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Topic: Fugitive Slave Acts


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  Fugitive Slave Laws - MSN Encarta
Fugitive Slave Laws, acts passed by the United States Congress in 1793 and 1850, intended to facilitate the recapture and extradition of runaway slaves and to commit the federal government to the legitimacy of holding property in slaves.
The statute authorized slave owners or their agents to apprehend fugitives in any state or territory and provided that owners could apply to a circuit or district judge for a certificate to take custody of runaways.
Although the constitutionality of the fugitive slave laws was unquestioned, only the force of arms could finally define the nature of the Union, its source of authority, and the boundaries of liberty.
encarta.msn.com /encyclopedia_761559710/Fugitive_Slave_Laws.html   (762 words)

  
 fugitive slave laws - HighBeam Encyclopedia   (Site not responding. Last check: 2007-10-09)
As slavery was abolished in the Northern states, the 1793 law was loosely enforced, to the great irritation of the South, and as abolitionist sentiment developed, organized efforts to circumvent the law took form in the Underground Railroad.
As a concession to the South a second and more rigorous fugitive slave law was passed as part of the Compromise of 1850.
FOOTPRINTS OF THE FUGITIVE: SLAVE NARRATIVE DISCOURSE AND THE TRACE OF AUTOBIOGRAPHY.
www.encyclopedia.com /doc/1E1-fugitive.html   (681 words)

  
 Johnson, The Constitutionality of the Fugitive Slave Acts
Fugitives from justice may be, and often are, citizens, and under the protection of the Constitution are entitled to the benefit of its provisions; fugitives from service, when slaves, are not thus entitled.
Fugitives from justice cannot be seized and carried away without some inquiry and legal process; fugitives from service may be taken anywhere, by those having a legal claim, and by force of the legal title carried from the State.
While the Fugitive Slave Bill was under discussion in the summer of 1850, repeated efforts were made in Congress to secure consideration of amendments which would guarantee a fair trial to the fugitive in the State by whose laws he was said to be held to service or labor.
www.dinsdoc.com /johnson_a-1.htm   (8464 words)

  
 The Garner Fugitive Slave Case
By far the most shocking of all fugitive slave cases was that of Margaret Garner who killed her own daughter to keep her from being returned to slavery.
Besides the question of identity of the alleged fugitive, the important issue at the hearing under the Fugitive Slave Law was whether he owed service or labor under the law of the state from which he had escaped.
The marshal attempted to wrest the weapon from the fugitive and in the struggle the pistol was discharged.
www.motopera.org /mg_ed/educational/FugitiveSlaveCase.html   (7224 words)

  
 The Fugitive Slave Acts
Slave hunters were allowed to capture an escapee in any territory or state and were required only to confirm orally before a state or federal judge that the person was a runaway.
If an escaped slave was sighted, he or she should be apprehended and turned in to the authorities for deportation back to the "rightful" owner down south.
The 'personal liberty laws' compelled a slave catcher to furnish corroborative proof that his captive was a fugitive and frequently accorded the accused the rights to trial by jury and appeal.
www.math.buffalo.edu /~sww/0history/SlaveActs.html   (601 words)

  
 97/12/05 #21: The Obligations of Officials; #22 Official Disobedience
Against the Fugitive Slave Clause: the Garrisonian strategy (e.g., Wendell Phillips, Salmon Chase, Rufus Spalding), focused by the Latimer case, was to argue that natural law provided constraints and direction on the interpretation of the Constitution which meant that, strictly speaking, the Fugitive Slave Clause, was itself not part of the Constitution.
The Fugitive Slave Clause was a compromise necessary to the formation of the Union, and as such a compromise, was binding on the judges.
The Fugitive Slave Act of 1850 was held to be constitutional.
philosophy.wisc.edu /streiffer/RPA97Folder/971205OffDis.html   (1129 words)

  
 A DEFENCE
But in saying that "the reclaiming of a fugitive slave is not a suit at the common law," within the meaning of the constitutional amendment, that secures a jury trial "in suits at common law," he raises a question, which it will require something more than his simple assertion to settle.
The act itself admits that the testimony of one of the parties, the claimant, is legitimate evidence ‑‑ for it permits it to be received, and, if it be "satisfactory" to the court, judge, or commissioner, allows the case to be determined on his testimony alone.
The suspension of the writ of Habeas Corpus, by the act of 1850, is unconstitutional.
www.lysanderspooner.org /DefenseOfFugitiveSlaves.htm   (12145 words)

