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.
The Act was one of the most controversial elements of the 1850 compromise and heightened Northern fears of a slave power conspiracy. It required that all escaped slaves, upon capture, be returned to the enslaver and that officials and citizens of free states had to cooperate. The Act contributed to the growing polarization of the country over the issue of slavery. It was one of the factors that led to the American Civil War.
Background
By 1843, several hundred enslaved people a year escaped to the North successfully, making slavery an unstable institution in the border states.
The earlier Fugitive Slave Act of 1793 was a Federal law that was written with the intent to enforce Article 4, Section 2, Clause 3 of the United States Constitution, which required the return of escaped slaves. It sought to force the authorities in free states to return fugitives of enslavement to their enslavers.
Many free states wanted to disregard the Fugitive Slave Act. Some jurisdictions passed personal liberty laws, mandating a jury trial before alleged fugitive slaves could be moved; others forbade the use of local jails or the assistance of state officials in arresting or returning alleged fugitive slaves. In some cases, juries refused to convict individuals who had been indicted under the Federal law.
The Missouri Supreme Court routinely held, with the laws of neighboring free states, that enslaved people who their enslavers had voluntarily transported into free states, with the intent of the enslavers' residing there permanently or indefinitely, gained their freedom as a result. The 1793 act dealt with enslaved people who escaped to free states without their enslavers' consent. The Supreme Court of the United States ruled, in Prigg v. Pennsylvania (1842), that states did not have to offer aid in the hunting or recapture of enslaved people, significantly weakening the law of 1793.
After 1840, the Black population of Cass County, Michigan, proliferated as families were attracted by White defiance of discriminatory laws, by numerous highly supportive Quakers, and by low-priced land. Free and escaping Blacks found Cass County a haven. Their good fortune attracted the attention of Southern slavers. In 1847 and 1849, planters from Bourbon and Boone counties, Kentucky, led raids into Cass County to recapture people escaping slavery. The attacks failed, but the situation contributed to Southern demands in 1850 to pass a strengthened fugitive slave act.
Southern politicians often exaggerated the number of people escaping enslavement, blaming the escapes on Northern abolitionists, whom they saw as stirring up their allegedly happy slaves, interfering with "Southern property rights". According to the Columbus [Georgia] Enquirer of 1850, The support from Northerners for fugitive slaves caused more ill will between the North and the South than all the other causes put together.
New law
In response to the weakening of the original Fugitive Slave Act, Democratic Senator James M. Mason of Virginia drafted the Fugitive Slave Act of 1850, which penalized officials who did not arrest someone allegedly escaping from slavery, and made them liable to a fine of $1,000 (). Law enforcement officials everywhere were required to arrest people suspected of escaping enslavement on as little as a claimant's sworn testimony of ownership. was declared irrelevant. The Commissioner before whom the fugitive from slavery was brought for a hearing—no jury was permitted, and the alleged refugee from enslavement could not testify—was compensated $10 if he found that the individual was proven a fugitive and only $5 if he determined the proof to be insufficient. In addition, any person aiding a fugitive by providing food or shelter was subject to six months imprisonment and a $1,000 fine. Officers who captured a fugitive from slavery were entitled to a bonus or promotion for their work.
Enslavers needed only to supply an affidavit to a Federal marshal to capture a fugitive from slavery. Since a suspected enslaved person was not eligible for a trial, the law resulted in the kidnapping and conscription of free Blacks into slavery, as purported fugitive slaves had no rights in court and could not defend themselves against accusations.