Long title | An Act respecting fugitives from justice, and persons escaping from the service of their masters. |
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Enacted by | the 2nd United States Congress |
Citations | |
Statutes at Large | 1 Stat. 302 |
Legislative history | |
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Major amendments | |
Fugitive Slave Act of 1850 |
The Fugitive Slave Act of 1793 was an Act of the United States Congress to give effect to the Fugitive Slave Clause of the U.S. Constitution (Article IV, Section 2, Clause 3), which was later superseded by the Thirteenth Amendment, and to also give effect to the Extradition Clause (Article 4, Section 2, Clause 2). [1] The Constitution's Fugitive Slave Clause guaranteed a right for a slaveholder to recover an escaped slave. The subsequent Act, "An Act respecting fugitives from justice, and persons escaping from the service of their masters", created the legal mechanism by which that could be accomplished.
The Act was passed by the House of Representatives on February 4, 1793, by a vote of 48–7, with 14 abstaining. [2] The "Annals of Congress" state that the law was approved on February 12, 1793. [3]
The Act was written amidst a controversy about a free black man named John Davis who was kidnapped from Pennsylvania and brought to Virginia. However, the Act failed to resolve that controversy; the kidnappers from Virginia were never extradited to Pennsylvania, and John Davis remained a slave. [4]
The Act was later strengthened at the insistence of the slave states of the American South by the Compromise of 1850, which required state governments and the residents of free states to enforce the capture and return of fugitive slaves. [5] The enforcement of the Fugitive Slave Act of 1850 outraged Northern public opinion.
SEC. 3. And be it also enacted, That when a person held to labor in any of the United States, or in either of the Territories on the Northwest or South of the river Ohio, under the laws thereof, shall escape into any other part of the said States or Territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any Judge of the Circuit or District Courts of the United States, residing or being within the State, or before any magistrate of a county, city, or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such Judge or magistrate, either by oral testimony or affidavit taken before and certified by a magistrate of any such State or Territory, that the person so seized or arrested, doth, under the laws of the State or Territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such Judge or magistrate to give a certificate thereof to such claimant, his agent, or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the State or Territory from which he or she fled.
SEC. 4. And be it further enacted, That any person who shall knowingly and willingly obstruct or hinder such claimant, his agent, or attorney, in so seizing or arresting such fugitive from labor, or shall rescue such fugitive from such claimant, his agent or attorney, when so arrested pursuant to the authority herein given and declared; or shall harbor or conceal such person after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any Court proper to try the same, saving moreover to the person claiming such labor or service his right of action for or on account of the said injuries, or either of them. [6]
The full text of the Act is available from the Library of Congress (and online) in the Annals of Congress of the 2nd Congress, 2nd Session, during which the proceedings and debates took place from November 5, 1792, to March 2, 1793. The specific Act and the Congressional vote is on pages 1414–1415. [3]
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Forced labour and slavery |
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This law put fugitive slaves at risk for recapture the rest of their lives, but some slave-owners did not think that it was strong enough. It also classified children born to fugitive slave mothers as slaves and the property of their mother's master for the rest of their lives.
Ona Maria Judge, sometimes referred to by the diminutive 'Oney' by her owners, was one of Martha Washington's slaves and chambermaids. She served the Washingtons in Virginia and at the President's House in Philadelphia when George Washington was President (the city was the temporary capital from 1790 to 1800). She escaped on May 21, 1796. [7] Washington made two attempts to seize her shortly afterwards, even enlisting the help of the Secretary of the Treasury Oliver Wolcott Jr. in a letter written on September 1, 1796. [8] Later, his nephew visited her and asked for her to return. Neither attempt was successful. Washington acted discreetly to avoid controversy in Philadelphia, which had a strong Quaker abolitionist community.
Having settled in New Hampshire, married and had a child, Oney Judge was interviewed by Rev. Benjamin Chase in the 1840s. He published the account in a "letter to the editor" in the abolitionist newspaper The Liberator on January 1, 1847. He described how under the law, she and her child were still at risk for being seized as a fugitive slave at any time, even 50 years after her escape, if Martha Washington's descendants decided to make a legal claim. Legally, they had inherited the pair as part of their mother's estate:
This woman is yet a slave. If Washington could have got her and her child, they were constitutionally his; and if Mrs. Washington's heirs were now to claim her, and take her before Judge Woodbury, and prove their title, he would be bound, upon his oath, to deliver her up to them. [9]
Many northern states enacted legislation to protect free black Americans (who could otherwise be abducted, brought before court without the ability to produce a defense, and then lawfully enslaved) as well as runaway slaves. Those laws came to be known as personal liberty laws and required slave owners and fugitive hunters to produce evidence that their captures were truly fugitive slaves, "just as southern states demanded the right to retrieve runaway slaves, northern states demanded the right to protect their free black residents from being kidnapped and sold into servitude in the south" (Finkelman 399).
