The Underground Railroad
high spirited), his master had declined to sell him for the express
purpose of making an example of him--as a warning to the other slaves on
the place. William was as much opposed to being thus made use of as he
was to being flogged. His reflections and his stout heart enabled him to
endure five weeks of severe suffering while fleeing from oppression. Of
course, when he did succeed, the triumph was unspeakably joyous.
Doubtless, he had thought a great deal during this time, and being an
intelligent fugitive, he interested the Committee greatly.
The man that he escaped from was called William Elliott, a farmer,
living in Prince George's county, Md. William Elliott claimed the right
to flog and used it too. William, however, gave him the character of
being among the moderate slave-holders of that part of the country. This
was certainly a charitable view. William was of a chestnut color, well
made, and would have commanded, under the "hammer," a high price, if his
apparent intelligence had not damaged him. He left his father,
grand-mother, four sisters and two brothers, all living where he fled
from.
Charles Henry Brown. This "chattel" was owned by Dr. Richard Dorsey, of
Cambridge, Maryland. Up to twenty-seven years of age, he had experienced
and observed how slaves were treated in his neighborhood, and he made up
his mind that he was not in favor of the Institution in any form
whatever. Indeed he felt, that for a man to put his hand in his
neighbor's pocket and rob him, was nothing compared to the taking of a
man's hard earnings from year to year. Really Charles reasoned the case
so well, in his uncultured country phrases, that the Committee was
rather surprised, and admired his spirit in escaping. He was a man of
not quite medium size, with marked features of mind and character.
Oliver Purnell and Isaac Fidget arrived from Berlin, Md. Each had
different owners. Oliver stated that Mose Purnell had owned him, and
that he was a tolerably moderate kind of a slave-holder, although he was
occasionally subject to fractious turns. Oliver simply gave as his
reason for leaving in the manner that he did, that he wanted his "own
earnings." He felt that he had as good a right to the fruit of his labor
as anybody else. Despite all the pro-slavery teachings he had listened
to all his life, he was far from siding with the pro-slavery doctrines.
He was about twenty-six years of age, chestnut color, wide awake and a
man of promise; yet it was sadly obvious that he had been blighted and
cursed by slavery even in its mildest forms. He left his parents, two
brothers and three sisters all slaves in the hands of Purnell, the
master whom he deserted.
Isaac, his companion, was about thirty years of age, dark, and in
intellect about equal to the average passengers on the Underground Rail
Road. He had a very lively hope of finding his wife in freedom, she
having escaped the previous Spring; but of her whereabouts he was
ignorant, as he had had no tidings of her since her departure. A lady by
the name of Mrs. Fidget held the deed for Isaac. He spoke kindly of her,
as he thought she treated her slaves quite as well at least as the best
of slave-holders in his neighborhood. His view was a superficial one, it
meant only that they had not been beaten and starved half to death.
As the heroic adventures and sufferings of Slaves struggling for
freedom, shall be read by coming generations, were it not for
unquestioned statutes upholding Slavery in its dreadful heinousness,
people will hardly be able to believe that such atrocities were enacted
in the nineteenth century, under a highly enlightened, Christianized,
and civilized government. Having already copied a statute enacted by the
State of Virginia, as a sample of Southern State laws, it seems fitting
that the Fugitive Slave Bill, enacted by the Congress of the United
States, shall be also copied, in order to commemorate that most infamous
deed, by which, it may be seen, how great were the bulwarks of
oppression to be surmounted by all who sought to obtain freedom by
flight.
THE FUGITIVE SLAVE BILL OF 1850.
"AN ACT RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING FROM THE
SERVICE OF THEIR MASTERS."
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled:
That the persons who have been, or may hereafter be appointed
commissioners, in virtue of any Act of Congress, by the circuit
courts of the United States, and who, in consequence of such
appointment, are authorized to exercise the powers that any
justice of the peace or other magistrate of any of the United
States, may exercise in respect to offenders for any crime or
offence against the United States, by arresting, imprisoning, or
bailing the same under and by virtue of the thirty-third section
of the act of the twenty-fourth of September, seventeen hundred
and eighty-nine, entitled, "An act to establish the judicial
courts of the United States," shall be, and are hereby
authorized and required to exercise and discharge all the powers
and duties conferred by this act.
