Isabella Carter
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 that a Person held to Service or Labour who escapes to another state must be returned to their master. The clause was adopted at the Constitutional Convention of 1787 and remained in effect until the abolition of slavery under the Thirteenth Amendment. The Fugitive Slave Clause was one of five clauses in the Constitution that dealt directly with slavery, and it formed the basis for the Fugitive Slave Act of 1793 and its later iterations.
| Characteristics | Values |
|---|---|
| Article | IV |
| Section | 2 |
| Clause | 3 |
| Name | Fugitive Slave Clause, Fugitives From Labour Clause, Slave Clause |
| Purpose | Requires a "Person held to Service or Labour" (usually a slave, apprentice, or indentured servant) who flees to another state to be returned to their master |
| Status | Nullified by the Thirteenth Amendment's abolition of slavery |
| Year | 1787 |
| Proponents | Pierce Butler and Charles Pinckney of South Carolina |
| Opponents | James Wilson and Roger Sherman |
| Related Legislation | Fugitive Slave Act of 1793, Fugitive Slave Act of 1850 |
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What You'll Learn
The Fugitive Slave Clause's constitutional legitimacy
The Fugitive Slave Clause, enshrined in Article IV, Section 2, Clause 3 of the United States Constitution, is a provision that addressed the legal status and return of escaped slaves prior to the American Civil War. The clause 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."
This clause was a compromise between northern and southern states during the Constitutional Convention of 1787. The legitimacy of this clause in the Constitution is a complex and contentious issue, rooted in the nation's founding documents and the broader context of slavery in the United States.
One argument supporting the constitutional legitimacy of the Fugitive Slave Clause stems from the nature of the Constitutional Convention itself. The Framers of the Constitution sought to create a document that would balance the interests of all the states and forge a strong union. Slavery, at the time, was a reality in many states, and the Southern states in particular relied heavily on slave labor for their economies. By including the Fugitive Slave Clause, the Framers acknowledged the existence of slavery and sought to protect the property rights of slave owners, while also ensuring that the institution would remain under state control, rather than federal jurisdiction.
Additionally, proponents of the clause's legitimacy highlight the fact that it was included in the original Constitution, which was ratified by the necessary number of states. The ratification process itself was a democratic exercise, with state conventions debating and ultimately approving the document. The inclusion of the Fugitive Slave Clause, therefore, reflected the consensus of the time, or at the very least, a necessary compromise to ensure the formation of a unified nation.
However, it is important to acknowledge the ethical dilemmas and contradictions inherent in this clause. While it was designed to protect the property rights of slave owners, it also directly contradicted the ideals of liberty and equality espoused elsewhere in the Constitution. The clause effectively denied the freedom and legal personhood of escaped slaves, treating them as property to be returned to their owners, regardless of the moral implications.
The legitimacy of the Fugitive Slave Clause was further challenged as the nation evolved and the abolitionist movement gained momentum. The clause became a focal point of contention, with many arguing that it violated natural law and the fundamental principles of liberty upon which the nation was founded. This conflict ultimately contributed to the growing divide between the North and the South, leading to the Civil War and, eventually, the abolition of slavery through the Thirteenth Amendment.
In conclusion, while the Fugitive Slave Clause was included in the original Constitution and reflected the compromises made during the nation's founding, its legitimacy is questionable due to the ethical dilemmas it presents and the contradiction between the protection of property rights and the denial of freedom and legal personhood to a segment of the population. The ongoing debate over this clause underscores the complex and often contradictory nature of the United States Constitution, a document that has evolved and continues to evolve through interpretation and amendment.
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The Fugitive Slave Clause and the Supreme Court
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 requires a "person held to Service or Labour" in one state who escapes to another to be returned to their master in the state from which they fled. The clause was adopted at the Constitutional Convention of 1787 and remained in effect until the abolition of slavery under the Thirteenth Amendment.
The Fugitive Slave Clause formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to recapture their enslaved people who had escaped. This Act was the first federal law enforcing the requirement of the Fugitive Slave Clause, compelling free states to assist in the capture of fugitives. The enforcement provisions of the Fugitive Slave Act of 1793 were strengthened as part of the Compromise of 1850, leading to the Fugitive Slave Act of 1850. This second act considerably strengthened the property rights of Southern slave owners, allowing federal commissioners to return slaves to their owners without a jury trial or hearing the alleged slave's testimony.
The Supreme Court's interpretation of the Fugitive Slave Clause and related acts was that the owner of an enslaved person had the same right to seize and repossess them in another state as the local laws of their own state granted to them. State laws that penalised such a seizure were deemed unconstitutional. This was upheld in several Supreme Court cases, including Prigg v. Pennsylvania (1842), Ableman v. Booth (1859), and Scott v. Sandford (1857). In the latter case, the Court ruled that African Americans were not citizens of the United States because they were both slaves and black.
Northern resistance to the enforcement of the Fugitive Slave Clause and related acts increased in the 19th century, with several Northern states enacting "personal liberty laws" to protect free Black residents from kidnapping and provide safeguards for accused fugitives. In 1859, the Supreme Court reversed the Wisconsin Supreme Court's decision that had freed an abolitionist who had been jailed for aiding an escaped slave, reinforcing federal supremacy but further polarising public opinion. An attempt to repeal the Fugitive Slave Clause in 1864 failed, but the subsequent passage of the Thirteenth Amendment, which abolished slavery, rendered the clause mostly moot or irrelevant.
