[717]Congressional Globe, Thirty-first Congress, First Session, p. 1583; also M. G. McDougall,Fugitive Slaves, p. 31.[718]Wilson,Rise and Fall of the Slave Power in America, Vol. II, p. 306.[719]Samuel J. May,Some Recollections of Our Anti-Slavery Conflict, p. 353.[720]John Weiss,Life and Correspondence of Theodore Parker, Vol. II, p. 94.[721]Article by the Rev. S. D. Peet, inHistory of Ashtabula County, Ohio, pp. 33, 34.[722]"No sooner was the deed done, the Fugitive Slave Act sent forth to be the law of the land, than outcries of contempt and defiance came from every free state, and pledges of protection were given to the colored population. It is not within the scope of my plan to attempt an account of the indignation meetings that were held in places too numerous to be even mentioned here." S. J. May,Some Recollections of the Anti-Slavery Conflict, p. 349.[723]M. G. McDougall,Fugitive Slaves, pp. 65-70, and the references there given.[724]Scrap-book of clippings, circulars, etc., presented to the Boston Public Library by Mrs. L. L. Parker.[725]C. E. Stevens,Anthony Burns, A History, 1856, p. 208.[726]Quoted by F. B. Sanborn, in hisLife of Dr. S. G. Howe, the Philanthropist, pp. 237, 238, 239. Similar stories are related by Lydia Maria Child, in herLife of Isaac T. Hopper, pp. 455-458.[727]Letter of John F. Hogue, Greenville, Pa., Nov. 25, 1895; letter of the Rev. James Lawson, Franklin, Pa., Nov. 25, 1895.[728]Life of William Lloyd Garrison, Vol. III, p. 302. See also Rhodes'sHistory of the United States, Vol. I, p. 198.[729]The Life of Josiah Henson, formerly a Slave, as narrated by Himself, pp. 97, 98, 99.[730]Conversation with Mr. Bingey, Windsor, Ont., July 31, 1896.[731]Life of Garrison, Vol. III, p. 302; also foot-note, pp. 302, 303.[732]"Some of the boldest chose to remain, and armed themselves to defend their freedom, instinctively calculating that the sight of such an exigency would make the Northern heart beat too rapidly for prudence!" Weiss,Life and Correspondence of Theodore Parker, Vol. II, p. 92.[733]Letter of Mr. Higginson, Cambridge, Mass., Feb. 5, 1894.[734]R. C. Smedley,History of the Underground Railroad, p. 210.[735]C. E. Stevens,Anthony Burns, A History, p. 208. In a foot-note it is said, "The church is a neat and commodious brick structure, two stories in height, and handsomely finished in the interior. It will seat five or six hundred people. The whole cost, including the land, was $13,000, of which, through the exertion of Mr. Grimes, $10,000 have already (1856) been paid...."[736]Some Recollections of our Anti-Slavery Conflict, pp. 202, 203.[737]Rev. Calvin Fairbank During Slavery Times, pp. 46, 48, 49.[738]Article by A. H. Grimké, on "Anti-Slavery Boston," inThe New England Magazine, December, 1890, p. 458.[739]S. J. May,Some Recollections of our Anti-Slavery Conflict, p. 289.[740]Narrative of William W. Brown, A Fugitive Slave, pp. 106, 107, 108.[741]Letters of Mrs. Susan Crane, Elmira, N.Y.; letters of John W. Jones, Elmira, N.Y.; see also Still,Underground Railroad Records, p. 530.[742]Letters of Mr. Martin I. Townsend, Troy. N.Y., Sept. 4, 1896, and April 3, 1897.[743]Conversation with Mr. Poindexter, Columbus, O., in the summer of 1895.[744]M. G. McDougall,Fugitive Slaves, pp. 17, 18.[745]Statutes at Large, I, 302-305.[746]Professor Eugene Wambaugh, of the Law School of Harvard University, in a letter to the author, comments as follows on the source of the injustice wrought by the Fugitive Slave acts: "The difficulty lay in the initial assumption that a human being can be property. Grant this assumption, and there follow many absurdities, among them the impossibility of framing a Fugitive Slave Law that shall be both logical and humane. Human beings are entitled to a trial of the normal sort, especially in a case involving the liability of personal restraint. Chattels, however, are entitled to no trial at all; and if a chattel be lost or stolen, the owner may retake it wherever he finds it, provided he commits no breach of the peace. (3 Blackstone'sCommentaries, 4.) If slaves had been treated as ordinary chattels, there could have been no trial as to the ownership of them, unless, indeed, there were a dispute between competing claimants. There would have been, however, the fatal objection that thus a free man—black, mulatto, or white—might be enslaved without a hearing. Here, then, is a puzzle. If the man is a slave, he is entitled to no trial at all. If he is free, he is entitled to a trial of the most careful sort, surrounded with all the safeguards that have been thrown up by the law. When there is such a dilemma, is it strange that there should be a compromise? The Fugitive Slave Laws really were a compromise; for in so far as they provided for an abnormal and incomplete trial, a hearing before a United States Commissioner, simply to determine rights as between the supposed slave and the supposed master, they conceded the radical impossibility of following out logically the supposition that human beings can be chattels, and, in so far as they denied to the supposed slave the normal trial, they assumed in advance that he was a slave. I need not write of the dilemma further. A procedure intermediate between a formal trial and a total denial of justice was probably the only solution practicable in those days; but it was an illogical solution, and the only logical solution was emancipation."[747]5Sergeant and Rawle's Reports, 63. See Appendix B, p. 368.[748]14Wendell's Reports, 514. See Appendix B, p. 368.[749]In the Circuit Court of the United States for the Southern District of New York. 2Paine's Reports, 352.[750]2Western Law Journal, 282.