One controversy was the case of Prigg v. Pennsylvania . Edward Prigg, a citizen of Maryland, was indicted by a Pennsylvania court for attempting to kidnap a black woman in York County to return her to Maryland as a fugitive slave. He was tried and convicted by a local court in Pennsylvania, but the case was eventually appealed to the Supreme Court of the United States. Prigg had originally shown his legal warrant to the Pennsylvania court, but it had been unlawfully ignored, which demonstrated that the Fugitive Slave Act really depended on state judges, not federal law.
The slave-catching industry expanded as a result of the law, with men who were effectively bounty hunters capturing and returning many slaves to their owners.
In addition, the high demand for slaves in the Deep South and hunt for fugitives caused free blacks to be at risk of being kidnapped and sold into slavery, even if they had their "free" papers. There were numerous instances of people who were legally free and had never been slaves being captured and brought south to be sold into slavery. The historian Carol Wilson documented 300 such cases in Freedom at Risk (1994) and estimated there were likely thousands of others. [10] A prominent example of this was Solomon Northup, born free around 1808 to Mintus Northup and his wife in Essex County, New York state. (In his memoir, Solomon did not name his mother but described her as of mixed race and a quadroon.) [11] In 1841, Northup was tricked into going to Washington, DC, where slavery was legal. He was drugged, kidnapped, and sold into slavery, and he was held as a slave in Louisiana for 12 years. One of the very few to regain freedom under such circumstances, he later sued the slave traders involved in Washington, DC. Its law prohibited Northup from testifying against the white men because he was black and so he lost the case. The New York Times published an article on the trial on January 20, 1853. [12] [13] Northup published his memoir, Twelve Years a Slave (1853), a slave narrative of plantation life on the Red River in Louisiana, and a description of Washington, D.C.'s slave trade. [11] The memoir was adapted as a feature film by British director Steve McQueen in 2013, winning three Academy Awards, including Best Picture. The critics praised the screenplay and the performances, but there were conflicting views about the historical accuracy of the events, both in the film and in the book. [14] [15]
Solomon Northup was an American abolitionist and the primary author of the memoir Twelve Years a Slave. A free-born African American from New York, he was the son of a freed slave and a free woman of color. A farmer and a professional violinist, Northup had been a landowner in Washington County, New York. In 1841, he was offered a traveling musician's job and went to Washington, D.C. ; there he was drugged and kidnapped into slavery. He was shipped to New Orleans, purchased by a planter, and held as a slave for 12 years in the Red River region of Louisiana, mostly in Avoyelles Parish. He remained a slave until he met Samuel Bass, a Canadian working on his plantation who helped get word to New York, where state law provided aid to free New York citizens who had been kidnapped and sold into slavery. His family and friends enlisted the aid of the Governor of New York, Washington Hunt, and Northup regained his freedom on January 3, 1853.
The Fugitive Slave Act or Fugitive Slave Law was a law passed by the 31st United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers.
In the United States, fugitive slaves or runaway slaves were terms used in the 18th and 19th centuries to describe people who fled slavery. The term also refers to the federal Fugitive Slave Acts of 1793 and 1850. Such people are also called freedom seekers to avoid implying that the enslaved person had committed a crime and that the slaveholder was the injured party.
Prigg v. Pennsylvania, 41 U.S. 539 (1842), was a United States Supreme Court case in which the court held that the Fugitive Slave Act of 1793 precluded a Pennsylvania state law that prohibited Blacks from being taken out of the free state of Pennsylvania into slavery. The Court overturned the conviction of slavecatcher Edward Prigg as a result.
In the context of slavery in the United States, the personal liberty laws were laws passed by several U.S. states in the North to counter the Fugitive Slave Acts of 1793 and 1850. Different laws did this in different ways, including allowing jury trials for escaped slaves and forbidding state authorities from cooperating in their capture and return. States with personal liberty laws included Connecticut, Massachusetts, Michigan, Maine, New Hampshire, Ohio, Pennsylvania, Wisconsin, and Vermont.
The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from the Fugitive Slave Clause which is in the United States Constitution. It was thought that forcing states to deliver fugitive slaves back to enslavement violated states' rights due to state sovereignty and was believed that seizing state property should not be left up to the states. The Fugitive Slave Clause states that fugitive slaves "shall be delivered up on Claim of the Party to whom such Service or Labour may be due", which abridged state rights because forcing people back into slavery was a form of retrieving private property. The Compromise of 1850 entailed a series of laws that allowed slavery in the new territories and forced officials in free states to give a hearing to slave-owners without a jury.
