James Buchanan, Buchanan's administration on the eve of the rebellion

‘ [16] authority, in every State of the Union, to seize arid recapture his slave, wherever he can do it without a breach of the peace or any illegal violence.’ After these strong affirmations it becomes necessary to state the reason why this decision became the occasion of increased anti-slavery agitation.

The act of 1793¹ authorized and required State judges and magistrates, in common with judges of the United States, to carry its provisions into effect. At the date of its passage no doubt was entertained of the power of Congress to direct this duty to be performed by appropriate State authorities. From the small number of Federal judges in each State, and their distance from each other, the masters, in almost every instance, resorted to the magistrate of the ‘county, city, or town corporate,’ where the slave had been arrested. Before him the necessary proof was made, and, upon being satisfied, he granted a certificate to the master, which was a sufficient warrant under the law ‘for removing the said fugitive from labor to the State or Territory from which he or she fled.’ These State magistrates were familiar to the people of the respective localities, and their duties were performed in a satisfactory manner, and with but little complaint or commotion. This continued to be the practice until the opinion of the Court in the case of Prigg was pronounced. In this it was decided that State magistrates were not bound to perform these duties; and the question whether they would do so or not, was left entirely to their own discretion.

It was thus rendered competent for State Legislatures to prohibit their own functionaries from aiding in the execution of the Fugitive Slave Act.

Then commenced a furious agitation against the execution of this so-called ‘sinful and inhuman’ law. State magistrates were prevailed upon by the abolitionists to refuse their agency in carrying it into effect. The Legislatures of several States, in conformity with this decision, passed laws prohibiting these magistrates and other State officials from assisting in its execution. The use of the State jails was denied for the safekeep-ing of the fugitives. Personal Liberty Bills were passed, interposing