Founding Fathers: Slave Owners And The Constitution

The morality of slavery was rarely questioned when the US Constitution was drafted, but many of its authors did harbour moral qualms about the practice. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, and many of them, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. Four of the first five US presidents were slave owners, including Thomas Jefferson, who wrote the words all men are created equal in the Declaration of Independence, and George Washington, who said that owning slaves was the only unavoidable subject of regret.

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Of the 55 delegates, about 25 owned slaves

The Constitution of the United States was written by 55 delegates, of whom about 25 owned slaves. The Constitutional Rights Foundation puts the number of slave-owning delegates at 17, and estimates that they held about 1,400 enslaved people among them. The issue of slavery proved to be a difficult one for the Founding Fathers to navigate. They had all been born into a slaveholding society where the morality of owning slaves was rarely questioned. However, as the ideals of the Enlightenment began to spread through the American colonies in the 1760s and 1770s, the articulation of the ideals of liberty and freedom began to take shape, and the issue of slavery became a controversial topic.

Many of the framers of the Constitution harboured moral qualms about slavery. Some, including Benjamin Franklin (a former slaveholder) and Alexander Hamilton (who was born in a slave colony in the British West Indies), became members of anti-slavery societies. On 21 August 1787, a bitter debate broke out over a South Carolina proposal to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation since the entire nation would be responsible for suppressing slave revolts. He also considered the slave trade contrary to America's republican ideals, saying:

> "It is inconsistent with the principles of the Revolution, and dishonorable to the American character to have such a feature in the constitution."

A Virginia delegate, George Mason, who owned hundreds of slaves, spoke out against slavery. He said:

> "Slavery discourages arts and manufactures. The poor despise labor when performed by slaves. [Slavery] corrupts the masters [...] Every master of slaves is born a petty tyrant."

Despite their moral qualms, the framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union. To resolve the controversy over the Atlantic slave trade, a compromise was reached: in exchange for a 20-year ban on any restrictions on the trade, southern delegates agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. The same day, the convention also adopted the fugitive slave clause, requiring the return of runaway slaves to their owners.

The Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections, and prohibited Congress from outlawing the Atlantic slave trade for 20 years. The first state to begin passing laws to abolish slavery was Pennsylvania in 1780, followed by Massachusetts, New Hampshire, Connecticut, and Rhode Island. New York and New Jersey followed in 1799 and 1804, respectively. While these Northern states did not rely on slave labour for their agriculture, their economies were still tied to exports from the Southern states, which did rely on slave labour.

Four of the first five US presidents were slave owners

The United States Constitution, which was signed in 1787, was a compromise on the issue of slavery. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, and many of the framers had moral qualms about the practice. The Southern delegates agreed to a 20-year ban on any restrictions on the Atlantic slave trade in exchange for removing a clause that restricted the national government's power to enact laws requiring goods to be shipped on American vessels. The convention also adopted the Fugitive Slave Clause, requiring the return of runaway slaves to their owners.

The controversy over the Atlantic slave trade reflected the differing economic interests between the Northern and Southern states. The Southern states relied on slave labour for their agriculture, particularly after the invention of the cotton gin in 1793. While some of the Founding Fathers, such as George Washington, Thomas Jefferson, and James Madison, owned numerous slaves, others, like Benjamin Franklin, owned just a few. Still, others, such as Alexander Hamilton, married into large slave-owning families. Despite their differing levels of involvement in the slave trade, all of these men expressed a desire to see the institution gradually abolished.

George Washington, for instance, wrote in 1786 that he wished "more and more to get clear" of owning slaves. He described his ownership of slaves as "the only unavoidable subject of regret" and became the only Founding Father to free the slaves he owned in his will. Thomas Jefferson, who wrote the words "all men are created equal" in the Declaration of Independence, owned hundreds of slaves throughout his life and may have fathered children with one of them, Sally Hemings. Despite his wish to end slavery, Jefferson never personally freed his slaves, and when he died in debt in 1826, they were sold off to the highest bidder.

The complex legacy of slavery in the United States extended beyond the Founding Fathers and into the presidency. Four of the first five US presidents were slave owners. This fact underscores how deeply entrenched slavery was in the early history of the United States and how challenging it proved to be for the nation's leaders to navigate this issue.