[751]Amendments, Article VII.[752]Ibid., Article V.[753]12 Wendell's Reports, 315-324.[754]2 Pickering's Reports, 12. See Appendix B, p. 368.[755]Amendments, Article IV; 2Pickering's Reports, 15, 16.[756]2Pickering's Reports, 19.[757]In the Circuit Court of the United States for the Eastern District of Pennsylvania. 1Baldwin's Circuit Court Reports, p. 571 et seq. See Appendix B, p. 368.[758]2Paine's Reports, 350. See Appendix B, p. 369.[759]16Peters' Reports, 613.[760]2Western Law Journal, 282. See Appendix B, p. 371.[761]1Baldwin's Circuit Court Reports, 571; Hurd,Law of Freedom and Bondage, Vol. II, p. 444.[762]16Peters' Reports, 613.[763]12Wendell's Reports, 311, 316-318.[764]See Appendix B, p. 370.[765]16Peters' Reports, 579.[766]Ibid., 588-590.[767]Ibid., 595.[768]Ibid., 602.[769]Ibid., 612-617.[770]See Chap. II, pp. 28, 32.[771]2Western Law Journal, 279-293.[772]3Western Law Journal, 65-71; also, 3McLean's Reports, 530-538.[773]5Howard's Reports, 215et seq.[774]2Western Law Journal, 281, 283; 3McLean, 530.[775]2Western Law Journal, 288.[776]3McLean's Reports, 532; 3Western Law Journal, 65.[777]5Howard's Reports, 230, 231.[778]2Paine's Reports, 354; 2Western Law Journal, 282.[779]2Paine's Reports, 354, 355; also, 2Western Law Journal, 289.[780]See Section 3 of the act,Statutes at Large, I, 302-305.[781]16Peters' Reports, 598.[782]16 Peters' Reports, 608, 622. See also Marion G. McDougall'sFugitive Slaves, pp. 108, 109.[783]M. G. McDougall'sFugitive Slaves, p. 28.[784]See Chap. IX, pp. 245, 246, and Chap. X, p. 337.[785]Statutes at Large, IX, 462.[786]Henry W. Rogers, Editor,Constitutional History of the United States as seen in the Development of American Law, Lecture III, by George W. Biddle, p. 152.[787]Section 3 of the law of 1793 provided that "the person to whom such labour or service may be due, his agent or attorney, is hereby empowered to seize and arrest such fugitive from labour, and to take him or her before any judge of the circuit or district courts of the United States, ... within the state, or before any magistrate of a county (etc.) ... wherein such seizure ... shall be made, and upon proof to the satisfaction of such judge or magistrate ... it shall be the duty of such judge or magistrate to give a certificate thereof ... which shall be a sufficient warrant for removing the said fugitive ... to the state or territory from which he or she fled."Section 6 of the act of 1850 provides that "the person or persons to whom such service or labour may be due, or his, her, or their agent or attorney ... may pursue and reclaim such fugitive person, either by procuring a warrant ... 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 ... in a summary manner; and upon satisfactory proof ... to make out and deliver to such claimant, his or her agent or attorney, a certificate ... with authority ... to use such reasonable force ... as may be necessary ... to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid."[788]Sims' case, tried before the Supreme Judicial Court of Massachusetts, March term, 1851. See 7Cushing's Reports, 310.Millervs.McQuerry, tried before the Circuit Court of the United States, in Ohio, 1853. See 5McLean's Reports, 481-484.Ex parteSimeon Bushnell, etc., tried before the Supreme Court of Ohio, May, 1859. See 9Ohio State Reports, 170.[789]Norrisvs.Newton et al., tried before the Circuit Court of the United States, in Indiana, May term, 1850. See 5McLean's Reports, 98.Ex parteSimeon Bushnell, etc. See 9Ohio State Reports, 174.United Statesvs.Buck, tried before the District Court of the United States for the Eastern District of Pennsylvania, 1860. See 8American Law Register, 543.[790]Booth's case, tried before the Supreme Court of Wisconsin, June term, 1854. See 3Wisconsin Reports, 3.Ex parteSimeon Bushnell, andex parteCharles Langston, tried before the Supreme Court of Ohio, May, 1859. See 9Ohio State Reports, 111, 114-117, 124, 186.[791]Sims' case. See 7Cushing's Reports, 290. Booth's case. See 3Wisconsin Reports.[792]For the text of the Slave Laws, see Appendix A, pp. 359-366.[793]Marion G. McDougall,Fugitive Slaves, pp. 43 and 44, with the references there given; Wilson,Rise and Fall of the Slave Power, Vol. II, pp. 304, 305. See Appendix B, p. 372.[794]7 Cushing's Reports, 287. The constitutional requirement will be found in Article III, Section 1, of the Constitution of the United States.[795]5McLean's Reports, 481.[796]3Wisconsin Reports, 39.[797]6McLean's Reports, 359.[798]9Ohio State Reports, 176.[799]3Wisconsin Reports, 64.[800]6McLean's Reports, 359, 360.[801]Hurd,Law of Freedom and Bondage, Vol. II, p. 747.[802]5McLean's Reports, 481.[803]1Blatchford's Circuit Court Reports, 636.[804]Washington's Circuit Court Reports, 327-331.[805]Baldwins Circuit Court Reports, 571-605.[806]Washington's Circuit Court Reports, 327-331.[807]McLean's Reports, 612.[808]Howard's Reports, 215-232; see also Schuckers,Life and Public Services of S. P. Chase, 53-66; Warden,Private Life and Public Services of S. P. Chase, 296-298.[809]McLean's Reports, 402-426.[810]5McLean's Reports, 92-106.[811]2Wallace Jr.'s Reports, 324-326.[812]6McLean's Reports, 259-273. Mr. Sloane's account of the case will be found inThe Firelands Pioneerfor July, 1888, pp. 46-49. A copy of the certificate of the clerk of court there given is here reproduced:—"Louis F. Weimervs.Rush R. Sloane. United States District of Ohio, in debt.October Term, 1854.Judgment for Plaintiff for $3000 and costs.Received July 8th, 1856, of Rush R. Sloane, the above Defendant, a receipt of Louis F. Weimer, the above Plaintiff, bearing date Dec. 14th, 1854, for $3000, acknowledging full satisfaction of the above judgment, except the costs; also a receipt of L. F. Weimer, Sr., per Joseph Doniphan, attorney, for $85, the amount of Plaintiff's witness fees in said case; also certificates of Defendant's witnesses in above case for $162; also $20 in money, the attorney's docket fees attached, which, with the clerk and marshal's fees heretofore paid, is in full of the costs in said case.