Ohio History Journal

OHIO'S FUGITIVE SLAVE LAW

 

 

BY C. B. GALBREATH

 

Recently the writer received a request for informa-

tion on Ohio's Fugitive Slave Law. Our school his-

tories make clear what the national Fugitive Slave Law

was but they rarely give any account of the measures

adopted and enacted by certain northern states, designed

to accomplish the same purpose some years before the

enactment included in the Compromise of 1850 which

aroused a storm of opposition throughout the North.

It is the purpose of this brief introductory contribution

to place before the readers, of the QUARTERLY Ohio's

Fugitive Slave Law of 1839 and the steps leading up to

its enactment.

In the years from 1830 to 1840 public opinion in

Ohio was generally hostile toward slaves escaping into

the state and those seeking to encourage and aid fugi-

tives.  The "Underground Railroad" was unpopular

and in violation of national and state laws. Its activi-

ties were justified by its agents because, as they averred,

slavery and all laws for protecting and perpetuating

it were in violation of the "higher law" and the Declara-

tion of Independence, which vouchsafed "life, liberty

and the pursuit of happiness" to all mankind.

The efforts of the slave states to have the bordering

free states enact new restrictive laws for the return of

fugitive slaves demonstrates not only the effectiveness

of the methods of the "Underground Railroad" but the

(216)

• 1
 

Ohio's Fugitive Slave Law         217

cordial willingness of the State of Ohio to enact strin-

gent measures for the return of slaves escaping from

their masters.

The General Assembly of Kentucky passed resolu-

tions authorizing the appointment of commissioners to

wait upon the Governor and General Assembly of Ohio

in the interest of the enactment of a law to prevent the

escape of slaves into Ohio and provide for the return

of such fugitives to their masters. The preamble to

these resolutions and the purpose of the commissioners

are set forth in the documents appended to this state-

ment.

On January 17, 1839, in the House of Representa-

tives, Mr. Smith of Montgomery offered the following

resolution:

 

Resolved by the Senate and House of Representatives, That

a joint committee of three on the part of the house, and on the

part of the senate, be appointed to wait on the committee ap-

pointed by the Legislature of Kentucky who are visiting this

Legislature, on the subject of runaway slaves, and other pur-

poses, to ascertain their wishes and to communicate the same

to this Legislature at as early a day as practicable.

 

On January 21, 1839, on motion of Mr. John Brough,

later state auditor and governor of Ohio, the House

took up the resolution offered by Mr. Smith and after

slight amendment passed it.

The Senate later took up and further amended the

resolution which was returned to the House and con-

curred in January 22, 1839. The Speaker of the House

appointed on this joint committee Smith of Montgomery.

Andrews of Franklin and Flood of Licking to report

to the House.   The Speaker of the Senate appointed

• 2
 

218       Ohio Arch. and Hist. Society Publications

on this same committee Messrs. Walton, Green and

Tod.

On January 23, 1839, Mr. Walton reported to the

Senate as follows:

The joint select committee appointed to wait on the com-

missioners appointed by the commonwealth of Kentucky, have

attended to their duty and tendered to them the appropriate

civilities, and informed them that any communication they may

desire to make will be addressed to the governor and through

him communicated to the Legislature.

The House of Representatives hastened to accede to

the desires of the Kentucky commissioners. A bill was

introduced "relating to fugitives from labor or service

from other states," referred to a committee and reported

back. It was considered in committee of the whole on

February 7, reported to the House with amendments

and laid on the table. It was taken up on February 8,

and amendments were offered but not agreed to. On

the day following it was again taken up. A number

of amendments were offered and discussed but no

change affecting the character of the bill was made.

The bill was then finally passed.

Yeas -- Messrs. Andrews of Franklin, Andrews of Lorain,

Axtell, Blair, Branch, Brough, Brown, Buchanan, Burns, Camp,

Chambers, Comings, Corwin, Creighton, Donally, Elliott Ever-

hard, Flood, Forbes, Fowler, Gamble, Garrett, Goddard, Hanna,

Hegler, Hendricks, Hoagland, Hughes, Hunt, Jenkins, Johnson,

of Stark, Kilbourne, Kyle, Leedom, Lowe, Martin, McNary, Milli-

kin, Patterson of Highland, Rea, Ripley, Roller, Skinner, Smith of

Columbiana, Smith of Montgomery, Smucker, Trevitt, Van

Hook, Waddle, Welch of Sandusky, Welch of Stark, West,

Witten and Speaker.-- 54.

Nays -- Messrs. Briggs, Bronson, Casad, Chester, Codding,

Curtis, Fitch, Ford, Hamilton, Howe, Johnson of Cuyahoga,

Lloyd and Taylor -- 13.

• 3
 

Ohio's Fugitive Slave Law      219

It should be observed that Corwin was not the

famous Thomas Corwin but a brother, Moses B. Cor-

win who represented Champaign County. John Brough

represented Fairfield and Hocking Counties.  James

Kilbourne was the famous Colonel Kilbourne who

founded Worthington and a number of other towns in

the state. He also served in Congress.  Although he

voted for this bill he was on general principles opposed

to slavery and refused to purchase land in Ohio until

he was assured that it would be prohibited in the con-

stitution of the new state.

In the State Senate as in the House of Repre-

sentatives a number of amendments were offered to

the bill but none of importance was adopted.  Benja-

min F. Wade was then a member of the Senate and

proved himself a vigorous and resourceful opponent.

He offered a resolution providing for an inquiry to

determine whether or not the allegations in the com-

munication from  the Kentucky commissioners were

true and whether there was any occasion for the en-

actment of additional legislation.  This resolution, of

course, was voted down. In the Senate Journal, pages

372-374; 385-391; 393-394 will be found the amend-

ments that were offered and discussed in the closing

stages of the progress of the measure through that

body.  The bill passed the Senate February 21.

Yeas--Messrs. Allen, Bates, Brady, Craighill, Green, Harlan,

Holmes, Hostetter, Ihrig, James, Matthews, McLaughlin, Oliver,

Rogers, Smith, Shannon, Spangler, Saylor, Shideler, Stadden,

Thompson, Tod, Utter, Van Meter, Walton and Speaker.¹ -- 26.

Nays -- Messrs. Birch, Cox, Fuller, Morris, Powers, Stokely,

Thomas, Tracy, Wade and White. -- 10.

