Malcolm Rivera
The US Constitution's approach to slavery has been a subject of debate, with some arguing it was a pro-slavery document, while others claim it supported anti-slavery principles. The Constitution included several provisions related to slavery, such as the Three-Fifths Compromise, which allocated Congressional representation based on a state's population of free persons and three-fifths of all other persons, avoiding the use of the word slave. This compromise gave the South extra representation and votes, indicating a concession to maintain support for a strong central government. The Constitution also included the Fugitive Slave Clause, which required the return of escaped slaves, and a ban on Congress ending the slave trade for 20 years. These clauses reflect the complex political landscape during the Constitutional Convention, with divisions between northern and southern states and differing views on slavery among the delegates. The Constitution's impact on slavery is a significant aspect of its interpretation and legacy, with amendments like the Thirteenth Amendment later abolishing slavery in the United States.
| Characteristics | Values |
|---|---|
| Avoided using the words "slave" and "slavery" | The words "slave" and "slavery" do not appear in the Constitution. |
| Three-Fifths Clause | Article I, Section 2, Clause 3 of the Constitution allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". |
| Fugitive Slave Clause | "No Person held to Service or labor in one State, under the Laws thereof, escaping into another … shall be delivered up on Claim of the Party to whom such Service or labor may be due." |
| Ban on Congress ending the slave trade | Congress could not ban the slave trade for 20 years. |
| Slave insurrections | If an enslaved American fled to a state where slavery was illegal, they were still legally enslaved and had to be returned to their enslaver. |
| Created a central government | The Constitution created a central government powerful enough to eventually abolish slavery. |
| Supported the concept of "freedom national, slavery local" | Slavery was to remain a matter of state and local law, and the federal government could not interfere. |
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What You'll Learn
The Three-Fifths Clause
The Southern states wanted slaves to be counted for more than the North did, as the South wanted to increase their representation in Congress. The North, on the other hand, wanted slaves to count for more when it came to taxes paid by the states to the federal government. The compromise was proposed by delegate James Wilson and seconded by Charles Pinckney, who suggested that a "House of Delegates" be determined through the apportionment of "one Member for every thousand Inhabitants 3/5 of Blacks included."
The Three-Fifths Compromise resulted in reduced representation in the House of Representatives for slave states compared to free states. It also increased the direct federal tax burden on slaveholding states. This compromise was favoured by the Southern states due to their large slave populations. However, it also contributed to future conflicts, as the framers of the Constitution sidestepped the issue of slavery to maintain unity.
The word "slave" does not appear in the Constitution or the Three-Fifths Clause, although slavery received important protections in the Constitution. The framers consciously avoided the word, but their concessions on slavery were the price for the support of Southern delegates for a strong central government. The Three-Fifths Clause was a contentious issue, and it was later abolished by the Thirteenth Amendment to the United States Constitution, which passed in 1865 and stated that "neither slavery nor involuntary servitude, except as a punishment for crime... shall exist within the United States."
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The Fugitive Slave Clause
The Supreme Court's interpretation of the Fugitive Slave Clause gave the owner of an enslaved person the right to seize and repossess them in another state, as local laws granted to them. This interpretation also stated that state laws that penalised such a seizure were unconstitutional.
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The 13th Amendment
The US Constitution did not use the words "slave" or "slavery" but included several provisions about unfree persons. The Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
President Lincoln recognised that the Emancipation Proclamation would have to be followed by a constitutional amendment to guarantee the abolishment of slavery. Lincoln played an active role in ensuring the passage of the 13th Amendment through Congress. He added the passage of the amendment to the Republican Party platform for the 1864 Presidential election. Lincoln, unfortunately, did not live to see the new amendment ratified, as he was assassinated by a Confederate sympathiser just five days after the war ended.
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The Civil War's impact
The US Constitution's handling of slavery was a significant factor in the lead-up to the Civil War. The Constitution's original text did not explicitly mention "slavery", but it included protections for the practice, such as the Three-Fifths Clause, which gave southern states extra representation in the House of Representatives and the Electoral College based on their slave populations. This was a compromise to ensure the support of southern delegates for a strong central government.
