Personal liberty laws
Encyclopedia
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The personal liberty laws were a series of law
s passed by several U.S. state
s in the North
in respone to the Fugitive Slave Acts of 1793
and 1850.
, freedmen
, and fugitive slave
s by effectively nullifying the Fugitive Slave Law without actually invoking the controversial doctrine of nullification
. This was done through provisions such as forbidding the use of state jail
s to imprison alleged fugitives, to prevent state officials from enforcing the strict law, and compelling slave bounty hunter
s to furnish corroborative proof that his captive was a fugitive, as well as according the accused the rights to trial by jury
and appeal
. Laws in some states made it easier to extradite a runaway if slave status were confirmed.
In Prigg v. Pennsylvania
(1842), the U.S. Supreme Court
determined that personal liberty laws were unconstitutional. The court held that the laws interfered with the Fugitive Slave Act and that while states were not compelled to enforce the federal law, they could not override it with other enactments.
The Prigg decision caused several Northern states to amend their laws, which specified that law enforcement officials and jurists refrain from doing anything about runaway slaves. The only other option left to slave catchers was to kidnap runaways, and then either return them to their owners, or force them to appear before federal judges
who were not held to state statutes.
, some of the Northern states agreed to repeal these bills if it meant that all Confederate
states would rejoin the Union
. The Rhode Island state legislature repealed their law in January of 1861 in hopes of preserving the Union.
The personal liberty laws were a series of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s passed by several U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s in the North
Northern United States
Northern United States, also sometimes the North, may refer to:* A particular grouping of states or regions of the United States of America. The United States Census Bureau divides some of the northernmost United States into the Midwest Region and the Northeast Region...
in respone to the Fugitive Slave Acts of 1793
Fugitive Slave Act of 1793
The Fugitive Slave Clause of the U.S. Constitution guaranteed the right of a slaveholder to recover an escaped slave...
and 1850.
Origins
The laws were designed to protect free blacksBlack people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...
, freedmen
Freedman
A freedman is a former slave who has been released from slavery, usually by legal means. Historically, slaves became freedmen either by manumission or emancipation ....
, and fugitive slave
Fugitive slave
In the history of slavery in the United States, "fugitive slaves" were slaves who had escaped from their master to travel to a place where slavery was banned or illegal. Many went to northern territories including Pennsylvania and Massachusetts until the Fugitive Slave Act of 1850 was passed...
s by effectively nullifying the Fugitive Slave Law without actually invoking the controversial doctrine of nullification
Nullification (U.S. Constitution)
Nullification is a legal theory that a State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional...
. This was done through provisions such as forbidding the use of state jail
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
s to imprison alleged fugitives, to prevent state officials from enforcing the strict law, and compelling slave bounty hunter
Bounty hunter
A bounty hunter captures fugitives for a monetary reward . Other names, mainly used in the United States, include bail enforcement agent and fugitive recovery agent.-Laws in the U.S.:...
s to furnish corroborative proof that his captive was a fugitive, as well as according the accused the rights to trial by jury
Trial by Jury
Trial by Jury is a comic opera in one act, with music by Arthur Sullivan and libretto by W. S. Gilbert. It was first produced on 25 March 1875, at London's Royalty Theatre, where it initially ran for 131 performances and was considered a hit, receiving critical praise and outrunning its...
and appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
. Laws in some states made it easier to extradite a runaway if slave status were confirmed.
In Prigg v. Pennsylvania
Prigg v. Pennsylvania
Prigg v. Pennsylvania, , was a United States Supreme Court case in which the court held that the Federal Fugitive Slave Act precluded a Pennsylvania state law that gave procedural protections to suspected escaped slaves, and overturned the conviction of Edward Prigg as a result.-Federal Law:In June...
(1842), the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
determined that personal liberty laws were unconstitutional. The court held that the laws interfered with the Fugitive Slave Act and that while states were not compelled to enforce the federal law, they could not override it with other enactments.
The Prigg decision caused several Northern states to amend their laws, which specified that law enforcement officials and jurists refrain from doing anything about runaway slaves. The only other option left to slave catchers was to kidnap runaways, and then either return them to their owners, or force them to appear before federal judges
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
who were not held to state statutes.
Threats
During the American Civil WarAmerican Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, some of the Northern states agreed to repeal these bills if it meant that all Confederate
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
states would rejoin the Union
Union (American Civil War)
During the American Civil War, the Union was a name used to refer to the federal government of the United States, which was supported by the twenty free states and five border slave states. It was opposed by 11 southern slave states that had declared a secession to join together to form the...
. The Rhode Island state legislature repealed their law in January of 1861 in hopes of preserving the Union.
See also
- Thomas D. Morris, The Personal Liberty Laws of the North: 1780-1861 (Baltimore: The Johns Hopkins University Press, 1974).