 

1 William Hawkins.

• 4
 

220      Ohio Arch. and Hist. Society Publications

Benjamin F. Wade had substantial aid in this con-

test from Samuel S. Cox who represented the Zanes-

ville senatorial district.  They were at this time ap-

parently in substantial agreement in regard to the ques-

tion of slavery, or at least in regard to the merits of

the bill under consideration, and their votes on the dif-

ferent stages through which it passed and the various

amendments submitted were almost invariably the

same. Afterward they drifted widely apart on politi-

cal issues.

John Brough in the House of Representatives and

David Tod in the Senate were very active in the ad-

vocacy of this bill and industrious in their efforts to aid

in its enactment.  At this time they were especially

hostile to the abolitionists and were prominent in read-

ing United States Senator Morris out of the Democratic

Party because of his open and vigorous opposition to

slavery. In their advocacy of the bill and their plans

for the retirement of Senator Morris they were en-

tirely successful. Twenty-two years later, when it came

to a choice between slavery and the Union, they became

distinguished supporters of Abraham Lincoln and sus-

tained his administration in the suppression of the re-

bellion and the overthrow of slavery.  Both crowned

their political careers as war governors of Ohio.

While the commissioners from Kentucky seem to

have remained some time in Columbus, in order to as-

sure the enactment of a satisfactory law for the re-

turn of fugitive slaves, and doubtless did some effective

"lobbying" in behalf of the measure, they apparently

did not become offensive to the Legislature or even a

minority of its members. Their communication to the

Governor is couched in courteous and inoffensive lan-

• 5
 

Ohio's Fugitive Slave Law       221

guage and their appeal was for co-operation and good

will "between neighboring states and their respective

citizens." It is to be noted, however, that this appeal

was in the interest of "the preservation of National

Union" and there is the veiled implication that a fail-

ure to enact an effective fugitive slave law on the part

of Ohio and other northern states might rend the Na-

tion asunder.  This danger doubtless at the time had

its patriotic appeal to a large majority of the people of

Ohio and Kentucky.

An examination of the law itself shows that it

was framed to bring about a better feeling between the

North and the South.  While it contains rigid provi-

sions for the return of fugitive slaves, Section 11 pro-

hibits, with heavy penalties, the kidnapping of free

negroes residing in Ohio.  On flimsy pretense such

persons had previously been abducted, hurried to the

South, deprived of their liberty and sold into slavery.

This section of the law made such an offense a misde-

meanor punishable by imprisonment in the penitentiary.

In spite of the requirements of this act and the penal-

ties imposed, fugitives from slavery continued to cross

the Ohio River and find friends to help them on their

way to Canada and freedom. Benjamin F. Wade and

the minority in both houses, who vainly opposed the en-

actment of this law, in less than two decades were in

the ascendancy. The minority became a majority in

Ohio and the slave power was doomed to overthrow.

• 6
 

222       Ohio Arch. and Hist. Society Publications

 

 

COMMUNICATION FROM THE GOVERNOR

 

Executive Office, Ohio,

Columbus, January 21, 1839.

To the General Assembly of the State of Ohio:

GENTLEMEN: I herewith transmit to you a copy of a pre-

amble and resolution, passed by the Legislature of Kentucky,

January 4, 1839, authorizing the appointment of two commis-

sioners, to proceed to this place to negotiate with the Governor

and Legislature of this State for the purpose of procuring such

aid, by legislative enactments or otherwise, as may be most

effectual in preventing evil disposed persons, residing within

the jurisdictional limits of Ohio, from enticing away the slaves

of citizens of Kentucky, or aiding and assisting, or concealing

them after they shall have reached the limits of this State; and

also to solicit the passage of an act providing more effective

and certain means for recapturing and bringing away abscond-

ing slaves by their masters or legally authorized agents.

The Hon. James T. Morehead and the Hon. J. Speed Smith

have this day presented to me their credentials, showing that

they have been duly appointed commissions [commissioners]

under the resolution above named. These distinguished gentle-

men are now in this city on the business of their mission, and

wait the action of your honorable body.²

WILSON SHANNON.

 

RESOLUTIONS

 

RESPECTING THE ENTICING AWAY THE SLAVES OF THE CITIZENS OF

KENTUCKY, BY THE CITIZENS OF OTHER STATES

WHEREAS, The preservation of the National Union is of

great and vital importance to the well being, prosperity and happi-

ness of the people of the United States; and nothing can tend

more to preserve and perpetuate that Union, than perfect comity

and good feeling between neighboring states and their respective

citizens; and whereas, experience has shown that without the

 

2 Ohio -- Documents of the Thirty-seventh General Assembly, Part 2 of

Vol. for 1838-9. [Doc. No. 84] p. 1.

• 7
 

Ohio's Fugitive Slave Law               223

concurring legislation of our sister states, bordering on the north

side of the Ohio river, our laws inflicting punishment for en-

ticing slaves to leave their lawful owners or possessors, and to

escape to parts without the limits of this State, and inflicting

punishment for aiding, assisting, or concealing such slaves after

they shall have escaped, cannot be effectually enforced, because

evil disposed persons, availing themselves of their residence

within the jurisdiction of another State, can with almost perfect

impunity, entice away the slaves of our citizens, or aid, assist

and conceal them, after they have reached the borders of another

State, without rendering themselves amenable to our laws; and

whereas, this legislature have full confidence in the justice, good

feeling and comity of the legislatures of our sister states, bor-

dering on the Ohio river, and are fully persuaded that they will

be disposed to provide all needful enactments, to prevent evil

disposed persons who may shelter themselves within their juris-

diction, from violating the penal enactments of this State, or

in any manner aiding or assisting the slaves of our citizens in

making their escape after they shall have reached the borders

of said State; therefore,

1. Be it resolved by the Senate and House of Representatives

of the commonwealth of Kentucky, That two commissioners be

appointed by a joint vote of the Senate and House of Rep-

resentatives, to proceed forthwith to the seat of government

of the State of Ohio, to make such representations to the Gov-

ernor and legislature of that State, in relation to the subject

of these resolutions, as may be authorized by the tenor thereof,

and by the instructions to be given by the Governor of this

commonwealth; and that they especially be directed respectfully

to solicit the passage of an act to prevent evil disposed per-

sons, residing within the jurisdictional limits of Ohio, from en-

ticing away the slaves of citizens of Kentucky, or aiding and

assisting, or concealing them after they shall have reached the

limits of that State, and also to solicit the passage of an act,

providing more efficient and certain means for recapturing and

bringing away absconding slaves, by their masters or legally

authorized agents.

