The Fugitive Slave Law of 1850

The Fugitive Slave Act of 1850, although in effect less than two decades, was one of the nation’s most controversial federal laws. Designed to provide southern slaveholders with greater assistance in the return of runaway slaves, it angered northern whites and blacks, divided communities, and yet still failed to assuage slaveholders’ concerns. Designed to calm sectional tensions as part of the Compromise of 1850, the law propelled the nation closer to war. Both the fugitive slave clause of the Constitution and the Fugitive Slave Act of 1793 affirmed the rights of slaveholders to claim enslaved people who escaped into free states or territories. But enslaved people continued to seek freedom, and over time the number of those willing to aid them grew, eventually developing into the loosely organized network known as the Underground Railroad. Slaveholders, especially in the Upper South, annually lost an untold number of slaves to escape. Not all freedom-seekers were successful, but the costs were great nonetheless. To slaveholders, every escaped slave who made it North represented a loss of hundreds of dollars, and perhaps more importantly, spurred others to follow in his or her footsteps. Often associated with states’ rights ideology, white southerners demanded and eventually got what some scholars have called the greatest exercise of federal power before the Civil War. The enhanced federal Fugitive Slave Act of 1850 expanded on the earlier law in several important ways. It created a new position of commissioner who was appointed, not elected, and was paid ten dollars each time he sent an accused fugitive into slavery, only five dollars if he found the claim to be insufficient and ordered the accused released. The act also strengthened the penalties for helping fugitives escape or interfering with rendition; it explicitly stripped all rights from the accused; and stated that bystanders could be called upon to assist in slave recapture. Response to the law varied. Enslaved people continued to escape bondage. Fugitives living in the North and even free blacks felt threatened and organized for self-defense; thousands left for Canada. Abolitionists, black and white, protested in writing and speeches; some engaged in bold rescues of individuals claimed as fugitives. Many white northerners abided by the law, although for others the idea of being turned into de facto slave catchers pushed them toward opposition. Rather than settle the issue of fugitive slaves, the Law served to divide the nation further.

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