Omar Bennett
The Fugitive Slave Act was passed by the 31st United States Congress on September 18, 1850, as part of the Compromise of 1850. The Act was drafted by Democratic Senator James M. Mason of Virginia in response to the weakening of the original Fugitive Slave Act of 1793. The 1850 Act was one of the most controversial elements of the Compromise of 1850 and heightened Northern fears of a slave power conspiracy. It required that all escaped slaves be returned to their owners and that officials and citizens of free states had to cooperate in the capture of fugitive slaves. The Fugitive Slave Acts of 1793 and 1850 were federal laws that allowed for the capture and return of runaway enslaved people and were among the most controversial laws of the early 19th century.
| Characteristics | Values |
|---|---|
| Date of passing | 18th September 1850 |
| Part of | Compromise of 1850 |
| Required | Return of escaped slaves to their owners |
| Made | Federal government responsible for finding, returning, and trying escaped slaves |
| Penalised | Officials who did not arrest someone allegedly escaping from slavery |
| Imposed | Heavy penalties on individuals who helped enslaved people escape |
| Gave | Federal government a role in capturing fugitive enslaved persons |
| Required | Escaped slaves in any state to be returned to slaveholders |
| Based on | Fugitive Slave Clause in U.S. Constitution |
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What You'll Learn
The Fugitive Slave Act of 1793
The Act was met with widespread criticism and resistance, particularly from Northern states, where many argued that it was tantamount to legalized kidnapping. Some Northern states refused to enforce the law and passed "Personal Liberty Laws," which protected the rights of accused runaway slaves and free Black people. These laws mandated jury trials for alleged fugitive slaves and prohibited the use of local jails or state officials in arresting or returning them.
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The Fugitive Slave Act of 1850
The Fugitive Slave Act of 1793 was enacted to enforce Article 4, Section 2, Clause 3 of the United States Constitution, which required the return of escaped slaves. The Fugitive Slave Act of 1850 was passed by the 31st United States Congress on September 18, 1850, as a response to the weakening of the original Fugitive Slave Act. It was part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers.
The act also penalized citizens who aided fugitives by providing food or shelter, with imprisonment of up to six months and a fine of up to $1,000. Law enforcement officials were required to arrest people suspected of escaping slavery on as little as a claimant's sworn testimony of ownership. Habeas corpus was declared irrelevant, and fugitives were not permitted to testify on their own behalf or have a trial by jury.
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The Compromise of 1850
The Fugitive Slave Act of 1850 was one of the most controversial elements of the Compromise of 1850. It required that all escaped slaves be returned to their owners and that officials and citizens of free states cooperate in the capture of fugitive slaves. The Act contributed to the growing polarization of the country over the issue of slavery and played a major role in postponing the Civil War.
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Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. The clause was adopted at the Constitutional Convention of 1787 and remained in force until the Thirteenth Amendment to the Constitution abolished slavery in 1864, rendering the clause mostly irrelevant.
The Fugitive Slave Clause required that any "Person held to Service or Labour" who fled to another state be returned to their master in the state from which they escaped. The exact wording of the clause is as follows:
> "No Person held to Service or Labour 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 Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."
It is notable that, similar to other references in the Constitution dealing with slavery, the words "slave" and "slavery" are not used in this clause. Instead, the phrase "held to Service or Labour" was used, which could refer to slaves, apprentices, or indentured servants.
The Fugitive Slave Clause was controversial and had a significant impact on Black communities in the North, as the broad language of the clause and its enforcement mechanisms enabled the kidnapping of free African Americans who were then illegally enslaved. The case of Solomon Northup, a free man abducted in Washington, D.C., and enslaved in Louisiana for twelve years, highlighted the systemic abuse enabled by the clause.
Despite Northern resistance to its enforcement, the Supreme Court interpreted the Fugitive Slave Clause as giving slave owners the right to seize and repossess their escaped slaves in another state, and any state laws that penalised such a seizure were deemed unconstitutional. The Fugitive Slave Act of 1850 further strengthened the enforcement of the clause, requiring all escaped slaves to be returned to their owners and making officials and citizens of free states complicit in their capture and return.
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Abolition of the Fugitive Slave Act
The Fugitive Slave Act was enacted in 1793 and amended in 1850. The 1850 amendment was part of the Compromise of 1850, a series of bills addressing multiple issues related to slavery. The Act required that all escaped slaves be returned to their enslavers and that officials and citizens of free states cooperate in the capture and return of fugitive slaves. It also imposed heavy penalties on federal marshals who refused to enforce the law and on individuals who aided the escape of enslaved people. The Act adversely affected the prospects of escape from slavery, particularly in states close to the North, and contributed to the growing polarization of the country over slavery.
The Fugitive Slave Act of 1850 was highly controversial and led to an increase in the number of abolitionists and the efficiency of the Underground Railroad. It also resulted in the enactment of personal liberty laws in many Northern states, which protected the rights of fugitive slaves and prevented their extradition. The Act was one of the factors that led to the founding of the Republican Party and the start of the American Civil War.
The Act was finally repealed in 1864, during the Civil War, but it had already done significant damage to the prospects of escape from slavery and the unity of the country. The earlier Fugitive Slave Act of 1793 had also been highly controversial and had been largely ignored by many free states, which passed their own laws to protect the rights of fugitive slaves.
The Fugitive Slave Act of 1850 was a significant blow to the abolitionist movement and a setback for the cause of freedom and equality in the United States. It was a stark reminder of the power and influence of the slaveholding South and the lengths to which they would go to protect their property rights. However, it also served to galvanize opposition to slavery and fuel the fire of resistance that would eventually lead to the abolition of slavery and the end of the Civil War.
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Frequently asked questions
The Fugitive Slave Act was passed on September 18, 1850, by the 31st United States Congress. It was part of the Compromise of 1850, which included other bills addressing issues related to slavery.
The Fugitive Slave Act of 1850 was a law that required escaped slaves to be returned to their owners, even if they were in a free state. It also made the federal government responsible for finding, returning, and trying escaped slaves. The Act penalized officials who did not arrest someone allegedly escaping slavery, making them liable for a fine of $1000 (equivalent to $37,800 in 2024).
Yes, the Fugitive Slave Act of 1793 was a Federal law that enforced Article 4, Section 2, Clause 3 of the US Constitution, which required the return of escaped slaves. This Act was passed to address the high anti-slavery sentiment in the North and pressure from Southern lawmakers.