2. Be it further resolved, That the Governor be requested

to furnish sa d commissioners with a copy of these resolutions,

and of our statute entitled "an act to amend the law concerning

slaves, and for other purposes," approved January 28th, eighteen

hundred and thirty, and with such general instructions as he

• 8
 

224       Ohio Arch. and Hist. Society Publications

 

may deem expedient; and also with a general letter of authority

addressed to the Governor of the State of Ohio.3

R. P. LETCHER,

Speaker of the House of Representatives.

C. A. WICKLIFFE,

Speaker of the Senate.

Approved -- January 4, 1839.

 

JAS. CLARK

 

By the Governor.

J. M. BULLOCK,

Secretary of State.

 

SPECIAL MESSAGE OF THE GOVERNOR

TRANSMITTING A COMMUNICATION FROM MESSRS. MORE-

HEAD AND SMITH, COMMISSIONERS FROM KENTUCKY

 

EXECUTIVE OFFICE, OHIO,

COLUMBUS, January 26, 1839.

To the General Assembly of Ohio:

GENTLEMEN: I herewith transmit to you, a communica-

tion from the Hon. James T. Morehead, and the Hon. J. Speed

Smith, commissioners appointed by the State of Kentucky, under

resolutions passed by the legislature of that State, January 4th,

1839; a copy of which has been heretofore transmitted to your

honorable body. Having but one copy of the communication, it

is sent to the Senate.

WILSON SHANNON.

 

COMMUNICATION

NATIONAL HOTEL,

COLUMBUS, January 26, 1839.

SIR: In conformity with a joint resolution of the General

Assembly of Ohio, of which we have been notified by a commit-

tee of the two houses, appointed for that purpose, we have the

honor to submit to your Excellency, and through you to both

 

3 Ohio--Documents of the Thirty-seventh General Assembly, Part 2

of Vol. for 1838-9 [Doc. No. 84] pp. 3-4.

• 9
 

Ohio's Fugitive Slave Law              225

 

branches of the General Assembly the following communica-

tion:

We avail ourselves of the occasion to assure your Excellency,

and the legislature and people of Ohio, of the deep solicitude

which is felt by the constituted authorities and people of Ken-

tucky, for the preservation of the most harmonious intercourse

between the two States, and that it was with the view of mani-

festing, in the most decisive manner, their high consideration

of the value and importance of that intercourse, that the under-

signed have been deputed to solicit in person from the legis-

lature of Ohio, the adoption of such measures as will contrib-

ute to the accomplishment of that object.

Independently of these assurances, if any thing were want-

ing to satisfy Ohio of the sincere desire of the people of Ken-

tucky, to cultivate and cherish the most cordial fraternal re-

lations with the citizens of her sister states, it will be found

in the language of the preamble of the resolutions which have

been communicated to your Excellency, and which fully an-

nounce the object of our commission. The General Assembly

of Kentucky therein declare, "that the preservation of the Na-

tional Union is of great and vital importance to the well being,

prosperity and happiness of the people of the United States;

that nothing can tend more to preserve and perpetuate that

union, than perfect comity and good feeling between neighboring

states and their respective citizens; that experience has shown,

that without the concurrent legislation of our sister states, bor-

dering on the north side of the river Ohio, the laws of Ken-

tucky inflicting punishment for enticing slaves to leave their

lawful owners and possessors, and escape to parts without the

limits of Kentucky, and for aiding, assisting or concealing such

slaves after they shall have escaped, cannot be effectually en-

forced, because evil disposed persons, availing themselves of

their residence within the jurisdiction of another State, can with

almost perfect impunity, entice away the slaves of our citizens,

or aid, assist or conceal them after they have reached the bor-

ders of another state without rendering themselves amenable

to our laws," and after expressing their "full confidence in the

justice, good feeling and comity of the legislatures of our sister

states, bordering on the Ohio river," and their full persuasion

that "they will be disposed to provide all needful enactments to

prevent evil disposed persons, who may shelter themselves within

their jurisdiction, from violating the penal enactments of the

State of Kentucky, or in any manner aiding or assisting the

slaves of our citizens in making their escape, after they shall

have reached the borders of said State," they proceed to de-

clare by resolution, "that commissioners be appointed to pro-

• 10
 

226        Ohio Arch. and Hist. Society Publications

 

ceed forthwith to the seat of government of the State of Ohio,

to make such representations to the Governor and legislature

of that State, in relation to the subject of the resolutions, as

may be authorized by the Governor of this Commonwealth; and

that they be especially directed respectfully to suggest the passage

of an act to prevent evil disposed persons, residing within the

jurisdictional limits of Ohio, from enticing away the slaves of

the citizens of Kentucky, or aiding, assisting or concealing them

after they shall have reached the borders of that State; and also

the passage of an act providing more efficient and certain means

for re-capturing and bringing away absconding slaves by their

masters or legally authorized agents."

In calling the attention of the legislature of Ohio, to the

subject of the foregoing resolution, and soliciting for it, their

respectful and deliberate consideration, the undersigned would

remark, that the injuries sustained by the citizens of Kentucky,

inhabiting the counties bordering on the Ohio river, adjacent to

this State, by the loss of their slaves, has ceased to be con-

fined to a small number of persons. Facts, within the personal

knowledge of the representatives of those counties, and com-

municated to the legislature in numerous memorials of the peo-

ple, leave no doubt that losses are felt to an alarming extent,

threatening, in the absence of a more efficient legislation, not

only to lessen the value, but to endanger, materially, the tenure

of that species of property in many of the counties of the Com-

monwealth, and to excite disaffection and disturbance among

citizens of a common confederacy who should feel themselves

allied by the strongest ties of fraternity and friendship.  Late

developments, moreover, of a character so conspicuous as to re-

quire from the undersigned no more than a bare allusion to

them, have attracted the attention of the good citizens, both

of Ohio and Kentucky, to the existence of an organized plan of

operations, by means of which, after the slaves of the citizens

of Kentucky are enticed from their owners, they are first con-

cealed and afterwards conveyed through the State of Ohio to

the British northwestern dominions, with such secrecy and de-

spatch as to elude, at once, detection and pursuit. Deeply im-

pressed with the delicacy of the subject, the General Assembly

of Kentucky have deemed that they could, in no stronger man-

ner, indicate their attachment and affection for her sister State,

whose citizens are in habits of daily intercourse, social and com-

mercial, with hers, than by approaching in a mode the most re-

spectful and conciliatory, the executive and legislative depart-

ments of the government of Ohio, and soliciting from the repre-

sentatives of her enlightened and intelligent people, the inter-

position of such laws as will effectually forestall collision, by

• 11
 

Ohio's Fugitive Slave Law             227

 

