Fugitives that thus dwelt in the Northern states for a longer or shorter period did so at their own risk, and in general against the advice of their helpers. Their reliance for safety was altogether upon their own wariness and the public sentiment of the communities where they lived, and until slavery perished in the Civil War they were subjected to the fear of surprise and seizure. The Southern people apparently regarded their right to recover their escaped slaves as unquestionable as their right to reclaim their strayed cattle, and they were determined to have the former as freely and fully recognized in the North as the latter;[704] and it might be added that there were not a few people in the North quite willing to admit the slaveholder's right freely to reclaim his human property, and to aid him in doing so. What the sentiment was that prevailed in the North during the twenties and thirties of the present century is evidenced in certain laws enacted by the legislatures of some of the states in line with the Federal Slave Law of 1793. Thus, in an act passed by the assembly of Pennsylvania, March 25, 1826, provision was made for the issuance by courts of record of the commonwealth of certificates or warrants of removal for negroes or mulattoes, claimed to be fugitives from labor;[705] and in a law enacted by the legislature of Ohio, February 26, 1839, it was provided that any justice of the peace, judge of a court of record, or mayor should authorize the arrest of a person claimed as a fugitive slave on the affidavit of the claimant or his agent, and that the judge of a court of record before whom the fugitive was brought should grant a certificate of removal upon the presentation of satisfactory proof.[706]
Among those that paid homage to such laws as these, and thus made the North an unsafe refuge for slaves, were to be found representatives of all classes of society. Samuel J. May opens to view the convictions of some of the most cultured people of his day by the following incidents related concerning two well-known New England clergymen. "The excellent Dr. E. S. Gannett, of Boston, was heard to say, more than once, very emphatically, and to justify it, 'that he should feel it to be his duty to turn away from his door a fugitive slave,—unfed, unaided in any way, rather than set at naught the law of the land.'
"And Rev. Dr. Dewey, whom we accounted one of the ablest expounders and most eloquent defenders of our Unitarian faith,—Dr. Dewey was reported to have said at two different times, in public lectures or speeches during the fall of 1850 and the winter of 1851, that 'he would send his mother into slavery, rather than endanger the Union, by resisting this law enacted by the constituted government of the nation.' He has often denied that he spoke thus of his 'maternal relative,' and therefore I allow that he was misunderstood. But he has repeatedly acknowledged that he did say, 'I would consent that my own brother, my own son, should go, ten times rather would I go myself into slavery, than that this Union should be sacrificed.'"[707] After the occurrence of the famous Jerry rescue at Syracuse, October 1, 1851, many newspapers representing both political parties emphatically condemned the successful resistance made to the law by the abolitionists as "a disgraceful, demoralizing and alarming act."[708]
There were not wanting in almost every community members of the shiftless class of society that were always ready to obstruct the passage of fugitive slaves to the North, and whose most vigorous exercise was taken in the course of some slave-hunting adventure. The Rev. W. M. Mitchell, who had had this class to contend with in the performance of his underground work during a number of years in Ohio, characterized it in a description, penned in 1860, in which he sets forth one of the conditions that made the Northern states an unsafe refuge for self-liberated negroes. "The progress of the Slave," he wrote, "is very much impeded by a class of men in the Northern States who are too lazy to work at respectable occupations to obtain an honest living, but prefer to obtain it, if possible, whether honestly or dishonestly, by tracking runaway slaves. On seeing advertisements in the newspapers of escaped slaves, with rewards offered, they, armed to the teeth, saunter in and through Abolition Communities or towns, where they are likely to find the object of their pursuit. They sometimes watch the houses of known Abolitionists.... We are hereby warned, and for our own safety and that of the Slave, we act with excessive caution. The first discoverer of these bloody rebels communicates their presence to others of our company, that the entire band in that locality is put on their guard. If the slave has not reached us, we are on the lookout, with greater anxiety than the hunters, for the fugitive, to prevent his falling into the possession of those demons in human shape. On the other hand should the Slave be so fortunate as to be in our possession at the time, we are compelled to keep very quiet, until the hunter loses all hopes of finding him, therefore gives up the search as a bad job, or moves on to another Abolition Community, which gives us an opportunity of removing the Fugitive further from danger, or sending him towards the North Star...."[709]