  
 CONGRESS'S POWER TO ENFORCE FOURTEENTH AMENDMENT RIGHTS: LESSONS FROM FEDERAL REMEDIES THE FRAMERS ENACTED
[74] Should the fugitive slave escape while in custody of a federal or deputy marshal, the marshal was made liable to the claimant for the full value of the slave.
Congress thus provided for the removal of fugitive slaves by federal force at federal expense whenever the return of fugitive slaves was met with local resistance in a free state.
The nation's experience with the Fugitive Slave Acts demonstrated that federal courts and officials were insufficient to enforce citizens' constitutional rights effectively and that state and local courts and officials played an essential role in administering civil and criminal justice.
www.law.harvard.edu /students/orgs/jol/vol42_1/kaczorowski.php   (14399 words)

  
 Highbeam Encyclopedia - Search Results for fugitive
maroon term for a fugitive slave in the 17th and 18th cent.
He was one of the founders and editors of the Fugitive (1922-25), a magazine that represented the Southern agrarian literary group of social and political conservatives.
The fugitive dismissal rule applied to pre-appeal fugitivity.
www.encyclopedia.com /SearchResults.aspx?Q=fugitive   (700 words)

  
 A A World . Reference Room . Articles . Fugitive Slave Acts | PBS
Under this law fugitives could not testify on their own behalf, nor were they permitted a trial by jury.
Finally, under the 1850 act, special commissioners were to have concurrent jurisdiction with the U.S. courts in enforcing the law.
For some time during the American Civil War, the Fugitive Slave Acts were considered to still hold in the case of fls fleeing from masters in border states that were loyal to the Union government.
www.pbs.org /wnet/aaworld/reference/articles/fugitive_slave_acts.html   (409 words)

  
 The Avalon Project : Amendments Proposed in Congress by Senator John J. Crittenden, December 18, 1860
Congress shall have no power to prohibit or hinder the transportation of slaves from one State to another, or to a Territory in which slaves are by law permitted to be held, whether that transportation be by land, navigable rivers, or by the sea.
And in all such cases, when the United States shall pay for such fugitive, they shall have the right, in their own name, to sue the county in which said violence, intimidation, or rescue was committed, and to recover from it, with interest and damages, the amount paid by them for said fugitive slave.
That the act of the 18th of September, 1850, commonly called the fugitive slave law, ought to be so amended as to make the fee of the commissioner, mentioned in the eighth section of the act equal in amount, in the cases decided by claimant.
www.yale.edu /lawweb/avalon/amerdoc/critten.htm   (591 words)

  
 Compromise of 1850
The Compromise of 1850 and the Fugitive Slave Act
For slaves attempting to build lives in the North, the new law was disaster.
For Harriet Jacobs, a fugitive living in New York, passage of the law was "the beginning of a reign of terror to the colored population." She stayed put, even after learning that slave catchers were hired to track her down.
www.pbs.org /wgbh/aia/part4/4p2951.html   (716 words)

  
 Kevin Dispatch
This Act provided for the authorization of enslaved fls that had escaped from bondage, to be returned to their "rightful owners" in the state from which they had escaped.
This Act, along with all of the decisions regarding the new states was known as the Compromise of 1850.
He thought that everyone would just sit by and watch while he acted as if fl slaves were mere pieces of property, property that had to be "reclaimed" after it was "stolen" from its masters.
www.ustrek.org /odyssey/semester1/120600/120600kevrefuge.html   (862 words)

  
 The Fugitive Slave Acts - Dispatch Depot Message Board   (Site not responding. Last check: 2007-10-09)
I thought I’d post separately to explain why the fugitive slave acts were clearly “activist” statutes that depended on a “loose” construction of the Constitution that in other contexts southerners would have rejected as profoundly dangerous to their interests.
Established a “penalty” of $500 to be “forfeit[ed]” by persons who harbored fugitive slaves or obstructed their seizure or return, recoverable by the owner in a civil action.
The rendition of fugitives from justice and fugitives from labor was a requirement that the people of the States agreed to abide by when they ratified the Constitution.
civilwartalk.com /forums/showthread.php?t=24788   (4034 words)