protecting those rights of property which are guaranteed to

the citizens of Kentucky by the constitution of the United States,

as well as their own. The General Assembly was the less re-

luctant to express its wishes on a subject so full of interest to

their constituents, because no doubt was entertained by them,

that the movement would be met, on the part of Ohio, in the

spirit of reciprocal conciliation, and with the same patriotic de-

termination to repress, by all constitutional means in her power,

every possible tendency to discord and excitement between the

citizens of the two States.  The undersigned are peculiarly

gratified to be able to add, in the emphatic language of the reso-

lution under which they act, that "the confidence of Kentucky,

is full, in the justice, good feeling and comity of Ohio;" and

that, although complaints may exist as to the conduct of par-

ticular individuals, no other opinion prevails among the people

of Kentucky, than that the great body of the citizens of Ohio,

regard with deep concern and strong disapprobation, every un-

authorized aggression upon the rights of property of a sister

State, however widely they may differ as to the propriety of the

institution by which those rights are acknowledged and secured.

The step which Kentucky has in this instance thought it most

expedient to adopt, is sanctioned by at least one distinguished

example of the legislative intercourse of other States, having

in view the object of adjusting, on terms of mutual satisfaction,

the identical relations between those States, which it is now the

desire of Kentucky to establish on a firm and friendly basis be-

tween Ohio and herself. At their session, in December, 1825,

the General Assembly of Maryland, passed a resolution, ap-

pointing three commissioners or deputies, to the legislatures of

the states of Pennsylvania, Delaware and New Jersey, "with

authority to negotiate with said legislatures, for the purpose of

procuring such aid, by legislative provisions, or otherwise, as may

be most effectual for the recovery of persons bound to, or

owing service or labor to citizens of Maryland, who have here-

tofore absconded, or who shall hereafter abscond" from the

latter State.

The contemporaneous legislation of these three states evinces

how cheerfully and how fully the requests of the State of Mary-

land were accorded to her; and the harmonious relations which

since that time have subsisted between them, is a sufficient com-

mentary on the policy of the laws.  The undersigned, would

very respectfully invite the attention of the legislature of Ohio,

to an outline of the provisions, which even at a period of com-

parative exemption from excitement on the question of slavery,

Pennsylvania, Delaware and New Jersey deemed it advisable

to adopt for the security of the rights of property of the citizens

• 12
 

228        Ohio Arch. and Hist. Society Publications

 

of a sister State.  The act of Congress of 1793, "respecting

fugitives from justice, and persons escaping from the service of

their masters," was then, as it is now, in force.  Its leading

provisions were nevertheless engrafted into those laws of the

states alluded to, which were enacted at the instance of Mary-

land; and additional facilities were furnished by them, under

the sanction of severe penalties, for the re-claiming of fugitives

from labor and service in other states. Each state provided

in the most ample manner, and in terms not materially unlike,

for their recovery and identification, even to the prescribing of

the form of the warrant that should issue for their arrest.

The acts of Pennsylvania and New Jersey inflicted heavy

penalties upon the officer who should refuse to execute the pro-

cess, and further provided, that "when the fugitive should be

brought before the judge agreeably to the provisions of the

act, and either party should make oath or affirmation in writing,

that he or she is not prepared for trial, by reason of the absence

of some material witness, whom he or she shall name, it shall

and may be lawful, unless security satisfactory to the said

judge be given for the appearance of the said fugitive on a day

certain to commit the said fugitive to the common jail for safe

keeping, there to be detained at the expense of the owner, for

such time as the said judge shall think reasonable and just, and

to a day certain; when the said fugitive shall be brought before

him by habeas corpus, in the court house of the proper county,

or in term time at the chambers of the said judge, for final hear-

ing and adjudication;" and bonds were required to be given

by the respective parties under the circumstances specified in the

acts.

The act of the legislature of Delaware imposed penalties of

five hundred dollars, and imprisonment for a period not less

than three, nor more than six months, besides subjecting to an

action for damages, those who should obstruct the sheriff, or

constable, or claimant, in the execution of the process of arrest,

or rescue, or aid, or abet the rescue of the fugitive, or who

should assemble together with intention to interrupt the officer

or claimant in the due execution of the law; and it was further

enacted, "that if any suspicious colored person shall be taken

up travelling in or through this government, without having

a sufficient pass, signed by some justice or proper officer of the

place from whence he or she came, approved and renewed by

some justice of the peace in the parts through which such per-

son hath travelled, or shall not otherwise be able to give a good

and satisfactory account of him or herself, to the justice before

whom he or she shall be brought, such person shall, by the said

justice be committed to the jail of the county where he or she

• 13
 

Ohio's Fugitive Slave Law             229

 

shall be taken up, and be deemed to be, and dealt withal, as a run-

away servant."

Such is a rapid sketch of some of the prominent features

of the legislation of Pennsylvania, Delaware and New Jersey,

twelve years ago;--and when those laws are considered in pari

materia with the act of Congress of 1793, which will presently

be more particularly adverted to, it will not be denied that the

redress which was sought by the legislature of Maryland was

sufficiently satisfactory.  The analysis is submitted, without

further comment, to the enlightened consideration of the General

Assembly of Ohio.

We now proceed to examine the facilities which are afforded

by the act of Congress, and by the laws of Ohio, for the re-

covery of fugitives from labor, from other States, and the capacity

of their respective provisions for the security and protection

of the rights of the citizens of Kentucky.

Preliminary to the proposed examination, the undersigned

may be permitted very respectfully to observe, without en-

croaching in any degree, upon a topic which is too delicate for

them to discuss, and which for other obvious reasons besides its

want of connection with the subject before them, they have

no inclination even remotely to touch, that broad and enlightened

views of national policy--strong considerations of regard to

the permanence of our political institutions,-- would seem to re-

quire the adoption of such remedial and preventive measures. as

in the del.berate judgments of the law-making powers of the

States, will be calculated to close up every avenue to discontent

between the governments, whose domestic institutions are dis-

similar, and to excitement among their respective citizens. Of

all the causes of danger which threaten our favored country,

those are the most appalling, which are deeply seated in the

feelings and prejudices of men; and which can neither be agitated

nor discussed, without bringing into desperate and fearful con-

flict, the conscientious scruples of one large portion of the con-

federacy, with the constitutional rights and interests of another.

