In that case, the Ohio governor, William Dennison, Jr. The court ruled that although the governor had a duty to return the fugitive from justice, he could not be compelled to do so by a writ of mandamus. This precedent was not overturned until the case of Puerto Rico v.
It is not a requirement that the accused consciously fled to avoid prosecution, only that the person did in fact flee from justice. Over the course of the Constitutional Convention issues relating to slavery complicated nearly every debate and the importance of slavery became increasingly evident. This was a small triumph for those who were uneasy about slavery, but it had no practical effect. Like the other two Clauses, the Fugitive Slave Clause did not provide for any particular enforcement powers.
Congress passed the Fugitive Slave Act of , with almost no opposition or debate, to provide for enforcement. The Act authorized a slaveowner or his agents to cross a state line, seize an alleged fugitive slave, take the slave before any judge or local magistrate, and there, upon proof of ownership, receive a certificate entitling him to return home with his captive. Financial penalties could result for interfering with the recovery of a fugitive.
It gave the alleged fugitive no protection against self-incrimination and no assurance that he could testify on his own behalf. It also did not specify a time limitation, so slaves could be claimed many years after the alleged escape. From the s until , many northern states attempted to provide some legal protections for escaped slaves who faced potential recapture in the North by passing personal liberty laws. These laws forbade the participation of state authorities or the use of state property in the capture of a fugitive.
Other laws provided runaway slaves with procedural protections that were not specified in the Act, such as trial by jury and the right to testify. By and large, however, a constitutional settlement prevailed in both northern and southern states: states had the right to determine the legal status of their own inhabitants, including defining people as slaves and authorizing their re-enslavement if they ran away to a free state; but states also had the authority to punish a kidnapper for reducing a free person to slavery, and to define procedures to protect free people from kidnapping.
Prigg v. Pennsylvania tested the constitutionality of the Pennsylvania personal liberty law. Edward Prigg had been convicted on kidnapping charges in Pennsylvania for taking a recaptured fugitive slave back to Maryland without obtaining the required certificate. The Court found that the Pennsylvania statute under which Prigg had been indicted was in conflict with the federal law of and with the Constitution.
The opinion held that only Congress had the power to pass legislation implementing the Fugitive Slave Clause. Elbridge Gerry: Defense of Conduct in Constitution Speeches in the Connecticut Convention. Resolutions of the Tradesmen of Boston. Massachusetts Centinel. A Landholder X. Reply to Maryland Landholder X. Fabius I. Fabius II. Reasons for Dissent.
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A Landholder I. Pennsylvania elects 69 delegates. Centinel III. Letter to Bushrod Washington. Delaware calls for state convention. A Landholder II. Connecticut Elects delegates for State Convent Brutus III. Essay by A Georgian. Philo-Publius II. The Landholder III. Cato V. Agrippa I. Speech to the Pennsylvania Convention, November A Landholder IV. A Democratic Federalist, November 26, The Supreme Court ruled in favor of Prigg, setting the precedent that federal law superseded any state measures that attempted to interfere with the Fugitive Slave Act.
Despite decisions like Prigg v. Pennsylvania , the Fugitive Slave Act of remained largely unenforced. By the mids, thousands of enslaved people had poured into free states via networks like the Underground Railroad.
Following increased pressure from Southern politicians, Congress passed a revised Fugitive Slave Act in In order to ensure the statute was enforced, the law also placed control of individual cases in the hands of federal commissioners. These agents were paid more for returning a suspected runaway than for freeing them, leading many to argue the law was biased in favor of Southern slaveholders.
The Fugitive Slave Act of was met with even more impassioned criticism and resistance than the earlier measure. States like Vermont and Wisconsin passed new measures intended to bypass and even nullify the law, and abolitionists redoubled their efforts to assist runaways. The Underground Railroad reached its peak in the s, with many enslaved people fleeing to Canada to escape U.
Resistance also occasionally boiled over into riots and revolts. In a mob of antislavery activists rushed a Boston courthouse and forcibly liberated an escapee named Shadrach Minkins from federal custody. Similar rescues were later made in New York, Pennsylvania and Wisconsin. Widespread opposition to the Fugitive Slave Act of saw the law become virtually unenforceable in certain Northern states, and by only around enslaved people had been successfully returned to their Southern masters.
Republican and Free Soil congressmen regularly introduced bills and resolutions related to repealing the Fugitive Slave Act, but the law persisted until after the beginning of the Civil War. But if you see something that doesn't look right, click here to contact us! A Freeman II. Brutus XI. Address by a Plebian. Massachusetts Ratifying Convention Proposed Amendm A Freeman III.
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