Fugitive Slaves (1619-1865)

§ 63. Methods of escape.—The great increase in the number of fugitives after 1850 was in part due to the uneasiness felt by Northern people under a law which made them co-workers with the South in a system of slave hunting, and in part to the greater ease of communication now afforded between the two sections. The knowledge that there was in the North a body of "abolitionists" eager to aid them from bondage to freedom was also spreading more widely each day among the slaves.

§ 64. Reasons for escape.—First, why did the slave seek to escape? However unlike the attending circumstances, we find upon investigation that the negro's desire to run away may be traced to one of but three or four motives. Among the more intelligent slaves, who could comprehend the nature and injustice of their position, it often rose solely from the upspringing in their hearts of that love of freedom natural to all men. It is probable that in the greater number of cases this was the motive at the root of the matter. A fugitive, on being questioned at an Underground Railroad station as to his reasons for escape, replied that he had had a kind master, plenty to eat and to wear, but that notwithstanding this for many years he had been dissatisfied. He was thirsting for freedom.216 Another said that his owner had always been considerate, and even indulgent to him. He left for no other reason than simply to gain his liberty.217

A second reason, and that which perhaps most frequently led them to take the decisive step in this often long premeditated act, was the cruel treatment received from their masters. An owner upon one of the Southern plantations said his slaves usually ran away after they had been whipped, or something had occurred to make them angry.218

A third and very effective cause was the fear of being sold South, where slave life, spent in toil under the merciless masters of the rice swamps and cotton fields, was seen on its darkest side. Such was the horror with which the slave regarded this change, that the threat of it was constantly used by owners as one of the surest means of reducing their rebellious slaves to submission. In the Virginia Slave Mother's Farewell to her Daughters who have been sold into Southern bondage, Whittier has well expressed their feelings.219

Many cases of this kind came to light through the examinations at the Underground Railroad stations. Three brothers once learned that the next day they were to be sent South with a slave trader then in the vicinity. Filled with terror at the prospect, they preferred the danger of death in the swamps to the certainty of life in the unknown country. That night they made their escape, but it was only after weeks of wandering in swamps and morasses that they reached a haven.220

So long as a black family remained together upon one plantation, their love for one another operated as the strongest bond to prevent their departure; but when, as constantly happened, the sale and separation of the members scattered families far and wide, with no hope of reunion, the firmest and often the sole tie which bound them to the South was broken. There was no longer anything to hold them back.221

§ 65. Conditions of slave life.—These are some of the motives which led the slave to plan an escape. It will now be well to glance at those surrounding conditions, incident to the time and country, which made successful flight particularly difficult. First, the slave was a negro; and in the South, where the presumption was that every black man must be a slave, the color of his skin gave not only a means of tracing him, but also made him liable at any moment to questioning and arrest.

In both city and country patrols were appointed, whose duty it was to keep strict watch over the negroes; and any slave found away from his plantation, unless in livery or provided with a pass, could be whipped and sent back to his master.222 It was also lawful for any white man to seize and carry a stray slave to the nearest jail.223 The next morning, if not claimed, he was advertised in a manner of which the following is an example:—

If not claimed within one year, such a prisoner could be sold by the jailer. Thus Olmsted remarks that "the security of the whites is not so much dependent upon patrols, as on the constant, habitual, and instinctive surveillance and authority of all white people over the blacks."225

§ 66. Escapes to the woods.—If an opportunity for escape should present itself, the first question for the slave was, "In what direction shall I turn?" Many slaves knew nothing of the Northern people, or had heard of Canada only as a cold, barren, uninviting country, where the negro must perish. To those who had neither the courage nor the knowledge requisite for a long journey, the woods and swamps near by offered the only refuge. There they built cabins, or lived in caves, and got food by hunting and fishing, and by raids upon the neighboring plantations.

In one of the papers of the day an underground den is noticed, the opening of which, though in sight of two or three houses, and near roads and fields, where passing was constant, had been so concealed by a pile of straw, that for many months it had remained unnoticed. When discovered, on opening a trap-door, steps were seen leading down into a room about six feet square, comfortably ceiled with boards, and containing a fire-place. The den was well stocked with food by the occupants, who had been missing about a year.226

In most cases slaves were not so bold, and preferred concealment on an uninhabited island, or a bit of land surrounded by morasses. We often find advertisements of the time, mentioning such places as the probable refuge of runaways. The Savannah Georgian of 1839 offers a reward for two men who have been out for eighteen months, and are supposed to be encamped in a swamp near Pine Grove Plantation.

