Fugitive Slaves (1619-1865)

by Marion Gleason McDougall

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]