that a guiltless human being taken into
+that country must be free.[41] In 1762 occurred another similar case. A
+bill had been filed in equity by an administrator to recover money given
+by his intestate to a negro brought to England as a slave. The suit was
+dismissed by Lord Northington, who said that as soon as a man set foot on
+English ground he was free.[42]
+
+The Somersett case came ten years later. The circumstances were as
+follows. A Mr. Stewart, accompanied by his slave Somersett, left Boston
+on the 1st of October, 1769, and went to London, where he kept his slave
+until October 1, 1771. Then Somersett ran away, but his owner soon
+secured him and had him placed on board a vessel bound for Jamaica,
+probably with the intention of selling him as a slave. A writ of habeas
+corpus was then served upon the captain of the ship, and on the hearing
+Lord Mansfield decided that Somersett must be discharged. In England, he
+said, slavery could exist only by positive law; and in default of such
+law there was no legal machinery for depriving a man of his liberty on
+the ground that he was a slave. The importance of the case for the
+colonies lay not in the assertion of the principle that slavery depended
+on positive law, for the American statute-books were full of positive law
+on slavery; the precedent thus established determined the future course
+of England against the delivery of fugitives, whether from her colonies
+or from other countries.[43]
+
+
+=Sec. 13. International regulations under the Articles of Confederation
+(1781-1788).=--When, on March 1, 1781, the Articles of Confederation went
+into effect, the only action taken by the United States on the subject of
+fugitives had been the negotiation of a treaty with the Delaware Indians,
+August 7, 1778, by which the parties bound themselves not "to protect in
+their respective States criminal fugitives, servants, or slaves, but the
+same to apprehend, secure, and deliver."[44] In seven of the eight other
+treaties negotiated with Indian tribes from 1784 to 1786, clauses were
+introduced for the return of black prisoners, or of "negroes and other
+property."[45] The States affected were chiefly Southern; but the article
+on the same subject in the Treaty of Peace in 1782 and 1783, was intended
+as much to protect the slaveholders of New York as those of Virginia. It
+was distinctly agreed that the British should not carry away "any negroes
+or other property."[46] The failure to abide by this agreement led to
+reclamation by the American government, but no indemnity was ever
+secured.[47]
+
+
+[Sidenote: English Law. Northwest Ordinance.]
+
+=Sec. 14. Ordinance for the Northwest Territory.=--Since all the thirteen
+colonies recognized slavery, the Revolution made no difference in any
+previous intercolonial practice as to the delivery of slaves; in framing
+the Articles of Confederation no clause on the subject was thought
+necessary. The precedent of the New England Confederation was forgotten
+or ignored. But the action of the States of Vermont, Pennsylvania,
+Massachusetts, Connecticut, and Rhode Island, in taking steps toward
+immediate or gradual emancipation, from 1777 to 1784, brought up a new
+question,--the status of fugitives in free regions. Before the change of
+conditions in the States was completely understood, the same question had
+arisen in the Western territories. Jefferson, in 1784, proposed to draw a
+north and south line through the mouth of the Kanawha, west of which
+there should be no slavery after 1800.[48] The next year a Northern man
+proposed a similar limitation in the territory north of the Ohio, and
+added a clause for the return of fugitive slaves to the original slave
+States.[49] Neither of these two propositions was carried, but the
+principles both of exclusion of slavery and of the return of fugitives
+appear in the Northwest Ordinance of 1787, the first legislation by
+Congress looking toward the surrender of fugitives by any Territory or
+State. In providing a government for the new Territory, it was enacted,
+July 13, 1787, 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 as aforesaid."[50] The fugitive clause seems
+to have provoked no discussion, but to have been accepted as a reasonable
+condition of the limitation of slavery.
+
+
+[Sidenote: Fugitive Question in Constitutional Conventions.]
+
+=Sec. 15. The Fugitive question in the Constitutional Conventions.=--While
+the Northwest Ordinance was passing through Congress, the Philadelphia
+Convention was framing a new Constitution, and the return of fugitives
+was again eagerly insisted upon by the slave States. The necessity of
+some positive stipulation that fugitives should be returned was felt to
+be even more necessary in a Constitution meant permanently to bind
+together a free and a slaveholding section. The only debate of which we
+have a record occurred August 28, 1787. Mr. Butler of North Carolina
+pressed the point in behalf of the Southern States. To his first
+proposition, "that fugitive slaves and servants be delivered up like
+criminals,"[51] Mr. Wilson objected; he saw no reason for obliging the
+state to arrest fugitives at public expense, while Mr. Sherman saw no
+more propriety in the public seizing and surrendering a slave or servant
+than a horse.[52] Mr. Butler therefore withdrew the proposition. He soon
+introduced a more particular provision, which was accepted and inserted
+in the Constitution, as follows:--
+
+ "NO PERSON HELD TO SERVICE OR LABOUR 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 LABOUR, BUT
+ SHALL BE DELIVERED UP ON CLAIM OF THE PARTY TO WHOM SUCH SERVICE OR
+ LABOUR MAY BE DUE."[53]
+
+In the various Constitutional Conventions, there was little discussion
+upon the matter. The Southern States in general considered the clause
+sufficient to protect their property. General Charles C. Pinckney, in
+South Carolina, said: "We have obtained the right to recover our slaves
+in whatever part of America they may take refuge, which is a right we
+have not had before. In short, considering all circumstances, we have
+made the best terms for the security of this species of property it was
+in our power to make. We would have made better if we could, but on the
+whole I do not think them bad."[54] In North Carolina, Mr. Iredell
+explained to the Convention that the Northern delegates, owing to their
+peculiar scruples on the subject of slavery, did not choose the word
+"slave" to be mentioned; but since the present laws were so prejudicial
+to the inhabitants of the Southern States, some such clause was
+necessary.[55] In Virginia, Mr. Grayson discussed the provision giving
+Congress exclusive legislation over ten square miles surrounding the
+capital. It seemed to him that, unless the ten miles square be considered
+a State, "persons bound to labor who shall escape thereto will not be
+given up. For they are only to be delivered up after they shall have
+escaped into a State."[56] This objection, though perfectly good at the
+time, was later overcome by the adoption by Congress of the laws of
+Maryland for the regulation of the District of Columbia, whereby it was
+made slave territory. Mr. Mason did not think the clause provided
+sufficiently for the protection of their slaves,[57] but Mr. Madison
+urged its adoption, as a better security than anything they then had.[58]
+
+In the North, there was apparently no discussion upon this article.
+Everywhere, however, it was thought that without such a clause the
+Southern States would not consent to the Union, and, in a spirit of
+compromise, the provision was accepted.
+
+
+[Footnote 1: Hurd, Law of Freedom and Bondage, I. 295.]
+
+[Footnote 2: Nation, April 18, 1889.]
+
+[Footnote 3: Appendix A, No. 1.]
+
+[Footnote 4: N. Y. Colonial Manuscripts, XIII. 211.]
+
+[Footnote 5: Appendix A, No. 45.]
+
+[Footnote 6: Hurd, Law of Freedom and Bondage, I. 295.]
+
+[Footnote 7: The texts will be found post, Appendix A.]
+
+[Footnote 8: Appendix A, No. 6.]
+
+[Footnote 9: Appendix A, No. 23.]
+
+[Footnote 10: Appendix A, No. 20.]
+
+[Footnote 11: Iredell, 90; Appendix A, No. 73.]
+
+[Footnote 12: Maryland Archives, II. 224.]
+
+[Footnote 13: Appendix A, No. 2.]
+
+[Footnote 14: Appendix A, No. 53.]
+
+[Footnote 15: Appendix A, No. 57; Appendix D, No. 6.]
+
+[Footnote 16: Boston Gazette, Jan. 1, 1770.]
+
+[Footnote 17: Boston Gazette, Oct. 2, 1750; G. W. Williams, History of
+the Negro Race in America, I. 330.]
+
+[Footnote 18: Liberator, March 16, 1860.]
+
+[Footnote 19: W. C. Nell's Address at the Nineteenth Anniversary of
+Boston Massacre.]
+
+[Footnote 20: Moore, Slavery in Massachusetts, 117.]
+
+[Footnote 21: Appendix A, No 3; Appendix D, No. 10.]
+
+[Footnote 22: See _ante_, Sec. 2.]
+
+[Footnote 23: N. Y. Colonial Manuscripts, XIII. 238; Letter from Jacob
+Aldrich to Director Stuyvesant of New Netherlands, New Amstel, 14 May,
+1659; Documentary History of N. Y. Colony, II. 556; Appendix D, No. 2.]
+
+[Footnote 24: Appendix A, No. 8, Gilman, History of the American People,
+605.]
+
+[Footnote 25: N. Y. Colonial Manuscripts, I. 342; Doyle, English in
+America, I. 391.]
+
+[Footnote 26: Maryland Archives, II. 523.]
+
+[Footnote 27: Appendix A, No. 37.]
+
+[Footnote 28: Acts and Laws of Connecticut, 229.]
+
+[Footnote 29: N. Y. Colonial Manuscripts, V. 637; Appendix D, No. 4.]
+
+[Footnote 30: N. Y. Colonial Manuscripts, V. 793.]
+
+[Footnote 31: Appendix A, Nos. 50, 59.]
+
+[Footnote 32: Giddings, Exiles of Florida, 281; Wilson, Rise and Fall of
+the Slave Power in America, I. 122.]
+
+[Footnote 33: _Ante_, Sec. 8.]
+
+[Footnote 34: Letter from William Beekman to Director Stuyvesant, in N.
+Y. Colonial Manuscripts, XIII. 346; Appendix D, No. 3.]
+
+[Footnote 35: N. Y. Colonial Manuscripts, XIII. 346.]
+
+[Footnote 36: Moore, Notes on the History of Slavery in Massachusetts,
+28; Doyle, English in America, I. 391; compare Appendix A, No. 14.]
+
+[Footnote 37: John Winthrop, History of New England from 1630 to 1649,
+p. 383; Appendix D, No. 1.]
+
+[Footnote 38: Archives of Maryland, Proceedings of Council, 1636-1667,
+pp. 134, 135.]
+
+[Footnote 39: Archives of Maryland, Proceedings of Council, III. 472.]
+
+[Footnote 40: Letter from M. de la Jonquiere to M. de Rouille, in N. Y.
+Colonial Manuscripts, X. 209; Appendix D, No. 5.]
+
+[Footnote 41: Massachusetts Historical Society Collections, Third
+Series, IX. 2; Appendix D, No. 7.]
+
+[Footnote 42: J. Quincy, Reports of Cases, 96; Appendix D, No. 8.]
+
+[Footnote 43: Moore, Slavery in Massachusetts, 117; T. R. Cobb,
+Historical Sketch of Slavery, 2, Law of Negro Slavery, 164;
+Massachusetts Historical Society Collections, Third Series, IX. 2;
+Josiah Quincy, Reports of Cases, 96; Hurd, Law of Freedom and Bondage,
+II.]
+
+[Footnote 44: Appendix B, No. 1.]
+
+[Footnote 45: Appendix B, Nos. 3, 5.]
+
+[Footnote 46: Appendix B, No. 2.]
+
+[Footnote 47: Post, Sec. 22.]
+
+[Footnote 48: Randall, Jefferson, I. 397-400; Winsor, VII. 528; Journals
+of Congress, IX. 153-156.]
+
+[Footnote 49: Appendix B, No. 4; Journals of Congress, X. 79; Bancroft,
+History of the U. S. (last rev.), VI. 132-134; Bancroft, Constitution,
+I. 178-180; Hildreth, III. 458.]
+
+[Footnote 50: Appendix B, No. 6. On the Northwest Ordinance in general,
+see Winsor, VII. 538; J. H. Merriam, Legislative History of the
+Ordinance of 1787 (Worcester, 1888); Lalor's Cyclopaedia, III. 30-34.]
+
+[Footnote 51: Elliot's Debates, V. 487.]
+
+[Footnote 52: Ibid., V. 487.]
+
+[Footnote 53: Appendix B, No. 7.]
+
+[Footnote 54: Elliot's Debates, III. 277.]
+
+[Footnote 55: Ibid., III. 182.]
+
+[Footnote 56: Ibid., III. 401.]
+
+[Footnote 57: Ibid., III. 428.]
+
+[Footnote 58: Ibid., III. 335.]
+
+
+
+
+CHAPTER II.
+
+_LEGISLATION FROM 1789 TO 1850._
+
+ Sec. 16. Effect of the fugitive slave clause in the Constitution.
+ Sec. 17. The first Fugitive Slave Act (1793).
+ Sec. 18. Discussion of the first act.
+ Sec. 19. Propositions of 1797 and 1802.
+ Sec. 20. Propositions from 1817 to 1822.
+ Sec. 21. Period of the Missouri Compromise (1819-1822).
+ Sec. 22. Status of the question from 1823 to 1847.
+ Sec. 23. Canada and Mexico places of refuge.
+ Sec. 24. Status of fugitives on the high seas.
+ Sec. 25. Kidnapping from 1793 to 1850: Prigg case.
+ Sec. 26. Necessity of more stringent fugitive slave provisions.
+ Sec. 27. Action of Congress from 1847 to 1850.
+ Sec. 28. Slavery in the District of Columbia.
+ Sec. 29. The second Fugitive Slave Act (1850).
+ Sec. 30. Provisions of the second Fugitive Slave Act.
+ Sec. 31. Arguments for the bill.
+ Sec. 32. Arguments against the bill.
+
+
+=Sec. 16. Effect of the fugitive slave clause in the Constitution.=--By
+obtaining in the Constitution the insertion of a clause requiring the
+return of fugitives, a great step for the advancement of the interests of
+slavery had been taken. For this embodiment in the Constitution ever
+afterward formed a basis for the slaveholder's argument that the
+Constitution recognized and defended slavery, and was a justification to
+Northern men in their support of the later fugitive slave laws.
+
+Although the clause did not in terms apply to the Territories, the
+Ordinance of 1787 was, on August 7, 1789, confirmed in terms which by
+implication continued the sixth article, including the rendition of
+slaves;[59] and in the earliest treaties made by the United States with
+Indian tribes, under the new Constitution, the return of negroes was
+expressly required.[60]
+
+
+[Sidenote: The First Fugitive Slave Act.]
+
+=Sec. 17. The first Fugitive Slave Act (1793).=--For some time, however, the
+provision of the Constitution remained unexecuted; and it is a striking
+fact that the call for legislation came not from the South, but from a
+free State; and that it was provoked, not by fugitive slaves, but by
+kidnappers. The case seemed to suggest that an act of Congress was
+necessary, more definite in conditions and detail than the provision of
+the Constitution.
+
+A free negro named John was seized at Washington, Pennsylvania, in 1791,
+and taken to Virginia. The Governor of Pennsylvania, at the instigation
+of the Society for the Abolition of Slavery, asked the return of the
+three kidnappers; but the Governor of Virginia replied that, since there
+was no national law touching such a case, he could not carry out the
+request.[61]
+
+On the matter being brought to the notice of Congress by the Governor of
+Pennsylvania,[62] a Committee, consisting of Mr. Sedgwick, Mr. Bourne of
+Massachusetts, and Mr. White, was appointed in the House of
+Representatives to bring in a bill or bills "providing the means by which
+persons charged in any State with treason, felony, or other crime, who
+shall flee from justice, shall, on the demand of the executive authority
+of the State from which they fled, be delivered up, to be removed to the
+State having jurisdiction of the crime; also providing the mode by which
+a person held to service or labor in one State under the laws thereof,
+escaping into another, shall be delivered up on the claim of the party to
+whom such service or labor may be due."[63]
+
+A bill prepared by the House committee, of which Mr. Sedgwick was
+chairman, was reported, November 15, 1791;[64] but for some reason which
+does not appear, it was dropped, and a Senate committee, of which Calvert
+was chairman, was appointed, March 30, 1792, "to consider the expediency
+[of] a bill respecting fugitives from justice and from the service of
+their masters."[65] Nothing was done during this session, and, November
+22, 1792, a second Senate committee was appointed, consisting of
+Johnston, Calvert, and Read,[66] and they submitted a bill, December 20,
+1792.[67] Unfortunately, we have no details of the debate; but on
+December 28, a third Senate committee was appointed by adding Taylor and
+Sherman to the committee of November 22, and to them the bill was
+recommitted with instructions to amend.[68] At last, January 3, 1793, the
+bill was reported in a form not unlike that finally agreed upon.[69] Of
+the amendments offered, the text of only one is preserved in the
+Journals; it was for the insertion of a less sum than five hundred
+dollars as the penalty for harboring a fugitive, or resisting his
+arrest.[70] It was not adopted. After two debates, of which we have no
+record, the bill passed the Senate, January 18.[71] In the House it seems
+to have elicited little discussion, and it passed, February 5, by a vote
+of 48 to 7.[72] The bill became law by the signature of the President,
+February 12, 1793.[73]
+
+In thus uniting with the clause providing for the extradition of
+fugitives from justice one requiring the return of fugitive slaves,
+Congress was but following examples set in 1643 by the Articles of
+Confederation,[74] and again in 1787 by the Constitution.[75] From the
+scanty records, it is possible to discern only that there was serious
+difference of opinion in the Senate, and that the measure finally adopted
+was probably a compromise. In the one amendment stated, there is a faint
+protest against the harshness of the law.[76]
+
+
+=Sec. 18. Discussion of the first act.=--The provisions of the act of 1793
+are quoted elsewhere;[77] their purport was as follows. The act provided
+at the same time for the recovery of fugitives from justice and from
+labor; but the alleged criminal was to have a protection through the
+requirement of a requisition, a protection denied to the man on trial for
+his liberty only. The act was applicable to fugitive apprentices as well
+as to slaves, a provision of some importance at the time. In the
+Northwest Territory there were so-called negro apprentices, who were
+virtually slaves, and to whom the law applied, since it was in terms
+extended to all the Territories. Proceedings began with the forcible
+seizure of the alleged fugitive.
+
+The act, it will be observed, does not admit a trial by jury. It allowed
+the owner of the slave, his agent or attorney, to seize the fugitive and
+take him before any judge of a United States Circuit or District Court,
+or any local magistrate.[78] The only requirement for the conviction of
+the slave was the testimony of his master, or the affidavit of some
+magistrate in the State from which he came, certifying that such a person
+had escaped. Hindering arrest or harboring a slave was punishable by a
+fine of five hundred dollars. The law thus established a system allowing
+the greatest harshness to the slave and every favor to the master. Even
+at that time, when persons might still be born slaves in New York and New
+Jersey, and gradual emancipation had not yet taken full effect in Rhode
+Island and Connecticut, it was repellent to the popular sense of justice;
+there were two cases of resistance to the principle of the act before the
+close of 1793.[79]
+
+
+[Sidenote: Propositions of 1797 and 1802.]
+
+=Sec. 19. Propositions of 1797 and 1802.=--Until 1850 no further law upon
+this subject was passed, but as the provisions of 1793 were found
+ineffectual, many attempts at amendment were made. In 1796 a troublesome
+question arose out of the seizure, under the act of 1793, of four negroes
+who had been manumitted in North Carolina. A retroactive act of that
+State had declared them slaves again, and they had fled to Philadelphia
+where they were arrested. January 30, 1797, they petitioned Congress for
+relief, and after an exciting debate the House by a vote of 50 to 33
+refused to receive the petition.[80] There is nothing in the scanty
+records which connects this case or petition with an attempt to amend the
+act; but it is altogether likely that it occasioned Murray's motion of
+December 29, 1796, for a committee to report on alterations of the
+law;[81] and that it led to the almost simultaneous appointment of a
+House committee on January 2,[82] and a Senate committee on January
+3.[83] No report is recorded.
+
+The coming on of difficulties with France, and the Alien and Sedition
+Acts of 1798, absorbed the popular attention. In 1800 debates on the
+slave trade and on the reception of petitions from free negroes began.
+January 22, 1801, a House committee was appointed to report a bill
+increasing the stringency of the act.[84] The bill was reported, but
+failed to be considered.[85] In the next Congress the matter was at last
+brought to an issue. A committee, of which Nicholson of Maryland was
+chairman, was appointed, December 11, 1801,[86] and reported only seven
+days later. The report was made a special order for December 21.[87] On
+that day no debate is recorded, but a petition from a free colored
+soldier of the Revolution was contemptuously denied reception.[88]
+January 14 and 15, the bill was debated freely, and from the debate and
+sundry amendments the character of the bill may be inferred. Not only
+harboring, but employing a fugitive, was made punishable; and it was
+ordained that every black employed must be furnished with an official
+certificate, and that every person who employed a negro must publish a
+description of him. Southern members "considered it a great injury to the
+owners of that species of property, that runaways were employed in the
+Middle and Northern States, and even assisted in procuring a living. They
+stated that, when slaves ran away and were not recovered, it excited
+discontent among the rest. When they were caught and brought home, they
+informed their comrades how well they were received and assisted, which
+excited a disposition in others to attempt escaping, and obliged their
+masters to use greater severity than they otherwise would. It was, they
+said, even on the score of humanity, good policy in those opposed to
+slavery to agree to this law."[89] This appeal to the humanity of the
+North failed to produce the requisite effect. On the test vote, January
+18, 1802, every Southern member except two voted for the bill, every
+Northern member except five against it; the vote was 43 to 46, and the
+bill was laid aside.[90]
+
+
+[Sidenote: Propositions from 1817 to 1822.]
+
+=Sec. 20. Propositions from 1817 to 1822.=--For many years the question of
+amendment of the law does not appear to have come up in Congress. The
+abolition of the slave trade seems to have absorbed the attention of
+Congress. Several treaties were negotiated including clauses on the
+return of fugitives.[91] The question was brought up again in 1817 by
+Pindall of Virginia, who for several years urged a revision of the act. A
+committee of which he was chairman was appointed, December 15, 1817, and
+reported a bill, December 29, 1817.[92] This third proposition of general
+amendment led to a debate, January 26 and 29, 1818, in which for the
+first time we have a record of discussion on the principles of the act
+and its relations to human freedom. The opposition was based not only on
+constitutional, but on humanitarian grounds.[93] A petition of the
+Pennsylvania Abolition Society, asking for a milder law than that of
+1793, added fuel to the discussion.[94]
+
+The principle of the bill was that the fugitives should be surrendered by
+a requisition on the State Executive, as in the case of fugitives from
+justice: the question of proof was thus left to the courts of the State
+of the claimant, and there was to be no habeas corpus. The strongest
+expression of disapproval is found in the speech of Mr. Adams of
+Massachusetts, who said, "that, in guaranteeing the possession of slaves,
+the Constitution did not authorize or require the General Government to
+go as far as the bill proposed to render this bill effectual; that the
+bill contained provisions dangerous to the liberty and safety of the free
+people of color in other sections of the Union."[95] Mr. Rich of Vermont
+desired "that it might be so amended as to guard more effectually the
+rights of free persons of color. This motion he enforced by urging the
+oppressions to which these persons were now subjected, and the necessity
+of some regulation on the subject, which he thought might be very
+properly connected with this bill."[96] Mr. Livermore also showed that it
+exposed the colored men of the North to the peril of being dragged South,
+and there convicted.[97]
+
+All these objections, however, were considered of little value by some
+who, like Smith of Maryland, thought that the subject of the free colored
+population and their protection should be treated separately, while Mr.
+Holmes of Massachusetts suggested that the operation of the writ of
+habeas corpus would render such acts of injustice improbable.[98] Mason,
+of the same State, objected to a trial by jury, which had been suggested,
+because "juries in Massachusetts would in ninety-nine cases out of one
+hundred decide in favor of the fugitives, and he did not wish his town
+[Boston] infected with the runaways of the South."[99]
+
+Upon two constitutional points the opponents of the bill made a stand.
+Mr. Sergeant wished to change the bill materially, by making "the judges
+of the State in which ... slaves are seized the tribunal to decide the
+fact of slavery, instead of the judges of the State whence the fugitives
+escaped," but this was negatived by a large majority.[100]
+
+Another objection to the bill, raised by Mr. Whitman, is noteworthy,
+since some years later it was the point made most prominent in Judge
+Story's decision in the Prigg Case.[101] Mr. Whitman disapproved of the
+provision making it a penal offence for a State officer to refuse his
+assistance in executing the act. He did not believe that Congress had any
+right to compel State officers to perform this duty; they could do no
+more than authorize it.[102]
+
+A vote was taken, January 30, 1818, in the House, and the bill passed by
+a vote of 84 to 69.[103] It was ordered that the title be "An Act to
+provide for delivering up persons held to labor or service in any of the
+States or Territories who shall escape into any other State or
+Territory."
+
+For the first time since 1793, amendment of the act seemed within reach.
+The Senate showed itself in other questions more inclined than the House
+to consider the claims of the South; but although Dagget's amendment to
+strike out the elaborate provision for the return of fugitives by
+executive requisition was not adopted,[104] the Senate first voted to
+limit the bill to four years,[105] and then added other amendments. The
+result was a non-concurrence with the House, and the failure of the
+bill,[106] March 13-16, 1818. A last attempt to take the bill up failed,
+April 10, 1818.[107]
+
+
+[Sidenote: Period of the Missouri Compromise.]
+
+=Sec. 21. Period of the Missouri Compromise (1819-1822).=--The loss of the
+bill of 1818 seems not to have discouraged the friends of amendment of
+the act of 1793. December 17, 1818, a resolution of the Maryland
+legislature was laid before the House, calling for protection against the
+citizens of Pennsylvania who harbored or protected fugitives.[108] A
+committee was appointed, January 15, 1819, which promptly reported next
+day, but the bill was not considered.[109]
+
+The question of fugitives came incidentally into the great debate of the
+next session on the admission of Missouri. The region which sought
+admission as a slave State was flanked on the east by free territory, and
+was therefore peculiarly difficult to protect. A compromise, which made
+Missouri a slave State, prohibited slavery in all other territory gained
+from France north of 36 deg. 30'.[110] In the prohibitory clause, however, it
+was 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 reclaimed, and conveyed to the person
+claiming his or her labor or service as aforesaid."[111] During the
+immigration into Missouri which now began, large numbers of slaveholders
+took their slaves with them, and on the passage opportunities for escape
+were often found. In one instance, at least, recorded in Ohio, the public
+sympathy was so strongly with the fugitives that they were successfully
+protected from their masters even in court.[112]
+
+Hardly was the ink dry on the President's signature of the Missouri
+Compromise (March 15, 1820) before propositions were made in both the
+House and Senate for new general fugitive slave acts. March 18, a House
+committee was appointed,[113] but no report is recorded. April 3, an
+inquiry was set on foot into the provisions of a Pennsylvania act
+hindering the operation of the act of 1793,[114] and the Secretary of
+State submitted a copy of the obnoxious act, April 18. On the day of the
+Secretary's report a proposition in the Senate to instruct the Judiciary
+Committee to report a bill was voted down.[115] Positive evidence cannot
+be obtained, but it would seem that a continued effort was made to take
+advantage of the agitation on the slavery question to secure a new
+fugitive slave act, as was done in 1850.