Ona "Oney" Judge Staines was an enslaved woman owned by the Washington family, first at the family's plantation at Mount Vernon and later, after George Washington became president, at the President's House in Philadelphia, then the nation's capital city. In her early twenties, she absconded, becoming a fugitive slave, after learning that Martha Washington had intended to transfer ownership of her to her granddaughter, known to have a horrible temper. She fled to New Hampshire, where she married, had children, and converted to Christianity. Though she was never formally freed, the Washington family ultimately stopped pressing her to return to Virginia after George Washington's death.
The pre-American Civil War practice of kidnapping into slavery in the United States occurred in both free and slave states, and both fugitive slaves and free negroes were transported to slave markets and sold, often multiple times. There were also rewards for the return of fugitives. Three types of kidnapping methods were employed: physical abduction, inveiglement of free blacks, and apprehension of fugitives. The enslavement, or re-enslavement, of free blacks occurred for 85 years, from 1780 to 1865.
Twelve Years a Slave is an 1853 memoir and slave narrative by Solomon Northup as told to and written by David Wilson. Northup, a black man who was born free in New York state, details himself being tricked to go to Washington, D.C., where he was kidnapped and sold into slavery in the Deep South. He was in bondage for 12 years in Louisiana before he was able to secretly get information to friends and family in New York, who in turn secured his release with the aid of the state. Northup's account provides extensive details on the slave markets in Washington, D.C., and New Orleans, and describes at length cotton and sugar cultivation and slave treatment on major plantations in Louisiana.
The Fugitive Slave Clause in the United States Constitution, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires a "Person held to Service or Labour" who flees to another state to be returned to his or her master in the state from which that person escaped. The enactment of the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has made the clause mostly irrelevant.
When the Dutch and Swedes established colonies in the Delaware Valley of what is now Pennsylvania, in North America, they quickly imported enslaved Africans for labor; the Dutch also transported them south from their colony of New Netherland. Enslavement was documented in this area as early as 1639. William Penn and the colonists who settled in Pennsylvania tolerated slavery. Still, the English Quakers and later German immigrants were among the first to speak out against it. Many colonial Methodists and Baptists also opposed it on religious grounds. During the Great Awakening of the late 18th century, their preachers urged slaveholders to free their slaves. High British tariffs in the 18th century discouraged the importation of additional slaves, and encouraged the use of white indentured servants and free labor.
John McLean was an American jurist and politician who served in the United States Congress, as U.S. Postmaster General, and as a justice of the Ohio and U.S. Supreme Courts. He was often discussed for the Whig Party nominations for president, and is also one of the few people who served in all three branches of government.
Freedom suits were lawsuits in the Thirteen Colonies and the United States filed by slaves against slaveholders to assert claims to freedom, often based on descent from a free maternal ancestor, or time held as a resident in a free state or territory.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
Jones v. Van Zandt, 46 U.S. 215 (1847), was a landmark US Supreme Court decision involving the constitutionality of slavery that was a predecessor of Dred Scott v. Sandford. The Supreme Court was then led by Chief Justice Roger Taney, who owned slaves and wrote the Dred Scott decision but not Jones. The Court unanimously reached the decision that the Fugitive Slave Act of 1793 was constitutional and that the institution of slavery remained a matter for individual states to decide.
Edwin Epps was a slaveholder on a cotton plantation in Avoyelles Parish, Louisiana. He was the third and longest enslaver of Solomon Northup, who was kidnapped in Washington, D.C. in 1841 and forced into slavery. On January 3, 1853, Northup left Epps's property and returned to his family in New York.
James H. Birch was an American slave trader in the District of Columbia.
Margaret Morgan was an African American woman who was born to former slaves. They were considered free by their slaveholder, but they had not received an official deed of manumission. They lived on their former slaveholder's property, where they then had a daughter, Margaret. After she was married and had children, her family was taken from her home in the middle of the night around late March 1837 at the request of the former slaveholder's widow, Margaret Ashmore. Morgan became the subject of legal cases at the county, state and national level from 1837 to 1842. Prigg v. Pennsylvania was tried before the United States Supreme Court and the four men who apprehended Morgan and her children were found to be not guilty.
Samuel Bass (1807–1853) was a white Canadian abolitionist who helped Solomon Northup, author of Twelve Years a Slave, attain his freedom. Northup was a free black man from New York who was kidnapped and forced into slavery in the Deep South. At risk of injury and conviction in default of the Fugitive Slave Act of 1850, Bass mailed letters to friends of Northup that initiated a series of events to save him.