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Fugitive slaves (1619-1865)

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I Digitized Archiveby the Internet in 2007 with funding from Microsoft Corporation http://www.archive.org/details/fugitiveslaves1600mcdouoft THE SOCIETY FORPUBLICATIONS OF THE COLLEGIATE INSTRUCTION OF WOMEN House MonographsFay No. 3 FUGITIVE SLAVES (1619-1865) BY MARION GLEASON McDOUGALL I, PREPARED UNDER THE DIRECTION OF ALBERT BUSHNELL HART, Ph.D. ASSISTANT PROFESSOR OF HISTORY IN HARVARD UNIVERSITY 4^^ji^fco D ^ /l& I BOSTON, U.S.A. PUBLISHED BY GINN & COMPANY 1891 Copyright, 1891, By the Society for the Collegiate Instruction of Women. John Wilson and Son, Cambridge. EDITOR'S PREFACE. careful student of history is aware that it is no longerEvery general of any important country frompossible to write the period, the materials whichthe original sources on any accumu-; more than can be assimilated by one mind inlate in a year are must use the results ofthree years. The general historian others' .is therefore essential that the great phases of political andwork. It in monographs, eachconstitutional development be treated devoted single, limited subject and each prepared on a careful andto a scientific method. This first number of the historical series of the Fay House Monographs aims to discuss tVie single topic of Fugitive Slaves. Mrs. McDougall has drawn together and compared many cases found in obscure sources, and has perhaps been able to correct some commonly received impressions on this neglected subject.
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IDigitized Archiveby the Internet
in 2007 with funding from
Microsoft Corporation
http://www.archive.org/details/fugitiveslaves1600mcdouoftTHE SOCIETY FORPUBLICATIONS OF THE COLLEGIATE INSTRUCTION
OF WOMEN
House MonographsFay
No. 3
FUGITIVE SLAVES
(1619-1865)
BY
MARION GLEASON McDOUGALL
I,
PREPARED UNDER THE DIRECTION OF
ALBERT BUSHNELL HART, Ph.D.
ASSISTANT PROFESSOR OF HISTORY IN HARVARD UNIVERSITY
4^^ji^fco
D ^ /l&
I
BOSTON, U.S.A.
PUBLISHED BY GINN & COMPANY
1891Copyright, 1891,
By the Society for the Collegiate Instruction of Women.
John Wilson and Son, Cambridge.EDITOR'S PREFACE.
careful student of history is aware that it is no longerEvery
general of any important country frompossible to write the
period, the materials whichthe original sources on any accumu-;
more than can be assimilated by one mind inlate in a year are
must use the results ofthree years. The general historian others'
.is therefore essential that the great phases of political andwork. It
in monographs, eachconstitutional development be treated devoted
single, limited subject and each prepared on a careful andto a
scientific method.
This first number of the historical series of the Fay House
Monographs aims to discuss tVie single topic of Fugitive Slaves.
Mrs. McDougall has drawn together and compared many cases
found in obscure sources, and has perhaps been able to correct
some commonly received impressions on this neglected subject.
not pretend toEven in its limited range this does be a complete
work in the sense that all the available cases are discussed or
effort has been made to use therecorded. The cases as illustra-
tions of principles, and to add such bibliography as may direct the
The appendix of laws is full itreader to further details. as as was
possible to make it from the collections in the Boston Public and
Massachusetts State Libraries. If the monograph prove useful to
the student of American history, it will meet the expectations of
author and editor.
ALBERT BUSHNELL HART.
Cambridge, April 2,
[iii]AUTHOR'S PREFACE.
following monograph was written while the author was aThe
"Harvard Annex" as a study in the Seminarystudent in the
course given by Professor Albert Bushnell Hart. The work has
during parts of the four years since 1887. The effortcontinued
measure the development of public senti-has been to trace in some
ment upon the subject, to prepare an outline of Colonial legislation
Congress during the entire period, and to giveand of the work of
opinions.of typical cases illustrative of conditions andaccounts
more important cases are described minutely,Only a few of the
the biblio-list of the authorities may be found inbut a critical
graphical appendix.
