The Underground Railroad from Slavery to Freedom: A comprehensive history — John Shaqi
The Underground Railroad from Slavery to Freedom: A comprehensive historySiebert, Wilbur Henry
History
The Underground Railroad from Slavery to Freedom: A comprehensive history
Siebert, Wilbur Henry
Fugitive slaves -- United States; Underground Railroad
The result of the frequent transgressions of the Fugitive Slave Law
on the one hand and of the clamorous demand for a measure adequate
to the needs of the South on the other, was the passage of a new
Fugitive Recovery Bill in 1850.[42] The increased rigor of the
provisions of this act was ill adapted to generate the respect that
a good law secures, and, indeed, must have in order to be enforced.
The law contained features sufficiently objectionable to make many
converts to the cause of the abolitionists; and a systematic evasion
of the law was regarded as an imperative duty by thousands. The
Fugitive Slave Act of 1850 was based on the earlier law, but was
fitted out with a number of clauses, dictated by a self-interest
on the part of the South that ignored the rights of every party
save those of the master. Under the regulations of the act the
certificate authorizing the arrest and removal of a fugitive slave
was to be granted to the claimant by the United States commissioner,
the courts, or the judge of the proper circuit, district, or county.
If the arrest were made without process, the claimant was to take
the fugitive forthwith before the commissioner or other official,
and there the case was to be determined in a summary manner. The
refusal of a United States marshal or his deputies to execute a
commissioner's certificate, properly directed, involved a fine of
one thousand dollars; and failure to prevent the escape of the negro
after arrest, made the marshal liable, on his official bond, for the
value of the slave. When necessary to insure a faithful observance
of the fugitive slave clause in the Constitution, the commissioners,
or persons appointed by them, had the authority to summon the posse
comitatus of the county, and "all good citizens" were "commanded
to aid and assist in the prompt and efficient execution" of the
law. The testimony of the alleged fugitive could not be received
in evidence. Ownership was determined by the simple affidavit of
the person claiming the slave; and when determined it was shielded
by the certificate of the commissioner from "all molestation ...
by any process issued by any court, judge, magistrate, or other
person whomsoever." Any act meant to obstruct the claimant in his
arrest of the fugitive, or any attempt to rescue, harbor, or conceal
the fugitive, laid the person interfering liable "to a fine not
exceeding one thousand dollars, and imprisonment not exceeding six
months," also liable for "civil damages to the party injured in the
sum of one thousand dollars for each fugitive so lost." In all
cases where the proceedings took place before a commissioner he
was "entitled to a fee of ten dollars in full for his services,"
provided that a warrant for the fugitive's arrest was issued; if,
however, the fugitive was discharged, the commissioner was entitled
to five dollars only.[43]
[42] Appendix A, pp. 361-366.
[43] _Statutes at Large_, IX, 462-465.
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