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Fugitive Slave Act

 every bit a business office of a larger compromise orchestrated past times Senator Henry Clay of Kentucky inward an att Fugitive Slave Act
Fugitive Slave Act

The Fugitive Slave Act was enacted inward 1850 every bit a business office of a larger compromise orchestrated past times Senator Henry Clay of Kentucky inward an effort to field the growing rift betwixt the North too South over the expansion of slavery into the Western territories.

The law, which was basically a revision of the 1793 Fugitive Slave Law, was seen every bit a federal conspiracy past times both northerners too southerners too made the prospect of liberty for blacks, northward too south, slave too free, look fifty-fifty farther out of reach.

The Fugitive Slave Law of 1793 was passed inward a similar climate of sectional differences next the American Revolution (1775 - 1783) too the emergence of the U.S.A. every bit a nation. In 1793, slavery had been abolished or was beingness abolished inward viii of the northern states spell it remained legal inward 7 southern states.

 every bit a business office of a larger compromise orchestrated past times Senator Henry Clay of Kentucky inward an att Fugitive Slave Act every bit a business office of a larger compromise orchestrated past times Senator Henry Clay of Kentucky inward an att Fugitive Slave Act

The U.S.A. Congress passed the constabulary inward 1793 inward lodge to let slave catchers to render fugitive slaves inward the costless states dorsum to their owners inward the South. The constabulary simply required oral testimony past times the slave catcher that the individual he had constitute was indeed a slave. The individual hence captured had no guarantee to the correct of trial too whatever individual constitute guilty of harboring the defendant fugitive would direct keep to pay a fine of $500.

The constabulary express the rights of blacks inward the North whether a fugitive or born free, because it made it possible for slave catchers to abduct whatever dark individual from the North too simply claim that he or she was a runaway slave. Even if an abducted dark could evidence that he or she had been born costless or had been laid free, their express rights to a trial meant that such evidence may non last permitted inward court.

Recognizing the disparity betwixt the constitutional rights given to U.S. citizens too the restrictions placed on blacks inward the North due to the 1793 laws, many northerners fought to exceed nation laws that would render its dark citizens amongst some effective agency of getting around the federal law.

Between the passage of the get-go Fugitive Slave Law of 1793 too the minute of 1850, several northern states enacted a serial of personal liberty laws that would let captured blacks defendant of beingness fugitives the correct to trial past times jury too would postulate written documentation of their ownership to last presented past times their captors.

Many such laws likewise provided for the prosecution of kidnappers who abducted costless blacks inward the North too forbade the purpose of nation facilities inward assisting amongst such endeavors. Such concessions given to blacks inward the North angered southern slave owners, who claimed that the northern states were conspiring against them too denying them of their holding too prompted the South to clamor for to a greater extent than rigorous federal enforcement of the 1793 law.

The hollo for for an terminate to sectional disagreements inward both the Whig too Democratic Parties culminated inward Clay’s Compromise of 1850. This compromise consisted of 5 separate bills:
  1. The admission of California every bit a costless state.
  2. Moving the Texas edge east, out of New United Mexican States territory.
  3. The arrangement of the Arizona, Nevada, New Mexico, too Utah territories amongst a provision that pop sovereignty would create upward one's hear if they would afterwards last admitted every bit slave or costless states.
  4. The Fugitive Slave Act.
  5. The abolition of the slave merchandise inward Washington, D.C.
As the biggest concession to slave owners inward the South, the novel Fugitive Slave Act of 1850 succeeded inward rolling dorsum some of the rights attained past times blacks inward the North past times overriding the laws of private states inward mandating the render of runaway slaves.

Clay’s mouth for the Fugitive Slave Act was divided into 4 sections. The get-go allowed the claimant (either the possessor or the slave catcher) to direct keep the defendant fugitive to whatever court, commissioner, clerk, marshal, postmaster, or customs official to stake his claim inside the nation where the alleged fugitive was apprehended. All of the officials of the get-go section, amongst the exception of the federal marshal, were granted the authorisation past times the minute department to number a warrant for the arrest of the accused.

The 3rd department doubled the fine laid downwards inward 1793 from $500 to $1,000 to anyone constitute guilty of harboring the defendant fugitive or to whatever federal marshal who failed to enforce the law. The terminal department of the mouth gave federal marshals the correct to deed inward house of the possessor or the owner’s agent inward capturing suspected fugitives.

