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Fugitive slave laws in the United States

The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of slaves who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from the Fugitive Slave Clause which is in the United States Constitution (Article IV, Section 2, Paragraph 3). It was thought that forcing states to return fugitive slaves to their masters violated states' rights due to state sovereignty, and that seizing state property should not be left up to the states. The Fugitive Slave Clause states that fugitive slaves "shall be delivered up on Claim of the Party to whom such Service or Labour may be due", which abridged state rights because apprehending runaway slaves was a form of retrieving private property. The Compromise of 1850 entailed a series of laws that allowed slavery in the new territories and forced officials in free states to give a hearing to slave-owners without a jury.

The New England Articles of Confederation of 1643 contained a clause that provided for the return of fugitive slaves. However, this only referred to the confederation of colonies of Massachusetts, Plymouth, Connecticut, and New Haven, and was unrelated to the Articles of Confederation of the United States formed after the Declaration of Independence. There were African and Native American slaves in New England beginning in the 18th century. The Articles for the New England Confederation provided for the return of slaves in Section 8:

It is also agreed that if any servant ran away from his master into any other of these confederated Jurisdictions, that in such case, upon the certificate of one magistrate in the Jurisdiction out of which the said servant fled, or upon other due proof; the said servant shall be delivered, either to his master, or any other that pursues and brings such certificate or proof.

As the colonies expanded with waves of settlers pushing westward, slavery continued in the English territories and in former Dutch territories like New Amsterdam, prompting further legislation of a similar nature. Serious attempts at formulating a uniform policy for the capture of escaped slaves began under the Articles of Confederation of the United States in 1785.

There were two attempts at implementing a fugitive slave law in the Congress of the Confederation.

The Ordinance of 1784 was drafted by a Congressional committee headed by Thomas Jefferson, and its provisions applied to all United States territory west of the original 13 states. The original version was read to Congress on March 1, 1784, and it contained a clause stating:

That after the year 1800 of the Christian Era, there shall be neither slavery nor involuntary servitude in any of the said states, otherwise than in punishment of crimes, whereof the party shall have been duly convicted to have been personally guilty.

This was removed prior to final enactment of the ordinance on 23 April 1784. However, the issue did not die there, and on 6 April 1785 Rufus King introduced a resolution to re-implement the slavery prohibition in the 1784 ordinance, containing a fugitive slave provision in the hope that this would reduce opposition to the objective of the resolution. The resolution contained the phrase:

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