As I prepare to write Chapter 1, which focuses on the struggle over appointing U.S. commissioners from 1850-1854, I am first outlining the main sections of the chapter. In doing so, I am highlighting what the existing historiography has to contribute, the new evidence I have assembled and what historiographic insights I will attempt to make at each stage. Bear in mind that this is a preliminary outline, that will likely change as I receive feedback and began to draft the chapter.
From 1850 to 1854, federal courts strained, and ultimately failed, to live up to the ambitious designs set forth in the new law. Vital to the statute’s successful rollout was a dramatic expansion of federal power, through the appointment of additional U.S. commissioners. Across the north, the struggle over naming new commissioners pitted black-led vigilance committees against an array of pro-law vigilance committees. What emerged from that wrangling was not a national network of enforcers, but rather a patchwork of staunchly pro-slavery commissioners operating in just a handful of locales, usually with the backing of pro-law vigilance committees. This geography of enforcement illuminates not only the power of resistance and local agency in curtailing the envisioned expansion of federal power, but also how slaveholders in time learned to navigate that geography, manipulating the mechanisms of enforcement to their advantage. The lack of commissioners also throws new light on how views of the law changed over time: as they sought out commissioners and confronted firsthand the haphazardness of the federal enforcement apparatus, slaveholders’ initial ebullience for the law gradually gave way to disillusionment. Yet even as slaveholders chafed at the spottiness of the law’s enforcement apparatus and its regional limitations, anti-slavery activists bristled at its limited successes.
- Attempted Expansion
- The 1850 law called for a dramatic expansion of the federal court system, with the law’s principal author, Virginia senator James Mason, even proposing that three additional U.S. commissioners be appointed in every northern county to handle the expected caseload under the new statute.
- HISTORIOGRAPHY: Historians Richard Blackett, Eric Foner, Stanley Harrold and Steven Lubet have all noted the public pressure exerted against prospective commissioners. Blackett, who among those four scholars has given the most extensive treatment to commissioners, argues that “the paucity of commissioners in many areas, as well as the ostracism of those who accepted the post,” proved crucial to the law’s failure. “The absence of a commissioner mattered,” he writes, noting that “large swaths” of the north went without a U.S. commissioner. 
- NEW EVIDENCE: From the appointment papers at the National Archives in Philadelphia, I can harness over a dozen previously untapped letters between prospective commissioners throughout Pennsylvania and federal officials in Philadelphia, revealing the difficulties in appointing U.S. commissioners, particularly in the fall of 1850. Likewise, an invaluable (and previously un-cited) letter written by West Chester, PA commissioner James L. Jones yields insight into his reasoning for accepting an appointment, his fervent Unionism. At the same time, a Carlisle lawyer, J. Ellis Bonham, revealed that he was unsure if the law would offer enough financial incentive to offset the consequences of accepting the post. In addition, letters, diaries and newspaper columns authored by slaveholders offer insight into the workings of the federal enforcement mechanism, and the ways claimants sought out and interacted with commissioners. Finally, an in-progress spreadsheet of U.S. commissioners can provide the first-ever quantification of how many commissioners were actually handling fugitive cases.
- HISTORIOGRAPHICAL INSIGHT: This section will reveal the haphazardness of the federal enforcement apparatus and the chaotic human reality behind it, while also quantifying the number of commissioners to demonstrate the inadequacy of the federal enforcement mechanism. The rendition system never became a truly national means of recapturing escapees, which helps throw light on southerners’ mounting dismay with the law and its efficacy.
- Geography of Enforcement
- I introduced this term “geography of enforcement” in the initial draft of my introduction, as another way of understanding the law’s enforcement, especially in light of what historian Robert Churchill has termed the “geography of violence.”  In this section, I will need to refine that idea, and build off of my new statistics on commissioners and the arrest process to show how the law’s enforcement largely revolved around several key hubs of enforcement: namely, Cincinnati, Harrisburg, Philadelphia and New York City.
- HISTORIOGRAPHY: Robert Churchill claims that Cincinnati was “the most active commissioner’s court in the nation” when it came to enforcing the 1850 law, while also noting the prevalence of arrests in New York City. 
- NEW EVIDENCE: In addition to numerous connections between U.S. commissioners, deputy forces and Union Safety Committees in the coastal cities of New York, Boston and Philadelphia (pro-law groups buttressed by leading merchants and bankers), reports of fugitive cases in southern papers, as well as letters written by southern claimants exuding praise for U.S. commissioners and circulated in southern papers, reveal that southerners in time learned to manipulate the mechanisms of enforcement and bring their cases before commissioners known to be more amenable to slaveholders. Harrisburg’s Richard McAllister, for instance, brazenly marketed his office among southern presses, while Commissioner George W. Morton, and his partnership with U.S. Marshal Henry F. Tallmadge, became a consistent favorite of southern claimants journeying to New York City.
- HISTORIOGRAPHICAL INSIGHT: Even while negotiating the threadbare and haphazard federal enforcement apparatus, southerners in time learned to manipulate the mechanisms of enforcement, seeking out commissioners favorable to their interests. However, the geography of enforcement was shaped both by human actors (complaisant U.S. commissioners and their sophisticated deputy operations) as well as political divisions, and claimants flocked to key hubs where prominent groups of northern merchants and bankers professed support for the 1850 law, in some cases even helping to cover slaveholders’ legal fees. Although the law never truly became an efficacious national instrument, it did manage to operate successfully within several locales for extended periods. This nuance helps illuminate how slaveholders could be disillusioned over the law’s limitations, even as anti-slavery activists fumed over the law’s geographically limited successes.
 Richard Blackett, The Captive’s Quest for Freedom: Fugitive Slaves, the 1850 Fugitive Slave Law, and the Politics of Slavery (New York: Cambridge University Press, 2018), 56-64, 458.  Robert Churchill, The Underground Railroad and the Geography of Violence in Antebellum America (New York: Cambridge University Press, 2020).  Churchill, The Underground Railroad, 7, 165.