THE FUGITIVE SLAVE ISSUE

For one last time, political leaders had removed the dangerous slavery question from congressional debate. The new Fugitive Slave Act, however, made further controversy inevitable. The law allowed special federal commissioners to determine the fate of alleged fugitives without benefit of a jury trial or even testimony by the accused individual. It prohibited local authorities from interfering with the capture of fugitives and required individual citizens to assist in such capture when called upon by federal agents. Thus, southern leaders, usually strong defenders of states’ rights and local autonomy, supported a measure that brought federal agents into communities throughout the North, armed with the power to override local law enforcement and judicial procedures to secure the return of runaway slaves. The security of slavery was more important to them than states’-rights consistency.

The fugitive slave issue affected all the free states, not just those that bordered on the South. Slave catchers, for example, entered California attempting to apprehend fugitives from Texas and New Mexico who hoped to reach freedom in British Columbia. The issue drew into politics individuals like Ralph Waldo Emerson, who, although antislavery, had previously remained aloof from the abolitionist crusade. Emerson and others influenced by transcendentalism viewed the Fugitive Slave Act as a dangerous example of how a government doing the bidding of the South could override an individual’s ability to act according to his conscience—the foundation, for Emerson, of genuine freedom.

During the 1850s, federal tribunals heard more than 300 cases and ordered 157 fugitives returned to the South, many at the government’s expense. But the law further widened sectional divisions. In a series of dramatic confrontations, fugitives, aided by abolitionist allies, violently resisted recapture. A large crowd in 1851 rescued the escaped slave Jerry from jail in Syracuse, New York, and spirited him off to Canada. In the same year, an owner who attempted to recapture a fugitive was killed in Christiana, Pennsylvania. Later in the decade, Margaret Garner, a Kentucky slave who had escaped with her family to Ohio, killed her own young daughter rather than see her returned to slavery by federal marshals. (At the end of the twentieth century, this incident would become the basis for Toni Morrison’s celebrated novel Beloved.)

An 1855 broadside depicting the life of Anthony Bums, a runaway slave captured in Boston and returned to the South in 1854 by federal officials enforcing the Fugitive Slave Act.

In the North, several thousand fugitives and free-born blacks, worried that they might be swept up in the stringent provisions of the Fugitive Slave Act, fled to safety in Canada. The sight of so many refugees seeking liberty in a foreign land challenged the familiar image of the United States as an asylum for freedom. “Families are separating,” reported a Toronto newspaper in October 1850, “leaving their homes, and flying in all directions to seek in Canada, under the British flag, the protection denied to them in the free republic.”

If you find an error or have any questions, please email us at admin@erenow.org. Thank you!