The Constitution prohibited Congress from outlawing the slave trade for 20 years

The Constitution of the United States was drafted by 55 delegates, of whom about 25 owned slaves. Many of the framers had moral qualms about slavery. Some, including Benjamin Franklin (a former slaveholder) and Alexander Hamilton (born in a slave colony in the British West Indies), became members of anti-slavery societies.

On August 21, 1787, a heated debate broke out over a South Carolina proposal to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation since the entire nation would be responsible for suppressing slave revolts. He also considered the slave trade contrary to America's republican ideals and inconsistent with the principles of the Revolution. On the other hand, John Rutledge of South Carolina argued that unless regulation of the slave trade was left to the states, the southernmost states "shall not be parties to the union."

The controversy over the Atlantic slave trade was ultimately settled by a compromise. In exchange for a 20-year ban on any restrictions on the Atlantic slave trade, southern delegates agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. This compromise benefited northeastern shipbuilders and sailors. The same day this agreement was reached, the convention also adopted the fugitive slave clause, requiring the return of runaway slaves to their owners.

Article 1, Section 9 of the United States Constitution, also known as the Slave Trade Clause, prohibited the federal government from limiting the importation of "persons" (understood at the time to mean primarily enslaved African persons) where the existing state governments saw fit to allow it, until 20 years after the Constitution took effect. This clause was a compromise between the Southern states, where slavery was pivotal to the economy, and the states where the abolition of slavery had been accomplished or was contemplated. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union.

The 20-year ban on restrictions to the slave trade ended in 1808, and in 1807, the U.S. Congress passed a statute prohibiting the importation of slaves as of January 1, 1808. This act was signed by President Thomas Jefferson and rendered this part of the Constitution irrelevant.

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The Constitution included a fugitive slave clause

The Constitution of the United States included a Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause. This clause, Article IV, Section 2, Clause 3, stated that "no person held to service or labour" would be freed from bondage if they escaped to a free state. The clause was a compromise, offered by Pierce Butler and Charles Pinckney of South Carolina, and was included in the Constitution to address the concerns of Southern politicians that free states would become safe havens for runaway slaves.

The Fugitive Slave Clause was enacted without mentioning the word "slave", and it gave slaveholders the right to recover their "property" from another state. This was a significant issue as, by the late 18th century, many Northern states had outlawed slavery, while it remained a way of life in the South. The clause formed the basis for the Fugitive Slave Acts of 1793 and 1850, which allowed for the capture and return of runaway enslaved people. These acts were highly controversial and were met with resistance and criticism from those in the North, who saw them as legalised kidnapping.

The Fugitive Slave Clause and the Fugitive Slave Acts were eventually rendered unenforceable by the Thirteenth Amendment, which abolished slavery and involuntary servitude. However, it is important to note that the Constitution itself was a compromise on the issue of slavery. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, and it was believed that concessions on slavery were necessary to gain the support of Southern delegates for a strong central government.

George Washington freed the slaves he owned in his will

The Constitution was drafted by 55 delegates, of which about 25 owned slaves. One of the slave-owning authors of the Constitution was George Washington, who, according to sources, owned 123 slaves at the time of his death.

Washington's relationship with slavery was complex. He was a slave owner and continued the practice until his death. However, he also had misgivings about slavery and supported abolition in theory. He is known to have treated his slaves better than most and used both reward and punishment to encourage discipline and productivity. During the Revolutionary War, he allowed Black soldiers in his army, recognising their loyalty and fighting capabilities.

Washington's will reflected his evolving attitude towards slavery. He specified that one of his slaves, William Lee, was to be freed immediately. The remaining 123 slaves were to remain with his wife, Martha Washington, and serve her until her death, after which they would be emancipated. Washington was aware that freeing the slaves immediately would result in the breakup of families, as some slaves belonged to his wife's heirs. He also stipulated that the freed children be taught reading, writing, and a trade.

Washington's decision to free his slaves in his will was unusual for the time and reflected his changing views on slavery. However, it is important to note that he did not immediately emancipate all his slaves, and his will was influenced by the complexities of family dynamics and the legal status of the slaves.

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