Repeal of the Acts.
§ 104. The repeal act and the thirteenth amendment.—The act was a simple one; it runs as follows:—
"Chap. CLXVI. An Act to repeal the Fugitive Slave Act of eighteen hundred and fifty, and all Acts and parts of Acts for the rendition of Fugitive Slaves.
"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections three and four of an act entitled 'An act respecting fugitives from justice, and persons escaping from the service of their masters,' passed February twelve, seventeen hundred and ninety-three, and an act entitled 'An act to amend, and supplementary to, the act entitled An act respecting fugitives from justice, and persons escaping from the service of their masters, passed February twelve, seventeen hundred and ninety-three,' passed September, eighteen hundred and fifty, be and the same are hereby repealed.
"Approved, June 28, 1864."
The whole structure of statutes, decisions, and judicial machinery which had been erected to compel by national authority the people of free States to share in the responsibility for slavery, was at last overthrown. But the constitutional obligation remained; so long as a slave anywhere existed, the neighboring States were bound to pursue him, if he ran away, and might by statute provide for his return. The final step was therefore to complete the work of legal emancipation by the thirteenth amendment to the Constitution. On January 31, 1865, Congress voted to submit the following article to the States for their approval and ratification: "Art. XIII. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction." On December 18, 1865, the Secretary of State proclaimed that the amendment had been approved by twenty-seven of the thirty-six States, and was consequently adopted.
§ 105. Educating effect of the controversy.—The first act of 1793 was imperfect. It did not provide a national machinery whereby its provisions could be executed, and many of the States by means of the personal liberty laws refused to lend their officers and jails for the work. All efforts to amend the law were unsuccessful until the great compromise of 1850 gave opportunity to pass a second act.
This new measure remedied certain defects in the first statute, and was therefore more satisfactory to the slave-owners. As soon as it began to be executed, however, its provisions were found to be so severe that the trials and rescues it occasioned served only to educate the people to the evils of slavery by bringing its effects close to them. Thus, far from compelling the North to acquiesce in the system, it greatly increased the number of Abolitionists. The arraying of the North and South against each other in the Civil War intensified public sentiment upon the question, and led more and more to a loose execution of the law. It was found impracticable to return slaves to disloyal masters, and a law to prevent any such return was the next step toward the doing away of the whole system. Next came the question of the duty and power of the general government, within its exclusive jurisdiction: in 1862 all responsibility was disavowed. By this time the force of the law extended only to the loyal slave States, and the force of public opinion in 1864 withdrew the last statutory safeguard of slavery under the Constitution. A change in the text of the Constitution finally took away the force of the clause on which the return of fugitives was based.
We can see, at this distance, how clearly slavery was doomed to destruction, from the time the two sections first made it an issue in 1820; but there was no relation arising out of slavery except the territorial question which did so much as the fugitive slave controversy to hasten the downfall of the system. The contrast between the free principles of democratic government and human bondage was forced upon the attention of the North by the pursuit of fugitives in their midst. Yet without national machinery for the recapture of runaways the institution could not have long been maintained. There is no evidence that the North was profoundly stirred by the horrors of slavery before 1850; it was only when the North was called upon, in the Territories, and through the Fugitive Slave Law, to give positive aid to the system that the antislavery movement grew strong. Fugitive slaves and fugitive slave laws helped to destroy slavery.
APPENDIX A. COLONIAL LAWS RELATIVE TO FUGITIVES.
The precise text is quoted in each case. The figures in brackets refer to paragraphs in the text. The sign 0 indicates that the full text is to be found in the reference cited.
1. New Netherlands:—Running away from Patroons. [§ [2]].
1629, June 7. Freedoms and exemptions. Granted by the West India Company to all Patroons, Masters or Private Persons who will plant Colonies in New Netherlands.—"XVIII. The Company promise the colonists of the Patroons.... XIX.—And any Colonist who shall leave the service of his Patroon and enter into the service of another, or shall, contrary to his contract, leave his service, we promise to do everything in our power to apprehend and deliver the same into the hands of his Patroon or attorney, that he may be proceeded against according to the customs of this country, as occasion may require."—0 Laws and Ordinances of New Netherlands, 7.