(Signed)William Miner,Clerk."[813]For the first trial (1845), see 3McLean's Reports, 631;s. c. 5 Western Law Journal, 25; 7Federal Cases, 1100; for the second trial (1847), see 10Law Reporter, 395;s. c.5Western Law Journal, 206; 7Federal Cases, 1093; for the third trial (1849), see 5McLean's Reports, 64;s. c.7Western Law Journal, 222; 7Federal Cases, 1095. See alsoThe Firelands Pioneer, July, 1888, pp. 41, 42.[814]5Illinois Reports, 498-518; 14Howard's Reports, 13, 14.[815]4McLean's Reports, 504-515.[816]2Wallace Jr.'s Reports, 313, 317-323.[817]21Howard's Reports, 510;The Fugitive Slave Law in Wisconsin, with Reference to Nullification Sentiment, by Vroman Mason, p. 134.[818]Smedley,Underground Railroad, pp. 107, 108; 2Wallace Jr.'s Reports, 159.[819]Still'sUnderground Railroad Records, pp. 348-368; Smedley,Underground Railroad, pp. 107-130; 2Wallace Jr.'s Reports, pp. 134-206; M. G. McDougall,Fugitive Slaves, pp. 50, 51; Wilson,Rise and Fall of the Slave Power, Vol. II, pp. 328, 329.[820]Wilson,Rise and Fall of the Slave Power, Vol. I, p. 477.[821]Letter of Mr. Hayes, Fremont, O., Aug. 4, 1892.[822]Reminiscences of Levi Coffin, pp. 548, 549.[823]Rhodes,History of the United States, Vol. II, p. 364. The others representing the rescuers were Franklin T. Backus and Seneca O. Griswold. See J. R. Shipherd'sHistory of the Oberlin-Wellington Rescue, p. 14.[824]Conversation with Judge William H. West, Bellefontaine, O., Aug. 11, 1894.[825]M. G. McDougall,Fugitive Slaves, p. 35.[826]Ibid., pp. 44, 46, 47.[827]G. H. Woodruff,History of Will County, Illinois, p. 264.[828]TheOttawa Republican, Nov. 9, 1891. The hearing occurred Oct. 20, 1859.[829]ThePontiac(Ill.)Sentinel, 1891-1892.[830]TheTabor(Ia.)Beacon, 1890-1891, Chap. XXI of a series of articles by the Rev. John Todd, on "The Early Settlement and Growth of Western Iowa."[831]Underground Railroad Records, p. 367.[832]Smedley,Underground Railroad, p. 359.[833]This case is given by Mr. Noah Brooks, in hisWashington in Lincoln's Time, 1895, pp. 197, 198.[834]Wilson,Rise and Fall of the Slave Power, Vol. III, p. 395.[835]Congressional Globe, Thirty-seventh Congress, First Session, 1356.[836]Liberator, May 1, 1863. Extract from theFrankfort Commonwealth, quoted by M. G. McDougall,Fugitive Slaves, p. 80.[837]Congressional Globe, Thirty-eighth Congress, First Session, 2913. See also M. G. McDougall,Fugitive Slaves, p. 85.[838]Laws and Ordinances of New Netherlands, 32.[839]Ibid.[840]Ibid., 104.[841]Laws of New Netherlands, 344.[842]Acts of Province of New York from 1691 to 1718, p. 58.[843]Ibid., 193.[844]Statutes at Large, Hening,Laws of Virginia, I, 253.[845]Ibid., I, 401.[846]Ibid., I, 439.[847]Ibid., II, 239.[848]Ibid., IV, 168.[849]Maryland Archives, Assembly Proceedings, 147.[850]New Jersey Laws, 82.[851]Ibid., 109.[852]Charters and General Laws of the Colony and Province of Massachusetts Bay, 386, 750 (1707 and 1718 respectively).[853]Proceedings of General Assembly, Colony of Rhode Island and Providence Plantations, Providence, 177;Records of Colony of Rhode Island, 177.
[717]Congressional Globe, Thirty-first Congress, First Session, p. 1583; also M. G. McDougall,Fugitive Slaves, p. 31.
[717]Congressional Globe, Thirty-first Congress, First Session, p. 1583; also M. G. McDougall,Fugitive Slaves, p. 31.
[718]Wilson,Rise and Fall of the Slave Power in America, Vol. II, p. 306.
[718]Wilson,Rise and Fall of the Slave Power in America, Vol. II, p. 306.
[719]Samuel J. May,Some Recollections of Our Anti-Slavery Conflict, p. 353.
[719]Samuel J. May,Some Recollections of Our Anti-Slavery Conflict, p. 353.
[720]John Weiss,Life and Correspondence of Theodore Parker, Vol. II, p. 94.
[720]John Weiss,Life and Correspondence of Theodore Parker, Vol. II, p. 94.
[721]Article by the Rev. S. D. Peet, inHistory of Ashtabula County, Ohio, pp. 33, 34.
[721]Article by the Rev. S. D. Peet, inHistory of Ashtabula County, Ohio, pp. 33, 34.
[722]"No sooner was the deed done, the Fugitive Slave Act sent forth to be the law of the land, than outcries of contempt and defiance came from every free state, and pledges of protection were given to the colored population. It is not within the scope of my plan to attempt an account of the indignation meetings that were held in places too numerous to be even mentioned here." S. J. May,Some Recollections of the Anti-Slavery Conflict, p. 349.
[722]"No sooner was the deed done, the Fugitive Slave Act sent forth to be the law of the land, than outcries of contempt and defiance came from every free state, and pledges of protection were given to the colored population. It is not within the scope of my plan to attempt an account of the indignation meetings that were held in places too numerous to be even mentioned here." S. J. May,Some Recollections of the Anti-Slavery Conflict, p. 349.
[723]M. G. McDougall,Fugitive Slaves, pp. 65-70, and the references there given.
[723]M. G. McDougall,Fugitive Slaves, pp. 65-70, and the references there given.
[724]Scrap-book of clippings, circulars, etc., presented to the Boston Public Library by Mrs. L. L. Parker.
[724]Scrap-book of clippings, circulars, etc., presented to the Boston Public Library by Mrs. L. L. Parker.
[725]C. E. Stevens,Anthony Burns, A History, 1856, p. 208.