In the Great Dismal Swamp, which extends from near Norfolk, Virginia, into North Carolina, a large colony of these fugitive negroes was established, and so long was the custom continued that children were born, grew up, and lived their whole lives in its dark recesses. Besides their hunting and fishing, they sometimes obtained food and money, in return for work, from the poor whites and the negroes who had homes on the borders of the swamp. It was this practice of remaining out near home which, under easy masters, brought about the habitual runaways,—men who were constantly escaping, and after a little time returning, often of their own accord.227 One of his masters said of William Browne, afterward a well known speaker upon slavery, that he hesitated some time before he invested seven hundred dollars in William, for he was "a noted runaway."228 Again, in a Southern paper advertising a sale of slaves, one description is thus given: "Number 47, Daniel, a runaway, but has not run away during the last two years, aged 28 years."229

Escapes to the North.

§ 67. Escapes to the North.—Of those who, with heroic hearts and firm courage, determined to reach even Canada, many had seldom left the plantation on which they were born, and were so completely ignorant of geography and relative distances, that the best and quickest way northward could seldom be chosen. They knew nothing of the facilities for communication possessed by their masters through newspapers and telegraph, and would often fancy themselves safe when they had travelled but a short distance from home. In reality, the white people about were often fully informed against them, and arrests were almost sure to follow.230

The journeys of the fugitives were necessarily long, since unfrequented ways were generally chosen, and but part of the day could be used. There is a record of a man who had "taken a whole year in coming from Alabama to Cincinnati. He had travelled only in the night, hiding in the woods during the day. He had nothing to eat but what he could get from the fields, sometimes finding a chicken, green corn, or perhaps a small pig."231

Although the methods pursued were innumerable, and varied from those of the man whose only guide was the north star, to those of the party aided onward by the most elaborate arrangements of the Underground Railroad, the fugitive was obliged to follow one of two great routes, by water or by land. From the earliest times the ship had been a favorite refuge. Once on board a craft bound to a Northern port, the fugitive was almost certain of reaching that destination, and, once arrived, could hope for protection from the Northern friends of whom vague rumors had penetrated the South. New laws, therefore, bore more and more heavily upon captains who should be found guilty of harboring a slave, and many cases were made public of cruel treatment experienced by slaves at the hands of captains who sent them directly back. Nevertheless, escapes on shipboard still occurred frequently through the years of slavery. A method commonly used by women in getting on board was to disarm suspicion by appearing to be carrying some freshly laundered clothes to the sailors.

§ 68. Use of protection papers.—Another method called for less physical effort on the part of the fugitive, but for greater coolness. It was simply to procure from some freeman his protection papers, and to show them whenever necessary to disarm suspicion. As the descriptions could seldom be made to agree, both giver and receiver were placed in situations of the greatest risk. It was thus, however, that Frederick Douglass travelled in the most open manner from Baltimore to New York, and escaped from a bondage to which he never afterward returned.232

Fugitives disguised as Whites.

§ 69. Fugitives disguised as whites: Craft case.—Sometimes the boldest plans succeeded best if supported by sufficient firmness and presence of mind. Three negroes possessed of a considerable sum of money once determined upon a plan, startling in its simplicity and success. They hired a good travelling coach and horses. They then bribed a white beggar to dress as a Virginian gentleman, while they mounted the coach as his driver and footmen; and in this guise they successfully made their way into Canada.233

Another example of unconcealed flight is found in the often told story of the escape of William and Ellen Craft, in 1848. They lived in Macon, Georgia, and were generally well treated. But Ellen had been compelled to go North with her mistress, and leave her little child at home; during this absence, the child died uncared for. From that time she determined to escape.234

William at last arranged a plan which was successfully carried out. Ellen was nearly white. She personated a young Southern planter, while William accompanied her as her servant. She carried her right arm in a sling so that she might not be expected to write, bandaged her smooth face, and put on a pair of green goggles. Thus disguised, she succeeded in buying tickets for herself and servant without discovery. In the train she was terrified to see a gentleman who had known her from childhood. He even sat down by her, and spoke, but to her great relief, he saw in her only a young invalid going North for his health. From Savannah they took a steamer to Charleston. There they had some difficulty in passing inspection, but their most dangerous stopping place was Baltimore, where every white man with a slave was required to prove his right of property before he could be allowed to go on to Philadelphia. After some conversation Ellen told the officer that she knew no one in Baltimore, and had no proofs that William was her slave; but that he was necessary to her on account of her illness, and she must take him on. The officer finally relented, as the train was about to start, and Baltimore was safely passed.

