The Fugitive
Slave Act of 1793
Statutes at
Large, Chap. VII, p. 302, February 12, 1793
Chapter VIIC
An Act respecting fugitives from justice, and persons
escaping from the service of their masters.
Section 1.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
That whenever the executive authority of any state in the
Union, or of either of the territories northwest or south of
the river Ohio, shall demand any person as a fugitive from
justice, of the executive authority of any such state or
territory to which such person shall have fled, and shall
moreover produce the copy of an indictment found, or an
affidavit made before a magistrate of any state or territory
as aforesaid, charging the person so demanded, with having
committed treason, felony or other crime, certified as
authentic by the governor or chief magistrate of the state
or territory from whence the person so charged fled, it
shall be the duty of the executive authority of the state or
territory to which such person shall have fled, to cause him
or her to be arrested and secured, and notice of the arrest
to be given to the executive authority making such demand,
or to the agent of such authority appointed to receive the
fugitive, and to cause the fugitive to be delivered to such
agent when he shall appear: But if no such agent shall
appear within six months from the time of the arrest, the
prisoner may be discharged. And all costs or expenses
incurred in the apprehending, securing, and transmitting
such fugitive to the state or territory making such demand,
shall be paid by such state or territory.
Sec. 2.
And be it further enacted, That any agent, appointed
as aforesaid, who shall receive the fugitive into his
custody, shall be empowered to transport him or her to the
state or territory from which he or she shall have fled.
And if any person or persons shall by force set at liberty,
or rescue the fugitive from such agent while transporting,
as aforesaid, the person or persons so offending shall, on
conviction, be fined not exceeding five hundred dollars, and
be imprisoned not exceeding one year.
Sec. 3. And
it be also enacted, That when a person held to labour in any
of the United States, or in either of the territories on the
northwest or south of the river Ohio, under the laws thereof,
shall escape into any other of the said states or territory, the
person to whom such labour or service may be due, his agent or
attorney, is hereby empowered to seize or arrest such fugitive
from labour, (b) and to take him or her before any judge of the
circuit or district courts of the United States, residing or
being within the state, or being any magistrate of a county,
city or town corporate, wherein such seizure or arrest shall be
made, and upon proof to the satisfaction of such judge or
magistrate, either by oral testimony or affidavit taken before
and certified by a magistrate of any such state or territory,
that the person so seized or arrested, doth, under the laws of
the state or territory from which he or she fled, owe service or
labour to the person claiming him or her, it shall be the duty
of such judge or magistrate to give a certificate thereof to
such claimant, his agent or attorney, which shall be sufficient
warrant for removing the said fugitive from labour, to the state
or territory from which he or she fled.
Sec. 4. And
it be further enacted, That any person who shall knowingly
and willingly obstruct or hinder such claimant, his agent or
attorney in so seizing or arresting such fugitive from labour,
or shall rescue such fugitive from such claimant, his agent or
attorney when so arrested pursuant to the authority herein given
or declared; or shall harbor or conceal such person after notice
that he or she was a fugitive from labour, as aforesaid, shall
for either of the said offences, forfeit and pay the sum of five
hundred dollars. Which penalty may be recovered by and for the
benefit of such claimant, by the action of debt, in any court
proper to try the same; saving moreover to the person claiming
such labour or service, his right of action for or on account of
the said injuries or either of them.
Approved,
February 12, 1793
(pdf File)
|