As a Representative in the General Assembly, and while serving as a judge, Spalding was a member of the Democratic party, but throughout the 1840s he found his personal views increasingly at odds with the Party's position on slavery. While Spalding never advocated the interference of slavery in states in which it already existed, he believed that under no circumstances should slavery be extended into the territories. In 1847, Spalding delivered a speech in Akron in which he argued that "if the evil of slavery had been restricted, as it should have been, to the thirteen original states, self interest might have led to the extinction of practice long before now." Spalding's advocacy against the spread of slavery drew the attention of the
Free Soil Party. In 1849, local Free Soil leaders invited Spalding, who was still a Democrat, to give a speech at a party convention in Cleveland. In his speech, Spalding maintained that he was still a strict party man, but his speech was particularly critical of southern democrats. Spalding continued to argue that slavery should not be extended into the American territories and closed his remarks with a call to Free-Soilers to "stand fast" in their beliefs. In 1850, Spalding left the Democratic Party for the Free Soil Party. His primary motivation behind this decision was the Party's support of the
Fugitive Slave Act of 1850, which he felt made the Democrats a "pro-slavery" party. In 1852, the Free-Soil party held their national convention in Pittsburgh to select a presidential candidate. The party selected Spalding as one of the thirteen delegates chosen to attend the convention. The Free-Soilers went to their convention with two potential presidential candidates in
Salmon Chase, and
John P. Hale. Spalding and Chase were longtime associates, and both Ohioans. Two years before, Spalding and Chase had toured Toledo and Cleveland speaking out against the Fugitive Slave Act. Despite his prior relationship Chase, Spalding chose to support Hale, at the convention. During the campaign, Spalding toured much of Northeast Ohio giving speeches in support of Hale. His efforts were unsuccessful however, and Hale failed to carry a single state in the election. Despite being active in politics, Spalding also maintained a private law practice. As an outspoken opponent of slavery, Spalding began to rally other Cleveland attorneys against southern slaveholders who came to the North looking to claim fugitive slaves. In 1859, Spalding represented
Underground Railroad supporter Simon Bushnell in
Ex Parte Bushnell. At trial, a jury convicted Bushnell of violating Article 4 Section 2 of the Constitution, and the Fugitive Slave Act because Bushnell obstructed a slaver-owner from capturing a fugitive slave name John. At trial, Spalding argued that the Fugitive Slave laws were unconstitutional. Despite Spalding's efforts, Bushnell was found guilty and sentenced to serve sixty days in the Cuyahoga County jail, and to pay a fine of six hundred dollars. Two years later, Spalding would again attempt to overturn the Fugitive Slave. In 1861, Spalding represented a runaway slave named Lucy who was captured in Cleveland. At trial, Spalding once again argued that enforcement of the Fugitive Slave laws was both unconstitutional, as well as immoral. Ultimately, Spalding was unsuccessful, and Lucy was returned to her owner. Some good did result from Spalding's efforts. Lucy was the last slave to be sent back to the South from Ohio under the Fugitive Slave laws. ==Early Republican Party==