
The US Constitution's relationship with slavery is complex. While the word slave does not appear in the Constitution, the document protected slavery through the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, giving the South more power in the House of Representatives and Electoral College. The Fugitive Slave Clause also ensured that a slave remained a slave even if they fled to a non-slavery state. The Constitution was viewed differently by abolitionists like William Lloyd Garrison, who called it a covenant with death and an agreement with Hell and burned it in 1854. Abolitionists like Garrison used non-violent methods, moral suasion, and the press to advocate for emancipation. Despite their efforts, it was the 13th Amendment, passed in 1865, that finally abolished slavery in the US, providing that neither slavery nor involuntary servitude would exist within the nation.
| Characteristics | Values |
|---|---|
| Abolitionists' view of the Constitution | Abolitionist William Lloyd Garrison called the Constitution "a covenant with death and an agreement with Hell" and burned it in 1854. |
| Abolitionists like Garrison believed the Constitution was pro-slavery. | |
| The first African American to sit on the Supreme Court, Thurgood Marshall, said on the 200th anniversary of the Constitution's ratification that it was "defective from the start" because it left out a majority of Americans when it used the phrase "We the People." | |
| The word "slave" does not appear in the Constitution, but slavery received important protections in the Constitution. | |
| The Three-Fifths Clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College. | |
| The Fugitive Slave Clause stated that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state. | |
| The 13th Amendment, passed in 1865, abolished slavery in the United States. | |
| Abolitionists' methods | Abolitionists focused attention on slavery, making it difficult to ignore. |
| Abolitionists used methods such as petitions, public lectures, publications, civil disobedience, and boycotts of products made with slave labor. | |
| Abolitionists like William Lloyd Garrison advocated for non-violent methods of moral suasion. | |
| Abolitionist John Brown attempted to seize the federal arsenal at Harpers Ferry in 1859 to arm slaves and was sentenced to death for treason. | |
| Abolitionists like Frederick Douglass and William Lloyd Garrison traveled across the North to tell their stories and advocate for the eradication of slavery. |
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What You'll Learn

The 13th Amendment: The Abolition of Slavery
The 13th Amendment to the US Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. The amendment states:
> "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 13th Amendment, along with the 14th and 15th Amendments, is one of the three Civil War amendments that significantly expanded the civil rights of Americans. The road to the 13th Amendment was long and arduous, and it was preceded by a series of events and proposals that laid the groundwork for its eventual ratification.
The original US Constitution implicitly recognised slavery through provisions such as the Three-Fifths Compromise, which counted three-fifths of each state's enslaved population towards its representation in the House of Representatives and the Electoral College. Despite some members of the Constitutional Convention voicing objections to slavery, the final document did not include the word "slave," and the framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates.
In the years leading up to the Civil War, an abolitionist movement gained momentum in the North, led by figures such as William Lloyd Garrison, Theodore Dwight Weld, and Angelina Grimké. Garrison, a prominent abolitionist, founded the anti-slavery newspaper "The Liberator" and became one of the founding members of the American Anti-Slavery Society. In 1854, he burned the Constitution, calling it "a covenant with death and an agreement with Hell."
During the Civil War, President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, declaring all persons held as slaves within any state in rebellion against the United States to be forever free. However, this proclamation did not end slavery nationwide, as it only applied to areas of the Confederacy in rebellion and not to the "border states" that remained in the Union. Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery.
The 13th Amendment was passed at the end of the Civil War, and while it should have easily passed in Congress, it initially faced opposition in the House. On February 1, 1865, President Lincoln approved the Joint Resolution of Congress, and by December 6, 1865, the necessary number of states had ratified the amendment, finally abolishing slavery in the United States.
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The role of the US Constitution in the Civil War
The US Constitution played a significant role in the Civil War, a conflict that was largely fought over the issue of slavery. While the Constitution did not explicitly mention slavery until 1865, it contained several provisions that protected and perpetuated the institution of slavery. One of the most notable was the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, giving Southern states with large slave populations greater representation in the House of Representatives and more votes in the Electoral College. The Fugitive Slave Clause, located in Article IV, Section 2, further protected slavery by stating that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state.
