Fugitive Slaves Part 18

[Footnote 382: Cong. Globe, 38 Cong. 1 Sess., 1752.]

[Footnote 383: Cong. Globe, 38 Cong. 1 Sess., 3191; Appendix C, No. 83.]

[Footnote 384: Appendix C, No. 116.]

APPENDIX A.

COLONIAL LAWS RELATIVE TO FUGITIVES.

The precise text is quoted in each case. The figures in brackets [] refer to paragraphs in the text. The sign () indicates that the full text is to be found in the reference cited.

=1. New Netherlands:--Running away from Patroons. [-- 2].=

=1629, June 7.= Freedoms and exemptions. Granted by the West India Company to all Patroons, Masters or Private Persons who will plant Colonies in New Netherlands.--"XVIII. The Company promise the colonists of the Patroons.... XIX.--And any Colonist who shall leave the service of his Patroon and enter into the service of another, or shall, contrary to his contract, leave his service, we promise to do everything in our power to apprehend and deliver the same into the hands of his Patroon or attorney, that he may be proceeded against according to the customs of this country, as occasion may require."--_Laws and Ordinances of New Netherlands, 7._

=2. Ma.s.sachusetts:--Capture and protection of servants. [-- 4.]=

=1630-1641.= "Acts respecting Masters, Servants, and Labourers."--"Sec.

3. It is also ordered, that when any servants shall run from their masters, or any other inhabitants shall privily go away with suspicion of evil intentions, it shall be lawful for the next magistrate, or the constable and two of the chief inhabitants where no magistrate is, to press men and boats or pinnaces at the publick charge, to pursue such persons by sea and land, and bring them back by force of arms.... Sec.

6. It is ordered, and by this court declared; that if any servant shall flee from the tyranny and cruelty of his or her master to the house of any freeman of the same town, they shall be there protected and sustained till due order be taken for their relief; provided due notice thereof be speedily given to their master from whom they fled, and to the next magistrate or constable where the party so fled is harboured."--_Charters and General Laws of the Colony and Province of Ma.s.sachusetts Bay, 155._

=3. New Netherlands:--Runaway servants. [-- 6.]=

=1640, Aug. 7.= "Ordinance of the Director and Council of New Netherland, against Fugitives from Service, and providing for the proper drawing up of Legal Instruments." Pa.s.sed 9 August, 1640. "Whereas many Servants daily run away from their masters, whereby the latter are put to great inconvenience and expense; the Corn and Tobacco rot in the field and the whole Harvest is at a stand still, which tends to the serious injury of this country, to their Masters' ruin, and to bring the magistracy into contempt. We, therefore, command all farm and house Servants faithfully to serve out their time with their Masters according to their contracts and in no manner to run away, and if they have any thing against their masters, to come to Us and make application to be heard in due form of Law, on pain of being punished and of making good all losses and damages of their Masters and serving double the time they may lose.... We do, also, forbid all inhabitants of New Netherland to harbor or feed any of these Fugitive Servants under the penalty of Fifty guilders, for the benefit of the Informer; 1/3 for the new Church and 1/3 for the Fiscal." Dated as above.--_Laws and Ordinances of New Netherlands, 32._

=4. Maryland:--Runaway apprentices felons.=

=1642, March 26.= Act against Fugitives.--"It shall be felony in any apprentice Servant to depart away secretly from his or her Master or dame then being with intent to convey him or her Selfe away out of the Province. And on any other person that shall wittingly accompany such Servant in such unlawfull departure as aforesaid. And the offendors therein shall suffer paines of death, and after his due debts paid shall forfeit all his Lands, goods, & Chattels within the Province. Provided, that in Case his Lords.h.i.+p or his Leivt't-Generall shall at the request of the partie so condemned exchange such pains of death into Servitude, that then such exchange shall not exceed the term of Seaven years, and that the Master or dame of the parties so pardoned of death shall first be satisfied for the terme of such parties Service unexpired from the day of such unlawfull departure, and for double the time of his absence dureing his said departure."--_Archives of Maryland, a.s.sembly Proceedings, 124._

=5. New Netherlands:--Against harboring fugitive servants. [-- 6].=

=1642, April 13.= "We have interdicted and forbidden, as we do hereby most, expressly interdict and forbid, all our good inhabitants here, from this time henceforward, lodging any strangers in their houses, or furnis.h.i.+ng them more than one meal and harboring them more than one night without first notifying the Director," etc.--_Laws and Ordinances of New Netherlands, 32._

=6. Virginia:--Entertainment of fugitives. [-- 3].=

=1642-3, March.= Act XXI. "Whereas complaints are at every quarter court exhibited against divers persons who entertain and enter into covenants with runaway servants and freemen who have formerly hired themselves to others, to the great prejudice if not the utter undoeing of divers poor men, thereby also encouraging servants to runn from their masters and obscure themselves in some remote plantation. Upon consideration had for the future preventing of the like injurious and unjust dealings, _Be it enacted and confirmed_ that what person or persons soever shall entertain any person as hireling, or sharer, or upon any other conditions for one whole yeare, without certificate from the commander or any one commissioner of the place, that he or she is free from any ingagement of service. The person so hireing without such certificate as aforesaid, shall for every night that he or she entertaineth any servant, either as hireling or otherwise, fforfeit to the master or mistris of the said servant twenty pounds of tobacco. And for evrie freeman which he or she entertaineth (formerly hired by another) for a year as aforesaid, he or she shall forfeit to the party who had first hired him twenty pound of tobacco for every night deteyned. And for every freeman which he or she entertaineth (though he hath not formerly hired himselfe to another), without certificate as aforesaid, And in all these cases the party hired shall receive such censure and punishment as shall be thought fitt by the Governor and Counsell: Allways provided that if any such runnaway servants or hired freemen shall produce such a certificate, wherein it appears that they are freed from their former masters service, or from any such ingagement respectively, if afterwards it shall be proved that the said certificates are counterfeit then the retayner not to suffer according to the penalty of this act, But such punishment shall be inflicted upon the forger and procurer thereof as the Governor and Council shall think fitt."--_Statutes at Large.

