How We Sold Our Soul–The Fugitive Slave Act of 1850

photorandy2023

1 year ago

The Articles in the Category cover a vast range of history not only in our country but in the world as well. The category is entitled “How We Sold Our Soul”. In many cases our history has hinged on compromises being made by the powers at be. They say hind-sight is 20/20, which is why I am discussing these land mark decisions in this manner. The people that made these decisions in many cases thought they were doing the right thing. However in some instances they were made for expediency and little thought was given to the moral ramifications and the fallout that would result from them. I hope you enjoy these articles. The initial plan is to discuss 10 compromises, but as time progresses I am sure that number will increase.

Fugitive Slave Act 1850

Section 1

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the persons who have been, or may hereafter be, appointed commissioners, in virtue of any act of Congress, by the Circuit Courts of the United States, and Who, in consequence of such appointment, are authorized to exercise the powers that any justice of the peace, or other magistrate of any of the United States, may exercise in respect to offenders for any crime or offense against the United States, by arresting, imprisoning, or bailing the same under and by the virtue of the thirty-third section of the act of the twenty-fourth of September seventeen hundred and eighty-nine, entitled “An Act to establish the judicial courts of the United States” shall be, and are hereby, authorized and required to exercise and discharge all the powers and duties conferred by this act.

Section 2

And be it further enacted, That the Superior Court of each organized Territory of the United States shall have the same power to appoint commissioners to take acknowledgments of bail and affidavits, and to take depositions of witnesses in civil causes, which is now possessed by the Circuit Court of the United States; and all commissioners who shall hereafter be appointed for such purposes by the Superior Court of any organized Territory of the United States, shall possess all the powers, and exercise all the duties, conferred by law upon the commissioners appointed by the Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act.

Section 3

And be it further enacted, That the Circuit Courts of the United States shall from time to time enlarge the number of the commissioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act.

Section 4

And be it further enacted, That the commissioners above named shall have concurrent jurisdiction with the judges of the Circuit and District Courts of the United States, in their respective circuits and districts within the several States, and the judges of the Superior Courts of the Territories, severally and collectively, in term-time and vacation; shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the State or Territory from which such persons may have escaped or fled.

Section 5

And be it further enacted, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant, by the Circuit or District Court for the district of such marshal; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the provisions of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the service or labor of said fugitive in the State, Territory, or District whence he escaped: and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Constitution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, or posse comitatus of the proper county, when necessary to ensure a faithful observance of the clause of the Constitution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose; and said warrants shall run, and be executed by said officers, any where in the State within which they are issued.

Section 6

And be it further enacted, That when a person held to service or labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due, or his, her, or their agent or attorney, duly authorized, by power of attorney, in writing, acknowledged and certified under the seal of some legal officer or court of the State or Territory in which the same may be executed, may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge, or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer authorized to administer an oath and take depositions under the laws of the State or Territory from which such person owing service or labor may have escaped, with a certificate of such magistracy or other authority, as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall be sufficient to establish the competency of the proof, and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the State or Territory from which such fugitive may have escaped as aforesaid, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever.

Section 7

And be it further enacted, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid; or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States for the district in which such offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized Territories of the United States; and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars for each fugitive so lost as aforesaid, to be recovered by action of debt, in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed.

Section 8

And be it further enacted, That the marshals, their deputies, and the clerks of the said District and Territorial Courts, shall be paid, for their services, the like fees as may be allowed for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in whole by such claimant, his or her agent or attorney; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certificate to the claimant, his agent or attorney; or a fee of five dollars in cases where the proof shall not, in the opinion of such commissioner, warrant such certificate and delivery, inclusive of all services incident to such arrest and examination, to be paid, in either case, by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such commissioner for the arrest and detention of fugitives from service or labor as aforesaid, shall also be entitled to a fee of five dollars each for each person he or they may arrest, and take before any commissioner as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them; such as attending at the examination, keeping the fugitive in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioners; and, in general, for performing such other duties as may be required by such claimant, his or her attorney or agent, or commissioner in the premises, such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimant by the final determination of such commissioner or not.