In the years leading up to the Civil War, abolitionists played a crucial role in bringing the issue of slavery to the forefront of national attention. Black and white abolitionists often worked together, using methods such as public lectures, publications, civil disobedience, and boycotts of products made with slave labour to heighten the rift that threatened to destroy the unity of the nation. Notable abolitionists such as Frederick Douglass and William Lloyd Garrison advocated for the eradication of slavery through their writing and speaking engagements. Douglass, who had escaped slavery himself, published his autobiography, "Narrative of the Life of Frederick Douglass", which brought him national fame and the attention of his former owners. Garrison, a white abolitionist, founded the influential anti-slavery newspaper "The Liberator" and was a founding member of the American Anti-Slavery Society, which drafted a declaration pledging its members to work for emancipation through non-violent actions.
However, not all abolitionists advocated for peaceful methods. John Brown, a militant abolitionist, attempted to seize the federal arsenal at Harpers Ferry in 1859, hoping to arm slaves and overthrow their masters. While his attempt failed, it further heightened tensions leading up to the Civil War.
During the Civil War, President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, declaring all persons held as slaves within any state in rebellion against the United States to be forever free. While this proclamation did not end slavery nationwide, it shifted the purpose of the war from solely preserving the Union to the additional goal of destroying slavery. The Proclamation authorized the enlistment of freed African Americans into the United States military and created a new population of freed people, but it did not guarantee their freedom after the war.
Finally, in 1865, the 13th Amendment to the US Constitution was passed and ratified, officially abolishing slavery. The Amendment states 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." With the adoption of the 13th Amendment, the United States found a final constitutional solution to the issue of slavery, and the Civil War came to an end.
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The impact of the Fugitive Slave Clause
The Fugitive Slave Clause, also known as Article 4, Section 2, Clause 3, was included in the U.S. Constitution to address the concerns of Southern politicians about runaway enslaved people finding refuge in free states. This clause stated that "no person held to service or labor" would be released from bondage if they escaped to a free state. Despite this inclusion, anti-slavery sentiments persisted in the North, with many petitioning Congress for the outright abolition of slavery.
The Fugitive Slave Clause laid the foundation for the Fugitive Slave Acts, a set of federal laws passed in 1793 and 1850. These laws authorized local governments, law enforcement officers, and judges to seize and return runaway enslaved individuals to their owners. The 1793 law faced immediate criticism and resistance, particularly from Northern states, as it was seen as legalized kidnapping and a violation of personal liberty. This resistance led to the enactment of Personal Liberty Laws by several Northern states, which provided accused runaways with the right to a jury trial and protected free Black individuals from being abducted and sold into slavery.
The Fugitive Slave Act of 1850, part of the Compromise of 1850, further strengthened the provisions for capturing and returning runaway enslaved people. It imposed heavy penalties on federal marshals who refused to enforce the law or from whom a fugitive escaped, as well as on individuals who aided in the escape of enslaved people. This act also made the federal government responsible for locating, returning, and trying escaped slaves. The severity of the 1850 measure led to increased abolitionist sentiment, more efficient operations of the Underground Railroad, and the enactment of additional Personal Liberty Laws in Northern states.
The Fugitive Slave Acts were considered to be among the most controversial laws of the early 19th century, inciting sectional hostility and contributing to South Carolina's secession from the Union in December 1860. The laws were eventually repealed in 1864 during the American Civil War, marking a significant step towards the ultimate abolition of slavery in the United States. The impact of the Fugitive Slave Clause, through the Fugitive Slave Acts, highlighted the growing divide between the North and the South, intensified abolitionist efforts, and underscored the need for comprehensive legal protections for the freedom and rights of all individuals.
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The significance of the Emancipation Proclamation
The Emancipation Proclamation, decreed by President Abraham Lincoln on 1 January 1863, was one of the most unprecedented acts in United States history. It was the initial Civil Rights Act that changed the course of the nation's history and laid the foundation for the abolition of slavery.
The Proclamation was an executive order issued during the Civil War, which provided freedom to enslaved Black people in the rebelling Confederate states. It declared that "all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free." This proclamation did not end slavery in the entire nation, as it only applied to areas of the Confederacy in rebellion and not to the loyal "border states" that remained in the Union.
