Ending Slavery: The Constitutional Amendments

The United States Constitution, drafted in 1787, did not contain the word slave, but the document included references and protections for slavery. The 13th Amendment to the Constitution, passed in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed after the Civil War and President Lincoln's Emancipation Proclamation, which freed slaves in Confederate-controlled areas. The Constitution's protection of slavery is considered a flaw by many, and it took a Civil War and constitutional amendments to eliminate the institution of slavery in the United States.

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The Three-Fifths Compromise

The compromise stated that three-fifths of each state's slave population would be counted as part of the state's total population for the purpose of apportioning the House of Representatives. This gave the Southern states more power in the House and extra votes in the Electoral College relative to the Northern states. It also resulted in slaveholding states being perpetually overrepresented in national politics.

The compromise also had economic implications. While it increased the federal tax burden on slaveholding states, it also gave them a disproportionate share of seats in the House of Representatives, which increased their influence in the Electoral College. Additionally, the Constitution included a provision for the recapture of fugitive slaves and a moratorium on any congressional ban against the importation of slaves until 1808.

Fugitive slave laws

The Fugitive Slave Acts were a pair of federal laws that allowed for the capture and return of runaway enslaved people within the territory of the United States. The first Fugitive Slave Act, enacted by Congress in 1793, authorized local governments to seize and return escapees to their owners and imposed penalties on anyone who aided in their flight. This law was written with the intent to enforce Article 4, Section 2, Clause 3 of the United States Constitution, which required the return of escaped slaves. It stated that "no person held to service or labor" would be released from bondage in the event they escaped to a free state.

The Fugitive Slave Act of 1793 was met with widespread criticism and resistance, particularly from Northern states. Many argued that the law was tantamount to legalized kidnapping and that it turned their states into a stalking ground for bounty hunters. In response, some Northern states passed "Personal Liberty Laws" that gave accused runaways the right to a jury trial and protected free blacks from being illegally captured and sold into slavery. Despite this resistance, the Fugitive Slave Act of 1793 remained in place and continued to be enforced.

In 1847 and 1849, planters from Kentucky led raids into Cass County, Michigan, to recapture people escaping slavery. These attacks failed, but the situation contributed to Southern demands in 1850 to pass a strengthened fugitive slave act. As a result, the Fugitive Slave Act of 1850 was drafted by Democratic Senator James M. Mason of Virginia to address the weakening of the original act. This new law included more provisions regarding runaways and levied harsher punishments for interfering in their capture. It required that all escaped slaves, upon capture, be returned to the slave owner and that officials and citizens of free states had to cooperate. Law enforcement officials were required to arrest people suspected of escaping enslavement based solely on a claimant's sworn testimony of ownership, and habeas corpus was declared irrelevant. The Act contributed to the growing polarization of the country over the issue of slavery and was one of the factors that led to the start of the American Civil War.

The Fugitive Slave Acts of 1793 and 1850 were among the most controversial laws of the early 19th century. They were a source of tension between the North and the South and highlighted the divide between the free states and those that practiced slavery. While the Acts provided a legal framework for the capture and return of runaway enslaved people, they also resulted in the kidnapping and conscription of free Blacks into slavery, as purported fugitive slaves had no rights in court and could not defend themselves against accusations. The ultimate solution to the issue of slavery in the United States came with the passage of the 13th Amendment in 1865, which abolished slavery and involuntary servitude, except as punishment for a crime.

Lincoln's Emancipation Proclamation

The issue of slavery was a contentious topic during the drafting of the US Constitution. While some members of the Constitutional Convention objected to slavery, others threatened to withhold their support for a strong central government if the Constitution restricted the slave trade. As a result, the framers of the Constitution avoided using the word "slavery" and instead included provisions that protected the institution of slavery. One such provision was the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, giving the South more power in the House of Representatives and the Electoral College.

To address the issue of slavery, President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, during the American Civil War. The Proclamation declared that all persons held as slaves within the rebellious states were now free. However, it only applied to states that had seceded from the Union, leaving slavery legal in the border states that had remained loyal. The Proclamation also exempted parts of the Confederacy that were already under Union control.

The Emancipation Proclamation was a significant step towards the end of slavery in the United States. It changed the legal status of more than 3.5 million enslaved African Americans in the Confederate states, freeing them as soon as they escaped their enslavers or came into contact with advancing federal troops. The Proclamation also allowed former slaves to join the Union Army and Navy, with nearly 200,000 Black soldiers and sailors fighting for the Union by the war's end.

While the Emancipation Proclamation did not end slavery nationwide, it transformed the character of the Civil War by adding moral force to the Union cause. Lincoln recognized that a constitutional amendment was necessary to guarantee the abolition of slavery, and he played an active role in ensuring the passage of the 13th Amendment. The 13th Amendment, passed in 1865, abolished slavery and involuntary servitude in the United States, except as punishment for a crime.

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The 13th Amendment

The road to the 13th Amendment began with President Abraham Lincoln's Emancipation Proclamation, which came into effect on January 1, 1863. It declared that enslaved people in Confederate-controlled areas, which encompassed almost all slaves, were free. However, the proclamation did not end slavery nationwide as it only applied to areas of the Confederacy in rebellion, excluding the loyal "border states" that remained in the Union.

Lincoln recognised that the Emancipation Proclamation needed to be followed by a constitutional amendment to truly abolish slavery. The 13th Amendment faced initial resistance in the House of Representatives, but Lincoln took an active role to ensure its passage through Congress. He made its adoption a part of the Republican Party platform for the 1864 Presidential election. Lincoln's efforts were successful, and the House passed the bill in January 1865.

The Civil War

The issue of slavery was a contentious topic during the drafting of the US Constitution, with delegates holding differing views. While some delegates owned slaves, others were vehemently opposed to slavery, highlighting the moral and ethical implications of the practice. The Three-Fifths Compromise, added to a national government document in 1787, was a concession to the southern states, giving them extra representation in Congress and electoral votes. However, this compromise sowed the seeds of future conflict, as it highlighted the power imbalance between the northern and southern states.

In the decades leading up to the Civil War, political tensions escalated as abolitionists and proponents of slavery clashed over the status of new US territories. The Fugitive Slave Clause, part of the Constitution, allowed slave owners to reclaim their slaves even if they had escaped to non-slavery states, further inflaming tensions. The spread of slavery and the emergence of anti-slavery and abolitionist movements made it a pivotal policy issue in the first half of the 19th century.

The 13th Amendment, passed by Congress on January 31, 1865, and ratified on December 6, 1865, finally abolished slavery in the United States. This amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans. The 13th Amendment explicitly stated that neither slavery nor involuntary servitude, except as punishment for a crime, shall exist within the United States or any place subject to its jurisdiction.

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