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]