slaves remaining twelve months in the State, are kindly
restored to their former condition. In Maryland
a free negro who marries a white woman, thereby acquires
all the privileges of a slave—and generally,
throughout the slave region, including the District
of Columbia, every negro not known to be free, is
mercifully considered as a slave, and if his master
cannot be ascertained, he is thrown into a dungeon,
and there kept, till by a public sale a master can
be provided for him. But often the law grants
to colored men,
known to be free, all the advantages
of slavery. Thus, in Georgia, every
free
colored man coming into the State, and unable to pay
a fine of one hundred dollars, becomes a slave for
life; in Florida, insolvent debtors, if
black,
are SOLD for the benefit of their creditors; and in
the District of Columbia a free colored man, thrown
into jail on suspicion of being a slave and proving
his freedom, is required by law to be sold as a slave,
if too poor to pay his jail fees. Let it not be
supposed that these laws are all obsolete and inoperative.
They catch many a northern negro, who, in pursuit
of his own business, or on being decoyed by others
ventures to enter the slave region; and who, of course,
helps to augment the wealth of our southern brethren.
On the 6th of March, 1839, a report by a Committee
was made to the House of Representatives of the Massachusetts
Legislature, in which are given the
names of
seventeen free colored men who had been enslaved at
the south. It also states an instance in which
twenty-five colored citizens, belonging to Massachusetts,
were confined at one time in a southern jail, and
another instance in which 75 free colored persons
from different free States were confined, all preparatory
to their sale as slaves according to law.
The facts disclosed in this report induced the Massachusetts
Legislature to pass a resolution protesting against
the kidnapping laws of the slave States, “as
invading the sacred rights of citizens of this commonwealth,
as contrary to the Constitution of the United States,
and in utter derogation of that great principle of
the common law which presumes every person to be innocent
until proved to be guilty;” and ordered the
protest to be forwarded to the Governors of the several
States.
But it is not at the south alone that freemen may
be converted into slaves “according to law.”
The Act of Congress respecting the recovery of fugitive
slaves, affords most extraordinary facilities for
this process, through official corruption and individual
perjury. By this Act, the claimant is permitted
to select a justice of the peace, before whom
he may bring or send his alleged slave, and even to
prove his property by affidavit. Indeed,
in almost every State in the Union, a slaveholder
may recover at law a human being as his beast of burden
with far less ceremony than he could his pig from
the possession of his neighbor. In only three
States is a man, claimed as a slave, entitled to a
trial by jury. At the last session of the New
York Legislature a bill allowing a jury trial in such
cases was passed by the lower House, but rejected by
a democratic vote in the Senate, democracy
in that State, being avowedly only skin deep,
all its principles of liberty, equality, and human
rights depending on complexion.