| Federal Laws Regarding Slavery |
| The Declaration of Independence "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." The Northwest Territorial Government (July 13, 1787) Article VI. "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid." In December of 1805 a petition of the Legislative Council and House of Representatives of the Indiana Territory asked for the suspension of Article VI. While the U.S. House of Representatives approved this idea it died in the Senate. The Constitution Article I, Section 2,3 Representatives and direct-- Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. Article I, Section 9 The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.: Article IV, Section 2, 3 No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due. Constitution as a Pro-Slavery Document Slavery existed in all of the 13 states when the Revolution War was fought. Pennsylvania ended slavery on March 1, 1780 with a graduated plan (there were still slaves in Pennsylvania in 1830 although none were under 50 years old.). Massachusetts ended slavery when a judicial decision in 1783 interpreted the Massachusetts Constitution of 1780 as having abolished slavery with the phrase, all men are born free and equal.. Other Northern states followed with most a graduated aboltion program. It was possible to have slaves in the north in some states well into the 19th century. This, through unanimous consent of the convention, enabled the addition of the second section of the 4th article of the Constitution: "No person held to service or labor in one state under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due." This enabled the master to pursue and arrest his fugitive slave in another state, using as much force as necessary, and he may bind and secure him so as to prevent a second escape.14 Chief Justice Taney in his Dred Scott decision gave a limited view of the power of Congress to regulate slavery: "Now, as we have already said in an earlier part of this opinion, upon a different point, the right of property in a slave is distinctly and expressly affirmed in the Constitution. The right to traffic in it, like an ordinary article of merchandise and property, was guarantied to the citizens of the United States, in every State that might desire it, for twenty years. And the Government in express terms is pledged to protect it in all future time, if the slave escapes from his owner. This is done in plain words too plain to be misunderstood. And no word can be found in the Constitution which gives Congress a greater power over slave property, or which entitles property of that kind to less protection that property of any other description. The only power conferred is the power coupled with the duty of guarding and protecting the owner in his rights." The Constitution did not implicity confer the right to own slaves. It secured the right to reclaim fugitive slaves against state legislation.15 Later court cases would insist that if this article was not in the Constitution, all slavery laws would be purely local, municipal laws. Then, if a slave had excaped to a free state, he would have been in fact free also. The Constitution in turn through the representative clause recognized that slaves were not only property but persons. Madison in Publius The Federalist LIV stated it as: "But we must deny the fact that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities; being considered by our laws, in some respects, as persons, and in other respects, as property. In being compelled to labor not for himself, but for a master; in being vendible by one master to another master; and in being subject at all times to be restrained in his liberty, and chastised in his body, by the capricious will of another, the slave may appear to be degraded from the human rank, and classed with those irrational animals, which fall under the legal denomination of property. In being protected on the other hand in his life and in his limbs, against the violence of all others; the slave is no less evidently regarded by the law as a member of the society; not as a part of the irrational creation; as a moral person, not as a mere article of property. The Federal Constitution therefore, decides with great propriety on the case of our slaves, when it views them in the mixt character of persons and of property. This is in fact their true character. It is the character bestowed on them by the laws under which they live...." James Madison in his "Speech in the Viriginia Ratifying Convention on the Slave Trade Clause" pointed out that under the Articles of Confederation "if any slave elopes to any of those states where slaves are free, he becomes emancipated by their laws. For the laws of the states are uncharitable to one another in this respect. But in this constitution, 'no person held to service, or labor, in one state, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due.' This clause was expressly inserted to enable owners of