Section 9

And be it further enacted, That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will he rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent, or attorney. And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circumstances may require. The said officer and his assistants, while so employed, to receive the same compensation, and to be allowed the same expenses, as are now allowed by law for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States.

Section 10

And be it further enacted, That when any person held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party to whom such service or labor shall be due, his, her, or their agent or attorney, may apply to any court of record therein, or judge thereof in vacation, and make satisfactory proof to such court, or judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party. Whereupon the court shall cause a record to be made of the matters so proved, and also a general description of the person so escaping, with such convenient certainty as may be; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other State, Territory, or district in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other office, authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production by the said party of other and further evidence if necessary, either oral or by affidavit, in addition to what is contained in the said record of the identity of the person escaping, he or she shall be delivered up to the claimant, And the said court, commissioner, judge, or other person authorized by this act to grant certificates to claimants or fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the State or Territory from which he escaped: Provided, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid. But in its absence the claim shall be heard and determined upon other satisfactory proofs, competent in law.

Approved, September 18, 1850.

One of American History’s Worst Laws Was Passed 165 Years Ago

It had been 30 years since Thomas Jefferson likened the explosive issue of slavery expansion to “a fire bell in the night’” destined one day to sound “a death knell for the Union,” but the fulfillment of this grim prophecy seemed very much at hand in 1850.

Northern abolitionists had seemed to find their voice in the 1830s, and although it remained a minority voice, it grew loud and disruptive enough to spark genuine alarm in the slave states while making further political concessions to slavery increasingly problematic in the free states. Stung by abolitionist condemnations, enough northern Democrats abandoned their southern colleagues in 1847 to allow House passage of the Wilmot Proviso, which sought to keep slavery out of any territory acquired in the Mexican War. The slave-state/free-state balance in the Senate doomed the measure at that point, but population trends were changing. The slave states accounted for only 39% of the seats in the lower chamber when the admission of California as a free state, on Sept. 9, 1850, tipped the scales in the Senate as well.

With southern threats of disunion mounting, the measures comprising the “Compromise of 1850” undertook to mollify slaveholders in several ways, but none had more precisely the opposite effect in the free states than the incendiary Fugitive Slave Act, approved by Congress precisely 165 years ago, on Sept. 18, 1850.

Surely one of the most critically misguided pieces of legislation in U.S. history, it proved strikingly cruel, even for a pro-slavery measure. It forced the federal government to grossly overstep its bounds in defense of slavery at a time when anti-slavery sentiment was clearly on the rise, sparking outrage and defiance in the North, and, in turn, further deepening southerners’ suspicions that their rights could no longer be protected within the Union.

On its face, the new law simply set out to enforce the U.S. Constitution, specifically Article IV, Section 2, Clause 3, which declared that slaves did not become free simply by escaping to a free state and thus stipulated their return to their lawful masters. Yet, moving well beyond earlier efforts doing little more than lip service to this mandate, framers of the 1850 measure stripped northern courts of their authority over cases in which slaveholders sought return of their reputed runaways, vesting it solely in the hands of federal commissioners, blatantly encouraged to find in favor of the slaveholder by a compensation rate of $10 for each black person remanded South (compared to only $5 when the claim was disallowed). Precluding testimony by the alleged fugitives themselves, the act also compelled otherwise disinterested private citizens, upon threat of fine or imprisonment, to assist in their capture and return of the suspects.

With annual documented cases of runaways amounting to 1,000 or fewer out of a total slave population that stood at 3.2 million in 1850, some thought the slaveholders who demanded a stronger, more enforceable fugitive-slave law were either paranoid or simply overreacting, but there were some more tangible concerns in play. Escapes had mounted as the increasingly dynamic abolitionist contingent urged slaves to take flight, and, beyond that, the most compelling and credible indictments of slavery came not from northern whites acting on principle, but from runaways like Frederick Douglass and Henry Highland Garnet, who had experienced its cruelties themselves.

