Fugitive Slaves (1619-1865)

Every careful student of history is aware that it is no longer possible to write the general history of any important country from the original sources; on any period, the materials which accumulate in a year are more than can be assimilated by one mind in three years. The general historian must use the results of others' work. It is therefore essential that the great phases of political and constitutional development be treated in monographs, each devoted to a single, limited subject and each prepared on a careful and scientific method.

This first number of the historical series of the Fay House Monographs aims to discuss the 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.

Even in its limited range this does not pretend to be a complete work in the sense that all the available cases are discussed or recorded. The effort has been made to use the cases as illustrations of principles, and to add such bibliography as may direct the reader to further details. The appendix of laws is as full as it 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, 1891.

AUTHOR'S PREFACE.

The following monograph was written while the author was a student in the "Harvard Annex" as a study in the Seminary course given by Professor Albert Bushnell Hart. The work has continued during parts of the four years since 1887. The effort has been to trace in some measure the development of public sentiment upon the subject, to prepare an outline of Colonial legislation and of the work of Congress during the entire period, and to give accounts of typical cases illustrative of conditions and opinions. Only a few of the more important cases are described minutely, but a critical list of the authorities may be found in the bibliographical appendix.

The thanks of the author are due first to Professor Hart, under whose direction and with whose assistance and encouragement the monograph has been prepared; then to Miss Anna B. Thompson, without whose careful training in the Thayer Academy and continued sympathy, the work could not have been undertaken. Many thanks are due also to the authorities of the Library of Harvard College for the use, in the alcoves, of their large and conveniently arranged collection of books and pamphlets on United States History, and to the assistants in the Boston Public and Massachusetts State Libraries for courteous aid. Colonel T. W. Higginson has kindly examined the chapter on the cases from 1850 to 1860, suggesting some interesting details; and Mr. Arthur Gilman has read the whole in proof, and made many valuable suggestions.

MARION GLEASON McDOUGALL.

ROCKLAND, MASS. April 2, 1891.

CONTENTS.

Page

CHAPTER I.

LEGISLATION AND CASES BEFORE THE CONSTITUTION.

§ 1. Elements of colonial slavery 1

§ 2. Regulations as to fugitives (1640-1700) 2

§ 3. Treatment of fugitives 3

§ 4. Regulations in New England colonies 4

§ 5. Escapes in New England: Attucks case 5

§ 6. Dutch regulations in New Netherlands 6

§ 7. Escapes from New Amsterdam 6

§ 8. Intercolonial regulations 7

§ 9. Intercolonial cases 8

§ 10. International relations 9

§ 11. International cases 10

§ 12. Relations with the mother country 11

§ 13. Regulation under the Articles of Confederation (1781-1788) 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. Effect of the fugitive slave clause in the Constitution 16

§ 17. The first Fugitive Slave Act (1793) 16

§ 18. Discussion of the first act 18

§ 19. Propositions of 1797 and 1802 19

§ 20. Propositions from 1817 to 1822 21

§ 21. Period of the Missouri Compromise (1819-1822) 23

§ 22. Status of the question from 1823 to 1847 24