Fugitive Slave Clause

Fugitive Slave Clause is a provision in the United States Constitution that mandates the return of runaway slaves. It was part of the original Constitution drafted in 1787 and is found in Article IV, Section 2, Clause 3. The clause was a significant factor in the history of slavery in the United States, contributing to tensions between the North and South that eventually led to the American Civil War.

Text of the Clause

The Fugitive Slave 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."

Interpretation and Implementation

The clause was interpreted by the United States Supreme Court in the case of Prigg v. Pennsylvania in 1842. The court ruled that the federal government had the authority to enforce the clause, overriding any state laws to the contrary. This decision led to the passage of the Fugitive Slave Act of 1850, which imposed severe penalties on those who aided runaway slaves and mandated the return of escaped slaves to their owners.

Controversy and Impact

The Fugitive Slave Clause and the subsequent Fugitive Slave Act were highly controversial and contributed to the growing divide between the North and South in the years leading up to the Civil War. Many Northerners, including abolitionists, opposed the clause and the Act, viewing them as morally repugnant and a violation of states' rights. The clause and the Act also had a significant impact on African Americans, both free and enslaved, as they created a climate of fear and insecurity.

Repeal

The Fugitive Slave Clause was effectively repealed by the Thirteenth Amendment to the United States Constitution, which abolished slavery in 1865. However, the clause remains in the text of the Constitution as originally written.

See Also

• Slavery in the United States
• American Civil War
• Thirteenth Amendment to the United States Constitution