Question
Before the Guns: The Roads to Civil War - Part 1 - American Civil War Anniversary Series
What was the difference between the original and new Fugitive Slave Law?
What was the difference between the original and new Fugitive Slave Law?
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The Fugitive Slave Law was originally part of the Compromise of 1850 and represented a significant change from earlier legislation on the issue of fugitive slaves. Here are the key differences between the original Fugitive Slave Act of 1793 and the new Law incorporated in the Compromise of 1850:
1. **Enforcement Mechanisms**:
- The original 1793 law allowed for the return of fugitive slaves but left enforcement largely to state authorities and required the involvement of local law enforcement only if a slaveholder sought help.
- The 1850 Fugitive Slave Law created a more stringent federal enforcement mechanism. It obligated federal marshals to assist in the capture of fugitives and penalized those who refused to do so.
2. **Judicial Procedures**:
- Under the 1793 law, the proceedings regarding the status of a fugitive slave were relatively informal and relied heavily on state courts.
- The 1850 law established special federal commissioners to handle cases of alleged fugitive slaves, granting them authority to issue warrants and decide cases. Importantly, these commissioners were compensated more for returning a slave than for freeing one, creating a financial incentive to side with slaveholders.
3. **Rights of the Accused**:
- The original law provided some protections to alleged fugitives, such as the right to a jury trial.
- The 1850 law significantly limited the rights of accused fugitives. It did not grant them the right to defend themselves in court or even to testify on their own behalf. The law was designed to expedite the process and remove legal tools that could delay the return of fugitive slaves.
4. **Penalties**:
- The penalties under the original law were less severe.
- The 1850 law included harsh penalties for both those assisting fugitive slaves and for the fugitives themselves. Individuals who aided runaway slaves faced fines and imprisonment.
5. **Public Response**:
- The original law had not sparked widespread public outrage.
- The 1850 law, however, met with fierce opposition, particularly in the Northern states, catalyzing anti-slavery sentiment and giving rise to the Underground Railroad and other forms of resistance against the enforcement of the law.
These changes galvanised Northern opposition to slavery, contributed to sectional tensions, and played a significant role in the lead-up to the Civil War.
1. **Enforcement Mechanisms**:
- The original 1793 law allowed for the return of fugitive slaves but left enforcement largely to state authorities and required the involvement of local law enforcement only if a slaveholder sought help.
- The 1850 Fugitive Slave Law created a more stringent federal enforcement mechanism. It obligated federal marshals to assist in the capture of fugitives and penalized those who refused to do so.
2. **Judicial Procedures**:
- Under the 1793 law, the proceedings regarding the status of a fugitive slave were relatively informal and relied heavily on state courts.
- The 1850 law established special federal commissioners to handle cases of alleged fugitive slaves, granting them authority to issue warrants and decide cases. Importantly, these commissioners were compensated more for returning a slave than for freeing one, creating a financial incentive to side with slaveholders.
3. **Rights of the Accused**:
- The original law provided some protections to alleged fugitives, such as the right to a jury trial.
- The 1850 law significantly limited the rights of accused fugitives. It did not grant them the right to defend themselves in court or even to testify on their own behalf. The law was designed to expedite the process and remove legal tools that could delay the return of fugitive slaves.
4. **Penalties**:
- The penalties under the original law were less severe.
- The 1850 law included harsh penalties for both those assisting fugitive slaves and for the fugitives themselves. Individuals who aided runaway slaves faced fines and imprisonment.
5. **Public Response**:
- The original law had not sparked widespread public outrage.
- The 1850 law, however, met with fierce opposition, particularly in the Northern states, catalyzing anti-slavery sentiment and giving rise to the Underground Railroad and other forms of resistance against the enforcement of the law.
These changes galvanised Northern opposition to slavery, contributed to sectional tensions, and played a significant role in the lead-up to the Civil War.