Once the mouth was passed into law, the deed farther mandated that commissioners presiding over the cases of defendant fugitive slaves would have a $5 paperwork fee if the defendant was laid costless too a $10 fee if the defendant was constitute guilty too returned to slavery.

Political opponents of the constabulary inward the North argued that the divergence inward the amount paid to the commissioner based on the ruling would entice officials to uncovering inward favor of the slave catcher inward lodge to earn to a greater extent than coin inward such cases.

Southerners, on the other hand, argued that the constabulary did non produce plenty to ensure that their holding was beingness returned too farther argued that northerners were conspiring against them past times non attempting to enforce the law. Sectional rivalries betwixt northern too southern whites continued every bit usual, spell blacks inward both the North too the South constitute their prospects for liberty inward the U.S.A. severely limited.

Though it is unclear whether or non the constabulary truly stopped slaves from attempting to escape to freedom, it is clear that those blacks who had already constitute their liberty inward the North had ground to fearfulness the novel law.

Within the get-go twelvemonth too a one-half of the law’s enactment, solely 5 out of eighty-nine defendant fugitives were laid free. Many northern blacks, fearing seizure, fled farther northward to Canada. Between the fourth dimension the mouth was passed into constabulary inward belatedly September of 1850 too the terminate of the year, an estimated 3,000 blacks had fled to Canada.

Questions of who the constabulary truly benefited too who it conspired against became irrelevant amongst the eruption of the American Civil War (1861 - 1865) too the subsequent enactment of Abraham Lincoln’s Emancipation Proclamation inward 1863.

Slave Power

 northerners opposed to slavery feared that a modest grouping of southern slave Slave Power
Slave Power

During the antebellum period, northerners opposed to slavery feared that a modest grouping of southern slave-holders was conspiring to gain command of the federal regime together with run it to farther southern slave-holding interests. These northerners argued that the conspiracy sought to expand the South’s political ability at the expense of northern whites’ liberties.

The Republican Party, which developed during the tense sectional politics of the 1850s, made the fullest run of this argument. Its leading figures, such equally Charles Sumner, William Seward, together with Joshua Giddings, were amidst the most active proponents of the theory that a “Slave Power Conspiracy” existed inwards the South.

Their arguments asserted that this conspiracy was committed to the defence forcefulness of slavery together with was an aristocratic relic inwards democratic America, 1 that failed to observe such basic rights equally liberty of speech, assembly, the press, together with conscience.

 northerners opposed to slavery feared that a modest grouping of southern slave Slave Power northerners opposed to slavery feared that a modest grouping of southern slave Slave Power

From 1845 to 1860, the number of northerners who came to believe inwards the beingness of the conspiracy increased considerably. Though at that topographic point was no cabal of slaveholders who truly tried to assume command of the federal government, the words together with actions of the men of the slaveholding southern states led many northerners to fright that such a conspiracy existed.

Fear of conspiracies had a historical precedent inwards the United States, together with was 1 of the reasons why northerners gave acceptance to the Slave Power Conspiracy. They could refer to a number of conspiracy theories believed to remove keep threatened republican liberties inwards America.

During the colonial era, England had sought to deprive American colonists of their liberties. After the Revolution, at that topographic point were charges that the Bavarian Illuminati sought to subvert the American Republic.

Federalists together with Jeffersonian Republicans traded allegations that the other political party sought to sell out the novel nation to either Great UK of Britain together with Northern Republic of Ireland or France. Burr’s conspiracy of 1804, fright of Masonic subterfuge inwards the 1820s together with 1830s, together with the suspected designs of the Catholic Church were 3 to a greater extent than examples of alleged conspiracies inwards the midst of republican America.

Antislavery northerners could non concur upon the number of southern members of the conspiracy. William Seward believed at that topographic point were 350,000 southerners involved, but Gamaliel Bailey included all household unit of measurement members of slaveholders together with thus came upwardly alongside the figure of 2 million.

 northerners opposed to slavery feared that a modest grouping of southern slave Slave Power
Lincoln, the republicans, together with slave power

Other proponents of the “Slave Power” theory included inwards the count northerners who had concern relationships or political sympathies alongside the slaveholding South. Despite these varying estimates, all agreed that the political ability of this conspiracy was considerable equally it drew upon the wealthiest, most politically influential segment of southern gild (Gienapp).

