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Personal Liberty Laws in Antebellum Ohio, 1803-1857

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Personal Liberty Laws in Antebellum Ohio, 1803-1857 Radical Antislavery and Personal Liberty Laws In Antebellum Ohio, 1803-1857 By Hyun Hur A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy (History) at the UNIVERSITY OF WISCONSIN-MADISON 2012 Date of final oral examination: 05/16/12 The dissertation is approved by the following members of Final Oral Committee: Professor Stephen Kantrowitz, History Professor Colleen Dunlavy, History Professor John Sharpless, History Professor Nan Enstad, History Professor Susan Zaeske, Communication Arts © Copyright by Hyun Hur 2012 All Rights Reserved i Abstract This study examines Ohio abolitionists’ struggle to adopt personal liberty laws between 1803 and 1857. During the first three decades of the nineteenth century, despite powerful white supremacist forces, a significantly pro-freedom fugitive slave policy prevailed in Ohio. As militant abolitionism emerged in the early 1830s and radical abolitionists called on the state legislature to provide stronger legal protection for fugitive slaves and free blacks, however, anti- abolitionists sought to establish a strong proslavery fugitive slave policy in order to suppress radical abolitionism. In 1839, the Kentucky legislature’s demand for a more effective fugitive slave law acted as the catalyst for the Democratic-controlled Ohio legislature to pass a comprehensive fugitive slave law. The statute not only provided for strong state action in recapturing and removing fugitive slaves but also sought to neutralize abolitionists’ aid or rescue operations. The 1839 Fugitive Slave Law, born of an anti-abolitionist backlash, had the unintended consequence of inspiring intense antislavery agitation for its repeal in the early 1840s. Yet although the law was repealed in 1843, its repeal did not lead to the adoption of follow-up measures for the protection of blacks, fugitive and free, as was becoming common in other Northern states. From 1843 on, the struggle to adopt personal liberty laws defined antislavery politics in Ohio. Unlike the general trend across the North, in which Free Soil and Republican political antislavery focused on the restriction of slavery from the western territories, the slave- centered abolitionism of the personal liberty politics remained dominant in Ohio. Even when sectional conflicts escalated and Republican leaders stressed the necessity of political ii compromise and conciliation, Ohio radicals persisted in radical antislavery campaigns to repudiate the federal Fugitive Slave Law and adopt personal liberty laws. Anti-abolitionists’ hostility to abolitionism successfully combined with their fear of radicalism of personal liberty laws to frustrate their adoption in Ohio until 1857. Nevertheless, the development of the personal liberty politics pressed for the realignment of political forces, finally breaking down the walls of anti-abolitionism and leading to the passage of personal liberty laws in 1857. iii Acknowledgments The completion of this work was facilitated by many people. I hope that I can convey the extent of my debt and gratitude to them. Words cannot express the depth of my appreciation for the scholarly advice, personal encouragement, and support, offered by my teachers, colleagues, family members. First of all, I owe a deep debt of gratitude to my dissertation advisor, Prof. Stephen Kantrowitz. With endless kindness and patience, he guided and encouraged me to complete this work. With keen historical knowledge and insight, he offered me valuable advice to clarify and sharpen my ideas throughout the process. At every stage of development of this work, his careful reading of this dissertation and numerous helpful suggestions greatly improved the quality of it. Without doubt, his lofty standards prodded me to do better work. I want to thank my other committee members for their service, patience, and guidance: Pro. Colleen Dunlavy, Prof. John Sharpless, Prof. Nan Enstad, and Prof. Susan Zaeske. Especially, I would like to thank the late Prof. Jeanne Boydston. I still remember her insightful critique during my defense of dissertation proposal and her great expectation of productive work. I wish she were still here to read my dissertation. I am also grateful to Prof. Ji-Hyung Cho. The interest and idea for this work originated in his graduate seminars I took during my M.A course in Korea. I would also like to thank Prof. Se-Ho Son and Prof. Hong-Seok Yang, who have maintained unflagging confidence in me. Thanks are due as well to the Korean-American Educational Commission (Fulbright Scholarship Program). Its financial support was critical in my studying in the United States. iv My deepest appreciation goes to my family for their faith in me and