Sec. 2. And be it further enacted: That the superior court of
each organized territory of the United States, shall have the
same power to appoint commissioners to take acknowledgments of
bail and affidavit, and to take depositions of witnesses in
civil causes, which is now possessed by the circuit courts of
the United States, and all commissioners, who shall hereafter be
appointed for such purposes, by the superior court of any
organized territory of the United States, shall possess all the
powers, and exercise all the duties conferred by law, upon the
commissioners appointed by the circuit courts of the United
States for similar purposes, and shall, moreover, exercise and
discharge all the powers and duties conferred by this act.
SEC. 3. And be it further enacted: That the circuit courts of
the United States, and the superior courts of each organized
territory of the United States, shall, from time to time,
enlarge the number of Commissioners, with a view to afford
reasonable facilities to reclaim fugitives from labor, and to
the prompt discharge of the duties imposed by this act.
SEC. 4. And be it further enacted, that the commissioners above
named, shall have concurrent jurisdiction with the judges of the
circuit and district courts of the United States, in their
respective circuits and districts within the several States, and
the judges of the superior courts of the Territories severally
and collectively, in term time and vacation; and shall grant
certificates to such claimants, upon satisfactory proof being
made, with authority to take and remove such fugitives from
service or labor, under the restrictions herein contained, to
the State or territory from which such persons may have escaped
or fled.
SEC. 5. And be it further enacted: That it shall be the duty of
all marshals and deputy marshals, to obey and execute all
warrants and precepts issued under the provisions of this act,
when to them directed; and should any marshal or deputy marshal
refuse to receive such warrant or other process when tendered,
or to use all proper means diligently to execute the same, he
shall, on conviction thereof, be fined in the sum of one
thousand dollars to the use of such claimant, on the motion of
such claimant by the circuit or district court for the district
of such marshal; and after arrest of such fugitive by the
marshal, or his deputy, or whilst at any time in his custody,
under the provisions of this act, should such fugitive escape,
whether with or without the assent of such marshal or his
deputy, such marshal shall be liable, on his official bond, to
be prosecuted, for the benefit of such claimant, for the full
value of the service or labor of said fugitive in the State,
Territory or district whence he escaped; and the better to
enable the said commissioners, when thus appointed, to execute
their duties faithfully and efficiently, in conformity with the
requirements of the Constitution of the United States, and of
this act, they are hereby authorized and empowered, within their
counties respectively, to appoint in writing under their hands,
any one or more suitable persons, from time to time, to execute
all such warrants and other process as may be issued by them in
the lawful performance of their respective duties, with an
authority to such commissioners, or the persons to be appointed
by them, to execute process as aforesaid, to summon and call to
their aid the bystanders or posse comitatus, of the proper
county, when necessary to insure a faithful observance of the
clause of the Constitution referred to, in conformity with the
provisions of this act; and all good citizens are hereby
commanded to aid and assist in the prompt and efficient
execution of this law, whenever their services may be required,
as aforesaid, for that purpose; and said warrants shall run and
be executed by said officers anywhere in the State within which
they are issued.
SEC. 6. And be it further enacted, That when a person held to
service or labor in any State or Territory of the United States,
has heretofore, or shall hereafter escape into another State or
Territory of the United States, the person or persons to whom
such service or labor may be due, or his, her or their agent or
attorney, duly authorized, by power of attorney, in writing,
acknowledged and certified under the seal of some legal office
or court of the State or Territory, in which the same may be
executed, may pursue and reclaim such fugitive person, either by
procuring a warrant from some one of the courts, judges, or
commissioners aforesaid, of the proper circuit, district or
county, for the apprehension of such fugitive from service or
labor, or by seizing and arresting such fugitive, where the same
can be done without process, and by taking, or causing such
person to be taken, forthwith, before such court, judge or
commissioner, whose duty it shall be to hear and determine the
case of such claimant in a summary manner, and upon satisfactory
proof being made, by deposition or affidavit, in writing, to be
taken and certified by such court, judge or commissioner, or by
other satisfactory testimony, duly taken and certified by some
court, magistrate, justice of the peace, or other legal officer
authorized to administer an oath and take depositions under the
laws of the State or Territory from which such person owing
service or labor may have escaped, with a certificate of such
magistrate, or other authority, as aforesaid, with the seal of
the proper court or officer thereto attached, which seal shall
be sufficient to establish the competency of the proof, and with
proof also, by affidavit, of the identity of the person whose
service or labor is claimed to be due, as aforesaid, that the
person so arrested does in fact owe service or labor to the
person or persons claiming him or her, in the State or Territory
from which such fugitive may have escaped, as aforesaid, and
that said person escaped, to make out and deliver to such
claimant, his or her agent or attorney, a certificate setting
forth the substantial facts as to the service or labor due from
such fugitive to the claimant, and of his or her escape from the