At Philadelphia shelter was found among the Quakers, and thence they pushed on to Boston. Here they engaged the attention of Theodore Parker, and he protected them during their stay. William took up his trade of cabinet-making, while Ellen added to their income by sewing. They lived thus quietly until the passage of the Fugitive Slave Law in 1850. From that time, to remain even in Boston was hazardous. Soon after, there appeared one day in William's shop a man who had worked with him in the South. He immediately suspected the presence of others, and took refuge among friends. For two weeks Ellen was with Mr. Parker, who wrote his sermons during her stay with his sword in a drawer under his inkstand, and a pistol in his desk.

They were then taken to Mr. Ellis Gray Loring's home. Here William showed a most honorable spirit. When he found Mr. Loring was not at home he would not remain, saying, "I am subjecting him to a heavy fine and imprisonment, and I must go at once to look for some other shelter."

His pursuers, who had come from Georgia, were staying at the United States Hotel. The knowledge of their object was soon spread abroad, and they dared not go into the streets for fear of a mob. Handbills, calling attention to them, were placed everywhere, and cries of "Slave hunters! there go the slave hunters!" were heard on all sides. At last, they were absolutely compelled to leave the city. William and Ellen no longer felt safe, and therefore went to England, where the remainder of their life was spent in peace.235

The Underground Railroad.

§ 70. Underground Railroad.—From the preceding sketch of the conditions of escape, it is plain that no such numbers as are known to have fled could possibly have escaped from their masters' power had they depended solely upon their own exertions. From the beginning of the antislavery agitation, about 1830, and especially near 1850, a mysterious organization made it a business to receive, forward, conceal, and protect fugitives. To that organization the name of "Underground Railroad" was given, and the many methods used by those connected with it can best be given under a more elaborate description of the system.

§ 71. Rise and growth of the system.—The first efforts toward any systematic organization for the aid and protection of fugitive slaves are found among the Quakers in Pennsylvania. The great number of cases of kidnapping which occurred in this State after the passage of the law of 1793, by their injustice roused people to action in behalf of the free blacks; and, their sympathies once enlisted for the colored race, it was but a step to the aid of the fugitive negroes.236 From this time, as the number of runaways increased, new agencies were constantly being established, until from the slave States to Canada a perfect chain of stations was arranged, not more than one day's journey apart.237 The system is said to have extended from Kentucky and Virginia across Ohio, and from Maryland, through Pennsylvania and New York, to New England and Canada.238

As negroes began to disappear, and their masters found themselves unable to trace them farther than certain towns in Pennsylvania, they said, in bewilderment, "There must be an Underground Railroad somewhere," and this expression, suiting the popular fancy, became the general name by which the whole system was known.239

Operations "Underground."

§ 72. Methods pursued.—Although often varied by circumstances, the general method of work was always the same. In the South, money was usually the motive, and for its sake the managers of the Railroad could usually get some one to aid a slave in escaping and crossing the line. In the North it was an unselfish, and sometimes dangerous, work of charity.

Fugitives arrived at the first station, ignorant, half-clothed, and hungry. There they were fed, and, in order to elude the advertisements sent through the States, disguises were provided. For women, the large veiled bonnet and plain attire of the Quakeress proved one of the best costumes. The men received a slip of paper, with a word or two which would be recognized at the next place, and, unless special caution was needed, were sent forward on foot. Women and children were often taken in close carriages, sometimes constructed for this special purpose.240

Stations, that is, the houses of persons known to be interested, were reached between sunset and ten o'clock in the evening. A tap at the door would rouse some member of the family, and the fugitive would be taken to the barn, or some place of concealment.241 Often, too, these houses were not merely places for a night's tarrying, but homes where the ill and fatigued might remain and be cared for until strong enough for the onward journey.242

