Fugitive Slave Act was a couple of federal legislations that allowed for the incarceration and return of runaway fugitives within the territory of the US. Initially, the Congress enacted the Fugitive Slave Act in 1793 that empowered the local governments to capture and return the slaves who have escaped from their owners and impose penalties to people who aided the escape of the slaves. The extensive resistance to the 1973 legislation later spurred the passage of the Fugitive Slave Law of 1850.The new law further complicated issues by imposing harsher punishments for the people who were interfering with the capture of the slaves. Besides, the new laws were the most controversial laws in the 19th Century. Many of the Northern states in the US passed special legislations in an attempt to circumvent the Slaves Acts. However, both legislations were formally repealed by the Congress Act of 1864 so as to enhance the emancipation of slaves.
According to Russel (2012), the statutes regarding the slaves existed in the US as early as 1643.The laws were later enacted in several of the original 13 colonies. For instance, New York passed the legislation in 1705 as a proactive measure to prevent runways fugitives from fleeing to Canada. On the other hand, Maryland and Virginia passed laws that offered rewards to people who helped in the capturing and returned of slaves who escape from their masters.
Although the Fugitive Slave Clause was included in the US constitution, the Northern states were greatly against the slavery through to the 1780s.Many politicians in the Northern states petitioned the Congress to abolish the Fugitive laws outrightly. Nonetheless, the northern states bowed from the pressure from the southern states politicians who argued that the issue of slaves was creating unnecessary conflict between the newly formed states. The two warring parties united a fact that saw the passage of the Fugitive Slave Act of 1793 by the United States Congress.
As noted by Lubet (2011) the new law was similar to the Fugitive Slaves Clause. However, the new Act had provisions on how the law will be applied. For instance, the Fugitive Act declared that the slave masters and their agents had a right to search for the slaves who escapes within the borders of the Free States. If the runway slave is captured, the law stipulated that the master had to take the slave to court and provide evidence that he owned the fugitive. If the court is satisfied with the proof provided, the master would be permitted to take custody of the fugitive and return to their home state. Also, the legislation imposed a 500 dollar fine on any individual found helping or harboring slaves who escape from the southern states.
The ratification of the Fugitive Slave Law of 1793 was met with a lot of criticism. The Northern legislators were against the idea of turning their free states into a stalking ground for the Southern bouncy slave hunters, and many likened the law to Kidnapping. Some abolitionists built complex networks that resisted the Fugitive Act by creating safe havens to aid the escaping of the slaves to the North. Furthermore, the Northern states refused to support the institution of slavery. The authorities in these Free States refused to enforce the laws and in turn enacted Personal Liberty legislations that protected the rights of the runways slaves.
The efforts to end Fugitive Slave Act in the US got a blow in 1842 when the Supreme Court in Pennsylvania in the Prigg v. Pennsylvania ruled for the Fugitive Slave law. The case involved Edward Prigg from Maryland who was charged with kidnapping after he captured a slave who had escaped a runaway slave. The Supreme Court in its ruling set the precedent that the Federal laws superseded any measure by the state that attempts to interfere with the implementation of the Fugitive Slave Act (Smith, 2013).
In contrast, the Supreme Court in Missouri was often held with the legislations of the neighboring states. For instance, those slaves who were transported voluntarily by their masters to the Free States with the intent of their owners residing in the Free State permanently gained freedom. The law only dealt with slaves who escaped to Free states without the consent of their masters.
