Isabella Carter
The US Constitution's relationship with slavery is a highly controversial topic. The Constitution, drafted in 1787, never used the words slave or slavery and only obliquely referred to the institution. Despite this, it included several clauses that protected slavery, including the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, and the Fugitive Slave Clause, which required that escaped slaves be returned to their masters. The Constitution also prohibited Congress from banning the slave trade for 20 years. These protections led to the Civil War, which resulted in the ratification of the 13th Amendment in 1865, finally abolishing slavery in the US.
| Characteristics | Values |
|---|---|
| Avoiding the use of the word "slavery" | The word "slave" does not appear in the Constitution. |
| Avoiding the use of the word "slave" | The framers avoided the word, referring to slaves as "persons". |
| The Three-Fifths Clause | Gave the South extra representation in the House of Representatives and extra votes in the Electoral College. |
| The Three-Fifths Clause | Enslaved black people in a state were counted as three-fifths of the number of white inhabitants of that state. |
| The Fugitive Slave Clause | Required that escaped slaves be returned to their masters. |
| The Slave Trade Clause | Prohibited the federal government from limiting the importation of "persons" until 20 years after the Constitution took effect. |
| The Slave Trade Clause | Prohibited Congress from banning the importation of slaves until 1808. |
| The Compromise | The framers believed that concessions on slavery were the price for the support of southern delegates for a strong central government. |
| The Compromise | The framers were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union. |
| The Compromise | The framers left the seeds for future conflict by sidestepping the slavery issue. |
| The Civil War | A bloody Civil War was fought to free the slaves and win ratification of the 13th Amendment to end slavery in the U.S. |
| The 13th Amendment | Passed by Congress on January 31, 1865, and ratified on December 6, 1865, the 13th Amendment abolished 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 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, they initially rejected Pinckney's proposal regarding the apportionment of the Black population. After a contentious debate, the compromise that was agreed upon—counting "all other persons" as only three-fifths of their actual numbers—reduced the representation of slave states relative to the original proposals but improved it over the Northern position.
However, the Three-Fifths Clause also increased the direct federal tax burden on slaveholding states. Gouverneur Morris from New York argued that the compromise was irrelevant regarding taxation, as excise taxes and import duties would tax the North more than the South. Nevertheless, the taxation provision meant that slaveholding states had to contribute more in federal taxes due to their larger populations, which included three-fifths of their enslaved individuals.
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Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. It states that a "Person held to Service or Labour" (usually a slave, apprentice, or indentured servant) who escapes to another state must be returned to their master in the state from which they fled. The clause was adopted at the Constitutional Convention of 1787 and remained in effect until the abolition of slavery under the Thirteenth Amendment.
During and after the American Revolutionary War, there was no legal mechanism to compel free states to capture fugitive slaves and return them to their masters, although there were provisions for the extradition of criminals. This changed with the Fugitive Slave Clause, which gave slaveholders a constitutional right to recover their "property" from another state. The clause was proposed by Pierce Butler and Charles Pinckney of South Carolina, who sought to "require fugitive slaves and servants to be delivered up like criminals". Despite objections from some delegates, the provision was approved unanimously without further debate.
The Fugitive Slave Clause formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture their "property" if they escaped to free states. The enforcement provisions of this Act were strengthened in 1850, with the federal government now responsible for finding, returning, and trying escaped slaves. This caused outrage, with Northern states accused of flagrantly violating the clause. However, the subsequent passage of the Thirteenth Amendment, which abolished slavery "except as a punishment for crime", rendered the Fugitive Slave Clause mostly irrelevant.
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Avoiding the word 'slavery'
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it addressed the issue of 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 held conflicting views on slavery, with some personally opposing it on moral grounds. Nevertheless, they prioritized political unity over abolition, resulting in compromises that protected slaveholding interests.
The Constitution's avoidance of the word "slavery" is reflected in its use of euphemisms such as "Person held to Service or Labour" instead of explicit references. This choice of language was an attempt to navigate the moral dilemma while preserving the institution. The framers' conflicted stance towards slavery influenced their decision to sidestep direct language and instead rely on indirect references.
One example of how the Constitution addressed slavery without using the term is the Three-Fifths Clause, which stated that for representation in Congress, enslaved Black people in a state would be counted as three-fifths of the number of white inhabitants. This provision, found in Article 1, Section 2, gave Southern states extra representation in the House of Representatives and additional votes in the Electoral College. The framers' concession to the South on this issue was a compromise that strengthened slavery while also creating a central government with the potential power to abolish it in the future.
Another provision that addressed slavery without using the term was the Fugitive Slave Clause, found in Article 4, Section 2. This clause required that escaped slaves be returned to their owners, even in free states. By including this clause, the framers ensured that slavery remained a national issue, embedding it deeper into the fabric of American governance. The framers' conflicted stance on slavery led to these key compromises, which protected the institution of slavery while also laying the groundwork for its eventual abolition.
The Constitution's protection of slavery was not limited to these explicit provisions. It also implicitly protected slavery by prohibiting federal interference with the international slave trade for at least 20 years (Article I, Section 9) and by granting states the power to regulate slavery within their borders. These measures, along with the Three-Fifths and Fugitive Slave Clauses, contributed to the institution's endurance and the racial inequalities that persist in American society today.
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The Missouri Compromise
The Missouri Territory had applied for statehood in 1818, and it was clear that many in the territory wanted to allow slavery in the new state. However, the admission of Missouri as a slave state faced opposition from northern representatives, who held out for a free Missouri. As a compromise, it was proposed that Missouri be admitted as a slave state while Maine, which had also petitioned for statehood, be admitted simultaneously as a free state. This solution ensured that the balance between slave and free states was maintained.
In addition to addressing the issue of statehood, the Missouri Compromise also included a provision that prohibited slavery above the 36°30' latitude line in the remainder of the Louisiana Territory. This provision, known as the Thomas proviso, was added by Senator Jesse B. Thomas of Illinois. The compromise, passed on March 3, 1820, and signed into law by President James Monroe on March 6, 1820, was a temporary solution to the brewing controversy over slavery.
While the Missouri Compromise managed to keep the peace temporarily, it failed to resolve the pressing question of slavery's place in the nation's future. Southerners opposed the compromise because it set a precedent for Congress to make laws concerning slavery, while Northerners disliked the expansion of slavery into new territories. The compromise also sparked controversy, with many worrying that the country had become lawfully divided along sectarian lines. In 1854, the Kansas-Nebraska Act effectively repealed the Missouri Compromise by allowing slavery north of the 36°30′ parallel, further increasing tensions over slavery and contributing to the American Civil War.
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The 13th Amendment
> "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."
The Constitution's founders believed that concessions on slavery were necessary to secure the support of southern delegates for a strong central government. By sidestepping the issue of slavery, they laid the groundwork for future conflict. Many of the framers, including some slaveholders, had moral qualms about slavery and recognised that it was contrary to America's republican ideals. However, they consciously avoided using the word "slave" in the document, referring to slaves as "persons" instead.
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Frequently asked questions
Many, including Berkeley Law Dean Erwin Chemerinsky, believe the Constitution's biggest flaw is its protection of the institution of slavery.
The four clauses that indirectly address slavery are 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 consciously avoided the word, recognising that it would sully the document. Instead, the Constitution refers to slaves as "persons".
The Constitution created a central government powerful enough to eventually abolish the institution. However, it also temporarily strengthened slavery by protecting it in the states and prohibiting Congress from banning the slave trade for twenty years.
Slavery was abolished through the Thirteenth Amendment to the Constitution, which was passed by Congress on January 31, 1865, and ratified on December 6, 1865.
