Fugitive Slave Act

Escaping slavery was an extremely dangerous undertaking and the Fugitive Slave Act of 1850 only increased the risk.

The Fugitive Slave Act of 1850 Definition

The Fugitive Slave Act of 1850, passed as part of the Compromise of 1850, was a federal law that expanded upon the earlier Fugitive Slave Act of 1793. Both Fugitive Slave Acts attempted to make it easier for slaveholders to catch slaves that had escaped to the North, but the new Fugitive Slave Act took it even farther.

The Fugitive Slave Act of 1793 put the responsibility on slaveholders (and the agents they hired) to find slaves that had escaped as well as to prove their case in court. The Fugitive Slave Act of 1850 shifted this responsibility to the federal government.

Now, federal marshals took on the responsibility of finding slaves that had escaped to the North. Additionally, those who were captured no longer had the right to a jury trial. Instead, newly appointed federal commissioners made the decision as to whether they would return or free a suspected slave. It was not an honest process as federal commissioners were paid more to grant certificates returning suspected slaves.

Lastly, the penalty for someone helping individuals escape slavery increased from a $500 fine to a $1,000 fine and six months in jail. This was intended to curb the growing abolitionist movement and the Underground Railroad.

Fig. 1 - map of Underground Railroad routes

The Compromise of 1850 and the Fugitive Slave Act

The Compromise of 1850 settled the debate over the status of slavery in several newly acquired territories.

The South had been long unhappy with the Fugitive Slave Act of 1793. They believed that people in the North were not doing enough to help with the perceived issue of runaway slaves–the existence of the Underground Railroad was proof enough. The Fugitive Slave Act of 1850 was an attempt to strengthen pre-existing provisions and ensure federal assistance.

Fig. 2 - an advertisement offering a reward for the return of a slave

Constitutional Foundations of the Fugitive Slave Act

Article VI of the Constitution included a provision that slaves would not become legally free as a result of escaping to another state:

As you can see, the Constitution itself did not provide means for enforcement. The Fugitive Slave Acts were meant to address the logistical issues.

Northern Reaction to the Fugitive Slave Act

Residents of the North were less than happy with the Fugitive Slave Acts. When the first Fugitive Slave Act passed in 1793, personal liberty laws began to pop up across the North. These laws had to become more creative when the Fugitive Slave Act of 1850 passed but they certainly did not disappear. Some states even made moves to nullify the Fugitive Slave Act itself.

As we discussed earlier, many Northerners braved the consequences and continued to help those running from slavery along the Underground Railroad. Their indignation at the South for the Fugitive Slave Act of 1850 made them even less willing to quit and the number of abolitionists only grew.

Effects of the Fugitive Slave Act of 1850

The Fugitive Slave Act of 1850 was a devastating blow to slaves and free blacks alike. Although the Underground Railroad was still operating, it was dangerous, and formerly enslaved people were not always safe even after reaching their destination. Kidnapping was a very real threat, even when living an established life as a free person.

Although the Compromise of 1850, the Fugitive Slave Act included, was meant to settle the issue of slavery, tensions only grew between the North and the South. More territory entered the Union reheating the slavery issue and the North continued to flout aspects of, if not the entire, Fugitive Slave Act.

Fig. 3 - poster warning Black residents about kidnappings in Boston

The Fugitive Slave Act Significance

The Fugitive Slave Act of 1850 remained in effect well into the Civil War as a means of appealing border states. Even after the Emancipation Proclamation, The Fugitive Slave Act applied to slaves living in these border states. It was not until 1864 that the Fugitive Slave Act was finally repealed.

The Fugitive Slave Act is significant because of the role it played in fueling the abolitionist movement and the conflict it caused between the North and South. It is a perfect example of the tension surrounding slavery and how this tension grew to Civil War proportions.