slaves to reclaim them. This is a better security than any that now exists. No power is given to the general govenment to interpose with respect to the property in slaves now held by the states." Even in 1831 in a letter to Mathew Carey against the South Carolinians who were calling for the dissolution of the National government Madison wrote: "The entanglements and conflicts of commercial regulations, especially as affecting the inland and other non-importing States, and a protection of fugitive slaves, substituted for the present obligatory surrender of them, would of themselves quickly kindle the passions which are the forerunners of war." In 1819 in a letter to Robert J. Evans on emancipating slavery Madison said: "That of the Master will require a provision in the plan for compensating a loss of what he held as property guarantied by the laws, and recognized by the Constitution." The Constitution speaks of slaves as persons. Madison "thought it wrong to admit in the Constitution, the idea that there could be proerty in men." When slaves are referred to in the Constitution as the basis of representation, as migrating, or being imported, or as fugitives from labor, they are spoken of as persons. The Constitution nowhere speaks of slaves as property. The Fugitive Slave Act of 1793 The Congress passed on February 12, 1793 16 a fugitive slave act to carry out this provision of the Constitution. The act provided a means by which owners could secure their slave property by appearing in the federal or state courts and demanding the return of a runaway. The bill also prescribed punishment for anyone who hindered this act. Prigg v. Pennsylvania was an attempt by Pennsylvania to challenge this act. The partial success of this case disable the 1793 Fugitive Slave Act and paved the way for the 1850 Fugitive Slave Act.17 The 1793 Act made the return of a slave an executive matter and not a judical one. The plaintiff must prove ownership of the slave, and that he escaped from his service. The magistrates simply granted or refused the certificate that the owner had the right to the labour of the person. The rules of evidence where the same rules that governed any other property. In practical terms this meant that the escaped slave had no right to a jury trial. The U.S. Marshals (and state authorities until Prigg) merely acted as collectors for the slave states. Other states set up barriers by passing laws that prohibited their state courts from hearing any runaway cases. They decided that all these cases must be heard by Federal Courts. Some states had outright resistance to any enforcement of the law. Before the actual arrest, obstruction, hindrance, or interruption was no offence. Defendants who assisted runaway slaves not only had no resort to a defense through ignorance of the law but their honest belief that the person was not a fugitive from service or labour was not an acceptable defense (Hill v. Low, 4 Washing. C.C.R. 327). In fact, notice that the persons concealed were runaway slaves didn't need to be in writing nor did it need to be verbal; the act of 1793 itself was notice that the persons were fugitives (Jones v. Vanzant, 2 MCLean's C. C. R. 596). Slave Trade In 1794 Congress passed the first law against the slave trade (1 U.S. Stat. 349-352). This act concerned building boats for use in slave trade. Enforcement of this law appears as elusive as the fugitive slave trade laws and further refinements of the act were found necessary. In 1807 Congress passed a law (2 U. S. Stat. 426) against importing slaves into the United States. Under Section 9 article 1 Congress was prohibited from stopping foreign slave trade until the year 1808 as an exercise of its commerce power. In Thomas Jefferson's Annual Message to Congress in December 6, 1806, he called for the total abolition of foreign slave trade. A bill was introduced into law the next day and was passed and signed by March 2, 1807 to take effect on January 1, 1808. By 1818 Congress had placed further barriers by prohibiting foreign slave trade (3 U.S. Stat. 450). Again in 1820 further regulation of this trade was made. Congress was entitled to to this because it had the constitutional power to regulate foreign commerce.18 (See endnote number 36.) Fugitive Slave Law of 1850 (No Jury Needed) "this filthy enactment"...."This is a law which every one of you will break on the earliest occasion; a law which no man can obey or abet without loss of his self-respect and forfeiture of the name of gentleman." Ralph Waldo Emerson The Fugitive Slave Act of 1850 was an attempt to overcome the barriers being set up by free states against the Fugitive Act of 1793. This law placed greater power on federal officers to enforce slave laws of the slave states. Marshals, deputy marshals were required to execute the warrants from all Federal Judges in regard to this act and they became liable for the return of the runaway after being placed in their custody. Commissioners