It was no mere coincidence that both Douglass and Garnet had made their escapes from Maryland. Historians Joseph R. Hummel and Barry R. Weingast have shown that the odds of permanent escape were so much greater in the border slave states that Delaware, Maryland and Missouri accounted for less than 6% of the total slave population of the slave states in 1850 but 36% of the runaways. Because the worst flight risks were also the most expensive to replace, able-bodied male slaves became a notably less attractive investment in the border states. As dramatically higher prices in the Deep South enticed more and more slaveholders in states like Delaware and Maryland to sell off their human property, there was little reason to expect their future representatives in Washington to maintain their attachments to the institution.

Yet if the Fugitive Slave Act of 1850 was expected to bolster slavery in any concrete fashion, there is little evidence it actually did. In fact, though the Fugitive Slave Act itself marked a low point in American legislative history, its very egregiousness ultimately helped to bring down the barbaric institution it was crafted to defend.

Runaway totals fell by scarcely 200 over the decade that followed, and the 330 persons returned to slavery barely matched the number of escapes from the Border States alone in 1860. These numbers seem doubly anemic when discounted against the massive backlash against the act in the northern free states, where it clearly accelerated rather than impeded the abolitionist movement, helping, among other things, to set a most receptive stage for Harriet Beecher Stowe’s Uncle Tom’s Cabin and to bolster support for the Underground Railroad. Even northern whites who had previously been little disposed to have African Americans in their midst now demanded stronger state protections for personal liberty. They even rose up in direct physical defiance in Boston, Oberlin and elsewhere, resisting federal intruders empowered to override the local justice system and abrogate their civil rights. The oft-invoked “slave power conspiracy,” now seemed intent on imposing its sinister expansionist will not just on remote territorial outposts, but on their very own, ostensibly “free,” communities, under the aegis and muscle of their own government. As what historian Eric Foner called “the most powerful exercise of federal authority within the United States” prior to the Civil War, the Fugitive Slave Law not only exacerbated the very fears and concerns on both sides that had thrown the Union into crisis in 1850 but, as would soon be evident, it further undermined the political fortunes of those who demanded it in this first place.

Like their counterparts a century later who were slow to realize the explosive potential of a steadily rising outcry for racial justice, the southern Democrats of 1850 had sorely underestimated a very real threat—not only to their interests, but ultimately to the Union itself. As the Fugitive Slave Act made clear, the shift in substantive northern priorities and the concomitant rise of a new public morality would be incompatible with any further extension of the physical and political reach of human bondage.

Lets face it folks we definitely sold our souls on this one.

Resources

avalon.law.yale.edu, “Fugitive Slave Act 1850“; crf-usa.org, “THE FUGITIVE SLAVE LAW OF 1850”; britannica.com, “Fugitive Slave Acts.” By Adam Augustyn; time.com, “One of American History’s Worst Laws Was Passed 165 Years Ago.” By JamesC. Cobb;

Addendum

Fugitive Slave Acts, in U.S. history, statutes passed by Congress in 1793 and 1850 (and repealed in 1864) that provided for the seizure and return of runaway slaves who escaped from one state into another or into a federal territory. The 1793 law enforced Article IV, Section 2, of the U.S. Constitution in authorizing any federal district judge or circuit court judge, or any state magistrate, to decide finally and without a jury trial the status of an alleged fugitive slave.

The measure met with strong opposition in the Northern states, some of which enacted personal-liberty laws to hamper the execution of the federal law; these laws provided that fugitives who appealed an original decision against them were entitled to a jury trial. As early as 1810 individual dissatisfaction with the law of 1793 had taken the form of systematic assistance rendered to Black slaves escaping from the South to New England or Canada—via the Underground Railroad.

The demand from the South for more effective legislation resulted in enactment of a second Fugitive Slave Act in 1850. Under this law fugitives could not testify on their own behalf, nor were they permitted a trial by jury. Heavy penalties were imposed upon federal marshals who refused to enforce the law or from whom a fugitive escaped; penalties were also imposed on individuals who helped slaves to escape. Finally, under the 1850 act, special commissioners were to have concurrent jurisdiction with the U.S. courts in enforcing the law. The severity of the 1850 measure led to 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 many Northern states. These state laws were among the grievances officially referred to by South Carolina in December 1860 as justification for its secession from the Union. Attempts to carry into effect the law of 1850 aroused much bitterness and probably had as much to do with inciting sectional hostility as did the controversy over slavery in the territories.