| US Military Dictionary: Fugitive Slave Law |
A law enacted by Congress in 1793 to enable the return of runaway slaves to their owners. It allowed slave owners to retrieve a runaway in any state or territory and to apply to a judge for a custody certificate. Some Northerners opposed it as a violation of civil liberties, and slaveholders argued that its provisions were too ambiguous.
A second Fugitive Slave Law was passed as a measure of the Compromise of 1850.See the Introduction, Abbreviations and Pronunciation for further details.
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This measure was the most controversial part of the Compromise of 1850. It called for federal commissioners to be appointed and given authority to issue warrants, gather posses, and force citizens to help catch runaway slaves under penalty of a fine or imprisonment. Accused runaways were denied both a jury trial and the right to testify in their own behalf. They could be sent to the South on the basis of a supposed owner's affidavit. Also working against the accused's chances for freedom was the fee to be paid to the commissioners to decide each case: they received ten dollars for returning the fugitive to the claimant, five dollars if they freed the person.
The Fugitive Slave Law of 1850 served to inject the reality of slavery more forcefully into the everyday lives of many northerners. Abolitionists decried the cases of blacks, long free, who were torn from their families and forced into slavery. Mobs in several northern cities cowed federal commissioners into ruling in favor of accused fugitives or stopped slave owners and their agents from returning to the South with their human cargo. Some northern states passed new personal liberty laws designed to prevent state officials from enforcing the act. The Supreme Court upheld the law's constitutionality and, in the Wisconsin case of Ableman v. Booth, ruled that states had no right to circumvent or contradict a federal law.
See also Ableman v. Booth ; Slavery.
| Columbia Encyclopedia: fugitive slave laws |
| Wikipedia: Fugitive slave laws |
The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of slaves who escaped from one state into another or into a public territory.
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The Articles of Confederation of the New England Confederation of 1643 contained a clause that provided for the return of fugitive slaves. This seems to have been the only instance of an intercolonial provision for the return of fugitive slaves; there were frequent escapes by slaves from one colony to another, but it was not until after the growth of anti-slavery sentiment and the acquisition of western territory that some considered it necessary to adopt a uniform method for the return of fugitive slaves. These were found in the Ordinance of 1787, which in Article VI provided, "That any person escaping into the same (i.e. the Territory), from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid."
The same process of compromise between free and slave states continued when the Federal government was established. It was written in the Fugitive Slave Clause, Section 2, Clause 3, that, "No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."
There were two attempts at implementing a fugitive slave law in the Congress of the Confederation, both made as part of an effort to eliminate slavery and indentured servitude in new states. The attempt in 1785 failed, while the 1787 effort succeeded and became part of the Northwest Ordinance of 1787. The inclusion of the fugitive slave provision was an effort to reduce opposition to anti-slavery legislation by southern states.
The Ordinance of 1784 was drafted by a Congressional committee headed by Thomas Jefferson, and its provisions applied to all United States territory west of the original 13 states. The original version was read to Congress on 1 March 1784, and it contained a clause stating:[1]
This was removed prior to final enactment of the ordinance on 23 April 1784. However, the issue did not die there, and on 6 April 1785 Rufus King introduced a resolution to re-implement the slavery prohibition in the 1784 ordinance, containing a fugitive slave provision in the hope that this would reduce opposition to the objective of the resolution. The resolution contained the phrase:[2]
The unsuccessful resolution was the first attempt to include a fugitive slave provision in U.S. legislation.
King's phrasing would be incorporated in the Northwest Ordinance of 1787 (enacted 13 July 1787) as a part of the provision of that ordinance that prohibited slavery, becoming the first U.S. legislation with a provision applying to fugitive slaves. The clause stated:[3]
While the original 1784 ordinance applied to all U.S. territory that was not a part of any existing state (and thus, to all future states), the 1787 ordinance applied only to the Northwest Territory.
The first specific legislation on the subject was enacted on February 12, 1793, and like Article Four of the Constitution, it did not contain the word slave; by its provisions any Federal district or circuit judge or any state magistrate was authorized to decide finally and without a jury trial the status of an alleged fugitive.