+
+One more attempt was made in 1821-22. Mr. Wright presented, December 17,
+1821, a resolution of the Maryland General Assembly praying for relief
+against the abettors of the fugitives in Pennsylvania.[116] He desired a
+special committee, but the question was referred to the Committee on the
+Judiciary, which reported a bill, January 14, 1822.[117] March 27 to
+April 1, it was debated, but finally tabled.[118] The character of the
+bill does not distinctly appear in the records.
+
+
+=Sec. 22. Status of the question from 1823 to 1847.=--Although no amendment
+could be procured to the act of 1793, the government of the United States
+had repeatedly, by diplomatic demands and treaties, undertaken to recover
+fugitives, or their value, for Southern owners. The first Indian treaty
+negotiated under the Constitution, that of April 7, 1790, with the
+Creeks, required the return of negroes held as prisoners of war.[119] A
+similar clause appeared in the treaty made in 1814, at the end of the war
+with the Creeks, a war which had been provoked in part by their ready
+reception of fugitives.[120] In 1832 the government went so far as to
+promise to expend seven thousand dollars in paying for "slaves and other
+property alleged to have been stolen" by the Seminoles.[121]
+
+With Great Britain, also, the encouragement of fugitives became a subject
+for negotiation. Much bitterness had been felt at the carrying away by
+the British, in 1783, of slaves who had taken refuge with them.[122] In
+the treaty of Ghent, therefore, a strict clause forbade the carrying away
+by the British of "any slaves or other private property."[123] A large
+number of slaves had, during the war, been received on board British
+vessels, and the humane but specious plea was set up by the British
+government that the clause applied only to slaves received after the date
+of the peace. A convention of 1818 submitted the question to the Emperor
+of Russia, who in 1822 made a decision not wholly favorable to either
+party; and in 1826,[124] by a second convention, Great Britain agreed to
+pay $1,204,960. This last award was obtained by a Pennsylvanian,
+Gallatin, acting under the direction of President John Quincy Adams, a
+citizen of Massachusetts.
+
+
+[Sidenote: Canada and Mexico Places of Refuge.]
+
+=Sec. 23. Canada and Mexico places of refuge.=--The existence on the
+northern and southwestern frontiers of regions in which slavery was
+practically, if not yet legally, extinct, brought about another set of
+complications. January 24, 1821, a resolution was presented in Congress
+from the General Assembly of Kentucky, protesting against the kindly
+reception of fugitives in Canada, and asking for negotiation with Great
+Britain on the subject.[125] In 1826, Mr. Clay, Secretary of State,
+instructed Mr. Gallatin, United States Minister at the Court of St.
+James, to propose the "mutual surrender of all persons held to service or
+labor under the laws of either country who escape into the territory of
+the other." The British government replied that any such agreement was
+impossible, and, though a second attempt was made by the United States,
+it was without success.[126]
+
+In 1841 Mr. Woodbridge submitted a resolution to the Senate requesting
+the Committee on Foreign Relations to consider the expediency of entering
+into an arrangement with Great Britain for the arrest of fugitive slaves
+charged with crime who might escape over the northern boundary of the
+United States.[127] No action was taken upon the resolution.
+
+The North, however, was not the only region to which slaves were fleeing
+at this time. Complaint was heard after 1830, that the "freedom and
+equality granted blacks by the Mexican Constitution and law of 1829, was
+attracting large numbers of slaves from Louisiana,"[128] while in Florida
+the Seminole trouble was not yet ended.
+
+The last case of this kind occurred just at the outbreak of the Civil
+War. A slave by the name of Anderson was found one day by Mr. Seneca T.
+P. Diggs, wandering about his plantation in Howard County, Missouri,
+without a pass. Mr. Diggs thereupon arrested him as a fugitive slave. In
+the struggle which followed, the desperate runaway plunged a knife into
+Mr. Diggs's heart. His captor dead, Anderson hastened on to Canada.[129]
+There he lived a quiet and industrious life until 1860, when the American
+government called upon Canada, under the extradition treaty, to give up
+Anderson for punishment. He was arrested, but applied to the Toronto
+court for a writ of habeas corpus, which was refused. An appeal was
+immediately made to the Queen's Bench, England, which granted the
+writ.[130] In the trial Anderson was defended by Mr. Gerrit Smith in an
+eloquent speech, which made a great impression, and was circulated all
+over the United States.[131] The prisoner was discharged on a technical
+point.[132]
+
+
+=Sec. 24. Status of fugitives on the high seas.=--When in 1830 gradual
+emancipation began in the British colonies, and in 1837 slavery ceased to
+exist there, a new set of complications arose. American vessels carrying
+slaves from one part of the United States to another were repeatedly
+driven or conveyed into British ports, and the slaves were there treated
+as ordinary fugitives, that is, as free men. Thus the Comet in 1830,[133]
+and the Encomium in 1834,[134] were cast away on the Bahamas, and the
+slaves on board could not be recovered. In 1835 the Enterprise was forced
+by stress of weather to enter a port of the Bermudas,[135] and the
+officers were not permitted by the British authorities to restrain the
+persons on board.
+
+In none of these three cases were the negroes restored; but in 1840 the
+British government paid an indemnity for the first two cargoes, on the
+ground that at the time of the wrecks slavery had not yet been completely
+extinguished in the colonies.[136] No indemnity was allowed in the
+Enterprise case, and the British government declared that it could assume
+no responsibility in cases arising since the abolition of slavery.[137]
+Elaborate resolutions introduced by Calhoun, March 4, 1840, and passed,
+April 15, by a unanimous vote of the Senate, condemned the British
+principle.[138] But when, in the next year, the slaves on board the
+American ship Creole rose and by force carried her into Nassau,[139] the
+British government refused to return them either as slaves or as
+murderers.[140] Webster, as Secretary of State, strenuously urged the
+surrender. In 1853, an arbitrator decided that an indemnity must be paid
+to the American government.[141] On the other hand, when, in 1839, a
+Spanish vessel, L'Amistad, in which the slaves on board had revolted and
+killed their master, was brought into an American port, the Supreme Court
+refused to permit their surrender, on the ground that they were free by
+Spanish law, and therefore could not be tried for murder.[142]
+
+
+[Sidenote: Kidnapping from 1793-1850. Prigg Case.]
+
+=Sec. 25. Kidnapping from 1793 to 1850: Prigg case.=--Since slavery was now
+extinct in the more northern States, their population contained many free
+negroes. Upon them the eyes of the slave trader were often turned, as
+easy prey under the law of 1793, and many cases of kidnapping occurred.
+It was such instances, involving as they did the most manifest injustice
+and cruelty, that first aroused the sympathies of the people.[143] The
+border States like Pennsylvania were often the scene of these acts. The
+neighboring white families first began to try to protect the negroes
+settled near them, and a little later to give a helping hand to those
+escaping from slavery, and at last, in the underground railroad,[144] to
+complete a systematic organization for the assistance of fugitives. Cases
+of kidnapping are recorded as early as 1808.[145] In 1832 the carrying
+away of a black woman without process of law not only roused the people
+of Pennsylvania, but led to a decision which took away much of the force
+of the act of 1793.
+
+A slave woman, Margaret Morgan, had fled from Maryland to Pennsylvania.
+Five years later, in 1837, Edward Prigg, an attorney, caused her to be
+arrested and sent back to her mistress without recourse either to the
+national or State act on the subject. In the act he disregarded a law of
+Pennsylvania, brought about in 1826 through the efforts of the Society
+for the Abolition of Slavery, which forbade the carrying out of the State
+of any negro with the intention of enslaving him. Accordingly, Mr. Prigg
+was arrested and convicted in the county court. The Supreme Court of
+Pennsylvania sustained the decision. Thence the case was taken to the
+Supreme Court of the United States. There the counsel for Mr. Prigg
+argued that the statute of Pennsylvania on which the indictment was
+founded was unconstitutional, since it conflicted with the law of 1793.
+Justice Story delivered the opinion of the court, and upon this decision
+all future judgments were based. He announced that the law must be
+carried out through national authorities alone; the States or State
+magistrates could not be forced into action.[146] After this, many
+States, seeing the advantage thus given them, passed laws which forbade
+the officers to aid in a fugitive slave case, and also denied the use of
+their jails for imprisonment.[147] Plainly the Prigg case showed a
+growing indisposition on the part of the States to carry out the law,
+however severe its provisions might be; and this disposition to evade its
+obligations is still further evidenced by the cases given in the next
+chapter.
+
+
+=Sec. 26. Necessity of more stringent fugitive slave provisions.=--The
+increasing number of rescues,[148] and the occurrence of several cases of
+resistance, proved conclusively the inadequacy of the law of 1793. After
+the Prigg decision the provisions made for its execution through national
+powers were entirely insufficient. Underlying all these acts, the South
+also could but perceive a sentiment the growth of which, unless checked
+in some way, would at last permanently injure, if not destroy, their
+peculiar institution.
+
+
+=Sec. 27. Action of Congress from 1847 to 1850.=--From 1822 until 1848
+apparently no effort was made to secure a new law. Then a petition
+received in 1847 from the Legislature of Kentucky, urging the importance
+of passing such laws as would enable the citizens of slaveholding States
+to recover their slaves when they escaped into non-slaveholding
+States,[149] gave rise to a bill from the Committee on the
+Judiciary.[150] The bill provided "for the more effectual execution of
+the third clause of the second section of the Fourth Article of the
+Constitution."[151] It passed only to the second reading. In 1849, Mr.
+Meade proposed in the House to instruct the Committee on the Judiciary to
+report a fugitive slave bill.[152] No report apparently was ever made,
+but this was the last ineffectual proposition. In 1850, a new law was
+successfully carried in both Houses.
+
+
+=Sec. 28. Slavery in the District of Columbia.=--During this period, from
+1840 to 1850, the subject of slavery and fugitives in the District of
+Columbia began to occasion debate, which was never long silenced. It was
+notorious that almost under the windows of the Capitol negroes were
+confined in public jails on the ground that they were fugitives; and that
+a free negro so confined might be sold for his jail fees. Resolutions for
+an investigation of the condition of the jails were offered in 1848 by
+Mr. Giddings;[153] and Mr. Hall also introduced more sweeping
+propositions to repeal all laws of Congress and of Maryland which
+authorized or required courts, officers, or magistrates to issue process
+for arrest or commitment to the jail of the District of any fugitive
+slave.[154] Congress, however, was in a mood too conciliatory toward the
+South to consider these propositions; and no action was taken.
+
+
+[Sidenote: The Second Fugitive Slave Act.]
+
+=Sec. 29. The second Fugitive Slave Act (1850).=--In the early part of the
+first session of the Thirty-first Congress, Mr. Mason of Virginia
+introduced a bill to make the provisions of the fugitive slave act more
+severe,[155] and the bill was reported from the Committee on the
+Judiciary, January 16, 1850. Two additional amendments were soon offered
+by Mr. Mason. The first imposed a fine of one thousand dollars and
+imprisonment for twelve months upon any one who should obstruct the
+execution of the law. The second provided that the testimony of a
+fugitive should not be admitted. Mr. Seward, in opposition, proposed on
+the 28th to allow a fugitive the right of trial by jury, with a fine of
+five thousand dollars and the forfeiture of office should the right be
+disallowed by any judge or marshal.[156]
+
+Mr. Clay's "Omnibus Bill," by which he intended to settle the territorial
+question then before Congress, and at the same time to check the
+antislavery movement, contained a fugitive slave clause, though not so
+severe in its provisions as Mr. Mason's.[157] This bill, however, was not
+debated as a whole, but each proposition considered separately, and thus
+Mr. Mason's bill became the basis of the fugitive slave provision in the
+Compromise of 1850.
+
+The measure was considered, and various amendments were offered, until
+August 26, 1850, when it was passed by the Senate, and a few days later
+by the House;[158] the signature of President Fillmore was readily
+appended, and it became law, September 18, 1850.[159]
+
+
+=Sec. 30. Provisions of the second Fugitive Slave Act.=--Every provision of
+the act was arranged for the protection and benefit of the slaveholders.
+It was based upon the law of 1793, but a number of new regulations were
+added.[160] Commissioners were to be chosen by the Circuit Courts of the
+United States and the Superior Courts of the Territories, to act with the
+judges of those courts in fugitive slave cases. Such commissioners could
+be fined one thousand dollars for refusing to issue a writ, and were
+liable for the value of any slave escaping from them. The testimony
+required for rendition was the official declaration of the fact of the
+escape of a slave by two witnesses, and the establishment of his identity
+by oath. The testimony of the accused could not be admitted. The right of
+trial by jury was not affirmed, and was therefore practically denied. A
+sheriff might call upon any bystander for help in executing the law, and
+the penalty for harboring or aiding in a rescue was increased from five
+hundred dollars, as in 1793, to one thousand dollars, and imprisonment
+for not more than six months. Should the slave escape, damages to the
+same amount were to be paid to the claimant. If a mob were feared,
+military force might be employed; and by a discrimination little likely
+to win respect for the act, the fee of the commissioner was to be
+increased from five to ten dollars whenever the case was decided in favor
+of the claimant.
+
+
+[Sidenote: Arguments for the Bill.]
+
+=Sec. 31. Arguments for the bill.=--The debate on the Fugitive Slave Bill
+more than any other part of the Compromise illustrates the character of
+the slavery conflict. Most of the Southern members urged the immediate
+necessity of a new law, but some of the more ardent considered the evil
+to be one which could be reached only through a change in public
+sentiment, and they thought all legislation valueless.[161] Mr. Mason
+thus presented the evils with which the law must cope. He stated that the
+border States had found it an impossibility to reclaim a fugitive when he
+once got within the boundaries of a non-slaveholding State; "and this
+bill, or rather the amendments, ... have been framed with a great deal of
+consideration, to reach, if practicable, the evils which this experience
+has demonstrated to exist, and to furnish the appropriate remedy in
+enabling the owner of a fugitive to reclaim him." Under the existing
+laws, "you may as well go down into the sea and endeavor to recover from
+his native element a fish which has escaped from you, as expect to
+recover such a fugitive. Every difficulty is thrown in your way by the
+population.... There are armed mobs, rescues. This is the real state of
+things."[162]
+
+Not only were the laws thus set aside by individuals, but also through
+the Underground Railroad an organized system of depredation was carried
+on, whereby thousands of dollars were every year lost to the
+slaveholder.[163] As an illustration of the extent to which this
+disregard of law was carried, Mr. Yulee, one of the most extreme of the
+Southern men, instanced a convention which was then in session in New
+York "for the very purpose, openly avowed, of congratulation upon their
+successful violation of the Constitution in respect to fugitives, and to
+devise ways and means to encourage the escape of slaves."[164]
+
+Such, according to the Southern Congressmen, was the condition of
+affairs. They then proceeded to contrast it with the situation as
+contemplated by the Constitution, and supported by the decision of the
+Supreme Court in the Prigg case. Mr. Butler insisted that this bill
+required "nothing more than is enjoined by the Constitution, and which
+contains the bond of union and the security of harmony; and in the name
+of Washington, I would invoke all parties to observe, maintain, and
+defend it." He said it was the handiwork of sages and patriots, and
+resulted from intelligent concessions, for the benefit of all.[165] Many
+speeches were filled with prophecies, more or less openly expressed, of
+the dissolution of the Union. Mr. Soule said the South must fight for its
+rights, since it is the weaker of the two sections.[166] It had come down
+to the question, How could the Union be preserved?[167] Some concessions
+must be made. Mr. Badger urged the bill, because it "will give assurance,
+it will satisfy the public mind that the Government is disposed, is truly
+anxious, to accomplish the restitution of fugitive slaves; sincerely
+wished and is resolved to do right to the uttermost of its power. The
+proof of this will be complete, because we furnish the best means for the
+recovery of the slave himself, and if these fail we can secure prompt and
+adequate indemnity for the loss."[168]
+
+
+[Sidenote: Arguments against the Bill.]
+
+=Sec. 32. Arguments against the bill.=--On the Northern side, there seems to
+have been an admission that some bill of the kind was necessary for the
+interests of the Union. The opposition dwelt chiefly, therefore, upon the
+details of the measure. Many considered them unjust, as recognizing only
+one class of rights, those of the masters. Mr. Chase, from the
+antislavery wing, demanded that a claim of this kind be put on the same
+footing as any other statutory right. "Claims of right in the services of
+individuals found under the protection of the laws of a free State must
+be investigated in the same manner as other claims of right. If the most
+ordinary controversy involving a contested claim of twenty dollars must
+be decided by jury, surely a controversy which involves the right of a
+man to his liberty should have a similar trial.... It will not do for a
+man to go into a State where every legal presumption is in favor of
+freedom, and seize a person whom he claims as a fugitive slave, and say,
+'This man is my slave, and by my authority under the Constitution of the
+United States I carry him off, and whoever interferes does so at his
+peril.' He is asked, 'Where is your warrant?' and he produces none;
+'Where is your evidence of claim?' and he offers none. The language of
+his action is, 'My word stands for law.'"
+
+
+[Footnote 59: Statutes at Large, I. 50.]
+
+[Footnote 60: Appendix B, No. 8.]
+
+[Footnote 61: Cong. Globe, 31 Cong. 1 Sess., Appendix, 1585; Annals of
+Cong., 2 Cong. 1 Sess., H. of R., 147.]
+
+[Footnote 62: State Papers, Miscellaneous, I. 39-43.]
+
+[Footnote 63: House Journal, 2 Cong. 1 Sess., 444; Annals of Cong.,
+148.]
+
+[Footnote 64: House Journal, 2 Cong. 1 Sess., 454; Annals of Cong.,
+179.]
+
+[Footnote 65: Senate Journal, 170; Annals, 115.]
+
+[Footnote 66: 2 Cong. 2 Sess., Senate Journal, 460; Annals of Cong.,
+616.]
+
+[Footnote 67: Senate Journal, 16; Annals, 622.]
+
+[Footnote 68: Senate Journal, 25, 26; Annals, 623.]
+
+[Footnote 69: Senate Journal, 28; Annals, 625.]
+
+[Footnote 70: Senate Journal, 35; Annals, 630.]
+
+[Footnote 71: Senate Journal, 34, 35; Annals, 630.]
+
+[Footnote 72: House Journal, 105; Annals, 861.]
+
+[Footnote 73: Appendix B, No. 9.]
+
+[Footnote 74: Ante, Sec. 8; Appendix A, No. 8.]
+
+[Footnote 75: Ante, Sec. 15.]
+
+[Footnote 76: For general discussions of the act, see Von Holst,
+Constitutional History, I. 309-315; Hildreth, History of the U. S., IV.
+406-440; Lalor's Cyclopaedia, II. 315-316; Stephens, War between the
+States, I. 629-636, 674; Bancroft's History of the U. S. (last
+revision), VI. 309, 310; Goodell, Slavery and Antislavery, 227; Curtis,
+History of the Constitution, II. 450-467; Hurd, Law of Freedom and
+Bondage, II. 142; Story, Commentaries, III. 673-678; McMaster, History
+of the American People, I. 508, II. 356, 357; Elliott's Debates, V. 357,
+487; Schouler, History of the U. S., I. 219, 220; Tucker, History of the
+U. S., I. 500.]
+
+[Footnote 77: Appendix B, No. 9.]
+
+[Footnote 78: Post, Sec. 27.]
+
+[Footnote 79: Post, Sec.Sec. 34, 35.]
+
+[Footnote 80: Annals of Congress, 1796-97, p. 2015, and 1801-2, p. 343.]
+
+[Footnote 81: House Journal, 4 Cong. 2 Sess., 65; Annals of Cong., 1741,
+1767.]
+
+[Footnote 82: Murray, Cooper, and Kiltera. Annals of Cong., 1767.]
+
+[Footnote 83: Sedgwick, Reed, and Henry. Senate Journal, 4 Cong. 2
+Sess., 39; Annals of Cong., 1528.]
+
+[Footnote 84: Appendix B, No. 10.]
+
+[Footnote 85: House Journal, 6 Cong. 2 Sess., 220; Annals of Cong.,
+1053.]
+
+[Footnote 86: Nicholson, Goddard, Holland, J. Smith (Va.), Lowndes.
+House Journal, 7 Cong. 1 Sess., 34; Annals of Cong., 317.]
+
+[Footnote 87: House Journal, 7 Cong. 1 Sess., 45; Annals of Cong., 335.]
+
+[Footnote 88: Annals of Cong., 343.]
+
+[Footnote 89: House Journal, 7 Cong. 1 Sess., 125; Annals of Cong., 422,
+423; Appendix B, No. 10.]
+
+[Footnote 90: House Journal, 7 Cong. 1 Sess., 125, 128; Annals of Cong.,
+423, 425.]
+
+[Footnote 91: _Post_, Sec. 22.]
+
+[Footnote 92: House Journal, 15 Cong. 1 Sess., 50, 86, 182, 186, 189,
+193, 198; Annals of Cong., 446, 447, 513, 819, 829, 831, 840, 1339,
+1393.]
+
+[Footnote 93: Appendix B, No. 13.]
+
+[Footnote 94: Annals of Cong., 829.]
+
+[Footnote 95: Annals of Cong., 838.]
+
+[Footnote 96: Annals of Cong., 15 Cong. 1 Sess., 829, 830.]
+
+[Footnote 97: Annals of Cong., 838.]
+
+[Footnote 98: Annals of Cong., 838.]
+
+[Footnote 99: Annals of Cong., 838.]
+
+[Footnote 100: Annals of Cong., 838.]
+
+[Footnote 101: Appendix B, No. 13.]
+
+[Footnote 102: _Post_, Sec. 25.]
+
+[Footnote 103: House Journal, 15 Cong. 1 Sess., 198; Annals of Cong.,
+840.]
+
+[Footnote 104: Appendix B, No. 14.]
+
+[Footnote 105: Appendix B, No. 15.]
+
+[Footnote 106: Senate Journal, 15 Cong. 1 Sess., 128, 135, 174, 202,
+227, 228, 233; House Journal, 328; Annals of Cong., 165, 210, 259, 262,
+1339.]
+
+[Footnote 107: Annals of Cong., 1716.]
+
+[Footnote 108: Cf. Appendix B, No. 17.]
+
+[Footnote 109: House Journal, 15 Cong. 1 Sess., 188, 191; Annals of
+Cong., 546, 551.]
+
+[Footnote 110: Annals of Cong., 16 Cong. 1 Sess., 469, 1587.]
+
+[Footnote 111: Appendix B, No. 16.]
+
+[Footnote 112: Liberator, Jan. 24, 1840 (N. Y. Evening Post).]
+
+[Footnote 113: House Journal, 16 Cong. 1 Sess., 427; Annals of Cong.,
+1863.]
+
+[Footnote 114: Appendix B, No. 18.]
+
+[Footnote 115: Senate Journal, 16 Cong. 1 Sess., 319, 326; Annals of
+Cong., p. 618.]
+
+[Footnote 116: Appendix B, No. 18.]
+
+[Footnote 117: House Journal, 17 Cong. 1 Sess., 143; Annals of Cong.,
+553, 558, 710.]
+
+[Footnote 118: Annals of Cong, 17 Cong. 1 Sess., 1379, 1415, 1444.]
+
+[Footnote 119: Appendix B, No. 8.]
+
+[Footnote 120: Appendix B, No. 11.]
+
+[Footnote 121: Appendix B, No. 19.]
+
+[Footnote 122: _Ante_, Sec. 13; Appendix B, No. 2.]
+
+[Footnote 123: Appendix B, No. 12.]
+
+[Footnote 124: Am. State Papers, Foreign, IV. 106-126, VI. 346-354.]
+
+[Footnote 125: Annals of Cong., 16 Cong. 2 Sess., 94.]
+
+[Footnote 126: S. G. Howe, Refugees from Slavery in Canada, 12-14;
+Niles's Register, XXIII. 26, LV. 289.]
+
+[Footnote 127: Appendix B, No. 21; cf. No. 24.]
+
+[Footnote 128: Niles's Register, XXIII. 26.]
+
+[Footnote 129: Liberator, Dec. 31, 1860.]
+
+[Footnote 130: Pamphlets on Anderson case, Boston Public Library;
+Appendix D, No. 65.]
+
+[Footnote 131: Life of Gerrit Smith, 115.]
+
+[Footnote 132: Liberator, Jan. 22, 1861.]
+
+[Footnote 133: Von Holst, II. 312; Calhoun, III. 9, 464, 486; Senate
+Docs., 25 Cong. 3 Sess., No. 216.]
+
+[Footnote 134: Wilson, Slave Power, I. 439-442; Congressional Globe,
+XIV. 50.]
+
+[Footnote 135: Goodell, Slavery and Antislavery, 252, 253; Von Holst,
+Calhoun, 204-209.]
+
+[Footnote 136: House Docs., 27 Cong. 2 Sess., V., No. 242; Congressional
+Globe, XIV. 50.]
+
+[Footnote 137: Senate Docs., 26 Cong. 1 Sess., III., No. 11.]
+
+[Footnote 138: Congressional Globe, XIV. 80, 113-118; Calhoun, III. 462;
+Appendix B, No. 20.]
+
+[Footnote 139: Senate Docs., 27 Cong. 1 Sess., II., No. 51.]
+
+[Footnote 140: Cobbett's Case, 47; Dana's Wheaton, note 62; cf. Appendix
+B, No. 23.]
+
+[Footnote 141: Lawrence's Wheaton, 207, n.]
+
+[Footnote 142: Von Holst, I. 321, 322; Opinions of the Attorney
+Generals, III. 484; 15 Peters, 518.]
+
+[Footnote 143: R. Smedley, Underground Railroad, 26.]
+
+[Footnote 144: See _post_, Sec.Sec. 71-76.]
+
+[Footnote 145: See _post_, Sec. 38.]
+
+[Footnote 146: Appendix B, No. 22; 16 Peters, 957; Report of Case of
+Edward Prigg, Supreme Court of Pennsylvania, 202; Bledsoe, Liberty and
+Slavery, 355; J. F. Clarke, Antislavery Days, 69.]
+
+[Footnote 147: _Post_, Sec.Sec. 78, 79.]
+
+[Footnote 148: _Post_, Sec.Sec. 34, 41, 42.]
+
+[Footnote 149: Senate Journal, 30 Cong., 1 Sess., 59; Congressional
+Globe, 51.]
+
+[Footnote 150: Senate Journal, 30 Cong., 1 Sess., 313; Congressional
+Globe, 722.]
+
+[Footnote 151: Senate Journal, 30 Cong. 1 Sess., 313; Congressional
+Globe, 722.]
+
+[Footnote 152: Appendix B, No. 29.]
+
+[Footnote 153: Appendix B, Nos. 25, 27, 28.]
+
+[Footnote 154: Appendix B, No. 26.]
+
+[Footnote 155: Appendix B, No. 30. In this number of the Appendix is a
+summary of the legislative history of the measure, from the introduction
+of Mason's bill, Jan. 4, 1850, to the signature of the act by President
+Fillmore, Sept. 18, 1850, with references to the records of Congress.]