[725]C. E. Stevens,Anthony Burns, A History, 1856, p. 208.
[726]Quoted by F. B. Sanborn, in hisLife of Dr. S. G. Howe, the Philanthropist, pp. 237, 238, 239. Similar stories are related by Lydia Maria Child, in herLife of Isaac T. Hopper, pp. 455-458.
[726]Quoted by F. B. Sanborn, in hisLife of Dr. S. G. Howe, the Philanthropist, pp. 237, 238, 239. Similar stories are related by Lydia Maria Child, in herLife of Isaac T. Hopper, pp. 455-458.
[727]Letter of John F. Hogue, Greenville, Pa., Nov. 25, 1895; letter of the Rev. James Lawson, Franklin, Pa., Nov. 25, 1895.
[727]Letter of John F. Hogue, Greenville, Pa., Nov. 25, 1895; letter of the Rev. James Lawson, Franklin, Pa., Nov. 25, 1895.
[728]Life of William Lloyd Garrison, Vol. III, p. 302. See also Rhodes'sHistory of the United States, Vol. I, p. 198.
[728]Life of William Lloyd Garrison, Vol. III, p. 302. See also Rhodes'sHistory of the United States, Vol. I, p. 198.
[729]The Life of Josiah Henson, formerly a Slave, as narrated by Himself, pp. 97, 98, 99.
[729]The Life of Josiah Henson, formerly a Slave, as narrated by Himself, pp. 97, 98, 99.
[730]Conversation with Mr. Bingey, Windsor, Ont., July 31, 1896.
[730]Conversation with Mr. Bingey, Windsor, Ont., July 31, 1896.
[731]Life of Garrison, Vol. III, p. 302; also foot-note, pp. 302, 303.
[731]Life of Garrison, Vol. III, p. 302; also foot-note, pp. 302, 303.
[732]"Some of the boldest chose to remain, and armed themselves to defend their freedom, instinctively calculating that the sight of such an exigency would make the Northern heart beat too rapidly for prudence!" Weiss,Life and Correspondence of Theodore Parker, Vol. II, p. 92.
[732]"Some of the boldest chose to remain, and armed themselves to defend their freedom, instinctively calculating that the sight of such an exigency would make the Northern heart beat too rapidly for prudence!" Weiss,Life and Correspondence of Theodore Parker, Vol. II, p. 92.
[733]Letter of Mr. Higginson, Cambridge, Mass., Feb. 5, 1894.
[733]Letter of Mr. Higginson, Cambridge, Mass., Feb. 5, 1894.
[734]R. C. Smedley,History of the Underground Railroad, p. 210.
[734]R. C. Smedley,History of the Underground Railroad, p. 210.
[735]C. E. Stevens,Anthony Burns, A History, p. 208. In a foot-note it is said, "The church is a neat and commodious brick structure, two stories in height, and handsomely finished in the interior. It will seat five or six hundred people. The whole cost, including the land, was $13,000, of which, through the exertion of Mr. Grimes, $10,000 have already (1856) been paid...."
[735]C. E. Stevens,Anthony Burns, A History, p. 208. In a foot-note it is said, "The church is a neat and commodious brick structure, two stories in height, and handsomely finished in the interior. It will seat five or six hundred people. The whole cost, including the land, was $13,000, of which, through the exertion of Mr. Grimes, $10,000 have already (1856) been paid...."
[736]Some Recollections of our Anti-Slavery Conflict, pp. 202, 203.
[736]Some Recollections of our Anti-Slavery Conflict, pp. 202, 203.
[737]Rev. Calvin Fairbank During Slavery Times, pp. 46, 48, 49.
[737]Rev. Calvin Fairbank During Slavery Times, pp. 46, 48, 49.
[738]Article by A. H. Grimké, on "Anti-Slavery Boston," inThe New England Magazine, December, 1890, p. 458.
[738]Article by A. H. Grimké, on "Anti-Slavery Boston," inThe New England Magazine, December, 1890, p. 458.
[739]S. J. May,Some Recollections of our Anti-Slavery Conflict, p. 289.
[739]S. J. May,Some Recollections of our Anti-Slavery Conflict, p. 289.
[740]Narrative of William W. Brown, A Fugitive Slave, pp. 106, 107, 108.
[740]Narrative of William W. Brown, A Fugitive Slave, pp. 106, 107, 108.
[741]Letters of Mrs. Susan Crane, Elmira, N.Y.; letters of John W. Jones, Elmira, N.Y.; see also Still,Underground Railroad Records, p. 530.
[741]Letters of Mrs. Susan Crane, Elmira, N.Y.; letters of John W. Jones, Elmira, N.Y.; see also Still,Underground Railroad Records, p. 530.
[742]Letters of Mr. Martin I. Townsend, Troy. N.Y., Sept. 4, 1896, and April 3, 1897.
[742]Letters of Mr. Martin I. Townsend, Troy. N.Y., Sept. 4, 1896, and April 3, 1897.
[743]Conversation with Mr. Poindexter, Columbus, O., in the summer of 1895.
[743]Conversation with Mr. Poindexter, Columbus, O., in the summer of 1895.
[744]M. G. McDougall,Fugitive Slaves, pp. 17, 18.
[744]M. G. McDougall,Fugitive Slaves, pp. 17, 18.
[745]Statutes at Large, I, 302-305.
[745]Statutes at Large, I, 302-305.