The measure soon met with strong opposition in the Northern states and Personal Liberty Laws were passed to hamper officials in the execution of the law; Indiana in 1824 and Connecticut in 1828 provided jury trial for fugitives who appealed from an original decision against them. In 1840, New York and Vermont extended the right of trial by jury to fugitives and provided them with attorneys. As early as the first decade of the 19th century, individual dissatisfaction with the law of 1793 had taken the form of systematic assistance rendered to African Americans escaping from the South to Canada or New England: the so-called Underground Railroad.
The decision of the Supreme Court of the United States in the case of Prigg v. Pennsylvania in 1842 (16 Peters 539)—that state authorities could not be forced to act in fugitive slave cases, but that national authorities must carry out the national law—was followed by legislation in Massachusetts (1843), Vermont (1843), Pennsylvania (1847) and Rhode Island (1848), forbidding state officials from aiding in enforcing the law and refusing the use of state jails for fugitive slaves .
The demand from the South for more effective Federal legislation was voiced in the second fugitive slave law, drafted by Senator James Murray Mason of Virginia, grandson of George Mason, and enacted on September 18, 1850, as a part of the Compromise of 1850. Special commissioners were to have concurrent jurisdiction with the U.S. circuit and district courts and the inferior courts of territories in enforcing the law; fugitives could not testify in their own behalf; no trial by jury was provided.
Penalties were imposed upon marshals who refused to enforce the law or from whom a fugitive should escape, and upon individuals who aided black people to escape; the marshal might raise a posse comitatus; a fee of $10 was paid to the commissioner when his decision favored the claimant, only $5 when it favored the fugitive; and both the fact of the escape and the identity of the fugitive were determined on purely ex parte testimony. If a slave was brought in and returned to the master, the person who brought in the slave would receive a hefty sum of $10, today[when?] equivalent to a value of $257, per slave.
The severity of this measure led to gross abuses and defeated its purpose; the number of abolitionists increased, the operations of the Underground Railroad became more efficient, and new personal liberty laws were enacted in Vermont (1850), Connecticut (1854), Rhode Island (1854), Massachusetts (1855), Michigan (1855), Maine (1855 and 1857), Kansas (1858) and Wisconsin (1858). The personal liberty laws forbade justices and judges to take cognizance of claims, extended the Habeas corpus act and the privilege of jury trial to fugitives, and punished false testimony severely. In 1854, the Supreme Court of Wisconsin went so far as to declare the Fugitive Slave Law unconstitutional [4].
These state laws were one of the grievances that South Carolina would later use to justify their secession from the Union. Attempts to carry into effect the law of 1850 aroused much bitterness. The arrests of Sims and of Shadrach in Boston in 1851; of Jerry M. Henry, in Syracuse, New York, in the same year; of Anthony Burns in 1854, in Boston; and of the two Garner families in 1856, in Cincinnati, with other cases arising under the Fugitive Slave Law of 1850, probably had as much to do with bringing on the Civil War as did the controversy over slavery in the Territories.[citation needed]
With the beginning of the Civil War, the legal status of the slave was changed by his masters being in arms. Benjamin Franklin Butler, in May 1861, declared black slaves contraband of war. A confiscation bill was passed in August 1861 discharging from his service or labor any slave employed in aiding or promoting any insurrection against the government of the United States. By an act of July 17, 1862, any slave of a disloyal master who was in territory occupied by Northern troops was declared ipso facto free. But for some time the Fugitive Slave Law was considered still to hold in the case of fugitives from masters in the border states who were loyal to the Union government, and it was not until June 28, 1864 that the Act of 1850 was repealed.
This article incorporates text from the Encyclopædia Britannica, Eleventh Edition, a publication now in the public domain.
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 | US Military Dictionary. The Oxford Essential Dictionary of the U.S. Military. Copyright © 2001, 2002 by Oxford University Press, Inc. All rights reserved. Read more |
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| US History Companion. The Reader's Companion to American History, Eric Foner and John A. Garraty, Editors, published by Houghton Mifflin Company. All rights reserved. Read more |
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| Columbia Encyclopedia. The Columbia Electronic Encyclopedia, Sixth Edition Copyright © 2003, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/. Read more |
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