Question

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 labor 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 labor to the state or territory from which he or she fled.

sec. 4. and be it 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 labor, or shall rescue such fugitive from such claimant, his agent or attorney, when so arrested pursuant to the authority herein given and declared; or shall harbor or conceal such person after notice that he or she was a fugitive from labor, 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 action of debt, in any court proper to try the same, saving moreover to the person claiming such labor or service his right of action for or on account of the said injuries, or either of them.

the fugitive slave act of 1793 by the united states congress is in the public domain.
unless otherwise noted, this content is licensed under the cc by-nc-sa 4.0 license.

assessment questions

1. according to the text, which of the following situations could render a captured fugitive slave discharged?

○ a. if a slave manages to break out of jail by him or herself
○ b. if a slave flees into the free territories out west
○ c. if the slaveholder cannot prove a claim over the fugitive after the arrest
○ d. if the agent sent to collect the fugitive does not show within six months

Explanation:

The text states that a judge/magistrate will issue a removal certificate only if the captured person is proven to owe service/labor to the claimant under the laws of the state they fled from. If the slaveholder cannot prove this claim after arrest, there is no legal basis to hold the person as a fugitive slave, so they would be discharged. The other options are not supported by the provided text: there is no mention of jail breaks, free western territories, or a six-month agent deadline in the excerpt.

Answer:

C. If the slaveholder cannot prove a claim over the fugitive after the arrest