It is not to be supposed, of course, that the business of slave-hunting was carried on mainly by the persons here described in such uncomplimentary terms. Persons of this type contented themselves generally, no doubt, with acting as spies and informers, and rarely engaged in the excitement of a slave-hunt except as the aids of Southern planters or their agents. If it is true that there was a sentiment averse to slavery prevailing through many years in the North, it is also true that the residents of the free states for the most part conceded the right of Southerners to pursue and recover their fugitives without hindrance from their Northern neighbors. The free states thus became what the abolitionists called the "hunting-ground" of the South, and as early as 1830 or 1835 the pursuit of slaves began to attract wide attention. During the years following many localities, especially in the middle states, were visited from time to time by parties on the trail of the fleeing bondman, or seeking out the secluded home of some self-freed slave; and after the enactment of the Fugitive Slave Law of 1850 Southerners became more energetic than before in pushing the search for their escaped chattels. It has been recorded that "more than two hundred arrests of persons claimed as fugitives were made from the time of the passage of the Bill to the middle of 1856. About a dozen of these were free persons, who succeeded in establishing the claim that they never had been slaves; other persons, equally free, were carried off. Half a dozen rescues were made, and the rest of these cases were delivered to their owners. These arrests took place more frequently in Pennsylvania than in any other Northern state. Many fugitives were caught and carried back, of whom we have no accounts, save that they were seen on the deck of some river steamboat, in the custody of their owners, without even passing through the formality of appearing before a commissioner. About two-thirds of the persons arrested as above had trials. When the arrests to the number of two hundred, at least, can be traced, and their dates fixed, during six years, we may suppose that the Bill was not, as some politicians averred, practically of little consequence."[710]
Concerning the efficiency of the new law there is a difference of opinion among the contemporary writers that commented upon it; but there could be no disagreement as to the distress into which it plunged some of the refugees long resident in the free states. In not a few instances these persons had married, acquired homes, and were rearing their families in peace and happiness. Under the Fugitive Slave Act some of these settlers were seized upon the affidavit of their former owners, and with the sanction of the federal authority were carried back into slavery. Among the many cases that might be cited the following will serve to illustrate the misfortunes ever ready to be precipitated upon fugitive settlers in the Northern states. In 1851 John Bolding, claimed as the property of a citizen of Columbia, South Carolina, was arrested in Poughkeepsie, New York, and taken back to the South. Bolding was a young man of good character, recently married, and the possessor of a small tailor shop in Poughkeepsie.[711] In August, 1853, George Washington McQuerry, of Cincinnati, was remanded to slavery in Kentucky. He had lived several years in Ohio, had married a free woman, and they had three children.[712] In September, 1853, a family of colored persons at Uniontown, Pennsylvania, were claimed as slaves by a Virginian. Their statement that they had been permitted by their master to visit friends in Fayette County did not prevent their immediate restoration to him.[713] In May, 1857, Addison White, a runaway from Kentucky, was found living near Mechanicsburg, Ohio, where he had been at work about six months earning means to send for his wife and children. Some of the abolitionists of the neighborhood prevented his reclamation.[714] In three of these cases at least the reënslavement of the refugees was prevented by an abolition sentiment locally strong enough to lead to the purchase of the slaves from their claimants; but it is noteworthy that public opinion in the neighborhoods where these runaways lived was unable to shield them from capture.
