Fugitive Slave Act
Fugitive Slave Act
Fugitive Slave Act
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
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.