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Fugitive Slave Clause and the Compromise of 1850
The Fugitive Slave Act of 1793 was a federal law that enforced the return of escaped slaves. The law was written to enforce Article 4, Section 2, Clause 3 of the US Constitution. However, many free states wanted to disregard the Act, and some jurisdictions passed personal liberty laws mandating a jury trial before alleged fugitive slaves could be moved.
The Fugitive Slave Act of 1850 was passed in response to the weakening of the original 1793 Act. It was drafted by Democratic Senator James M. Mason of Virginia and was part of the Compromise of 1850, a series of bills passed to address issues related to slavery. The Compromise of 1850 was composed of five statutes enacted in September 1850, including the admission of California as a "free state", the creation of territorial governments in Utah and New Mexico, the fixing of the boundary between Texas and the United States, and the abolition of the slave trade in Washington, D.C.
The Fugitive Slave Act of 1850 required that all escaped slaves, upon capture, be returned to their slave owners and that officials and citizens of free states cooperate. The Act also penalized officials who did not arrest someone allegedly escaping from slavery, making them liable for a fine of $1,000 (equivalent to $37,800 in 2024). Law enforcement officials were required to arrest people suspected of escaping slavery on as little as a claimant's sworn testimony of ownership. Habeas corpus was declared irrelevant, and fugitives could not testify on their own behalf or receive a jury trial.
The severity of the 1850 Act led to abuses and increased abolitionist sentiment. The Underground Railroad became more efficient, and new personal liberty laws were enacted in many Northern states. The Act contributed to the growing polarization of the country over the issue of slavery and was one of the factors leading to the start of the American Civil War.
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Fugitive Slave Clause and the 13th Amendment
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 requires a "person held to Service or Labour" in one state who escapes to another to be returned to their master in the state from which they escaped. The clause was adopted at the Constitutional Convention of 1787 and remained in effect until the abolition of slavery under the 13th Amendment.
The Fugitive Slave Clause was one of five clauses in the Constitution that dealt directly with slavery, although it did not use the word "slave". Instead, it referred to "persons held to Service or Labour", which usually meant slaves, apprentices, or indentured servants. The clause was a compromise between the Northern and Southern states, as slavery was legal in the South but not in most of the North. It gave slaveholders the right to reclaim their "property" across state lines.
The Supreme Court interpreted the Fugitive Slave Clause as granting slave owners the same right to seize and repossess their "property" in another state as they had under the local laws of their own state. This interpretation meant that state laws that penalised such seizures were unconstitutional. The Court also held that states could not pass laws that conflicted with the right or remedy of the slaveholder, although they could pass laws regulating the conduct of their citizens in relation to fugitive slaves.
The Fugitive Slave Clause was enforced through the Fugitive Slave Acts of 1793 and 1850, which gave slaveholders the explicit right to capture escaped slaves and required state authorities to cooperate in returning them to their owners. The Act of 1850 was particularly controversial and led to increased resistance to the Clause in the North, where several states enacted "personal liberty laws" to protect free Black residents from kidnapping and provide safeguards for accused fugitives.
The 13th Amendment to the United States Constitution, ratified in 1865, abolished slavery "except as a punishment for crime". This effectively nullified the Fugitive Slave Clause, rendering it mostly moot or irrelevant. However, some have noted that the Clause's language of "service or labour" could still be used to justify certain forms of labour under limited circumstances.
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Fugitive Slave Clause and the Civil War
The Fugitive Slave Clause, also known as Article IV, Section 2, Clause 3 of the U.S. Constitution, was a compromise that allowed slaveholders to reclaim their enslaved people who had escaped to another state. The clause was adopted at the Constitutional Convention of 1787 on the motion of Pierce Butler and Charles Pinckney of South Carolina. While it did not use the word "slave", referring instead to "persons held to Service or Labour", it formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the explicit right to capture their escaped slaves.
The Fugitive Slave Act of 1793 was enacted following a controversy where Virginia refused to return three fugitives accused of kidnapping a free black man to Pennsylvania. This Act was later 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, even in non-slaveholding states. The Act also established a state judicial process, parallel to the federal process, for people accused of being fugitive slaves.
The Fugitive Slave Act of 1850 was highly controversial and contributed to growing polarization over the issue of slavery. It led to an increase in abolitionists, more efficient operations of the Underground Railroad, and the enactment of new personal liberty laws in many Northern states. Southern politicians often exaggerated the number of escapes, blaming them on Northern abolitionists. The severity of the Act and its enforcement aroused much bitterness and incited sectional hostility, becoming one of the factors that led to the start of the American Civil War.
During the early stages of the Civil War, the Union did not have an established policy on people escaping slavery. While some Union generals refused to recapture fugitives, Lincoln allowed General Benjamin Butler to confiscate enslaved people as contraband of war and set them free, damaging the Confederacy. In August 1861, the Confiscation Act of 1861 was enacted, barring enslavers from re-enslaving captured fugitives forced to aid the insurrection. This established military emancipation as official Union policy, though it only applied to rebel enslavers.
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Frequently asked questions
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 US Constitution. It requires a "person held to Service or Labour" who escapes to another state to be returned to their master in the state from which they escaped.
The Fugitive Slave Clause was a compromise that gave slaveholders the right to reclaim their "property" (i.e. enslaved people) from another state. It formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture their escaped "property".
No, the Fugitive Slave Clause has been rendered mostly irrelevant due to the Thirteenth Amendment to the US Constitution, which abolished slavery except as punishment for criminal acts.