2. Massachusetts:—Capture and protection of servants. [§ [4.]]
1630-1641. "Acts respecting Masters, Servants, and Labourers."—"Sec. 3. It is also ordered, that when any servants shall run from their masters, or any other inhabitants shall privily go away with suspicion of evil intentions, it shall be lawful for the next magistrate, or the constable and two of the chief inhabitants where no magistrate is, to press men and boats or pinnaces at the publick charge, to pursue such persons by sea and land, and bring them back by force of arms.... Sec. 6. It is ordered, and by this court declared; that if any servant shall flee from the tyranny and cruelty of his or her master to the house of any freeman of the same town, they shall be there protected and sustained till due order be taken for their relief; provided due notice thereof be speedily given to their master from whom they fled, and to the next magistrate or constable where the party so fled is harboured."—0 Charters and General Laws of the Colony and Province of Massachusetts Bay, 155.
3. New Netherlands:—Runaway servants. [§ [6.]]
1640, Aug. 7. "Ordinance of the Director and Council of New Netherland, against Fugitives from Service, and providing for the proper drawing up of Legal Instruments." Passed 9 August, 1640. "Whereas many Servants daily run away from their masters, whereby the latter are put to great inconvenience and expense; the Corn and Tobacco rot in the field and the whole Harvest is at a stand still, which tends to the serious injury of this country, to their Masters' ruin, and to bring the magistracy into contempt. We, therefore, command all farm and house Servants faithfully to serve out their time with their Masters according to their contracts and in no manner to run away, and if they have any thing against their masters, to come to Us and make application to be heard in due form of Law, on pain of being punished and of making good all losses and damages of their Masters and serving double the time they may lose.... We do, also, forbid all inhabitants of New Netherland to harbor or feed any of these Fugitive Servants under the penalty of Fifty guilders, for the benefit of the Informer; 1/3 for the new Church and 1/3 for the Fiscal." Dated as above.—0 Laws and Ordinances of New Netherlands, 32.
4. Maryland:—Runaway apprentices felons.
1642, March 26. Act against Fugitives.—"It shall be felony in any apprentice Servant to depart away secretly from his or her Master or dame then being with intent to convey him or her Selfe away out of the Province. And on any other person that shall wittingly accompany such Servant in such unlawfull departure as aforesaid. And the offendors therein shall suffer paines of death, and after his due debts paid shall forfeit all his Lands, goods, & Chattels within the Province. Provided, that in Case his Lordship or his Leivt't-Generall shall at the request of the partie so condemned exchange such pains of death into Servitude, that then such exchange shall not exceed the term of Seaven years, and that the Master or dame of the parties so pardoned of death shall first be satisfied for the terme of such parties Service unexpired from the day of such unlawfull departure, and for double the time of his absence dureing his said departure."—0 Archives of Maryland, Assembly Proceedings, 124.
5. New Netherlands:—Against harboring fugitive servants. [§ [6]].
1642, April 13. "We have interdicted and forbidden, as we do hereby most, expressly interdict and forbid, all our good inhabitants here, from this time henceforward, lodging any strangers in their houses, or furnishing them more than one meal and harboring them more than one night without first notifying the Director," etc.—0 Laws and Ordinances of New Netherlands, 32.
6. Virginia:—Entertainment of fugitives. [§ [3]].
1642-3, March. Act XXI. "Whereas complaints are at every quarter court exhibited against divers persons who entertain and enter into covenants with runaway servants and freemen who have formerly hired themselves to others, to the great prejudice if not the utter undoeing of divers poor men, thereby also encouraging servants to runn from their masters and obscure themselves in some remote plantation. Upon consideration had for the future preventing of the like injurious and unjust dealings, Be it enacted and confirmed that what person or persons soever shall entertain any person as hireling, or sharer, or upon any other conditions for one whole yeare, without certificate from the commander or any one commissioner of the place, that he or she is free from any ingagement of service. The person so hireing without such certificate as aforesaid, shall for every night that he or she entertaineth any servant, either as hireling or otherwise, fforfeit to the master or mistris of the said servant twenty pounds of tobacco. And for evrie freeman which he or she entertaineth (formerly hired by another) for a year as aforesaid, he or she shall forfeit to the party who had first hired him twenty pound of tobacco for every night deteyned. And for every freeman which he or she entertaineth (though he hath not formerly hired himselfe to another), without certificate as aforesaid, And in all these cases the party hired shall receive such censure and punishment as shall be thought fitt by the Governor and Counsell: Allways provided that if any such runnaway servants or hired freemen shall produce such a certificate, wherein it appears that they are freed from their former masters service, or from any such ingagement respectively, if afterwards it shall be proved that the said certificates are counterfeit then the retayner not to suffer according to the penalty of this act, But such punishment shall be inflicted upon the forger and procurer thereof as the Governor and Council shall think fitt."—0 Statutes at Large. Hening, Laws of Virginia, I. 253.
