Simone Lawson
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, was a provision in the United States Constitution that required escaped slaves to be returned to their masters. The clause, which was Article IV, Section 2, Clause 3 of the Constitution, did not use the word slave, but it formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture their escaped slaves. The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment to the United States Constitution, which abolished slavery and made the clause unenforceable.
| Characteristics | Values |
|---|---|
| Article | IV |
| Section | 2 |
| Clause | 3 |
| Status | Null and void |
| Amendments | Thirteenth Amendment |
| Year | 1865 |
| Effect | Abolished slavery |
| Fugitive Slave Act | 1793 |
| Fugitive Slave Act Amendment | 1850 |
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What You'll Learn
The Fugitive Slave Clause's role in the Fugitive Slave Act of 1793
The Fugitive Slave Clause, included in the U.S. Constitution in 1788, declared that escaped slaves who fled to states where slavery was illegal would be returned to their owners. The Fugitive Slave Act of 1793 was passed to enforce this clause, giving effect to the constitutional guarantee of the right of slaveholders to recover escaped slaves.
The Fugitive Slave Act of 1793 empowered slave owners and their agents to seize runaway slaves and required local governments to cooperate in their capture and return. It also imposed penalties on those who aided in the escape of slaves or obstructed their capture. The Act decreed that owners or their agents could pursue and reclaim fugitive slaves by procuring a warrant and bringing them before a judge, who would decide on the status of the alleged fugitive without a jury trial. This put fugitive slaves at risk of recapture for life and led to many free blacks being illegally captured and sold into slavery.
The Act was met with strong opposition, particularly in the Northern states, where it was seen as legalized kidnapping and a violation of personal liberty. In response, several Northern states passed "Personal Liberty Laws," which protected the rights of free blacks and provided accused fugitives with the right to a jury trial. These laws often hampered the execution of the Fugitive Slave Act, with many Northern judges and law enforcement officials refusing to comply with the federal law.
The Fugitive Slave Act of 1793 was later superseded by the Thirteenth Amendment, which abolished slavery and ended the legal basis for the fugitive slave clause and the Act. However, the impact of the Act continued to be felt, with escaped slaves and their descendants still at risk of seizure and enslavement if their owners or descendants chose to make a legal claim.
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The Thirteenth Amendment's impact on the Fugitive Slave Clause
The Fugitive Slave Clause, Article IV, Section 2, Clause 3 of the United States Constitution, also known as the Slave Clause or Fugitives From Labour Clause, required that a "Person held to Service or Labour" who fled to another state had to be returned to their master in the state from which they escaped. The clause did not use the words "slave" or "slavery" but formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture their escaped slaves.
The Thirteenth Amendment, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States, except as punishment for criminal acts. The Amendment states that:
> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
The Thirteenth Amendment rendered the Fugitive Slave Clause obsolete and unenforceable. It abolished the practice of slavery that the Fugitive Slave Clause was designed to protect. The Amendment also restricted several other forms of bound labour and servitude, such as indentured servitude and peonage.
The immediate impact of the Thirteenth Amendment was to make the entire pre-war system of chattel slavery in the U.S. illegal. However, it did not substantially alter the economic situation of most blacks in the South, who remained on the same plantations, doing the same work as before. Additionally, the Amendment did not address racial discrimination or provide economic support for the newly freed slaves, many of whom were left homeless, sick, and impoverished.
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The intent of the Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, was Article IV, Section 2, Clause 3 of the United States Constitution. It required that a "Person held to Service or Labour" who fled to another state be returned to their master in the state from which they escaped. The clause was a compromise between the free states in the North and the slave states in the South, and it did not mention the word "slave".
The Fugitive Slave Clause formed the basis for the Fugitive Slave Acts of 1793 and 1850, which provided for the seizure and return of runaway enslaved people who escaped from one state to another or into a federal territory. The 1793 Act enforced Article IV, Section 2 of the Constitution, authorising federal judges and state magistrates to decide on the status of an alleged fugitive from slavery without a jury trial. The 1850 Act was part of the Compromise of 1850, which addressed multiple issues related to slavery, including the admission of California as a free state and the abolition of the slave trade in Washington, D.C.
The Fugitive Slave Clause and the Fugitive Slave Acts were opposed in the Northern states, and some Northern states enacted personal liberty laws to hamper the execution of the federal law. The Somerset v Stewart decision in 1772, which held that a fugitive slave who reached England (where slavery was not legally recognised) was free and could not be returned to their owners, also undermined the Fugitive Slave Clause by setting a precedent that frightened slaveholders.
The Fugitive Slave Clause was rendered mostly irrelevant by the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts. However, it has been noted that the clause may still have some limited applicability in certain circumstances, as people can still be held to service or labour under certain conditions.
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Fugitive Slave Clause's enforcement and the role of Congress
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. It required that a "person held to Service or Labour" who fled to another state be returned to their master in the state from which they escaped. The clause was a compromise, offered during the Constitutional Convention without mentioning the word "slave".
The Fugitive Slave Clause formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture their escaped slaves. The Act enforced the return of escaped slaves and required authorities in free states to return them to their enslavers. The Fugitive Slave Act of 1793 was strengthened as part of the Compromise of 1850, which gave the federal government a role in capturing fugitive slaves and required their return to slaveholders, regardless of the state. The 1850 Act was passed by Congress and made the federal government responsible for finding, returning, and trying escaped slaves. It also penalized officials who did not arrest individuals suspected of escaping slavery.
The Fugitive Slave Clause and the Fugitive Slave Acts of 1793 and 1850 were rendered obsolete by the Thirteenth Amendment, which abolished slavery and involuntary servitude. The Confiscation Act of 1862 also played a role in superseding the Fugitive Slave Act of 1850, as it barred Union officers from returning escaped slaves to their owners. The Fugitive Slave Act was formally repealed in June 1864.
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Fugitive Slave Clause's nullification and its impact on slavery
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. It required that any "person held to Service or Labour" (usually a slave) who fled to another state had to be returned to their master in the state from which they escaped. This clause was a compromise between Northern free states and Southern slave states, as it did not use the word "slave" and instead implied that slavery was legal under state law.
The Fugitive Slave Clause formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture their escaped slaves from free states. This Act was met with fierce criticism and resistance, especially from the Northern states, who passed "'Personal Liberty Laws' to protect escaped slaves and free Black people from being recaptured and sold into slavery. Despite this, the Fugitive Slave Act of 1793 remained largely unenforced, and by the mid-1800s, thousands of enslaved people had escaped to free states.
In 1850, due to pressure from Southern politicians, Congress passed a revised Fugitive Slave Act as part of the Compromise of 1850. This new law required citizens to assist in capturing escaped slaves and denied them the right to a jury trial. The Act was highly controversial and led to growing polarization over the issue of slavery, with many Northern states passing new measures to nullify the law and assist escaped slaves. The Wisconsin Supreme Court declared the Fugitive Slave Act of 1850 unconstitutional in 1855, and jury nullification occurred as Northern juries refused to convict men accused of violating the law.
The Fugitive Slave Clause and the Fugitive Slave Acts were rendered obsolete by the Thirteenth Amendment to the United States Constitution, which abolished slavery and involuntary servitude.
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Frequently asked questions
No, the Fugitive Slave Clause was nullified by the Thirteenth Amendment, which abolished slavery.
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, was Article IV, Section 2, Clause 3 of the U.S. Constitution. It required that a "Person held to Service or Labour" who fled to another state be returned to their master.
The Fugitive Slave Clause formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture their enslaved persons who had escaped.
