Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-nr4z6 Total loading time: 0 Render date: 2024-05-01T09:32:31.681Z Has data issue: false hasContentIssue false

7 - Not a Fugitive Was Seized

Published online by Cambridge University Press:  05 July 2015

Steven Lubet
Affiliation:
Northwestern University, Illinois
Get access

Summary

THE NATION WAS IN CRISIS IN 1850, with the Southern states threatening to secede over the question of slavery in the Mexican Cession. Henry Clay, and later Stephen Douglas, brokered a compromise to save the Union, in which California was admitted to the Union as a Free state, Texas relinquished its claims to New Mexico and other territory in exchange for the assumption of its debts by the federal government, and the slave trade was abolished in Washington, D.C. One further element of the Compromise of 1850 stuck much closer to Oberlin. In a major concession to the South, Congress enacted an amendment to the Fugitive Slave Act of 1793 – in reality, a completely new law – that virtually federalized the rendition of runaway slaves.

The Fugitive Slave Act of 1850 was deeply unpopular in the North, and not only among abolitionists. Its central feature was the authorization of U.S. commissioners – a class of part-time subjudges whose powers were otherwise very limited – to preside over all fugitive slave proceedings and to issue “certificates of removal” at the request of slave owners. The goal of the Act was to override the jurisdiction of state courts in the North, which were thought to be too protective of runaways. That was bad enough, but other aspects of the law made it even more objectionable. Alleged fugitives were prohibited from testifying in their own defense, could not demand jury trials, and were denied the right to appeal. The certificate of a Southern court – obtained ex parte by a slave owner – was deemed conclusive proof of slave status and escape. The commissioner was left to decide only the question of identity, which could be based on “a general description of the person so escaping, with such convenient certainty as may be.” Moreover, the commissioner was to be paid a fee of $10 for allowing rendition, but only $5 for denying the certificate of removal.

Type
Chapter
Information
The 'Colored Hero' of Harper's Ferry
John Anthony Copeland and the War against Slavery
, pp. 55 - 59
Publisher: Cambridge University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Not a Fugitive Was Seized
  • Steven Lubet, Northwestern University, Illinois
  • Book: The 'Colored Hero' of Harper's Ferry
  • Online publication: 05 July 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139872072.009
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Not a Fugitive Was Seized
  • Steven Lubet, Northwestern University, Illinois
  • Book: The 'Colored Hero' of Harper's Ferry
  • Online publication: 05 July 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139872072.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Not a Fugitive Was Seized
  • Steven Lubet, Northwestern University, Illinois
  • Book: The 'Colored Hero' of Harper's Ferry
  • Online publication: 05 July 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139872072.009
Available formats
×