With the spread of antislavery sentiment, a new fugitive slave law became critical part of the compromise of 1850. It was the one concession to the south written into the legislation, and a test of the north's willingness to guarantee personal property rights through strict enforcement of the provision. Under the law, Northern officials were responsible for returning fugitive slave to his owner. Any person found guilty of assisting a fugitive was subject to 6 months' imprisonment, a $1,000 fine, and reimbursing the owner for the market value of the slave. The law denied fugitives a jury trial and the protection under a writ of habeas corpus. Many Northerners regarded the law as a flagrant violation of fundamental American rights, and in response to their protests new personal liberty laws were enacted to weaken the 1850 legislation.
Though politicians had expected the fugitive slave law to relieve sectional tensions, they quickly realized that it had become a propaganda tool for abolitionists, who deliberately violated the legislation. In the decade before the Civil War fugitives were seldom returned to their masters, but the law's existence deepened the rift between North and South. More than anything, it grew into a symbol of determined resistance for both proslavery and antislavery factions, and one of the key issues leading to irreconcilable disunion in 1861.
American Slavery As It Is: Testimony of a Thousand Witnesses was published in 1839 and contained what were reported to be accounts by individuals who had firsthand knowledge of slavery. In these excerpts, the northern writer, Theodore Dwight Weld presents the "testimony" of a Mr. Caulkins, a carpenter from Connecticut, who recounts his experiences working on a North Carolina plantation between 1824 and 1835.
The slaves are obliged to work from daylight till dark, as long as they can see. When they have tasks assigned, which is often the case, a few of the strongest and most expert, sometimes finish them before sunset; others will be obliged to work till eight or nine o'clock in the evening. All must finish their tasks or take a flogging. The whip and gun, or pistol, are companions of the overseer; the former he uses very frequently upon the negroes, during their hours of labor, without regard to age or sex. Scarcely a day passed while I was on the plantation, in which some of the slaves were not whipped; I do not mean that they were struck a few blows merely, but had a set flogging. The same labor is commonly assigned to men and women, such as digging ditches in the rice marshes, clearing up land, chopping cord-wood, threshing, &c. I have known the women go into the barn as soon as they could see in the morning, and work as late as they could see at night, threshing rice with the flail, (they now have a threshing machine,) and when they could see to thresh no longer, they had to gather up the rice, carry it up stairs, and deposit it in the granary.
The allowance of clothing on this plantation to each slave, was given out at Christmas for the year, and consisted of one pair of coarse shoes, and enough coarse cloth to make a jacket and trowsers. If the man has a wife she makes it up; if not, it is made up in the house. The slaves on this plantation, being near Wilmington, procured themselves extra clothing by working Sundays and moonlight nights, cutting cordwood in the swamps, which they had to back about a quarter of a mile to the river; they would then get a permit from their master, and taking the wood in their canoes, carry it to Wilmington and sell it to the vessels, or dispose of it as they best could, and with the money buy an old jacket of the sailors, some coarse cloth for a shirt, &c. They sometimes gather the moss from the trees, which they cleanse and take to market. The women receive their allowance of the same kind of cloth which the men have. This they make into a frock; if they have any under garments they must procure them for themselves. When the slaves get a permit to leave the plantation, they sometimes make all ring again by singing the following significant ditty, which shows that after all there is a flow of spirits in the human breast which for a while, at least, enables them to forget their wretchedness.
Every Saturday night the slaves receive their allowance of provisions, which must last them till the next Saturday night. "Potato time," as it is called, begins about the middle of July. The slave may measure for himself, the overseer being present, half a bushel of sweet potatoes, and heap the measure as long as they will lie on; I have, however, seen the overseer, if he think the negro is getting too many, kick the measure; and if any fall off, tell him he has got his measure. No salt is furnished them to eat with their potatoes. When rice or corn is given, they give them a little salt; sometimes half a pint of molasses is given, but not often. The quantity of rice, which is of the small, broken, unsaleable kind, is one peck. When corn is given them, their allowance is the same, and if they get it ground, (Mr. Swan had a mill on his plantation,) they must give one quart for grinding, thus reducing their weekly allowance to seven quarts. When fish (mullet) were plenty, they were allowed, in addition, one fish. As to meat, they seldom had any. I do not think they had an allowance of meat oftener than once in two or three months, and then the quantity was very small. When they went into the field to work, they took some of the meal or rice and a pot with them; the pots were given to an old woman, who placed two poles parallel, set the pots on them, and kindled a fire underneath for cooking; she took salt with her and seasoned the messes as she though proper. When their breakfast was ready, which was generally about ten or eleven o'clock, they were called from labor, ate, and returned to work; in the afternoon, dinner was prepared in the same way. They had but two meals a day while in the field; if they wanted more, they cooked for themselves after they returned to their quarters at night. At the time of killing hogs on the plantation, the pluck, entrails, and blood were given to the slaves....
Follow them next to their huts; some with and some without floors: Go at night, view their means of lodging, see them lying on benches, some on the floor or ground, some sitting on stools, dozing away the night; others, of younger age, with a bare blanket wrapped about them; and one or two lying in the ashes. These things I have often seen with my own eyes.
Examine their means of subsistence, which consists generally of seven quarts of meal or eight quarts of small rice for one week; then follow them to their work, with driver and overseer pushing them to the utmost of their strength, by threatening and whipping.
If they are sick from fatigue and exposure, go to their huts, as I have often been, and see them groaning under a burning fever or pleurisy, lying on some straw, their feet to the fire with barely a blanket to cover them; or on some boards nailed together in form of a bedstead.
And after seeing all this, and hearing them tell of their sufferings, need I ask, is there any evil connected with their condition? and if so; upon whom is it to be charged? I answer for myself, and the reader can do the same. Our government stands first chargeable for allowing slavery to exist, under its own jurisdiction. Second, the states for enacting laws to secure their victim. Third, the slaveholder for carrying out such enactments, in horrid form enough to chill the blood. Fourth, every person who knows what slavery is, and does not raise his voice against this crying sin, but by silence gives consent to its continuance, is chargeable with guilt in the sight of God. "The blood of Zacharias who was slain between the temple and altar,"says Christ " WILL I REQUIRE OF THIS GENERATION.">/p>
Look at the slave, his condition but little, if at all, better than that of the brute; chained down by the law, and the will of his master; and every avenue closed against relief; and the names of those who plead for him, cast out as evil; must not humanity let its voice be heard, and tell Israel their transgressions and Judah their sins?
May God look upon their afflictions, and deliver them from their cruel task-masters! I verily believe he will, if there be any efficacy in prayer. I have been to their prayer meetings and with them offered prayer in their behalf. I have heard some of them in their huts before day-light praying in their simple broken language, telling their heavenly Father of their trials in the following and similar language.
"Fader in heaven, look upon de poor slave, dat have to work all de day long, dat cant have de time to pray only in de night, and den massa mus not know it. Fader, have mercy on massa and missus. Fader, when shall poor slave get through the world! when will death come, and de poor slave go to heaven"; and in their meetings they frequently add, "Fader, bless de white man dat come to hear de slave pray, bless his family," and so on. They uniformly begin their meetings by singing the following "And are we yet alive To see each other's face," &c.
Is the ear of the Most High deaf to the prayer of the slave? I do firmly believe that their deliverance will come, and that the prayer of this poor afflicted people will be answered.
Emancipation would be safe. I have had eleven winters to learn the disposition of the slaves, and am satisfied that they would peaceably and cheerfully work for pay. Give them education, equal and just laws, and they will become a most interesting people. ancipation.