Members of the “Slave Power” shared a belief inwards several principles. First, they accepted the premise of the “positive good” declaration nearly slavery, believing that slavery lifted the African out of savagery together with heathenism together with turned him into a Christian servant, cheerfully laboring for a kindly master copy who together with so cared for the slave inwards his declining years.

Second, these slaveholders believed that they had a correct to ain the labor, equally good equally the bodies, of their slaves. Third, the slaveholders argued that slavery was legal together with constitutional.

 northerners opposed to slavery feared that a modest grouping of southern slave Slave Power northerners opposed to slavery feared that a modest grouping of southern slave Slave Power northerners opposed to slavery feared that a modest grouping of southern slave Slave Power

They believed that zip inwards the Constitution precluded the ownership of slaves; inwards fact, they asserted that the Constitution protected their ownership of slaves through the protection of private holding afforded yesteryear the Fifth Amendment, which protects life, liberty, together with holding from dry soil seizure without due process. They asserted that slavery was largely a dry soil matter, regulated yesteryear private states, which supported the establishment through the creation of elaborate slave codes.

Origins of the Conspiracy

Abolitionists were the initiative off grouping to brand the accuse that a “Slave Power” existed. Their postal drive of 1835, which sent abolitionist literature to southern slaveholders, together with petition drives, which inundated Congress alongside abolitionist petitions, drew the immediate ire of southern whites. President Andrew Jackson instructed southern postmasters non to deliver this literature.

In 1836, the House of Representatives, nether pressure level from southerners, adopted the “gag rule,” which tabled without word all abolitionist petitions sent to that body. Protection of slavery superseded protection of First Amendment rights for northerners. Abolitionists began to publicize these attacks on the liberties of northern whites, together with this proved to locomote an effective strategy that would pay dividends inwards subsequently decades.

Though abolitionists began to run the concept of the “Slave Power” around 1835, some abolitionists together with northern politicians went dorsum to the offset of the federal regime to seek the origins of the “Slave Power.” They discovered the roots of the work inwards some of the compromises made at the Constitutional Convention of 1787.

These compromises included the three-fifths clause, which gave the South additional political power; a provision for a fugitive slave law, subsequently passed inwards 1793, which obligated northern states to provide runaway slaves to their original states; together with the twenty-year extension of the international slave merchandise until 1808.

The Missouri Crisis of 1819–1821 reawakened fears of the expansion of slavery amidst many northerners. Missouri was business office of the Louisiana Purchase together with lay on the westward banking concern of the Mississippi River, where it served equally the gateway to the western territories.

Northern concerns included the damaging consequence of slavery on the gratis project economic scheme of the western territories, the preservation of western lands for white non-slaveholding men, the failure of the US of America to alive upwardly to the ideals enshrined inwards the Declaration of Independence together with the Constitution, the growth of southern political power, together with the growing opposition to the establishment of slavery. The Tallmadge Amendment, proposed yesteryear James Tallmadge, sought to ban the farther importation of slaves into Missouri together with to laid out the procedure of gradual emancipation inwards that state.

The Missouri Compromise of 1820, however, permitted Missouri to shape a dry soil regime without regard to slavery, but it also created a geographic line of piece of work at 36°30' northward latitude (the southern boundary of Missouri) inwards a higher house which slavery could non expand into the residual of the Louisiana Purchase. It also admitted Maine into the union, thus preserving the sectional balance betwixt gratis together with slave states.

The side yesteryear side major trial that contributed to the fright of a “Slave Power Conspiracy” was the Texas annexation number of 1845. Texas had gained its independence from United Mexican States inwards 1836, but U.S. presidents had rebuffed Texans’ requests for annexation. Fear of state of war alongside United Mexican States together with sectional discord at domicile over the slavery number were the deciding factors inwards those decisions.

There was an equal number of gratis together with slave states inwards the Union, together with Texas, which would locomote a slave state, threatened to disrupt this balance of power. John Tyler, hoping to win reelection inwards 1844, used the number of Texas annexation equally a political tool.

His reelection bid failed, but Texas entered the Union equally a slave dry soil inwards 1845. Some extreme northerners, such equally John Smith Dye, charged that John C. Calhoun led the plot to annex Texas, together with when President William Henry Harrison refused to assent to the plan, the president died of an disease that resembled arsenic poisoning.