Disputes among brethren, while they are, in general, the most

implacable after they have ripened into collision, are yet not

difficult of adjustment before that collision takes place; and

it would seem to the undersigned, to be the part of wisdom as

well as patriotism, to guard against the consequences of dis-

satisfaction, by obviating the causes that produce it.  Happily

for the repose and prosperity of both States, the relations be-

tween the governments of Kentucky and Ohio, are now as they

have ever been, such as should exist between kindred communi-

ties -- proud of their affinity and mutually solicitous to preserve

unbroken the ties that unite them as members of a common po-

• 14
 

230        Ohio Arch. and Hist. Society Publications

 

litical family. To strengthen those ties by habits of kindly inter-

course; by mutual offices of courtesy and respect, and above

all, by acts of substantial justice, is no less the interest than the

pleasure of both.   Such the undersigned are warranted in

asserting, are the views and wishes of the people of Kentucky;

and such they believe to be those of the Legislature, and people

of Ohio.

On the 12th February, 1793, the Congress of the United

States passed an act entitled, "an act respecting fugitives from

justice, and persons escaping from the service of their masters."

It was passed with the view of carrying into effect that pro-

vision of the constitution of the United States, which declares

that "no person held to service or labor in one State, under the

laws thereof, escaping into another, shall, in consequence of any

law or regulation therein, be discharged from such service or

labor, but shall be delivered up on claim of the party to whom

such service or labor may be due."   The ordinance of 1787,

for the government of the territory of the United States north-

west of the river Ohio, had declared, in substance, the same

thing; and the third and fourth sections of the act of Congress

of 1793, were intended to prescribe the mode by which persons

held to service and labor in one State, should be delivered up;

and the claim of the party to whom such service, or labor was

due, should, with adequate promptness and efficiency, be asserted

and sustained.  The third section of the act, empowers the

person to whom the service or labor of a fugitive shall be due

under the laws of one State, upon the escape of such fugitive

into any other of the United States, to arrest and take him or her

before any judge of the circuit or district courts of the United

States, residing or being within the State, or before any magis-

trate of a county, city or town corporate, wherein the arrest

shall be made, and upon satisfactory proof, either by oral testi-

mony or affidavit taken and certified by a magistrate of any such

State or territory, that the person so arrested does owe, under

the law of the State from which the fugitive escaped. labor

or service to the claimant, it is made the duty of the judge or

magistrate, to give a certificate thereof to such claimant, which

shall be a sufficient warrant for the removal of the fugitive to

the State from which he or she has fled.

The fourth section imposes a penalty of five hundred dol-

lars, to 'be recovered by, and for the benefit of the claimant,

upon "any person who shall knowingly and willingly obstruct

or hinder such claimant, his agent or attorney, in so seizing or

arresting such fugitive from labor, or shall rescue such fugitive

from such claimant, his agent or attorney, when so arrested pur-

suant to the authority herein given or declared; or shall harbor

• 15
 

Ohio's Fugitive Slave Law              231

 

or conceal such person after notice that he or she was a fugitive

from labor as aforesaid; saving to the person claiming such

labor or service, his right of action for or on account of such

injuries, or either of them."

Thus stood then, and stands now, the act of Congress of

1793. The most cursory examination of it will satisfy the

General Assembly of Ohio, that it furnishes no remedy for the

causes of complaint set forth in the preamble and resolutions of

the General Assembly of Kentucky.

I. It makes no provision for the punishment of the offense

of decoying or enticing the slave from the service of his owner,

by the thousand influences which may be brought to bear upon

the former. 2. It does not comprehend the case of furnishing

facilities of conveyance and the means of escape, after the

fugitive has set his foot upon the soil of Ohio, and becomes the

subject of her jurisdiction. And 3. Whatever room there may

be for a liberal construction, it overlooks in terms the provi-

sions which are contained in the statutes of Pennsylvania and

New Jersey, for detaining the fugitive a reasonable time in the

custody of the law, until the proof which the act requires of

ownership and identity can be procured by the claimant.  It

must be obvious to your Excellency and the legislature, that

such provisions as those are indispensable to the preservation

of the rights of the citizens of the States, to protect which the

law of Congress was passed, and of the peaceful intercourse of

the States, whose positions in proximity to each other, expose

their respective inhabitants to personal contact and collision.

Having shown the insufficiency of the act of Congress, to

prevent the invasion of the rights of the citizens of the slave-

holding states, and that it does not answer the purpose of certain

and efficient reclamation of fugitives from labor, as contemplated

by the constitution, the undersigned now ask the attention of

the General Assembly to the municipal regulations of Ohio upon

the same subject.

The legislation of the State of Ohio commenced as early

as 1804. "An act to regulate black and mulatto persons," passed

5th January of that year, is the first in the series of her en-

actments.  By the first section of that act it is declared, that

"no black or mulatto person shall be permitted to settle or re-

side in this State, unless he or she shall first produce a fair

certificate from some court within the United States of his or

her actual freedom."  The second section requires persons of

color residing in Ohio, to enter their names and the names of

their children in the clerks' office of the county in which they may

reside, to be recorded by the clerk, and makes the certificate of the

clerk evidence of their freedom. By the third section, "no person

• 16
 

232        Ohio Arch. and Hist. Society Publications

 