[746]Professor Eugene Wambaugh, of the Law School of Harvard University, in a letter to the author, comments as follows on the source of the injustice wrought by the Fugitive Slave acts: "The difficulty lay in the initial assumption that a human being can be property. Grant this assumption, and there follow many absurdities, among them the impossibility of framing a Fugitive Slave Law that shall be both logical and humane. Human beings are entitled to a trial of the normal sort, especially in a case involving the liability of personal restraint. Chattels, however, are entitled to no trial at all; and if a chattel be lost or stolen, the owner may retake it wherever he finds it, provided he commits no breach of the peace. (3 Blackstone'sCommentaries, 4.) If slaves had been treated as ordinary chattels, there could have been no trial as to the ownership of them, unless, indeed, there were a dispute between competing claimants. There would have been, however, the fatal objection that thus a free man—black, mulatto, or white—might be enslaved without a hearing. Here, then, is a puzzle. If the man is a slave, he is entitled to no trial at all. If he is free, he is entitled to a trial of the most careful sort, surrounded with all the safeguards that have been thrown up by the law. When there is such a dilemma, is it strange that there should be a compromise? The Fugitive Slave Laws really were a compromise; for in so far as they provided for an abnormal and incomplete trial, a hearing before a United States Commissioner, simply to determine rights as between the supposed slave and the supposed master, they conceded the radical impossibility of following out logically the supposition that human beings can be chattels, and, in so far as they denied to the supposed slave the normal trial, they assumed in advance that he was a slave. I need not write of the dilemma further. A procedure intermediate between a formal trial and a total denial of justice was probably the only solution practicable in those days; but it was an illogical solution, and the only logical solution was emancipation."
[746]Professor Eugene Wambaugh, of the Law School of Harvard University, in a letter to the author, comments as follows on the source of the injustice wrought by the Fugitive Slave acts: "The difficulty lay in the initial assumption that a human being can be property. Grant this assumption, and there follow many absurdities, among them the impossibility of framing a Fugitive Slave Law that shall be both logical and humane. Human beings are entitled to a trial of the normal sort, especially in a case involving the liability of personal restraint. Chattels, however, are entitled to no trial at all; and if a chattel be lost or stolen, the owner may retake it wherever he finds it, provided he commits no breach of the peace. (3 Blackstone'sCommentaries, 4.) If slaves had been treated as ordinary chattels, there could have been no trial as to the ownership of them, unless, indeed, there were a dispute between competing claimants. There would have been, however, the fatal objection that thus a free man—black, mulatto, or white—might be enslaved without a hearing. Here, then, is a puzzle. If the man is a slave, he is entitled to no trial at all. If he is free, he is entitled to a trial of the most careful sort, surrounded with all the safeguards that have been thrown up by the law. When there is such a dilemma, is it strange that there should be a compromise? The Fugitive Slave Laws really were a compromise; for in so far as they provided for an abnormal and incomplete trial, a hearing before a United States Commissioner, simply to determine rights as between the supposed slave and the supposed master, they conceded the radical impossibility of following out logically the supposition that human beings can be chattels, and, in so far as they denied to the supposed slave the normal trial, they assumed in advance that he was a slave. I need not write of the dilemma further. A procedure intermediate between a formal trial and a total denial of justice was probably the only solution practicable in those days; but it was an illogical solution, and the only logical solution was emancipation."
[747]5Sergeant and Rawle's Reports, 63. See Appendix B, p. 368.
[747]5Sergeant and Rawle's Reports, 63. See Appendix B, p. 368.
[748]14Wendell's Reports, 514. See Appendix B, p. 368.
[748]14Wendell's Reports, 514. See Appendix B, p. 368.
[749]In the Circuit Court of the United States for the Southern District of New York. 2Paine's Reports, 352.
[749]In the Circuit Court of the United States for the Southern District of New York. 2Paine's Reports, 352.
[750]2Western Law Journal, 282.
[750]2Western Law Journal, 282.
[751]Amendments, Article VII.
[751]Amendments, Article VII.
[752]Ibid., Article V.
[752]Ibid., Article V.
[753]12 Wendell's Reports, 315-324.
[753]12 Wendell's Reports, 315-324.
[754]2 Pickering's Reports, 12. See Appendix B, p. 368.
[754]2 Pickering's Reports, 12. See Appendix B, p. 368.
[755]Amendments, Article IV; 2Pickering's Reports, 15, 16.
[755]Amendments, Article IV; 2Pickering's Reports, 15, 16.
[756]2Pickering's Reports, 19.
[756]2Pickering's Reports, 19.
[757]In the Circuit Court of the United States for the Eastern District of Pennsylvania. 1Baldwin's Circuit Court Reports, p. 571 et seq. See Appendix B, p. 368.
[757]In the Circuit Court of the United States for the Eastern District of Pennsylvania. 1Baldwin's Circuit Court Reports, p. 571 et seq. See Appendix B, p. 368.
[758]2Paine's Reports, 350. See Appendix B, p. 369.
[758]2Paine's Reports, 350. See Appendix B, p. 369.
[759]16Peters' Reports, 613.
[759]16Peters' Reports, 613.
[760]2Western Law Journal, 282. See Appendix B, p. 371.
[760]2Western Law Journal, 282. See Appendix B, p. 371.
[761]1Baldwin's Circuit Court Reports, 571; Hurd,Law of Freedom and Bondage, Vol. II, p. 444.
[761]1Baldwin's Circuit Court Reports, 571; Hurd,Law of Freedom and Bondage, Vol. II, p. 444.
[762]16Peters' Reports, 613.
[762]16Peters' Reports, 613.
[763]12Wendell's Reports, 311, 316-318.
[763]12Wendell's Reports, 311, 316-318.
[764]See Appendix B, p. 370.
[764]See Appendix B, p. 370.
[765]16Peters' Reports, 579.
[765]16Peters' Reports, 579.
[766]Ibid., 588-590.
[766]Ibid., 588-590.
[767]Ibid., 595.
[767]Ibid., 595.
[768]Ibid., 602.
[768]Ibid., 602.
[769]Ibid., 612-617.
[769]Ibid., 612-617.
[770]See Chap. II, pp. 28, 32.
[770]See Chap. II, pp. 28, 32.
[771]2Western Law Journal, 279-293.
[771]2Western Law Journal, 279-293.
[772]3Western Law Journal, 65-71; also, 3McLean's Reports, 530-538.
[772]3Western Law Journal, 65-71; also, 3McLean's Reports, 530-538.
[773]5Howard's Reports, 215et seq.
[773]5Howard's Reports, 215et seq.
[774]2Western Law Journal, 281, 283; 3McLean, 530.
[774]2Western Law Journal, 281, 283; 3McLean, 530.
[775]2Western Law Journal, 288.
[775]2Western Law Journal, 288.
[776]3McLean's Reports, 532; 3Western Law Journal, 65.
[776]3McLean's Reports, 532; 3Western Law Journal, 65.
[777]5Howard's Reports, 230, 231.