7. Virginia:—Runaway servants. [§ [3.]]
1642-3, March. Act XXII. "Be it therefore enacted and confirmed that all runaways that shall absent themselves from their said master's service shall be lyable to make satisfaction by service at the end of their tymes by indenture (vizt.) double the tyme of service soe neglected, and in some cases more if the commissioners for the place appointed shall find it requisite and convenient. And if such runaways shall be found to transgresse the second time or oftener (if it shall be duely proved against them), that then they shall be branded in the cheek with the letter R. and passe under the statute of incorrigible rogues."—0 Statutes at Large. Hening, Laws of Virginia, I. 254.
8. New England Confederation:—Articles of Confederation. [§ [8.]]
1643, Aug. 29. VIII. "It is also agreed that if any servant runn away from his master into any other of these confederated Jurisdiccons, That in such Case, vpon the Certyficate of one Magistrate in the Jurisdiccon out of which the said servant fled, or upon other due proofe, the said servant shalbe deliuered either to his Master or any other that pursues and brings such Certificate or proufe."—0 Plymouth Colony Records, IX. 5.
9. Connecticut:—Servants and apprentices.
1644, June 3. "Whereas many stubborn, refrectary and discontented searuants and apprentices with drawe themselves from their masters searuices, to improue their tyme to their owne aduantage; for the preuenting whereof, It is Ordered, that whatsoeuer searuant or apprentice shall heareafter offend in that kynd, before their couenants or terme of searuice are expiered, shall searue their said Masters, as they shall be apprehended or retayned the treble terme, or threefold tyme of their absense in such kynd."—0 Connecticut Records, I. 105.
10. New Netherlands:—Entertainment of runaways.
1648, Oct. 6. Ordinance of the Director and Council of New Netherland against Fugitives from Service. Passed 6 October, 1648.—"The Director General and Council hereby notify and warn all persons against harboring or entertaining any one bound to service either to the Company or to any private individual here or elsewhere, and against lodging or boarding them at most longer than twenty-four hours, and if any one shall be found to have acted contrary hereto, he shall forfeit a fine of fl. 150, to be paid to whomsoever will make the complaint and it may appertain." —0 Laws and Ordinances of New Netherlands, 104.
11. Maryland:—Against fugitives.
1649. Archives of Maryland, Assembly Proceedings, 249.
12. Maryland:—Against fugitives.
1654, Oct. Archives of Maryland, Assembly Proceedings, 348.
13. Virginia:—Penalty for second offence.
1655-6, March. "Act XI. Be it enacted by this Grand Assembly that if any runnaway servant offend the second time against the act in March, 1642, concerning runnaway servants, that he shall not onely be branded with the letter R., and passe under the statute for an incorrigible rogue, but also double his time of service so neglected, and soe likewise double the time that any time afterward he shall neglect, and in some cases more if the Commissioners think fitt: And be it further enacted by the authority aforesaid, that he or she that shall lodge or harbour any such runnaway shall not only pay 20 lb. of tobacco per night, but also 40 lb. of tobacco per day so long as they shall be proved to entertaine them, contrary to an act of assembly in March, 1642."—0 Statutes at Large. Hening, Laws of Virginia, I. 401.
14. New Netherlands:—Treaty with United Colonies. [§ [11.]]
1656. Resolution of the States General ratifying the treaty of Hartford, passed February 22, 1656.—"Respecting Fugitives. It is agreed that the same method shall be observed between the United English Colonies and the Dutch nation in this country of New Netherland, agreeably to the eighth Article of the confederation between the United English Colonies in that case provided."—0 Laws and Ordinances of New Netherlands, 216.
15. City of Amsterdam:—Runaway colonists banished.
1656, December. Articles and Ordinances revised and enacted by the Right Honorable the Lords Burgomasters of the City of Amsterdam, according to which shall be engaged and sworn all those who shall hereafter enter the service of the Lord's Burgomasters of the City of Amsterdam, for the purpose of going with their own, or chartered ships to New Netherlands and the limits of the West India Company's Grant, etc. Passed December, 1656.—"Whoever runs off to the French, English, or any other Christian or Indian neighbors by whatsoever name they may be called, shall, in addition to the forfeiture of all his monthly pay to the City, be banished forever from New Netherland as a perjured villain, and if he afterward come to fall into the hands of the City, he shall, without any consideration, be punished by death or otherwise, according to the exigency of the case."—0 Laws and Ordinances of New Netherlands, 273.
