The U.S. Constitution of 1791 and the Fugitive Slave Clause

The U.S. Constitution of 1791 was a landmark document that established the framework for the American government. However, the Constitution also contained a number of provisions that were controversial and divisive, including the Fugitive Slave Clause.

The Fugitive Slave Clause was a provision that allowed slave owners to reclaim slaves who had escaped to free states. The clause was highly controversial and contributed to the outbreak of the Civil War.

The US Constitution of 1791 and the Fugitive Slave Clause: A Philosophical Re-rendering of Legislative Authority

by T. J. Coles

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The Fugitive Slave Clause

The Fugitive Slave Clause was included in Article IV, Section 2, Clause 3 of the U.S. Constitution. It stated that:

"No person held to service or labor 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 labor, but shall be delivered up on claim of the party to whom such service or labor may be due."

This clause meant that slave owners could travel to free states and reclaim their slaves, even if the slaves had escaped legally. The clause also prevented states from passing laws that would protect escaped slaves.

The Controversy over the Fugitive Slave Clause

The Fugitive Slave Clause was highly controversial from the beginning. Many people in the North opposed the clause, arguing that it was immoral and unconstitutional. They believed that the clause violated the Declaration of Independence, which stated that all men are created equal.

Abolitionists, who sought to end slavery, were particularly opposed to the Fugitive Slave Clause. They argued that the clause made it impossible for slaves to escape to freedom.

Slave owners in the South, on the other hand, supported the Fugitive Slave Clause. They argued that the clause was necessary to protect their property rights. They also claimed that the clause was necessary to prevent slaves from escaping to free states and inciting slave revolts.

The Fugitive Slave Clause and the Civil War

The Fugitive Slave Clause was a major contributing factor to the outbreak of the Civil War. The clause angered many people in the North and helped to create a climate of tension and division between the North and the South.

In 1850, the Fugitive Slave Clause was strengthened by the Fugitive Slave Act. The new law made it easier for slave owners to reclaim their slaves and imposed harsh penalties on anyone who helped escaped slaves.

The Fugitive Slave Act further angered people in the North and helped to push the country closer to civil war. In 1861, the Southern states seceded from the Union and the Civil War began.

The Abolition of the Fugitive Slave Clause

The Fugitive Slave Clause was finally abolished by the Thirteenth Amendment to the U.S. Constitution, which was ratified in 1865. The amendment stated 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 abolition of the Fugitive Slave Clause was a major victory for the abolitionist movement and helped to bring about the end of slavery in the United States.

The Fugitive Slave Clause was a controversial and divisive provision in the U.S. Constitution. The clause allowed slave owners to reclaim slaves who had escaped to free states and contributed to the outbreak of the Civil War. The clause was finally abolished by the Thirteenth Amendment to the U.S. Constitution in 1865.

The US Constitution of 1791 and the Fugitive Slave Clause: A Philosophical Re-rendering of Legislative Authority

by T. J. Coles

4.9 out of 5

Language	:	English
File size	:	4456 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
X-Ray	:	Enabled
Word Wise	:	Enabled
Print length	:	147 pages
Lending	:	Enabled

FREE