or persons, residents of this State, shall be permitted to hire,

or in any way employ, any black or mulatto person, unless such

black or mulatto person shall have one of the certificates as

aforesaid, under pain of forfeiting and paying any sum  not

less than ten nor more than fifty dollars, at the discretion of the

court, for every such offense, and one half thereof for the use

of the informer, and the other half for the use of State; and

shall moreover pay the owner, if any there be, of such black

or mulatto person, the sum of fifty cents for every day he, she

or they shall in any wise employ, harbor or secrete such black

or mulatto person, which sum or sums shall be recoverable be-

fore any court, having cognizance thereof."  The fourth sec-

tion imposes a penalty of not less than ten, nor more than

fifty dollars, at the discretion of the court, upon everyone who

shall harbor or secrete any black or mulatto persons, the prop-

erty of any person whatever, or shall in anywise hinder

or prevent the lawful owner or owners from retaking or pos-

sessing his or her black or mulatto servant or servants.  The

fifth section requires that the certificate specified in the first

section shall be recorded within two years, in the clerks' office

of the county in which the certificated person intends to reside,

and that the clerk shall certify the recording of it. The sixth

section, which was subsequently repealed and is not now  in

force, was w thout doubt designed to carry out the policy of

the act of Congress of 1793; "Any person or persons, his or their

agent or agents, claiming any black or mulatto person," who then

was or thereafter might be in this State, were thereby author-

ized, "to apply upon making satisfactory proof that such black

or mulatto person or persons is the property of him  or her

who applies, to any associate judge, or justice of the peace

within this State," and the associate judge or justice was "em-

powered and required, by his precept, to direct the sheriff or

constable to arrest such black or mulatto person or persons, and

deliver the same in the county or township where such officers

shall reside, to the claimant or claimants, or his or their agent

or agents, for which service the sheriff or constable shall re-

ceive such compensation as they are entitled to receive in other

cases, for similar services:" and the seventh section imposes

a penalty of one thousand dollars upon "any person or per-

sons who shall attempt to remove or shall remove from the

State, or who shall aid and assist in removing contrary to the

provisions of this act, any black or mulatto person or persons

without first proving, as hereinbefore directed, that he, she or they

is or are legally entitled so to do;" the penalty to be recovered

by action of debt, qui tam or indictment, and the person offend-

ing is made liable also to the action of the party aggrieved.

• 17
 

Ohio's Fugitive Slave Law              233

 

On the 25th January, 1807, an act was passed to amend the

preceding act.  Its principal provisions regulate the terms on

which persons of color "shall be permitted to emigrate into and

settle in this State:" and the third section attaches penalties for

the offense of harboring or concealing any such persons as shall,

contrary to the provisions of the first section, fail to give bond

and security for their good behavior, and moreover for the sup-

port of such emigrants, in case they shall be found in any town-

ship in the State, unable to support themselves.  The fifth and

last section repeals "so much of the act entitled an act to regu-

late black or mulatto persons, as is contrary to this act, together

with the sixth section thereof."

The preceding summary comprises, the undersigned believe,

the substance of the legislation of Ohio, relative to fugitives from

labor or service in other states.  The object in submitting it so

much in detail is to show at a single view, how inadequate is

the protection it affords to the interests of the slaveholding states.

It furnishes, as will be seen, no remedy at all for the injuries,

which the citizens of Kentucky have of late so extensively ex-

perienced at the hands of evil disposed persons in Ohio, who, to

adopt the language of the General Assembly of Kentucky, "avail-

ing themselves of their residence within the jurisdiction of another

state," "entice away the slaves of our citizens, or aid, assist or

conceal them after they have reached the borders of another

state, without rendering themselves amenable to our laws."  No

penalties are imposed either for the prevention or punishment

of that class of offenses, to which the undersigned are in-

structed in an especial manner, to solicit the attention of the

General Assembly of this State. The repeal of the sixth section

of the act of 1804, divested the statutory code of Ohio of any

efficient provisions in detail for the trial and reclamation of

fugitives from labor, and left the relations between Ohio and

her neighbors on that subject almost exclusively to the control

of the act of Congress of 1793. That act, the undersigned have

already observed, falls short of meeting the exigencies of the

present time.  It was passed at a period so recent after the

popular confirmation of that other great act of concession and

compromise, -- the constitution of the United States, --  and the

public mind, content with the adjustment which the wisdom of

our ancestors had fixed by the terms of that instrument, was

so little disturbed by the institutions of the states where slavery

was tolerated, that the framers of the law, did not in all prob-

ability, deem it necessary to adopt any other provisions than

those which the subsisting interests to be affected by their

interposition, seemed to require. If the Congress of the United

States could have anticipated other causes of interruption between

• 18
 

234        Ohio Arch. and Hist. Society Publications

 

the States, or other impediments, besides those for which it was

their purpose by the terms of the act of 1793, to provide a remedy,

to the secure and unmolested enjoyment of those rights of prop-

erty recognized, as well by the ordinance of 1787, as by the con-

stitution of the United States, no doubt, we apprehend, can

exist that that act would have gone the whole length, and

covered the whole ground of protection.  It remains for the

States themselves, animated by motives of lofty patriotism,

superior to all temporary influences, and regardful alone of

their high obligations to the whole Union, so to shape their

legislation as, by removing to an immeasurable distance, all pos-

sible causes of disaffection and discontent, to perpetuate the

harmony that now exists between them. In the pursuit and ad-

vancerent of that benign object, and in support of those great

principles on which the constitution and the Union rest, there

ought not to be--there will not--cannot be, but one party.

The attitude in which Ohio and Kentucky now stand, interesting

and responsible as it is, is nevertheless in many respects an en-

viable attitude.  And however the acknowledgment may touch

their feelings of State pride, the undersigned are constrained to

own, that the position of Ohio is the more enviable of the two.

She now has it in her power, by a single act of confirmation of

the conservative principles of the constitution, to establish a

precedent which, while it will be highly honorable to herself and

gratifying to Kentucky, will claim the acquiescence of her sister

States on a most important and delicate subject of national con-

cernment; a precedent which will convince the world, that how-

ever fierce and angry may be our conflicts with each other in the

field of political warfare, there is a common cause which brings

us all together -- levels the distinctions of party -- and sinks

every other into the proud character and title of American citizens

--THE CAUSE OF THE UNION AND THE CONSTITU-

TION.    That she will nobly acquit herself of the obligations

which that position imposes, Kentucky does not for a moment

hesitate to believe.

It remains for the undersigned in compliance with the in-

structions of the General Assembly of Kentucky, to suggest to

the General Assembly of Ohio, "the passage of an act to prevent

evil disposed persons, residing within the jurisdictional limits

of Ohio, from enticing away the slaves of citizens of Ken-

tucky, or aiding and assisting and concealing them after they

shall have reached the limits of that State, and to solicit also

the passage of an act providing more efficient and certain means

for re-capturing and bringing away absconding slaves by their

masters, or legally authorized agents."

The undersigned avail themselves of this opportunity to ex-

• 19
 

Ohio's Fugitive Slave Law             235

 

press their high consideration and respect for the General As-

sembly of Ohio, together with their profound acknowledgments

for the kindness and courtesy of their reception as commissioners

from Kentucky;

And have the honor to be,

With sentiments of the highest regard,

Your Excellency's obedient servants.

