Fugitive Slave Act

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Summary-

The fugitive slave act was created due to a dispute between Pennsylvania and Virginia in

which a free african american named John Davis in Pennsylvania was kidnapped by three

Virginians and the Pennsylvanian mayor was unable to prosecute them. So the mayor

appealed to George Washington who after a brief interim handed it over to the congress.

Congress created a committee to write a bill which after four different iterations became

the fugitive slave act of 1793. Originally the bill was supposed to allow to bring both the

african american and the kidnappers into a hearing however by using a series of bloc’s

the slave owning south were able to change the contents of the bill to heavily

discriminate against the african american in question while keeping the kidnapper

relatively safe against legal action. In the end the three kidnappers using the protection of

the fugitive slave act were never brought to trial and John davis lost his freedom.

Critical thinking-

The author of “The Kidnapping of John Davis and the Adoption of the Fugitive Slave

Law of 1793” is Paul Finkelman, a well respected historian with over 150 scholarly

articles published. His work has been cited in five decisions by the United States

Supreme Court. Most recently Justice Ruth Bader Ginsburg quoted him in her unanimous

decision in Tims v. Indiana. He is now 70 and wrote the article in 1990 at the age of 40
and is currently the John E. Murray Visiting Professor at the University of Pittsburgh

School of Law. he has not spoken out as a democrat or republican perhaps to try and keep

his opinion as unbiased as posible. The article was published by the journal of southern

history, their mission statement reads “The Southern Historical Association was

organized on November 2, 1934 and charged with promoting an "investigative rather than

a memorial approach" to southern history. Its objectives are the promotion of interest and

research in southern history; the collection and preservation of the South's historical

records; the encouragement of state and local historical societies in the South; and the

support and promotion of history education at all levels throughout the region.” The

article while informative in some aspects left out details in the bill such as specific

wordings that could be used exploitatively. I think this was not a conscious choice but

rather oversimplification to broaden the audience of the article. As such I do not fault the

author or publisher in this.

Finkelman, Paul. “The Kidnapping of John Davis and the Adoption of the Fugitive Slave
Law of 1793.” The Journal of Southern History, vol. 56, no. 3, 1990, pp. 397–422.
JSTOR, www.jstor.org/stable/2210284. Accessed 15 Oct. 2020.

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