Siding with justice if not the law

GERALD E. SHENK

In today’s parlance, Douglass, a runaway slave, was an “illegal immigrant” into the free states. Under Maryland law in the 1840s, Douglass was the private property of Thomas Auld. Not only was it illegal for him to run away, it was illegal for others to assist him.

Article IV, Section 2, of the U.S. Constitution required the authorities of any state to which Douglass traveled to arrest and return him to his owner, whether or not slavery was legal in that state.

By the 1850s, federal law required citizens of every state to assist in the capture and return of slaves. Thousands of average citizens knowingly faced arrest and imprisonment for violating this law. Some died for their refusal.

Today, every argument against “illegal immigrants” has its analog in the defense of slavery. Runaway, or freed, slaves created unfair competition for jobs; they were, by definition, criminals; they threatened social and cultural cohesion.

The only argument they and their allies had was justice.

The full article can be found here.

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