Calhoun claimed Tyler, the lately inaugurated vice-president, was fully inwards understanding alongside Calhoun’s plan, pointing to the fact that Tyler appointed Calhoun secretarial assistant of dry soil together with several years later, Texas was a slave state.

However, this interpretation left out 2 substitution points: first, the US of America had long sought Texas, together with second, the US of America feared that Great UK of Britain together with Northern Republic of Ireland mightiness shape an alliance alongside Texas, a diplomatic displace that would remove keep derailed the expansionist goals of Manifest Destiny.

The annexation of Texas helped pave the way for a state of war alongside Mexico, a state of war that antislavery northerners believed to locomote motivated yesteryear southern slaveholders bent on the acquisition of to a greater extent than territory for slavery southward of 36°30'.

During this war, David Wilmot, a Democrat from Pennsylvania, proposed an amendment to a spending nib that demanded that slavery non locomote permitted to spread into whatever territories that the US of America mightiness larn from Mexico. The amendment, known equally the Wilmot Proviso, attracted dandy back upwardly amidst northern Democrats together with Whigs, together with passed inwards the House of Representatives, thank y'all to a northern bulk inwards that chamber.

The amendment died inwards the Senate, where the 2 sections enjoyed parity. The Wilmot Proviso thus went the way of the Tallmadge Amendment, supported inwards the House but rejected inwards the Senate. Antislavery northerners chalked upwardly this defeat to southern political ability aided yesteryear its northern allies.

The Growing Threat of “Slave Power”

Out of the Mexican War came the Mexican Cession, which gave the US of America a massive improver of dry soil inwards the southwest together with along the Pacific coast. When the territory of California asked to locomote admitted into the Union equally a gratis dry soil inwards 1850, southerners feared the loss non solely of valuable territory but also of political power.

California’s entry into the Union would contestation the balance of ability inwards the Senate inwards the North’s favor together with violent debates erupted inwards Congress. Out of the sectional bitterness emerged the Compromise of 1850, which allowed California to locomote a gratis dry soil together with also resulted inwards a novel Fugitive Slave Law. This police delineate concerned many northerners because it placed the national regime inwards the seat of aiding the recapture of fugitive slaves.

Federal marshals could require whatever northerner to assist inwards a search for runaway slaves, without regard to northern citizens’ feelings nearly slavery. The police delineate also stripped the defendant fugitive of the rights of habeas corpus, trial yesteryear jury, together with testifying on his or her ain behalf.

Abolitionists used these features of the police delineate to combat their instance to adept effect, alert that what happened to the defendant fugitive slaves could hap to gratis white men. They also warned that slaveholders wished to spread slavery throughout the nation together with the Americas.

In the 1850s, many antislavery northerners grew concerned nearly growing ties betwixt southern expansionists together with the national regime together with the possible improver of novel slave states to the union. One such illustration of these unopen ties was the Ostend Manifesto (1854).

Three U.S. ministers met inwards Ostend, Belgium, together with issued this manifesto, which declared that Castilian claims to Republic of Cuba were unnatural together with that Kingdom of Spain ought to sell the isle to the United States. The manifesto asserted that the US of America should seize Republic of Cuba if it failed inwards its efforts to buy it from Spain.

At this fourth dimension at that topographic point were also several efforts led yesteryear southern filibusters to works life U.S. command over Republic of Cuba together with Nicaragua. Fears of presidential back upwardly for these ventures were greatly exaggerated, equally the actions taken yesteryear the administrations of Presidents Franklin Pierce together with James Buchanan to disavow them or to halt filibustering expeditions attested (May).

Northern fears of southern expansionism were non express to overseas activities. There was fifty-fifty greater concern that slavery would spread to the western territories. When Senator Stephen Douglas of Illinois proposed the Kansas-Nebraska Act inwards 1853, which would practise territories through which a transcontinental railroad would locomote constructed, he needed southern back upwardly inwards monastic tell to win its passage.

Douglas seized upon the thought of pop sovereignty, which allowed the residents of a territory to determine if it would locomote slave or free. Since the territories inwards interrogation lay northward of the Missouri Compromise line, Douglas’s proposal meant the repeal of the 1820 line. The Kansas-Nebraska Act passed Congress inwards 1854, but led to increased fright of the beingness of the “Slave Power Conspiracy.”

Both North together with South sent settlers to Kansas, the territory most probable to locomote a slave state, to determine the territory’s gratis or slave status. After a fraudulent ballot, inwards which Missouri “border ruffians” illegally cast ballots, a proslavery regime began inwards Lecompton.

