Fugitive Slaves (1619-1865)

by Marion Gleason McDougall

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.