Isabella Carter
The US Constitution did not use the word 'slave' but it did protect the slave trade. Delegates from Southern states lobbied to protect the slave trade at the Constitutional Convention, and the Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years. The notorious three-fifths clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause required the return of runaway slaves to their owners.
| Characteristics | Values |
|---|---|
| The word 'slave' avoided | Yes, the word 'slave' does not appear in the Constitution |
| Slave trade banned | No, the Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years |
| Fugitive slave clause | Yes, the Constitution required the return of runaway slaves to their owners |
| Three-fifths clause | Yes, the Constitution counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College |
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What You'll Learn
- The Three-Fifths Compromise gave the South extra representation in the House of Representatives and extra votes in the Electoral College
- The Fugitive Slave Clause required the return of runaway slaves to their owners
- The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years
- The Constitution avoided using the word 'slave'
- The Constitution's protection of property in the Due Process Clause of the Fifth Amendment was used to protect slave-holding
The Three-Fifths Compromise gave the South extra representation in the House of Representatives and extra votes in the Electoral College
During the Revolutionary War, many states passed laws banning the slave trade. However, delegates from Southern states lobbied to protect the slave trade at the Constitutional Convention, and the framers were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union. This led to the great compromise, which Madison wrote "seems now to be pretty well understood that the real difference of interests lies not between the large and small but between the northern and southern states. The institution of slavery and its consequences form the line of discrimination".
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The Fugitive Slave Clause required the return of runaway slaves to their owners
Although the word "slave" does not appear in the Constitution, slavery received important protections. The Fugitive Slave Clause, or Article IV, Section 2, Clause 2, required the return of runaway slaves to their owners. It states 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.
The text avoids the use of the word "slavery", but traces of a slave-holding society can be seen in other parts of the early Constitution, such as the federal structure of the government and the protection of property in the Due Process Clause of the Fifth Amendment. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years.
Many of the framers harboured moral qualms about slavery, but they were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union. Delegates from Southern states lobbied to protect the slave trade at the Constitutional Convention, leading to debates regarding the ethics of slavery.
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The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years
The Constitution did protect the slave trade. The word "slave" does not appear in the Constitution, but slavery received important protections in the document. The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years, until 1808. This was known as the "Slave Trade Clause" or the "Fugitive Slave Clause". The text avoided the use of the word "slavery", but the traces of a slave-holding society can be seen in other parts of the early Constitution. For example, the federal structure of the government, including the Senate, and the limitations on the powers of the federal government.
The "Fugitive Slave Clause" in Article IV, Section 2, Clause 2, states 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.
The Three-Fifths Compromise also gave the South extra representation in the House of Representatives and extra votes in the Electoral College. Thomas Jefferson would have lost the election of 1800 if not for this compromise.
Many of the framers harboured moral qualms about slavery, but they were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union. Delegates from Southern states lobbied to protect the slave trade at the Constitutional Convention, and about 25 of the 55 delegates to the convention owned slaves.
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The Constitution avoided using the word 'slave'
Article 1, Section 9 of the Constitution stated that Congress could not prohibit the "importation" of persons prior to 1808. Twenty years later, the Act "to prohibit the importation of slaves in any port or place within the jurisdiction of the United States, from and after the first day of January [1808]." was passed. The 1808 Act imposed heavy penalties on international traders, but did not end slavery itself nor the domestic sale of slaves.
The Fugitive Slave Clause in Article IV, Section 2, Clause 2, provides 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." Again, the text avoids the use of the word slavery.
Many of the framers harboured moral qualms about slavery. They were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union. By sidestepping the slavery issue, the framers left the seeds for future conflict.
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The Constitution's protection of property in the Due Process Clause of the Fifth Amendment was used to protect slave-holding
Although the word "slave" does not appear in the US Constitution, the document did protect the slave trade and slavery in several ways. The Constitution's protection of property in the Due Process Clause of the Fifth Amendment was used to protect slave-holding. This is because the text avoided the use of the word "slavery", instead referring to persons held to service or labour.
Article 1, Section 9 of the Constitution stated that Congress could not prohibit the "importation" of persons prior to 1808. This was to protect the Atlantic slave trade. Twenty years later, the Act "to prohibit the importation of slaves in any port or place within the jurisdiction of the United States, from and after the first day of January [1808.]"" was passed. However, this did not end slavery itself or the domestic sale of slaves.
The notorious three-fifths clause—which counted three-fifths of a state’s slave population in apportioning representation—gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also included a fugitive slave clause, which required the return of runaway slaves to their owners.
Many of the framers of the Constitution owned slaves and had moral qualms about slavery. They were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union.
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Frequently asked questions
Yes, the Constitution protected the slave trade. Article 1, Section 9 stated that Congress could not prohibit the "importation" of persons prior to 1808. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years.
The Constitution protected the slave trade through the "Fugitive Slave Clause" in Article IV, Section 2, Clause 2, which 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". The Constitution also included the three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Constitution protected the slave trade due to lobbying from delegates from Southern states at the Constitutional Convention. They were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union.