[777]5Howard's Reports, 230, 231.
[778]2Paine's Reports, 354; 2Western Law Journal, 282.
[778]2Paine's Reports, 354; 2Western Law Journal, 282.
[779]2Paine's Reports, 354, 355; also, 2Western Law Journal, 289.
[779]2Paine's Reports, 354, 355; also, 2Western Law Journal, 289.
[780]See Section 3 of the act,Statutes at Large, I, 302-305.
[780]See Section 3 of the act,Statutes at Large, I, 302-305.
[781]16Peters' Reports, 598.
[781]16Peters' Reports, 598.
[782]16 Peters' Reports, 608, 622. See also Marion G. McDougall'sFugitive Slaves, pp. 108, 109.
[782]16 Peters' Reports, 608, 622. See also Marion G. McDougall'sFugitive Slaves, pp. 108, 109.
[783]M. G. McDougall'sFugitive Slaves, p. 28.
[783]M. G. McDougall'sFugitive Slaves, p. 28.
[784]See Chap. IX, pp. 245, 246, and Chap. X, p. 337.
[784]See Chap. IX, pp. 245, 246, and Chap. X, p. 337.
[785]Statutes at Large, IX, 462.
[785]Statutes at Large, IX, 462.
[786]Henry W. Rogers, Editor,Constitutional History of the United States as seen in the Development of American Law, Lecture III, by George W. Biddle, p. 152.
[786]Henry W. Rogers, Editor,Constitutional History of the United States as seen in the Development of American Law, Lecture III, by George W. Biddle, p. 152.
[787]Section 3 of the law of 1793 provided that "the person to whom such labour or service may be due, his agent or attorney, is hereby empowered to seize and arrest such fugitive from labour, and to take him or her before any judge of the circuit or district courts of the United States, ... within the state, or before any magistrate of a county (etc.) ... wherein such seizure ... shall be made, and upon proof to the satisfaction of such judge or magistrate ... it shall be the duty of such judge or magistrate to give a certificate thereof ... which shall be a sufficient warrant for removing the said fugitive ... to the state or territory from which he or she fled."Section 6 of the act of 1850 provides that "the person or persons to whom such service or labour may be due, or his, her, or their agent or attorney ... may pursue and reclaim such fugitive person, either by procuring a warrant ... 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 ... in a summary manner; and upon satisfactory proof ... to make out and deliver to such claimant, his or her agent or attorney, a certificate ... with authority ... to use such reasonable force ... as may be necessary ... to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid."
[787]Section 3 of the law of 1793 provided that "the person to whom such labour or service may be due, his agent or attorney, is hereby empowered to seize and arrest such fugitive from labour, and to take him or her before any judge of the circuit or district courts of the United States, ... within the state, or before any magistrate of a county (etc.) ... wherein such seizure ... shall be made, and upon proof to the satisfaction of such judge or magistrate ... it shall be the duty of such judge or magistrate to give a certificate thereof ... which shall be a sufficient warrant for removing the said fugitive ... to the state or territory from which he or she fled."
Section 6 of the act of 1850 provides that "the person or persons to whom such service or labour may be due, or his, her, or their agent or attorney ... may pursue and reclaim such fugitive person, either by procuring a warrant ... 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 ... in a summary manner; and upon satisfactory proof ... to make out and deliver to such claimant, his or her agent or attorney, a certificate ... with authority ... to use such reasonable force ... as may be necessary ... to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid."
[788]Sims' case, tried before the Supreme Judicial Court of Massachusetts, March term, 1851. See 7Cushing's Reports, 310.Millervs.McQuerry, tried before the Circuit Court of the United States, in Ohio, 1853. See 5McLean's Reports, 481-484.Ex parteSimeon Bushnell, etc., tried before the Supreme Court of Ohio, May, 1859. See 9Ohio State Reports, 170.
[788]Sims' case, tried before the Supreme Judicial Court of Massachusetts, March term, 1851. See 7Cushing's Reports, 310.
Millervs.McQuerry, tried before the Circuit Court of the United States, in Ohio, 1853. See 5McLean's Reports, 481-484.
Ex parteSimeon Bushnell, etc., tried before the Supreme Court of Ohio, May, 1859. See 9Ohio State Reports, 170.
[789]Norrisvs.Newton et al., tried before the Circuit Court of the United States, in Indiana, May term, 1850. See 5McLean's Reports, 98.Ex parteSimeon Bushnell, etc. See 9Ohio State Reports, 174.United Statesvs.Buck, tried before the District Court of the United States for the Eastern District of Pennsylvania, 1860. See 8American Law Register, 543.
[789]Norrisvs.Newton et al., tried before the Circuit Court of the United States, in Indiana, May term, 1850. See 5McLean's Reports, 98.
Ex parteSimeon Bushnell, etc. See 9Ohio State Reports, 174.
United Statesvs.Buck, tried before the District Court of the United States for the Eastern District of Pennsylvania, 1860. See 8American Law Register, 543.
[790]Booth's case, tried before the Supreme Court of Wisconsin, June term, 1854. See 3Wisconsin Reports, 3.Ex parteSimeon Bushnell, andex parteCharles Langston, tried before the Supreme Court of Ohio, May, 1859. See 9Ohio State Reports, 111, 114-117, 124, 186.
[790]Booth's case, tried before the Supreme Court of Wisconsin, June term, 1854. See 3Wisconsin Reports, 3.
Ex parteSimeon Bushnell, andex parteCharles Langston, tried before the Supreme Court of Ohio, May, 1859. See 9Ohio State Reports, 111, 114-117, 124, 186.
[791]Sims' case. See 7Cushing's Reports, 290. Booth's case. See 3Wisconsin Reports.
[791]Sims' case. See 7Cushing's Reports, 290. Booth's case. See 3Wisconsin Reports.
[792]For the text of the Slave Laws, see Appendix A, pp. 359-366.
[792]For the text of the Slave Laws, see Appendix A, pp. 359-366.
[793]Marion G. McDougall,Fugitive Slaves, pp. 43 and 44, with the references there given; Wilson,Rise and Fall of the Slave Power, Vol. II, pp. 304, 305. See Appendix B, p. 372.