To conduct people over this long line, and to baffle all plans of their pursuers, required quick wit, as well as great courage and coolness.243 So successful were the conductors in this respect, however, that a discouraged slave hunter, after a fruitless search, once said it was "as easy to find a needle in a haymow as a negro among Quakers."244

When fugitives were concealed, and persons desiring to search the house appeared, it was the custom to receive the searchers courteously. One of the family immediately engaged them in conversation, and offered them refreshments. The hunt was thus delayed as long as possible, so that the fugitive might be helped away. In one case, while the slave's master was thus entertained upon the front piazza, the mistress of the house quietly conveyed the hunted negro out at the back door, and placed him under an inverted hogshead standing by. Then, with the most unconcerned manner, she allowed the man to search until he was satisfied that there could be no fugitive in that house.245

§ 73. Colored agents of the Underground Railroad.—An example of the most courageous and successful action may be found in the life of Harriet Tubman,246 who when a young girl made her escape from slavery alone and unassisted. After several years of work in the North, she determined to go back for her family. This trip was safely accomplished, and followed by others, until during her life she had made nineteen journeys, never losing a person. The Rev. James Freeman Clarke gives the following account of her methods:—

When she feared the party were closely pursued, she would take them for a time on a train southward bound, as no one seeing a company of negroes going in this direction would for an instant suppose them to be fugitives. As their leader out of bondage, her people gave her the name of "Moses," and thus she is generally known.

§ 74. Prosecutions of agents.—Such acts as those daily performed by the conductors on the Underground Railroad could not be carried on under the existing laws without leading to prosecutions. Large rewards were many times offered for Harriet's capture, but she eluded all efforts to stop her work. At one time the Maryland legislature offered a reward to any person who should secure Thomas Garrett in any public jail in the State. He was a Delaware Quaker, who, it is said, helped twenty-nine hundred slaves in escaping. The Governor was required to employ the best legal skill to prosecute him on the charge of aiding runaways.248 He was afterward tried and fined a sum which consumed his entire property. As this was paid, the officer who received it said that he hoped the remembrance of this punishment would prevent any further trouble. Mr. Garrett, undaunted, replied that they had taken all that he possessed, but added, "If thee knows any poor fugitive who wants a breakfast, send him to me."249 In fact, he seemed absolutely fearless. Angry slaveholders often called upon him, and demanded their property. He never denied knowledge of their slaves, or of having helped them on their way, but, in the most quiet manner, positively refused to give information concerning them.250

§ 75. Formal organization.—In 1838 the first formal organization of the Underground Railroad was made, with Robert Purvis as President. It was said that two marketwomen in Baltimore were their best helpers. They had come into possession of a number of passports, or "freedoms," which were used by slaves for part of the distance, and then were returned to serve the same purpose again.251

In all transactions connected with this organization the greatest secrecy was necessarily observed, seldom more than two or three persons at a station being allowed any knowledge of it. In the Liberator of 1843, a notice is found cautioning people against exposing in any way the methods used by fugitives in escaping, as it only helped the pursuers in the next case. The fugitives themselves were usually careful in this respect. Frederick Douglass absolutely refused until after the abolition of slavery to reveal the method of his escape.252

Mrs. G. S. Hillard, of Boston, was in the habit of putting fugitives in an upper room of her house. A colored man was placed there, and when Mrs. Hillard went up to see him, she found he had carefully pulled down all the shades at the windows. She told him that there was no danger of his being seen from the street. "Perhaps not, Missis," he replied, "but I do not want to spoil the place." He was afraid lest some one might see a colored face there, and so excite suspicions injurious to the next man.253

§ 76. General effect of escapes.—Although many fugitives were aided previous to 1850, it was after the new law went into effect that the great efforts of the Abolitionists were centred on this form of assistance. Of such importance did it become, that at the beginning of the Civil War one of the chief complaints of the Southern States was the injury received through the aid given their escaping slaves by the North.254

It was, however, really the "safety valve to the institution of slavery. As soon as leaders arose among the slaves who refused to endure the yoke, they would go North. Had they remained, there must have been enacted at the South the direful scenes of San Domingo."255

CHAPTER V. PERSONAL LIBERTY LAWS.