+
+[Footnote 156: Congressional Globe, 31 Cong. 1 Sess., 236.]
+
+[Footnote 157: Senate Journal, 31 Cong. 1 Sess., 118.]
+
+[Footnote 158: Congressional Globe, 31 Cong. 1 Sess., 248; Appendix B,
+No. 68. The test vote in the House stood as follows:--
+
+ States. For. Against. Not Total.
+ voting.
+
+ New England
+ States 7 15 10 32
+
+ Middle
+ States 9 33 21 63
+
+ Interior and
+ Pacific
+ States 16 27 8 51
+ -- -- -- ---
+ Total,
+ Free States 32 75 39 146
+
+ Border
+ Slave States 32 0 6 38
+
+ Planter
+ States 45 0 9 54
+ -- -- -- ---
+ Total,
+ Slave States 77 0 15 92
+
+ --- -- -- ---
+ Total 109 75 54 238]
+
+[Footnote 159: Appendix B, Nos. 83, 84. For general discussions of the
+act, see Von Holst, III. 548-557, IV. 9-12, 20-29; Wilson, Slave Power,
+II. 302-329; Greeley, American Conflict, I. 210-221; Cooley's Story, Sec.
+1921; Lalor's Cyclopaedia, II. 315-317; Bryant and Gay, U. S., IV.
+397-401.]
+
+[Footnote 160: For the text of the act, see Appendix B, No. 31.]
+
+[Footnote 161: Congressional Globe, 31 Cong. 1 Sess., Appendix, 1610.]
+
+[Footnote 162: Congressional Globe, 31 Cong. 1 Sess., 1583.]
+
+[Footnote 163: Congressional Globe, 31 Cong. 2 Sess., Appendix, 1051.]
+
+[Footnote 164: Congressional Globe, 31 Cong. 2 Sess., Appendix, 1622.]
+
+[Footnote 165: Congressional Globe, 31 Cong. 1 Sess., 79.]
+
+[Footnote 166: Congressional Globe, 31 Cong. 1 Sess., 78.]
+
+[Footnote 167: Von Holst, III. 493.]
+
+[Footnote 168: Congressional Globe, 31 Cong. 1 Sess., Appendix, 1597.]
+
+
+
+
+CHAPTER III.
+
+_PRINCIPAL CASES FROM 1789 TO 1860._
+
+ Sec. 33. Change in character of cases.
+ Sec. 34. The first case of rescue (1793).
+ Sec. 35. President Washington's demand for a fugitive (1796).
+ Sec. 36. Kidnapping cases.
+ Sec. 37. Jones case (1836).
+ Sec. 38. Solomon Northrup case (about 1830).
+ Sec. 39. Washington case (between 1840 and 1850).
+ Sec. 40. Oberlin case (1841).
+ Sec. 41. Interference and rescues.
+ Sec. 42. Chickasaw rescue (1836).
+ Sec. 43. Philadelphia case (1838).
+ Sec. 44. Latimer case (1842).
+ Sec. 45. Ottoman case (1846).
+ Sec. 46. Interstate relations.
+ Sec. 47. Boston and Isaac cases (1837, 1839).
+ Sec. 48. Ohio and Kentucky cases (1848).
+ Sec. 49. Prosecutions.
+ Sec. 50. Van Zandt, Pearl, and Walker cases (1840, 1844).
+ Sec. 51. Unpopularity of the Fugitive Slave Act of 1850.
+ Sec. 52. Principle of the selection of cases.
+ Sec. 53. Hamlet case (1850).
+ Sec. 54. Sims case (1851).
+ Sec. 55. Burns case (1854).
+ Sec. 56. Garner case (1856).
+ Sec. 57. Shadrach case (1851).
+ Sec. 58. Jerry McHenry case (1851).
+ Sec. 59. Oberlin-Wellington case (1858).
+ Sec. 60. Christiana case (1851).
+ Sec. 61. Miller case (1851).
+ Sec. 62. John Brown in Kansas (1858).
+
+
+=Sec. 33. Change in character of cases.=--The cases of escape which occur in
+the period beginning with the formation of the Constitution, and ending
+with the passage of the Fugitive Slave Law in 1850, will be found, in
+comparison with those of colonial times, much more frequent, more complex
+in action, and more varied in detail. Instead of many colonies under
+governments independent one of another, there was now one government and
+one country; nevertheless, the extinction of the system of bondage and
+the rise of the antislavery sentiment in the Northern States brought into
+the cases new and difficult elements. No attempt will be made to mention
+the cases in their chronological order, or to describe them all. They
+will be classified into cases of simple escape, of kidnapping, of rescue,
+and of State interference; and typical examples will be described in each
+category.
+
+
+[Sidenote: The First Case of Rescue.]
+
+=Sec. 34. The first case of rescue.=--The first attempt to enforce the act
+of 1793, of which any record has been discovered, immediately revealed
+its unfairness, and the indisposition of the North to carry it out.
+
+Mr. Josiah Quincy, then a young lawyer, afterwards known as a public man
+and the President of Harvard College, has left an interesting account of
+his connection with the case. "He states that the process was issued by a
+justice of the peace, that he was retained as counsel for the alleged
+slave, that he prepared his brief, and went down loaded with all the
+necessary authorities. He found a great crowd of people assembled; but
+while he was in the midst of the argument, he heard a noise, and, turning
+around, he saw the constables lying sprawling on the floor, and a passage
+opening through the crowd, through which the fugitive was taking his
+departure without stopping to hear the opinion of the court, and that was
+the last of that case, and that was the last of the law of 1793 in
+Massachusetts."[169]
+
+
+=Sec. 35. President Washington's demand for a fugitive.=--As has been
+noticed in a previous chapter, George Washington's boyhood was connected
+with white slavery. Now, at the zenith of his public life, we find one of
+his chattels the occasion of the first recorded refusal on moral grounds
+to return a slave. In 1796, President Washington wrote to Mr. Whipple,
+Collector of Portsmouth, N. H., to send back to him one of his slaves who
+had escaped to that place, if it could be done without exciting a mob.
+This letter has been preserved, and the following extract gives us an
+insight into President Washington's opinions upon the rendition of
+fugitives:--
+
+ "However well disposed I might be to gradual abolition, or even to an
+ entire emancipation of that description of people, (if the latter was
+ in itself practicable,) at this moment it would neither be politic nor
+ just to reward unfaithfulness with a premature preference, and thereby
+ discontent beforehand the minds of all her fellow serv'ts, who, by
+ their steady attachment, are far more deserving than herself of
+ favor."[170]
+
+ Mr. Whipple answered, that any return would be impossible; public
+ sentiment was too strong against it.
+
+
+[Sidenote: Kidnapping.]
+
+=Sec. 36. Kidnapping cases.=--The great number of cases of kidnapping
+throughout the period from 1793 to 1850 show what cruel and unjust deeds
+were possible under the existing system, and served as nothing else could
+to rouse people to the defence of negroes. Various were the methods by
+which, in spite of law, kidnappers were enabled to secure their prey.
+Perhaps the most common practice, in places where the courts were known
+to be friendly to slavery, was to arrest a man on some false pretence,
+and then, when he appeared in court without opportunity to secure papers
+or witnesses, to claim him as a fugitive slave. Most of these cases
+occurred in communities bordering upon or near the Southern States. The
+risk and trouble of transporting slaves across free States were so great,
+that up to 1850 we seldom hear of kidnapping cases, and rarely of the
+capture of a genuine fugitive in the New England States.
+
+The natural consequence of such acts of outrageous violence was to rouse
+people to the forcible rescue of the captured negroes. In the earliest
+cases, colored people seem to take the leadership; later on, the whites
+joined, and became most active in the work.
+
+
+=Sec. 37. Jones case.=--The following instance well exemplifies this form of
+oppression. George Jones, a respectable colored man, was arrested on
+Broadway, New York, in 1836, on the pretext that he had committed assault
+and battery. As he knew that no such charge could be sustained against
+him, he at first refused to go with his captors; but finally he yielded,
+on the assurance of his employer that everything possible should be done
+for him. He was then placed in Bridewell, and his friends were told that
+when they were wanted they "would be sent for"; but, soon after one
+o'clock that same day, he was taken before the Hon. Richard Riker,
+Recorder of New York, and to the satisfaction of that magistrate was
+proved to be a slave. Thus, in less than two hours after his arrest he
+was hurried away as the property of the kidnappers: their word had been
+accepted as sufficient evidence, and he had not been allowed to secure
+the presence of a single friendly witness.[171]
+
+
+=Sec. 38. Solomon Northup case.=--Sometimes, if they feared to enter their
+case in court, slave hunters could find opportunity, by watching a negro
+for a while, to carry out their plans through some small deception. One
+of the most striking of these cases is that of Solomon Northup, who has
+written an account of his experiences as freeman and as slave. He was
+born in 1808 in New York State. His father had been made a free man by
+the provisions of his master's will. Thus Solomon was brought up under
+the influences of freedom, and knew little of slavery. After his
+marriage, he lived for some years in Saratoga. Here he earned a
+comfortable livelihood. During the day he worked about the hotels, and in
+the evenings he was often engaged to play the violin at parties. One day,
+two men, apparently managers of a travelling circus company, met him and
+offered him good pay if he would go with them as a violinist to
+Washington. He consented. Their behavior seemed to him peculiar, but he
+remained in their service, only to find himself one morning in a slave
+pen in Washington. How he got there remained always a mystery, but it is
+evident that he must have been drugged. Resistance was useless. He was
+carried South and sold to Mr. Epps, a hard master, with whom he remained
+for twelve years.
+
+After he had long given up all hopes of escape, a friend was found in a
+Northern man who was working on the same plantation. Mr. Bass consented,
+though at a great risk to himself, to write some letters, telling
+Solomon's story to his Northern friends. The letters reached their
+destination, and, under the law of 1840 against kidnapping, a memorial
+was prepared to the Governor of New York. He became interested, and
+immediately sent a man South to find Northrup. After a long search, the
+agent was directed to Mr. Epps's plantation. Much to the disappointment
+of the master, who used every means to prevent his return, Solomon was
+identified at last, and went back to New York again a free man. Efforts
+were made to prosecute the kidnappers; but as sufficient evidence could
+not be obtained, no case was made out.[172]
+
+
+=Sec. 39. Washington case.=--So bold did these stealers of men become, that
+they sometimes resorted to simple force, without the slightest attempt at
+concealment. A case of this kind occurred in Washington, D. C., between
+1840 and 1850. Three or four men seized a negro who was employed in a
+hotel near the Capitol, and dragged him away. Mr. Hall, proprietor of the
+house, after trying in vain to prevent the arrest, succeeded at last in
+compelling them to take the man before a magistrate. The justice declined
+to assume jurisdiction in such a case, and before any other protection
+could be provided, the man was hurried by the kidnappers into a hack, and
+taken across the Potomac into bondage.[173]
+
+
+=Sec. 40. Oberlin case.=--Occasionally the result was less fortunate for the
+captors. In Oberlin, three slave hunters seized by force a negro man and
+his wife, and carried them to an inn for the night. In the mean time the
+people of the town decided that the negroes must have a trial. They
+therefore employed a lawyer, who discovered that the writ for the capture
+was illegal, and secured a hearing. The captives were placed in jail,
+but, aided by some undivulged agency, they managed to break the grates of
+their prison windows, and escaped to Canada before the day set for
+trial.[174]
+
+
+[Sidenote: Interference and Rescues.]
+
+=Sec. 41. Interference and rescues.=--After a kidnapping case had occurred
+in a Northern village or town, measures were frequently taken by the
+indignant citizens to prevent the recurrence of such acts. They organized
+vigilance committees, or the antislavery societies took it up as a part
+of their work. In a free community, public sentiment would not allow
+negro towns-people to stand entirely unprotected. Thus many of the cases
+of interference and rescue were the result of some organized movements on
+the part of the white people, though occasionally they came about through
+the unpremeditated action of a mob.
+
+
+=Sec. 42. Chickasaw rescue.=--The first case which has been found occurred
+in 1836. A writ of habeas corpus was served against Captain Eldridge of
+the brig Chickasaw, for holding two colored women in his ship with the
+intention of carrying them South. As both presented free papers at the
+hearing, the judge ordered them discharged; but the agent of John B.
+Morris of Baltimore, who demanded their return, declared that he would
+soon have sufficient evidence to prove them fugitives. Thereupon the
+colored people rushed in, took the women to a carriage, and carried them
+away to safety.[175]
+
+
+=Sec. 43. Philadelphia and Kennedy cases.=--A similar but unsuccessful
+attempt was made in Philadelphia in 1838. A slave had been delivered to
+the man claiming to be his master. As the captors were about to take him
+away, a crowd of colored people gathered and attempted to rescue him. It
+was not so simple a matter in a large city as in a country town. A body
+of police soon appeared, protected the slaveholders, and finally arrested
+some of the leaders among the free blacks.[176]
+
+A few years later, in Carlisle, Pennsylvania, three negroes were arrested
+and their identity established as the slaves of Messrs. Kennedy and
+Hollingsworth of Maryland. The colored people of the neighborhood had
+caused a writ of habeas corpus to be issued and a second hearing was
+held. Judge Hepburne decided that the magistrate first employed had no
+right to commit the alleged fugitives, but he himself remanded them. A
+riot ensued, and some thirty-six persons were tried for participating in
+it.[177]
+
+
+=Sec. 44. Latimer case.=--In the Latimer case, the first of that series of
+famous fugitive slave trials which took place in Boston, was strongly
+developed the feeling against kidnapping, or in fact against the
+rendition of a slave under any circumstances.
+
+In 1842, George Latimer was seized in Boston without a warrant, at the
+request of James B. Grey of Norfolk, Virginia. Latimer's counsel, Samuel
+E. Sewall and Amos B. Merrill, sued out a writ of habeas corpus, but
+after argument Chief Justice Shaw denied it. Mr. Grey asked for time to
+procure evidence against Latimer from Virginia. The judge ruled that the
+request should be granted, and that Latimer should for the time being be
+kept in the custody of the city jailer, Nathaniel Cooledge. A writ of
+personal replevin, under the act of 1837 securing trial by jury,[178] was
+then sworn out, but Justice Shaw decided that, according to the decision
+by the Supreme Court in the Prigg case, the law was illegal.[179]
+
+The proceedings aroused great indignation throughout the city and State.
+Meetings to devise means of aiding Latimer were held in Faneuil Hall and
+Belknap Street church. Stirring speeches were made by Wendell Phillips
+and others, and resolutions condemning the proceedings of the
+authorities, and remonstrating against the return of Latimer, were
+adopted. Bands of ruffians strove to break up the meetings, and succeeded
+in greatly disturbing them. To rouse the people, to give expression to
+public sentiment, and to spread the news from day to day, Dr. H. I.
+Bowditch and Dr. W. F. Channing edited a paper called "The Latimer
+Journal and North Star." This was published for a number of weeks by the
+friends of the fugitive. Petitions were sent to the sheriff to remove the
+jailer, and to the Governor asking the removal of the sheriff if he did
+not accede to their demand. Thereupon Latimer's custodian agreed to give
+him up for a sufficient payment. The sum of four hundred dollars was
+accordingly raised, the proceedings came to an abrupt termination, and
+Latimer was released.
+
+The excitement produced, however, did not die out immediately, and some
+of the results were far-reaching. So intense was the public excitement,
+that, soon after, a petition was prepared and sent to Congress, asking an
+amendment to the Constitution. This was signed by fifty thousand people
+in Massachusetts, and presented in the House by Mr. Adams. Another,
+signed by sixty-five thousand people, was sent to the legislature. The
+effect was the act of 1843, forbidding all officers to aid in the
+recapture of a fugitive slave, or to permit the use of State jails for
+their imprisonment. The petition to Congress was not received. A
+resolution from the Latimer committee, which proposed an amendment to the
+Constitution so as to base representation on "free persons," brought
+about much discussion, and was not received in the House. In the Senate
+it excited even more violent opposition, and the resolutions were laid on
+the table and not printed.[180]
+
+
+=Sec. 45. Ottoman case.=--Similar indignation was felt in Boston over the
+case of Captain Hannum of the brig Ottoman. He had found a runaway
+concealed on board, but had set sail to return, evidently with the
+intention of taking the man back into captivity. A steamer was sent out
+to rescue the slave, but the Ottoman managed to elude it, and the man was
+lost. At a meeting held September 24, 1846, a committee was appointed for
+the purpose of preventing similar outrages.[181]
+
+
+[Sidenote: Interstate Relations.]
+
+=Sec. 46. Interstate relations.=--The spirit of opposition to the execution
+of the Fugitive Slave Law made itself felt, not only in popular
+demonstrations and in legislation, but in interstate relations. We have
+already noticed the Prigg case,[182] and its effect in relieving the
+States from any responsibility in the enforcement of the law. Other
+States took advantage of this decision, and of the general principle of
+international law, that one nation or state is not bound to enforce the
+municipal law of another.
+
+
+=Sec. 47. Boston and Isaac cases (1837-1839).=--In 1837 a runaway was found
+on the ship Boston, then on her homeward voyage from Georgia to Maine.
+After landing, the slave succeeded in getting to Canada. The Governor of
+Georgia charged the captain with slave-stealing, and demanded his return
+as a fugitive from justice. The Governor of Maine would not comply with
+the request, because, as he said, the laws of that State recognized
+slaves not as property, but as persons. The indignant legislature of
+Georgia adopted resolutions calling upon Congress so to amend the laws
+that the Governor of Maine should be compelled to give up slave stealers
+as fugitives from justice. Resolutions were presented in the United
+States Senate, but no action was taken.[183]
+
+The refusal to use State machinery against fugitives extended to the
+process of extradition against persons connected with the rescue of
+slaves. Thus in the Isaac case, in 1839, Virginia asked New York for the
+arrest of three colored men who were accused of abetting a slave's
+escape. The Governor of New York returned answer, that no State could
+demand the surrender of a fugitive from justice for an act which was made
+criminal only by its own legislation.[184]
+
+
+=Sec. 48. Ohio and Kentucky case.=--Kentucky, in 1848, demanded from the
+Governor of Ohio the extradition of fifteen persons on the charge of
+aiding the escape of a fugitive. Governor Bell refused, on the ground
+that Ohio laws did not recognize property in man.[185]
+
+
+[Sidenote: Prosecutions. Act of 1850.]
+
+=Sec. 49. Prosecutions.=--The effects of the aid and protection thus given
+fugitives by Northern people or governments awakened among the
+slaveholders a feeling of wrong and indignation. The Fugitive Slave Law
+was clear, and they determined to carry it out to the letter. They began,
+therefore, energetically to prosecute people for aiding and harboring
+escaping slaves. The case just mentioned shows how difficult it was to
+secure prosecutions beyond the State boundaries. When the offence
+occurred within the bounds of a slave State, the judgments were most
+severe, and the heaviest possible fines and longest terms of imprisonment
+were inflicted for simple acts of charity.
+
+
+=Sec. 50. Van Zandt, Pearl, and Walker cases.=--Mr. Van Zandt, returning
+into the country from Cincinnati one day in 1840, took nine fugitive
+slaves from Kentucky into his farm wagon. He was stopped by three
+persons, and all but two of the slaves were recaptured. Mr. Van Zandt was
+arrested, taken into court, and fined twelve thousand dollars, which
+exhausted his entire property.[186]
+
+A still more severe penalty was that imposed upon Captain Drayton, of the
+schooner Pearl, in 1848. He took on board seventy-five fugitive slaves,
+and sailed up the Potomac. An armed steamer, sent in pursuit, overtook
+them and brought them back. Captain Drayton and another officer of the
+schooner were placed in prison, where they remained for twenty years, and
+at last were relieved only through the efforts of Charles Sumner.[187]
+
+Another instance of the same sort is the case of Mr. Jonathan Walker, in
+1844. With seven fugitives he embarked from Pensacola in an open boat for
+the Bahama Islands, but he received a sun-stroke and was obliged to leave
+the management of the craft in the hands of the negroes. On account of
+the accident, they were overtaken by two sloops, and both fugitives and
+their protector captured. Mr. Walker was twice tried, imprisoned,
+sentenced to stand in the pillory, and branded on the hand with the
+letters S. S., slave stealer.[188] The crime and the punishment have
+alike been glorified in Whittier's verses:--
+
+ "Then lift that manly right hand, bold ploughman of the wave!
+ Its branded hand shall prophesy 'Salvation to the Slave!'
+ Hold up its fire-wrought language that whoso reads may feel
+ His heart swell strong within him, his sinews change to steel."
+ [189]
+
+
+=Sec. 51. Unpopularity of the Fugitive Slave Act of 1850.=--The passage of
+the new law probably increased the number of antislavery people more than
+anything else which had occurred during the whole agitation. Many of
+those formerly indifferent were roused to active opposition by a sense of
+the injustice of the Fugitive Slave Act as they saw it executed in Boston
+and elsewhere. Hence, in the cases of the period from 1850 to the
+outbreak of the Civil War, we shall find a new element. The antislavery
+party, grown strong, resisted the regulations, and instead of the
+unquestioned return of a fugitive, as in colonial times, or of
+prosecutions carried on under the simple conditions of the act of 1793,
+the struggle became long and complex. In fact during this time hardly an
+important case can be cited in which there was not some opposition to the
+natural course of the law. These exasperating effects were not at first
+apparent to the South, since before the famous rescues began several
+cases of rendition showed the power of the Executive. As the escapes grew
+more and more frequent yearly, increasing all the time in boldness, the
+slaveholders put forth greater efforts to punish the offenders, and
+prosecutions were numerous. But the "new law had no moral foundation,"
+and against such an act public sentiment must sooner or later revolt, no
+matter how severe may be its provisions.[190] As Mr. James Freeman Clarke
+has said, "It was impossible to convince the people that it was right to
+send back to slavery men who were so desirous of freedom as to run such
+risks. All education from boyhood up to manhood had taught us to believe
+that it was the duty of all men to struggle for freedom."[191]
+
+
+=Sec. 52. Principle of the selection of cases.=--The large number of cases
+occurring between 1850 and 1860 renders it impossible to present a
+detailed account of them all in a brief monograph. The selection,
+therefore, includes only such as are typical of the various phases of the
+agitation.
+
+
+=Sec. 53. Hamlet case (1850).=--The first recorded action under the
+provisions of the law of 1850 took place on the 26th of September of that
+year, just eight days after the passage of the act. James Hamlet, a free
+negro, who with his family had been living for several years in New York,
+was on that day arrested by a deputy United States Marshal as the
+fugitive slave of Mary Brown of Baltimore. After a hasty examination by
+Commissioner Gardiner, he was surrendered in accordance with the new law.
+These proceedings were not sufficiently well known at the time to excite
+a mob, but when discovered they roused so strong a feeling that the money
+necessary to redeem Hamlet was almost immediately raised, and on the 5th
+of October he was brought back from slavery.[192]
+
+
+[Sidenote: Sims and Burns.]
+
+=Sec. 54. Sims case (1851).=--Another instance in Boston, often mentioned as
+the first under the law of 1850, but really six months later than the
+Hamlet case, is that of Thomas M. Sims. A common method of seizure was
+followed. Marshal Tukey arrested Sims on a false charge of theft. Mr.
+Potter of Virginia then claimed him as his slave. Court Square was filled
+with people. The Marshal feared a popular outbreak while the matter was
+pending, and, to the indignation of the city, caused the court-house in
+which Sims was confined to be surrounded with chains. As these were but
+four feet from the ground, the judges as they went in and out from the
+sessions were forced, morning and night, to bow beneath them. The
+building was also strongly guarded by a company of armed men, ever
+afterward known as the "Sims Brigade." Robert Rantoul, Jr. and Samuel E.
+Sewall conducted Sims's case. Commissioner Curtis overruled the
+constitutional objections to the Fugitive Slave Law, and to the judicial
+functions of the Commissioners of the United States courts. Then, despite
+all efforts of the antislavery people in his behalf, the certificate
+which sent Sims back to Virginia was made out and signed by Commissioner
+Curtis.[193] The Liberator says of the popular sentiment: "One feeling
+was visible on almost every countenance, commiseration,
+humiliation,--commiseration for the victim, humiliation at the
+degradation of Massachusetts. No man talked, no man thought, of violence.
+Why? Because it is acquiesced in? No! no! Because it is approved? A
+thousand times, no! but because government is pleased to enforce the law,
+and resistance is hopeless."[194] Sims was taken from his cell in the
+early morning, observed only by a few faithful vigilants, and, amid
+platoons of armed men, conducted to the United States ship Acorn, which
+was detailed to carry him back to the South.[195]
+
+The indignation of the antislavery people remained to be expressed, and a
+mass meeting was held on the Common and in Tremont Temple. Wendell
+Phillips and Theodore Parker addressed the assemblage, and Phillips
+noticed the fact that hostile troops had not been seen in the streets of
+Boston since the redcoats marched up from Long Wharf.[196]
+
+
+=Sec. 55. Burns case (1854).=--The rendition of Anthony Burns in 1854 was
+the last great fugitive slave case which occurred in Boston. Burns was
+the property of Charles F. Suttle of Virginia. He escaped in 1854, and
+came to Boston. One of the first things he did was to write a letter to
+his brother, still a slave in the South. Unfortunately, though this was
+mailed in Canada, by some oversight it was dated in Boston. Since a
+letter to a slave was always opened by the master, Burns's hiding place
+was discovered.[197] He was arrested upon the usual charge of theft.
+Then, upon a warrant issued by Judge Loring, he was claimed as a fugitive
+slave by Suttle.
+
+When the knowledge of the arrest began to circulate, the most intense
+excitement prevailed. Handbills asking all antislavery people to go to
+Boston were sent throughout the country. Public meetings held in Faneuil
+and Meionaon Halls were crowded with representatives from all the towns
+about.[198] One of the people who took part in the attempted rescue which
+followed one of these meetings thus describes it:--
+
+ "On the evening of the 26th of May, we went down to Faneuil Hall to
+ hear Wendell Phillips. He counselled waiting until morning before any
+ attempt to rescue Burns should be made, but the excited audience
+ silenced him with shouts of 'No, no! to-night! to-night!'
+
+ "Mr. Phillips saw that it was useless to try to go on, so he sat down
+ and Mr. Theodore Parker began speaking. At first he advocated the same
+ plan, but at last, as he found the crowd growing more and more eager
+ and uproarious, he said, 'Well, if you will, let us go!' and led the
+ way out of the hall. The people followed, and my friend and I were
+ among the first to reach the court-house. There we found prepared for us
+ long beams and boxes of axes. Five or six men seized one of these
+ beams, and before its pressure the large door of the court-house
+ crushed like glass. Mr. Higginson first stepped in, but just then a
+ pistol shot was heard, and the mob fell back. Mr. Higginson looked
+ around, and entreated them not to desert him, but the favorable moment
+ was gone. The people should have lost no time in filling the house, for
+ the marines had been ordered from the Navy Yard, and when they appeared
+ nothing further could be done."[199] In this riot James Batchelder,
+ one of the Marshal's guards, was killed.