my work. Without their support, I would not have completed my work. My special gratitude is given to my devoted wife, Ji-Sun, and my loving children, Jina, Ina, and Jooa. My wife has prayed for me all the time and shown great strength and support for my endeavor. My children have been a true source of encouragement and hope. I also want to express sincere appreciation to my mother-in-law, Bok- Ja Park, uncle, Hyun-Seok Kim, and his wife, Bok-Nam Park. Lastly, I want to dedicate this work to my parents, Song Hur and Se-In Oh. They have sacrificed lots of things for me, but have been patient and not lost their confidence in me. They also have inspired me throughout my life and have been very proud of me. Sadly, my mother was diagnosed with lung cancer during my work and, nevertheless, she has always been more concerned about me than herself. I would not forget her greatest love to me. v Contents Chapter Introduction Personal Liberty Laws, Epitome of Radical Abolitionism………………………1 One The Emergence and Decline of Personal Liberty Politics in Early Ohio………………..25 Two “Bill of Abominations”: The Ohio Fugitive Slave Law of 1839 and Retrogression of the State Fugitive Slave Policy…………………………………………………….…74 Three “Take your pound of flesh, but not one drop of blood”: The Repeal Movement, Source of Radical Antislavery Politics………………………………………………...117 Four “Freemen’s Declaration of Independence”: The Ohio Personal Liberty Laws of 1857……………………………………………..171 Epilogue Pursuit of Personal Liberty Laws and the Revolutionized Civil War……………..234 Bibliography……………………………………………………………………………………243 1 Introduction Personal Liberty Laws, Epitome of Radical Abolitionism The personal liberty laws were statutes passed by northern state legislatures, during the existence of the federal Fugitive Slave Laws of 1793 and 1850. The purpose of personal liberty laws was to provide adequate legal safeguards for the personal liberty of the alleged fugitive slaves (as well as free blacks), including the privilege of the writ of habeas corpus, trial by jury, and the right of appeal, which fugitive slave laws denied. At first, personal liberty laws originated from the humanitarian concern that the alleged fugitive slaves should be guaranteed those basic legal protections as a safeguard against false accusations. As militant abolitionism emerged and the sectional conflicts between the North and the South escalated, however, the nature of the personal liberty laws fundamentally changed. Increasingly, those laws sought to interfere with the execution of the federal Fugitive Slave Laws by frustrating the legal operations of slaveholders and their agents in the recapture and removal of fugitive slaves. In their most radical form, those laws questioned the exercise of common law or constitutional recaption rights of slaveholders, and effectively denied their property rights in slaves. In short, the personal liberty laws served as the most formidable antislavery weapon by which antislavery forces attacked the slavery interests in the North and the South and, ultimately, created a serious sense of insecurity and humiliation among slaveholders in the South. In addition to their importance as an antislavery weapon, the personal liberty laws were all the more significant because they were the products of state action demonstrating that Northern dissatisfaction and hostility were not merely confined to a few radical abolitionists. 2 This dissertation explores the emergence, transformation, resistance to, and implications of those laws through the case of Ohio. The overall intention of this study is to restore the importance of personal liberty laws in the evolution of antislavery politics of Ohio, which have been denied because of the longstanding assumption that the personal liberty laws of the North were marginal, unsuccessful, and moderate (or conservative). However, Ohio abolitionists’ antislavery struggle to repeal the state Fugitive Slave Law and adopt personal liberty laws remained dominant in the antislavery movement, intensifying the politics of personal liberty. In short, this study argues that personal liberty laws are keys to the full comprehension of the growth of the abolitionist movement and the radicalization of antislavery politics. By “the politics of personal liberty” or “personal liberty politics” I mean the social and political resistance to the exercise of common law or constitutional recaption rights of slaveholders and the antislavery struggle to assign strategic priority to the protection of the freedom of fugitive slaves and free blacks through the security of legal safeguard such as the right of trial by jury, the writ of habeas corpus , and the rights of testimony and appeal, or even through physical force. “Personal liberty politics” also therefore refers to campaign for personal liberty
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