
The US Constitution has been criticised for its stance on slavery, with many of its framers and signatories being slave owners themselves. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, and while some members voiced objections to slavery, none defended its morality. The Constitution included protections for slavery, such as the three-fifths clause, which gave the South extra representation in the House of Representatives and the Electoral College. The framers believed that concessions on slavery were necessary to gain the support of southern delegates and prevent conflict. The exact number of slave owners among the framers of the Constitution is disputed, but it is clear that slavery was a contentious issue during the Constitutional Convention and that it played a significant role in shaping the document.
| Characteristics | Values |
|---|---|
| Number of delegates to the Constitutional Convention who owned slaves | 25 out of 55 |
| Number of signers of the Declaration of Independence who owned slaves | A majority |
| Number of delegates to the Constitutional Convention who were critical of slavery | Several |
| Number of first five presidents of the United States who owned slaves | Four |
| Number of Founding Fathers who freed the slaves they owned in their will | One (George Washington) |
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What You'll Learn
- The exact number of slave-owning constitution writers is disputed, but it's estimated that around 25 of the 55 delegates were slave owners
- The three-fifths clause gave extra representation to Southern states with large slave populations
- The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years
- Many of the framers had moral qualms about slavery, but none defended its morality
- The Confederate Constitution of 1861 was pro-slavery, unlike the US Constitution

The exact number of slave-owning constitution writers is disputed, but it's estimated that around 25 of the 55 delegates were slave owners
The exact number of slave-owning writers of the US Constitution is disputed, but it is estimated that around 25 of the 55 delegates were slave owners. The three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. This indicates that the Constitution implicitly protected slavery and the interests of slave-owning states.
The Constitution also prohibited Congress from outlawing the Atlantic slave trade for 20 years and included a fugitive slave clause that required the return of runaway slaves to their owners. These provisions reflect the influence of slave-owning delegates and their desire to protect slavery, at least in the short term.
Some of the delegates, including slave owners, voiced objections to slavery. For example, Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation and was inconsistent with America's republican ideals. Benjamin Franklin, a former slaveholder, and Alexander Hamilton, born in a slave colony, became members of anti-slavery societies. However, the final document did not address slavery directly, and the framers consciously avoided using the word "slave."
The issue of slavery was a complex and contentious topic during the drafting of the Constitution, with slave-owning delegates influencing the document's provisions while also grappling with moral qualms about slavery. The legacy of slavery in the US Constitution laid the foundation for future conflicts and tragic events, as noted by Thurgood Marshall, the first African American Supreme Court justice.
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The three-fifths clause gave extra representation to Southern states with large slave populations
The Three-Fifths Clause, also known as the Three-Fifths Compromise, was a compromise between delegates from the Northern and Southern states at the 1787 United States Constitutional Convention. The clause 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 gave the Southern states with large slave populations more power in the House relative to the Northern states.
The Three-Fifths Compromise was a result of the delegates' initial disagreements over slavery at the Constitutional Convention. The slaveholding states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress. On the other hand, free states wanted to exclude the counting of slave populations, as those slaves had no voting rights. The deadlock was resolved by the Connecticut, or Great, Compromise, which resulted in the establishment of a bicameral legislature with proportional representation in the lower house and equal representation of the states in the upper house.
The Three-Fifths Compromise was also tied to taxation in the same ratio, reducing the burden of taxation on the slave states. It is important to note that neither the word "slave" nor "slavery" appears in this clause or anywhere in the unamended Constitution. Instead, the clause refers to "all other Persons", who would be counted as three-fifths of their actual numbers.
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, southern states like South Carolina and Georgia would refuse to join the Union. By sidestepping the slavery issue, the framers laid the groundwork for future conflicts.
Out of the 55 delegates to the Constitutional Convention, about 25 owned slaves. Many of the framers had moral qualms about slavery, and some, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies.
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The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years
The Constitution of the United States was ratified 200 years ago, and Thurgood Marshall, the first African American to sit on the Supreme Court, described it as "defective from the start". Marshall's statement was based on the fact that the framers of the Constitution left out a majority of Americans when they wrote the phrase, "We the People". Many of the framers of the Constitution were slave owners themselves, and about 25 of the 55 delegates to the convention owned slaves.
