Congress | 1850
Part of the so-called congressional “Compromise of 1850,” this second federal Fugitive Slave Act aggressively extended the provisions of the original 1793 Act. Law enforcement officials were required to arrest people suspected of escaping enslavement on as little as a claimant’s sworn testimony of ownership. The Commissioner before whom the fugitive from slavery was brought for a hearing was compensated $10 if he found that the individual was proven a fugitive, but 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. The Act was broadly condemned in the North and prompted multiple instances of violent resistance. Although the Supreme Court upheld Congress’s power to pass such laws in Prigg v. Pennsylvania, Northern states resisted enforcement of the law on their soil. Wisconsin, for example, invoked the compact theory of the Constitution and insisted it retained the right to “nullify” what they believed was an unconstitutional law.
Class of 1921 Bicentennial Professor in the History of American Law and Liberty, and Professor of History at Princeton University
E. Claiborne Robins Distinguished Professor of Law at the University of Richmond
Section 6
And be it further enacted, That when a person held to service or labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due . . . may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge, or commissioner . . .. In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever.
Section 7
And be it further enacted, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue, such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid; or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months . . . and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars for each fugitive so lost as aforesaid, to be recovered by action of debt, in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed.
