Simone Lawson
In a speech titled The Constitution of the United States: Is It Pro-Slavery or Anti-Slavery? delivered in Glasgow, Scotland, on March 26, 1860, Frederick Douglass outlined his views on the American Constitution, specifically addressing the question of whether it guaranteed the right to hold property in man. Douglass, who was born into slavery and became an abolitionist leader, argued that the Constitution did not protect slavery as a right of property and that enslaved individuals should be recognized as persons with due process rights. He advocated for a reform of the government rather than a breakup, believing that the way to abolish slavery was to vote for men who would use their powers to end it. Douglass's stance on the Constitution evolved throughout his career, and he later used it as a tool to advocate for the freedom and civil rights of African Americans and women.
| Characteristics | Values |
|---|---|
| Date | 26 March 1860 |
| Location | Glasgow, Scotland |
| Audience | Scottish Anti-Slavery Society |
| Topic | The United States Constitution: Is It Pro-Slavery or Anti-Slavery? |
| Key Points | - The United States Constitution is a written instrument that is complete in itself. |
| - The Constitution does not protect the right to hold property in man. | |
| - The way to abolish slavery is to vote for men who will use their powers to end it. | |
| - The intentions of the framers of the Constitution should be respected, but only as far as they are plainly stated in the document. | |
| - The Fugitive Slave Clause did not refer to slaves but to freemen. | |
| - The Constitution should be interpreted towards freedom and natural rights. |
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What You'll Learn
Frederick Douglass's views on the US Constitution
In 1851, Douglass publicly changed his stance on the Constitution, and his support for the Fifteenth Amendment and Black male suffrage caused a rift with some of his White female allies. Douglass saw the Constitution as an ideal that the country had yet to fulfil. He believed that the country's central legal document guaranteed civil rights for all people, and he challenged the country to reconsider who was a citizen and entitled to protection under the Constitution.
In his famous 1860 speech, "The Constitution of the United States: Is It Pro-Slavery or Anti-Slavery?", Douglass rejected the claim that the Constitution protected slave ownership as a right of property. He argued that the Fugitive Slave Clause did not refer to slaves at all, but to "persons," which had major implications for anti-slavery politics. Douglass also denied that the Constitution guaranteed the right to hold property in man, and he believed that interpreting the Constitution should always be construed toward freedom and natural rights.
Douglass's interpretation of the Constitution was not without controversy. He offered a misleading narrative of the Pinkney-Butler motion, claiming it was met by strong opposition. Douglass's literal reading of the Constitution made a serious legal point about the implications of ambiguous constitutional language. His views on the Constitution evolved as the realities of Black life in the South changed, and he constantly reconsidered his ideas.
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The US Constitution as a pro-slavery document
The US Constitution, drafted in 1787 and ratified in 1789, has been a subject of debate over its nature as a pro-slavery or anti-slavery document. While it did not contain the words "slave" or "slavery", it directly addressed American slavery in at least five provisions and indirectly protected the institution in other parts of the document.
One of the most notable pro-slavery aspects of the Constitution was the Three-Fifths Clause, which counted three-fifths of each state's slave population towards that state's total population for representation purposes. This gave Southern states with large slave populations more power in the House of Representatives and the Electoral College. Additionally, the Fugitive Slave Clause required the return of runaway slaves to their owners and empowered the federal government to suppress slave rebellions. The Constitution also prohibited Congress from outlawing the Atlantic slave trade until 1808, reflecting the framers' compromise between Northern and Southern states.
The interpretation of the Constitution as a pro-slavery document has been contested. Abolitionists like Frederick Douglass and William Lloyd Garrison challenged the notion, arguing that the Constitution protected the rights of all persons and that enslaved individuals were recognised as persons, not property. Douglass, a former slave, used the Constitution as a tool to advocate for the freedom and civil rights of African Americans and women. He emphasised the Fifth Amendment's guarantee of due process rights and the Preamble's promise of "the blessings of liberty".
The amendments to the Constitution, particularly the Thirteenth, Fourteenth, and Fifteenth Amendments, played a significant role in transforming the document. The Thirteenth Amendment, passed in 1865, abolished slavery in the United States, while the Fourteenth and Fifteenth Amendments expanded civil rights and addressed issues of suffrage. These amendments demonstrated a shift in the country's understanding of freedom and equality, moving towards a more inclusive interpretation of the Constitution.
In conclusion, while the original US Constitution contained provisions that protected slavery and reflected compromises made between states, it also provided a foundation for future abolition and the expansion of civil rights. The interpretation and application of the Constitution evolved over time, influenced by social and political changes, and ultimately led to the eradication of slavery and the advancement of civil rights for all Americans.
