Founding Fathers, Slave Owners: A Constitutional Conundrum

The United States Constitution was signed by 39 of the 55 delegates who attended the Constitutional Convention in Philadelphia. Of these delegates, it is estimated that about a third to half were slave owners. The topic of slavery was highly contentious during the convention, with delegates debating the insertion of a fugitive slave clause, the abolition of the slave trade, and whether slaves would be counted in proportional representation. While some members voiced objections to slavery, the final document included several concessions to the southern delegates, including a 20-year ban on any restrictions on the Atlantic slave trade and the Fugitive Slave Clause, which required the return of runaway slaves to their owners.

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The number of slave-owning delegates: 25 out of 55 delegates owned slaves

The United States Constitution was drafted by 55 delegates, of whom about 25 owned slaves. This means that nearly half of the founding fathers who wrote the Constitution were slave owners. The Constitutional Rights Foundation asserts that 17 of the 55 delegates were enslavers and together held about 1,400 enslaved people.

The delegates who wrote the Constitution were appointed by the original states (except Rhode Island) and convened in Philadelphia in 1787. The convention was held for the purpose of revising the Articles of Confederation, which established the first national government. The Articles were deemed inadequate as they failed to empower the central government to carry out essential functions, such as raising revenue or conducting diplomatic relations.

Slavery was one of the most difficult issues confronting the delegates. It was widespread in the states at the time, and many of the framers harbored moral qualms about it. Some delegates, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. On August 21, 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 was contrary to America's republican ideals and should be subject to federal regulation.

The controversy over slavery was ultimately settled by 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. The convention also adopted a fugitive slave clause, requiring the return of runaway slaves to their owners. While the Constitution gave the federal government the power to abolish slavery, it also included provisions that strengthened slavery in the short term.

The three founding documents: only two delegates signed all three

The United States Declaration of Independence, the Constitution, and the Bill of Rights are the three founding documents of the United States. These documents, known as the Charters of Freedom, have secured the rights of the American people and are considered instrumental in the country's founding and philosophy.

The Declaration of Independence, formally known as "The Unanimous Declaration of the Thirteen United States of America", was the first of these documents to be established. On July 4, 1776, it was unanimously adopted by the Second Continental Congress, which convened in Philadelphia, then the colonial capital. The Declaration was signed by 56 delegates, including future presidents John Adams and Thomas Jefferson, though the most famous signature is that of John Hancock, President of the Congress. The Declaration explains why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British rule, and it has become one of the most influential documents in history.

The Constitution was the second document to be established. It was ratified on June 21, 1788, and it laid out the framework for the United States government and enshrined certain fundamental rights. The Constitution addressed the issue of slavery, with southern delegates agreeing to a 20-year ban on 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 Constitution also included a fugitive slave clause, requiring the return of runaway slaves to their owners.

The Bill of Rights, comprising the first ten amendments to the Constitution, was the final document to be established. It was added to address the concerns of those who believed that the Constitution did not provide enough protection for individual liberties. The First Amendment, part of the Bill of Rights, protects the freedoms of religion, speech, press, assembly, and petition.

Only two people, James Madison and George Washington, signed all three of these great documents. Madison, who owned slaves, played a crucial role in shaping the Constitution and is known as the "Father of the Constitution." Washington, who also owned slaves, served as the president of the Constitutional Convention and is often referred to as the "Father of his Country."

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

The Fugitive Slave Clause, also known as Article 4, Section 2, Clause 3, was a provision in the U.S. Constitution that required runaway slaves to be returned to their owners. This clause was included to address the concerns of Southern politicians, who feared that the newly formed free states would become safe havens for runaway slaves. The clause 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 it sparked debates among the delegates. The Constitutional Convention, comprising 55 delegates, included about 25 slave owners. The Southern delegates, in particular, played a significant role in shaping the Fugitive Slave Clause. They believed that concessions on slavery were necessary to gain the support of the southern states for a strong central government.