Hart, underThe thanks of the author are due first to Professor
with whose assistance and encouragement thewhose direction and
Anna Thompson,monograph has been prepared ; then to Miss B.
training in the Thayer Academy and con-without whose careful
have been undertaken.tinued sympathy, the work could not
the authorities of the Library ofMany thanks are due also to
of their large and con-Harvard College for the use, in the alcoves,
collection of books and pamphlets on Unitedveniently arranged
in the Boston Public andStates History, and to the assistants
Libraries for courteous aid. Colonel T. W.Massachusetts State
on the cases fromHigginson has kindly examined the chapter
Mr. Arthuri860, suggesting some interesting details; and1850 to
and made many valuableOilman has read the whole in proof,
suggestions.
MARION GLEASON McDOUGALL.
Rockland, Mass., April 2, 1891.
[iv]^CONTENTS.
^
CHAPTER I.
LEGISLATION AND CASES BEFORE THE CONSTITUTION
Page
I Elements of§ colonial slavery i
2. Regulations as to fugitives§ (1640-1700) 2
— Treatment of fugitives§ 3. 3
4. in New England colonies^ 4
-^ Escapes in New : Attucks case5.§ 5
6. Dutch regulations in New Netherlands§ 6
7. Escapes from New Amsterdam 6§
8. Intercolonial regulations§ 7
9. Intercolonial cases -§ 8
ID. International relations§ 9
§11. International cases 10
§ 12. Relations with the mother country 11
Regulation under the Articles of Confederation (i§13. 781-1788) 12
14. Ordinance for the Northwest Territory§ ( 1787) 13
§ 15. The Fugitive question in the Constitutional Conventions 14
CHAPTER II.
LEGISLATION FROM 1789 TO 1850.
16. of the fugitive Constitution§ Effect slave clause in the 16
17. The first Fugitive Slave Act 16§ (1793)
18. Discussion of the first act 18§
Propositions of§ 19. 1797 and 1802 19
20. from 181 7 to 1822 21§
21. Period of the Missouri Compromise ( 1819-1822) 23§
22. Status the§ of question from 1823 to 1847 24
Canada and Mexico places of refuge§ 23. 25
2624. Status of fugitives on the high seas§
Kidnapping Prigg case 27§ 25. from to 1850 :1793
2826. Necessity fugitive slave provisions§ of more stringent
2827. Action Congress from 1847 to 1850§ of
Columbia 29§ 28. Slavery in the District of
••Act 29§ 29. The second Fugitive Slave (1850)
Slave ActProvisions of the second Fugitive 3030.§
3'Arguments for the bill31.§
the bill 3^32. against§
[V]vi Fugitive Slaves.
CHAPTER III.
PRINCIPAL CASES FROM 1789 TO 1860.^
Page
T)T,.§ Change in character of cases 34
The first case of rescue34.§ (1793) 35
President Washington's demand for a fugitive§ 35. {1796) 35
Kidnapping cases36.§ 36
Jones case37. ( 1836)§ 36
§38. Solomon Northup case (about 1830) 37
Washington39. case (between 1840 and§ 1850) 38
40. Oberlin case ( 1841)§ 38
41. Interference and rescues§ 38
42. Chickasaw rescue§ (1836) 38
Philadelphia case43. (1838)§ 39
Latimer case§ 44. (1842). 39
45. Ottoman case 1846)§ ( 40
Interstate relations46.§ 41
.'Boston and Isaac cases47. (1837, 1839) 41§
48. Ohio and Kentucky cases (1848)§ 41
Prosecutions49.§ 42
50. Van Zandt, Pearl, and Walker cases (1840, 1844) 42§
51. Unpopularity of the Fugitive Slave Act of 1850§ 43
Principle of the selection52. of cases§ 43
Hamlet case53. (1850)§ 43
54. Sims case ( )§ 1851 44
l^urns case55- {1854)§ 45
56. Garner case
( 1856) 46§
57. Shadrach case (1851)§ 47
McHenry case58. Jerry ( 1851 )§ 48
Oberlin-Wellington case59. ( 1858)§ 49
§ 60. Christiana case { )1851 50
61. Miller case§ (1851) 51
62. John Brown in Kansas§ (1858) 51
CHAPTER IV.
FUGITIVES AND THEIR FRIENDS.
Methods of escape63. 53
§ 64. Reasons for escape ; 54
—§ Conditions of slave life65. 55
66. Escapes to the woods§ 56 to the§ 67. North 57
68. Use of protection papers§ 58
69. Fugitives disguised as whites ; Craft case..^^§ 58