Eleanor Finch
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 specific clauses related to slavery included the Three-Fifths Clause, which counted three-fifths of a state's slave population in apportioning representation, 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, and that if the Constitution restricted the slave trade, some states would refuse to join the Union. These compromises entrenched slavery and created a moral and legal crisis that contributed to the coming of the Civil War and the eventual abolition of slavery through the Thirteenth Amendment in 1865.
| Characteristics | Values |
|---|---|
| Avoiding the use of the words "slave" and "slavery" | The original Constitution did not contain the words "slave" or "slavery" |
| Indirectly addressing slavery | The Constitution dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document |
| The 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 states to return fugitive slaves |
| Prohibiting federal interference with the international slave trade for at least 20 years | Banned Congress from ending the slave trade for 20 years |
| The moral dilemma | Many framers harbored moral qualms about slavery, but some owned slaves and others were former slaveholders |
| The economic dilemma | The Southern economy's reliance on slavery made it politically impossible for the framers to abolish the institution |
| The political dilemma | Concessions on slavery were the price for the support of Southern delegates for a strong central government |
| The prediction of future conflict | By sidestepping the slavery issue, the framers left the seeds for future conflict, including the Civil War |
| The role of the 13th Amendment | Passed by Congress and ratified in 1865, the 13th Amendment abolished slavery in the United States |
Explore related products
What You'll Learn
The Three-Fifths Clause
The Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney of South Carolina. Pinckney suggested that a "House of Delegates" be determined through the apportionment of "one Member for every thousand Inhabitants, 3/5 of Blacks included." While the Convention unanimously accepted the principle of proportional representation in the House, it initially rejected Pinckney's proposal regarding the apportionment of the black population. After a contentious debate, a compromise was reached to count "all other persons" as only three-fifths of their total number.
The Three-Fifths Compromise had significant implications for the representation of slave states in the House of Representatives. By including three-fifths of slaves in the legislative apportionment, it provided additional representation to slave states compared to free states. This resulted in increased political power for the Southern states, as they had large slave populations. The Compromise also influenced the federal tax contribution required of each state, increasing the direct federal tax burden on slave-holding states.
The Compromise has been criticised for its role in perpetuating slavery and granting slave-holding states additional political power. James Oakes, for example, described the Three-Fifths Clause and the Fugitive Slave Clause as "the bricks and mortar of the proslavery Constitution." Historian Garry Wills has also speculated that without the additional slave state votes provided by the Compromise, historical events such as Jefferson's election in 1800 and Jackson's Indian removal policy may have turned out differently.
The National Assembly's Role in Shaping France's Constitution
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 a clause in the United States Constitution that addressed the issue of fugitive slaves. The clause, Article IV, Section 2, Clause 3, states:
> 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.
This clause required that a "Person held to Service or Labour" (usually a slave, apprentice, or indentured servant) who fled to another state be returned to their master in the state from which they escaped. The words "slave" and "slavery" were notably absent from the clause, in keeping with the Constitution's avoidance of directly addressing slavery.
The Fugitive Slave Clause was enacted to address the issue of fugitive slaves and the rights of slaveholders to reclaim their property. It was a compromise made by the framers of the Constitution to gain the support of southern delegates, who threatened to refuse to join the Union if slavery was restricted. This clause effectively nullified the laws of free states that offered protection to fugitive slaves, ensuring that slavery remained a national issue and embedding it deeper into American governance.
The Supreme Court's interpretation of the Fugitive Slave Clause gave slave owners the right to seize and repossess their escaped slaves in another state, as granted by the local laws of their own state. This interpretation also deemed any state laws that penalised such seizures as unconstitutional. The enforcement provisions of the Fugitive Slave Act of 1793 were strengthened in the Compromise of 1850, further emphasising the legal obligation to return fugitive slaves to their owners.
The Fugitive Slave Clause was controversial and contributed to the growing divide between the North and the South. It was a key factor in South Carolina's decision to secede from the Union in 1860, with the state's declaration heavily criticising Northern states for violating the clause. The clause was ultimately rendered mostly irrelevant by the Thirteenth Amendment, which abolished slavery except as punishment for criminal acts.
Understanding the US Constitution: Its Role and Relevance
You may want to see also
Avoiding the words 'slave' and 'slavery'
The US 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 of its provisions and indirectly protected the institution in other parts of the document. The framers of the Constitution consciously avoided using these words, recognising that they would sully the document.
The framers' conflicted stance towards slavery led them to use euphemisms like "Person held to Service or Labour" instead of explicit references to slavery. They prioritised political unity over abolition, resulting in key compromises like the Three-Fifths Clause and the Fugitive Slave Clause, which protected slaveholding interests. The Three-Fifths Clause, found in Article 1, Section 2, Paragraph 3, provided that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and three-fifths of all other persons. The "other persons" referred to the African slaves who comprised around a third of the population of the Southern states at that time.
The Constitution also implicitly protected slavery by prohibiting federal interference with the international slave trade for at least twenty years (Article I, Section 9) and requiring states to return fugitive slaves (Article IV, Section 2). These measures ensured that slavery remained a national issue, embedding it deeper into American governance.
The framers' use of indirect language and euphemisms in the Constitution reflected their attempt to sidestep moral confrontation while preserving the institution of slavery. They believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. By avoiding direct references to slavery, the framers laid the groundwork for future conflict, as the issue would need to be addressed eventually.
Executive Departments: Their Core Functions and Purpose
You may want to see also
Explore related products
$56.51 $27.95
The Missouri Compromise
To break the deadlock, Speaker of the House Henry Clay proposed admitting Missouri as a slave state while simultaneously admitting Maine (then part of Massachusetts) as a free state. The Senate added a provision banning slavery in the remaining Louisiana Purchase lands north of the 36°30' parallel, which was the southern border of Missouri. This provision held for 34 years until it was repealed by the Kansas-Nebraska Act of 1854, which allowed slavery north of the 36°30' parallel.
Energy in the Executive: Powering Performance and Productivity
You may want to see also
The 13th Amendment
The original United States Constitution did not contain the words "slave" or "slavery" within its text, but it did directly deal with American slavery in at least five of its provisions and indirectly protected the institution elsewhere. The Constitution's framers avoided using direct language about slavery because of the stark differences between the northern and southern states. While the northern states used universal language affirming freedom and equality for all men, the southern states employed restrictive language that limited rights to "freemen," accommodating slavery. The framers also believed that slavery would die out naturally, and they did not want a permanent moral stain on the document.
Understanding Differences in Excerpts Through Comparative Analysis
You may want to see also
Frequently asked questions
No, the original Constitution did not contain the words "slave" or "slavery". However, it directly dealt with American slavery in at least five of its provisions and indirectly protected the institution.
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.
The framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government. Many of them harbored moral qualms about slavery. They believed that slavery was morally wrong and would die out, and they did not want that permanent moral stain on the document.
The Constitution temporarily strengthened slavery, but it also created a central government powerful enough to eventually abolish the institution. The Constitution also entrenched slavery and created a moral and legal crisis that would contribute to the coming of the Civil War.
Slavery was abolished in the United States through the 13th Amendment to the Constitution, which was passed by Congress on January 31, 1865, and ratified on December 6, 1865. The Amendment states 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."