+
+At the trial, though Burns was ably defended by Mr. R. H. Dana and
+others, it was of no avail. His identity was unfortunately established
+from the first. He had recognized and addressed his master, and also a
+Mr. Brant, who had once hired him. The order for his rendition was
+therefore at once given.[200]
+
+Guarded by a large military force he was conducted through the streets,
+filled with an indignant multitude, to the United States cutter Morris,
+which had been ordered by the President to take him back.[201] Many
+buildings on the route were hung with black, and so great was the popular
+excitement, that Rev. J. F. Clarke, an eyewitness of the affair, has
+said: "It was evident that a very trifling incident might have brought on
+a collision, and flooded the streets with blood."
+
+The difficulty of enforcing the act was shown in the precautionary
+measures immediately adopted by the government. The city police, the
+militia, the marines, and some regular troops, were ordered out to the
+task of guarding one poor fugitive. It cost the country one hundred
+thousand dollars to send this single slave back to his master.[202]
+
+Not long after Burns's return, a sum of money, to which Charles Devens,
+United States Marshal at his trial, contributed largely, was raised in
+Boston and the vicinity for his purchase; but it was found impossible to
+effect it.[203]
+
+Mr. Higginson, Wendell Phillips, and Theodore Parker, with others, were
+indicted for riot, but the indictment was quashed by Judge Curtis on
+technical grounds, and they were discharged.[204]
+
+
+[Sidenote: Garner and Shadrach.]
+
+=Sec. 56. Garner case (1856).=--Of all the cases of rendition, the saddest,
+and next to the Burns case probably the best known at the time, was that
+of Margaret Garner. In accounts of the Underground Railroad we are told
+that winter was the favorite season for flight in the section of the
+country south of the Ohio, since ice then covered the river, and the
+difficulty of crossing by boat did not arise. It was at this season that
+Simeon Garner, his son Robert, and their families, fled from Kentucky and
+crossed the frozen stream to the house of a colored man in Cincinnati.
+They were soon traced thither, and after a desperate hand to hand
+struggle the house was entered. There the pursuers found that Margaret
+Garner, preferring for her children death to slavery, had striven to take
+their lives, and one lay dead. The case was immediately brought into
+court, where, despite the efforts made to save them, rendition was
+decided upon. On the way back, Margaret, in despair, attempted to drown
+herself and her child in the river; but even the deliverance of death was
+denied her, for she was recovered and sold, to be carried yet farther
+south.[205]
+
+
+=Sec. 57. Shadrach case (1851).=--In the three typical cases just described,
+neither the law's delay, violent interference, nor the desperation of the
+slave, availed to prevent the return of the fugitive to the oppressor.
+Let us turn from this group, and take up those more important cases
+wherein the law was not allowed to complete its course, but rescues were
+accomplished, either by free negroes or antislavery people. First in time
+and importance comes the case of Shadrach, which occurred in Boston in
+February, 1851.
+
+In May, 1850, a slave named Frederic Wilkins had run away from Virginia
+and come to Boston, where he found employment as a waiter in the Cornhill
+Coffee House under the alias of Shadrach. He had been there not quite a
+year, however, when John De Bere, his master in Norfolk, sent some one in
+pursuit of him. A warrant was served and he was arrested while at work.
+United States Commissioner Riley then took him to the court-house, where
+Mr. List, a young lawyer of antislavery sympathies, offered his aid as
+counsel, and Messrs. Charles G. Davis, Samuel E. Sewall, and Ellis Gray
+Loring also came to his assistance. Mr. List obtained some delay in the
+proceedings; but since, by the act of 1843,[206] the use of State jails
+had been denied for fugitives, the officers were obliged to keep the
+prisoner in the court-room until another place of confinement could be
+found. By this time a large number of people had gathered about the
+building, and were trying to force an entrance. For a long time they were
+unable to enter, but at last opportunity was given as Mr. Davis opened
+the door to leave the court-room. In spite of all efforts on the part of
+the officers to close the door, a body of colored people under the lead
+of Lewis Hayden rushed in and seized the prisoner. They carried him
+triumphantly out of the court-room on their shoulders, and soon saw him
+safely started for Canada. Mr. Davis and others were prosecuted for
+aiding in the rescue, but nothing was proved against them. Intense
+excitement prevailed in the city, and finally throughout the country,
+since Congress took up this infringement of the law.[207]
+
+Mr. Clay, February 17, 1851, introduced a resolution which requested the
+President to send to Congress "any information he may possess in regard
+to the alleged recent case of a forcible resistance to the execution of
+the laws of the United States in the city of Boston," and communicate to
+Congress "what means he has adopted to meet the occurrence," and
+"whether, in his opinion, any additional legislation is necessary to meet
+the exigencies of the case."[208] President Pierce then issued a
+proclamation announcing the facts to the country, and calling on all
+people to assist in quelling this and other disturbances. The Senate's
+request was also answered in an Executive message to Congress, which
+announced to them that the President would use all his constitutional
+powers to insure the execution of the laws. Such unusual national
+interference gave the case wide celebrity, and, as Von Holst says, "The
+pretensions and assumptions of the South were encouraged in a very unwise
+way, by the fact that, by such a manner of treating the matter, people
+seemed to recognize that it was entitled to hold the whole North
+responsible for every violation of the compromise, which could properly
+be laid at the door of only a few individuals. The proclamation and the
+message placed the compromise in a far more glaring light than the
+liberation of Shadrach."[209]
+
+
+[Sidenote: Rescues.]
+
+=Sec. 58. Jerry McHenry rescue (1851).=--Later, a case occurred at Syracuse,
+New York, which was a significant illustration of the successful action
+of a vigilance committee. Jerry McHenry, a respectable colored man who
+had lived for several years in that city, was arrested in October, 1851,
+as a fugitive slave. At the examination, which took place at two o'clock
+in the afternoon, he found opportunity to break away from the officers
+and escape through the crowd, which opened to allow him to pass. He was,
+however, immediately pursued and recaptured. It so happened that an
+Agricultural Fair and a convention of the Liberty Party were going on at
+that time in Syracuse, and the city was unusually full of people. When
+the alarm bell gave notice to the vigilance committee that a negro had
+been seized, Mr. Gerrit Smith, who was attending the meetings, and Rev.
+Samuel J. May, with others, hastened to the scene. The Commissioner,
+after the capture, had again taken up the trial, but such a disturbance
+was made by the crowd which gathered outside that he was forced to
+adjourn. Meanwhile, Mr. Smith with the committee had planned a rescue,
+and at about half-past eight fully two thousand people had assembled, and
+an assault was begun upon the court-house. They broke doors and windows,
+overpowered the officers, and at last bore Jerry away in triumph.
+
+He remained in the home of a friend until he could be sent to Canada.
+Prosecutions were immediately instituted, and eighteen persons indicted
+for taking part in the rescue, but nothing came of the case. On the other
+side, Henry W. Allen, Marshal in the case, was tried for kidnapping. The
+judge declared the Fugitive Slave Act unconstitutional, but a verdict of
+not guilty was rendered.[210]
+
+
+=Sec. 59. Oberlin-Wellington rescue (1858).=--Sometimes, however, general
+sentiment was so strong that the rescue became, not an action instigated
+and carried through by three or four determined men, but the indignant
+uprising of a whole town. Such was the Oberlin-Wellington case,
+celebrated for the great number of prosecutions and the high character of
+those engaged in it. Two kidnappers from Kentucky induced an Oberlin boy,
+by a bribe of twenty dollars, to entice away a negro named John Rice on
+pretence of giving him work. Having taken him to a lonely spot, he was
+seized and carried about eight miles across country to Wellington, there
+to await the south bound train.
+
+On the way the party was overtaken by an Oberlin College student, who at
+once gave the alarm. A crowd gathered and followed the kidnappers to the
+railway station. There, by placing a ladder upon the balcony they
+succeeded in rescuing John from the upper story of the house in which he
+was confined. For this violation of the law thirty-seven citizens of
+Oberlin and Wellington were indicted. This produced the greatest
+excitement all over the country, and the case grew more and more
+complicated, until the proceedings had lasted several months. Public
+meetings to express sympathy with the prosecuted were held in many
+places. Some of them were imprisoned to await the trial, but no severe
+sentences were imposed.[211]
+
+
+[Sidenote: Castner Hanway. John Brown.]
+
+=Sec. 60. Christiana case (1851).=--Occasionally the rescue of fugitives was
+not accomplished by a sudden unorganized movement, but by a deliberate
+armed defence on the part of the slaves and their friends. In the
+Christiana case the affair was marked by violence and bloodshed, while
+the fact that the Quakers Castner Hanway and Elijah Lewis were afterward
+prosecuted made it notorious; and the further fact that the charge was
+not, as usual, that of aiding a fugitive, but of treason, gave it still
+greater interest.
+
+In and about Christiana, Pennsylvania, there were many negroes who had
+formerly been slaves, descriptions of whom were frequently furnished to
+kidnappers by a band of men known throughout the country as the "Gap
+Gang." A league for mutual protection had therefore been formed by the
+colored people, and prominent among them for intelligence and boldness
+was William Parker. Soon after the passage of the law of 1850, Edward
+Gorsuch and a party came from Maryland to Christiana for a fugitive
+slave. With United States officers from Philadelphia they went
+immediately to the house of William Parker, where the man they were
+seeking was sheltered. When their demand was refused, they fired two
+shots at the house. This roused the people, and a riot ensued in which
+the fugitive escaped. Mr. Gorsuch was killed, his son desperately
+wounded, and the rest put to flight. Castner Hanway at the beginning of
+the struggle was notified of the kidnappers' presence, and, though feeble
+in health, hastened to the scene. When ordered by Marshal Kline to aid
+him in accordance with the law, he refused; yet, far from leading in the
+affair, he tried in every way to prevent bloodshed and bring about peace.
+
+After it was over, Parker, with two other colored men, knowing that
+arrest must follow, secreted themselves under piles of shavings in an old
+carpenter's shop. At night they sent four wagons in different directions
+as decoys for the detectives, and were carried safely away by a fifth.
+Many negroes hid that night in the corn shocks, and under the floors of
+houses, until escape could be made in safety.[212]
+
+Castner Hanway was arrested, and arraigned before the United States court
+on the charge of treason; but no proof of a conspiracy to make a general
+and public resistance to the law could be found, and he was acquitted.
+Afterward it was desired to try Hanway and Lewis for "riot and murder,"
+but the grand jury ignored the bill, and all prisoners were released.
+With these prosecutions the end of the affair was apparently reached,
+though perhaps its influence may be traced in a succeeding case.
+
+
+=Sec. 61. Miller case (1851).=--A noted kidnapper from Maryland, in 1851,
+seized a free negro girl living at the house of Mr. Miller, in
+Nottingham, Pennsylvania, and took her to Baltimore. Mr. Miller followed
+them, and succeeded in getting her freed. He then started back, but never
+reached home. Search was made, and his body found upon the way. It was
+thought that the murder was committed in revenge for the part he had
+taken in the Christiana riot.[213]
+
+
+=Sec. 62. John Brown in Kansas (1858).=--It was during this period also that
+John Brown was endeavoring to put into execution his famous plan for
+freeing the slaves. This is interesting, not only as typical of organized
+efforts to free the slaves on the plantations, but also because of its
+connection with other phases of the slavery question, into which we shall
+not attempt to enter here. His idea was first to gather as large a force
+as possible, then, when his men were properly drilled, to run off the
+slaves in large numbers; to retain the brave and strong in the mountains,
+and to send the weak and timid to the North by the "Underground
+Railroad."[214]
+
+In December, 1858, Brown divided his forces into two divisions, and went
+into Missouri. Here he succeeded in freeing eleven slaves, and, though
+pursued by a far superior number of Missourians, took them safely into
+Kansas. The affair, by its boldness, created great excitement throughout
+the South. The Governor of Missouri offered three thousand dollars
+reward, and the President of the United States two hundred and fifty
+dollars, for Brown's capture; within a very short time he had succeeded
+in conveying himself and his eleven fugitives safely into Canada, and the
+horses which he had appropriated from the slaveholders in order to carry
+his proteges out of Kansas were afterward publicly sold by him in
+Ohio.[215]
+
+
+[Footnote 169: Mr. Quincy also states, that "about a fortnight elapsed,
+when I was called upon by Rufus Green Amory, a lawyer of eminence at the
+Boston bar in that day, who showed me a letter from a Southern
+slaveholder, directing him to prosecute Josiah Quincy for the penalty
+under the law of 1793, for obstructing the agent of the claimant in
+obtaining his slave under the process established by that law. Mr. Amory
+felt, no less than myself, the folly of such a pretence; and I never
+heard from him, or from any one, anything more upon the subject of
+prosecution. This fact, and the universal gratification which the fact
+appeared to give to the public, satisfied my mind, that, unless by
+accident, or stealth, or in some very thin settled part of the country,
+the law of 1793 would be forever inoperative, as the event has proved in
+Massachusetts."--Meeting at Faneuil Hall to protest against the Fugitive
+Slave Law, letter read from Josiah Quincy, Boston Atlas, Oct. 15, 1850;
+Goodell, Slavery and Antislavery, 232; Appendix D, No. 12.]
+
+[Footnote 170: Appendix D, No. 13.]
+
+[Footnote 171: Appendix D, No. 19.]
+
+[Footnote 172: Appendix D, No. 16.]
+
+[Footnote 173: Appendix D, No. 42.]
+
+[Footnote 174: Appendix D, No. 26.]
+
+[Footnote 175: Appendix D, No. 20.]
+
+[Footnote 176: Appendix D, No. 22.]
+
+[Footnote 177: Appendix D, No. 35.]
+
+[Footnote 178: See post, Sec. 81.]
+
+[Footnote 179: _Ante_, Sec. 25.]
+
+[Footnote 180: Appendix D, No. 28; see _post_, Sec. 81.]
+
+[Footnote 181: Appendix D, No. 34.]
+
+[Footnote 182: _Ante_, Sec. 25.]
+
+[Footnote 183: Appendix D, No. 21.]
+
+[Footnote 184: Appendix D, No. 24.]
+
+[Footnote 185: Appendix D, No. 37.]
+
+[Footnote 186: Appendix D, No. 25.]
+
+[Footnote 187: Appendix D, No. 40.]
+
+[Footnote 188: Appendix D, No. 31.]
+
+[Footnote 189: Liberator, Aug. 15, 1845, "The Branded Hand."]
+
+[Footnote 190: Von Holst, IV. 10, 11.]
+
+[Footnote 191: J. F. Clarke, Antislavery Days, 92.]
+
+[Footnote 192: Appendix D, No. 43.]
+
+[Footnote 193: Appendix D, No. 48.]
+
+[Footnote 194: Liberator, April 17, 1851.]
+
+[Footnote 195: Daily Morning Chronicle, April 26, 1851.]
+
+[Footnote 196: Liberator, April 17, 1851.]
+
+[Footnote 197: Appendix D, No. 57.]
+
+[Footnote 198: Boston Journal, May 29, 1854.]
+
+[Footnote 199: Personal statement of Mr. Elbridge Sprague, made to the
+writer. Col. T. W. Higginson suggests a few minor corrections in Mr.
+Sprague's narrative. The first person to step in was an unknown negro:
+the beam used was found in Court Square; none were prepared beforehand;
+there was but one box of axes.]
+
+[Footnote 200: Boston Daily Advertiser, 1854, Worcester Spy, May 31,
+1854, Argument of Mr. R. H. Dana.]
+
+[Footnote 201: Liberator, Aug. 22, 1854.]
+
+[Footnote 202: Von Holst, V. 64.]
+
+[Footnote 203: Appendix D, No. 57.]
+
+[Footnote 204: Commonwealth, June 26, 1854.]
+
+[Footnote 205: Appendix D, No. 58.]
+
+[Footnote 206: See post, Sec. 81.]
+
+[Footnote 207: Appendix D, No. 47.]
+
+[Footnote 208: 31 Cong. 2 Sess., Senate Journal, 187; Congressional
+Globe, 580.]
+
+[Footnote 209: Von Holst, III. 25.]
+
+[Footnote 210: Appendix D, No. 51.]
+
+[Footnote 211: Appendix D, No. 62.]
+
+[Footnote 212: Appendix D, No. 49.]
+
+[Footnote 213: Appendix D, No. 50.]
+
+[Footnote 214: Sanborn, Life and Letters of John Brown, 420; Douglass,
+Life and Times of John Brown, 279, 282.]
+
+[Footnote 215: Von Holst, John Brown, 104.]
+
+
+
+
+CHAPTER IV.
+
+_FUGITIVES AND THEIR FRIENDS._
+
+ Sec. 63. Methods of escape.
+ Sec. 64. Reasons for escape.
+ Sec. 65. Conditions of slave life.
+ Sec. 66. Escapes to the woods.
+ Sec. 67. Escapes to the North.
+ Sec. 68. Use of protection papers.
+ Sec. 69. Fugitives disguised as whites: Craft case.
+ Sec. 70. Underground Railroad.
+ Sec. 71. Rise and growth of the system.
+ Sec. 72. Methods pursued.
+ Sec. 73. Colored agents of the Underground Railroad.
+ Sec. 74. Prosecutions of agents.
+ Sec. 75. Formal organization.
+ Sec. 76. General effect of escapes.
+
+
+=Sec. 63. Methods of escape.=--The great increase in the number of fugitives
+after 1850 was in part due to the uneasiness felt by Northern people
+under a law which made them co-workers with the South in a system of
+slave hunting, and in part to the greater ease of communication now
+afforded between the two sections. The knowledge that there was in the
+North a body of "abolitionists" eager to aid them from bondage to freedom
+was also spreading more widely each day among the slaves.
+
+Public interest in the subject was more and more aroused, not only by the
+cases of cruelty and injustice which were forcibly brought to the
+attention of Northern communities, but also by the romantic and thrilling
+episodes of the escapes. To understand the attitude of the North toward
+fugitives, it is necessary to examine some of the different methods used
+by the fugitives in their flight. Perhaps a better point of view than
+that of the outside observer will be gained by placing ourselves in the
+position of the slave, and examining his motives for flight, the
+difficulties which he encountered at home, the manner in which he
+overcame them, and, finally, the various paths of escape then open to
+him, and the agencies which befriended him and forwarded him on his way.
+
+
+[Sidenote: Reasons for Escape.]
+
+=Sec. 64. Reasons for escape.=--First, why did the slave seek to escape?
+However unlike the attending circumstances, we find upon investigation
+that the negro's desire to run away may be traced to one of but three or
+four motives. Among the more intelligent slaves, who could comprehend the
+nature and injustice of their position, it often rose solely from the
+upspringing in their hearts of that love of freedom natural to all men.
+It is probable that in the greater number of cases this was the motive at
+the root of the matter. A fugitive, on being questioned at an Underground
+Railroad station as to his reasons for escape, replied that he had had a
+kind master, plenty to eat and to wear, but that notwithstanding this for
+many years he had been dissatisfied. He was thirsting for freedom.[216]
+Another said that his owner had always been considerate, and even
+indulgent to him. He left for no other reason than simply to gain his
+liberty.[217]
+
+A second reason, and that which perhaps most frequently led them to take
+the decisive step in this often long premeditated act, was the cruel
+treatment received from their masters. An owner upon one of the Southern
+plantations said his slaves usually ran away after they had been whipped,
+or something had occurred to make them angry.[218]
+
+A third and very effective cause was the fear of being sold South, where
+slave life, spent in toil under the merciless masters of the rice swamps
+and cotton fields, was seen on its darkest side. Such was the horror with
+which the slave regarded this change, that the threat of it was
+constantly used by owners as one of the surest means of reducing their
+rebellious slaves to submission. In the Virginia Slave Mother's Farewell
+to her Daughters who have been sold into Southern bondage, Whittier has
+well expressed their feelings.[219]
+
+Many cases of this kind came to light through the examinations at the
+Underground Railroad stations. Three brothers once learned that the next
+day they were to be sent South with a slave trader then in the vicinity.
+Filled with terror at the prospect, they preferred the danger of death in
+the swamps to the certainty of life in the unknown country. That night
+they made their escape, but it was only after weeks of wandering in
+swamps and morasses that they reached a haven.[220]
+
+So long as a black family remained together upon one plantation, their
+love for one another operated as the strongest bond to prevent their
+departure; but when, as constantly happened, the sale and separation of
+the members scattered families far and wide, with no hope of reunion, the
+firmest and often the sole tie which bound them to the South was broken.
+There was no longer anything to hold them back.[221]
+
+
+=Sec. 65. Conditions of slave life.=--These are some of the motives which
+led the slave to plan an escape. It will now be well to glance at those
+surrounding conditions, incident to the time and country, which made
+successful flight particularly difficult. First, the slave was a negro;
+and in the South, where the presumption was that every black man must be
+a slave, the color of his skin gave not only a means of tracing him, but
+also made him liable at any moment to questioning and arrest.
+
+In both city and country patrols were appointed, whose duty it was to
+keep strict watch over the negroes; and any slave found away from his
+plantation, unless in livery or provided with a pass, could be whipped
+and sent back to his master.[222] It was also lawful for any white man to
+seize and carry a stray slave to the nearest jail.[223] The next morning,
+if not claimed, he was advertised in a manner of which the following is
+an example:--
+
+ "Was taken up and committed to the jail of Halifax Co., on the 26th day
+ of May, a dark colored boy who says his name is Jordan Artis; said boy
+ says he was born free, and bound out to Mr. Beale, near Murfreesboro,
+ Hartford Co., N. C., and is now twenty-one years of age. Owner is
+ requested to come forward, prove property, pay charges, and take said
+ boy away within time prescribed by law, otherwise he will be dealt with
+ as the law directs.
+
+ "O. P. SHELL, _Jailer_.
+
+ "Halifax Co., N. C., June 8, 1855."[224]
+
+If not claimed within one year, such a prisoner could be sold by the
+jailer. Thus Olmsted remarks that "the security of the whites is not so
+much dependent upon patrols, as on the constant, habitual, and
+instinctive surveillance and authority of all white people over the
+blacks."[225]
+
+
+=Sec. 66. Escapes to the woods.=--If an opportunity for escape should
+present itself, the first question for the slave was, "In what direction
+shall I turn?" Many slaves knew nothing of the Northern people, or had
+heard of Canada only as a cold, barren, uninviting country, where the
+negro must perish. To those who had neither the courage nor the knowledge
+requisite for a long journey, the woods and swamps near by offered the
+only refuge. There they built cabins, or lived in caves, and got food by
+hunting and fishing, and by raids upon the neighboring plantations.
+
+In one of the papers of the day an underground den is noticed, the
+opening of which, though in sight of two or three houses, and near roads
+and fields, where passing was constant, had been so concealed by a pile
+of straw, that for many months it had remained unnoticed. When
+discovered, on opening a trap-door, steps were seen leading down into a
+room about six feet square, comfortably ceiled with boards, and
+containing a fire-place. The den was well stocked with food by the
+occupants, who had been missing about a year.[226]
+
+In most cases slaves were not so bold, and preferred concealment on an
+uninhabited island, or a bit of land surrounded by morasses. We often
+find advertisements of the time, mentioning such places as the probable
+refuge of runaways. The Savannah Georgian of 1839 offers a reward for two
+men who have been out for eighteen months, and are supposed to be
+encamped in a swamp near Pine Grove Plantation.
+
+In the Great Dismal Swamp, which extends from near Norfolk, Virginia,
+into North Carolina, a large colony of these fugitive negroes was
+established, and so long was the custom continued that children were
+born, grew up, and lived their whole lives in its dark recesses. Besides
+their hunting and fishing, they sometimes obtained food and money, in
+return for work, from the poor whites and the negroes who had homes on
+the borders of the swamp. It was this practice of remaining out near home
+which, under easy masters, brought about the habitual runaways,--men who
+were constantly escaping, and after a little time returning, often of
+their own accord.[227] One of his masters said of William Browne,
+afterward a well known speaker upon slavery, that he hesitated some time
+before he invested seven hundred dollars in William, for he was "a noted
+runaway."[228] Again, in a Southern paper advertising a sale of slaves,
+one description is thus given: "Number 47, Daniel, a runaway, but has not
+run away during the last two years, aged 28 years."[229]
+
+
+[Sidenote: Escapes to the North.]
+
+=Sec. 67. Escapes to the North.=--Of those who, with heroic hearts and firm
+courage, determined to reach even Canada, many had seldom left the
+plantation on which they were born, and were so completely ignorant of
+geography and relative distances, that the best and quickest way
+northward could seldom be chosen. They knew nothing of the facilities for
+communication possessed by their masters through newspapers and
+telegraph, and would often fancy themselves safe when they had travelled
+but a short distance from home. In reality, the white people about were
+often fully informed against them, and arrests were almost sure to
+follow.[230]
+
+The journeys of the fugitives were necessarily long, since unfrequented
+ways were generally chosen, and but part of the day could be used. There
+is a record of a man who had "taken a whole year in coming from Alabama
+to Cincinnati. He had travelled only in the night, hiding in the woods
+during the day. He had nothing to eat but what he could get from the
+fields, sometimes finding a chicken, green corn, or perhaps a small
+pig."[231]
+
+Although the methods pursued were innumerable, and varied from those of
+the man whose only guide was the north star, to those of the party aided
+onward by the most elaborate arrangements of the Underground Railroad,
+the fugitive was obliged to follow one of two great routes, by water or
+by land. From the earliest times the ship had been a favorite refuge.
+Once on board a craft bound to a Northern port, the fugitive was almost
+certain of reaching that destination, and, once arrived, could hope for
+protection from the Northern friends of whom vague rumors had penetrated
+the South. New laws, therefore, bore more and more heavily upon captains
+who should be found guilty of harboring a slave, and many cases were made
+public of cruel treatment experienced by slaves at the hands of captains
+who sent them directly back. Nevertheless, escapes on shipboard still
+occurred frequently through the years of slavery. A method commonly used
+by women in getting on board was to disarm suspicion by appearing to be
+carrying some freshly laundered clothes to the sailors.
+
+
+=Sec. 68. Use of protection papers.=--Another method called for less
+physical effort on the part of the fugitive, but for greater coolness. It
+was simply to procure from some freeman his protection papers, and to
+show them whenever necessary to disarm suspicion. As the descriptions
+could seldom be made to agree, both giver and receiver were placed in
+situations of the greatest risk. It was thus, however, that Frederick
+Douglass travelled in the most open manner from Baltimore to New York,
+and escaped from a bondage to which he never afterward returned.[232]
+
+
+[Sidenote: Fugitives disguised as Whites.]
