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CHAPTER XIX.

RECAPTURE of Fugitive Slaves - Compromises of the Constitution; Readjustment of Compromise Measures in 1850- Fugitive Slave Bill; Opposition to it-President Pierce's opinion of it-Approved by Presi dent Fillmore - His former Anti-slavery Sentiments-Commissioners sent from the Legislature of Kentucky to Ohio, in 1839-Ask Ohio to aid in Recapturing their Slaves - How received by the Legislature of Ohio; Black Laws of Ohio - Mr. Morris's labors for their overthrow — His views on the duties of States in the rendition of Slaves - Report of Judge Smith in the Senate of Ohio in 1837-Mr. Morris's elaborate reply to it.

THE Recapture of fugitive slaves, has given to the system of American slavery a profound interest and agitation both North and South. Slaves are human beings, and have longings for liberty. This living spark, not extinguished, even in the soul of the bondman of the South, has led thousands of slaves, to seek deliverance from slavery, and the blessing of personal freedom. Some of the most romantic and heroic achievements in history, are those that record the daring efforts and adventures of slaves to escape from bondage. Their heroism, in ancient days, would have secured them monuments, and immortalized their names.

In the organization of the Government, a provision was inserted in the Constitution, that "No person held to service or labor in one State, under the laws thereof, escaping into another State, shall, in consequence of any law or regulation therein, be discharged from such service and labor; but shall be delivered up on claim of the party to whom such service or labor may be due."

This was a compromise between the North and the

South, in order that the Union might be formed, and the Government go into harmonious operation. This Constitutional provision was a temporary sacrifice of rights, for the purpose of adjusting the interests of all sections of country. The North and South expected, and desired, the speedy extinction of slavery, and its extension into new territory, was not contemplated by the framers of the Constitution. Hence it was agreed, that the South would not attempt to carry slavery into new Territories, and the North would extend a certain degree of protection to the interests of the South, by allowing the recovery of fugitive slaves in the Free States.

This provision, however, in the course of time, was found inadequate for the slave interests of the South. The growing sentiments of the country against the evils. of slavery, and the growing sentiments of freedom among a large number of slaves, who, by increasing numbers escaped, made the property of human chattels, more and more insecure. A new surrender must be made on the part of the North.

In a new adjustment of political affairs, in 1850, when California was admitted into the Union, a Fugitive Slave Bill was passed by Congress, far more stringent and oppressive than any previous legislation. This Bill, in the North, produced general dissatisfaction.

It made every man a "slave catcher." "All good citizens are hereby commanded, to aid and assist in the prompt and efficient execution of this law, whenever their services may be required," and any attempt to aid a slave, directly or indirectly to escape, subjected the offender to a fine of $1000, and six months imprisonment. It also destroyed the right of trial by jury, by allowing the claimant of a slave to file his certificate before a Commissioner, and on that certificate the slave must be surrendered, in the face of "a process issued by any Court or Judge, Magistrate or other person whomsoever." This feature of the

Bill, conflicts with the Constitution of the United States, where it declares that "The privilege by the writ of Habeas Corpus, shall not be suspended unless when in cases of rebellion or invasion the public safety may demand it." It made humanity a crime, and is in direct conflict with the "higher law" of God, that declared, "Thou shalt not deliver unto his master, the servant which is escaped from his master unto thee," and against that Christian law, "That whatsoever ye would that men should do unto you, do ye also unto them."

This bill passed Congress and became the law of the nation. Northern statesmen gave it their votes and influence, and on the 18th of September, 1850, it received the approval of President Fillmore, who, as a Representative in Congress, and through most of his political life, had been distinguished for his opposition to slavery.

In October, 1838, the Anti-Slavery Society of Erie county, New York, asked Mr. Fillmore's views on the subject of slavery. He returned the following answer:

BUFFALO, Oct. 17, 1838. SIR-You solicit my answer to the following interrogatories:

1st, Do you believe that petitions to Congress, on the subject of slavery and the slave-trade, ought to be received, read, and respectfully considered by the representatives of the people?

2nd, Are you opposed to the annexation of Texas to this Union, so long as slaves are held therein ?

3d, Are you in favor of Congress exercising all the Constitutional powers it possesses, to abolish the internal slave trade between the States?

4th, Are you in favor of immediate legislation for the abolition of slavery in the District of Columbia?

I answer all your interrogatories in the affirmative. MILLARD FILLMORE.

The present President of the United States, Mr. Pierce, on the 2d of January, 1852, expressed his opinions and feelings on the Fugitive Slave Bill as follows: "I have been asked if I like this Fugitive Slave Bill. I answer, No. I loathe it. I have a most revolting feeling at giving up a slave. The law is opposed to moral right and humanity. Slavery is contrary to the Constitution, in some respects."

Not only the National Legislature, but many of the free States, legislated for the recapture of fugitive slaves, giving legal facilities to slave hunters, to arrest the fugitive in his pursuit of freedom.

In this work Ohio, in her legislative capacity, was prominent. Kentucky was losing her human chattels, from their strong love of liberty. A large number of slaves, from year to year, made their escape, and passed through Ohio to Canada, their only safe city of refuge on the American Continent.

To remedy this, the Legislature of Kentucky appointed a special embassy to the Legislature of Ohio. The embassadors, in the persons of Charles T. Morehead and John Speed Smith, entered upon the immediate execution of their mission, and arrived in Columbus, the capital of Ohio, on the 26th of January, 1839. They were received by the Legislature of Ohio with distinguished consideration, and by the citizens with princely attention and courtesy.

In an address to the Legislature of Ohio, they entreated that body, by their love of the Union, and of the Constitution, and by every motive of patriotism, "to provide all needful enactments, to prevent evil disposed persons, who may shelter themselves within the jurisdiction or limits of Ohio, from enticing away the slaves of the citizens of Kentucky, or aiding, or assisting, or concealing them after they shall have reached the borders of that State; and also, to pass an act, to provide more efficient and certain means for recapturing and bringing away absconding

slaves, by their masters, or their legally authorized agents." "The confidence of Kentucky is full in the justice, good feeling, and comity of Ohio."

The commissioners were entirely successful. In less than thirty days, the Legislature passed "An Act relating to Fugitives from Labor, or Service from other States," which passed on the 24th of February, 1839, and which declared that "If any person, or persons, in this State, shall counsel, advise, or entice any other person or persons, who by the laws of another State shall owe labor or service to any other person or persons, to leave, abandon, abscond, or escape, or shall furnish money, or conveyance, or any other facility for enabling such persons owing labor, or service, to escape from, or elude the claimant, every person so offending shall be fined in any sum not exceeding five hundred dollars, and be imprisoned in the jail of the county, not exceeding sixty days, at the discretion of the Court." An effort was made to insert a provision, that such persons "should be punished by imprisonment in the Penitentiary, and be answerable to the party injured four-fold damages."

This submission of Ohio at the foot of the slave power, roused the spirit of incensed justice and freedom in Ohio. The law converted the soil of Ohio, solemnly consecrated to freedom, into a hunting-field for slaves, and made it a penal offense to give a cup of cold water, or a piece of bread to a poor, starving fugitive, on his way to freedom. It made humanity, and a Christian duty, a crime.

"Alas for freedom! if such fruits as these
Grow on the branches of her spreading trees.
Alas for freedom! if the poor oppressed
Find no sweet sympathy within her breast.
Alas! alas! when ye, who claim to be
The great and generous, wise and truly free,
Scoff at a brother, turn in scorn away,
Because he wears a robe of darker clay."

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