JAMES T. MOREHEAD,

JOHN SPEED SMITH.

To His Excellency Wilson Shannon.

 

"OHIO'S FUGITIVE SLAVE LAW"

An act relating to fugitives from   labor or service from

other states.

WHEREAS, The second section of the fourth article of the corn

stitution of the United States declares, that "no person held

to service or labor in one state, under the laws thereof, escaping

into another, shall, in consequence of any law or regulation

therein. be discharged from such service or labor, but shall be

delivered upon claim of the party whom. such service or labor

may be due:" And, whereas, the laws now in force within the

State of Ohio are wholly inadequate to the protection pledged

by this provision of the constitution to the southern states of this

Union; And, whereas, it is the duty of those who reap the largest

measure of benefits conferred by the constitution, to recognize,

to their full extent, the obligations which that instrument im-

poses: And, whereas, it is the deliberate conviction of this gen-

eral assembly, that the constitution can only be sustained as it

was framed, by a spirit of just compromise: therefore,

Sect. I. Be it enacted by the General Assembly of the State

of Ohio, That when any person held to labor or service in any

of the United States, under the laws thereof, shall escape into

this state, the person to whom such labor or service is due, his

or her agent or attorney, is hereby authorized to apply to any

judge of any court of record in this state, or to any justice of

the peace, or to the mayor of any city or town corporate, who,

on such application, (supported by the oath or affirmation of

such claimant, his or her agent or attorney, that said fugitive

has escaped from his or her service, or from the service of the

person for whom he is agent or attorney, and which oath or af-

firmation shall be reduced to writing, and shall specify the name

and place of residence of the person to whom such labor or

• 20
 

236       Ohio Arch. and Hist. Society Publications

 

service is due, and also the name and supposed age of such

fugitive, with a pertinent description of his or her person,)

shall issue his warrant, under his hand and seal, and directed to

the sheriff or constable of any county in this state, authorizing

and directing said sheriff or constable to seize and arrest the

said fugitive, who shall be named in the said warrant; and in

case the said fugitive shall be arrested in the county in which

said warrant may be issued, to bring him or her before some

judge of a court of record of this state residing within such

county, or in case the said fugitive shall be arrested in any other

county than the county in which the warrant may be issued,

then to take him or her before some judge of a court of record

in this state, residing in the county in which such arrest is made:

provided, however, that no such warrant shall be returned before

any officer residing out of the county in which the same may have

been issued, unless the official character of the judge or justice,

issuing the same, shall be duly authenticated by the seal and

certificate of the clerk of the supreme court or court of com-

mon pleas; and if issued by a mayor of any city or town cor-

porate, the official character of said mayor shall be duly authenti-

cated under the seal of said city or town corporate; which said

warrant shall be in the form and to the effect following, that

is to say:

The State of Ohio, -------------- county, SS.

To any sheriff or constable of the State of Ohio, greeting:

This is to authorize and require you to seize and arrest the

body of------------- sworn (or affirmed) to be the slave

(or servant, (as the case may be,) of -------- of the state

of --------------; and in case such arrest be made in this

county, to bring such person so arrested forthwith before some

judge of a court of record of this state residing within this

county; or in case such arrest be made in any other county in

this state, then to take said person so arrested before some judge

of a court of record of this state, residing within the county

in which such arrest may be made, to be dealt with as the law

directs.

To which warrant shall be annexed a copy of the oath or

affirmation hereinbefore specified; by virtue of which warrant

the said fugitive named therein shall be arrested by the officer to

whom it is directed, in any county of this state: provided, that

no such arrest shall be made by any sheriff or constable of this

state without the limits of his own proper county.

Sect. II. The said person so claimed as a fugitive, when

so arrested, shall be brought before the officer as directed in the

first section of this act; and the said claimant, his or her

• 21
 

Ohio's Fugitive Slave Law              237

 

agent or attorney, having first given security for the costs, and

having proved to the satisfaction of such officer, that the person

so seized and arrested doth under the laws of the state from

which he or she fled, owe service or labor to the person claim-

ing him or her, it shall be the duty of such judge to give a certi-

ficate thereof to such claimant, his or her agent or attorney,

which shall be sufficient authority for removing the said fugitive

to the state from which he or she fled; but no such certificate shall

be deemed a sufficient authority for the removal of such fugi-

tive, under the provisions of this act, unless the official character

of the officer giving his name, be duly authenticated according

to the provisions of this act, in relation to the issuing of war-

rants.

Sect. III. If any person or persons shall knowingly and wil-

fully prevent such sheriff or constable from arresting such

fugitive from labor or service as aforesaid, or shall knowingly

and wilfully obstruct or hinder such sheriff or constable in

making such arrest; or shall knowingly and wilfully hinder or

obstruct any claimant, his or her agent or attorney, having the

certificate provided for in the second section of this act, in

the removal of such fugitive to the state from which he or

she fled; or shall rescue, or aid and abet in the rescue of such

fugitive from such sheriff, constable, claimant, agent or attorney;

or if two or more persons shall assemble together with intent

to obstruct, hinder or interrupt such sheriff or constable in ar-

resting such fugitive, or with intent to obstruct, hinder or inter-

rupt such claimant, agent or attorney having the certificate afore-

said, in the removal of such fugitive to the state from which he

or she fled, and shall make any movement or preparation therefor,

every person so offending shall, upon conviction thereof, by in-

dictment. be fined in any' sum not exceeding five hundred dollars,

or be imprisoned in the jail of the county not exceeding sixty

days, at the discretion of the court; and shall moreover be liable

in an action at the suit of the person claiming such labor or

service.

