certificate from
the justice where he found the slave, the apprehender could then take
the fugitive back to the owner and might collect ten shillings as a
reward and an additional shilling for each mile of travel necessary in
bringing the slave to the master. If the money should not be paid, the
person entitled to it could recover the sum in any court of record in
the State upon the production of his certificate of apprehension as
legal evidence.[319]
In many cases the runaway could not be identified as the property of
any particular owner, so provision was made for the commitment of the
offender to the county jail. The keeper was forthwith to post a
bulletin on the courthouse with a complete description of the Negro.
If at the end of two months no claimant appeared the sheriff was to
publish an advertisement in the _Lexington Gazette_ for three
consecutive months so that the news of capture would reach a larger
public. In the meantime the sheriff was authorized to hire out the
fugitive and the wages thus received were to pay for the reward of the
captor and the expenses incurred by the county officials. If the owner
appeared during the period and proved his property, he could have the
slave at once in spite of any labor contract, providing he would pay
any excess of expenses over wages received. But often the master never
appeared and if a year had expired since the last advertisement had
been published in the _Gazette_, the sheriff could sell the slave and
place the proceeds of the sale plus the wages received over the
expenses, in the county treasury. This sum was credited to the unknown
owner, for if he should appear at any future time the county would
reimburse him for his loss, otherwise the fund reverted to the
county.[320]
This legal code for the apprehension of runaway slaves remained
practically unchanged throughout the period of slavery. The only
amendments which were ever made were those for the increase of the
reward to the captor and it is significant that the first of these
changes did not come until more than a generation later in 1835. Then
the compensation was divided into three classes: for those captured in
their own county, $10; in another county, $20; out of the State,
$30.[321] Just three years later it was found necessary to increase
this by the following interesting law: "The compensation for
apprehending fugitive slaves taken without this commonwealth, and in a
State where slavery is not t
|