Fugitive Slave Act of 1850
The Fugitive Slave Law or Fugitive Slave Act was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern slaveholding interests and Northern Free-Soilers. This was one of the most controversial acts of the 1850 compromise and heightened Northern fears of a 'slave power conspiracy'. It declared that all runaway slaves be brought back to their masters.
Background
The Fugitive Slave Act of 1850 was a Federal law which was written with the intention of enforcing a section of the United States Constitution that required the return of runaway slaves. It sought to force the authorities in free states to return fugitive slaves to their masters. In practice, however, the law was rarely enforced because the northern states were against slavery.
Some Northern states passed "personal liberty laws", mandating a jury trial before alleged fugitive slaves could be moved. Otherwise, they feared free blacks could be kidnapped into slavery. Other states forbade the use of local jails or the assistance of state officials in the arrest or return of such fugitives. In some cases, juries simply refused to convict individuals who had been indicted under the Federal law. Moreover, locals in some areas actively fought attempts to seize fugitives and return them to the South.
The Missouri Supreme Court routinely held that voluntary transportation of slaves into free states, with the intent of residing there permanently or definitely, automatically made them free. The Fugitive Slave Law dealt with slaves who went into free states without their master's consent. The U.S. Supreme Court ruled, in Prigg v. Pennsylvania (1842), that states did not have to offer aid in the hunting or recapture of slaves, greatly weakening the law of 1793.
New law
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In the response to the weakening of the original fugitive slave act, the Fugitive Slave Law of 1850 made any Federal marshal or other official who did not arrest an alleged runaway slave liable to a fine of $1,000. Law-enforcement officials everywhere now had a duty to arrest anyone suspected of being a runaway slave on no more evidence than a claimant's sworn testimony of ownership. The suspected slave could not ask for a jury trial or testify on his or her own behalf. In addition, any person aiding a runaway slave by providing food or shelter was subject to six months' imprisonment and a $1,000 fine. Officers who captured a fugitive slave were entitled to a bonus for their work. Slave owners only needed to supply an affidavit to a Federal marshal to capture an escaped slave. Since any suspected slave was not eligible for a trial this led to many free blacks being conscripted into slavery as they had no rights in court and could not defend themselves against accusations. [1]
Effects
In fact the Fugitive Slave Law brought the issue home to anti-slavery citizens in the North, since it made them and their institutions responsible for enforcing slavery. Even moderate abolitionists were now faced with the immediate choice of defying what they believed an unjust law or breaking with their own consciences and beliefs. The case of Anthony Burns fell under this statute.
The Fugitive Slave Act brought a defiant response from abolitionists. Reverend Luther Lee, pastor of the Wesleyan Methodist Church of Syracuse, New York wrote in 1855:
I never would obey it. I had assisted thirty slaves to escape to Canada during the last month. If the authorities wanted anything of me, my residence was at 39 Onondaga Street. I would admit that and they could take me and lock me up in the Penitentiary on the hill; but if they did such a foolish thing as that I had friends enough on Onondaga County to level it to the ground before the next morning. The slaves could no longer take control over what they could never imagine.
In 1854, the Wisconsin Supreme Court declared the Fugitive Slave Act unconstitutional in a case involving Joshua Glover, and Sherman Booth.[2][3]
Other opponents, such as African American leader Harriet Tubman, simply treated the law as just another complication in their activities. The most important reaction was making the neighboring country of Canada the main destination of choice for runaway slaves.
With the outbreak of the American Civil War, General Benjamin Butler justified refusing to return runaway slaves in accordance to this law because the Union and the Confederacy were at war: the slaves could be confiscated and set free as contraband of war. The North also argued that the Fugitive Slave Act only applied to the Union; the South had broken away, so the law did not apply to the Confederacy.
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See also
Incidents involving fugitive slaves:
References
- Stanley W. Campbell, The Slave Catchers: Enforcement of the Fugitive Slave Law, 1850-1860 (1970)
- Don E. Fehrenbacher, The Slaveholding Republic : An Account of the United States Government's Relations to Slavery (2002)
- John Hope Franklin and Loren Schweninger, Runaway Slaves: Rebels on the Plantation (1999)
- "Fugitive Slave Law" (2008)
Notes
External links
- Complete text of the Fugitive Slave Law
- Compromise of 1850 and related resources at the Library of Congress
- "Slavery in Massachusetts" by Henry David Thoreau
- Runaway Slaves a Primary Source Adventure featuring fugitive slave advertisements from the 1850s, hosted by The Portal to Texas History'