2 days ago
ICE Is Overplaying Its Hand. We've Seen It Happen Before.
Out of this breach emerged the Compromise of 1850, a grand bargain designed to preserve the Union. Under its provisions, California entered the Union as a free state, but the citizens of other former Mexican territories were left to make their own determinations about slavery. Congress abolished the slave trade, but not slavery, in Washington, D.C. And, in return for these concessions, Southern politicians secured what would prove to be the most incendiary component of the deal: the Fugitive Slave Act (FSA) of 1850.
The new act inspired widespread disgust throughout the North. The law stripped accused runaways of their right to trial by jury and allowed individual cases to be bumped up from state courts to special federal courts. As an extra incentive to federal commissioners adjudicating such cases, it provided a $10 fee when a defendant was remanded to slavery but only $5 for a finding rendered against the slave owner. Most obnoxious to many Northerners, the law stipulated harsh fines and prison sentences for any citizen who refused to cooperate with or aid federal authorities in the capture of accused fugitives — much in the same way the Trump administration has threatened to jail persons who impede its immigration raids. Before the FSA, formerly enslaved people were able to build lives for themselves in many northern communities. They found homes, took jobs, made friends, started families, formed churches. But after the FSA, they were permanent fugitives — and anyone who employed them, associated with them or provided them housing were accomplices.
Early enforcement made immediate martyrs of ordinary people and pierced the illusion that slavery was just a Southern problem. In 1851 federal agents in Boston arrested Thomas Sims, who had escaped enslavement in Georgia, and marched him to a federal courthouse under guard by more than 300 armed soldiers to prevent a rescue. For Boston, a city whose history was steeped in the struggle against King George's standing army, it was an ominous display. Sims' hearing was, just as the law intended, shambolic, and he was ultimately returned to Georgia. (He would later escape a second time during the Civil War.)
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That same year, Shadrach Minkins, a waiter who had also fled enslavement to Boston, was seized in broad daylight. This time, word traveled fast, and a local 'vigilance committee' — interracial groups formed to monitor and, when necessary, resist enforcement of the fugitive slave law — assembled, with an eye toward liberating the accused man. Awaiting a hearing in federal custody, Minkins was suddenly rescued in a dramatic confrontation witnessed by attorney Richard H. Dana, Jr. 'We heard a shout from across the courthouse,' Dana recalled, 'continued into a yell of triumph, and in an instant after down the steps came two negroes bearing the prisoner between them with his clothes half torn off, and so stupefied by his sudden rescue and the violence of the dragging off that he sat almost dumb, and I thought had fainted. ... It was all done in an instant, too quick to be believed.' Minkins made it to Montreal, where he lived the rest of his life in freedom.
