Simone Lawson
The US Constitution of 1787, adopted in Philadelphia in September 1787 and ratified in 1788, addressed slavery in several ways but never mentioned the word itself. The three most direct examples of this are the three-fifths clause, the African slave trade clause, and the fugitive slave clause. The Constitution's provisions regarding slavery were the product of a series of conflicts, accommodations, and compromises. The issue of slavery may have played a role in the omission of a bill of rights in the original version of the US Constitution.
| Characteristics | Values |
|---|---|
| The word "slave" or "slavery" was avoided in the Constitution | The word "slave" or "slavery" was not mentioned in the Constitution |
| The Constitution addressed the issue of slavery | The Constitution dealt directly with American slavery in at least five of its provisions |
| The Constitution protected slavery | The Constitution indirectly protected slavery |
| The Three-Fifths 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 African Slave Trade Clause | The draft Constitution allowed the slave trade to continue and forbade the United States Congress from ever taxing or prohibiting it |
| The Fugitive Slave Clause | The Fugitive Slave Clause was part of Article IV |
| The Compromise | A compromise was reached: slaves would count for three-fifths of their population in determining the number of seats allocated to each state |
| The Founding Fathers' views | The Founding Fathers were conflicted about slavery and deliberately avoided using direct language about the institution in the Constitution |
| Abolition at the state level | States such as New Jersey and New York abolished slavery in their states by passing abolition laws and state constitutional amendments |
| The Preamble | The Preamble states that the purpose of the federal government was to 'secure the blessings of liberty' |
| The Fifth Amendment | The Fifth Amendment declares that 'no person' could be deprived of life, liberty, or property without due process of law |
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What You'll Learn
The Three-Fifths Clause
Slaveholding states wanted their entire population to be considered when determining the number of representatives they could elect and send to Congress. On the other hand, free states wanted to exclude the slave population from the count since they did not have voting rights. The Three-Fifths Compromise was a resolution to this dispute, wherein three-fifths of each state's slave population was counted as part of the total population for the purpose of apportioning the House of Representatives. This effectively gave Southern states more representation in the House relative to the Northern states.
The three-fifths ratio was initially proposed as an amendment to the Articles of Confederation on April 18, 1783, by James Madison. This amendment aimed to change the basis for determining a state's wealth, and consequently its tax obligations, from real estate to population, as a measure of its ability to produce wealth. However, this amendment ultimately failed to gain unanimous approval.
The Three-Fifths Compromise was incorporated into the United States Constitution as part of Article 1, Section 2, Clause 3. It stated that "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons... three-fifths of all other Persons." This clause gave the Southern slaveholding states greater representation in the House of Representatives and extra votes in the Electoral College.
The Three-Fifths Compromise was eventually superseded and explicitly repealed by Section 2 of the Fourteenth Amendment in 1868. This amendment provided that "representatives shall be apportioned... counting the whole number of persons in each State, excluding Indians not taxed."
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The Fugitive Slave Clause
In 1787, the Fugitive Slave Clause, also known as the Slave Clause or Fugitives from Labor Clause, was included in the US Constitution. This clause, Article IV, Section 2, Clause 3, required that a "Person held to Service or Labour" who escaped to another state had to be returned to their master. The clause was a compromise, and the words "slave" and "slavery" were not mentioned. Instead, the phrase "legally held to service or labour in one state" was used, which clarified that slavery existed under state law, not federal law.
> "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."
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The Slave Trade Compromise
To avoid this, a compromise was reached, known as the Three-Fifths Compromise or the Slave Trade Compromise. This compromise allowed slavery to continue and protected the institution within the Constitution. The Three-Fifths Clause stated that slaves would count for three-fifths of their population when determining the number of seats allocated to each state and for purposes of taxation. This gave the Southern states extra representation in the House of Representatives and extra votes in the Electoral College.
The Fugitive Slave Clause, part of Article IV, allowed slave owners to recover escaped slaves, and the African Slave Trade Clause, or the proposed federal prohibition of the African slave trade until 1808, addressed the issue of the slave trade. The draft Constitution allowed the slave trade to continue and forbade Congress from taxing or prohibiting it.
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The Omission of 'Slave' or 'Slavery'
The original US Constitution, adopted in Philadelphia in September 1787 and ratified in 1788, did not contain the words "slave" or "slavery" within its text. The word “people”, however, was used in the preamble, which stated, "We the People of the United States".
The omission of the words "slave" or "slavery" from the Constitution was a deliberate choice made by the framers, who recognised that the inclusion of these words would sully the document. The framers of the Constitution, many of whom were slaveholders themselves, had differing views on slavery. Some, like Luther Martin of Maryland, believed that the slave trade was "inconsistent with the principles of the Revolution" and "dishonourable to the American character". Others, like Charles Pinckney of South Carolina, justified slavery by claiming that "in all ages, one half of mankind have been slaves".
Despite the absence of the words "slave" or "slavery", the Constitution addressed the issue of slavery in several ways and indirectly protected the institution. For example, the Three-Fifths Clause counted three-fifths of a state's slave population when apportioning representation, giving the South, where most slaves were forced to work in agriculture, extra representation in the House of Representatives and extra votes in the Electoral College. Additionally, the Fugitive Slave Clause, which was part of Article IV, and the African Slave Trade Clause, addressed the issue of slavery without directly mentioning it.
The omission of the word "slave" or "slavery" from the Constitution has been interpreted in different ways. Some historians argue that it illustrates systemic racism at the core of America's founding, while others contend that it reflects the hard-fought battle waged by slavery's opponents to limit its influence and eventually abolish it. The controversy surrounding the Constitution's treatment of slavery continues to provoke debate, with some claiming it amounted to a betrayal of the American Revolution's promise of liberty and equality, while others highlight the complexity of the historical context in which it was written.
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The Abolitionist Perspective
The word "slave" is notably absent from the Constitution, and the document never directly mentions slavery. Instead, it addresses the issue through various clauses, such as the Three-Fifths Clause, the African Slave Trade Clause, and the Fugitive Slave Clause. These clauses, according to abolitionist interpretations, protected and perpetuated slavery. For example, the Three-Fifths Clause, which counted three-fifths of a state's slave population for representation, gave the South, with its large slave population, extra representation in the House of Representatives and the Electoral College.
In conclusion, from an abolitionist standpoint, the US Constitution of 1787 fell short of its promise of freedom and equality by accommodating and perpetuating slavery. The compromises made during its drafting process reflected a conflict between the ideals of liberty and the reality of a nation divided over the issue of slavery. While the Constitution laid the foundation for eventual abolition, the price paid by those enslaved in the intervening years was immeasurable.
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Frequently asked questions
The Constitution of 1787 did not contain the words "slave" or "slavery" within its text. However, it addressed American slavery in at least five of its provisions and indirectly protected the institution in others. The three most direct examples of this are the three-fifths clause, the African slave trade clause, and the fugitive slave clause.
This is a matter of debate. While some argue that the Constitution was pro-slavery, others claim that it was anti-slavery. The Constitution's provisions regarding slavery were the product of a series of conflicts, accommodations, and compromises. James Oakes, for instance, argues that the Fugitive Slave Clause and Three-Fifths Clause were "the bricks and mortar of the proslavery Constitution", but also acknowledges the existence of an anti-slavery Constitution.
The Constitution created a central government powerful enough to eventually abolish slavery. During and after the Civil War, Americans ended slavery constitutionally. Abraham Lincoln issued the Emancipation Proclamation, and the Thirteenth Amendment ended slavery in the United States forever.