+
+=Sec. 69. Fugitives disguised as whites: Craft case.=--Sometimes the boldest
+plans succeeded best if supported by sufficient firmness and presence of
+mind. Three negroes possessed of a considerable sum of money once
+determined upon a plan, startling in its simplicity and success. They
+hired a good travelling coach and horses. They then bribed a white beggar
+to dress as a Virginian gentleman, while they mounted the coach as his
+driver and footmen; and in this guise they successfully made their way
+into Canada.[233]
+
+Another example of unconcealed flight is found in the often told story of
+the escape of William and Ellen Craft, in 1848. They lived in Macon,
+Georgia, and were generally well treated. But Ellen had been compelled to
+go North with her mistress, and leave her little child at home; during
+this absence, the child died uncared for. From that time she determined
+to escape.[234]
+
+William at last arranged a plan which was successfully carried out. Ellen
+was nearly white. She personated a young Southern planter, while William
+accompanied her as her servant. She carried her right arm in a sling so
+that she might not be expected to write, bandaged her smooth face, and
+put on a pair of green goggles. Thus disguised, she succeeded in buying
+tickets for herself and servant without discovery. In the train she was
+terrified to see a gentleman who had known her from childhood. He even
+sat down by her, and spoke, but to her great relief, he saw in her only a
+young invalid going North for his health. From Savannah they took a
+steamer to Charleston. There they had some difficulty in passing
+inspection, but their most dangerous stopping place was Baltimore, where
+every white man with a slave was required to prove his right of property
+before he could be allowed to go on to Philadelphia. After some
+conversation Ellen told the officer that she knew no one in Baltimore,
+and had no proofs that William was her slave; but that he was necessary
+to her on account of her illness, and she must take him on. The officer
+finally relented, as the train was about to start, and Baltimore was
+safely passed.
+
+At Philadelphia shelter was found among the Quakers, and thence they
+pushed on to Boston. Here they engaged the attention of Theodore Parker,
+and he protected them during their stay. William took up his trade of
+cabinet-making, while Ellen added to their income by sewing. They lived
+thus quietly until the passage of the Fugitive Slave Law in 1850. From
+that time, to remain even in Boston was hazardous. Soon after, there
+appeared one day in William's shop a man who had worked with him in the
+South. He immediately suspected the presence of others, and took refuge
+among friends. For two weeks Ellen was with Mr. Parker, who wrote his
+sermons during her stay with his sword in a drawer under his inkstand,
+and a pistol in his desk.
+
+They were then taken to Mr. Ellis Gray Loring's home. Here William showed
+a most honorable spirit. When he found Mr. Loring was not at home he
+would not remain, saying, "I am subjecting him to a heavy fine and
+imprisonment, and I must go at once to look for some other shelter."
+
+His pursuers, who had come from Georgia, were staying at the United
+States Hotel. The knowledge of their object was soon spread abroad, and
+they dared not go into the streets for fear of a mob. Handbills, calling
+attention to them, were placed everywhere, and cries of "Slave hunters!
+there go the slave hunters!" were heard on all sides. At last, they were
+absolutely compelled to leave the city. William and Ellen no longer felt
+safe, and therefore went to England, where the remainder of their life
+was spent in peace.[235]
+
+
+[Sidenote: The Underground Railroad.]
+
+=Sec. 70. Underground Railroad.=--From the preceding sketch of the
+conditions of escape, it is plain that no such numbers as are known to
+have fled could possibly have escaped from their masters' power had they
+depended solely upon their own exertions. From the beginning of the
+antislavery agitation, about 1830, and especially near 1850, a mysterious
+organization made it a business to receive, forward, conceal, and protect
+fugitives. To that organization the name of "Underground Railroad" was
+given, and the many methods used by those connected with it can best be
+given under a more elaborate description of the system.
+
+
+=Sec. 71. Rise and growth of the system.=--The first efforts toward any
+systematic organization for the aid and protection of fugitive slaves are
+found among the Quakers in Pennsylvania. The great number of cases of
+kidnapping which occurred in this State after the passage of the law of
+1793, by their injustice roused people to action in behalf of the free
+blacks; and, their sympathies once enlisted for the colored race, it was
+but a step to the aid of the fugitive negroes.[236] From this time, as
+the number of runaways increased, new agencies were constantly being
+established, until from the slave States to Canada a perfect chain of
+stations was arranged, not more than one day's journey apart.[237] The
+system is said to have extended from Kentucky and Virginia across Ohio,
+and from Maryland, through Pennsylvania and New York, to New England and
+Canada.[238]
+
+As negroes began to disappear, and their masters found themselves unable
+to trace them farther than certain towns in Pennsylvania, they said, in
+bewilderment, "There must be an Underground Railroad somewhere," and this
+expression, suiting the popular fancy, became the general name by which
+the whole system was known.[239]
+
+
+[Sidenote: Operations "Underground."]
+
+=Sec. 72. Methods pursued.=--Although often varied by circumstances, the
+general method of work was always the same. In the South, money was
+usually the motive, and for its sake the managers of the Railroad could
+usually get some one to aid a slave in escaping and crossing the line. In
+the North it was an unselfish, and sometimes dangerous, work of charity.
+
+Fugitives arrived at the first station, ignorant, half-clothed, and
+hungry. There they were fed, and, in order to elude the advertisements
+sent through the States, disguises were provided. For women, the large
+veiled bonnet and plain attire of the Quakeress proved one of the best
+costumes. The men received a slip of paper, with a word or two which
+would be recognized at the next place, and, unless special caution was
+needed, were sent forward on foot. Women and children were often taken in
+close carriages, sometimes constructed for this special purpose.[240]
+
+Stations, that is, the houses of persons known to be interested, were
+reached between sunset and ten o'clock in the evening. A tap at the door
+would rouse some member of the family, and the fugitive would be taken to
+the barn, or some place of concealment.[241] Often, too, these houses
+were not merely places for a night's tarrying, but homes where the ill
+and fatigued might remain and be cared for until strong enough for the
+onward journey.[242]
+
+To conduct people over this long line, and to baffle all plans of their
+pursuers, required quick wit, as well as great courage and coolness.[243]
+So successful were the conductors in this respect, however, that a
+discouraged slave hunter, after a fruitless search, once said it was "as
+easy to find a needle in a haymow as a negro among Quakers."[244]
+
+When fugitives were concealed, and persons desiring to search the house
+appeared, it was the custom to receive the searchers courteously. One of
+the family immediately engaged them in conversation, and offered them
+refreshments. The hunt was thus delayed as long as possible, so that the
+fugitive might be helped away. In one case, while the slave's master was
+thus entertained upon the front piazza, the mistress of the house quietly
+conveyed the hunted negro out at the back door, and placed him under an
+inverted hogshead standing by. Then, with the most unconcerned manner,
+she allowed the man to search until he was satisfied that there could be
+no fugitive in that house.[245]
+
+
+=Sec. 73. Colored agents of the Underground Railroad.=--An example of the
+most courageous and successful action may be found in the life of Harriet
+Tubman,[246] who when a young girl made her escape from slavery alone and
+unassisted. After several years of work in the North, she determined to
+go back for her family. This trip was safely accomplished, and followed
+by others, until during her life she had made nineteen journeys, never
+losing a person. The Rev. James Freeman Clarke gives the following
+account of her methods:--
+
+ "She said she first obtained enough money, then went to Maryland, where
+ she privately collected a party of slaves and got them ready to start.
+ She satisfied herself that they had enough courage and firmness to run
+ the risks. For if once a negro entered her party, there was no falling
+ back. Fully determined herself, she would allow no one to return.
+
+ "She next made arrangements so that they should set out Saturday night,
+ as there would be no opportunity on Sunday for advertising them, so
+ that they had that day's start on their way North. Then she had places
+ prepared where she could be sure that they could be protected and taken
+ care of, if she had the money to pay for that protection. When she was
+ at the North, she tried to raise funds until she got a certain amount,
+ and then went South to carry out this plan. She always paid some
+ colored man to follow after the person who put up the posters
+ advertising the runaway, and pull them down as fast as they were put
+ up."[247]
+
+When she feared the party were closely pursued, she would take them for a
+time on a train southward bound, as no one seeing a company of negroes
+going in this direction would for an instant suppose them to be
+fugitives. As their leader out of bondage, her people gave her the name
+of "Moses," and thus she is generally known.
+
+
+=Sec. 74. Prosecutions of agents.=--Such acts as those daily performed by
+the conductors on the Underground Railroad could not be carried on under
+the existing laws without leading to prosecutions. Large rewards were
+many times offered for Harriet's capture, but she eluded all efforts to
+stop her work. At one time the Maryland legislature offered a reward to
+any person who should secure Thomas Garrett in any public jail in the
+State. He was a Delaware Quaker, who, it is said, helped twenty-nine
+hundred slaves in escaping. The Governor was required to employ the best
+legal skill to prosecute him on the charge of aiding runaways.[248] He
+was afterward tried and fined a sum which consumed his entire property.
+As this was paid, the officer who received it said that he hoped the
+remembrance of this punishment would prevent any further trouble. Mr.
+Garrett, undaunted, replied that they had taken all that he possessed,
+but added, "If thee knows any poor fugitive who wants a breakfast, send
+him to me."[249] In fact, he seemed absolutely fearless. Angry
+slaveholders often called upon him, and demanded their property. He never
+denied knowledge of their slaves, or of having helped them on their way,
+but, in the most quiet manner, positively refused to give information
+concerning them.[250]
+
+
+=Sec. 75. Formal organization.=--In 1838 the first formal organization of
+the Underground Railroad was made, with Robert Purvis as President. It
+was said that two marketwomen in Baltimore were their best helpers. They
+had come into possession of a number of passports, or "freedoms," which
+were used by slaves for part of the distance, and then were returned to
+serve the same purpose again.[251]
+
+In all transactions connected with this organization the greatest secrecy
+was necessarily observed, seldom more than two or three persons at a
+station being allowed any knowledge of it. In the Liberator of 1843, a
+notice is found cautioning people against exposing in any way the methods
+used by fugitives in escaping, as it only helped the pursuers in the next
+case. The fugitives themselves were usually careful in this respect.
+Frederick Douglass absolutely refused until after the abolition of
+slavery to reveal the method of his escape.[252]
+
+Mrs. G. S. Hillard, of Boston, was in the habit of putting fugitives in
+an upper room of her house. A colored man was placed there, and when Mrs.
+Hillard went up to see him, she found he had carefully pulled down all
+the shades at the windows. She told him that there was no danger of his
+being seen from the street. "Perhaps not, Missis," he replied, "but I do
+not want to spoil the place." He was afraid lest some one might see a
+colored face there, and so excite suspicions injurious to the next
+man.[253]
+
+
+=Sec. 76. General effect of escapes.=--Although many fugitives were aided
+previous to 1850, it was after the new law went into effect that the
+great efforts of the Abolitionists were centred on this form of
+assistance. Of such importance did it become, that at the beginning of
+the Civil War one of the chief complaints of the Southern States was the
+injury received through the aid given their escaping slaves by the
+North.[254]
+
+It was, however, really the "safety valve to the institution of slavery.
+As soon as leaders arose among the slaves who refused to endure the yoke,
+they would go North. Had they remained, there must have been enacted at
+the South the direful scenes of San Domingo."[255]
+
+
+[Footnote 216: Still, Underground Railroad, 410.]
+
+[Footnote 217: Ibid., 444.]
+
+[Footnote 218: F. L. Olmsted, Journey in the Back Country, 49.]
+
+[Footnote 219:
+
+ "Gone, gone,--sold and gone
+ To the rice swamp dank and lone,--
+ Where the slave-whip ceaseless swings,
+ Where the noisome insect stings,
+ Where the fever demon strews
+ Poison with the falling dews,
+ Where the sickly sunbeams glare
+ Through the hot and misty air,--
+ Gone, gone,--sold and gone
+ To the rice swamp dank and lone
+ From Virginia's hills and waters,--
+ Woe is me, my stolen daughters!
+
+ "There no mother's eye is near them,
+ There no mother's ear can hear them;
+ Never, when the torturing lash
+ Seams their back with many a gash,
+ Shall a mother's kindness bless them,
+ Or a mother's arms caress them....
+
+ "Oh, when weary, sad, and slow
+ From the fields at night they go,
+ Faint with toil, and racked with pain,
+ To their cheerless homes again,--
+ There no brother's voice shall greet them
+ There no father's welcome meet them."]
+
+[Footnote 220: Still, Underground Railroad, 443.]
+
+[Footnote 221: Ibid., 448.]
+
+[Footnote 222: Williams, History of the Negro Race in America, 293.]
+
+[Footnote 223: Still, Underground Railroad, 27.]
+
+[Footnote 224: F. L. Olmsted, The Cotton Kingdom, 157.]
+
+[Footnote 225: F. L. Olmsted, Journey in the Back Country, 444.]
+
+[Footnote 226: W. I. Bowditch, Slavery and the Constitution; Macon (Ga.)
+Telegram, Nov. 27, 1838.]
+
+[Footnote 227: Ball, Mammoth Pictorial Tour of United States, 54; F. L.
+Olmsted, Journey in the Back Country, 155.]
+
+[Footnote 228: W. I. Bowditch, Slavery and the Constitution; Macon (Ga.)
+Telegram, Nov. 27, 1838.]
+
+[Footnote 229: Liberator, April 12, 1839.]
+
+[Footnote 230: Wm. Parker, Freedman's Story, in Atlantic Monthly,
+February and March, 1866; Letter from Gerrit Smith, in Liberator, Dec.
+28, 1838.]
+
+[Footnote 231: J. F. Clarke, Antislavery Days, 93.]
+
+[Footnote 232: Life and Times of Frederick Douglass, 196.]
+
+[Footnote 233: Appendix D, No. 41; Antislavery Almanac, 74.]
+
+[Footnote 234: J. F. Clarke, Antislavery Days, 83.]
+
+[Footnote 235: Appendix D, No. 41.]
+
+[Footnote 236: Smedley, The Underground Railroad, 26.]
+
+[Footnote 237: Lalor's Cyclopaedia, I. 5; Williams, History of the Negro
+Race in America, II. 58, 59.]
+
+[Footnote 238: Clarke, Antislavery Days, 81.]
+
+[Footnote 239: Smedley, The Underground Railroad, 35.]
+
+[Footnote 240: Ibid., 64, 138.]
+
+[Footnote 241: Ibid., 568-570.]
+
+[Footnote 242: Ibid., 172.]
+
+[Footnote 243: Ibid., 34.]
+
+[Footnote 244: Ibid., 146.]
+
+[Footnote 245: Smedley, Underground Railroad, 58.]
+
+[Footnote 246: Harriet, the Moses of her People.]
+
+[Footnote 247: Clarke, Antislavery Days, 81.]
+
+[Footnote 248: Liberator, March 2, 1860.]
+
+[Footnote 249: Pamphlet proposing a Defensive League of Freedom, 6.]
+
+[Footnote 250: Smedley, Underground Railroad, 241.]
+
+[Footnote 251: Ibid., 355.]
+
+[Footnote 252: Douglass, My Bondage and Freedom, 323.]
+
+[Footnote 253: J. F. Clarke, Antislavery Days, 83.]
+
+[Footnote 254: Lalor's Cyclopaedia, I. 5; Congressional Globe, 36 Cong. 1
+Sess., Appendix, 250.]
+
+[Footnote 255: Williams, History of the Negro Race in America, II. 58,
+59.]
+
+
+
+
+CHAPTER V.
+
+_PERSONAL LIBERTY LAWS._
+
+ Sec. 77. Character of the personal liberty laws.
+ Sec. 78. Acts passed before the Prigg decision (1793-1842).
+ Sec. 79. Acts passed between the Prigg decision and the second
+ Fugitive Slave Law (1842-1850).
+ Sec. 80. Acts occasioned by the law of 1850 (1850-1860).
+ Sec. 81. Massachusetts acts.
+ Sec. 82. Review of the acts by States.
+ Sec. 83. Effect of the personal liberty laws.
+
+
+=Sec. 77. Character of the personal liberty laws.=--The personal liberty
+laws were statutes passed in the Northern States whose object was to
+defeat in some measure the national Fugitive Slave Law. Often their
+ostensible purpose was to protect the free negroes from kidnappers, and
+to this end they secured for the alleged fugitive the privilege of the
+writ of habeas corpus, and the trial by jury. Sometimes, however, they
+frankly avowed their aim as a deliberate attempt to interfere with the
+execution of the United States statutes. In the following examination of
+these laws, they will be considered first chronologically, and afterward
+more minutely according to their subject matter. In previous chapters we
+have noticed many instances wherein fugitives have been befriended by
+individuals, or by organizations like the Antislavery Societies or the
+Underground Railroad. But the action of the State governments in the
+personal liberty bills, from the time the Fugitive Slave Act of 1793
+began to be executed to the outbreak of the Civil War, showed that the
+dissatisfaction of the North was fundamental, and was not confined merely
+to the few in the van of the Antislavery movement.
+
+
+[Sidenote: Analysis.]
+
+=Sec. 78. Acts passed before the Prigg decision (1793-1842).=--Although the
+so-called personal liberty laws were not passed until about 1840,
+Indiana[256] and Connecticut[257] had before that time provided that on
+appeal fugitives might have a trial by jury. The Connecticut law, in
+contrast to the hostile spirit of later legislation, was entitled, "An
+Act for the fulfilment of the obligation of this State imposed by the
+Constitution of the United States in regard to persons held to service or
+labor in one State escaping into another, and to secure the right of
+trial by jury in the cases herein mentioned." Notwithstanding this
+preamble, the law provided for fining State officials who might take part
+in fugitive slave cases.
+
+The first definite personal liberty laws were passed by Vermont[258] and
+New York,[259] in 1840, and were entitled Acts "to extend the right of
+trial by jury." They not only insured jury trial, but also provided
+attorneys to defend fugitives. This was the only law of the kind New York
+ever passed, and proved of little value, since it soon fell into disuse,
+and was almost forgotten.
+
+
+=Sec. 79. Acts passed between the Prigg decision and the second Fugitive
+Slave Law (1842-1850).=--After the Prigg decision in 1842, wherein it was
+declared that the law must be executed through national powers only, and
+that State authorities could not be forced into action,[260] a new class
+of statutes sprang up. The State legislatures seized the opportunity
+afforded them by Judge Story's opinion, to forbid State officers from
+performing the duties required of them by the law of 1793, and prohibited
+the use of State jails in fugitive slave cases. Such laws were passed in
+Massachusetts,[261] Vermont,[262] Pennsylvania,[263] and Rhode
+Island.[264] In 1844, Connecticut repealed her act of 1838, as being then
+unconstitutional, but retained the portion forbidding State officers to
+participate in the execution of the law.
+
+
+=Sec. 80. Acts occasioned by the law of 1850 (1850-1860).=--The provisions
+of the law of 1850 roused yet more opposition in the North, and before
+1856 many of the States had passed personal liberty bills. The new
+national law avoided the employment of State officers. This change in the
+statute brought about a corresponding alteration in the State
+legislation, and we therefore find the acts of this period differing
+somewhat from those of earlier years. They almost invariably prohibited
+the use of State jails, they often forbade State judges and officers to
+issue writs or to give assistance to the claimant, and punished severely
+the seizure of a free person with the intent to reduce him to slavery.
+
+Should an alleged fugitive be arrested, the personal liberty acts were
+intended to secure him a trial surrounded by the usual legal safeguards.
+The identity of the person claimed was to be proved by two witnesses; or
+they gave him the right to a writ of habeas corpus; or they enjoined upon
+the court to which the writ was returnable a trial by jury. At the trial
+the prisoner must be defended by an attorney, frequently the State or
+county attorney, and a penalty was provided for false testimony. Any
+violation of these clauses by State officers was punished by penalties
+varying from five hundred dollars and six months in jail, as in
+Pennsylvania, to the maximum punishment in Vermont, of two thousand
+dollars' fine and ten years in prison.
+
+Such acts were passed in Vermont,[265] Connecticut,[266] and Rhode
+Island,[267] in Massachusetts,[268] Michigan,[269] and Maine.[270] Later,
+laws were also enacted in Wisconsin,[271] Kansas,[272] Ohio,[273] and
+Pennsylvania.[274] Of the other Northern States, two only, New Jersey and
+California, gave any official sanction to the rendition of fugitives. In
+New Hampshire, New York, Indiana, Illinois, Iowa, and Minnesota, however,
+no full personal liberty laws were passed.[275]
+
+
+=Sec. 81. Massachusetts acts.=--Let us now examine the purport of these acts
+in the various States. The general tenor and effect are best seen in
+Massachusetts, which may be selected as a typical State. In 1837,
+Massachusetts passed a law "to restore the trial by jury, on questions of
+personal freedom." This secured to the prisoner a writ of personal
+replevin, which was to be issued from and returnable to the Court of
+Common Pleas for the county in which the plaintiff was confined, and was
+to be issued fourteen days at least before the return day. If the
+prisoner were secreted, the court might send out a capias to take the
+body of the defendant. This act allowed an appeal to the Supreme Judicial
+Court.
+
+In 1842, the Latimer case[276] occurred. This so aroused public sentiment
+that a great petition, signed by sixty-five thousand people, was sent to
+the legislature, asking for a new personal liberty law. On the basis of
+the Prigg decision, a law was enacted which forbade State magistrates to
+issue certificates or take cognizance of the law of 1793, and withheld
+the use of State jails for the imprisonment of fugitives.[277]
+
+In 1851, in the Shadrach case,[278] there was opportunity for testing the
+value of this law. The fugitive was not indeed confined in any jail, but
+there was little difficulty in providing a place of detention, and the
+court-house was secured. In this year, acting upon a clause in the
+Governor's message, which treated of the new Fugitive Slave Law of 1850,
+a committee in the legislature made a report, accompanied by resolutions
+and a bill further to protect personal liberty; but no law was passed,
+and there the matter rested until 1855.[279]
+
+After the Sims[280] and Burns[281] cases, in which the court-houses were
+again used in the place of jails, the heat of public indignation led to
+petitions to the legislature asking for a more stringent personal liberty
+law. A joint committee prepared a bill, which was passed, but was vetoed
+by Governor Gardner, who had been advised by the Attorney General that
+some of the clauses were unconstitutional. But so strong was the
+influence in its favor that it was passed over the veto by a two-thirds
+vote.[282] The feeling that it was probably unconstitutional, however,
+must have strengthened in the next three years: for in 1858[283] we find
+another act which amended the act of 1855. This limited some provisions,
+and repealed the following sections: the tenth, which required that any
+person who should give a certificate that a person claimed as a fugitive
+was a slave should forfeit any State office he might hold; the eleventh,
+which forbade any person acting as attorney for a claimant to appear as
+counsel or attorney in the State courts; the twelfth, which made a
+violation of the preceding section sufficient ground for the impeachment
+of any officer of the Commonwealth; the thirteenth, which forbade any
+United States officer empowered to give certificate or issue warrants
+from holding a State office; and the fourteenth, which made liable to
+removal any person holding a State judicial office who should also hold
+the office of Commissioner.
+
+
+[Sidenote: Review of the Acts by States.]
+
+=Sec. 82. Review of the acts by States.=--Of the other New England States,
+Maine had no personal liberty law until 1855.[284] Two years after,
+however, in 1857,[285] a portion of an act declaring free all slaves
+brought by their masters into that State was devoted to a provision "to
+punish any attempt to exercise authority over them."
+
+In New Hampshire, one of the laws of 1857[286] enacted that every person
+holding any person as a slave for any length of time, under any pretence,
+should be deemed guilty of felony; but provided that this should not
+apply to United States officers executing any legal process.
+
+Vermont, by an act in 1840,[287] extended to fugitives the right of trial
+by jury, but after three years this was repealed,[288] only to be renewed
+in 1850.[289]
+
+Connecticut, as has been noticed, had no personal liberty law. Rhode
+Island first passed such an act in 1848.[290] This forbade State officers
+to take cognizance of fugitive slave cases, and the use of State jails.
+Another statute, in 1854,[291] extended these provisions so as to apply
+to the national law of 1850.
+
+The act of 1840 was the only Personal Liberty Law of New York.[292]
+Pennsylvania, some seven years later, forbade the use of jails, and
+punished State officers for participating in fugitive slave cases.[293]
+It also enacted a regulation of the same character as late as 1860.
+
+Ohio made but one provision on the subject, and that lasted but a year.
+Her jails were closed to suspected slaves in 1857,[294] but in 1858 this
+law was repealed.[295]
+
+Michigan passed such an act in 1855,[296] with the usual clauses on the
+use of jails and jury trial, and imposed a fine on false testimony
+against the defendant.
+
+In 1858 Wisconsin and Kansas also passed similar acts.[297]
+
+
+=Sec. 83. Effect of the personal liberty laws.=--Since the avowed purpose of
+these laws was to obstruct the execution of one of the United States
+statutes, national and State legislation were thus brought into direct
+conflict; but the Fugitive Slave Law was held constitutional by the
+Supreme Court, and any attempt to prevent its enforcement by positive
+means, however righteous from an ethical standpoint, must be considered
+an infraction of the Constitution, and of the common understanding
+between the States, on which the Union was founded.[298] The provisions
+denying the use of State institutions and officers, though distinctly
+unfriendly, were not unconstitutional. Many of the Abolitionists,
+however, held the national law to be unconstitutional, and at the same
+time morally so repugnant that it ought never to be executed.[299] The
+State laws were brought up by South Carolina, in her declaration of the
+causes of secession, as one of the chief grievances against the North;
+and President Buchanan, in his Message of 1860,[300] said they were "the
+most palpable violations of constitutional duty which had yet been
+committed." They must certainly be classed in principle with the
+Nullification Ordinance of 1832. Indeed, the legislature of Wisconsin,
+after the Supreme Court had overridden the decision of the State courts
+in the case of Ableman v. Booth that the national law was contrary to the
+national Constitution, passed some resolutions in which a "positive
+defiance is urged as the 'rightful remedy'" against such
+legislation.[301]
+
+
+[Footnote 256: Revised Laws of Indiana, 1824, p. 221.]
+
+[Footnote 257: Laws of Connecticut, 1838, p. 32.]
+
+[Footnote 258: Acts and Resolves of Vermont, 1840, p. 13.]
+
+[Footnote 259: Laws of New York, 1840, p. 174.]
+
+[Footnote 260: See _ante_, Sec. 27.]
+
+[Footnote 261: Laws of Massachusetts, 1843, p. 33.]
+
+[Footnote 262: Acts and Resolves of Vermont, 1843, p. 11.]
+
+[Footnote 263: Laws of Pennsylvania, 1847, p. 206.]
+
+[Footnote 264: Acts and Resolves of Rhode Island, 1848, p. 12.]
+
+[Footnote 265: Laws of Vermont, 1850, p. 9.]
+
+[Footnote 266: Public Acts of Connecticut, 1854, p. 80.]
+
+[Footnote 267: Laws of Rhode Island, 1854, p. 22.]
+
+[Footnote 268: Laws of Massachusetts, 1855, p. 924; 1858, p. 151.]
+
+[Footnote 269: Laws of Michigan, 1855, p. 415.]
+
+[Footnote 270: Laws of Maine, 1857, p. 38.]
+
+[Footnote 271: Lalor, III. 162.]
+
+[Footnote 272: Lalor, III. 162.]
+
+[Footnote 273: Laws of Ohio, 1857, p. 170; 1857, p. 10.]
+
+[Footnote 274: Lalor, III. 162.]