Hening, Laws of Virginia, I. 253._

=7. Virginia:--Runaway servants. [-- 3.]=

=1642-3, March.= Act XXII. "_Be it therefore enacted and confirmed_ that all runaways that shall absent themselves from their said master's service shall be lyable to make satisfaction by service at the end of their tymes by indenture (vizt.) double the tyme of service soe neglected, and in some cases more if the commissioners for the place appointed shall find it requisite and convenient. And if such runaways shall be found to transgresse the second time or oftener (if it shall be duely proved against them), that then they shall be branded in the cheek with the letter R. and pa.s.se under the statute of incorrigible rogues."--_Statutes at Large. Hening, Laws of Virginia, I. 254._

=8. New England Confederation:--Articles of Confederation. [-- 8.]=

=1643, Aug. 29.= VIII. "It is also agreed that if any servant runn away from his master into any other of these confederated Jurisdiccons, That in such Case, vpon the Certyficate of one Magistrate in the Jurisdiccon out of which the said servant fled, or upon other due proofe, the said servant shalbe deliuered either to his Master or any other that pursues and brings such Certificate or proufe."--_Plymouth Colony Records, IX.

5._

=9. Connecticut:--Servants and apprentices.=

=1644, June 3.= "Whereas many stubborn, refrectary and discontented searuants and apprentices with drawe themselves from their masters searuices, to improue their tyme to their owne aduantage; for the preuenting whereof, It is Ordered, that whatsoeuer searuant or apprentice shall heareafter offend in that kynd, before their couenants or terme of searuice are expiered, shall searue their said Masters, as they shall be apprehended or retayned the treble terme, or threefold tyme of their absense in such kynd."--_Connecticut Records, I. 105._

=10. New Netherlands:--Entertainment of runaways.=

=1648, Oct. 6.= Ordinance of the Director and Council of New Netherland against Fugitives from Service. Pa.s.sed 6 October, 1648.--"The Director General and Council hereby notify and warn all persons against harboring or entertaining any one bound to service either to the Company or to any private individual here or elsewhere, and against lodging or boarding them at most longer than twenty-four hours, and if any one shall be found to have acted contrary hereto, he shall forfeit a fine of fl. 150, to be paid to whomsoever will make the complaint and it may appertain."--_Laws and Ordinances of New Netherlands, 104._

=11. Maryland:--Against fugitives.=

=1649.= _Archives of Maryland, a.s.sembly Proceedings, 249._

=12. Maryland:--Against fugitives.=

=1654, Oct.= _Archives of Maryland, a.s.sembly Proceedings, 348._

=13. Virginia:--Penalty for second offence.=

=1655-6, March.= "Act XI. _Be it enacted by this Grand a.s.sembly_ that if any runnaway servant offend the second time against the act in March, 1642, concerning runnaway servants, that he shall not onely be branded with the letter R., and pa.s.se under the statute for an incorrigible rogue, but also double his time of service so neglected, and soe likewise double the time that any time afterward he shall neglect, and in some cases more if the Commissioners think fitt: And be it further enacted by the authority aforesaid, that he or she that shall lodge or harbour any such runnaway shall not only pay 20 lb. of tobacco per night, but also 40 lb. of tobacco per day so long as they shall be proved to entertaine them, contrary to an act of a.s.sembly in March, 1642."--_Statutes at Large. Hening, Laws of Virginia, I. 401._

=14. New Netherlands:--Treaty with United Colonies. [-- 11.]=

=1656.= Resolution of the States General ratifying the treaty of Hartford, pa.s.sed February 22, 1656.--"Respecting Fugitives. It is agreed that the same method shall be observed between the United English Colonies and the Dutch nation in this country of New Netherland, agreeably to the eighth Article of the confederation between the United English Colonies in that case provided."--_Laws and Ordinances of New Netherlands, 216._

=15. City of Amsterdam:--Runaway colonists banished.=

=1656, December.= Articles and Ordinances revised and enacted by the Right Honorable the Lords Burgomasters of the City of Amsterdam, according to which shall be engaged and sworn all those who shall hereafter enter the service of the Lord's Burgomasters of the City of Amsterdam, for the purpose of going with their own, or chartered s.h.i.+ps to New Netherlands and the limits of the West India Company's Grant, etc. Pa.s.sed December, 1656.--"Whoever runs off to the French, English, or any other Christian or Indian neighbors by whatsoever name they may be called, shall, in addition to the forfeiture of all his monthly pay to the City, be banished forever from New Netherland as a perjured villain, and if he afterward come to fall into the hands of the City, he shall, without any consideration, be punished by death or otherwise, according to the exigency of the case."--_Laws and Ordinances of New Netherlands, 273._

=16. Virginia:--Entertainment of runaways.=

=1657-8, March.= Act XV. Concerning Hireing Servants. Thirty pounds of tobacco shall be paid for every night a servant or person without a certificate is entertained.--_Statutes at Large. Hening, Laws of Virginia, I. 439._