§ 77. Character of the personal liberty laws.—The personal liberty laws were statutes passed in the Northern States whose object was to defeat in some measure the national Fugitive Slave Law. Often their ostensible purpose was to protect the free negroes from kidnappers, and to this end they secured for the alleged fugitive the privilege of the writ of habeas corpus, and the trial by jury. Sometimes, however, they frankly avowed their aim as a deliberate attempt to interfere with the execution of the United States statutes. In the following examination of these laws, they will be considered first chronologically, and afterward more minutely according to their subject matter. In previous chapters we have noticed many instances wherein fugitives have been befriended by individuals, or by organizations like the Antislavery Societies or the Underground Railroad. But the action of the State governments in the personal liberty bills, from the time the Fugitive Slave Act of 1793 began to be executed to the outbreak of the Civil War, showed that the dissatisfaction of the North was fundamental, and was not confined merely to the few in the van of the Antislavery movement.

§ 78. Acts passed before the Prigg decision (1793-1842).—Although the so-called personal liberty laws were not passed until about 1840, Indiana256 and Connecticut257 had before that time provided that on appeal fugitives might have a trial by jury. The Connecticut law, in contrast to the hostile spirit of later legislation, was entitled, "An Act for the fulfilment of the obligation of this State imposed by the Constitution of the United States in regard to persons held to service or labor in one State escaping into another, and to secure the right of trial by jury in the cases herein mentioned." Notwithstanding this preamble, the law provided for fining State officials who might take part in fugitive slave cases.

The first definite personal liberty laws were passed by Vermont258 and New York,259 in 1840, and were entitled Acts "to extend the right of trial by jury." They not only insured jury trial, but also provided attorneys to defend fugitives. This was the only law of the kind New York ever passed, and proved of little value, since it soon fell into disuse, and was almost forgotten.

§ 79. Acts passed between the Prigg decision and the second Fugitive Slave Law (1842-1850).—After the Prigg decision in 1842, wherein it was declared that the law must be executed through national powers only, and that State authorities could not be forced into action,260 a new class of statutes sprang up. The State legislatures seized the opportunity afforded them by Judge Story's opinion, to forbid State officers from performing the duties required of them by the law of 1793, and prohibited the use of State jails in fugitive slave cases. Such laws were passed in Massachusetts,261 Vermont,262 Pennsylvania,263 and Rhode Island.264 In 1844, Connecticut repealed her act of 1838, as being then unconstitutional, but retained the portion forbidding State officers to participate in the execution of the law.

§ 80. Acts occasioned by the law of 1850 (1850-1860).—The provisions of the law of 1850 roused yet more opposition in the North, and before 1856 many of the States had passed personal liberty bills. The new national law avoided the employment of State officers. This change in the statute brought about a corresponding alteration in the State legislation, and we therefore find the acts of this period differing somewhat from those of earlier years. They almost invariably prohibited the use of State jails, they often forbade State judges and officers to issue writs or to give assistance to the claimant, and punished severely the seizure of a free person with the intent to reduce him to slavery.

Such acts were passed in Vermont,265 Connecticut,266 and Rhode Island,267 in Massachusetts,268 Michigan,269 and Maine.270 Later, laws were also enacted in Wisconsin,271 Kansas,272 Ohio,273 and Pennsylvania.274 Of the other Northern States, two only, New Jersey and California, gave any official sanction to the rendition of fugitives. In New Hampshire, New York, Indiana, Illinois, Iowa, and Minnesota, however, no full personal liberty laws were passed.275

§ 81. Massachusetts acts.—Let us now examine the purport of these acts in the various States. The general tenor and effect are best seen in Massachusetts, which may be selected as a typical State. In 1837, Massachusetts passed a law "to restore the trial by jury, on questions of personal freedom." This secured to the prisoner a writ of personal replevin, which was to be issued from and returnable to the Court of Common Pleas for the county in which the plaintiff was confined, and was to be issued fourteen days at least before the return day. If the prisoner were secreted, the court might send out a capias to take the body of the defendant. This act allowed an appeal to the Supreme Judicial Court.

