when congress created act respecting fugitives justice, , persons escaping service of masters , or more commonly known fugitive slave act, responding slave owners need protect property rights, written 1787 constitution. article iv of constitution required federal government go after runaway slaves. 1793 fugitive slave act mechanism government did that, , @ point government pursue runaway slaves in state or territory, , ensure slave owners of property rights.
section 3 part deals fugitive or runaway slaves, , reads in part:
sec. 3. ...that when person held labor in of united states, or of territories on northwest or south of river ohio...shall escape other part of said states or territory, person whom such labor or service may due...is hereby empowered seize or arrest such fugitive labor...and upon proof...before judge...it shall duty of such judge...[to remove] said fugitive labor state or territory or fled.
section 4 makes assisting runaways , fugitives crime , outlines punishment assisted runaway slaves:
sec. 4. ...that person shall knowingly , willingly obstruct or hinder such claimant ...shall...forfeit , pay sum of 5 hundred dollars.
in 19th century, personal liberty laws passed hamper officials in execution of law, after abolition of slave trade, there had been little support abolition prior; indiana in 1824 , connecticut in 1828 provided jury trial fugitives appealed original decision against them. in 1840, new york , vermont extended right of trial jury fugitives , provided them attorneys. first decade of 19th century, individual dissatisfaction law of 1793 had taken form of systematic assistance rendered african americans escaping south canada or new england: so-called underground railroad.
the decision of supreme court in case of prigg v. pennsylvania in 1842 (16 peters 539)—that state authorities not forced act in fugitive slave cases, national authorities must carry out national law—was followed legislation in massachusetts (1843), vermont (1843), pennsylvania (1847) , rhode island (1848), forbidding state officials aiding in enforcing law , refusing use of state jails fugitive slaves.
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