[793]Marion G. McDougall,Fugitive Slaves, pp. 43 and 44, with the references there given; Wilson,Rise and Fall of the Slave Power, Vol. II, pp. 304, 305. See Appendix B, p. 372.
[794]7 Cushing's Reports, 287. The constitutional requirement will be found in Article III, Section 1, of the Constitution of the United States.
[794]7 Cushing's Reports, 287. The constitutional requirement will be found in Article III, Section 1, of the Constitution of the United States.
[795]5McLean's Reports, 481.
[795]5McLean's Reports, 481.
[796]3Wisconsin Reports, 39.
[796]3Wisconsin Reports, 39.
[797]6McLean's Reports, 359.
[797]6McLean's Reports, 359.
[798]9Ohio State Reports, 176.
[798]9Ohio State Reports, 176.
[799]3Wisconsin Reports, 64.
[799]3Wisconsin Reports, 64.
[800]6McLean's Reports, 359, 360.
[800]6McLean's Reports, 359, 360.
[801]Hurd,Law of Freedom and Bondage, Vol. II, p. 747.
[801]Hurd,Law of Freedom and Bondage, Vol. II, p. 747.
[802]5McLean's Reports, 481.
[802]5McLean's Reports, 481.
[803]1Blatchford's Circuit Court Reports, 636.
[803]1Blatchford's Circuit Court Reports, 636.
[804]Washington's Circuit Court Reports, 327-331.
[804]Washington's Circuit Court Reports, 327-331.
[805]Baldwins Circuit Court Reports, 571-605.
[805]Baldwins Circuit Court Reports, 571-605.
[806]Washington's Circuit Court Reports, 327-331.
[806]Washington's Circuit Court Reports, 327-331.
[807]McLean's Reports, 612.
[807]McLean's Reports, 612.
[808]Howard's Reports, 215-232; see also Schuckers,Life and Public Services of S. P. Chase, 53-66; Warden,Private Life and Public Services of S. P. Chase, 296-298.
[808]Howard's Reports, 215-232; see also Schuckers,Life and Public Services of S. P. Chase, 53-66; Warden,Private Life and Public Services of S. P. Chase, 296-298.
[809]McLean's Reports, 402-426.
[809]McLean's Reports, 402-426.
[810]5McLean's Reports, 92-106.
[810]5McLean's Reports, 92-106.
[811]2Wallace Jr.'s Reports, 324-326.
[811]2Wallace Jr.'s Reports, 324-326.
[812]6McLean's Reports, 259-273. Mr. Sloane's account of the case will be found inThe Firelands Pioneerfor July, 1888, pp. 46-49. A copy of the certificate of the clerk of court there given is here reproduced:—"Louis F. Weimervs.Rush R. Sloane. United States District of Ohio, in debt.October Term, 1854.Judgment for Plaintiff for $3000 and costs.Received July 8th, 1856, of Rush R. Sloane, the above Defendant, a receipt of Louis F. Weimer, the above Plaintiff, bearing date Dec. 14th, 1854, for $3000, acknowledging full satisfaction of the above judgment, except the costs; also a receipt of L. F. Weimer, Sr., per Joseph Doniphan, attorney, for $85, the amount of Plaintiff's witness fees in said case; also certificates of Defendant's witnesses in above case for $162; also $20 in money, the attorney's docket fees attached, which, with the clerk and marshal's fees heretofore paid, is in full of the costs in said case.(Signed)William Miner,Clerk."
[812]6McLean's Reports, 259-273. Mr. Sloane's account of the case will be found inThe Firelands Pioneerfor July, 1888, pp. 46-49. A copy of the certificate of the clerk of court there given is here reproduced:—
"Louis F. Weimervs.Rush R. Sloane. United States District of Ohio, in debt.
October Term, 1854.
Judgment for Plaintiff for $3000 and costs.
Received July 8th, 1856, of Rush R. Sloane, the above Defendant, a receipt of Louis F. Weimer, the above Plaintiff, bearing date Dec. 14th, 1854, for $3000, acknowledging full satisfaction of the above judgment, except the costs; also a receipt of L. F. Weimer, Sr., per Joseph Doniphan, attorney, for $85, the amount of Plaintiff's witness fees in said case; also certificates of Defendant's witnesses in above case for $162; also $20 in money, the attorney's docket fees attached, which, with the clerk and marshal's fees heretofore paid, is in full of the costs in said case.
(Signed)William Miner,Clerk."
[813]For the first trial (1845), see 3McLean's Reports, 631;s. c. 5 Western Law Journal, 25; 7Federal Cases, 1100; for the second trial (1847), see 10Law Reporter, 395;s. c.5Western Law Journal, 206; 7Federal Cases, 1093; for the third trial (1849), see 5McLean's Reports, 64;s. c.7Western Law Journal, 222; 7Federal Cases, 1095. See alsoThe Firelands Pioneer, July, 1888, pp. 41, 42.
[813]For the first trial (1845), see 3McLean's Reports, 631;s. c. 5 Western Law Journal, 25; 7Federal Cases, 1100; for the second trial (1847), see 10Law Reporter, 395;s. c.5Western Law Journal, 206; 7Federal Cases, 1093; for the third trial (1849), see 5McLean's Reports, 64;s. c.7Western Law Journal, 222; 7Federal Cases, 1095. See alsoThe Firelands Pioneer, July, 1888, pp. 41, 42.
[814]5Illinois Reports, 498-518; 14Howard's Reports, 13, 14.
[814]5Illinois Reports, 498-518; 14Howard's Reports, 13, 14.
[815]4McLean's Reports, 504-515.
[815]4McLean's Reports, 504-515.
[816]2Wallace Jr.'s Reports, 313, 317-323.
[816]2Wallace Jr.'s Reports, 313, 317-323.
[817]21Howard's Reports, 510;The Fugitive Slave Law in Wisconsin, with Reference to Nullification Sentiment, by Vroman Mason, p. 134.
[817]21Howard's Reports, 510;The Fugitive Slave Law in Wisconsin, with Reference to Nullification Sentiment, by Vroman Mason, p. 134.
[818]Smedley,Underground Railroad, pp. 107, 108; 2Wallace Jr.'s Reports, 159.