+
+[Footnote 275: The following tabulation shows the provisions of the
+personal liberty laws as distributed among the States:--
+
+ _Judges and justices forbidden to take cognizance._
+ Massachusetts, 1843;
+ Vermont, 1843;
+ Connecticut, 1838;
+ Rhode Island, 1854;
+ Maine, 1855;
+ Pennsylvania, 1847.
+
+ _Writ of habeas corpus._
+ Massachusetts, 1855;
+ Michigan, 1855;
+ Maine, 1857;
+ Connecticut, 1838 and 1844.
+
+ _Jury trial._
+ Indiana, 1824;
+ New York, 1840;
+ Vermont, 1840, 1850, and 1858;
+ Connecticut, 1838;
+ Michigan, 1855;
+ Massachusetts, 1855.
+
+ _Use of jails forbidden._
+ Massachusetts, 1843 and 1855;
+ Vermont, 1843 and 1858;
+ Pennsylvania, 1847;
+ Rhode Island, 1848;
+ Maine, 1855;
+ Michigan, 1855;
+ Ohio, 1857.
+
+ _Attorneys employed to defend fugitives._
+ New York, 1840;
+ Vermont, 1840;
+ Massachusetts, 1855;
+ Maine, 1857.
+
+ _False testimony punished._
+ Connecticut, 1838 and 1844;
+ Michigan, 1855.
+
+ _Admission of national officers._
+ Connecticut, 1838 and 1844;
+ Vermont, 1844;
+ Maine, 1855;
+ New Hampshire, 1857.]
+
+[Footnote 276: See _ante_, Sec. 44.]
+
+[Footnote 277: Laws of Massachusetts, 1843, p. 33.]
+
+[Footnote 278: See _ante_, Sec. 57.]
+
+[Footnote 279: Parker, Personal Liberty Laws, 27.]
+
+[Footnote 280: See _ante_, Sec. 54.]
+
+[Footnote 281: See _ante_, Sec. 55.]
+
+[Footnote 282: Parker, Personal Liberty Laws, 27; Laws of Massachusetts,
+1855, p. 924; Appendix D, No. 60, case of William Johnson.]
+
+[Footnote 283: Laws of Massachusetts, 1858, p. 151.]
+
+[Footnote 284: Acts and Resolves of Maine, 1855, p. 207.]
+
+[Footnote 285: Ibid., 1857, p. 38.]
+
+[Footnote 286: Acts and Resolves of New Hampshire, 1857, p. 1876.]
+
+[Footnote 287: Acts and Resolves of Vermont, 1840, p. 13.]
+
+[Footnote 288: Laws of Vermont, 1843, p. 11.]
+
+[Footnote 289: Ibid., 1850, p. 9.]
+
+[Footnote 290: Acts and Resolves of Rhode Island, 1848, p. 12.]
+
+[Footnote 291: Laws of Rhode Island, 1854, p. 22.]
+
+[Footnote 292: Laws of New York, 1840, p. 174.]
+
+[Footnote 293: Laws of Pennsylvania, 1847, p. 206.]
+
+[Footnote 294: Laws of Ohio, 1857, p. 170.]
+
+[Footnote 295: Laws of Ohio, 1858, p. 10.]
+
+[Footnote 296: Laws of Michigan, 1855, p. 415.]
+
+[Footnote 297: Lalor, III. 162.]
+
+[Footnote 298: Hurd, Law of Freedom and Bondage, II. 763; Von Holst, IV.
+551; Parker, Personal Liberty Laws.]
+
+[Footnote 299: Phillips, No Slave Hunting in the Old Bay State;
+Phillips, Argument against repeal of Personal Liberty Law; Pierce,
+Personal Liberty Law, 4; Johnson, Speech on Personal Liberty Law, New
+York, 1861.]
+
+[Footnote 300: 36 Cong. 2 Sess., Congressional Globe, Appendix, 2.]
+
+[Footnote 301: Lalor, III. 162.]
+
+
+
+
+CHAPTER VI.
+
+_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.
+
+"SEC. 3. _And be it also enacted_, That when a person held to labour in
+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.
+
+
+=13. Alphabetical list of works.=
+
+This list includes all the books and articles which have been of service
+in preparing the monograph, except a few of the general histories.
+
+
+=Adams, Charles Francis, Jr.= Richard Henry Dana: a Biography. 2 vols.
+Boston, 1890.
+
+=Allen, H. W.= Trial of U. S. Deputy Marshal for Kidnapping, etc.
+Syracuse, 1852.
+
+=Amherstburg Quarterly Mission Journal=, Amherstburg, Canada West.
+
+=Antislavery Almanacs=, miscellaneous collection of, in the Library of
+Harvard College.
+
+=Antislavery Pamphlets=, miscellaneous collection of, unsuitable for
+binding, in the Library of Harvard College.
+
+=Antislavery Societies=, Annual Reports of.
+
+=Ball, J. P.= Mammoth Pictorial Tour of the United States, compiled for
+a Panorama. Cincinnati, 1855.
+
+=Bayard, James.= A Brief Exposition of the Constitution of the United
+States. Philadelphia, 1845.
+
+=Bearse, Anthony.= Remembrances of Fugitive Slave Law Days in Boston.
+Boston, 1880. pp. 41.
+
+=Birney, J. G.= Examination of the Decision of the Supreme Court of the
+United States in the Case of Strader, Gorman, and Armstrong _vs._
+Christopher Graham, 1850. Cincinnati, 1851. pp. 47.
+
+=Bledsoe, Albert T.= An Essay on Liberty and Slavery. Philadelphia,
+1887. pp. 383.
+
+=Boston Slave Riot and Trial of Anthony Burns.= Boston, 1854.
+
+=Bowditch, H. I.= To the Public. [Defence of his conduct in the case of
+Latimer against the charges of J. B. Gray.] Boston, 1842. pp. 11.
+
+=Bowditch, W. I.= The Rendition of Anthony Burns. Boston, 1854. pp. 40.
+
+=----.= The United States Constitution a Pro-slavery Instrument. New
+York, 1855. pp. 12.
+
+=Bowen, C. W.= Arthur and Lewis Tappan, a Paper read at the Fiftieth
+Anniversary of the New York City Antislavery Society, Oct. 2, 1883. New
+York, 1883. (?) pp. 116.
+
+=Bowen, F.= Fugitive Slaves. In _North American Review_, LXXI. 252.
+(July, 1850.)
+
+=Brown, W. W.= Narrative of a Fugitive Slave. Boston, 1848. pp. 144.
+
+=Bump, O. F.= Notes of Constitutional Decisions, being the Digest of the
+Provincial Interpretations of the Constitution of the United States,
+etc. New York, 1878.
+
+=Canada Mission=, 7th Annual Report of. Rochester, N. Y.
+
+=Case of William R. Chaplin=, etc. Boston, 1851. pp. 54.
+
+=Chambers, William.= American Slavery and Color. London, 1857.
+
+=Chase, S. P.= Reclamation of Fugitive Slaves from Service, an Argument
+for the Defendant, submitted to the Supreme Court of the United States
+at December Term, 1840, in Case of W. Jones _vs._ John Van Zandt.
+Cincinnati, 1847. pp. 108.
+
+=Child, Lydia Maria.= The Duty of Disobedience to the Fugitive Slave Act
+(an Appeal to the Legislators of Mass.). Boston, 1860. pp. 36.
+
+=----.= Isaac T. Hopper (a True Life). Boston, 1853. pp. 120.
+
+=----.= Letters of Lydia Maria Child. Boston, 1883.
+
+=Clarke, James Freeman.= Antislavery Days. New York, 1884.
+
+=Clarke, Lewis and Milton=, Narrative of the Sufferings of, among the
+Slaveholders of Kentucky. Boston, 1848. pp. 144.
+
+=Cobb, T. R.= Historical Sketch of Slavery. Philadelphia, 1836.
+
+=Coffin, L.= (President of Underground Railroad). Reminiscences of a
+Lifetime spent in Behalf of the Slave. Cincinnati, 1876.
+
+=Constitutional Provision, The=, respecting Fugitives from Justice, and
+the Act of Congress, Sept. 18, 1850. Boston, 1852.
+
+=Cooley, Thomas M.= The General Principles of Constitutional Law in the
+United States of America. Boston, 1880. pp. 376.
+
+=Daggs (Ruel)= _vs._ =Elihu Frazier et als.= Fugitive Slave Case,
+Southern Division of Iowa. Burlington, 1850. pp. 40.
+
+=Deane, Charles, and Moore.= Slavery in Massachusetts. Connecticut,
+1877.
+
+=Desty, Robert.= Constitution of the United States, with Notes by Robert
+Desty, etc. San Francisco, 1887.
+
+=Douglass, Frederick.= Narrative of his Life. Written by himself.
+Boston, 1845.
+
+=----.= Life and Times of Frederick Douglass. Hartford, 1881-82.
+
+=Drayton, Daniel.= Personal Memoirs of, for four years and four months
+(a prisoner for charity's sake in Washington Jail), including Narrative
+of Voyage and Capture of Schooner Pearl. New York, 1855.
+
+=Drew, Benjamin.= North Side View of Slavery, or Narrative of a Refugee
+in Canada, with an Account of the History of the Colored Population in
+Upper Canada. Boston, 1856.
+
+=Eliot, W. G.= The Story of Archer Alexander from Slavery to Freedom.
+Boston, 1885.
+
+=Elliott, Chas. W.= The New England History, from the Discovery of the
+Continent by the Northmen, A. D. 986, to the Period when the Colonies
+declared their Independence, A. D. 1776. 2 vols. New York, 1857.
+
+=Friend, By A.= The Experiences of Thomas Jones, who was for forty-three
+years a Slave. Boston, 1850.
+
+=Frothingham, O. B.= Life of Gerrit Smith. A Biography. New York, 1878.
+pp. 381.
+
+=Fugitive Slave Bill= enacted by U. S. Congress, and approved by
+President Fillmore, Sept. 8, 1850. Boston, 1854. pp. 7.
+
+=Fugitive Slaves.= In Democratic Review, XXVIII. 57 (April, 1851).
+
+=Furness, W. H.= The Moving Power. A Discourse delivered in the First
+Congregational Unitarian Church in Philadelphia, Feb. 9, 1851, after the
+occurrence of a Fugitive Slave Case. Philadelphia, 1851.
+
+=Garrison, Wendell Phillips=, and =Garrison, Francis Jackson.= William
+Lloyd Garrison, 1805-1879: the Story of his Life, told by his Children
+[Wendell Phillips Garrison and Francis Jackson Garrison]. 4 vols., 8vo.
+New York, 1885.
+
+=Giddings, J. R.= The Exiles of Florida, or Crimes committed by our
+Government against Maroons who fled from South Carolina, etc. Columbus,
+O., 1858.
+
+=Goodell, William.= Views of American Constitutional Law in its Bearings
+upon American Slavery. 2d ed. Utica, N. Y., 1845.
+
+=Goodloe, D. R.= The Southern Platform, or Manual of Southern Sentiments
+on the Subject of Slavery. Boston, 1858.
+
+=Gray, A. F.= (?) Letter to W. H. Seward touching the Surrender of
+certain Fugitives from Justice. New York, 1841.
+
+=Great Britain.= British Documents, Parliament of Great Britain,
+Correspondence respecting Case of Fugitive Slave Anderson. London, 1861.
+
+=Greeley, Horace.= The American Conflict; a History of the Great
+Rebellion, 1860-65; its moral and political Phases, with the Drift and
+Progress of America respecting Human Slavery from 1776. 2 vols., 8vo.
+Hartford, 1864.
+
+=Green, William= (formerly a slave), Narrative of Events in the Life of.
+Written by himself. Springfield, 1853. pp. 23.
+
+=Hawkins, W. G.= Lunsford Lane, or Another Helper from North Carolina.
+Boston, 1863.
+
+=Helper, H. R.= The Impending Crisis in the South, and How to Meet it.
+New York, 1860. pp. 420.
+
+=Henson, Josiah.= Life of J. Henson, formerly a Slave, now an Inhabitant
+of Canada, as narrated by himself.
+
+=Hildreth, R.= The Slave, or Memoirs of Archy Moore. Boston, 1840.
+
+=Hopper, I. T.= Thomas Cooper. New York, 1837.
+
+=Hossack, John.= Speech of John Hossack, convicted of Violation of the
+Fugitive Slave Law, before Judge Drummond of the United States District
+Court, Chicago, Ill. New York, 1860. pp. 12.
+
+=Howe, S. G.= Refugees from the South in Canada West. Report to
+Freedman's Inquiry Committee. Boston, 1864.
+
+=Hurd, J. C.= The Law of Freedom and Bondage. 2 vols. New York, 1858,
+1862.
+
+=----.= Topics of Jurisprudence connected with the Condition of Freedom
+and Bondage. New York, 1856. pp. ix, 113.
+
+=Hurd, R. C.= Treatise on the Right of Personal Liberty, and on the Writ
+of Habeas Corpus, and Practice connected with it, with a View of the Law
+of Extradition of Fugitives. Albany, 1858.
+
+=Joliffe, John.= In the Matter of George Gordon's Petition for Pardon.
+John Joliffe's Argument for Petitioner. Cincinnati, 1862.
+
+=Kane, Judge.= District Court of the United States for the Eastern
+District of Pennsylvania. United States of America, ex relatione
+Wheeler, _vs._ Williamson. Opinion of Judge Kane, Oct. 12, 1855.
+Philadelphia, 1855. pp. 20.
+
+=Kemble, Frances Anne.= Journal of a Residence on a Georgian Plantation
+in 1836-39. New York, 1863.
+
+=Kent, J.= Commentaries on American Law. 4 vols. Boston, 1884.
+
+=Kidnapping.= _African Observer_, May, 1837.
+
+=Kingsbury, Harmon.= The Fugitive Slave Bill, its History and
+Unconstitutionality: with an Account of the Seizure and Enslavement of
+James Hamlet and his subsequent Restoration to Liberty (with Appendix).
+New York, 1850.
+
+=Larned, E. C.= Argument on the Trial of Joseph Stout, indicted for
+rescuing a Fugitive Slave from a United States Deputy Marshal at Ottawa,
+Ill., Oct. 20, 1859, delivered March 12 and 13, 186-. Chicago, 186-. pp.
+43.
+
+=----.= The new Fugitive Slave Law. Speech of E. C. Larned, Chicago,
+Oct. 25, 1850. Chicago, 1850.
+
+=Latimer Case.= From the _Law Reporter_, March, 1843. Boston, 1843. pp.
+10.
+
+=Letter= to His Excellency, William H. Seward, Governor of the State of
+New York, touching the Surrender of certain Fugitives from Justice. New
+York, 1841. pp. 101.
+
+=Lord, J. C.= The Higher Law in its Application to the Fugitive Slave
+Bill. Buffalo, 1851.
+
+=Madison, James.= The Constitution a Pro-slavery Compact. New York,
+1844.
+
+=Mann, Horace.= Fugitive Slave Law. Boston, 1851.
+
+=Massachusetts Senate.= Various Documents. Senate, 1851, No. 89
+(examination of Sims Case).
+
+=May, S. J.= American Antislavery Society. The Fugitive Slave Law and
+its Victims. New York, 1856, 1861.
+
+=----.= Catalogue of Antislavery Publications in America, 1750-1830.
+
+=Moore, G. H.= Notes on the History of Slavery in Massachusetts. New
+York, 1866.
+
+=Narrative= of Facts in the Case of Passmore Williamson. Philadelphia,
+1855.
+
+=Narrative= of Solomon Northrup, a Citizen of New York, kidnapped in
+Washington in 1844, and rescued in 1853 from a Cotton Plantation near
+Red River, Louisiana. Cincinnati, H. W. Derby.
+
+=Needles, Edward.= Historical Memoir of the Pennsylvania Society for
+Promoting the Abolition of Slavery. Philadelphia, 1848.
+
+=New York Court of Appeals=, Report of the Lemmon Slave Case. New York,
+1861. pp. 446.
+
+=New York Legal Observer=, Supplement to, containing Report of the Case
+In the Matter of George Kirk, a Fugitive Slave, heard before J. W.
+Edmunds, Circuit Judge; also the Argument of John Jay, Counsel for the
+Slave. New York, 1844. pp. 20.
+
+=Oberlin-Wellington Rescue.= New Englander, XVII. 686.
+
+=Olmsted, F. L.= The Cotton Kingdom. 2 vols. New York, 1861.
+
+=Paine, Byron=, and =Smith, A. D.= Unconstitutionality of the Fugitive
+Slave Act. Argument of A. D. Smith. Milwaukee, 1854. pp. 35.
+
+=Paine, L. W.= Six Years in a Georgia Prison. Narrative of L. W. Paine,
+who suffered Imprisonment for aiding Slaves to escape from that State
+after he had fled from Slavery. Boston, 1852.
+
+=Parker, Joel.= Personal Liberty Laws (State of Massachusetts) and
+Slavery in the Territories (Case of Dred Scott). Boston, 1861. pp. 97.
+
+=Parker, Theodore.= Anthony Burns. [Collection made and arranged in the
+form of a scrap-book by Theodore Parker, whose Autograph and Manuscript
+it contains.] Boston Public Library.
+
+=Peabody, Andrew Preston.= [Address before the New England
+Historic-Genealogical Society, May 6, 1891.]
+
+=Peabody, E.= Narratives of Fugitive Slaves. _Christian Examiner_,
+XLVII. 61.
+
+=Phillips, Wendell.= Argument of Wendell Phillips, Esq., against Repeal
+of the Personal Liberty Laws before the Committee of the Legislature,
+Tuesday, January 29, 1861. Boston, 1861.
+
+=----.= No Slave Hunting in the Old Bay State, before Committee on
+Federal Relations, H. R., Thursday, Feb. 17, 1859. Boston, 1859.
+
+=----.= Speech in the House of Representatives of Massachusetts before
+the Committee on Federal Relations [against the recapture of fugitive
+slaves]. Boston, 1859.
+
+=Pickard, Mrs. K. E. R.= The Kidnapped and the Ransomed. Personal
+Reflections of Peter Still and his Wife Vina after Forty Years of
+Slavery. Syracuse, New York, 1856.
+
+=Pierce, E. L.= Remarks of E. L. Pierce before the Committee of the
+Legislature of Massachusetts on the General Statutes relating to
+Personal Liberty, at their Hearing of Feb. 1, 1861. Boston, 1861.
+
+=Pomeroy, J. N.= An Introduction to the Constitutional Laws of the
+United States. Boston, 1868.
+
+=Poole, W. F.= Sketch of Antislavery Opinion before Year 1800. An Essay
+read before the Cincinnati Literary Club, Nov. 16, 1872. Cincinnati,
+1873.
+
+=Randolph, Peter=, an emancipated slave. Sketches of Slave Life. Boston,
+1855. pp. 82.
+
+=Rantoul, Robert.= Speech at Lynn, April 3, 1852, on the Fugitive Slave
+Law. Speech in Congress on June 11, 1852, on the Constitutionality of
+the Fugitive Slave Law.
+
+=Rendition of Fugitive Slaves.= Acts of 1793 and 1850, and Decisions of
+the Supreme Court sustaining them. The Dred Scott Case. 1860. pp. 15.
+
+=Refugees' Home Society=, Report of Committee. Winsor, 1852. pp. 8.
+
+=Report= of the Trial of Castner Hanway for Treason, etc. Philadelphia,
+1852. pp. 275.
+
+=Report= of the Case of Edward Prigg against the Commonwealth of
+Pennsylvania in Superior Court. Philadelphia, 1842.
+
+=Roper, Moses=, Narrative of the Adventures and Escape of, from American
+Slavery. Philadelphia, 1838. pp. 89.
+
+=Sergeant, Thomas.= On Constitutional Law. Philadelphia, 1830.
+
+=Seward, W. H.= John Van Zandt, etc., Argument for Defendant by W. H.
+Seward. Albany, 1847. pp. 40.
+
+=Sherman, H.= Slavery in the United States; from the Establishment of
+the Confederation to the present Time. Hartford, 1860. pp. 60.
+
+=Shipherd, J. R.= History of Oberlin-Wellington Rescue. Boston, 1859.
+
+=Smedley, R. C., M. D.= History of the Underground Railroad in Chester
+and neighboring Counties of Pennsylvania. Lancaster, Pa., 1883. pp. 395.
+
+=Smith, Gerrit.= Argument on the Fugitive Slave Law, June, 1852, on the
+Trial of H. W. Allen for Kidnapping. Syracuse. pp. 32. No date.
+
+=South Bend Fugitive Slave Case, The.= (John Ames _vs._ L. B. Newton.)
+New York. pp. 24.
+
+=Spooner, L.= A Defence for Fugitive Slaves against the Acts of Congress
+of Feb. 12, 1793, and Sept. 18, 1850. Boston, 1850. Pam.
+
+=Stearns, Charles.= Narrative of Henry Box Brown, who escaped from
+Slavery enclosed in a Box three feet long and two wide. Boston, 1849.
+
+=Stearns, Charles.= The "Fugitive Slave Law of the United States."
+
+=Stevens, C. E.= Anthony Burns (a Fugitive Slave). A History. Boston,
+1856.
+
+=Still, W.= The Underground Railroad. Philadelphia, 1872.
+
+=Stroud, G. M.= Sketch of Laws relative to Slavery in the several States
+of the United States of America. Philadelphia, 1827. pp. 128.
+
+=Sumner, Charles.= Fugitive Slaves. _Brownson_, XI. 487 (October, 1854).
+
+=Tappan, Arthur.= The Life of. New York, 1870.
+
+=Thomas, B. F.= A few Suggestions to a Friend upon Personal Liberty Laws
+and Secession (so called), in a Letter to a Friend. Boston, 1861.
+
+=Thompson, George.= Prison Life and Reflections, Narrative of Trial,
+Imprisonment, etc. of Work, Burr, and Thompson for aiding Slaves to
+Liberty. Hartford, 1849.
+
+=----.= The Negroes' Flight from American Slavery to British Freedom.
+1849. pp. 16.
+
+=Watson, Henry.= Narrative of Henry Watson, a Fugitive Slave. Written by
+himself. Boston, 1848. pp. 48.
+
+=Weld, S. D.= American Slavery as it is: Testimony of Thousands of
+Witnesses. New York, 1839.
+
+=Wesley, Rev. J.= The Rev. J. W. Loguen as a Slave and as a Freeman.
+Syracuse, New York, 1859.
+
+=Weston, G. M.= Progress of Slavery in the United States. Washington,
+1857.
+
+=White Slave, The=: Or Memoirs of a Fugitive. Boston, 1852. pp. 408.
+
+=Whittier, John G.= The Writings of John G. Whittier. Boston, 1888-89. 7
+vols. 12mo.
+
+=Wigham, E.= Antislavery Cause in America and its Martyrs. London, 1863.
+
+=Wilcox, A.= The Powers of the Federal Government over Slavery.
+Baltimore, 1862. pp. 23.
+
+=Willey, Rev. Austin.= History of the Antislavery Cause in State and
+Nation. Portland, 1886. pp. xii, 503.
+
+=Williams, George W.= History of the Negro Race in America. 2 vols. New
+York, 1883.
+
+=Wilson, Henry.= History of the Antislavery Measures in the 37th and
+38th United States Congresses. Boston, 1865.
+
+=----.= History of the Rise and Fall of the Slave Power in America. 3
+vols. Boston, 1875-1877.
+
+=Wisconsin Supreme Court.= Unconstitutionality of the Fugitive Slave
+Act. Decision in Case of Booth and Bycraft. Milwaukee, 1855.
+
+
+
+
+INDEX.
+
+
+ Abolition,
+ in the D. C., Sec. 98, C 62, C 65;
+ of the slave trade in the D. C., B 25.
+ See also Antislavery, Emancipation.
+
+ Abolitionists,
+ known to slaves, Sec. 63;
+ efforts on the Underground Railroad, Sec. 76.
+ See also Antislavery.
+
+ Acorn, ship, Sec. 54.
+
+ Act,
+ first fugitive slave, B 9;
+ second fugitive slave, B 31;
+ Grimes, C 51;
+ Blair, C 58;
+ repealing fugitive slave act, C 83.
+ See also Bill.
+
+ Adams, ----,
+ against fugitive slave bill, Sec. 20.
+
+ Adams, J. Q.,
+ in Treaty of Ghent Convention, Sec. 22;
+ presented petitions, Sec. 44.
+
+ Advertisement,
+ of runaways, Sec. 3;
+ colonial, Sec. 5;
+ later, Sec. 65, Sec. 96;
+ of probable place of refuge of an habitual runaway, Sec. 66.
+
+ Albany,
+ escapes from, Sec. 8, A 50.
+
+ Aldrich,
+ amendment, C 58.
+
+ Alexander, Archer, D 69.
+
+ Alien and Sedition Acts,
+ absorb attention, Sec. 19.
+
+ Allen, Henry W.,
+ tried for kidnapping, Sec. 58.
+
+ Amendments to the Constitution, Sec. 104.
+
+ Amsterdam,
+ banishes runaway colonists, A 15.
+
+ Anderson case, Sec. 23, D 65.
+
+ Antislavery men,
+ biographies of, E 4.
+
+ Antislavery reminiscences, E 9.
+
+ Antislavery sentiment,
+ rise of, Sec. 33.
+
+ Antislavery societies,
+ character of work, Sec. 41;
+ reports of, E 10.
+
+ Apprentices,
+ fugitive, A 9, A 39.
+
+ Arbitration,
+ in Creole case, Sec. 24.
+
+ Army officers,
+ arrests by, Sec. 95.
+
+ Arrest,
+ negro liable to, Sec. 65;
+ by army officers, Sec. 95.
+
+ Articles of Confederation,
+ fugitive slave clause in, Sec. 8, Sec. 14, A 8.
+
+ Articles of war,
+ resolution on, C 47;
+ bill for an additional, Sec. 95.
+
+ Artis, Jordan,
+ advertisement of, Sec. 65.
+
+ Ashley,
+ repeal bill, Sec. 101, C 80.
+
+ Athenaeum,
+ Boston, E 2.
+
+ Attorneys,
+ to defend fugitives, Sec. 76;
+ forbidden to act, Sec. 81.
+
+ Attucks, Crispus,
+ escape of, Sec. 5, D 6.
+
+
+ Badger,
+ on fugitive slave bill, Sec. 31.
+
+ Bahamas,
+ treatment of fugitives in, Sec. 22, Sec. 24.
+
+ Bass,
+ aids S. Northrup, Sec. 38.
+
+ Batchelder, James,
+ death of, Sec. 55.
+
+ Bath,
+ escape from, 127 D 56.
+
+ Bell, Governor.
+ See Ohio.
+
+ Benton Resolution, B 24.
+
+ Bermudas,
+ treatment of fugitives in, Sec. 24.
