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04/22/16

The Fugitive Slave Act of 1850

This entry is part 11 of 18 in the series The Roots of the Civil War

Slaves in antebellum America-The Fugitive Slave Act of 1850The most divisive law of the antebellum period was easily the Fugitive Slave Act of 1850 just as the Dred Scott decision was the most divisive court ruling. The law was passed as part of the Compromise of 1850 along with five other specific laws that attempted to maintain the balance between slave states and free states.

The act was passed by the was passed by the Senate 27-12, and by the House 109-76 on September 18, 1850. It was immediately signed by President Millard Fillmore. It was a successor to the earlier Fugitive Slave Act of 1793. That law  was written with the intention of enforcing Article 4, Section 2 of the United States Constitution, which required the return of runaway slaves.

It sought to force the authorities in free states to return fugitive slaves to their masters. But officials in Northern states used a variety of means to circumvent the earlier law. They passed “personal liberty laws“. These laws mandated a jury trial before alleged fugitive slaves could be moved and others forbade the use of local jails or the assistance of state officials in the arrest or return of 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 that voluntary transportation of slaves into free states, with the intent of residing there permanently or definitely, automatically made them free. The Fugitive Slave Law dealt with slaves who went into free states without their master’s consent. The U.S. Supreme Court ruled, in Prigg v. Pennsylvania (1842), that states did not have to offer aid in the hunting or recapture of slaves, greatly weakening the law of 1793.

The Southern states saw the non-cooperation of Northern states as a means of gradually bleeding away their property rights. In some cases Southern slaveholders organized raids into Northern states in order to capture fugitive slaves.

In 1847 and 1849, planters from Bourbon and Boone Counties in northern Kentucky led raids into Cass County, Michigan to recapture runaway slaves. The raids failed of their objective but strengthened Southern demands for passage of the Fugitive Slave Act in 1850.

The Compromise of 1850 gave the Southerners in Congress the opportunity to strengthen the earlier law. The new law made any Federal marshal or other official who did not arrest an alleged runaway slave liable to a fine of $1,000 (about $28,000 in present-day value).

Law-enforcement officials everywhere now had a duty to arrest anyone suspected of being a runaway slave on no more evidence than a claimant’s sworn testimony of ownership. The suspected slave could not ask for a jury trial or testify on his or her own behalf.

In addition, the law made any person aiding a fugitive slave subject to six months’ imprisonment and a $1,000 fine. Meanwhile, officers who captured fugitive slaves were entitled to to a bonus or promotion for their work.

The opportunities for the abuse of the law were rampant. Being unable to testify in court many free blacks were captured and transported South to spend years in slavery even though they were free. The case of Solomon Northup, free-born black man from New York State is just one among many. His story was told in 12 Years a Slave, a book that he wrote after he was freed by a court in Louisiana.

In November 1850 Vermont’s  legislature approved the “Habeas Corpus Law,” requiring Vermont judicial and law enforcement officials to assist captured fugitive slaves. This law rendered the federal Fugitive Slave Act effectively unenforceable in Vermont and caused a storm of controversy nationally because it was a “nullification” of federal law, a concept that had become highly charged in debates over slavery.

The Wisconsin Supreme Court  declare the Fugitive Slave Act unconstitutional in 1854, as a result of a case involving fugitive slave Joshua Glover, and Sherman Booth, who led efforts that thwarted Glover’s recapture. Ultimately, in 1859 in Ableman v. Booth the U.S. Supreme Court overruled the state court.

In November 1850 Vermont’s  legislature approved the “Habeas Corpus Law,” requiring Vermont judicial and law enforcement officials to assist captured fugitive slaves. This law rendered the federal Fugitive Slave Act effectively unenforceable in Vermont and caused a storm of controversy nationally because it was a “nullification” of federal law, a concept that had become highly charged in debates over slavery.

In essence the Fugitive Slave Law of 1850 made every person who aided or assisted a runaway slave into a criminal. It’s enforcement in the North brought the issue of slavery home to citizens there. Abolitionists were faced with the prospect of breaking the law or going against their personal beliefs. Uncle Tom’s Cabin written by Harriet Beecher Stowe in 1852 was one response to the law.