could also appoint individuals to execute warrants or form posses.19 The act also provided stiff fines and punishments to anyone aiding or abetting the escape of slaves. The U.S. Marshall also had the responsibility to return the runaways to the state from which they escaped. They could be returned either to an agent or the owner. President Millard Fillmore initially requested the opinion of the Attorney General J.J. Crittenden on the constitutionality of the bill, specifically the sixth section which he worried might be a suspension of the writ of habeas corpus. He reduced the law to a one paragraph explanation: "Congress has constituted a tribunal with exclusive jurisdiction to determine summarily, and without appeal, who are fugitives from service or labor under the 2d section of the 4th article of the constitution, and to whom such service or labor is due. The judgment of every tribunal of exclusive jurisdiction where no appeal lies, is, of necessity, conclusive upon every other tribunal. And, therefore, the judgment of the tribunal created by this act is conclusive upon all tribunals. Wherever this judgment is made to appear it is conclusive of the right of the owner to retain in his custody the fugitive from his service, and to remove him back to the place or State from which he escaped."20 Prince George's County news reports thought that a new day had dawned with the Fugitive Slave Act. The Upper Marlboro's The Planters' Advocate of January 28, 1852 wrote an editorial about the new law: "Fugitive Slaves - Those of our friends who have lost slaves from time to time, and failed to recover them by the offer of large rewards, might review their offers. We think at this time with great hope of advantage. The necessity of complying with the fugitive slave law of 1850 has become so manifest, that even in Pennsylvania and Ohio the authorities appear less hostile to the slave owner; and the connection with these crimes, besides bringing a still greater number within the observations of the police, it is thought this unproved state of public opinion and the facts we have noticed might be used advantageously by those seeking their property in vain. Liberal rewards, offered for slaves who have been gone for years even, might prove effectual in reclaiming the fugitives for their owners. Our friends who have lost such property would do well to give this matter their attention." The first victim of the 1850 Fugitive Slave Law was James Hamlet, a mulatto man about 30 years of age, living in New York City. Mary Brown of Baltimore claimed him as her slave. He was surrendered by United States Commissioner Gardiner to her agent Thomas J. Clare on September 28, 1850. He was taken to Baltimore but was released back to New York when $800 was paid to Miss Brown. Gardiner received $10 for turning him over instead of the $5 for releasing him. Henry Garnett from Philadelphia was arrested as the slave of Thomas P. Jones, of Cecil County Maryland and taken before Judge Grier of the US Supreme Court. The Judge said the claimant had not taken the course proscribed by the law and ordered the prisoner discharged. Stephen Bennett in Columbia PA was arrested as a slave of Edward B. Gallup of Baltimore. He was taken before Commissioner Ingraham and before Judge Kane. His friends purchased his freedom. Mrs. Tamor or Euphemia Williams, February 1851. Mother of six children, alleged slave of William T. J. Purnell of Worcester County Maryland was absent for 22 years with all children born in Pennsylvania. Taken before Judge Kane of the US Circuit Court under a writ of habeas corpus after a hearing she was discharged as not being the woman alleged. Helen and son and unborn child in Philadelphia brought before Judge Kane as the proberty of John Perdu of Baltimore and sent back to slavery. Henry was arrested as the slave of Dr. Duvall of Prince George's County, Md in Columbia PA and taken before U.S. Commissioner M'Allister and consigned to slavery. Rachel Parker was living at the house of Joseph Miller in West Notingham, Pa when on December 30, 1850 she was kidnapped by 3 men: Thomas McCrery, John Merritt, and George Alexander. Rachel had been born of free parents. Rachel was defended by Lloyd Norris and after a wait of 14 months she was freed. One of the only cases where someone was freed in a slave state. The same jury also gave a free verdict for her sister Elizabeth who had been sent to New Orleans. Rachel died in February 1918. James Tasker, New York City was arrested and brought before U. S. Commissioner George W. Morton and was sent to Maryland as the slave of Jonathan Pinckney. Horace Preston was arrested in Williamsburg, New York was arrested and brought before U. S. Commissioner Morton and sent to Baltimore as a slave of William Reese. He was later purchased for $1,200 and released. William Smith of Columbia Pa was arrested by Deputy Marshal Snyder of Harrisburg and Police Officier Ridgeley of Baltimore under a warrant from U S Commissioner M'Allister. Smit tried to escape and Ridgeley shot him dead. Thomas Brown of Philadelphia was arrested by George F. Alberti and taken to Andrew Pearce of Cecil County, Md. Henry Massey was arrested in Philadelphia and brought before E. D. Ingrahm and sent to Franklin Bright of Queen Anne's County Md. |
