Isabella Carter
The Fugitive Slave Clause, also known as the Slave Clause or Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. The clause requires that a Person held to Service or Labour who escapes to another state must be returned to their master. The clause was agreed to without dissent at the Constitutional Convention and remained in full effect until the abolition of slavery under the Thirteenth Amendment. The Fugitive Slave Clause was the basis for the Fugitive Slave Acts of 1793 and 1850, which clarified the processes by which slaveholders could reclaim their property and gave the federal government a role in capturing fugitive enslaved persons.
| Characteristics | Values |
|---|---|
| Article | IV |
| Section | 2 |
| Clause | 3 |
| Other Names | Slave Clause, Fugitives From Labor Clause |
| Purpose | Requires a "Person held to Service or Labour" to be returned to their master in the state from which they escaped |
| Implementation | States were required to deliver the fugitives |
| Thirteenth Amendment | The Thirteenth Amendment, which abolished slavery, has made the clause mostly irrelevant |
| No Mention of "Slave" | The words "slave" and "slavery" are not mentioned in the clause |
| Intent | Historian Donald Fehrenbacher believes that the intent was to make it clear that slavery existed only under state law, not federal law |
| Northern Resistance | Resistance to the Fugitive Slave Clause's enforcement increased in the 19th century, especially after the Fugitive Slave Act of 1850 |
| Modern Debate | Modern legal scholars debate whether the clause conferred constitutional legitimacy on slavery |
| Confederate States Constitution | The Constitution of the Confederate States mentioned slavery by name and had a more rigid form of the Fugitive Slave Clause |
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What You'll Learn
The Fugitive Slave Clause's wording
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 states:
> No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
The clause requires that a "Person held to Service or Labour" (usually a slave, apprentice, or indentured servant) who flees to another state must be returned to their master in the state from which they escaped. The wording of the clause does not explicitly mention "slave" or "slavery", and historian Donald Fehrenbacher argues that this was a deliberate choice to avoid implying that the Constitution legally sanctioned slavery.
The Fugitive Slave Clause was in full effect until the abolition of slavery under the Thirteenth Amendment, which made it unenforceable. The amendment abolished slavery "except as a punishment for crime", rendering the clause mostly moot. However, it has been noted that people can still be held to service or labour under limited circumstances.
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Northern resistance to the Fugitive Slave Clause
The Fugitive Slave Clause, or Article 4, Section 2, Clause 3, was included in the US Constitution to address Southern politicians' concerns that free states would become safe havens for runaway slaves. The clause stated that "no person held to service or labor" would be released from bondage if they escaped to a free state. Despite its inclusion, anti-slavery sentiment remained high in the North, and many continued to petition Congress to abolish slavery.
The Fugitive Slave Act of 1850 further heightened tensions, as it required all escaped slaves to be returned to their owners and mandated that officials and citizens of free states cooperate in their capture. This Act was particularly unpopular in the North, with many seeing it as an infringement on their states' rights and a legitimization of kidnapping.
One notable example of Northern resistance was the Oberlin-Wellington Rescue of 1858, where an escaped slave named John Price was arrested by a federal marshal in Oberlin, Ohio, a well-known anti-slavery town. This incident sparked a major political conflict, with abolitionists celebrating the rescue while enslavers condemned it, exposing the irreconcilable divisions between the North and South that would soon erupt into the Civil War.
Another form of resistance was jury nullification, where local Northern juries refused to convict individuals accused of violating the Fugitive Slave Act. This tactic ruined the presidential aspirations of Secretary of State Daniel Webster, who had sought to enforce the law.
The Vermont legislature also passed the Habeas Corpus Law in 1850, which established a state judicial process for individuals accused of being fugitive slaves, effectively rendering the federal Fugitive Slave Act unenforceable in the state.
Overall, Northern resistance to the Fugitive Slave Clause was driven by a strong anti-slavery sentiment and a commitment to protecting the rights and freedoms of escaped slaves, even in the face of increasing polarization and legal mandates.
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The Clause's constitutional legitimacy
The Fugitive Slave Clause, enshrined in Article IV, Section 2, Clause 3 of the United States Constitution, is one of the most contentious aspects of the nation's founding document. This clause guaranteed the right of slave owners to recover their escaped slaves, even if they had fled to states that had abolished slavery. The legitimacy of this clause stems from the constitutional framework established during the nation's founding, but it also reflects the complex and often contradictory nature of the document, which simultaneously upheld both freedom and slavery.
One of the key arguments supporting the constitutional legitimacy of the Fugitive Slave Clause lies in the original intent of the Framers. During the Constitutional Convention of 1787, the issue of slavery was a contentious topic, with the Southern states relying heavily on the institution of slavery for their economy, particularly in the form of slave labour in agriculture. By including the Fugitive Slave Clause, the Framers sought to address the concerns of Southern states and ensure their participation in the new nation. This compromise, while morally questionable, was seen as a necessary evil to ensure the unity and stability of the young nation.
