Omar Bennett
The original US Constitution, ratified in 1788, did not expressly use the words slave or slavery but included several provisions about unfree persons. The Three-Fifths Compromise, for instance, allocated Congressional representation based on the whole Number of free Persons and three-fifths of all other Persons. This clause was a compromise between Southern politicians who wished for enslaved African Americans to be counted as 'persons' for congressional representation and Northern politicians who rejected these proposals out of concern for Southern states accumulating too much power. The Fugitive Slave Clause also provided that slaves held under the laws of one state who escaped to another state did not become free but remained slaves. While the Constitution implicitly recognized slavery, it also created a central government powerful enough to eventually abolish the institution. The 13th Amendment, ratified in 1865, abolished slavery and involuntary servitude, except as punishment for a crime.
| Characteristics | Values |
|---|---|
| The word "slave" in the Constitution | The word "slave" does not appear in the Constitution. |
| The framers' intention | Many framers had moral qualms about slavery. |
| The Three-Fifths Compromise | The Three-Fifths Compromise counted three-fifths of a state's slave population in apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. |
| Fugitive Slave Clause | The Fugitive Slave Clause stated that slaves who escaped to another state did not become free, and the federal government would enforce their return to enslavers. |
| Abolition | The 13th Amendment, passed in 1864-1865, abolished slavery in the United States, except as punishment for a crime. |
| Citizenship | The 14th Amendment, passed in 1866 and ratified in 1868, defined African Americans as equal citizens under the law and established birthright citizenship. |
| Post-abolition challenges | Some Black Americans, particularly in the South, continued to face involuntary labor and discrimination. |
Explore related products
What You'll Learn
The Three-Fifths Compromise
The delegates from the small and large states were divided on the issue of the apportionment of legislative representation. The Virginia, or large state, plan provided for a bicameral legislature with representation of each state based on its population or wealth. The New Jersey, or small state, plan proposed equal representation for each state in Congress. Neither the large nor the small states would yield, but the deadlock was resolved by the Connecticut, or Great, Compromise, which resulted in the establishment of a bicameral legislature with proportional representation in the lower house and equal representation of the states in the Senate.
Slaveholding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, given that those slaves had no voting rights. A compromise was struck to resolve this impasse. The compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, effectively giving the Southern states more power in the House relative to the Northern states.
The Cabinet: Constitutional or Conventional?
You may want to see also
Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, was Article IV, Section 2, Clause 3 of the United States Constitution. It stated that:
> 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.
In other words, the Fugitive Slave Clause required a "Person held to Service or Labour" (usually a slave, apprentice, or indentured servant) who fled to another state to be returned to their master in the state from which they escaped. The clause was adopted at the Constitutional Convention of 1787.
The Fugitive Slave Clause was unanimously approved by the Convention, despite objections from James Wilson and Roger Sherman, who argued that it would oblige the executive of the state to seize fugitive slaves at public expense. The clause was also notable for its careful avoidance of the words "slave" and "slavery", a trend seen in other references to slavery in the Constitution.
The Fugitive Slave Clause was rendered mostly irrelevant by the Thirteenth Amendment to the United States Constitution, which abolished slavery and involuntary servitude, except as punishment for a crime. The Thirteenth Amendment was passed by the Senate and House of Representatives in 1864 and 1865, respectively, and was ratified in 1865, ending slavery in the United States.
Compatibility of America's Founding Documents: Constitution and Independence
You may want to see also
The 13th Amendment
The US Constitution, ratified in 1788, did not restrict citizenship based on race. However, it only counted enslaved people as three-fifths of a person, rather than as full citizens, in state populations. The word "slave" does not appear in the Constitution, but slavery received important protections in the form of the three-fifths clause, which gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
> "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."
Legislative and Executive Presidential Democracy: People's Voting Power
You may want to see also
Explore related products
$19.36 $19.95
The 14th Amendment
The US Constitution, ratified in 1788, did not restrict citizenship based on race. However, it also did not grant citizenship to enslaved people, instead counting them as three-fifths of a person in state populations. This three-fifths clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The 13th Amendment, ratified in December 1865, abolished slavery but did not address the citizenship status of newly freed African Americans. To resolve this, Congress passed the 14th Amendment, which was ratified on July 9, 1868. The 14th Amendment extended liberties and rights granted by the Bill of Rights to formerly enslaved people, defining them as equal citizens under the law.
Despite the promises of the 14th Amendment, Black citizens still faced resistance, violence, and retaliation when attempting to exercise their rights. The Supreme Court also ruled that the amendment did not extend the Bill of Rights to the states and failed to protect the rights of Black citizens. Nevertheless, citizens continued to fight for their rights, laying the groundwork for change in the 20th century.
Federal Civilian Workers: What's in a Name?
You may want to see also
The Civil War
The US Constitution, ratified in 1788, did not restrict citizenship based on race. However, it also did not grant citizenship to enslaved people, who were counted as 3/5ths of a person in state populations. The word "slave" does not appear in the Constitution, but slavery received important protections in the form of the Fugitive Slave Clause and the Three-Fifths Compromise. The Fugitive Slave Clause stated that slaves who escaped to another state must be returned to their enslavers, while the Three-Fifths Compromise gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The issue of slavery was a moral and ethical question that threatened the unity of the Constitutional Convention in 1787. While none of the 55 delegates (of whom 25 owned slaves) defended the morality of slavery, they also declined to outlaw the practice. Many of the framers harbored moral qualms about slavery, with some becoming members of anti-slavery societies. However, they ultimately consented to a document that laid the foundation for future tragic events.
In the decades following the ratification of the Constitution, the northern states banned slavery outright or with gradual emancipation schemes, and the Northwest Ordinance of 1787 banned slavery in new western territories. The Missouri Compromise of 1820 also banned slavery in the northern part of the Louisiana Territory. An abolitionist movement grew in strength in the North, calling for the immediate end of slavery nationwide and exacerbating tensions between the North and the South.
Following the Civil War, the 14th Amendment was passed in 1866 and ratified in 1868 to define African Americans as equal citizens under the law. It established the principle of birthright citizenship and provided African Americans with a legal basis to challenge discrimination and demand equal rights. However, Black Americans, particularly in the South, continued to face resistance, violence, and retaliation when attempting to exercise their rights and freedoms.
The Speaker's Role: Constitutional Duties and Powers
You may want to see also
Frequently asked questions
Yes, the original US Constitution implicitly allowed people to be born into slavery. The Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". This clause was a compromise between Southern politicians who wished for enslaved African Americans to be counted as 'persons' for congressional representation and Northern politicians who rejected these proposals out of concern for too much power for the South. The Fugitive Slave Clause also ensured that people born into slavery who escaped would be returned to their enslavers.
Yes, the 13th Amendment to the Constitution, passed in 1865, abolished slavery and involuntary servitude in the United States.
The 13th Amendment made slavery illegal throughout the United States. However, it did not address other fundamental questions about the status of newly freed African Americans. To resolve these issues, Congress passed the 14th Amendment, which defined African Americans as equal citizens under the law and provided them with a legal basis to challenge discrimination and demand equal rights.
Many of the framers of the Constitution had moral qualms about slavery. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, and several of them, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. No delegates to the Constitutional Convention defended the morality of slavery.