Sect. IV. That when said fugitive shall be brought before the

judge, agreeably to the provisions of this act, on the return of

the warrant, if the claimant, his or her agent or attorney, shall

not be prepared for trial, and shall make oath or affirmation that

he or she does verily believe that the person so arrested is a

fugitive from labor or service in another state, and that if al-

lowed time, he or she will be able to produce satisfactory evidence

that the person so arrested does owe such labor or service, it

shall he the duty of such judge to postpone the trial to such time

as he may deem reasonable, not exceeding sixty days; and in

case of such postponement, it shall and may be lawful for said

• 22
 

238        Ohio Arch. and Hist. Society Publications

 

judge, (unless the person so arrested shall enter into bond, with

one or more sufficient securities, to be approved of by such

judge, in the penal sum of one thousand dollars to the person

claiming the person so arrested as aforesaid, conditioned for his

or her appearance on the day to which the trial shall be post-

poned, and that he or she will then and there abide the decision

of the judge who shall try the case,) to commit the party ar-

rested to the jail of the county where the trial is pending, there

to be detained at the expense of the claimant, his agent or at-

torney, until the day set for trial by said judge. And in case

the party arrested shall be committed to the jail of the county,

the claimant, his or her agent or attorney, shall pay down to

said judge, for the use of the person entitled thereto, the amount

of the jail fees and the sheriff's fees for keeping and providing

for such person, during the period that he or she shall be im-

prisoned as aforesaid.  And the said judge shall, in like man-

ner, give time, not exceeding sixty days, for the production

of evidence on behalf of the party arrested, if he or she shall file

an affidavit that he or she does not owe labor or service to the

claimant, and that affiant verily believes that he or she will be

able to produce evidence to that effect: provided, that the person

so arrested shall give bond and security as aforesaid, in the

penalty of one thousand dollars, and conditioned for his or her

personal appearance at the time and place of trial, and that he or

she will abide the decision of the judge who shall try the case;

and on failure to give such bond and security, the party arrested

shall be committed to the jail of the county, there to be de-

tained until the time fixed for trial as aforesaid.  And on the

day appointed for the trial, such fugitive, if committed to jail,

shall be brought before said judge, or in case of his absence,

sickness, or inability to attend, before some other judge of a court

of record of this state residing within such county, by the writ-

ten order of such judge, directed to the sheriff or jailer of the

proper county, for final hearing and adjudication; and in case

there shall be a breach of the condition of either of said bonds,

the claimant shall have a right of action thereon, and recover as

in other cases; and on said trial, either party shall be entitled

to be heard by counsel, and shall have compulsory process to

compel the attendance of witnesses.

Sect. V. It shall be the duty of the said judge, at the time

to which the case is postponed as aforesaid, to proceed to hear

the parties, and if it shall be proven to his satisfaction that

the party arrested does owe labor or service to the claimant,

he shall give such claimant, his or her agent or attorney, a certi-

ficate of that fact, which shall be a sufficient authority for such

claimant, his or her agent or attorney to remove such fugitive

• 23
 

Ohio's Fugitive Slave Law              239

 

from the state: but no such certificate shall be deemed a suffi-

cient authority for the removal of such fugitive, unless the

official character of the officer giving the same be duly authenti-

cated, according to the provisions of this act in relation to the

issuing of warrants.  And if the party thus arrested shall not

appear, according to the conditions of his or her bond, it shall

be the duty of said judge to deliver the same to the claimant,

his or her agent or attorney, to enable him or her to bring suit

thereon.

Sect. VI. If any person or persons in this state shall counsel,

advise, or entice any other person, who, by the laws of any other

state, shall owe labor or service to any other person or per-

sons, to leave, abandon, abscond or escape from the person or

persons to whom such labor or service, according to the laws of

such other state, is or may be due, or shall furnish money or

conveyance of any kind, or any other facility, with intent and for

the purpose of enabling such person, owing labor or service as

aforesaid, to escape from or elude the claimant of such person,

owing labor or service as aforesaid, knowing such person or

persons to owe labor or service as aforesaid, every person so

offending shall, upon conviction thereof by indictment, be fined

in any sum not exceeding five hundred dollars, or be imprisoned

in the jail of the county not exceeding sixty days, at the dis-

cretion of the court; and shall moreover be liable in an action

at the suit of the party injured.

Sect. VII. If any person or persons shall falsely, fraudulently,

and without proper authority, give to any other person, who, by

the laws of any other state, shall owe labor or service to any

person or persons, any certificate or other testimonial of emanci-

pation, with the intent to defraud the person or persons to whom

such labor or service may be due, knowing such person to owe

labor or service as aforesaid; or shall harbor or conceal any

such person owing labor or service as aforesaid, who may come

into this state without the consent of the person or persons to

whom such labor or service may be due, knowing such person to

owe labor or service as aforesaid, every person so offending shall,

upon conviction thereof by indictment, be fined in any sum not

exceeding five hundred dollars, or be imprisoned in the jail of

the county not exceeding sixty days, at the discretion of the

court; and shall moreover be liable in an action at the suit of

the party injured.

Sect. VIII. Any sheriff, or constable, who shall execute

any process directed and delivered to him under the provisions

of this act, or any clerk of a court, or mayor, who shall authenti-

cate any certificate or warrant under the provisions of this act,

• 24
 

240        Ohio Arch. and Hist. Society Publications

 

shall receive the same fees as are now   allowed by law for

similar services in other cases.

Sect. IX. It shall be the duty of all officers proceeding under

this act, to recognize, without proof, the existence of slavery or

involuntary servitude, in the several states of this union, in which

the same may exist or be recognized by law.

Sect. X. If any person, in any deposition or affidavit, or

other oath or affirmation, taken pursuant to the provisions of

this act, shall wilfully and corruptly depose, affirm, or declare any

matter to be fact, knowing the same to be false; or shall, in

like manner, deny any matter to be fact, knowing the same to be

true, every person so offending shall be deemed guilty of per-

jury, and, upon conviction thereof, shall be imprisoned in the

penitentiary, and kept at hard labor not more than seven, nor

less than three years.

Sect. XI. If any person or persons shall in any manner at-

tempt to carry out of this state, or knowingly be aiding in carry-

ing out of this state, any person, without first obtaining suffi-

cient legal authority for so doing, according to the laws of this

state or of the United States, every person so offending shall

be deemed guilty of a misdemeanor, and upon conviction thereof

shall be imprisoned in the penitentiary, and kept at hard labor,

not less than three, nor more more than seven years.

Sect. XII. That the fourth section of an act to regulate black

and mulatto persons, passed January 5, 1804, and so much of

the second section of the act to prevent kidnapping. passed Feb-

ruary 15, 1831, as is inconsistent with the provisions of this act,

be and the same is hereby repealed.

Sect. XIII. That a trial and judgment under the act of

congress, entitled "an act respecting fugitives from justice, and

persons escaping from the service of their masters," approved

February 12, 1793, or a trial and judgment under the provisions

of this act, shall be adjudged a final bar to any subsequent pro-

ceeding against such fugitive under the provisions of this act.

Sect. XIV. This act to take effect from and after the first

day of May next.

Passed February 26, 1839. Took effect May I, 1839.

• 25