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| James Madison Father of the Constitution by Gilbert Stuart National Gallery of Art |
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| Signing the Constitution Christy U. S. Capitol |
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| Northwest Territory |
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| The Fugitive Slave's Apostrophe to the North Star by John Pierpont Star of the North! though night winds drift The fleccy drapery of the sky Between thy lamp and me, I lift, Yea, lift with hope, my sleepless eye To the blue heights wherein thou dwellest, And of a land of freedom tellest. Star of the North! while blazing day Pours round me ints full tide of light, And hides thy pale but faithful ray, I, too, lie hid, and long for night; For night;---I dare not walk at noon, Nor dare I trust the faithless moon,--- Nor faithless man, whose burning lust For gold hath riveted my chain; Nor other leader can I trust, But thee, of even the starry train; For, all the host around thee burning, Like faithless man, keep turning, turning. I may not follow where they go; Star of the North, I look to thee While on I press; for well I know Thy light and truth shall set me free;-- Thy light, that no poor slave deceiveth; Thy truth, that all my soul believeth. They of the East beheld the star That over Bethlehem's manger glowed; With joy they hailed it from afar, And followed where it marked the road, Till, where its rays directly fell, They found the Hope of Israel. Wise were the men who followed thus The star that sets man free from sin! Star of the North! thou art to us,--- Who're slaves because we wear a skin Dark as is night's protecting wing,-- Thou art to us a holy thing. And we are wise to follow thee! I trust thy steady light alone; Star of the North! thou seem'st to me To burn before the Almighty's throne, To guide me, through these forest dim And vast, to liberty and Him. Thy beam is on the glassy breast Of the still spring, upon whose brink I lay my weary limbs to rest, And bow my parching lips to drink. guide of the friendless negro's way, I bless thee for this quiety ray! In the dark top of southern pines I nestled, when the driver's horn Called to the field, in lengthening lines, My fellows at the break of morn. And there I lay, till thy sweet face Looked in upon "my hiding-place." The tangled cane-brake,---where I crept For shelter from the heat of noon, And where, while others toiled, I slep Till wakened by the rising moon,--- As its stalks felt the night wind free, Gave me to catch a glimpse of thee. Star of the North! in bright array The constellations round thee sweep, Each holding on its nightly way, Rising, or sinking in the dep, And, as it hangs in mid heaven flaming, The homage of some nation claiming. This nation to the Eagle cowers; Fit ensign! she' a bird of spoil;-- Like worships like! for each devours The earnings of anothers toil. I've felt her talons and her beak, And now the gentler Lion seek. The Lion, at the Virgin's feet Crouches, and lays his mighty paw Into her lap!--an emblem meet Of England's Queen and English law;-- Queen, that hath made her Islands free! Law, that holds out its shield to me! Star of the North! upon that shield Thou shinest!--O, for ever shine! The negro, from the cotton-field, Shall then beneath its orb recline, And feed the Lion couched before it, Nor heed the Eagle screaming o'er it! |
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Let the first of January, the day of the abolition of the slave trade in our country, be set apart in every year, as a day of publick thanksgiving for that mercy. Let the history of the sufferings of our brethren, and of their deliverance, descend by this means to our children, to the remotest generations; and when they shall ask, in time to come, saying, What mean the lessons, the psalms, the prayers and the praises in the worship of this day? Let us answer them, by saying, the Lord, on the day of which this is the anniversary, abolished the trade which dragged your fathers from their native country, and sold them as bondmen in the United States of America.
Absalom Jones, Minister, St. Thomas African Episcopal Church of Philadelphia and freed slave |
| I congratulate you, fellow citizens, on the approach of the period at which you may
constitutionally
withdraw the citizens of the United States from all further participation in those violations of human rights
which the morality, the reputation, and the best of our country have long been eager to proscribe.
President Thomas Jefferson, in his annual message to Congress, Dec. 2, 1806 |