Simone Lawson
The Constitution of 1787 was a product of conflict, debate, and compromise between differing pro- and anti-slavery interests. The Constitution's authors omitted the words slave and slavery and failed to identify slaves as property, only indirectly recognising slavery's existence in some states. The three-fifths clause, for example, granted slave states extra representation in the House of Representatives, with southern white men being overrepresented in Congress. The Missouri Compromise of 1821, which admitted Missouri as a slave state, marked a turning point in America's sectional crisis, exposing deep societal divisions over slavery. The issue of slavery continued to divide the North and South, with the rise of abolitionism in the 1830s further inflaming tensions. These sectional divisions over slavery ultimately led to the Civil War.
| Characteristics | Values |
|---|---|
| The Constitution omitted the words "slave" and "slavery" | The Constitution failed to define slaves as property or to cast the institution in explicitly racial terms |
| The three-fifths clause | The clause granted slave states extra representation in the House of Representatives |
| The Constitution's slavery and sectional clauses | The clauses were the product of conflict, accommodation, and compromise |
| Missouri Compromise | A turning point in America's sectional crisis that exposed how divisive the slavery issue had become |
| Fugitive slave laws | The Constitution enabled Congress to draft fugitive slave laws |
| Sectionalism | The growing divide between the North and South made compromise difficult |
| Abolitionism | A movement that emerged in the North, supporting the end of slavery in the United States |
| Compromise | Efforts to prevent the Civil War failed, and the nation was at war by April 1861 |
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What You'll Learn
The Constitution's ambiguous stance on slavery
The US Constitution of 1787 was the product of prolonged and contentious conflict, debate, and accommodation. The Constitution's provisions regarding slavery were the result of a series of conflicts, accommodations, and compromises. The Constitution omitted the words "slave" and "slavery" and failed to identify slaves as property, instead referring to them euphemistically. This indirect recognition of slavery allowed slaveholders to demand and gain privileges and protections under the Constitution, such as the three-fifths clause, which granted slave states extra representation in the House of Representatives.
The Missouri Compromise of 1820, which admitted Missouri as a slave state while prohibiting slavery north of the 36°30′ line, marked a major turning point in America's sectional crisis. It exposed how divisive the issue of slavery had become and sparked debates about the framers' intentions regarding slavery's expansion. While most Americans concluded that the Constitution protected slavery where it already existed, there were differing interpretations of simple phrases like "all men are created equal."
The rise of militant abolitionism after 1830 further agitated the slavery issue, with northerners criticizing slavery as morally abhorrent and incompatible with natural rights and liberty principles. Southerners, on the other hand, defended slavery as a "positive good," arguing that it benefited slaves by providing them with food, shelter, and religion. These differing views on slavery, known as sectionalism, made compromise increasingly difficult and eventually led to the Civil War.
In conclusion, the Constitution's ambiguous stance on slavery was the result of conflicting interests and compromises during its drafting. The issue of slavery continued to divide the nation, with the Missouri Compromise and the rise of abolitionism further exacerbating tensions. The Constitution's failure to explicitly address slavery allowed for multiple interpretations and endorsements, reflecting the complex and contentious nature of the issue during the Revolutionary period.
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Sectionalism and the Missouri Compromise
The Missouri Compromise of 1820 was a law passed by the U.S. Congress to address growing sectional tensions over the issue of slavery. It was proposed by Henry Clay, the Speaker of the House of Representatives, to calm the anxieties surrounding the sectional balance in Congress. The compromise involved admitting Missouri as a slave state and Maine as a free state to the Union. This was a temporary solution to the brewing controversy over slavery in the United States.
The Missouri Compromise also divided the Louisiana Purchase territory into two zones. The northern zone, above the 36°30' line, was reserved for free territory, while the southern zone was left open to the extension of slavery. This line was supposed to prevent further debates over the extension of slavery, with the understanding that slavery would not expand north of this line.
The Compromise created a new sectional consensus that most white Americans hoped would ensure lasting peace. They agreed that the Constitution protected slavery where it already existed and that slavery would not expand north of the agreed-upon line. However, westward expansion once again challenged this consensus, and the results were damaging. Enslaved southerners were among the first to express their discontent, with a rebellion led by Denmark Vesey in 1822 threatening lives and property in the Carolinas.
The Missouri Compromise exposed how divisive the issue of slavery had become in the United States. It marked the beginning of a prolonged sectional conflict over the extension of slavery that ultimately led to the American Civil War. The Compromise managed to keep the peace temporarily, but it failed to resolve the pressing question of slavery's place in the nation's future. Southerners opposed the Compromise because it set a precedent for Congress to make laws concerning slavery, while Northerners disliked the expansion of slavery into new territories.
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The rise of abolitionism
The abolitionist movement began with Enlightenment-era criticism of slavery as a violation of the "rights of man". By the late 18th century, moral disapproval of slavery was widespread, and antislavery reformers won several victories. In 1772, Granville Sharp secured a legal decision in Britain that West Indian planters could not hold slaves, as it was contrary to English law. In the US, all states north of Maryland abolished slavery between 1777 and 1804.