Additionally, the constitutional legitimacy of the Fugitive Slave Clause can be understood within the broader context of federal power and state rights. The Clause falls under the section of the Constitution that outlines the powers and responsibilities of the federal government in relation to the states. By including this provision, the Framers intended to establish a uniform system of laws and procedures across the nation, ensuring that the rights and property of citizens would be protected regardless of their location. From this perspective, the Clause can be interpreted as a necessary component of a functioning federal system.
Moreover, the legal precedent set by the Supreme Court played a significant role in upholding the constitutional legitimacy of the Fugitive Slave Clause. In the landmark case of Prigg v. Pennsylvania in 1842, the Court ruled that the federal government had the exclusive power to legislate on the issue of fugitive slaves, thereby invalidating any state laws that offered protection or hindered their recapture. This decision effectively strengthened the constitutional foundation of the Clause and limited the ability of individual states to challenge it.
However, it is essential to recognize that the Fugitive Slave Clause also represented a stark contradiction within the Constitution. The same document that proclaimed the ideals of liberty and equality also enshrined provisions that protected and perpetuated slavery. This inherent tension highlights the complex and often contradictory nature of the Constitution, which has been the subject of ongoing interpretation, debate, and amendment throughout the nation's history.
In conclusion, the constitutional legitimacy of the Fugitive Slave Clause stems from the original intent of the Framers, the structure of federal power, and legal precedent set by the Supreme Court. However, this legitimacy does not diminish the moral repugnance of the clause or the ongoing struggle to reconcile the Constitution's contradictory nature regarding freedom and slavery. The Fugitive Slave Clause serves as a reminder of the complex and often troubling compromises made during the nation's founding, and it continues to shape discussions and debates over constitutional interpretation and reform.
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The Fugitive Slave Act of 1850
The Fugitive Slave Act, passed on September 18, 1850, was a highly controversial law that compelled citizens to assist in the capture of escaped slaves and enforced their return to their enslavers. It was part of the Compromise of 1850, a group of bills that aimed to ease tensions between the North and the South and prevent early calls for Southern secession. The Act was drafted by Democratic Senator James M. Mason of Virginia in response to the weakening of the original Fugitive Slave Act of 1793, which had addressed the issue of escaped slaves in free states.
The Act faced significant criticism and resistance, particularly in Northern states such as Vermont, Wisconsin, and Massachusetts. Abolitionists redoubled their efforts to assist runaways, and the Underground Railroad reached its peak in the 1850s, with many enslaved people fleeing to Canada to escape U.S. jurisdiction. Resistance also took the form of riots and revolts, with antislavery activists forcibly liberating escapees from federal custody in some cases. Despite the Act, by 1860, only around 330 enslaved people had been successfully returned to their Southern masters.
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The Clause's nullification by the 13th Amendment
The Fugitive Slave Clause, which was Article IV, Section 2, Clause 3 of the United States Constitution, was a provision that guaranteed the right of slave owners to recover their slaves who escaped to another state. The clause stated that "No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."
This clause was a source of great controversy and tension between the North and the South in the years leading up to the Civil War. It was often used by slave owners to recover their escaped slaves, and it prevented free states from offering protection to fugitive slaves. The clause also contributed to the growth of the underground railroad, as escaped slaves sought to reach states and territories where the Fugitive Slave Clause did not apply, such as Canada.
The 13th Amendment to the United States Constitution, which was ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment effectively nullified the Fugitive Slave Clause by rendering it irrelevant. With the abolition of slavery, there could be no legal claim for the return of escaped slaves, as slavery itself had been outlawed.
The 13th Amendment not only ended the practice of slavery but also transformed the legal status of former slaves. Once slavery was abolished, escaped slaves could no longer be legally considered "fugitives" or "runaways." They were no longer the property of their former owners and could not be lawfully returned to a state of slavery. The 13th Amendment thus granted legal freedom and protected the rights of former slaves, ensuring that they could not be forced into servitude or subjected to the Fugitive Slave Clause.
The nullification of the Fugitive Slave Clause by the 13th Amendment was a significant step in the abolition of slavery and the recognition of the rights and freedoms of all people in the United States. It marked a turning point in American history, ending the legal basis for slavery and setting the stage for the ongoing struggle for civil rights and racial equality in the nation. The amendment's impact extended beyond the legal realm, as it also carried profound social and cultural implications, reshaping the fabric of American society and paving the way for a more just and equitable future.
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Frequently asked questions
The Fugitive Slave Clause, also known as the Slave Clause or Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. It requires that any person "held to Service or Labour" who escapes to another state must be returned to their master.
The purpose of the Fugitive Slave Clause was to give slaveholders the legal right to reclaim their slaves who had escaped to another state. It was designed to balance the competing interests of free and slave states.
No, the word "slave" does not appear in the Fugitive Slave Clause. This was a deliberate decision to avoid overtly validating slavery at the federal level.
The Fugitive Slave Clause was rendered mostly irrelevant by the Thirteenth Amendment to the United States Constitution, which abolished slavery except as punishment for criminal acts.