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The Fugitive Slave Clause
The clause was unanimously approved by the Convention without further debate. However, James Wilson and Roger Sherman objected that this would oblige the executive of the state to seize fugitive slaves at public expense. The exact wording of the clause was carefully considered to avoid inferring that the Constitution itself legally sanctioned slavery. Historian Donald Fehrenbacher believes that the intention was to make it clear that slavery existed only under state law, not federal law.
The Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has rendered the Fugitive Slave Clause mostly irrelevant.
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The Fifteenth Amendment
The United States Constitution played a significant and enduring role in the life and career of Frederick Douglass, a brilliant and capable leader who was born into slavery, escaped, and became an abolitionist. Douglass's views on the Constitution evolved over time, and he eventually used it as a tool to advocate for the freedom and civil rights of African Americans and women.
In the spring of 1851, Douglass publicly changed his stance on the Constitution, marking a shift that would inform the rest of his career. He challenged the country to reconsider who was a citizen and entitled to protection under the Constitution. Douglass believed that the Constitution should always be interpreted towards freedom and natural rights, despite any ambiguity in a particular situation.
One of the key aspects of Douglass's legacy was his stance on the Fifteenth Amendment to the U.S. Constitution. The Fifteenth Amendment became a focus of suffrage for Black men, which led to a severance of ties between White suffragists and Black activists, including Douglass. Initially, Douglass found himself at odds with his fellow Garrisonian abolitionists, and later, his support for the Fifteenth Amendment and Black male suffrage was opposed by some of his White female allies.
Douglass denied that the Constitution protected the right to "property in man" and believed that the way to abolish slavery was to vote for men who would use their power to end it. He argued that the Constitution, as a written instrument, could only be altered, amended, or added to by the people. Douglass's interpretation of the Fugitive Slave Clause, which stated that enslaved individuals were "persons" rather than "property," had major implications for anti-slavery politics. This interpretation aligned with the core precept of anti-slavery constitutionalism, recognising the constitutional personhood of enslaved people.
In conclusion, Frederick Douglass's support for the Fifteenth Amendment was a significant aspect of his legacy and advocacy for the freedom and civil rights of African Americans. His evolving relationship with the United States Constitution demonstrates the complexity of his thinking and his commitment to using it as a tool for positive change.
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The Fourteenth Amendment
Frederick Douglass's views on the United States Constitution evolved throughout his lifetime. Initially at odds with Garrisonian abolitionists, he later used the Constitution as a tool to advocate for the freedom and civil rights of African Americans and women. He supported the Fifteenth Amendment and Black male suffrage, a stance that caused conflict with some of his White female allies.
One of the key provisions of the Fourteenth Amendment is the granting of citizenship to ""all persons born or naturalized in the United States," thereby extending citizenship to formerly enslaved individuals. This amendment established that through the Constitution, African Americans and all people were entitled to civil rights.
Additionally, the Fourteenth Amendment addresses representation and voting rights. It states that when the right to vote for presidential and vice-presidential electors, Representatives in Congress, or state officials is denied or abridged for male citizens over twenty-one, the basis of representation shall be reduced proportionally.
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Frequently asked questions
Yes, Frederick Douglass said that the Constitution should be amended. In his 1860 speech "The Constitution of the United States: Is It Pro-Slavery or Anti-Slavery?", Douglass argued for a reform of the government rather than a breakup, stating that the Constitution could "only be altered, amended, or added to by the people".
In his speech, Frederick Douglass rejected the arguments made by both slaveholders and fellow abolitionists about the nature and meaning of the United States Constitution. He specifically addressed the question of whether the Constitution guaranteed the right to hold property in man, which he denied.
The speech received glowing reviews from historians, who praised Douglass's "power of mature reasoning" and his "ingenious textual interpretation of the Constitution". It was published as a pamphlet and contributed to the ongoing debate about slavery and the Constitution.
Yes, Frederick Douglass's views on the Constitution evolved throughout his career. Initially, he disagreed with his fellow Garrisonian abolitionists, but in the spring of 1851, he publicly changed his stance and began to use the Constitution as a tool to advocate for freedom and civil rights for African Americans and women.
Frederick Douglass offered an anomalous interpretation of the Fugitive Slave Clause, arguing that it did not refer to slaves at all. He claimed that the clause referred to "persons" rather than "property," which had major implications for anti-slavery politics and the constitutional rights of enslaved individuals.
