The Slave Trade: Post-Constitution Continuation

The United States Constitution, which took effect in 1787, prohibited Congress from outlawing the Atlantic slave trade for twenty years. This was a compromise between the Southern states, where slavery was pivotal to the economy, and states where abolition was contemplated or had been achieved. The Act Prohibiting Importation of Slaves of 1807 was signed by President Thomas Jefferson and entered into force in 1808, the earliest date permitted by the Constitution. However, the domestic trade of slaves within the United States continued, and it is estimated that up to 50,000 slaves were illegally imported into the country after 1808.

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The 1808 Act imposed heavy penalties on international traders but didn't end slavery itself

The Act Prohibiting Importation of Slaves, passed in 1807, was a landmark piece of legislation that prohibited the importation of slaves into the United States starting on January 1, 1808. This was the earliest date permitted by the US Constitution, which stated that Congress could not prohibit the "importation" of persons before 1808. The Act imposed heavy penalties of up to $20,000 on international slave traders, making it a federal crime to engage in the slave trade between nations.

However, it is important to note that the 1808 Act did not end slavery itself nor the domestic sale of slaves within the United States. While the Act was a significant step towards abolishing the international slave trade, it did not address the practice of slavery within the country. A domestic or "coastwise" trade in slaves persisted between ports within the United States, and slaves continued to be bought and sold within the country.

The Act drove the slave trade underground, and illegal importation of slaves still occurred. It is estimated that up to 50,000 slaves were illegally imported into the United States after 1808, mainly through Spanish Florida and Texas. Additionally, many Americans continued to engage in the international slave trade by transporting Africans to other countries, such as Cuba and Brazil. From 1808 to 1860, almost one-third of all slave ships were either owned by American merchants or built and outfitted in American ports.

The 1808 Act was a crucial step in the eventual abolition of slavery in the United States, but it did not immediately end the practice of slavery or the slave trade. It took further legislation and enforcement efforts over the coming decades to fully eradicate the slave trade and abolish slavery in the country.

The Constitution gave federal government power to put down slave rebellions

The Constitution of the United States, drafted in 1787, did not contain the word "slave". However, slavery was a fiercely debated topic during the Constitutional Convention, and the document included references and protections for enslavement. The Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections.

The Three-Fifths Compromise, which counted three-fifths of a state's slave population for representation, gave southern states with large slave populations an advantage with more representatives and more electoral votes. The Three-Fifths concept predated the Constitutional Convention and was debated in the Confederation Congress. However, it was first added to a national government document in 1787. The additional seats in Congress that southern states gained with the Three-Fifths Compromise created the "Slave Power" in the legislature and allowed bills favourable to the southern region to pass more easily in Congress.

The controversy over the Atlantic slave trade was settled by compromise. Southern delegates agreed to a 20-year ban on restrictions on the trade in exchange for removing a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. On the same day, the convention adopted the Fugitive Slave Clause, requiring the return of runaway slaves to their owners. This clause appeared in Article IV of the Constitution, which regulated relations between the states. The word "fugitive" was used instead of "slave", implying that states would have to work out the issue among themselves.

The Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years. This was agreed upon in exchange for removing restrictions on the national government's power to enact laws. An act of Congress passed in 1800 made it illegal for Americans to engage in the slave trade between nations, and gave U.S. authorities the right to seize slave ships. The Act Prohibiting the Importation of Slaves took effect in 1808. However, a domestic slave trade persisted within the United States, and the importation of slaves continued illegally.

Fugitive slave clause required the return of runaway slaves to their owners

The delegates at the 1787 Constitutional Convention fiercely debated the issue of slavery. They agreed that the United States would potentially stop importing slaves in 1808. Article 1, Section 9 of the Constitution stated that Congress could not prohibit the "importation" of slaves before 1808. The Act Prohibiting the Importation of Slaves took effect in 1808, but a domestic slave trade persisted within the United States.

The Constitution included a Fugitive Slave Clause, which required runaway slaves to be returned to their owners. This clause was included because Southern politicians were concerned that the new free states would become safe havens for runaway slaves. The Fugitive Slave Clause, or Article 4, Section 2, stated that "no person held to service or labor" would be released from bondage if they escaped to a free state. The inclusion of this clause in the Constitution was controversial, and many in the North continued to petition Congress to abolish slavery.