[818]Smedley,Underground Railroad, pp. 107, 108; 2Wallace Jr.'s Reports, 159.
[819]Still'sUnderground Railroad Records, pp. 348-368; Smedley,Underground Railroad, pp. 107-130; 2Wallace Jr.'s Reports, pp. 134-206; M. G. McDougall,Fugitive Slaves, pp. 50, 51; Wilson,Rise and Fall of the Slave Power, Vol. II, pp. 328, 329.
[819]Still'sUnderground Railroad Records, pp. 348-368; Smedley,Underground Railroad, pp. 107-130; 2Wallace Jr.'s Reports, pp. 134-206; M. G. McDougall,Fugitive Slaves, pp. 50, 51; Wilson,Rise and Fall of the Slave Power, Vol. II, pp. 328, 329.
[820]Wilson,Rise and Fall of the Slave Power, Vol. I, p. 477.
[820]Wilson,Rise and Fall of the Slave Power, Vol. I, p. 477.
[821]Letter of Mr. Hayes, Fremont, O., Aug. 4, 1892.
[821]Letter of Mr. Hayes, Fremont, O., Aug. 4, 1892.
[822]Reminiscences of Levi Coffin, pp. 548, 549.
[822]Reminiscences of Levi Coffin, pp. 548, 549.
[823]Rhodes,History of the United States, Vol. II, p. 364. The others representing the rescuers were Franklin T. Backus and Seneca O. Griswold. See J. R. Shipherd'sHistory of the Oberlin-Wellington Rescue, p. 14.
[823]Rhodes,History of the United States, Vol. II, p. 364. The others representing the rescuers were Franklin T. Backus and Seneca O. Griswold. See J. R. Shipherd'sHistory of the Oberlin-Wellington Rescue, p. 14.
[824]Conversation with Judge William H. West, Bellefontaine, O., Aug. 11, 1894.
[824]Conversation with Judge William H. West, Bellefontaine, O., Aug. 11, 1894.
[825]M. G. McDougall,Fugitive Slaves, p. 35.
[825]M. G. McDougall,Fugitive Slaves, p. 35.
[826]Ibid., pp. 44, 46, 47.
[826]Ibid., pp. 44, 46, 47.
[827]G. H. Woodruff,History of Will County, Illinois, p. 264.
[827]G. H. Woodruff,History of Will County, Illinois, p. 264.
[828]TheOttawa Republican, Nov. 9, 1891. The hearing occurred Oct. 20, 1859.
[828]TheOttawa Republican, Nov. 9, 1891. The hearing occurred Oct. 20, 1859.
[829]ThePontiac(Ill.)Sentinel, 1891-1892.
[829]ThePontiac(Ill.)Sentinel, 1891-1892.
[830]TheTabor(Ia.)Beacon, 1890-1891, Chap. XXI of a series of articles by the Rev. John Todd, on "The Early Settlement and Growth of Western Iowa."
[830]TheTabor(Ia.)Beacon, 1890-1891, Chap. XXI of a series of articles by the Rev. John Todd, on "The Early Settlement and Growth of Western Iowa."
[831]Underground Railroad Records, p. 367.
[831]Underground Railroad Records, p. 367.
[832]Smedley,Underground Railroad, p. 359.
[832]Smedley,Underground Railroad, p. 359.
[833]This case is given by Mr. Noah Brooks, in hisWashington in Lincoln's Time, 1895, pp. 197, 198.
[833]This case is given by Mr. Noah Brooks, in hisWashington in Lincoln's Time, 1895, pp. 197, 198.
[834]Wilson,Rise and Fall of the Slave Power, Vol. III, p. 395.
[834]Wilson,Rise and Fall of the Slave Power, Vol. III, p. 395.
[835]Congressional Globe, Thirty-seventh Congress, First Session, 1356.
[835]Congressional Globe, Thirty-seventh Congress, First Session, 1356.
[836]Liberator, May 1, 1863. Extract from theFrankfort Commonwealth, quoted by M. G. McDougall,Fugitive Slaves, p. 80.
[836]Liberator, May 1, 1863. Extract from theFrankfort Commonwealth, quoted by M. G. McDougall,Fugitive Slaves, p. 80.
[837]Congressional Globe, Thirty-eighth Congress, First Session, 2913. See also M. G. McDougall,Fugitive Slaves, p. 85.
[837]Congressional Globe, Thirty-eighth Congress, First Session, 2913. See also M. G. McDougall,Fugitive Slaves, p. 85.
[838]Laws and Ordinances of New Netherlands, 32.
[838]Laws and Ordinances of New Netherlands, 32.
[839]Ibid.
[839]Ibid.
[840]Ibid., 104.
[840]Ibid., 104.
[841]Laws of New Netherlands, 344.
[841]Laws of New Netherlands, 344.
[842]Acts of Province of New York from 1691 to 1718, p. 58.
[842]Acts of Province of New York from 1691 to 1718, p. 58.
[843]Ibid., 193.
[843]Ibid., 193.
[844]Statutes at Large, Hening,Laws of Virginia, I, 253.
[844]Statutes at Large, Hening,Laws of Virginia, I, 253.
[845]Ibid., I, 401.
[845]Ibid., I, 401.
[846]Ibid., I, 439.
[846]Ibid., I, 439.
[847]Ibid., II, 239.
[847]Ibid., II, 239.
[848]Ibid., IV, 168.
[848]Ibid., IV, 168.
[849]Maryland Archives, Assembly Proceedings, 147.
[849]Maryland Archives, Assembly Proceedings, 147.
[850]New Jersey Laws, 82.
[850]New Jersey Laws, 82.
[851]Ibid., 109.
[851]Ibid., 109.
[852]Charters and General Laws of the Colony and Province of Massachusetts Bay, 386, 750 (1707 and 1718 respectively).
[852]Charters and General Laws of the Colony and Province of Massachusetts Bay, 386, 750 (1707 and 1718 respectively).
[853]Proceedings of General Assembly, Colony of Rhode Island and Providence Plantations, Providence, 177;Records of Colony of Rhode Island, 177.
[853]Proceedings of General Assembly, Colony of Rhode Island and Providence Plantations, Providence, 177;Records of Colony of Rhode Island, 177.