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1850 Fugitive Slave Law. Law enforcement officials who chose not to arrest alleged runaway slaves could be fined $1000 ($26,600 today) A claimant’s sworn testimony was sufficient for an arrest No jury trial could be given, nor could the suspected runaway provide testimony
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1850 Fugitive Slave Law • Law enforcement officials who chose not to arrest alleged runaway slaves could be fined $1000 ($26,600 today) • A claimant’s sworn testimony was sufficient for an arrest • No jury trial could be given, nor could the suspected runaway provide testimony • Any citizen aiding an escaped slave could be fined $1000 and/or serve jail time • The federal official got $5 if the runaway was freed, but $10 if not
Effects • Turns many moderates in the North into stronger opponents of slavery and the South • Many free blacks in the North were enslaved since they had little opportunity to defend themselves in court • Northerners were now forced to participate in a practice they did not like, rather than simply ignore it • Supports belief of a Southern slave-power conspiracy
Background • Scott born a slave in VA in 1800, taken to MO in 1820, then bought by army surgeon John Emerson & taken to IL (a free state) • In 1836, Emerson & Scott move to the WI territory; Congress had banned slavery in all territories in the Missouri Compromise of 1820 • Emerson reassigned to LA but leaves Scott in WI; Emerson marries and sends for Scott to come to LA • Emerson dies, & Dredd Scott is inherited by his wife Eliza
The Case • In 1846, Scott sues for his freedom based on his past habitation in free states & territories, but keeps losing on technicalities • Reaches Supreme Court by March 1857 • Court, consisting of mostly men who support slavery, hands down decision: • Scott cannot sue bc he is black, & therefore not a citizen of the United States • The ban on slavery in territories was considered unconstitutional
Effects • Once again, outrages Northerners & fuels the theory of a slave-power conspiracy • Congress had seemed to side with the South in the K-N Act, 10 out of 15 of the first presidents were slave-owners, & now the Supreme Court had seemed to side w/ the South; that’s 3 out of 3 branches of gov. • Northerners were terrified the next ruling would be that all states had no right to ban slavery • Further fanned flames of civil war
The Good News... • Dred Scott’s 1st owner purchased freedom for he & his family 2 months after trial • BUT...Scott dies of tuberculosis 18 months later