The Fugitive Slave Clause was enacted into law by the Fugitive Slave Act of 1793, which authorized local governments to seize runaway slaves and return them to their owners. This law was very controversial and was met with widespread resistance, particularly from Northern states, who refused to enforce it. This resistance led to the passage of the Fugitive Slave Act of 1850, which imposed harsher punishments for interfering in the capture of runaway slaves and penalized officials who did not arrest suspected escaped slaves.

The Fugitive Slave Acts contributed to the growing polarization of the country over slavery and were among the factors that led to the American Civil War. In 1861, Congress enacted the Confiscation Act of 1861, which barred enslavers from re-enslaving captured fugitives who had been forced to aid or abet the insurrection. This was followed by the Confiscation Act of 1862, which barred Union officers from returning slaves to their owners.

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Thomas Jefferson's 1800 election victory was due to the Three-Fifths Compromise

The Three-Fifths Compromise was an agreement reached during the 1787 United States Constitutional Convention over the inclusion of slaves in a state's total population. This agreement counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This effectively gave the Southern states more power in the House relative to the Northern states.

The Southern states wanted each slave to count as a full person, whereas the Northern states did not want them to count at all. The compromise was struck to resolve this impasse. This compromise was also tied to taxation in the same ratio, so the burden of taxation on the slave states was reduced.

The Three-Fifths Compromise had a significant impact on the 1800 election. Thomas Jefferson and his supporters feared that the new government would come under the control of men like Alexander Hamilton, who idealized the British system of government. On the other hand, Alexander Hamilton and the Federalists saw the American Revolution as a chance to improve on the British constitutional tradition.

Thomas Jefferson's victory in the 1800 election was largely due to the Three-Fifths Compromise. This compromise gave Southern states with large slave populations extra representation in the House of Representatives and extra votes in the Electoral College. Historian Garry Wills has speculated that without the additional slave state votes, Jefferson would have lost the election. The voting deadlocked in the Electoral College, and the winner had to be decided by the House of Representatives.

The Three-Fifths Compromise also had implications for the future of slavery in the United States. The Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years, until 1808. An act of Congress passed in 1800 made it illegal for Americans to engage in the slave trade between nations, and the Act Prohibiting the Importation of Slaves took effect in 1808. However, a domestic trade in slaves persisted within the United States.

The Constitution didn't use the word slave, instead referring to persons

The delegates at the 1787 Constitutional Convention debated the issue of slavery. Many of the framers had moral qualms about slavery, with some, including Benjamin Franklin and Alexander Hamilton, becoming members of anti-slavery societies. However, about 25 of the 55 delegates owned slaves. To appease the southern delegates, the framers agreed to not restrict the slave trade, as they believed that South Carolina and Georgia would otherwise refuse to join the Union. The framers also believed that slavery would eventually die out and did not want the moral stain of slavery on the Constitution. Thus, the Constitution never used the word "slave" and instead referred to "persons".

The Constitution included four clauses that indirectly addressed slavery and the slave trade. Article 1, Section 9 stated that Congress could not prohibit the "importation" of persons for 20 years. The Three-Fifths Clause in Article 1, Section 2 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 the return of runaway slaves to their owners. Finally, the Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections.

The Act Prohibiting the Importation of Slaves took effect in 1808, 20 years after the Constitution was ratified. This act imposed heavy penalties on international traders but did not end slavery or the domestic sale of slaves. A domestic trade in slaves persisted within the United States, and illegal importation of slaves continued. Between 1819 and 1860, 71,000 enslaved people were transported to the New Orleans slave market, and Texas imported enslaved persons from Cuba to Galveston Island.

The Constitution's avoidance of the word "slave" and its concessions to slavery have been criticised. Thurgood Marshall, the first African American to sit on the Supreme Court, called the Constitution "defective from the start" because it laid the foundation for tragic events. Abraham Lincoln argued that the Framers avoided mentioning slavery because they did not want to suggest that it existed in the "great charter of liberty". In contrast, abolitionist William Lloyd Garrison burned the document in 1854, calling it "a covenant with death and an agreement with Hell".

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