Published: November 06, 2007 10:42 am      

New immigrant law a reminder of 1850 Fugitive Slave Act

EDMOND — The Fugitive Slave Act of 1850 made it a crime for a citizen to harbor a runaway slave or to offer any assistance to slaves who had run away from their masters. The act was part of the compromise of 1850, which preserved the balance of power in the U.S. Congress between the slave and free states. But it served to inflame passions in the Northern free states where many former slaves had found refuge and gave great impetus to the Abolitionist movement.

Many Northern clergymen had been offering assistance to runaway slaves through the underground railroad, and continued to do so after the law’s enactment.

The Rev. Luther Lee, a Methodist minister in Syracuse, N.Y., said of the Fugitive Slave Act: “I never will obey it. I had assisted 30 slaves to escape to Canada during the last month. If the authorities want anything of me, my residence is at 39 Onondaga Street.”

Many African Americans who lived in the North fled to Canada as a result of that law, since those who came north to capture runaway slaves had been known to kidnap free people of color in Northern states and claim they were slaves who had fled their Southern owners.

An analogy can be drawn between the Fugitive Slave Act and a recent enactment of the Oklahoma Legislature in the form of House Bill 1804. This law makes it a crime to harbor or transport illegal aliens in this state.

That law serves to criminalize the work done by a variety of clergymen and women throughout the state of Oklahoma who minister to the needs, both spiritual and temporal, of undocumented workers and their families. Many of them have indicated they will not cease their activities despite the law’s passage.

The Roman Catholic Archbishop Eusebius Beltran of Oklahoma City issued a statement that called the law “unjust,” and had delivered to the governor’s office a petition signed by thousands of people who objected to it. There have been numerous demonstrations in Oklahoma City and Tulsa against the law since it took effect last week.

Many Oklahoma attorneys who deal with immigration issues also have publicly condemned the measure, and have pointed out that many illegal aliens are married to U.S. citizens and have children who are citizens as a result of being born in this country. They believe some Oklahoma families will be broken up as a result of House Bill 1804.

The law further requires that after July 1, employers must ensure that all of the people they hire are legal residents by checking their status with a federal database. Critics contend the difficulties in keeping those records current and accurate will result in some legal aliens being unable to obtain employment in Oklahoma.

Even before the law took effect, thousands of Hispanics had left the state, and it has been said that many retail businesses in the south side of Oklahoma City are already feeling the effect of their departure. Employers in the hospitality and construction fields also may find it difficult to locate employees in the months ahead as a result of that exodus.

“Kennedy was an illusion, Johnson is the real face of America”, French President Charles De Gaulle said in a moment of pique. And it may be said that House Bill 1804 is an illusion, and the real face of Oklahoma is revealed in the actions of those citizens who have taken action to oppose it.



WILLIAM F. O’BRIEN is an Oklahoma City attorney.