Isabella Carter
The US Constitution was framed in 1787, at a time when slavery was a major component of the economy and society in the United States. The framers of the Constitution were faced with the challenge of reconciling the ideals of liberty and justice with the existence of slavery. While some framers objected to slavery, others threatened to walk out of the Constitution if it was threatened. This led to a series of compromises, such as the Three-Fifths Clause, the Fugitive Slave Clause, and the ban on Congress ending the slave trade for twenty years, which protected slavery without directly mentioning the word slave or slavery. These compromises laid the foundation for future conflicts over slavery, as they created a central government powerful enough to eventually abolish slavery, but also gave extra representation to slave-holding states. The controversy over slavery persisted and intensified as new states entered the union, ultimately leading to the Civil War and the end of slavery in the United States.
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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 proposed 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 initially rejected his proposal, it later agreed to the Compromise as a way to balance sectional interests and maintain the unity of the new United States.
The inclusion of the Three-Fifths Clause and other slavery-related clauses in the Constitution has been a subject of controversy. While some argue that the Constitution was a pro-slavery document, others claim that it created a central government powerful enough to eventually abolish slavery. The Constitution's framers believed that slavery was morally wrong and would eventually die out, and they worked to build a regime of liberty that protected the rights of all Americans.
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Compromises over the slave trade
The US Constitution, drafted in 1787, included several compromises related to slavery. At the time, slavery was a significant component of the US economy and society, and the slave trade was a contentious issue. The "Three-Fifths Compromise", outlined in Article 1, Section 2, Paragraph 3, stated that three-fifths of "all other persons" (i.e., slaves) would be counted for representation and taxation purposes. This compromise was intended to balance the power between states with and without slavery.
Another compromise was the inclusion of a provision banning the importation of slaves starting in 1808. This was a compromise between the Southern states, where slavery was vital to the economy, and states moving towards abolition. The federal government could not restrict the importation of "persons" (which included enslaved Africans) for 20 years after the Constitution took effect. This compromise was extended from 1800 to 1808, with some delegates arguing for explicit references to "slaves" and importing states.
The "Fugitive Slave Clause", part of Article IV, Section 2, Clause 2, required the return of runaway slaves to their owners. This clause was adopted on the same day as the 20-year ban on restrictions on the Atlantic slave trade, in exchange for removing a clause limiting the national government's power to regulate trade.
While the Constitution did not use the words "slave" or "slavery", it included several compromises that protected the institution of slavery. These compromises reflected the tension between pro-slavery and anti-slavery factions and the desire to create a union while recognising slavery's moral wrongness. Over time, the new nation expanded liberty and equality, with the Civil War and the 13th Amendment ultimately ending slavery.
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The Fugitive Slave Clause
> "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 clause avoided the use of the words "slave", "slavery", and "fugitive", instead referring to a "person held to service or labour". This was a common feature of the Constitution, which never explicitly mentioned slavery. The intention was to avoid the moral stain of slavery on the document, as the Founding Fathers believed slavery was morally wrong and would eventually die out.
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The founding fathers' views on slavery
The views of the Founding Fathers on slavery were varied and often contradictory. Many of the Founding Fathers, including George Washington, Thomas Jefferson, James Madison, and Benjamin Franklin, owned slaves. Despite this, all of them expressed a desire to see the institution of slavery gradually abolished. However, they also had a commitment to private property rights and limited government, which prevented them from taking bold action against slavery.
Some Founding Fathers, like Washington, had evolving views on slavery. Initially, his objections to slavery were economic, but he later came around to moral arguments against it. In 1786, Washington wrote that he wished to see a plan for the abolition of slavery and that it could only be accomplished through legislative authority. He never took a public stand on abolition, but he freed the slaves he owned in his will, the only Founding Father to do so.
Thomas Jefferson, who wrote the words "all men are created equal" in the Declaration of Independence, owned hundreds of slaves throughout his life and may have fathered children with one of them. He wrote about his belief that slavery was a political and moral evil, but he never personally freed his slaves. Instead, they were sold off to pay his debts after his death.
During the era of the Articles of Confederation (1781-1789), the Founding Fathers exhibited considerable aversion to slavery by prohibiting the importation of foreign slaves to individual states and supporting a proposal to ban slavery in the Northwest Territory. However, these policies also served the interests of Virginia and Maryland slaveholders, who could sell their surplus slaves southward and westward at higher prices.
At the Constitutional Convention in 1787, there were differing views on slavery among the Founding Fathers. Some, like Gouverneur Morris and George Mason, were vocal opponents of slavery, calling it a "nefarious institution" and a "ground of the most oppressive dominion ever exercised by man over man." Others, like South Carolina's Charles Pinckney, argued that slavery was justified by the example of ancient states and modern nations. The Framers of the Constitution believed that slavery was morally wrong and would eventually die out, but they also wanted to maintain national unity, so they included clauses that protected slavery while building a regime of liberty.
In summary, while the Founding Fathers had varying views on slavery, many of them owned slaves and had conflicting commitments to private property rights and limited government. They worked to create a constitutional republic of liberty while also including clauses that protected slavery, believing that it would eventually be abolished.
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The legacy of slavery
One of the most significant legacies of slavery is the enduring struggle for racial equality and justice. While the Constitution included several compromises aimed at addressing the issue of slavery, it fell short of outright abolition and included provisions that protected the institution of slavery. The Three-Fifths Clause, for example, gave Southern states with large slave populations greater representation in Congress, solidifying the power of slaveholders and perpetuating the inequality and oppression of enslaved people.
The Fugitive Slave Clause, which required the return of runaway slaves to their owners, further entrenched the power of slaveholders and made it difficult for enslaved people to escape their captivity. This clause, in particular, has been criticised as a moral stain on the Constitution, implicating the federal government in the active protection of people as property. The legacy of this clause can be seen in the continued struggle for racial equality and the ongoing efforts to address systemic racism and discrimination against African Americans.
Another legacy of slavery is the economic and social disparity that persists along racial lines. Slavery was deeply intertwined with the economic development of the United States, particularly in the South, where slave labour was pivotal to the economy. The legacy of slavery has contributed to the wealth gap between White and Black Americans, with the descendants of enslaved people often facing economic disadvantages and limited access to opportunities for wealth accumulation.
Additionally, the psychological and social impacts of slavery cannot be overlooked. The trauma of slavery has been passed down through generations, affecting family structures, community dynamics, and mental health within the African American community. The legacy of slavery has also influenced the perception and treatment of African Americans, with stereotypes and biases stemming from racist ideologies used to justify slavery continuing to shape societal attitudes and interactions.
In conclusion, the legacy of slavery in the United States is far-reaching and ongoing. While the Constitution attempted to address the issue of slavery through compromise, it ultimately fell short of fully recognising the inherent equality and rights of all Americans. The struggle for racial equality and justice continues, and addressing the systemic inequalities and injustices that stem from slavery remains a critical challenge for the nation.
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Frequently asked questions
No, the Constitution did not use the word "slavery" or "slave", despite the fact that it protected the institution of slavery through a number of compromises. The Framers avoided using the word because they believed slavery was morally wrong and would eventually die out.
The three clauses in the Constitution that related to slavery were the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, and the Fugitive Slave Clause. The Three-Fifths Clause 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. The Fugitive Slave Clause required the return of runaway slaves to their owners.
The Framers of the Constitution believed slavery contradicted the natural rights of all and denied the idea of consent in a republic. They consistently worked to build a constitutional republic of liberty that equally protected the rights of all Americans. Many Framers believed slavery was morally wrong and would eventually die out.