+
+ Bill,
+ for a new fugitive slave law,
+ reported, Sec. 17-Sec. 20, Sec. 21, Sec. 27;
+ 28-29;
+ character of, 1802, Sec. 19;
+ principles of, 1818, Sec. 19-Sec. 20;
+ for amending, Sec. 20;
+ on Maryland resolutions, Sec. 21;
+ Douglas's, C 17;
+ Lovejoy's, C 35, C 66;
+ Wilson's, C 42, C 48, C 54, C 56;
+ Howe's, C 49;
+ Davis's C 50, C 57;
+ confiscation, C 68, C 72, C 73, C 79;
+ abolition, C 62, C 65;
+ Harris's, C 59, C 67, C 71;
+ Clark's, C 72;
+ Julian's, C 45, C 76;
+ emancipation, C 73, C 75, C 78;
+ repeal, C 80;
+ Stevens's, C 80;
+ Ashley's, C 80;
+ Sumner's, C 80, C 83;
+ Spalding's, C 80;
+ House substitute, C 83.
+ See also Acts.
+
+ Bingham, ----,
+ on Blair bill, Sec. 95;
+ resolutions, Sec. 97, C 39;
+ amendments, C 58, C 67.
+
+ Black Code, in the D. C.,
+ resolution on, C 33;
+ bill to repeal, C 56.
+
+ Blair, ----,
+ bill, Sec. 95;
+ Act, C 58.
+
+ Blake, ----,
+ introduces repeal bill, Sec. 87.
+
+ Boston massacre,
+ Attucks killed in, Sec. 5.
+
+ Boston, schooner,
+ case of, Sec. 47, D 21.
+
+ Boucher, Rev. John,
+ on Washington's education, Sec. 1.
+
+ Bound servants,
+ escape from Virginia, Sec. 9.
+
+ Bourne, ----,
+ appointed on committee, Sec. 17.
+
+ Bowditch, H. I.
+ See Latimer Journal.
+
+ Boyle, ----,
+ Brigadier General in Sherwood case, Sec. 94.
+
+ Bright, ----,
+ Explanatory Bill, B 34.
+
+ Brown,
+ on repeal bill, Sec. 103.
+
+ Brown, John,
+ in Missouri and Kansas, Sec. 62;
+ plan of, Sec. 62;
+ effect of raid, Sec. 102;
+ case, D 63.
+
+ Brown, Mary,
+ demands arrest of Hamlet, Sec. 53.
+
+ Browne, William,
+ story of escapes, Sec. 9.
+
+ Browne, William,
+ a runaway, Sec. 66.
+
+ Buchanan, James,
+ presidential message of, Sec. 86, C 1.
+
+ Burnett, Governor,
+ conference with Indians, demands slave, Sec. 8.
+
+ Burns, Anthony,
+ arrest and trial, Sec. 55, D 57;
+ use of court-house in his case, Sec. 81.
+
+ Butler, ----,
+ proposition on fugitive slave clause, Sec. 15;
+ on fugitive slave bill, Sec. 31;
+ reports fugitive slave bill, B 30.
+
+ Butler, General B. F.,
+ on "contrabands," Sec. 88.
+
+
+ Calhoun,
+ Resolution, Sec. 24, B 20.
+
+ California,
+ sanctions rendition, Sec. 80.
+
+ Calvert,
+ appointed on committee, made chairman, Sec. 17.
+
+ Cape May,
+ escapes to, D 3.
+
+ Carlisle,
+ fugitive slave case in, Sec. 43.
+
+ Cases, legal,
+ change in character of, Sec. 33;
+ classification of, Sec. 33;
+ principle of selection of, Sec. 52.
+
+ Certificate,
+ evidence for conviction, Sec. 8.
+
+ Chandler, Zachary,
+ introduces confiscation bill, Sec. 90;
+ confiscation act, C 31.
+
+ Chase, S. P.,
+ on fugitive slave law, Sec. 32;
+ on payments under law of 1850, B 38;
+ offers amendments, B 30.
+
+ Cherokees.
+ See Treaty.
+
+ Chickasaws.
+ See Treaty.
+
+ Chickasaw case, Sec. 42, D 20.
+
+ Christiana case, Sec. 60, D 49;
+ influence traced, Sec. 60.
+
+ Choctaws.
+ See Treaty.
+
+ Clarence, ----,
+ joint resolution, C 23.
+
+ Clark, ----,
+ reports confiscation bill, Sec. 91;
+ substitute, Sec. 91;
+ resolution, B 34;
+ amendments, C 51; C 78;
+ confiscation bill, C 72.
+
+ Clarke, J. F.,
+ quoted, Sec. 51, Sec. 55, Sec. 67, Sec. 73.
+
+ Clay, Henry,
+ see Gallatin;
+ provision on fugitives, Sec. 29;
+ on Shadrach case, Sec. 57, B 33;
+ amendment, B 30.
+
+ Cochrane,
+ joint resolution, C 2.
+
+ Colfax, Schuyler,
+ resolution, C 77.
+
+ Collamer, ----,
+ amendments, C 53; C 67.
+
+ Colonial regulation,
+ began early, Sec. 2;
+ cases, Sec. 1-Sec. 12;
+ legislation, Appendix A.
+
+ Colonists,
+ runaway, A 15.
+
+ Colony,
+ of fugitives, Sec. 66.
+
+ Columbia,
+ case in, D 15.
+
+ Comet case, Sec. 24.
+
+ Commissioners,
+ of United Colonies, complain of fugitives, Sec. 11;
+ duty of, Sec. 30.
+
+ Committee,
+ for a new fugitive slave law, Sec. 17;
+ on the fugitive slave law, Sec. 17-Sec. 21, Sec. 24;
+ on Maryland resolution, Sec. 21;
+ to prevent outrages, Sec. 45;
+ conference, Sec. 91;
+ amendments by, C 31, C 48, C 51;
+ on judiciary, instructed, Sec. 27;
+ report a fugitive slave law, Sec. 27.
+
+ Compromise,
+ resolution affirming, B 35;
+ fugitive slave act, C 25.
+
+ Conferences,
+ between Indians and the Governor of New York, Sec. 8.
+
+ Confiscation,
+ of slaves of rebels, Sec. 89;
+ report on, C 60;
+ bill, Sec. 90, Sec. 91;
+ amendments, Sec. 90;
+ provisions extended, Sec. 90, Sec. 91;
+ presented, Sec. 90, Sec. 91;
+ act approved by President, Sec. 91;
+ Trumbull's, C 30, C 37, C 52;
+ Chandler's, C 31;
+ Davis's, C 50;
+ coupled with emancipation, C 44, C 69, C 73;
+ amendments to, C 57, C 67, C 71;
+ Harris's, C 59, C 63, C 67, C 71;
+ Clark's, C 72;
+ progress of, C 79;
+ Morrill's joint resolution, C 40.
+
+ Congress,
+ action of, from 1847 to 1850, Sec. 27.
+
+ Connecticut,
+ legislation in, Sec. 4;
+ in the New England confederation, Sec. 8;
+ offers reward, Sec. 8;
+ emancipation in, Sec. 14;
+ Personal Liberty Laws in, Sec. 78, Sec. 79, Sec. 82;
+ servants in, A 9;
+ against runaways, A 67, A 78, A 79.
+
+ Constitution,
+ fugitive slave clause in, Sec. 16, B 7;
+ defended slavery, Sec. 16;
+ amendments proposed, C 22.
+
+ Constitutional Convention,
+ fugitive question in, Sec. 15.
+
+ Contrabands,
+ origin of term, Sec. 88.
+
+ Convention,
+ in Treaty of Ghent, Sec. 22.
+ See also Constitutional Convention.
+
+ Conviction of a fugitive,
+ evidence necessary, Sec. 18.
+
+ Cooledge, N.,
+ in Latimer case, Sec. 44.
+
+ Court,
+ Commissioners, how chosen, Sec. 30.
+ See also Conviction, Trials.
+
+ Court-house assaulted, Sec. 58.
+
+ Cowden, Colonel,
+ in Wisdom case, Sec. 94.
+
+ Cox, ----,
+ resolution, C 5;
+ on repeal bill, Sec. 102.
+
+ Crafts, William and Lucy,
+ escape of, Sec. 69, D 41.
+
+ Creek Indians,
+ escapes to, Sec. 8;
+ treaty with, Sec. 22;
+ restoration clause in treaty, B 11.
+
+ Creole, case of, Sec. 24.
+
+ Crittenden,
+ joint resolution, C 13, C 24.
+
+ Curtis, Commissioner, Sec. 54.
+
+ Curtis, Judge,
+ trial of, Sec. 55.
+
+
+ Dagget amendment, Sec. 19, B 14.
+
+ Dana, R. H.,
+ defends Burns, Sec. 55.
+
+ Daniel,
+ offered for sale, Sec. 66.
+
+ Davis,
+ amendment, B 30;
+ bill, C 50;
+ substitute bill, C 57;
+ amendments, C 58.
+
+ Davis, Charles G.,
+ in Shadrach case, Sec. 57.
+
+ Dayton amendment, B 30.
+
+ Debate,
+ on fugitive slave clause in the constitution, Sec. 15;
+ on fugitive slave bill, Sec. 17-Sec. 19;
+ on the slave trade, Sec. 19;
+ on the fugitive slave act, Sec. 19, Sec. 20;
+ on the admission of Missouri, Sec. 21;
+ on slavery in the D. C., Sec. 28;
+ on the fugitive slave law of 1850, Sec. 31, Sec. 32.
+
+ De Bere, John,
+ in Shadrach case, Sec. 57.
+
+ Delaware,
+ regulation of servants and slaves, A 70.
+
+ Delawares,
+ fugitive slave clause in treaty, B 1.
+
+ Diggs, S. T. P.,
+ in Anderson case, Sec. 23.
+
+ Dismal Swamp,
+ refuge for fugitive, Sec. 66.
+
+ District of Columbia,
+ slavery in, Sec. 28;
+ repeal of jail laws in, Sec. 97, Sec. 98;
+ Grimes's bill, Sec. 97, Sec. 98;
+ debate on abolition of slavery in, Sec. 98;
+ resolution on repeal of the Black Code in, C 33;
+ bill for emancipation in, C 42;
+ act on criminal justice in, C 51;
+ bill, C 54;
+ bill to repeal Black Code in, C 56;
+ bill for the abolition of slavery in, C 62, C 65.
+
+ Drayton, ----, Captain,
+ aids fugitives, Sec. 50.
+
+ Drayton and Sayres,
+ case of, Sec. 50, D 40.
+
+ Douglass, Frederick,
+ method of escape, Sec. 68, Sec. 75, D 23.
+
+ Douglas, Stephen A.,
+ joint resolution, C 14.
+
+ Dutch Colonies,
+ along the coast, Sec. 1;
+ regulations on fugitives, Sec. 2, Sec. 4;
+ legislation in, Sec. 6.
+ See also New Amsterdam, New Netherlands.
+
+
+ East Jersey,
+ against fugitives, Sec. 2, A 41;
+ against runaways, A 45.
+
+ Eldridge, Captain, of brig Chickasaw, Sec. 42.
+
+ Eliot, ----,
+ introduces confiscation bill, Sec. 91;
+ bill, C 69;
+ substitute bill, C 78.
+
+ Elton, Governor,
+ action in fugitive slave case, Sec. 11.
+
+ Emancipation,
+ in Great Britain, Sec. 24;
+ resolutions on, Sec. 91;
+ in the District of Columbia, C 42;
+ bill, C 75;
+ coupled with confiscation, C 44, C 69, C 73;
+ of fugitives from disloyal masters, bill for, C 78.
+
+ Emancipation proclamation,
+ effect of, as a war measure, Sec. 92.
+
+ Encomium, case of, Sec. 24.
+
+ England.
+ See Great Britain.
+
+ English, ----,
+ joint resolution, C 8.
+
+ English colonies, Sec. 1.
+ See Colonies.
+
+ Enterprise, case of, Sec. 24.
+
+ Escape,
+ by ferries, Sec. 4;
+ methods of investigation of, Sec. 63;
+ methods of, Sec. 63;
+ motives for, Sec. 64;
+ to the woods, Sec. 66;
+ to the North, Sec. 67;
+ by laundry work, Sec. 67;
+ by coach, Sec. 69;
+ by passports, Sec. 75;
+ general effect of, Sec. 76;
+ from English to French, D 5.
+ See also Fugitives, Runaways.
+
+ Extradition,
+ no system of, in the colonies, Sec. 9.
+
+
+ False testimony,
+ punished, Sec. 82.
+
+ Faneuil Hall,
+ mass meetings in, Sec. 44, Sec. 55.
+
+ Fee,
+ of commissioners, Sec. 30.
+
+ Felons,
+ runaway apprentices, A 4.
+
+ Felony,
+ when guilty of, Sec. 82.
+
+ Ferries,
+ escapes by, Sec. 4.
+
+ Fessenden, ----,
+ requests investigation of the District
+ of Columbia jail, Sec. 97, C 38.
+
+ Fitch, ----,
+ resolutions affirming the Compromise, B 35.
+
+ Florence, ----,
+ joint resolutions, C 15, C 18.
+
+ Florida,
+ escapes to, Sec. 8;
+ Seminole trouble in, Sec. 23.
+
+ Fortress Monroe,
+ contrabands at, Sec. 88.
+
+ Free negroes,
+ penalty for harboring fugitives, Sec. 4;
+ condition of, Sec. 25.
+
+ Free States,
+ difficulty of transporting slaves across, Sec. 36.
+
+ French colonies,
+ interval of unpopulated
+ country south, Sec. 1;
+ refuse to return fugitives, Sec. 11.
+
+ Friendship, ship, case of, Sec. 5, D 10.
+
+ Frontiers,
+ places of refuge, Sec. 23.
+
+ Fugitive apprentices,
+ act applies to, Sec. 18.
+ See also servants.
+
+ Fugitives,
+ evidence to convict, Sec. 19;
+ status on the high seas, Sec. 24;
+ penalty for harboring, Sec. 30, A 80;
+ pursuit interfered with, 41;
+ length of journeys, Sec. 67;
+ disguised as whites, Sec. 69;
+ how conducted on the underground railroad, Sec. 72;
+ in loyal slave states, Sec. 93;
+ typical cases of, during the war, Sec. 94;
+ arrests of, by civil officers, advertisement of, Sec. 96;
+ entertainment of, A 6;
+ against, A 11, A 12;
+ resolution for the discharge of, C 32;
+ bill to prevent return of, C 35;
+ resolution against the return of, C 43, C 46;
+ bill on the arrest of, by army and navy officers, C 48;
+ act to prohibit return by the army, C 58;
+ resolution on the return of, by the army and navy,
+ bill on the return of, by the army,
+ resolution demanding trial by jury for, C 61, C 66, C 77;
+ bill for the emancipation of fugitives from disloyal
+ masters, C 78.
+ See also Runaways, Escapes;
+ see Table of Contents.
+
+ Fugitive Slaves,
+ appeal for, Sec. 19;
+ status of question from 1823 to 1847, Sec. 20, Sec. 23;
+ resolutions on, Sec. 95;
+ question discussed, Sec. 95;
+ arrest by army officers, Sec. 95;
+ resolutions on the return of,
+ resolution on army orders on, C 28, C 36;
+ resolution on, C 74;
+ sources of information on,
+ general histories of, E 1, E 3;
+ secondary sources of information on,
+ original sources of information on,
+ autobiographies of,
+ records of trials of,
+ periodicals and newspapers upon, E 3, E 5, E 6, E 7, E 11;
+ materials for study of legislation upon, E 12.
+ See also Escapes, Fugitives, Runaways,
+ and Table of Contents.
+
+ Fugitive Slave Act, first (1793), Sec. 16, Sec. 17;
+ first called for, Sec. 17;
+ necessity of the act, Sec. 17;
+ passed the Senate, passed the House, Sec. 17;
+ signed by the President, Sec. 17;
+ text, B 9;
+ followed earlier examples, Sec. 17, Sec. 18;
+ status of opinion on, Sec. 17;
+ remained inoperative, Sec. 16, Sec. 17;
+ to enforce the, B 29.
+
+ Fugitive Slave Act, second (1850),
+ attempts to secure, Sec. 20, Sec. 21;
+ secured, Sec. 29;
+ introduced by Mason, Sec. 29, B 30;
+ Webster proposes, B 30;
+ substitute offered, B 30;
+ passed Congress, Sec. 29;
+ necessity of, urged, Sec. 31;
+ arguments for, Sec. 31;
+ arguments against, Sec. 32;
+ provisions of, Sec. 30;
+ text of, B 31;
+ unpopularity of, Sec. 51;
+ no moral foundation, Sec. 51;
+ declared unconstitutional, Sec. 85;
+ non-execution of, Sec. 85;
+ resolution to amend, C 45.
+
+ Fugitive Slave Acts repealed (1864),
+ repeal urged, Sec. 85;
+ status of, Sec. 100;
+ early propositions, Sec. 101;
+ discussion, Sec. 101;
+ repeal bill, Sec. 101;
+ passed, Sec. 103;
+ repeal bill discussed, Sec. 103;
+ bill to amend, C 25;
+ repeal bills, C 49, C 76, C 80, C 82;
+ repeal bill passes, Sec. 103;
+ text of, Sec. 104, C 83.
+
+ Fugitive Slave Bill of 1818,
+ passed the House, Sec. 19, Sec. 20;
+ title of, Sec. 20;
+ failure in the Senate, Sec. 21.
+
+ Fugitive Slave Cases.
+ See Table of Contents.
+
+ Fugitive Slave Clause,
+ in the New England Articles of Confederation, Sec. 8;
+ in the Constitution, Sec. 15-Sec. 16;
+ in the Treaty of Ghent, Sec. 22, B 12.
+
+ Fugitive Slave Controversy,
+ educating effect of,
+ recapitulation of, Sec. 105.
+
+ Fugitive Slave Legislation,
+ opposed by Northern States, Sec. 25;
+ inadequacy of, proved, Sec. 26;
+ necessity of more stringent, Sec. 26;
+ proposition for new, Sec. 27;
+ must be carried out, Sec. 49;
+ new element in, Sec. 79;
+ in 1860, Sec. 85;
+ resistance to, declared felony, Sec. 86;
+ propositions to repeal or amend, Sec. 87;
+ after emancipation proclamation, Sec. 92.
+
+
+ Gallatin, Albert,
+ in Treaty of Ghent, Sec. 22.
+
+ Gannett,
+ case of, D 44.
+
+ Gansey, Isaac,
+ case of, D 24.
+
+ "Gap Gang,"
+ aid kidnappers, Sec. 60.
+
+ Gardiner, ----,
+ commissioner in Hamlet case, Sec. 53.
+
+ Garner, Margaret,
+ flight and seizure, Sec. 56.
+
+ Garner, Robert,
+ flight and seizure, Sec. 56.
+
+ Garner, Simeon,
+ flight and seizure, Sec. 56;
+ case D 58.
+
+ Garrett, Thomas,
+ trial and fine, reward offered for, Sec. 74.
+
+ Gatchell case, D 61.
+
+ Georgia,
+ difficulty in recovery of fugitives in, Sec. 8;
+ Governor of, demands fugitives from justice, Sec. 47.
+
+ Gibson case, D 45.
+
+ Giddings
+ resolution, Sec. 28, B 23, B 25, B 27, B 28.
+
+ Glasgow,
+ freedom case in, Sec. 12, D 7.
+
+ Glocester,
+ given jurisdiction over runaways, A 24.
+
+ Glover case, D 55.
+
+ Goin case, D 29.
+
+ Gorsuch, Edward,
+ claims a fugitive, Sec. 60.
+
+ Grahame, Thomas,
+ in freedom case, Sec. 12.
+
+ Grayson, ----,
+ on fugitive slave clause, Sec. 15.
+
+ Great Britain,
+ status of fugitives in, Sec. 12;
+ diplomatic relations, Sec. 12;
+ encouragement of fugitives, Sec. 22, Sec. 23;
+ pays indemnity, Sec. 24.
+ See also England.
+
+ Great Dismal Swamp,
+ refuge for runaways, Sec. 66.
+
+ Grey, James B.,
+ demands a fugitive, Sec. 44.
+
+ Grimes,
+ criminal justice bill, Sec. 97;
+ act, C 51;
+ amendments, C 64, C 74.
+
+
+ Hale, ----,
+ resolution, Sec. 95, C 41;
+ amendment, C 82.
+
+ Hall, ----,
+ resolution, Sec. 28, B 26.
+
+ Hamlet, James, case, Sec. 53, D 43.
+
+ Hannum, Captain,
+ in Ottoman case, Sec. 45.
+
+ Hanway, Castner,
+ in Christiana case, Sec. 60.
+
+ Harlan, ----,
+ amendment, C 51.
+
+ Harris, ----,
+ introduces confiscation bill, Sec. 91;
+ confiscation bill, C 59, C 67, C 71;
+ amendment, C 64.
+
+ Hartford,
+ fugitive harbored in, Sec. 11;
+ treaty of, ratified, A 14;
+ controversy with New Netherlands, D 1.
+
+ Harvard College,
+ Library of, E 2.
+
+ Henderson amendment, C 82.
+
+ Hepburne, Judge,
+ in Kennedy case, Sec. 43.
+
+ Higginson, T. W.,
+ in Burns case, Sec. 55.
+
+ Hilliard, Mrs. G. S.,
+ harbors a fugitive, Sec. 75.
+
+ Hillyer, ----,
+ finality resolution, B 37.
+
+ Hindman, ----,
+ proposition, Sec. 86;
+ joint resolution, C 10.
+
+ Holmes, ----,
+ on the fugitive slave bill, Sec. 20.
+
+ Howard, ----,
+ amendment, C 82.
+
+ Howe, ----,
+ repeal bill, 83, C 49.
+
+ Hubbard, ----,
+ on repeal bill, Sec. 102;
+ resolution, C 83.
+
+
+ Illinois,
+ no full personal liberty law in, Sec. 80.
+
+ Immigration,
+ into Missouri, Sec. 21.
+
+ Impeachment,
+ ground for, Sec. 81.
+
+ Imprisonment of a runaway, Sec. 65.
+
+ Indented Servants.
+ See Servants.
+
+ Indiana,
+ personal liberty law in (1824), Sec. 78, Sec. 80.
+
+ Indians,
+ received fugitives in the wilderness, Sec. 1;
+ as slaves, Sec. 1;
+ as slave hunters, Sec. 8;
+ conferences with, Sec. 8;
+ escapes to, Sec. 9.
+ See Chickasaws, Choctaws, Creeks, Delawares,
+ Seminoles.
+
+ Intercolonial cases,
+ early agreements as to fugitives, Sec. 1, Sec. 2;
+ agreement between the Dutch and English, Sec. 8;
+ difficulty of arranging regulations, Sec. 8;
+ first contained in Articles of Confederation, Sec. 8;
+ dependent upon intercolonial feeling, Sec. 9;
+ case of escape of slaves, Sec. 11.
+
+ Interferences and rescues, Sec. 41.
+
+ International cases,
+ earliest, Sec. 11;
+ relations unsettled, Sec. 10;
+ regulations under the Articles of Confederation, Sec. 13.
+
+ Interstate relations,
+ affected by Prigg decision, Sec. 46.
+
+ Iowa,
+ personal liberty laws in, Sec. 80.
+
+ Iredell,
+ on fugitive slave clause, Sec. 15.
+
+ Isaac,
+ case of, Sec. 47, D 24.
+
+
+ Jackson, ----,
+ resolution, B 36.
+
+ Jager, Cornelis Herperts de,
+ escape of servants of, Sec. 7.
+
+ Jail, in the District of Columbia,
+ resolution on, Sec. 97;
+ denied to fugitives, Sec. 97, B 27, B 28.
+ See District of Columbia.
+
+ Jails, State,
+ not to be used, Sec. 44;
+ denied to fugitives, Sec. 57;
+ denial constitutional, Sec. 83;
+ use forbidden, Sec. 82.
+ See also Personal Liberty Bill.
+
+ Jefferson, Thomas,
+ proposition, Sec. 14.
+
+ John case, Sec. 17, D 11.
+
+ Johnson,
+ joint resolution, C 12, C 27;
+ amendment, C 83.
+
+ Johnson Case, D 60.
+
+ Johnston,
+ on committee, Sec. 17.
+
+ Jones, George, case, Sec. 37, D 19.
+
+ Julian, George W.,
+ repeal bills, Sec. 101, C 76, C 80;
+ resolution, C 45.
+
+ Jury trial,
+ not admitted, Sec. 8;
+ disuse of, Sec. 78.
+
+
+ Kansas,
+ personal liberty laws in, Sec. 80, Sec. 82.
+
+ Kellogg, ----,
+ joint resolution, C 19, C 20, C 21.
+
+ Kennedy case, Sec. 43, D 35.
+
+ Kentucky,
+ resolutions, Sec. 23;
+ petition of Legislature, Sec. 27;
+ demands extradition of abettors of fugitives, Sec. 48;
+ controversy with Ohio, D 37.
+
+ Kidnapping,
+ suggests new fugitive slave law, Sec. 17;
+ from 1793 to 1850, Sec. 25;
+ in border States, Sec. 25;
+ character of cases, Sec. 36;
+ enlists sympathy, Sec. 71;
+ regulations against, Sec. 99.
+
+ Kilgore,
+ resolution, Sec. 87, C 11.
+
+ King, ----,
+ on repeal bill, Sec. 102.
+
+ Kirk case, D 33.
+
+ Kline, Marshal,
+ demands assistance, Sec. 60.
+
+
+ L'Amistad case, Sec. 24.
+
+ Latimer, George,
+ case of, Sec. 44, D 28;
+ effect, Sec. 81;
+ daily journal, Sec. 44.
+
+ Leake, ----,
+ joint resolution, C 9.
+
+ Le Screux,
+ slave on, C 9.
+
+ Lewis case, D 54.
+
+ Lewis, Elijah,
+ prosecution of, Sec. 60, D 49.
+
+ Liberator,
+ kidnapping case in, Sec. 99.
+ See Newspapers.
+
+ Liberty,
+ love of, by slaves, Sec. 64.
+
+ Liberty Party,
+ convention of, Sec. 58.
+
+ Libraries,
+ use of, E 2.
+
+ Lincoln, President,
+ preliminary proclamation, Sec. 92;
+ final emancipation proclamation, Sec. 92.
+
+ List,
+ counsel in Shadrach case, Sec. 57.
+
+ Loring, Ellis Gray,
+ in Shadrach case, Sec. 57;
+ Crafts taken to house of, Sec. 69.
+
+ Louisiana,
+ escape of slaves from, Sec. 21.
+
+ Lovejoy,
+ bills, Sec. 95, C 35, C 66;
+ resolutions, C 29, C 44;
+ amendment, C 38.
+
+
+ Madison,
+ on fugitive slave clause, Sec. 15.
+
+ Maine, Governor of,
+ refuses to surrender fugitives from justice, Sec. 47;
+ personal liberty law in, Sec. 82.
+
+ Malbronne, Ensign de,
+ loses servant, Sec. 11.
+
+ Mallory, ----,
+ on Blair bill, Sec. 95;
+ on repeal, Sec. 102.