The issue of slavery was a contentious topic during the Constitutional Convention of 1787, with delegates sharply divided between northern and southern states. Many of the framers had moral qualms about slavery, and some, like Benjamin Franklin and Alexander Hamilton, became advocates for abolition. However, they recognised that outright abolition was not feasible at the time, and their compromise laid the groundwork for future conflict.
In the decades leading up to the Civil War, tensions escalated as abolitionists and proponents of slavery clashed over the admission of new states as "slave" or "free". The Fugitive Slave Act, which allowed owners to reclaim their escaped slaves, further exacerbated tensions. The growing abolitionist movement in the North called for an immediate end to slavery, while southern states, heavily reliant on slave labour, vehemently defended the practice.
The election of Abraham Lincoln, a relatively unknown but likable politician from Illinois, in 1860, further polarised the nation. Lincoln's victory prompted several southern states to renounce their allegiance and form the Confederacy, a nation founded on the preservation of slavery. The assault on Fort Sumter in 1861 marked the official start of the Civil War.
The Civil War ended in 1865, with the Union's victory and the ratification of the 13th Amendment, which abolished slavery in the United States. The war had profound consequences, leaving soldiers traumatised and the South economically devastated. The emancipation of enslaved people presented a new set of challenges, as they navigated a world of limited opportunities and pervasive racism. The Reconstruction Era that followed the war was marked by uncertainty and the ongoing struggle for civil rights.
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The founding fathers' intentions
The founding fathers, many of whom were slaveholders themselves, had to navigate the complex dynamics between the northern and southern states. They believed that concessions on slavery were necessary to maintain the Union. The Three-Fifths Compromise, or the Three-Fifths Clause, was a significant aspect of this compromise. It stated that representatives and direct taxes would be apportioned among the states based on the number of free persons and "three-fifths of all other persons." This clause gave the southern states, with larger enslaved populations, more representation in the House of Representatives and the Electoral College.
The founding fathers also included the Fugitive Slave Clause, which stated that if an enslaved person fled to a state where slavery was illegal, they would still be considered legally enslaved and returned to their enslaver. Additionally, they agreed to a ban on Congress ending the slave trade for 20 years, ensuring the continuation of the slave trade during that period.
While some founding fathers, like Luther Martin of Maryland, spoke out against slavery on moral grounds, others, like John Rutledge of South Carolina, forcefully defended it. The prevailing idea at the time was that slavery was a "'violation of the laws of nature,' but many believed it would eventually 'pass away.' They hoped that by building a regime of liberty, slavery would ultimately become extinct.
In summary, the founding fathers' intentions regarding slavery were complex and influenced by political, social, and moral factors. While they made concessions to slavery to maintain the Union, they also laid the groundwork for future challenges to the institution. The Constitution's ambiguous stance on slavery contributed to ongoing debates and conflicts over the issue in the years to come.
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Frequently asked questions
The US Constitution did not expressly support slavery, but it also did not abolish it. It included several provisions that impacted enslaved people without using the words "slave" or "slavery".
The specific clauses in the US Constitution that related to slavery were the Three-Fifths Clause, the ban on Congress ending the slave trade for 20 years, the Fugitive Slave Clause, and the slave insurrection clause.
The Three-Fifths Clause, also known as the Three-Fifths Compromise, stated that representatives and direct taxes would be apportioned among the states based on the number of free persons and "three-fifths of all other persons". This clause gave the southern states with more slaves extra representation in the House of Representatives and extra votes in the Electoral College.
No, the US Constitution did not prohibit states from regulating slavery. In fact, the Tenth Amendment to the Constitution, which states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people", was interpreted to mean that slavery was a matter of state and local law.
The US Constitution did not end slavery, but it created a central government powerful enough to eventually abolish it. The 13th Amendment to the US Constitution, passed in 1865, abolished slavery by stating that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