16. Virginia:—Entertainment of runaways.
1657-8, March. Act XV. Concerning Hireing Servants. Thirty pounds of tobacco shall be paid for every night a servant or person without a certificate is entertained.—Statutes at Large. Hening, Laws of Virginia, I. 439.
17. Virginia:—Punishment of runaways.
1657-8, March. Act XVI. Against Runnaway Servants. Runnaways shall double the time of service absent at the end of their time of indenture. For the second offence they shall be branded with the letter R. and double the time lost.—Hening, Laws of Virginia, I. 440.
18. Virginia:—Huie and crie after runaways.
1657-8, March. "Act CXIII. Concerning Huie and cries. Whereas huy and cries after runnaway servants hath been much neglected to the greate damage and loss of the inhabitants of this colloney, Bee it therefore enacted and confirmed by the anthorite of this present Grand Assembly, that all such huy and cries shall be signed either by the Governor or some of the Councill, or under the hand of some com'r, nameing the county where the said com'r lives, and the same shall be conveyed from house to house with all convenient speed according as the direction thereof expresseth: And every com'r of each county unto whose house by this meanes the said huy and crie shall come shall then date and subscribe the same, And the master of every house that shall make default in the speedy conveyance of any such huies and cries shall for every such default forfeit and pay unto the owners of any such runnawaie as the said hues and cries shall mention, one hundred pounds of tobacco, and where the said runnawaie servant is found he shall be apprehended and sent from constable to constable untill such runnawaie or runnawayes shall be delivered to his or theire master or mistresse, and if any neglect can be proved against the constable hee to be fined three hundred and fiftie pounds of tobacco."—0 Statutes at Large. Hening, Laws of Virginia, I. 483.
19. New Netherlands:—Runaway servants.
1658, April 9. Ordinance of the Director General and Council of New Netherland renewing sundery Ordinances therein mentioned. Passed 9 April, 1658.—"13thly, not to debauch or incite any person's servants, male or female, or to harbor them, or fugitives and strangers, longer than 24 hours without notifying the Fiscal, Magistrates, or Schouts, and all servant men and women remaine bound to fulfill and complete their contracts, on pain of arbitrary correction, according to the Ordinance of the 6 October, 1648."—0 Laws of New Netherlands, 344.
20. Virginia:—How to know a runnaway servant. [§ [3.]]
1658-9, March. Act III. "It is enacted and ordained that the master of everie such runaway shall cutt, or cause to be cutt, the hair of all such runnawayes close above their ears, whereby they may be with more ease discovered and apprehended."—0 Statutes at Large. Hening, Laws of Virginia, I. 517.
21. Virginia:—Payment of Dutch shipmasters.
1659-60, March. Act XV. An Act for the Pay of Dutch Masters bringing in Runnaway Servants. Whenever a master shall refuse to pay the cost of returning a runnaway from the Dutch, the payment shall be made by the secretary at his office.—Statutes at Large. Hening, Laws of Virginia, I. 539.
22. Virginia:—Apprehension of runaways.
1660-61, March. Act X. Apprehending of Runnawayes.—"Whereas the pursuit and takeing of runnaways is hindered chiefly by the neglect of constables in making search according to their warrants, Bee itt enacted that every constable shall make diligent search and inquiry through his precincts, and what constable soever shall upon search apprehend such runaways shall receive from the master of the servant for his encouragement two hundred pounds of tobaccoe, and if any constable shall neglect he shall be fined three hundred and fifty pounds of tobaccoe and caske according to former act."—0 Statutes at Large. Hening, Laws of Virginia, II. 21.
23. Virginia:—English runnaway with negroes. [§ [3.]]
1660-1, March. Act XIII. "Bee itt enacted that in case any English servant shall runaway in company with any negroes who are incapable of making satisfaction by addition of time, Bee itt enacted that the English so running away in company with them shall serve for the time of the said negroes absence as they are to do for their owne by a former act" —0 Hening, Laws of Virginia, II. 26.
24. Virginia:—Glocester to have jurisdiction over runaways.
1660-1, March. It was ordered that the county of Glocester have the power to make such laws for the recovering of runaways as shall be found necessary and convenient.—Statutes at Large. Hening, Laws of Virginia, II. 35.
25. Virginia:—Runaway servants.
1661-2, March. Act CII. Runaways.—Penalties for running away are the same as in former acts. English servants if running away with negroes, and the negroes die or be lost, shall pay either four thousand five hundred pounds of tobacco and caske, or four years service for every negro so lost or dead.—Hening, Laws of Virginia, II. 117.
