The Montgomery advertiser., 1901-10-20

Confederate States. 1t is expedient te recall that as early as 1643 the New Eng land colonies formed 8 union under a Federal Constitution and that slavery of | whites, Indians and Afriacns being then | an institution prevailing in all, one Of 1 the provisions of their federal comfsct was that slaves escaping from their mas ters in one colony should be apprehend- ed and returned to service when found in any of the other members of the Confectionery. This law applied to fugi- tive apprentices as well as fugitive slaves.
 | Publication of New Haven Historical Society, 1901, D. 31.
 Under the general law of comity be- ! tween the colonies first and next between the States. in 17S3. the year after the end of the revolutionary war. the Governor | John Hancock, of Massachusetts that nine negro men. the property of Percival | Pawley of Georgetown had escaped tc setts. having before it the letter to Gov ernor Hancock promptly ordered MT. 1 Pawley's property restored to him. Upon this early and first fugitive slave law, of the New England Confectionery, | Of 1645. the fugitive slave provfso of all | subsequent federal American organic law | was based. The New England Confed- | erscy proyiso was incorporated in the historic ordinance of 17s7, applicable to the Northwest Territory. The ordinance of 17S7 was passed by the "old' Con- gross, s1tung Tn New fork, was sent tc | the Constitutional Convention. then in | session at Philadelphia, and was accept ed by the convention. The convention l took from the ordinance almost word for | word Article w. Section 2, paragraph 2 of the Constitution, to wit:
 No person held to service or labor In one State under the laws thereof, escap- ing into another, shall in consequence or | any law or regulation therein be dlos charged from such service or labor. but | shall be delivered up on claim of the party to whom such service or labor may | be due"
 Language was powerless to frame 8 proviso more mandatory upon one State for the rendition of fugitive slaves to an other. The universal custom of inter- State comity at the time left no room for misconstruction of the intent of the proviso. The Union could not have been formed had a suspicion been present of organized opposition in any State to this proviso. The States were unanimous Tn convention Tn support of 1t and all voted yea on its passage. Congress passed an act providing the necessary legal processes for the arrest by the Federal courts of persons charged with the offence of escaping from "ser- | mics.
 In 1850 Congress amended the act of l793 to facilitate the benefit of the Con stitutional proviso after a fierce conflict with the forming revolutionary forces. Neither the North, as a self-constituted and revengeful philanthropist. or the South as the victim in the case was se- riously affected by the earlier or the later fugitive slave laws of Congress, | The black slaves of the plantations grew by decade learned to weigh and renounce | the allurements of the New England emissaries constantly among them: l remember my first school teacher, Yer I r1an had Hxrnd fAn ne tation region. acceptable to all his patrons. until he yielded to pressure, from home. made himself offensive as an intruder in the slavery agitation and was compelled to leave. This teacher had brought \ New England friend to teach singing In the community. The singing master was sent away ninety days after arrival for | involvement in the slavery question. In the decade from lS40 to 1850 one slave in 3l65 escaped; from 1850 to 1860 one only in 5000 escaped.
 [Compendium Eighth Census, p. III
 The growing conviction of insecurity of constitutional liberty in the South was due not to the robbery of slaves by the agencies of New England. but to the quest, thus manifested by the free States. of the minority slave States. Less than five years ago, m the F1tty' fifth Congress senatoE Allen from or Sis seat the deeds performed by himself. then a youth of 16, living in the Middle West, as a rescuer of negro slaves from the hands of the law. The dignity of his office, the sanctity of the forum availed not to suppress utterance of his youth full fanatical and lawless ardor. Since the Senator so spoke, obituary notices in Northern metropolitan press, of the de- mise of a brother of the poet. Bryant, re counted how the deceased had borne the palm of triumph in the race of active pro- motors of the underground railroad = the tricks of clandestine schemes of es- cape for Kentucky slaves across the mar row line to the open arms or partisan leaders of revolution in Ohio.
 The Massachusetts statutes are quoted here to illustrate the comprehensiV" character of the revolutionary movement of that period and to show where the war against the Union initiated, for 1t must not be forgotten that the States which elected MT Lincoln had each in corporated into it's statute books sub stantially the Personal Liberty law of
 "Personal Liberty"
 Section 60. No person while holding any office of honor. trust or emolumcnt under the laws of this State shall in any capacity. Stake cognizance of any case. grant any certificate, under or by virtue of an act of Congress- approved the l2th day of February, in the year 179S en titled An Act respecting fugitives from justice and persons escaping from the service of their masters or under or by virtue of an act of Congress, approved the 18th day of SeptemN [. ip~ the year 1850, entlt ed An Act ta amend and sup plementary to An Act respecting fugi- lives from justice and persons escaping from the service of their masters, " or shall in any capacity serve such warrant or other process. Any Justice Of hte | Peace who offends against the proN- sions of this section. by directly or in directly acting in such cases shall for, felt sum not exceeding one thousand dollars or be imprisoned in Jail not ex- ceeding one year for each offence"
 Other sections of the same statute re- fuse to the marshals of Federal Courts the use of any jail, prison or other place of confinement" for arrested fugt- tive slaves and attach a fine mot less than one thousand or more than five thousand dollars and by Imprisonment In the State prison not less than one or more than five years" against any officer of the United States or any person wha atsoever who removes from the linn its of this State. or assists in removing