Simone Lawson
The United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words slave or slavery within its text. However, it directly addressed American slavery in at least five provisions and indirectly protected the institution in other parts of the document. The Constitution's clauses related to slavery included the Three-Fifths Clause, which counted three-fifths of a state's slave population for representation, giving the South extra representation in the House of Representatives and the Electoral College. Other clauses included the ban on Congress ending the slave trade for twenty years, the Fugitive Slave Clause, and the slave insurrection clause. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. The issue of slavery and its protection in the Constitution contributed to the coming of the Civil War and the eventual abolition of slavery.
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What You'll Learn
The Three-Fifths Clause
This clause was a concession to the Southern states, which had large slave populations. By counting three-fifths of their enslaved population, the Southern states gained extra representation in the House of Representatives and extra votes in the Electoral College. This resulted in the Southern states being overrepresented in national politics. However, the Northern states argued that this compromise would increase the number of pro-slavery legislators and that slaves should not be considered when determining representation.
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Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. It requires a "person held to service or labour" in one state, who escapes 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 exact wording of the clause is as follows:
> 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 Fugitive Slave Clause did not use the words "slave" or "slavery", in keeping with the Constitution's general avoidance of those terms. Instead, it used the euphemism "person held to service or labour", which usually referred to slaves, but could also refer to apprentices or indentured servants. The clause was unanimously approved by the Convention, despite objections from James Wilson and Roger Sherman, who argued that it would oblige state executives to seize fugitive slaves at public expense.
The Fugitive Slave Clause was enforced by the Fugitive Slave Act of 1793, which was strengthened as part of the Compromise of 1850. The Supreme Court's interpretation of the clause held that the owner of an enslaved person had the same right to seize and repossess them in another state as the local laws of their own state granted to them. State laws that penalised such a seizure were deemed unconstitutional.
The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts.
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Slave Trade Clause
The Slave Trade Clause, also known as the Migration or Importation Clause, is outlined in Article 1, Section 9, Clause 1 of the US Constitution. This clause specifically addresses the issue of the importation of slaves into the United States. The clause states that Congress could not prohibit the "importation" of persons prior to 1808, which was twenty years after the drafting of the Constitution in 1787.
The inclusion of this clause in the Constitution was a compromise made by the framers to address the conflicting views on slavery among the delegates. Many of the framers personally opposed slavery on moral grounds, but they prioritized political unity and compromise to ensure the formation of a strong central government. They believed that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union.
The Slave Trade Clause reflects this compromise by prohibiting federal interference with the international slave trade for at least twenty years. This compromise ensured that slavery remained a national issue and embedded it deeper into the fabric of American governance. It is important to note that the framers avoided using the words "slave" or "slavery" in the Constitution, instead referring to slaves as "persons."
The Slave Trade Clause had significant implications for the persistence of slavery in the United States. While the Act Prohibiting Importation of Slaves took effect in 1808, it did not end slavery or the domestic sale of slaves within the country. The clause's expiration in 1808 also marked a shift in popular sentiment, with increasing support for the abolition of the slave trade and slavery itself, both domestically and internationally.
In conclusion, the Slave Trade Clause of the US Constitution was a compromise that reflected the complex political and social landscape of the time. While it did not immediately end the slave trade, it played a role in shaping the trajectory of slavery in the United States and contributed to the moral and legal crisis surrounding the institution of slavery.
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The role of euphemisms
The United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. Instead, the Framers used euphemisms such as "Person held to Service or Labour" or "all other Persons" to refer to slaves. This reflected their attempt to avoid a moral confrontation while preserving the institution of slavery. The Framers believed that slavery was morally wrong and would eventually die out, and they did not want a permanent moral stain on the document. They also wanted to avoid suggesting that slavery was recognized under federal law, instead existing as a result of state laws.
The use of euphemisms in the Constitution was a deliberate choice by the Framers to sidestep the controversial issue of slavery and maintain political unity. Many of the Framers personally opposed slavery on moral grounds, but they prioritized unity and compromise over immediate abolition. This resulted in key compromises like the Three-Fifths Clause and the Fugitive Slave Clause that protected slaveholding interests. The Three-Fifths Clause, for example, counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and the Electoral College.
The Framers' conflicted stance towards slavery is evident in their use of euphemisms and indirect language. They recognized that slavery contradicted the natural rights of all men and the ideals of a republic. However, they also believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. The economic and political realities of slavery made substantive action against it impossible during the Constitutional Convention. The South's complete economic dependence on slavery meant that abolishing it was politically unfeasible.
The use of euphemisms in the Constitution had significant consequences, entrenching slavery and creating a moral and legal crisis. The Constitution implicitly protected slavery by prohibiting federal interference with the international slave trade for at least twenty years and requiring states to return fugitive slaves. These measures ensured that slavery remained a national issue, deeply embedded in the fabric of American governance. The euphemistic language also contributed to a broader culture of racial inequality, with the Supreme Court enforcing pro-slavery interpretations and resisting racial equality.
In conclusion, the role of euphemisms in the Constitution was to obscure the institution of slavery and maintain political unity. While the Framers may have hoped that slavery would eventually die out, their compromises and indirect language ultimately entrenched the practice and contributed to a moral and legal crisis. The Constitution's protection of slavery through euphemisms had lasting impacts on racial inequality in the United States, requiring amendments and ongoing struggles for racial justice.
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The Civil War
The American Civil War was fought over the issue of slavery. The Constitution had protected the institution of slavery, prohibited Congress from banning the slave trade for 20 years, and required that fugitive slaves be returned to their masters. The Southern states were reliant on slave labour, particularly in agriculture, and the expansion of slavery was a core objective of the Confederate states. The Civil War was fought to free the slaves and win ratification of the 13th Amendment to end slavery in the U.S.
During the war, in 1862, President Abraham Lincoln issued the Emancipation Proclamation, declaring that "all persons held as slaves...shall be...forever free". However, this did not end slavery across the nation as it only applied to areas of the Confederacy in rebellion. Lincoln recognised that this would need to be followed by a constitutional amendment.
The 13th Amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union. It abolished slavery in the United States, stating that:
> "Neither slavery nor involuntary servitude, except as a punishment for crime...shall exist within the United States, or any place subject to their jurisdiction."
The 13th Amendment was one of three Civil War amendments that greatly expanded the civil rights of Americans, along with the 14th and 15th Amendments.
The conclusion of the Civil War created many questions, including the role of African Americans in society. While former slaves faced a world of new possibilities, they also faced a racist and violent society with limited opportunities.
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Frequently asked questions
Protecting and institutionalizing slavery.
The Constitution did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document.
The specific clauses of the Constitution related to slavery were the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the Fugitive Slave Clause, and the slave insurrection clause.
Yes, the Constitution promoted slave ownership by promising increased political representation while keeping the international slave trade unregulated for 21 years.