The refugees that preferred to settle in the Northern states rather than in Canada naturally made homes for themselves in anti-slavery communities among tried friends. Here they could rest with some assurance upon the benevolence of these localities and feel safe, although their liberty was still in danger. A slave-hunter in entering such neighborhoods was obliged to move with great caution; he was in the midst of strangers, with few allies, and his scheme was likely to fail if his presence became known. Sometimes, when he was in the very act of leading the captive back to the South in bonds, he would find his progress interrupted by a crowd, his authority questioned, his return to the office of a magistrate insisted upon, and ultimately, perhaps, his prisoner released by a procedure more or less formal. The slave-hunter that incautiously flourished weapons and made threats was likely to be arrested and subjected to such additional delays and inconveniences as would render his undertaking expensive as well as vexatious. There can be no doubt that this was the experience of many slave-owners that sought to recover their servants in the free states. Mr. Clay touched on this point, April 22, 1850, in presenting petitions to the United States Senate from four citizens of Kentucky. These persons, he said, "state that each of them has lost a slave.... That these slaves have taken refuge in the state of Ohio, and that it is in vain for them to attempt to recapture them; that they cannot go there and attempt to recover their property without imminent hazard to their lives."[715] This statement, reiterating the idea contained in the petitions themselves, namely, that the danger attending pursuit was great, is too strong in reference to a large number of the abolition communities in the Northern states, in many of which non-resistance principles were advocated. At the same time it must be remembered that the usual methods of slave-catchers were not conciliatory to the people among whom they went, and that their bravado sometimes secured for them rough treatment at the hands of a mob, especially if the number of colored people present was large enough to warrant their venting their outraged feelings.
The difficulty of recovering slave property in the North had been considerable for some years, and it was steadily growing greater. The uncertainty of reclamation in the large number of cases made the whole business unprofitable and undesirable for slave-owners. A writer in the North American Review for July, 1850, says, "Though thousands of slaves have escaped by crossing the Ohio River, or Mason and Dixon's line, during the last five years, no attempt has been made to reclaim them in more than one case out of a thousand."[716] If one takes this statement as meant to convey merely the idea that the number of pursuits was extremely small in proportion to the number of escapes there will be no difficulty in accepting it, for probably this was the fact down to 1850; and the explanation of it, so far as can be gathered from the lips of Southern men, is to be found in the strong probability of failure in undertaking these costly enterprises. Thus Mr. Mason, of Virginia, in his argument in favor of a new fugitive slave law, declared that, under the existing conditions, "you may as well go down into the sea and endeavor to recover from his native element a fish which has escaped from you, as expect to recover a ... fugitive. Every difficulty is thrown in your way by the population.... There are armed mobs, rescues. This is the real state of things."[717]
The law of 1850 was intended to remove the occasion for such complaints on the part of slaveholders, and secure them in the recovery and possession of their property. The effect of its provisions upon the South was to arouse slave-owners to greater activity in the pursuit of their chattels, while in the North the effect was to increase greatly the determination in the minds of many to resist the enforcement of the law. Despite the severe penalties it levelled against those that should be guilty of shielding the refugee, the expression of sympathy for fugitive settlers was open and hearty in many quarters; and public meetings were held by abolitionists to proclaim defiance to the law and protection to the fugitive. At Lowell, Massachusetts, an immense Free Soil meeting adopted resolutions inviting former residents of the city to return from Canada, where they had taken refuge;[718] at Syracuse, New York, a gathering of all parties declared its abhorrence of the Fugitive Slave Law, and formed an association or vigilance committee "so that the Southern oppressors may know that the people of Syracuse and its vicinity are prepared to sustain one another in resisting the encroachments of despotism";[719] at Boston an indignation meeting was held "for the denunciation of the law and the expression of sympathy and coöperation with the fugitive." Among the resolutions adopted at this meeting, one advised "the fugitive slaves and colored inhabitants of Boston and the neighborhood to remain with us, for we have not the smallest fear that any one of them will be taken from us and carried off to bondage; and we trust that such as have fled in fear will return to their business and homes"; another resolution proposed the appointment of a vigilance committee "to secure the fugitives and colored inhabitants of Boston and vicinity from any invasion of their rights by persons acting under the law."[720] In Ashtabula County, Ohio, a meeting at Hartsgrove resolved, "that we hold the Fugitive Slave Law in utter contempt ... and that we will not aid in catching the fugitive, but will feed him, and protect him with all the means in our power, and that we will pledge our sympathy and property for the relief of any person in our midst who may suffer any penalties for an honorable opposition ... to the requirements of this law."[721] In other portions also of the free states meetings were held in which the purpose was avowed to protect fugitive slaves.[722]