  
 A Moment in Time: The Fugitive Slave Laws - Part I   (Site not responding. Last check: 2007-10-09)
Content: The Fugitive Slave Laws, two acts passed by congress in 1793 and 1850, made possible the recapture and return of slaves who escaped from one state to another.
The 1793 Fugitive Salve Law made it legal for slave owners to cross state lines and reclaim their slaves by presenting proof of ownership to a magistrate or federal court.
Ironically, in view of its future support for states' rights, curiously, on the fugitive slave issue, the south desperately argued for strong federal authority to govern the return of runaway slaves.
ehistory.osu.edu /world/amit/display.cfm?amit_id=2148   (419 words)

  
 Historic Documents - Amendments Proposed in Congress by Senator John J. Crittenden
That the laws for the suppression of the African slave-trade and especially those prohibiting the importation of slaves in the United States, ought to be made effectual, and ought to be thoroughly executed; and all further enactments necessary to those ends ought to be promptly made.
All were equally protected by public authority in their persons and property until the inhabitants became sufficiently numerous and otherwise capable of bearing the burdens and performing the duties of self-government, when they were admitted into the Union upon equal terms with the other States, with whatever republican constitution they might adopt for themselves.
It is scarcely questioned that this provision was intended by those who made it for the reclaiming of what we call fugitive slaves; and the intention of the lawgiver is the law.
patriotpost.us /histdocs/crittenden_amendments.asp   (7775 words)

  
 Chesnutt in the Classroom   (Site not responding. Last check: 2007-10-09)
Prigg found and captured her, using the Fugitive Slave Act as a way of justifying his actions.
It purports to punish as a public offence against that state, the very act of seizing and removing a slave, by his master, which the constitution of the United States was designed to justify and uphold.
That judgment must, therefore, be reversed, and the cause remanded [returned] to the supreme court of Pennsylvania, with directions to carry into effect the judgment of this court rendered upon the special verdict, in favor of [Prigg].
www.chesnuttarchive.org /classroom/prigg.html   (359 words)

  
 Maryland Historical Society: Baltimore Civil War Museum School Programs
With the implementation of the Fugitive Slave Act of 1793, which stated that runaway slaves could be seized in northern territories and returned to their southern masters, members of these organizations and fugitive slaves created a “secret, word-of-mouth railroad” that led enslaved African Americans to refuge in the northern states and Canada.
Slave law stated that a child born to an enslaved mother would be born a slave; likewise a child born to a free African American woman would be born a free African American.
Slave narratives emerged in the nineteenth century as a tool, used by abolitionists, to condemn slaveholders and the institution of slavery.
www.mdhs.org /learn_under_railroad_lesson.html   (3498 words)

  
 Introduction To The Massachusetts Personal Liberty Act
Article IV, Section 2 of the Constitution called for the states to surrender escaped slaves to their owners, but as abolition sentiment had grown, northern states not only refused to extradite runaway slaves but protected them from their owners and hired slave-catchers.
As part of the Compromise of 1850 designed to reduce tensions between the North and the South, Congress passed a new and tougher Fugitive Slave Act that so one-sidedly favored slave owners that it became a major propaganda weapon of the abolitionists.
For further reading: J.H. and W.H. Pease, The Fugitive Slave Law and Anthony Burns (1975); Paul Finkelman, An Imperfect Union: Slavery, Federalism, and Comity (1981); and Thomas D. Morris, Free Men All: The Personal Liberty Laws of the North, 1780-1861 (1974).
exchanges.state.gov /education/engteaching/pubs/AmLnC/br20.htm   (472 words)

  
 Chesnutt in the Classroom   (Site not responding. Last check: 2007-10-09)
An abolitionist, Sherman M. Booth was indicted on March 11, 1854 for helping a fugitive slave escape custody of a federal official in Milwaukee, Wisconsin.
Booth requested that he be released (he argued that the Fugitive Slave Act was unconstitutional; Booth was arrested because Ableman claimed he had violated the Fugitive Slave Act), and Wisconsin Supreme Court Justice A.D. Smith agreed and Booth was released.
The Fugitive Slave Acts were repealed on June 28, 1864 by the United States Congress.
www.chesnuttarchive.org /classroom/booth.html   (271 words)

  
 Harriet Tubman
Tubman was born Araminta Ross in either 1820 or 1821 on a plantation in Bucktown, Maryland to Benjamin Ross and Harriet Greene Ross (Hine 1177).
Freed slaves were called "freights." Routes were called "lines." Stopping places were called "stations." Those who helped the slaves along the way were "conductors." The Underground Railroad provided shelter, food, and assistance for runaway slaves during their flight.
Once in Canada, slaves were free from the prosecution mandated by the Fugitive Slave Acts.
faculty.brenau.edu /lewis/tubman.html   (1932 words)

