Fugitive Slave Act of 1850

Fugitive Slave Act of 1850

The Fugitive Slave Act of 1850 mandated that states to which escaped slaves fled were obligated to return them to their masters upon their discovery and subjected persons who helped runaway slaves to criminal sanctions. The first Fugitive Slave Act was enacted by Congress in 1793 but as the northern states abolished Slavery, the act was rarely enforced. The southern states bitterly resented the northern attitude toward slavery, which was ultimately demonstrated by the existence of the Underground Railroad, an arrangement by which abolitionists helped runaway slaves obtain freedom.

To placate the South, the Fugitive Slave Act of 1850 (9 Stat. 462) was enacted by Congress as part of the Compromise of 1850. It imposed a duty on all citizens to assist federal marshals to enforce the law or be prosecuted for their failure to do so. The act also required that when a slave was captured, he or she was to be brought before a federal court or commissioner, but the slave would not be tried by a jury nor would his or her testimony be given much weight. The statements of the slave's alleged owner were the main evidence, and the alleged owner was not even required to appear in court.

Northern reaction against the Fugitive Slave Act was strong, and many states enacted laws that nullified its effect, making it worthless. In cases where the law was enforced, threats or acts of mob violence often required the dispatch of federal troops. Persons convicted of violating the act were often heavily fined, imprisoned, or both. The refusal of northern states to enforce the Fugitive Slave Act was alleged by South Carolina as one reason for its secession from the Union prior to the onset of the Civil War.

The acts of 1793 and 1850 remained legally operative until their repeal by Congress on June 28, 1864 (13 Stat. 200).