Jonah Patel
The original United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words slave or slavery within its text. However, it directly addressed American slavery in several provisions and indirectly protected the institution in other parts of the document. The framers of the Constitution held conflicting views on slavery, with some owning slaves themselves and others belonging to anti-slavery societies. This resulted in key compromises, such as the Three-Fifths Clause and the Fugitive Slave Clause, which protected slaveholding interests while avoiding explicit references to slavery. The Constitution's stance on slavery has been a subject of controversy, with some interpreting it as pro-slavery and others as anti-slavery. It took a civil war and constitutional amendments, including the 13th Amendment in 1865, to abolish slavery in the United States.
| Characteristics | Values |
|---|---|
| Avoiding the word "slavery" | The word "slave" does not appear in the Constitution. The framers consciously avoided the word, recognizing that it would sully the document. |
| Avoiding direct language about slavery | The framers used euphemisms like "Person held to Service or Labour" rather than explicit references to slavery. |
| Protecting slavery | The Fugitive Slave Clause, the Three-Fifths Clause, and the Slave Trade Clause protected slaveholding interests. |
| Concessions on slavery | The framers believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. |
| Moral opposition to slavery | Many of the framers harbored moral qualms about slavery. Some, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. |
| Political unity prioritized over abolition | The framers prioritized political unity over abolition, resulting in key compromises that protected the institution of slavery. |
| Economic dependence on slavery | The southern economy's reliance on slavery made it politically impossible for the framers to abolish the institution. |
| Popular sovereignty | The idea that the people, not the government, should decide whether or not to own slaves. |
| Ultimate extinction of slavery | Abraham Lincoln contended that the Constitution put slavery "in the course of ultimate extinction." |
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What You'll Learn
The Fugitive Slave Clause
The text of the clause is as follows:
> 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 words "slave" and "slavery" are notably absent from the clause, reflecting the framers' deliberate avoidance of direct language about slavery in the Constitution. Instead, they used euphemisms like "Person held to Service or Labour" to sidestep moral confrontation while preserving the institution. This was a compromise between the Southern states, where slavery was pivotal to the economy, and the Northern states, where abolition had been accomplished or was contemplated. The framers' conflicted stance towards slavery led to key compromises like the Fugitive Slave Clause and the Three-Fifths Clause, which protected slaveholding interests.
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The Three-Fifths Clause
The Three-Fifths Compromise, or the Three-Fifths Clause, was a compromise agreement between the delegates from the Northern and Southern states at the 1787 United States Constitutional Convention. It was decided that three-fifths of the enslaved population would be considered when determining direct taxation and representation in the House of Representatives.
The Southern states, where slavery was pivotal to the economy, wanted their entire population to be counted when determining the number of Representatives they could elect and send to Congress. On the other hand, the free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. The Three-Fifths Compromise was reached to resolve this issue.
The Three-Fifths Compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, effectively giving the Southern states more power in the House relative to the Northern states. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. This compromise also increased the direct federal tax burden of slaveholding states.
The Three-Fifths Compromise was part of Article 1, Section 2, Clause 3 of the Constitution, which stated that "Representatives and direct Taxes shall be apportioned among the several States... according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons... and excluding Indians not taxed, three fifths of all other Persons." The word "slave" was deliberately avoided in the Constitution, with euphemisms like "Person held to Service or Labour" being used instead.
The Three-Fifths Compromise was superseded and repealed by Section 2 of the Fourteenth Amendment in 1868, which provided that "representatives shall be apportioned... counting the whole number of persons in each State, excluding Indians not taxed."
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The Slave Trade Clause
At the time of drafting, slavery was a significant component of the economy and society in the United States, particularly in the Southern states. The Slave Trade Clause was a compromise between these Southern states, where slavery was crucial to the economy, and states where slavery had been abolished or was under consideration for abolition. The clause ensured that the federal government could not restrict the importation of enslaved people until 1808, 20 years after the Constitution was adopted.
The inclusion of this clause in the Constitution was controversial. Some argued that it was inconsistent with America's republican ideals and dishonoured American character. However, others believed that federal regulation of the slave trade was necessary as the suppression of slave revolts would fall to the nation as a whole. The compromise on the slave trade was essential to maintaining unity between the Northern and Southern states and forming the Union.
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The Importation of Persons Clause
The clause was a compromise between the Southern states, where slavery was vital to the economy, and states that had abolished or were contemplating abolishing slavery. It reflected the framers' conflicted stance on slavery, as they prioritized political unity over abolition. At the time, slavery was a significant component of American society and economy, with the Southern states relying heavily on enslaved labour, particularly in agriculture.
The use of the term "persons" instead of "slaves" in the Importation of Persons Clause is indicative of the framers' deliberate avoidance of explicit references to slavery in the Constitution. This choice of language reflected their moral qualms about slavery and their attempt to sidestep direct confrontation while preserving the institution. The framers' concessions on slavery were made to gain the support of Southern delegates for a strong central government, but these compromises ultimately contributed to future conflicts and the Civil War.
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The Civil War and constitutional amendments
The original US Constitution did not contain the words "slave" or "slavery" within its text, but it directly addressed American slavery in at least five of its provisions and indirectly protected the institution in others. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. However, this sidestepping of the issue left the seeds for future conflict, including the Civil War.
The Civil War was fought from 1861 to 1865 and centred on the issue of slavery. At the start of the war, four million people, almost all of African descent, were enslaved in 15 southern and border states, representing one-eighth of the US population. During the war, President Abraham Lincoln issued the Emancipation Proclamation, which declared that "all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free." However, the Emancipation Proclamation did not end slavery nationwide, as it only applied to areas of the Confederacy in rebellion and not to the "border states" that remained in the Union.
The Thirteenth Amendment, passed at the end of the Civil War, officially abolished slavery in the United States. It was ratified on December 6, 1865, and declared: "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 Thirteenth Amendment was unique in that it was the first explicit mention of slavery in the Constitution, and it prohibited chattel slavery and involuntary servitude.
The Thirteenth Amendment was one of three Reconstruction Amendments, along with the Fourteenth and Fifteenth Amendments, that greatly expanded the civil rights of Americans. These amendments addressed the issue of slavery and its legacy, including the invalidation of Black Codes, which sought to keep former slaves tethered to their former plantation owners. The Civil War and these constitutional amendments marked a significant turning point in the history of slavery in the United States, leading to its abolition and the expansion of civil rights for Americans.
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Frequently asked questions
No, the word "slave" does not appear in the Constitution. The framers consciously avoided the word, recognising that it would sully the document. However, the document did deal directly with American slavery in at least five of its provisions and indirectly protected the institution in several others.
The Constitution protected slavery through several clauses, including the Three-Fifths Clause, the Fugitive Slave Clause, and the Slave Trade Clause. The Three-Fifths Clause counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause required that escaped slaves be returned to their owners. The Slave Trade Clause prohibited the federal government from limiting the importation of "persons" (understood to mean enslaved African persons) until 20 years after the Constitution took effect.
The Founding Fathers had differing views on slavery. Many of them harboured moral qualms about the institution. Some, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. However, others, such as George Mason and Luther Martin, were slaveholders themselves. Ultimately, the framers of the Constitution prioritised political unity over abolition, resulting in key compromises that protected slaveholding interests.
Slavery was abolished in the United States through the 13th Amendment to the Constitution, which was passed by Congress on January 31, 1865, and ratified on December 6, 1865. The 13th Amendment states 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."