  
 [No title]   (Site not responding. Last check: 2007-10-09)
Revised Statutes is hereby declared to be, that every person imprisoned or restrained of his liberty is entitled, as of right and of course, to the writ of habeas corpus, except in the cases mentioned in the second section of that chapter.
The volunteer militia of the Commonwealth shall not act in any manner in the seizure.
of any person for the reason that he is claimed or adjudged to be a fugitive from service or labor...
www.etsu.edu /cas/history/docs/maperlibact.htm   (129 words)

  
 Historic Preservation and Archaeology
After the Fugitive Slave Act of 1850, the small community of Orland, lying along Indiana's border with Michigan, spurned federal authorities and brazenly aided runaway slaves.
Barry and four others were arrested for their refusal to obey the Fugitive Slave Acts.
This building was once the barn of Captain Samuel Barry, a local abolitionist, who used it to shelter runaway slaves as part of the Underground Railroad.
www.in.gov /dnr/historic/ugrr_sites_orland.html   (101 words)

  
 Underground Railroad and late 1800s - Inquiry Unlimited practitioner formerly sited at Boston KidWeb - Joseph Lee ...
After spending four years with relatives in the South, a fifteen-year-old girl accepts the idea that slaves are property and is horrified to learn when she returns North that her home is a station on the underground railroad.
A biography of the fl woman whose cruel experiences as a slave in the South led her to seek freedom in the North for herself and for others through the Underground Railroad.
Traces the life of a slave who suffered mistreatment from her master, spent years as a fugitive from slavery in North Carolina, and was eventually released to freedom with her children.
inquiryunlimited.org /lit/underbks.html   (1280 words)

  
 Black History
Anthony Burns: the Defeat and Triumph of a Fugitive Slave, by Virginia Hamilton.
A biography of the slave who escaped to Boston in 1854, was arrested at the instigation of his owner, and whose trial caused a furor between abolitionists and those determined to enforce the Fugitive Slave Acts.
A fictionalized biography of the eighteenth-century African woman who, as a child, was brought to New England to be a slave, and after publishing her first poem when a teenager, gained renoun throughout the colonies as an important African-American poet.
www.library.armstrong.edu /Faq/newchildrensbooks/history-black.htm   (604 words)

  
 Antislavery Literature: Slavery and the North
Since slave-holders asserted that slaves were content in slavery, Burleigh points to this as a myth contradicted by abundant evidence to the contrary.
The series includes Teaching Guides to the slave narratives of Jeffrey Brace and Boston King; the rhetoric of white abolitionist Henry Clarke Wright; and early African American antislavery sermons.
The Speech of John Hossack, Convicted of a Violation of the Fugitive Slave Law
antislavery.eserver.org /tracts/burleighslaveryandthenorth   (968 words)

  
 SSRN-The Supreme Court and Congress's Power to Enforce Constitutional Rights: An Overlooked Moral Anomaly by Robert ...
Before the Civil War, Congress enacted two statutes that enforced slave owners' constitutionally secured property rights with civil remedies, including a civil fine and tort damages, and criminal penalties applicable to anyone who interfered with the slave owner's constitutional right to recover fugitive slaves.
This article shows that the framers of the Civil Rights Act of 1866 and Fourteenth Amendment used these legislative and judicial precedents to insist that Congress had to possess plenary power to enforce the fundamental rights and equality of all Americans.
It also shows that the framers acted on this presumption and exercised this plenary power by enacting the Civil Rights Act of 1866, by which they enforced the civil rights of United States citizens with the civil and criminal remedies and enforcement provisions of the Fugitive Slave Acts.
papers.ssrn.com /sol3/papers.cfm?abstract_id=652142   (502 words)

  
 Problem 1: What Lincoln Did
He categorically rejected the idea of dividing territories into slave and free areas, which was the basis of the Crittenden proposal and Weed's recommendation.
He would enforce a fugitive slave law, though he wanted modification s of the present one, and he favored the repeal of state laws-- called personal liberty laws-- which posed obstacles to the enforcement of fugitive slave acts.
And if it would put sectional antagonism permanently to rest, he would even accept the admission into the Union of the New Mexico territory, most likely as a nominal slave state, so long as the further extension of slavery ceased.
www.tulane.edu /~latner/Dilemmas/Soln1.html   (528 words)

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