ave Law created a system under which the status of alleged fugitives would be determined by either a United States District Court or Circuit Court judge, or by a non-judicial commissioner appointed by the Circuit Court judges of each state. The alleged fugitive could not present evidence on his own behalf or speak for himself. The alleged fugitive was also denied the right to a jury trial. The claimant holding the fugitive could apply to a judge or magistrate for a non-appealable certificate granting him the right to take the fugitive back to the state he escaped from upon a showing of "satisfactory proof." This proof could be in the form of a deposition or affidavit in writing, taken by a judge or commissioner (Morris 145-146).
The procedure authorizing a claimant to take a fugitive into custody was "summary" in nature. However, once a fugitive was returned to his master, he could demand a nonjury trial at which his true status as a slave or freedman could be determined (Morris 146).
Citizens and law enforcement officers of all states were required to assist in the capture and return of fugitives to their rightful owners. Attempted obstruction of the Fugitive Slave Law could result in a $1,000.00 fine and a prison sentence of six months (Morris 146). State marshalls holding a fugitive in custody could be held personally liable to the owners for a fugitive's escape (Villa
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