Fugitive Slaves, Fugitive Slave Laws

In all the colonies provision was made by law for the arrest and return of fugitive slaves. The articles of confederation between the New England colonies in 1643 provided for mutual restoration between those colonies. Somersett's case prevented extradition from England. The Ordinance for the Northwest Territory provided for return of fugitives thence. The Constitution of 1787 provided that no fugitive slave, fleeing into a free State, should therefore be free, but that he should be delivered up on claim by his owner. In 1793 Congre pa ed the first Fugitive Slave Act, providing that, on the owner’s giving proof of ownership before a magistrate of the locality where the slave was found, the magistrate should order the slave delivered up to him, without trial by jury. Hindering arrest or harboring a runaway slave was punishable by fine of five hundred dollars. The law was open to much abuse. Many free negroes in Northern States were kidnaped. Interference with captures and rescue of arrested negroes became more frequent as anti-slavery feeling increased in the North. In Prigg vs. Pennsylvania the Supreme Court held that the law must be carried out by Federal authorities alone; States or State authorities could not be forced to act (1842). Several States then forbade them to do so. The escape of slaves to Canada was extensive, and systematically aided by the Underground Railway. (See art.) In 1850, as a part of the compromise measures of that year, a law was pa ed providing for a stricter practice in the matter, throngh U. S. commi ioners appointed by the U. S. courts. Proof of identity and two witne es to the fact of escape were all that was required as evidence. The negro could not testify, nor have jury-trial. Upon this many Northern States pa ed ‘‘ Personal Liberty Laws’ for the protection of negroes, Some of these conflicted with the Act of 1850 and even with the Constitution, The Act of 1850 aroused great feeling in the North, the ‘‘ Personal Liberty Laws’’ in the South. The question of fugitive slaves did much to bring on the Civil War. The war and emancipation ended the whole matter. The acts were repealed in 1864. 278