Despite the decisions by the Supreme Court of challenging the legality of the Personal Liberty Laws, the Fugitive Act of 1793 remained unenforced in the Northern states. The southern states accused the North of interfering with the ownership of their properties which included slaves who worked on their farms. This is because thousands of the slaves escaped from the South via the Underground Railroad. The Congress was under pressure from the southern legislators to strengthen the Fugitive Slave laws. In 1850, the US Congress enacted a revised version of the Fugitive Slave Act in 1850
A study by Campbell (2012) indicates that the Northern states were forced to support the bill so as to prevent the calls for the Southern secession that were eminent. In the new law, the citizens of the Free States were tasked with the responsibility of assisting in the capture of the runaway fugitives. Also, the law denied the slaves the rights of a jury trial and instead increased the penalty for individuals who were found aiding the escape of the slaves to 1000 dollars with a six-month jail term. Furthermore, the law had provisions that increased the payments for the agents who returned the slaves to the owners. Russell argues that the new Fugitive Slave Act of 1850 was biased since it favored the southern slave owners at the expense of the human rights of the fugitives.
This law was so powerful to an extent that the masters only needed to provide an affidavit to the Marshal of the Federal government to have the escaped slave captured. Since the fugitives were not eligible for trial in the court, the legislation allowed for the kidnapping and the returning of the slaves to their masters. The new Fugitive Slave Act of 1850 denied slaves a right to defend themselves against the accusations of escaping from their masters.
However, the Fugitive Slave Act of 1850 was met with stronger criticism and resistance that before. States like Wisconsin and Vermont enacted new measures that were intended to nullify the new laws. On the other hand, abolitionists doubled their efforts in helping the runaway slaves. Many slaves were aided by the Northerners to escape to Canada via the underground rail in 1850 to avoid being incarcerated by the authority. Conversely, the antislavery campaigns were marred by riots and revolts. For example; the antislavery activists stormed into a Boston Court and forcibly liberated Shadrack Minkins, who was being apprehended for escaping from his master. Similar rescues were later on made in Wisconsin and New York.
Smith (2013) opines that the new Fugitive Slave Law caused a lot of problems to the antislavery crusaders in the North. The government used their network and institutions to enforce the slavery. Most of the activists were faced with an immediate choice of going against what they believed to be unjust legislation or break their beliefs and conscience to promote evils of the slavery.
The courts played a significant role in the nullification of the Fugitive Salve Law. In 1955, the Supreme Court in Wisconsin became the first state court to declare this law as unconstitutional. Therefore, in Ableman V. Booth case was overruled. Vermont also refused to abide by the law. Despite the efforts by John Floyd threatening that the nullification of the Fugitive Slave Act could catalyze the secession moves by the South, the antislavery campaigns even gain more momentum. On the other hand, Millard Fillmore, the US president threatened to use military action to enforce the Fugitive Slave Act in Vermont State
The widespread resistance to the Fugitive Act of 1850 rendered the law virtually unenforceable in many northern states.Lubert (2011) highlights that by 1860; only 330 slaves had been returned to their masters in the South. On the other hand, the Free Soil Congressmen and the Republican legislators often introduced resolutions and bills related to repealing of the Fugitive Slave Act. However, the amendments to the law persisted until the start of the civil war between 1861 to 1865.The Congress took a bold step on June 28, 1964, to repeal the Fugitive Slave Act. To date, the law does not exist and that all the rights of the Americans are protected by the law regardless of their origin.
Conclusion
The Fugitive Slavery Law was meant to perpetuate slavery so as to promote the interest of the Southern landlords who greatly relied on the slaves for free labor. However, the Southern states that were against the legislation played a critical role in the nullification of the law. The existence of the legislation provided a window for the Africans to fight for freedom a since the unjust provisions of the legislation caused revolts in the US that saw the amendment of the constitution.
References
Campbell, S.W. (2012). The Slave Catchers: Enforcement of the Fugitive Slave Law, 1850- 1860.New York: UNC Press Books.
Lubet, S. (2011). Fugitive Justice. Boston: Harvard University Press.
Smith, D.G. (2013). On the Edge of Freedom: The Fugitive Slave Issue in South Central Pennsylvania, 1820-1870: The Fugitive Slave Issue in South Central Pennsylvania, 1820- 1870.New York: Fordham University Press.
Russell, J. (2012). Fugitive Slave Act of 1850.New York: Book on Demand.
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