Despite not abolishing slavery nationwide, the Emancipation Proclamation was a significant turning point in the battle against slavery. It broadened the goals of the Union war effort by making the eradication of slavery an explicit Union goal, in addition to reuniting the country. This proclamation also had international implications, as it prevented European forces from intervening in the war on behalf of the Confederacy. By linking support for the Confederacy to support for slavery, the Proclamation swung foreign popular opinion in favor of the Union, gaining the support of European countries that had already outlawed slavery.
The Emancipation Proclamation was followed by the 13th Amendment to the U.S. Constitution, passed by Congress on 31 January 1865 and ratified on 6 December 1865. This amendment abolished slavery in the United States, providing 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 13th Amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans, providing a final constitutional solution to the issue of slavery.
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The influence of abolitionist literature
The written word has been one of the most important tools employed by abolitionists. Several texts have had a profound effect in shaping the majority of the modern world's perspective against implementing slavery. These works, often written by former slaves or abolitionists, provided first-hand accounts of the brutalities and inhumanities of slavery, which were previously unknown or ignored by many in society. They served as a powerful tool in the abolitionist movement, challenging the status quo and forcing people to confront the moral implications of slavery.
One of the most influential pieces of abolitionist literature was Harriet Beecher Stowe's "Uncle Tom's Cabin", published in 1852. The novel depicted the harsh realities of slavery and its impact on families, stirring empathy among readers. It became a bestseller in the United States and Britain, and its influence was so profound that upon meeting Stowe, President Abraham Lincoln reportedly said, "So you're the little woman who wrote the book that started this great war."
Another influential work was "Twelve Years a Slave", originally published in 1853 after being dictated by Solomon Northup to a white lawyer and legislator, David Wilson. The narrative recounts the tragic drugging and kidnapping of Northup, a free Northern Black man, into slavery in the South, where he remained for 12 years. After the book's publication, Northup went on tour around the country to promote it, and it sold over 30,000 copies.
The Liberator, founded by the ardent abolitionist William Lloyd Garrison, was also a significant publication in the abolitionist movement. With a paid circulation of roughly 3,000 in the North, the newspaper became one of the most influential publications of the movement. Through the paper, Garrison propagated his view that "moral suasion" and nonviolence would be effective methods to promote abolition.
Other influential abolitionist literature includes autobiographical narratives by former slaves such as Frederick Douglass and Harriet Jacobs, which provided an unfiltered view into the life of a slave. Douglass's "Narrative of the Life of Frederick Douglass, an American Slave" and Jacobs's "Incidents in the Life of a Slave Girl" were instrumental in humanising slaves, countering stereotypes, and revealing the systemic injustices of slavery. These narratives educated the public and rallied support for the abolitionist cause.
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Frequently asked questions
Yes, the US Constitution supported slavery. The Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3, was designed to handle the apportionment of the substantial enslaved population across the country, specifically for measuring the number of seats the individual states should have in the House of Representatives. The Fugitive Slave Clause, located in Article IV, Section 2, further asserted that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state.
Yes and no. Abolitionists like William Lloyd Garrison, who founded the anti-slavery newspaper *The Liberator,* recognized the Constitution as a pro-slavery document. In 1854, he burned the document and called it "a covenant with death and an agreement with Hell". However, the 13th Amendment to the Constitution, passed in 1865, abolished slavery in the United States.
The 13th Amendment to the US Constitution states 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."
On September 22, 1862, in the midst of the American Civil War, President Lincoln issued the Emancipation Proclamation, declaring all 3.5 million African American slaves living in the secessionist Southern states as free. The Proclamation also authorized the enlistment of freed African Americans into the United States military.
In 1833, sixty abolitionist leaders from ten states met in Philadelphia to create the American Anti-Slavery Society, which elected officers and adopted a constitution and declaration. Drafted by William Lloyd Garrison, the declaration pledged its members to work for emancipation through non-violent actions of "moral suasion". Abolitionists also sent petitions with thousands of signatures to Congress, held abolition meetings and conferences, boycotted products made with slave labor, printed literature, and gave speeches for their cause.

