26. Maryland:—Against runaways.
1662. Maryland Archives, Assembly Proceedings, 451.
27. Virginia:—Pursuit of runaways to the Dutch.
1663, September. Act VIII. "An Act concerning the pursuit of runawayes." It is enacted that runaways are to be pursued at the public expense, and, if they have escaped to the Dutch, letters are to be written to the Governors of those Plantations to return the runaways. Expenses are to be paid according to the provisions of a former act.—Statutes at Large. Hening, Laws of Virginia, II. 187.
28. Maryland:—Against English servants.
1663, October. Maryland Archives, Assembly Proceedings, 489.
29. New Netherlands:—Quakers, etc. refused admission to colony.
1663, May 17. Ordinance of the Director General and Council of New Netherland prohibiting the bringing of Quakers and other Strollers into New Netherland. Passed 17 May 1663.—"The Director General and Council, therefore, do hereby Order and command all Skippers, Sloop captains and others, whomsoever they may be, not to convey or bring, much less to land within this government, any such Vagabonds, Quakers and other Fugitives, whether Men or Women, until they have first addressed themselves to the government, etc.... on the pain of the Importers forfeiting a fine of Twenty pounds Flemish for every person," etc.—0 Laws and Ordinances of New Netherlands, 439.
30. Virginia:—Entertainment of runaways.
1666, October. Act IX. "An act against entertayners of runaways." Penalty for entertaining runaways increased to sixty pounds of tobacco for every day and night he or they shall be harbored.—Statutes at Large. Hening, Laws of Virginia, II. 239.
31. Maryland:—Runaways and their entertainers.
1666, May. "An Act providing against Runaways, and all such as shall Entertayn them. Whereas there was an act providing against Runnawaies made in the year 1650, and another act made in the year 1662, both which acts being adjudged insufficient Satisfaccion for the reparacion of their respective Masters, mrssrse, Dame, or overseers damages sustained by their servt running from them, Be it enacted by the right hon'ble, the Lord Proprietary, by and with the consent of the upper and Lower House of this present general assembly, that from and after the publicacion hereof any Servant or Servants whatsoever unlawfully absenting themselves from their said Master, Mistress, Dame, or overseer, shall serve for every day 10. And be it further enacted by the Authority aforesaid that any Master, Mistress, dame, or Overseer that shall entertain any servant unlawfully absenting himselve as aforesaid, having been forewarned by the Master, mistress, Dame, or Overseer of the said servant, shall be fined for the first night five hundred pounds of Casked tobacco, for the second one thousand pounds of casked tobacco, for every other night fifteen hundred pounds of casked tobacco, the one half to the Lord Proprietor, the other to the informer, or them that shall sue for the same within any Court of Record within this province, to be Recovered by action of debt, plaint or Informacion wherein no Essoyne, protection or wager of Lawe to be allowed, Provided that this Act nor anything therein conteynd shall not be adjudged to the predudice of any person or persons that shall apprehend any Runaway servants who are hereby required to use the best endeavors to Convey them to their owners or next justice of the peace to be conveyed from constable to constable until they be delivered to their said owners, if then living within this province. This act to continue for 3 years, or to the end of the next general assembly which shall first come."—0 Maryland Archives, Assembly Proceedings, 147.
32. New Jersey—Fugitive servants.
1668, May 30. Acts passed and assented unto by the Governor, Council, and Burgess of the General Assembly of the Province of New-Caesarea, or New Jersey, the 30th Day of May, Anno Domini 1668. "Concerning Fugitives, It is Enacted by the same Authority, that every Apprentice and Servant that shall depart and absent themselves from their Master and Dames, without leave first obtained, shall be judged by the Court to double the Time of such their Absence, by future Service over and above other Damages and costs which Master and Dame shall sustain by such unlawful Departure.
"And it is also enacted, that whosoever shall be proved to have transported, or to have contrived the Transportation of any such Apprentice or Servant shall be fined Five Pounds, and all such Damages as the Court shall Judge, and that the Master or Dame can make appear, and if not able, to be left to the Judgement of the Court."—0 New Jersey Laws, 82.
33. Virginia:—Runaways.
1668, September. Act IV. About Runawayes. Moderate corporal punishment inflicted by the master or magistrate shall not deprive the master of the satisfaction allowed by the law.—Statutes at Large, Hening, Laws of Virginia, II. 266.