Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-03-31
Number 2.


Br A WIG OF ONO.
Number 2.
FUGITIVE SLAVES.
Ma. EpiroR; The convention that framed our
FEDERAL Constitution, met with no rii1ng difficulty in
fixing the rights of the people of the different States
in regard to fugitire sidres. BY the common latr,
and the law OF the nations "a STARE became absolutely
srnmsnt; !" whether he did so by consent of his mas
ter, or by escaping from his masters custody. II
was foresecn that if this principle of the common law
remained in force, SELF emancipation, would deprive
the slave States of an institution which they regarded
a. important TO their prosperity. member from
South Carolina moved an amendment to the Consti-
tuition, requiring 'fugure slares and servants to be
delivered up Ike criminals" This was objected TO by
members om Pennsylvania and Connecticut, for the
reason that it would involve the people of the free
States in the expense of s!avery-vide Sd volume
Madison Papers l4i7. An amendment was subse..
Quently adopted in the form in which it is now found
in the last clause OF the LIST section of the 4h article
which provides, that mo person held to service or la
Dor in ons State, under the laws thereof escaping in
ation therein be discharged from such serric. Ia
Dor" &c. BY this provision the common law, as II
then stood was charged so fnr as the United States
were concerned, 80 that a slave EscApiSo 10 FREQ
State did not thereby become free.
Under this provision Congress passed the law OF
1898, requiring certain officers of the State and Fed
sral Governments to act 1hen fugitive slaves were
brought before them and was supposed by our reo-
recapturng his fugitive slave. This has led many Of
people to believe the subject of fugitive slaves 10
form an exception 10 the doctrine laid down in my
6rst number But the subject came before the SUI
prcme Court Of the United States at their las; scs-
zion, in the case of Prgg vs. the Commonwealth Of
Pennsylvania; and it was decided, on solemn argu-
ment, that State officer obliged TO act in such
ease and that so much of said law as required them
10 act was unconstitutional. In this manner the doc
trine laid down in my last communication was con-
armed by the Supreme Court of the United States, in
regard TO fugisire slares. There many other
important points decided in that case from which the
following principles are deduced:
slave, BY escaping to free State acquires certain
Important rights and privileges. When he reaches
our territory we regard him as man, and not as
property. 1fhe work for me- or sell me property, he
may sue me in his own name, and collect pay. Nei-
Their l, any other man. except his MASTER can take
advantage of his having been slave If any person
attempt to arrest him. as slave without process, he
may defend himself with just much force as be-
necessary protect his person and his person.
al liberty. In this respect he enjoys the same rights
and privileges which our citizens possess. He i. La
bic to be arrested and taken back TO slavery by his
former mas,erin all other respects he is regarded in
law as a freeman. While in slave State he may
no, resist the violence of his master by act of self
defence lfhc do So he may be Instantly slain by his
mas er, or otherwise severely punished ander the laws
of such State Ii is this law, declarng criminal in
him to defend his person against the violence of his
master, which constitutes sldrerY. That law can
have 10 operation IN our State. The slave therefore,
BY escaping from slave State. escapes from the op-
Grafton of that law. Its penalties cannot be visited
upon him for an act done in Ohio. There is no such
law here nor it in the power of Legislature to
enact such law. Our Constitution lorbids its exis
tence.
The court in the case referred 10, expressly decided
that the jurisdiction vested solely in Congress- that
the passing of law upon the subject by Congress,
10 conclusive that the master shall have the benefit
conferred by the act; and that no State law can be
interposed to qualify charge the powers given by
Congress. They further decided, that it was equally
IL IL, ~,
have other or further facilities for capturing his
slave than those expressed in the law of Congress
and therefore, no State law can add to the powers
conferred in the act of 1893. 1t, therefore, follows
that he may defend himself against his master while
in this State, for the obvious tina, sefdelence
is natural right and there is no law having force
within the State of Ohio which forbids its exercise.
If his master attempt to arrest him, the slave may
ry 10 protect his person and liberty. If the master
press upon him, and becomes necessary for his pro-
section he may kill his master, or the agents Of his
master, be they many or few ouinquiring wheth-
er they come from slave State, or be citizens OF
Ohio. 1t is important that people should distinct
v understand that, if they volunteer 10 arresta fugl
tive slave, they do so at their peril speak with con
fdence on this point. There is nothing in the act of
Congress forbiddng the slave 10 exercise his natural
right Of self defence does it mention any penalty
for doing The act treats him as property merely,
and visits upon him punishment for killing
his master than ii would upon mule for the act
The law Of Congress settles the rights existing be
tween the and the people of the State to which
the slave may eei hut it does not attempt TO define
the rights existing between the master and slave.
1t follows therefore, that the slave, when he reach
Is our territory becomes at once rcinsla,ed in the en-
joyment of all his natural rights which belonged &c
him while in Africa II is true that we lend him nc
protection agans,his master but we leave him TO de-
fend himself with all the means IN his power. liz
may, for this purpose provide himself with weapons
lftherc be or more of them together, they ma,
unite their efforts TO defend themselves; and in al
respects put forth their physical powers to the samt
same extent that they could do they the sol
OF their native land. l am aware that many Of ou
people think wrong to do any, thing by which tn
slave shall learn his rights. With such disagree
II it were in my power, every person should know
his rights the momcn, he touches our soil. To with
hold from him this knowledge, would aid his maste
in recalnng him. We under no constitutional
legal, or moral obligation thus TO aid the master
therefore, every means we may use for that purpos
makes us pnrnllers of his guilt. On the contrary
we are under every moral obligation to use all our CT
forts and influence 10 the advancement of justice an
liberty, SO far as we can, without offending agains
the laws of our country. Ii is on this principle ihc
every citizen Of State, whether he be Judge jus
tce of the peace any other State officer ncurs
much mora guilt, when he assists master in retail
ing slave he would were he to 90 with the ,nastC
90 Africa, and aid him in capturing and bringing int
slavery the inhabitants of that unhappy land.
must be vated state Of public opinion that regarc
them in any other light. The offence against mar
kind is the same in either case; and intend that n
false delicacy shall deter Inc from an unreserved e.
preSslon OF our rights One oil these rights ls To II
form every person within our borders OF all his leg
privileges. / would as soon take from slave h
physical powers obedience, as l would rob him of h
moral powers | would soon lind his body wi
chains as would bind his intellect in ignorance. b
while the slave enjoys these natural rights, the ma.
hiss his constitutional and legal privileges; and the
we are bound also to respect and observe. The ma
ter may enter State and pass through it in pu
sui. OF his fugitive slave, and we have not the cons
tutional power to prohibit him. As individuals
may refuse him admission TO our dwellings,
may deny him the rights OF hospitality; we may
gardhim with horror, and teach our children to d
test him but he may, nevertheless, travel our roat
and may arrest his slave in our presence; and N
bind him if necessary and transport him back to
States from whence he escaped. We have no rig
to interfere for the slaves protection, although I
sympa,hies may be excited in his favor. On this s,
ject our faith is pledged, and must not be violat
But while we permit the master To do this, we do
protect him in doing it. Far from it. When he
tiers our State TO arrest his fugitive slave so far
they 10 are concerned he does i, at his own peril,
much he would if he were TO 90 TO Africa TO k
nap native Of that country He has no law TO p
tect him, and must depend upon physical force
he must respect the rights of our people. He M
not violate the saacty Of our private dwellings,
must he violate the public peace. He may lay "g
,i,,, Fl, h,, and