Under the proslavery constitution, men who espoused antislavery opinions lost their correct to vote, patch supporters of slavery from exterior the territory could vote, equally long equally they swore to back upwardly the Fugitive Slave Law together with the Kansas-Nebraska Act together with paid a dollar on election day.

Newspapers that opposed slavery committed a felony together with their editors faced imprisonment, patch the decease penalization awaited those who helped slaves escape. Free-state Kansans established a competition regime inwards Topeka together with during the ensuing impasse, Kansas descended into a civil war.

Proslavery forces “sacked” the free-state town of Lawrence inwards May 1856, an activity widely reported inwards northern newspapers sympathetic to the novel Republican Party, whose stated destination was to halt the western expansion of slavery inwards the territories. These accounts strengthened the conviction that the Slave Power was at work, attempting to spread slavery into Kansas yesteryear whatever agency possible.

Additional evidence of the willingness of the “Slave Power” to run violence to defend slavery occurred that same calendar week inwards Washington when Representative Preston Brooks of South Carolina assaulted Senator Charles Sumner of Massachusetts. Sumner had spoken against the outrages inwards Kansas, slavery, together with the defenders of slavery, including Senator Andrew Butler, Brooks’s uncle.

Brooks hitting Sumner on the caput alongside a cane several times together with inflicted serious injuries that kept Sumner from his Senate duties for 2 together with a one-half years. Southern newspapers together with pop catch defended this attack. These defenses prompted renewed fears inwards the North that the civil liberties together with physical security of slavery’s opponents were inwards grave peril.

From the Dred Scott Case to Secession

In 1857, the Supreme Court decided the instance of Dred Scott v. Sanford. The courtroom decided that Dred Scott, a slave from Missouri, could non sue because he was non a citizen, together with that blacks could never locomote citizens, that slaves were constitutionally protected property, together with thus that Congress could non regulate or bound slavery inwards the territories.

The Missouri Compromise of 1820 together with pop sovereignty were declared unconstitutional together with thus the instance opened the way for the expansion of slavery throughout the territories. Many Republicans defendant President James Buchanan, who had discussed the instance alongside several justices earlier his inauguration, together with the Supreme Court of conspiring alongside the Slave Power to convey nearly this outcome.

This conclusion was untrue equally the Supreme Court was bitterly divided over the instance together with Buchanan’s remarks nearly the impending determination were typed earlier he spoke alongside the justices at his inauguration. Notwithstanding, many northerners at 1 time feared that the side yesteryear side footstep of the Supreme Court would locomote to strike downwards northern dry soil laws that forbade slavery’s existence, thus nationalizing slavery.

Buchanan became the focus of some other struggle involving the “Slave Power” inwards 1858 when he presented the Lecompton Constitution to Congress together with defended it equally the volition of the people of Kansas. Voters inwards Kansas had overwhelmingly rejected the proposed constitution, but Buchanan asserted that Kansas was a slave dry soil together with that free-state forces were disloyal. To deny Kansas admission to the wedlock equally a slave state, he asserted, would anger the South.

Republicans denounced Buchanan equally a willing tool of the “Slave Power,” together with charged that southerners sought a slave dry soil to counterbalance California together with restore a sectional balance of power. In the end, alongside the assist of Stephen Douglas, Congress rejected the Lecompton Constitution. Kansas would eventually bring together the Union equally a gratis dry soil during the presidency of Abraham Lincoln.

In the belatedly 1850s, potent sentiment for reopening the African slave merchandise emerged inwards the cotton-producing states of the Deep South. Supporters of this movement claimed that the 1808 prohibition was unconstitutional together with a reply to northern antislavery fanaticism.

Defenders of this policy argued that additional slaves would give the South greater political ability inwards the House of Representatives, where the three-fifths clause held sway, together with restore a sectional balance of power.

The concluding dandy human activity of the “Slave Power” was secession from the Union, offset alongside South Carolina on 20 Dec 1860. Slaveholders feared that the novel Republican management of President Lincoln, elected inwards 1860, would comprehend an abolitionist policy toward slavery inwards the South.

What began equally an elbow grease to protect slavery from regime interference ended inwards failure equally the Confederacy lost the Civil War. The Emancipation Proclamation together with the Thirteenth Amendment pose an halt to slavery together with fears of a “Slave Power.”