+
+ Manhattan,
+ escape to, Sec. 7, D 2.
+
+ Mansfield, Lord.
+ See Somersett case.
+
+ Market women,
+ on Underground Railroad, Sec. 75.
+
+ Maryland,
+ regulations on fugitives, Sec. 2, Sec. 3;
+ offers reward, Sec. 8;
+ letter from, to New Netherlands, Sec. 11;
+ fugitives escape from, Sec. 11;
+ resolution, Sec. 21;
+ resolutions debated, Sec. 21, B 18;
+ offers reward for Thomas Garrett, Sec. 74;
+ regulations against runaways, A 4, A 11, A 12, A 26, A 28,
+ A 31, A 38, A 40.
+
+ Mason,
+ of Massachusetts, on the fugitive slave bill, Sec. 20.
+
+ Mason, of Virginia,
+ fugitive slave bill, Sec. 29, B 30;
+ amendment, Sec. 29;
+ argument, Sec. 31.
+
+ Massachusetts Bay,
+ regulation against transportation of apprentices and
+ servants, A 63;
+ on the capture of servants in, A 2;
+ regulation of free negroes, A 53.
+
+ Massachusetts Colony,
+ first law as to fugitives, Sec. 4;
+ in the New England Confederation, Sec. 8;
+ emancipation in, Sec. 14;
+ first fugitive slave case in, Sec. 34.
+
+ Massachusetts State,
+ Governor of, advised, Sec. 81;
+ personal liberty law, Sec. 79, Sec. 80, Sec. 81;
+ no recovery of fugitives in, Sec. 85.
+
+ May, S. J.,
+ in "Jerry" case, Sec. 58.
+
+ McClernand, ----, C 9.
+
+ McHenry, "Jerry," case, Sec. 58, D 51.
+
+ McLanahan, ----,
+ resolution, B 32.
+
+ Meade, ----,
+ proposition, Sec. 27;
+ resolution, B 29.
+
+ Meionaon,
+ mass meetings in, Sec. 55.
+
+ Merrill, Amos B.,
+ in Latimer case, Sec. 44.
+
+ Mexico,
+ as a place of refuge, Sec. 23.
+
+ Michigan,
+ personal liberty laws in, Sec. 80, Sec. 82.
+
+ Miller,
+ in kidnapping case, Sec. 61, D 50.
+
+ Miner, Jo,
+ advertisement of, Sec. 96.
+
+ Minnesota,
+ personal liberty law in, Sec. 80.
+
+ Missouri,
+ admission of, Sec. 21;
+ Anderson case in, Sec. 23;
+ Governor of, offers reward for John Brown, Sec. 62.
+
+ Missouri Compromise,
+ fugitive slave clause in, Sec. 21, B 16;
+ period of, Sec. 21.
+
+ Mob,
+ provisions against, Sec. 30.
+
+ Morgan, Margaret.
+ See Prigg Case.
+
+ Morrill, ----,
+ resolution, C 40.
+
+ Morris, cutter,
+ in Burns case, Sec. 55.
+
+ Morris, ----,
+ substitute reported, Sec. 101;
+ on repeal bill, Sec. 102;
+ resolution, C 3;
+ joint resolution, C 16.
+
+ Morris, John B.,
+ demands a fugitive slave, Sec. 42.
+
+ "Moses."
+ See Harriet Tubman.
+
+ Murray, ----,
+ motion, Sec. 19.
+
+
+ Nalle case, D 64.
+
+ Nassau,
+ fugitives in, Sec. 24.
+
+ Negroes,
+ ignorance of, Sec. 67;
+ regulation of, A 65;
+ against escape of, A 78;
+ petition of a soldier, Sec. 19;
+ free, how affected, Sec. 20;
+ regulation of, A 53.
+ See also Fugitives.
+
+ New Amsterdam,
+ escape of servants from, Sec. 7;
+ trial at, Sec. 9.
+ See also New Netherlands.
+
+ New England,
+ regulations as to fugitives, Sec. 4.
+
+ New England Confederation,
+ composition of, Sec. 8;
+ articles of, A 8.
+
+ New Hampshire,
+ legislation in, Sec. 4, A 61;
+ personal liberty laws in, Sec. 80, Sec. 82.
+
+ New Haven,
+ in the New England Confederation, Sec. 8.
+
+ New Jersey,
+ regulations on fugitives, Sec. 3, A 32, A 39, A 42;
+ sanctions rendition, Sec. 80;
+ slaves, A 55;
+ white servants, A 56.
+
+ New Netherlands,
+ legislation in, Sec. 4;
+ on fugitive slave cases, Sec. 11;
+ regulations against runaways, A 1, A 3, A 5, A 10, A 14, A 19;
+ Quakers, A 29;
+ controversy with Hartford, D 1.
+ See also Dutch Colonies.
+
+ New York,
+ regulation on fugitives, Sec. 8, A 50, A 51, A 59;
+ Governor of, in Solomon Northrup case, Sec. 38;
+ refusal to return abettors of fugitives, Sec. 47;
+ personal liberty laws, Sec. 80, Sec. 82, Sec. 83;
+ slaves, A 49;
+ prevention of insurrections, A 68;
+ kidnapping in, Sec. 99.
+
+ Niblack, ----,
+ resolution, C 7.
+
+ Nicholson,
+ on committee, Sec. 19.
+
+ Norfolk,
+ kidnapping cases in, Sec. 99, D 68.
+
+
+ Oberlin Case, Sec. 40, D 26.
+
+ Oberlin-Wellington,
+ rescue, Sec. 59, D 62.
+
+ Officers,
+ return of fugitives by army and navy, C 53.
+
+ Ohio,
+ fugitives protected in, Sec. 21;
+ refusal to return abettors of fugitives, Sec. 48;
+ personal liberty law, Sec. 80, Sec. 82.
+
+ Olmsted, F. L.,
+ quoted, Sec. 65.
+
+ "Omnibus Bill,"
+ fugitive slave provision in, Sec. 29.
+
+ Ordinance of 1787,
+ for the Northwest Territory, Sec. 14, Sec. 15;
+ confirmed, Sec. 16.
+
+ Ottoman case, Sec. 45, D 34.
+
+
+ Parker, Theodore, speaks on Burns' case, Sec. 55; indicted for
+ riot, Sec. 55; protects William and Lucy Crafts, Sec. 69.
+
+ Parker, William, in Christiana case, Sec. 60.
+
+ Pass, necessity of, Sec. 65.
+
+ Patrols, duty of, Sec. 65.
+
+ Patroons, runaways from, A 1.
+
+ Peace Convention, amendment, C 22.
+
+ Pearl, carries fugitives, Sec. 50.
+
+ Penalties for escape, Sec. 30; for violating personal liberty
+ laws, Sec. 80.
+
+ Pennsylvania, emancipation in, Sec. 14; Governor of, in "John"
+ case, Sec. 17; act of, reported, Sec. 21, B 17; fugitives abetted in,
+ 24; personal liberty laws in, Sec. 80, Sec. 82; regulation of
+ servants, A 48; regulation of negroes, A 65; harboring of
+ fugitives, A 80; case in, D 46.
+
+ Pennsylvania Society for the Abolition of Slavery, efforts in
+ behalf of "John," Sec. 17; petition of, Sec. 20; efforts of, Sec. 25.
+
+ Pensacola, Walker embarks from, Sec. 50.
+
+ Personal Liberty Laws, passed, Sec. 25; character of, Sec. 77; before
+ the Prigg decision, Sec. 78; between the Prigg decision and the
+ Second Fugitive Slave Law, Sec. 79; occasioned by the law of 1850,
+ Sec. 80; change in character, Sec. 80; table of, Sec. 80; distribution
+ among States, Sec. 80; report on, Sec. 81; effect of, Sec. 83, Sec. 105;
+ constitutionality of, Sec. 83; obstruction by, Sec. 85; repeal urged,
+ Sec. 85; resolution against, Sec. 86; Saulsbury substitute on, C 81.
+
+ Petition of North Carolina negroes, Sec. 19; of free negroes, Sec.
+ 19; of a free colored soldier, Sec. 19; of the Pennsylvania
+ Abolition Society Sec. 20; from the Kentucky Legislature, Sec. 27; to
+ remove jailer and sheriff in Latimer case, Sec. 44; for an
+ amendment to the Constitution, Sec. 44; for a new personal liberty
+ law, Sec. 81.
+
+ Philadelphia, constitutional convention sits in, Sec. 15;
+ attempted rescue in, Sec. 43, D 22.
+
+ Phillips, Wendell, speeches on Latimer case, Sec. 44; addresses
+ mass meeting, Sec. 55; speaks on Burns' case, Sec. 55; indicted for
+ riot, Sec. 55.
+
+ Pierce, Franklin, President, sends executive message, Sec. 57;
+ issues proclamation, Sec. 57.
+
+ Pindall, on revision of the fugitive slave act, Sec. 20; made
+ chairman of committee, Sec. 20; amendatory bill, B 10.
+
+ Pine Grove Plantation, probable refuge, Sec. 66.
+
+ Pinckney, Gen. C. C., on the fugitive slave clause, Sec. 15.
+
+ Plymouth, in the New England Confederation, Sec. 8.
+
+ Pomeroy, ----, on confiscation bill, Sec. 91.
+
+ Porter, ----, amendment, C 67.
+
+ Potter, R. J., advertisement by, Sec. 96.
+
+ Powell, ----, on District of Columbia jail, Sec. 97; joint
+ resolution, C 28; amendment, C 51.
+
+ Pratt, ----, amendment, B 30.
+
+ Priggs vs. Pennsylvania case, Sec. 25, D 18; consequences of, Sec.
+ 76; extracts from, B 22.
+
+ Proclamation, by West India Company, Sec. 11; on Shadrach case, Sec.
+ 57; emancipation, Sec. 91.
+
+ Prosecutions, carried on, Sec. 49; after "Jerry" rescue, Sec. 58; of
+ Oberlin-Wellington rescuers, Sec. 59; of Wendell Phillips, Sec. 55.
+
+ Protection papers, use of, Sec. 68.
+
+ Pugh, George H., joint resolution, C 26.
+
+ Purrington, brig William, D 39.
+
+ Purvis, Robert, connection with Underground Railroad, Sec. 75.
+
+
+ Quakers, arrange station on the Underground Railroad, Sec. 71;
+ fugitives hidden by, Sec. 72; refused admision to New Netherlands,
+ A 29.
+
+ Quincy, Josiah, account of first fugitive slave case in the
+ North, Sec. 34, D 12.
+
+
+ Raids, upon plantations, Sec. 66.
+
+ Rantoul, Robert, Jr., in Sims case, Sec. 54.
+
+ Read, ----, on committee, Sec. 17.
+
+ Redemptioners, described, Sec. 1; cases of, Sec. 1; case of running
+ away with negroes, Sec. 3.
+
+ Refuge, place of, Sec. 66.
+
+ Rendition, a duty, Sec. 8. See also Fugitives.
+
+ Rescue, first case of, Sec. 34.
+
+ Resolution, by Maryland Legislature, Sec. 21; on relations with
+ Canada, Sec. 23; Kentucky, Sec. 23; on fugitives on the high seas, Sec.
+ 24; Giddings, Sec. 28; against the return of Latimer, Sec. 44; to
+ base representation on free persons, Sec. 44; Georgia Legislature,
+ Sec. 47; on arrests by army officers, Sec. 95; Fitch, B 35; Jackson,
+ B 36; Hillyer, B 37; Chase, B 38; Cochrane's joint, C 2;
+ Morris, C 3; Leake, C 4; Cox, C 5; Stevenson, C 6; Niblack, C
+ 7; English joint, C 8; McClernand joint, C 9; Hindman, C 10;
+ Kilgore, C 11; Johnson's joint, C 12, C 27; Crittenden's joint,
+ C 13; Douglas's joint, C 14; Florence, C 15, C 18; Morris's
+ joint, C 16; Kellogg's joint, C 19, C 20, C 21; Clarence's
+ joint, C 23; Crittenden's joint, C 24; Pugh's joint, C 26;
+ Powell's joint, C 28; Lovejoy's, C 29; Wilson's, C 32, C 33, C
+ 47, C 55, C 61; Clark, C 34; Sumner, C 36; Fessenden, C 38;
+ Bingham, C 39; Morrill's confiscation joint, C 40; Hale, C 41;
+ Sumner, C 43, C 74; Lovejoy, C 44; Julian, C 45; Shank, C 46;
+ Colfax, C 77; Hubbard's repeal, C 83.
+
+ Revolution, did not change condition of slave, Sec. 14.
+
+ Reward, offered by Missouri, Sec. 62; by United States, Sec. 62; by
+ colonies, Sec. 8.
+
+ Rhode Island legislation, Sec. 4; emancipation, Sec. 14; personal
+ liberty law, Sec. 79, Sec. 80, Sec. 82; regulation of ferries in, A 57.
+
+ Rice, ----, amendment, C 53.
+
+ Rice, John, kidnapped, Sec. 59.
+
+ Rich, on the fugitive slave bill, Sec. 20.
+
+ Riker, Richard, in Jones case, Sec. 37.
+
+ Riley, ----, United States commissioner, Sec. 57.
+
+ Rotch, aids escape, Sec. 5.
+
+ Runaways, regulations against, Sec. 6, Sec. 8; easily regulated, Sec. 8;
+ the habitual, Sec. 66; methods pursued, Sec. 67; harboring upon a
+ ship, Sec. 67; regulations against, A 1, A 3, A 4, A 7, A 17, A
+ 24, A 25, A 27, A 31, A 33, A 40, A 52, A 61, A 67;
+ entertainment of, A 10, A 16, A 29, A 37, A 73; second offence,
+ how punished, A 13; hue and cry after, A 18; from the Dutch, A
+ 21; apprehension of, A 22; English, A 23; in Glocester, A 24;
+ apprehension of, A 35, A 38; capture rewarded, A 37; prevention
+ of, A 42; to Canada, A 50; trade with, inhibited, A 47; against
+ ferriage of, A 57, A 74; minor, A 61; pursuit of, A 79.
+
+ Russia, Emperor of, arbitration by, Sec. 22.
+
+
+ Saulsbury, amendments, C 51, C 53, C 58, C 70, C 81, C 83.
+
+ Savannah Georgian, advertisement in, Sec. 66.
+
+ Secrecy, observed by fugitives, Sec. 75.
+
+ Sedgwick, ----, on committee, Sec. 17.
+
+ Seizure, of North Carolina negroes, Sec. 19. See also Arrest,
+ Kidnapping Cases.
+
+ Seminoles, steal slaves, Sec. 22; trouble, Sec. 23; United States
+ claims on, B 19.
+
+ Sergeant, ----, on the fugitive slave bill, Sec. 20.
+
+ Servants, English, A 25, A 28; an act concerning, A 60;
+ regulation of, A 56, A 70, A 71; fugitive, A 9, A 19, A 21, A
+ 32, A 39, A 41, A 45, A 67, A 78; how to know a, A 20. See also
+ Fugitives, Runaways.
+
+ Sewall, Samuel E., counsels fugitives, Sec. 44, Sec. 57.
+
+ Seward, W. H., amendments, Sec. 29, B 30.
+
+ Shadrach, case, Sec. 57; personal liberty laws tested, Sec. 81;
+ Clay's resolution on, B 33; case, D 48.
+
+ Shank, ----, resolution, C 46.
+
+ Shanley vs. Haney case, D 8.
+
+ Shaw, Chief Justice, in Latimer case, Sec. 44.
+
+ Shell, O. P., advertises a runaway, Sec. 65.
+
+ Sheriff, power of, Sec. 30.
+
+ Sherman, John, amendments, Sec. 103, C 82.
+
+ Sherman, Roger, on the fugitive slave clause, Sec. 15; on
+ committee, Sec. 17.
+
+ Sherwood, Major, case of servant of, Sec. 94, D 67.
+
+ Ship, refuge for runaways, Sec. 67; slave on Brazilian, D 36.
+
+ Ship-masters, Dutch, rewarded, A 21.
+
+ Sims, Thomas M., case, Sec. 54; brigade, Sec. 54; court-house used as
+ jail, Sec. 81; case, D 47.
+
+ Slaves, conditions of life, Sec. 65; Mother's Farewell, extract
+ from, Sec. 64; stealing of, A 77; abolition of trade in, Sec. 20;
+ status of, in England, Sec. 22; question of damages, Sec. 30; must
+ wear livery, Sec. 65; new conditions surround, Sec. 88; regulation
+ of, A 49, A 54, A 55, A 60, A 64, A 67, A 70, A 71, A 72;
+ extradition of, B 21; status on the high seas, B 20, B 23; of
+ the Dutch, escape to the English, Sec. 8; escape to the forest, Sec.
+ 8; of rebels, resolutions on, Sec. 88; bill to free, C 52.
+
+ Slaveholder, demand for legislation, Sec. 15; basis of, argued, Sec.
+ 16; complaints of, Sec. 19.
+
+ Slave-hunters, how received, Sec. 72; insurrections to prevent, A
+ 68.
+
+ Slavery, condition in the colonies, Sec. 11; interests advanced, Sec.
+ 16; justification of, Sec. 16; extinction of, Sec. 33; attacked in
+ Congress, Sec. 89; abolition in the District of Columbia, Sec. 98, C
+ 62, C 65; studies of the institution of, E 3; studies of
+ colonial, E 3; speeches upon, E 8.
+
+ Smith, ----, on fugitive slave law, Sec. 20.
+
+ Smith, Gerrit, in Anderson case, Sec. 23; in "Jerry" rescue, Sec. 58.
+
+ Smithburg case, D 32.
+
+ Society for the Abolition of Slavery. See Pennsylvania.
+
+ Somersett case, Sec. 12, D 9.
+
+ Soule, ----, on the fugitive slave bill, Sec. 31.
+
+ South Bend Case, D 38.
+
+ South Carolina, regulations on fugitives, Sec. 2, Sec. 3; difficulty
+ in recovering fugitives, Sec. 8; constitutional convention in, Sec.
+ 15; regulations against runaways, A 43, A 47, A 58, A 62, A 64;
+ regulation of slaves, A 54, A 64, A 69, A 77.
+
+ Southern States, complain of Underground Railroad, Sec. 76.
+
+ Spalding, ----, repeal bill, Sec. 101, C 80.
+
+ Spanish colonies, interval of unpopulated country south, Sec. 1.
+
+ Sprague, E., 55.
+
+ State Jails. See Jails.
+
+ State Officers, power discussed, Sec. 19, Sec. 20; forfeiture of
+ office, Sec. 81; forbidden to act, Sec. 79, 81.
+
+ St. Augustine, escapes to, Sec. 8.
+
+ St. Luc, Sieur de la Corne, negro servant of, 11.
+
+ Staunton, General, in Sherwood case, Sec. 94.
+
+ Stevens, ----, repeal bill, Sec. 101, C 80; motion of, B 30.
+
+ Stevenson, ----, resolution, C 6.
+
+ Stewart, ----. See Somersett Case.
+
+ Story, Justice, decision in Prigg case, Sec. 25.
+
+ Stuyvesant, Governor, in fugitive slave case, Sec. 11.
+
+ Sumner, Charles, in Drayton case, Sec. 50; resolutions, Sec. 95;
+ repeal bills, Sec. 101, Sec. 102, C 80; resolutions, C 36, C 43, C
+ 74; amendment, C 57.
+
+ Suttle, Charles F., in Burns case, Sec. 55.
+
+ Swain, John, suit for slave, Sec. 5.
+
+ Swamps, as a refuge, Sec. 66.
+
+ Swan, Captain, in Wisdom case, Sec. 94.
+
+ Swedish colonies, along the coast, Sec. 1; regulations on
+ fugitives, Sec. 2.
+
+ Syracuse, "Jerry" rescue in, Sec. 58.
+
+
+ Taylor, ----, on committee, Sec. 17.
+
+ Ten Eyck, ----, amendment, C 51; report of, C 80.
+
+ Thomas case, D 30.
+
+ Thompson, ----, case, D 27.
+
+ Treaty, of Hartford, fugitive slave clause in, A 14; of 1783, B
+ 2; with Indian tribes, Sec. 13, Sec. 16, Sec. 17, Sec. 22, B 1, B 3, B 5, B
+ 8, B 11, B 12, B 19; of Ghent, Sec. 22, B 12; proposed with Great
+ Britain, Sec. 23.
+
+ Tremont Temple, mass meetings in, Sec. 54.
+
+ Trial, by jury, not admitted, in first act, Sec. 19; objected to,
+ Sec. 20; denied, Sec. 30; proposed, Sec. 87; resolution demanding, C 77.
+
+ Trumbull, confiscation bill, Sec. 91, C 30, C 37; bill, C 52;
+ amendments, C 31, C 57, C 78.
+
+ Tubman, Harriet, account of, Sec. 73.
+
+ Tukey, Marshal, in Sims case, Sec. 54.
+
+ Turc, escape of, Sec. 9.
+
+
+ Underground Railroad, beginnings of, Sec. 25; how regarded by the
+ South, Sec. 31; methods south of the Ohio, Sec. 56; use of, by John
+ Brown, Sec. 62; incident at, Sec. 64; description of, Sec. 70; rise and
+ growth, Sec. 71; stations on, described, Sec. 72; methods pursued, Sec.
+ 72; extent of system, Sec. 71; origin of name, Sec. 71; in the South,
+ Sec. 72; in the North, Sec. 72; colored agents on, Sec. 72, Sec. 73;
+ prosecution of agents, Sec. 74; formal organization, Sec. 75; market
+ women as helpers, Sec. 75.
+
+ Underwood, ----, amendment, B 30.
+
+ United Colonies, treaty with New Netherlands, A 14.
+
+ United States, reward offered for John Brown, Sec. 62; in Seminole
+ trouble, Sec. 22; in Anderson case, Sec. 23. See also Acts, Bills,
+ Fugitives, Resolutions, Runaways.
+
+ United States Hotel, slave hunters at, Sec. 69.
+
+
+ Vallandigham, C. L., amendment, C 25.
+
+ Van Zandt, aids fugitive, Sec. 50, D 25.
+
+ Vermont, personal liberty laws in, Sec. 79, Sec. 80, Sec. 82.
+
+ Vigilance committee organized, Sec. 41; in "Jerry" rescue, Sec. 58.
+
+ Villeinage, ceased in England, Sec. 12.
+
+ Virginia, regulations on fugitives, Sec. 3; rewards the recovery
+ of a fugitive, Sec. 8; slaves escape, Sec. 8; constitutional
+ convention in, Sec. 15; Governor of, action in "John" case, Sec. 17;
+ demands arrest of abettors of a fugitive, Sec. 47; regulation
+ against the entertainment of fugitives, A 6; regulations
+ against runaways, A 7, A 13, A 16, A 17, A 18, A 20, A 22, A
+ 25, A 27, A 30, A 33, A 35, A 37, A 52; reward for the capture
+ of runaways, A 21, A 36; on English runaways, A 22; in county
+ of Glocester, A 24; repeal law, A 44; amends law, A 48;
+ amended, A 66; against ferriage of runaways, A 74.
+
+
+ Walker, Jonathan, aids fugitives, Sec. 50, D 31.
+
+ Walton, ----, amendment, C 67, C 74.
+
+ Washington, President, asks for the return of a fugitive, Sec. 35,
+ D 13.
+
+ Washington case, Sec. 39, D 42.
+
+ Washington, jail, resolutions on, C 32, C 34, C 38, C 39, C 55.
+ See also Jail.
+
+ Webster, Daniel, in Creole case, Sec. 24; introduces bill, B 30.
+
+ Wellington. See Oberlin-Wellington.
+
+ West India Company, regulation of, Sec. 2; execution of regulation
+ Sec. 7; ordinance of, A 1.
+
+ Whipping, motive for flight, Sec. 64.
+
+ Whipple, ----, in kidnapping case, Sec. 35.
+
+ White, ----, on committee, Sec. 17.
+
+ White slaves. See Redemptioners, Servants.
+
+ Whitman, ----, on the fugitive slave bill Sec. 19, Sec. 20.
+
+ Williams case, D 17.
+
+ Williamson case, D 59.
+
+ Wilkins, Frederick. See Shadrach.
+
+ Wilson, ----, on Butler's proposition, Sec. 15.
+
+ Wilson, Henry, on confiscation, Sec. 90; bills, Sec. 98, C 42, C 48,
+ C 54, C 56; resolutions, Sec. 95, Sec. 97, C 32, C 33, C 47, C 55, C
+ 61; amendment, C 71.
+
+ Winthrop, ----, amendment, B 30.
+
+ Winthrop, Governor John, in fugitive slave case, Sec. 11.
+
+ Wisconsin, personal liberty laws in, Sec. 80, Sec. 82; Supreme Court
+ decision, D 85.
+
+ Wisdom case, Sec. 94, D 66.
+
+ Woodbridge resolutions, Sec. 23, B 21.
+
+ Woods, as a refuge, Sec. 1, Sec. 66.
+
+ Wright, ----, presents Maryland Resolution, Sec. 21.
+
+ Writ, of habeas corpus, in Somersett case, Sec. 12; allowed, Sec. 20;
+ advisability of, Sec. 19, Sec. 20; refused, Sec. 23; issued, Sec. 42; of
+ personal replevin, sworn out, Sec. 44.
+
+
+ Yulee, on the fugitive slave law, Sec. 31.
+
+
+
+
+[Transcriber's note: _Underscores_ indicate text in _italic_ font;
+=equal= signs indicate =bold= font. Original spelling varieties have
+been maintained; footnotes were renumbered. The index was changed to
+refer to section numbers instead of page numbers. Abbreviations and
+references changed for clarity: Sec. 11.: o'selves--> we could not promise
+ourselves from you; w'ch--> which are shortly like to be nearer
+neighbors; O'tres--> vpon the receiving of these Outres; p'ties--> the
+demand of the parties interessted; p'sons--> compell such other persons.
+Sec. 29., Footnotes 158, 159: "Appendix B, Nos. 68., 83., 84." not found;
+see Appendix B, No. 30.--"Sec. 84" not listed in the original.--Sec. 101.,
+Footnote 366: "Appendix C, Nos. 104, 106." not found; see Appendix C,
+No. 80. Sec. 103., Footnote 384: "Appendix C, No. 116." not found; see
+Appendix C, No. 83. Appendix A, No. 9.: appr'ntices--> apprentices;
+w'th--> with; fr'o--> from; pr'euenting--> preuenting. Appendix A, 31.:
+ag't--> against; Satisfacc'on--> Satisfaccion; reparac'on--> reparacion;
+Lord Prop'ry--> Lord Proprietary; publicac'on--> publicacion;
+Informac'on--> Informacion. Appendix A, No. 66.: goalers--> Fees of the
+gaolers given. Appendix C, No. 80: "See No. 84" not found, linked to No.
+83. Appendix E, No. 9.: reminscences--> the reminiscences of
+participants.]
+
+
+
+
+
+End of Project Gutenberg's Fugitive Slaves, by Marion Gleason McDougall
+
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