Abolitionists continued to aid runaway slaves and after the signing of the law Canada became a destination of choice. There the former slaves would enjoy absolute freedom without a fear of being returned to their former state of slavery.

 

 

 

03/29/16

Josiah Henson, the inspiration for Uncle Tom’s Cabin

This entry is part 5 of 5 in the series The Voice of the Slaves

Josiah HensonBefore there was an Uncle Tom’s Cabin, there was Josiah Henson, a Maryland slave whose book,  The Life of Josiah Henson, Formerly a Slave, Now an Inhabitant of Canada, as Narrated by Himself is widely believed to have inspired Harriet Beecher Stowe’s character of George Harris. The character Harris, a fugitive slave, returned to rescue his wife in Kentucky, escaped across the Ohio River and ultimately to freedom in Canada.

Josiah Henson was born in 1789 on a farm near Port Tobacco, Maryland in Charles County. As a child he saw his father brutally punished for standing up to his owner by being whipped with 100 lashes and having his ear nailed to the whipping post and then cut off. He was later sold further South to a new master in Alabama.

After the death of his master, the entire family was sold to pay off their late master’s debts. Henson’s mother convinced her new owner, Isaac Riley, to buy back her youngest child, Josiah, which he did. Riley put Josiah to work as a field hand and never regretted his decision because eventually he was entrusted as the supervisor of his master’s farm, located in Montgomery County, Maryland (in what is now North Bethesda).

In 1825 Riley had fallen into economic hardship and was sued by his brother-in-law. He delegated Henson to take 18 slaves to his brother in Kentucky. His brother had agreed to purchase them and relieve Isaac of his debt. Henson was tasked to remain in Kentucky, even though he remained the property of Isaac. In September 1828 he returned to Maryland and attempted to buy his freedom but Isaac Riley cheated him of the $350 he had saved.

Henson returned to Kentucky and when he learned that he might be sold, escaped to Kent Canada, Upper Canada in 1830. There he founded a settlement and laborer’s school for other fugitive slaves at Dawn, Canada West. Henson crossed into Upper Canada via the Niagara River, with his wife Nancy and their four children.

Canada had become a refuge of fugitive slaves after 1793 when Lieutenant-Governor John Graves Simcoe passed “An Act to prevent further introduction of Slaves, and to limit the Term of Contracts for Servitude within this Province”. The legislation did not immediately end slavery in the colony, but it did prevent the importation of slaves, meaning that any U.S. slave who set foot in what would eventually become Ontario, was free.

Henson eventually founded what would become known as the Dawn Settlement. It eventually prospered, reaching a population of 500 at its height, and exporting black walnut lumber to the United States and Britain.Henson also became an active Methodist preacher, and spoke as an abolitionist on routes between Tennessee and Ontario.

He advocated in support of literacy and education for Blacks, toured parts of the United States and Britain to raise funds to support his activities and helped Black Canadians to join the Union Army to fight against slavery during the American Civil War.

He also served in the Canadian army as a military officer, having led a Black militia unit in the Rebellion of 1837. Though many residents of the Dawn Settlement returned to the United States after slavery was abolished there, Henson and his wife continued to live in Dawn for the rest of their lives. Henson died at the age of 93 in Dresden, on May 5, 1883.

Henson’s autobiography was initially published in Boston in early 1849 by Arthur D. Phelps. Over the next three years it sold 6,000 copies and when it was became known that Henson’s narrative was the model for Uncle Tom’s Cabin, his sale increased to a total of 100,000. The book detailed the life of Henson from birth to the founding of the colony.

Henson issued an expanded version of his memoir in 1858, Truth Stranger Than Fiction. Father Henson’s Story of His Own Life. Interest in his life continued, and nearly two decades later, his life story was updated and published as Uncle Tom’s Story of His Life: An Autobiography of the Rev. Josiah Henson (1876).