In 1842, the Latimer case276 occurred. This so aroused public sentiment that a great petition, signed by sixty-five thousand people, was sent to the legislature, asking for a new personal liberty law. On the basis of the Prigg decision, a law was enacted which forbade State magistrates to issue certificates or take cognizance of the law of 1793, and withheld the use of State jails for the imprisonment of fugitives.277

In 1851, in the Shadrach case,278 there was opportunity for testing the value of this law. The fugitive was not indeed confined in any jail, but there was little difficulty in providing a place of detention, and the court-house was secured. In this year, acting upon a clause in the Governor's message, which treated of the new Fugitive Slave Law of 1850, a committee in the legislature made a report, accompanied by resolutions and a bill further to protect personal liberty; but no law was passed, and there the matter rested until 1855.279

After the Sims280 and Burns281 cases, in which the court-houses were again used in the place of jails, the heat of public indignation led to petitions to the legislature asking for a more stringent personal liberty law. A joint committee prepared a bill, which was passed, but was vetoed by Governor Gardner, who had been advised by the Attorney General that some of the clauses were unconstitutional. But so strong was the influence in its favor that it was passed over the veto by a two-thirds vote.282 The feeling that it was probably unconstitutional, however, must have strengthened in the next three years: for in 1858283 we find another act which amended the act of 1855. This limited some provisions, and repealed the following sections: the tenth, which required that any person who should give a certificate that a person claimed as a fugitive was a slave should forfeit any State office he might hold; the eleventh, which forbade any person acting as attorney for a claimant to appear as counsel or attorney in the State courts; the twelfth, which made a violation of the preceding section sufficient ground for the impeachment of any officer of the Commonwealth; the thirteenth, which forbade any United States officer empowered to give certificate or issue warrants from holding a State office; and the fourteenth, which made liable to removal any person holding a State judicial office who should also hold the office of Commissioner.

Review of the Acts by States.

§ 82. Review of the acts by States.—Of the other New England States, Maine had no personal liberty law until 1855.284 Two years after, however, in 1857,285 a portion of an act declaring free all slaves brought by their masters into that State was devoted to a provision "to punish any attempt to exercise authority over them."

In New Hampshire, one of the laws of 1857286 enacted that every person holding any person as a slave for any length of time, under any pretence, should be deemed guilty of felony; but provided that this should not apply to United States officers executing any legal process.

Vermont, by an act in 1840,287 extended to fugitives the right of trial by jury, but after three years this was repealed,288 only to be renewed in 1850.289

Connecticut, as has been noticed, had no personal liberty law. Rhode Island first passed such an act in 1848.290 This forbade State officers to take cognizance of fugitive slave cases, and the use of State jails. Another statute, in 1854,²⁹¹ extended these provisions so as to apply to the national law of 1850.

The act of 1840 was the only Personal Liberty Law of New York.292 Pennsylvania, some seven years later, forbade the use of jails, and punished State officers for participating in fugitive slave cases.293 It also enacted a regulation of the same character as late as 1860.

Ohio made but one provision on the subject, and that lasted but a year. Her jails were closed to suspected slaves in 1857,294 but in 1858 this law was repealed.295

Michigan passed such an act in 1855,296 with the usual clauses on the use of jails and jury trial, and imposed a fine on false testimony against the defendant.

In 1858 Wisconsin and Kansas also passed similar acts.297

§ 83. Effect of the personal liberty laws.—Since the avowed purpose of these laws was to obstruct the execution of one of the United States statutes, national and State legislation were thus brought into direct conflict; but the Fugitive Slave Law was held constitutional by the Supreme Court, and any attempt to prevent its enforcement by positive means, however righteous from an ethical standpoint, must be considered an infraction of the Constitution, and of the common understanding between the States, on which the Union was founded.298 The provisions denying the use of State institutions and officers, though distinctly unfriendly, were not unconstitutional. Many of the Abolitionists, however, held the national law to be unconstitutional, and at the same time morally so repugnant that it ought never to be executed.299 The State laws were brought up by South Carolina, in her declaration of the causes of secession, as one of the chief grievances against the North; and President Buchanan, in his Message of 1860,300 said they were "the most palpable violations of constitutional duty which had yet been committed." They must certainly be classed in principle with the Nullification Ordinance of 1832. Indeed, the legislature of Wisconsin, after the Supreme Court had overridden the decision of the State courts in the case of Ableman v. Booth that the national law was contrary to the national Constitution, passed some resolutions in which a "positive defiance is urged as the 'rightful remedy'" against such legislation.301

CHAPTER VI. THE END OF THE FUGITIVE SLAVE QUESTION (1860-1865).