The Society for the Relief of Free Negroes Unlawfully Held in Bondage (Pennsylvania Abolition Society), formed in 1775, was the first American abolition society, primarily established by Quakers. In 1777, independent Vermont became the first polity in North America to prohibit slavery, although slaves were not directly freed. The US Constitution, drafted in 1787, omitted the words "slave" and "slavery" and failed to identify slaves as property, only indirectly recognising slavery's existence in some states.
In the early 19th century, abolitionist literature was mailed to the South, giving rise to gag rules in Congress. Black and white abolitionists in the first half of the 19th century waged a biracial assault against slavery, making it difficult to ignore. Notable abolitionists included William Lloyd Garrison, who used poetry to enhance anti-slavery sentiment, and Sojourner Truth, a former slave who believed she was called by God to travel and preach his word.
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Fugitive slave laws
The U.S. Constitution, produced by the founders in Philadelphia in 1787, was the result of prolonged and contentious conflict, debate, and accommodation. It was neither wholly anti-slavery nor wholly pro-slavery. The Constitution included a ""Fugitive Slave Clause" (Article 4, Section 2, Clause 3) which stated that "no person held to service or labor" would be released from bondage if they escaped to a free state. This clause was included due to concerns from Southern politicians that the newly-free states would become safe havens for runaway slaves. Despite this inclusion, anti-slavery sentiment remained high in the North, and many petitioned Congress to abolish the practice.
In 1793, Congress passed the Fugitive Slave Act, which was similar to the Fugitive Slave Clause but included more detailed instructions on how the law should be enforced. This act allowed owners of enslaved people and their "agents" to search for escapees within free states and bring them before a judge, where the owner would have to prove ownership. This could often take the form of a signed affidavit, and if the court was satisfied, the owner could take custody of the enslaved person and return them to their home state. The law also imposed a $500 penalty on anyone who helped harbor or conceal escapees.
The Fugitive Slave Act of 1793 was met with strong opposition in the Northern states, with many arguing that it was legalized kidnapping. Some Northern states refused to enforce the law and passed "Personal Liberty Laws" to protect accused runaways and free blacks. The controversy over the status of fugitive slaves was influenced by escaped former slaves, including Frederick Douglass, who helped to swell the ranks of abolitionists.
Another Fugitive Slave Act was passed in 1850, which provided for the seizure and return of runaway enslaved people who escaped from one state to another or into federal territory. This act was repealed in 1864, along with the Fugitive Slave Act of 1793.
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The Civil War
The Constitution of 1787, drafted in Philadelphia, was the product of contentious conflict and debate over slavery. While it omitted the words "slave" and "slavery", it included clauses that indirectly recognised and protected the institution of slavery, such as the three-fifths clause, which granted slave states extra representation in the House of Representatives. These clauses allowed for multiple interpretations and endorsements, reflecting the complex and conflicting views of the time.
In the 1820s, Missouri's admission to the Union as a slave state exposed deep divisions in American society. The Missouri Compromise of 1820, which prohibited slavery in the rest of the Louisiana Purchase territory north of Missouri's southern border, temporarily eased tensions. However, westward expansion and the rise of militant abolitionism in the 1830s reignited the debate over slavery's expansion.
The growing divide between the North and South, known as sectionalism, made compromise increasingly difficult. The South banned abolitionist writings, and even many Northerners disliked abolitionists due to their radical views. The election of 1860 further highlighted these divisions, with Abraham Lincoln taking a strong anti-slavery stance. Southerners refused to accept Lincoln as their president, and South Carolina led the movement to leave the Union, followed by other Southern states. They formed the Confederate States of America and drafted a constitution protecting slavery.
The attack on Fort Sumter in South Carolina marked the beginning of the Civil War. Abraham Lincoln called for volunteers from the North to crush the rebellion, but compromise efforts failed. The nation was now engulfed in a war that had its roots in the complex interplay between sectionalism and slavery, dating back to the compromises and ambiguities of the Constitution.
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Frequently asked questions
The American Constitution of 1787 avoided using the words "slave" and "slavery" and did not identify slaves as property. However, it included clauses that indirectly recognised slavery and offered protections for slaveholders, such as the three-fifths clause, which granted slave states extra representation in the House of Representatives.
Missouri's admission to the Union in 1821 as a slave state exposed deep divisions in American society. The Missouri Compromise of 1820, which admitted Missouri as a slave state, temporarily eased sectional tensions, but the rise of militant abolitionism after 1830 kept the slavery issue at the forefront of American politics.
The Constitution was the product of prolonged conflict, debate, and accommodation between emerging sections with divergent interests. The clauses on slavery were ambiguous enough to allow for its endorsement and quick ratification in states with differing views on slavery.
The growing movement against slavery in the North, known as abolitionism, further widened the divide between the North and South, making compromise difficult. Southern politicians viewed abolitionism as a threat to their way of life and political dominance.
Sectional tensions over slavery escalated during the 1850s and led to the Civil War in 1861. Southern states seceded from the Union and formed the Confederate States of America, refusing to accept Abraham Lincoln as president due to his opposition to slavery.
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