Fugitives

Read something in McPherson’s Battle Cry of Freedom that I had not yet read anywhere in the dozen or so books on the Civil War I’ve perused. Die hard pro-Southern apologists, both past and present, often declare the war to be one centered around States’ Rights. (Forget that the main right these states were fighting against was the right to own another human being.) States’ Rights versus a growing, aggressive, and increasingly anti-South centralized federal government. The War of Secession was fought to defend the state against the encroachment of the federation.

Well, hold on.

How about the Fugitive Slave Act of 1850?

This particular piece of nastiness crafted by Southern legislators in the House and Senate empowered the federal government to retrieve slaves who had escaped to free states in the North. Some components of the law? In cases of possible mistaken identity, judges were paid $10 for every alleged slave brought before them and returned to the slave owner, whereas they were only paid $5 to rule in favor of the alleged slave. Also, federal marshals could be fined up to $1,000 for not aiding in the capture of fugitive slaves, which often included deputizing citizens to help in the search and seizure. In cases where it conflicted with state legislation, the Fugitive Slave Act was upheld by the Southern-dominated Supreme Court.

So what about States’ Rights when free states’ rights were trampled?

Hmm?

Turns out the South did not really care about “States’ Rights” when the outcome threatened the immoral institution their entire society was structured around.

Just an interesting twist I’d never heard before on a well-worn and tiresome argument.