The Fugitive Slave Clause was enacted into law through the Fugitive Slave Acts of 1793 and 1850. These acts authorized local governments and law enforcement officials to seize and return runaway slaves to their owners. The acts also imposed penalties on anyone who aided or harbored escapees. The Fugitive Slave Act of 1850, drafted by Democratic Senator James M. Mason of Virginia, further strengthened the enforcement of the Fugitive Slave Clause by penalizing officials who failed to comply.

The Fugitive Slave Clause and the subsequent acts were highly controversial and contributed to growing anti-slavery sentiments in the North. Many Northerners viewed these laws as legalized kidnapping and refused to comply. The acts also resulted in the illegal capture and enslavement of free Black people, as bounty hunters and slave catchers often acted without regard for legal processes.

The controversy surrounding the Fugitive Slave Clause and the Fugitive Slave Acts highlighted the tensions between the North and the South over the issue of slavery. While the Constitution aimed to address the concerns of Southern slave owners, it also laid the foundation for future conflicts and polarization within the nation.

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Compromise: northern and southern delegates agreed to empower Congress to end slave trade in 1808

The United States Constitution was drafted by 55 delegates, of whom at least a third were slave owners. The exact number of slave-owning delegates is uncertain, with estimates ranging from 17 to 25. The delegates included George Washington, Richard Bassett, John Blair, William Blount, Pierce Butler, Daniel Carroll, and Charles Pinckney, among others.

Slavery was one of the most contentious issues confronting the delegates during the Constitutional Convention. The controversy over the Atlantic slave trade was ultimately settled through a series of compromises. Southern delegates agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, benefiting northeastern shipbuilders and sailors. In exchange, the Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years.

The delegates also debated the inclusion of a fugitive slave clause, which required the return of runaway slaves to their owners. While some members voiced objections to slavery, the framers 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, southern states like South Carolina and Georgia would refuse to join the Union.

In the end, the northern and southern delegates agreed to empower Congress to end the slave trade starting in 1808. This agreement was part of the Connecticut Compromise, which resolved many lingering arguments and allowed for the creation of a draft constitution. The delegates also agreed to strengthen the Fugitive Slave Clause in exchange for removing a requirement that two-thirds of Congress agree on "navigation acts," or regulations of commerce between states and foreign governments.

The Constitution's legacy: Thurgood Marshall, the first Black Supreme Court Justice, called it defective from the start

The US Constitution was drafted by 55 delegates, of whom around a third (approximately 25) were slave owners. The delegates included merchants, manufacturers, shippers, bankers, physicians, small farmers, and a minister. Many of the delegates were wealthy landowners, with some relying on slave labour to run plantations or other businesses.

Thurgood Marshall, the first Black Supreme Court Justice, called the Constitution "defective from the start". On the 200th anniversary of the ratification of the US Constitution, he pointed out that the framers had excluded a majority of Americans when they wrote "We the People". He argued that the framers had consented to a document which laid a foundation for the tragic events which were to follow.

Marshall's views on the Constitution were shaped by his real-world experiences as a lawyer and as an African American. He rejected the idea that the Constitution should be interpreted according to the Founders' original understandings. Instead, he believed that the Constitution was a living document that required amendments and social transformation to respect individual freedoms and human rights.

Marshall's legacy as an associate justice of the Supreme Court is marked by his strong support for civil rights, especially for people of colour and criminal suspects against the government. He played a crucial role in the Brown v. Board of Education case, which held that racial segregation in American public schools was unconstitutional. Marshall's victory in this case established his reputation as a formidable legal opponent and an advocate for social change.

Marshall's impact extended beyond the courtroom. He was an energetic and boisterous individual who actively fought for civil rights as an attorney, leading the NAACP Legal Defense and Educational Fund. His work helped end racial segregation in American public schools, and he is remembered as a lawyer with one of the highest success rates before the Supreme Court.

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