Fugitive Slave Act

A personally-written summary of the Fugitive Slave Act, based on a variety of sources:

Following the Mexican-American War (1846-1848), a series of bills, including the Fugitive Slave Act of 1850, was developed that was intended to settle many of the difficulties presented by slavery and the surrounding controversial issues. Various states received financial support and political support, based on their position on slavery. Slavery was an issue that was highly controversial and divided the nation into two highly opposed sides, generally separated as ‘North’ and ‘South.’

On September 18, 1850, the United States passed the Fugitive Slave Act (also known as the Compromise of 1850 and the Fugitive Slave Law). Highly controversial for its time, the Fugitive Slave Act declared that any runaway slaves that had escaped their masters and were living free in the North should be returned at once to their masters.

Over half a century earlier, in 1793, a previous Fugitive Slave Act also mandated the return of any slave runaways. However, at that time, several Northern states began requiring a trial prior to the return of any alleged fugitive slaves. Ultimately, many of the Northern states did not necessarily comply with this act, as they were creating laws to ensure the personal liberties of all citizens, in an effort to prevent any free blacks from being kidnapped and inadvertently sent into slavery in the South. During these mandated trials, Northern juries were unlikely to rule in favor of the Fugitive Slave Act, instead protecting any slaves that had escaped to freedom.

Slaves could become free in several ways, including being transported voluntarily by ‘rescuers.’ In 1842, the United States Supreme Court, just prior to the Fugitive Slave Act, ruled that states did not have to help masters hunt down or capture their fugitive slaves. This weakened the initial Fugitive Slave Act of 1793, and made it considerably more difficult for masters to track down any escaped slaves.

Opponents to the Fugitive Slave Act of 1850 were frequently abolitionists that disagreed with slavery on every level. Many of these citizens actively fought against the return of the slaves to the South. This further weakened the Fugitive Slave Act, frustrating slave owners and Southern politicians. In retaliation, this latest Slave Act included a condition that made Federal marshals liable for hefty fines if they did not cooperate with the return of the fugitive slaves to their masters. Those who complied with the Act and captured the fugitives were given monetary bonuses. Not only were the Federal marshals held accountable, but private citizens that were found to be assisting the runaway slaves (either by providing food, shelter or transportation) were also subject to fines and imprisonment.

Supposedly ‘proving’ ownership of slaves was not difficult; the slave owners merely had to give an affidavit to the Feds claiming ownership. This easy method of proof resulted in many free blacks being captured and put into slavery, since once they were accused of being a fugitive slave, they had no rights to a trial (North or South) and any claim by a slave owner was taken to be true.

The effects of the Fugitive Slave Act of 1850 and the subsequent developments angered abolitionists in every state. With every citizen having accountability for the return of fugitive slaves to their masters, many were forced to confront their own beliefs and act with conscience. Case after case ended up in the Supreme Court, as more and more abolitionists were refusing to comply, being arrested and imprisoned, and appealing these judicial decisions. Anti-slavery sentiments were growing everywhere.

Throughout the Northern states, abolitionists continued to aid and abet the escape of the fugitive slaves and help them find safe passage to Canada. Authorities could not come close to keeping up with these escape routes.

Finally, in 1854, the first state high court declared the Fugitive Slave Act of 1850 to be unconstitutional. The state of Wisconsin ruled in favor of abolitionist Sherman Booth, who had helped slave Joshua Glover escape to safety. Unfortunately, the United States Supreme Court eventually overturned this ruling, declaring the Fugitive Slave Act of 1850 to be constitutional and upholding the law. This political move frustrated the abolitionists, even those who considered themselves to be less extreme.

Famous abolitionist Harriet Tubman worked hard to make the Underground Railroad a successful way for fugitive slaves to find their way to freedom. Canada was encouraged as a safe haven for escaping slaves, and once they crossed the borders, they were welcomed as free citizens, making this the primary destination for those trying to break free from the bonds of slavery and imprisonment. Those opposed to the Fugitive Slave Act of 1850 were forced to confront their beliefs and decide whether or not to follow the law and report or detain those escaping slavery.

As the Civil War approached, more and more Northern citizens began to oppose the Fugitive Slave Act of 1850 and further assist those escaping to find freedom. Because the South decided to ‘secede’ from the union, the North became even more committed to helping slaves find freedom, and it seemed to become easier for those citizens to break the law to help the slaves.

The Fugitive Slave Act of 1850 is seen as one of the pivotal events that led up to the Civil War, which began in 1865. By strengthening the earlier Fugitive Slave Act of 1793, the later laws further pressured citizens to take sides regarding the issue of slavery. Tensions between the North and South quickly increased, leading to the eventual secession of the South and the ensuing Civil War.

Though initially considered to be a ‘compromise’ and intended to lessen the tensions between the North and South, the Fugitive Slave Act of 1850 ultimately served as a vehicle to fight against slavery. Common citizens rebelled against their supposed responsibilities to return slaves to their masters, and resisted the punishments handed down. By polarizing the nation in such a way, the Fugitive Slave Act became a powerful tool in the years and months leading up to the Civil War, by enlightening many citizens (both Northern and Southern) and helped to form future laws that eliminated slavery and protected the freedoms of all citizens.