During the 20-year period, popular support for the abolition of the slave trade and slavery itself increased in the United States and internationally. The United Kingdom and other countries passed legislation restricting the slave trade, increasing pressure on the United States to do the same. In 1807, Congress passed a statute prohibiting the importation of slaves as of January 1, 1808, the earliest date permitted by the Constitution. This legislation was promoted by President Thomas Jefferson, who had called for its enactment in his 1806 State of the Union Address.
The Act Prohibiting Importation of Slaves, which took effect in 1808, did not result in the outright elimination of slavery in the United States. It reflected a general trend toward abolishing the international slave trade, but it would take further amendments to the Constitution and the Civil War to begin to address the issue of slavery itself.
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Many of the framers had moral qualms about slavery, but none defended its morality
The Constitution of the United States of America was drafted by 55 delegates to the Constitutional Convention, of whom about 25 owned slaves. Many of the framers had moral qualms about slavery, but none defended its morality. They believed that slavery was morally wrong and would eventually die out. The framers consciously avoided using the word "slave" in the Constitution, recognising that it would sully the document. Instead, they obliquely referred to slaves as "persons".
On August 21, 1787, a heated debate erupted 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 nation would be collectively responsible for suppressing slave revolts. He also considered the slave trade to be at odds with America's republican ideals and the principles of the Revolution, stating that it was "inconsistent with the principles of the Revolution, and dishonorable to the American character to have such a feature in the constitution." John Rutledge of South Carolina vehemently disagreed, insisting that "religion and humanity have nothing to do with this question." He threatened that unless the regulation of the slave trade was left to the states, the southernmost states "shall not be parties to the union."
The Constitution included several clauses that indirectly addressed slavery and the slave trade without explicitly mentioning them. One such example is the notorious three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation. This gave the Southern states extra representation in the House of Representatives and additional votes in the Electoral College. Another clause prohibited Congress from outlawing the Atlantic slave trade for twenty years, while the fugitive slave clause mandated the return of runaway slaves to their owners.
While some members of the Constitutional Convention, such as Luther Martin and Alexander Hamilton, voiced eloquent objections to slavery, they ultimately consented to a document that laid the groundwork for future tragic events related to slavery. Thurgood Marshall, the first African American to sit on the Supreme Court, criticised the framers on the 200th anniversary of the Constitution's ratification, stating that they had excluded a majority of Americans by writing "We the People." Marshall echoed the sentiment that the Constitution was "defective from the start."
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The Confederate Constitution of 1861 was pro-slavery, unlike the US Constitution
The US Constitution, which came into effect in 1787, was a compromise on the issue of slavery. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves. The Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years and included a fugitive slave clause requiring the return of runaway slaves to their owners. It also included the notorious three-fifths clause, which counted three-fifths of a state's slave population in apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Confederate Constitution of 1861, on the other hand, was explicitly pro-slavery. It was adopted by the seceding Southern states to preserve and perpetuate slavery. The Confederate Constitution included language such as: "No bill of attainder, ex post facto law, or law denying or impairing the right of property in negro slaves, shall be passed". It also stated that "the institution of negro slavery... shall be recognized and protected by Congress and by the Territorial government".
The Confederate Constitution was based on the US Constitution, with many word-for-word duplicates, but there were crucial differences in tone and legal content, primarily regarding slavery. While the US Constitution avoided using the word "slave", the Confederate Constitution explicitly referred to "negro slaves" and protected them as property.
The secession of the Southern states and the creation of the Confederate Constitution were motivated by the desire to maintain slavery. As historian Kenneth M. Stampp notes, Confederate Vice President Alexander H. Stephens acknowledged that slavery was the "cornerstone of the Confederacy". Alabama politician Robert Hardy Smith also declared that the State of Alabama had seceded from the United States due to the "negro quarrel" over slavery.
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Frequently asked questions
Of the 55 delegates to the US Constitutional Convention, about 25 owned slaves.
Yes, some members of the Constitutional Convention voiced objections to slavery. Luther Martin of Maryland, a slaveholder, said that the slave trade should be subject to federal regulation and was "inconsistent with the principles of the Revolution". Benjamin Franklin and Alexander Hamilton became members of anti-slavery societies.
The US Constitution did not include the word "slave". However, it included a fugitive slave clause requiring the return of runaway slaves to their owners and prohibited Congress from outlawing the Atlantic slave trade for 20 years. Thurgood Marshall, the first African American to sit on the Supreme Court, said on the 200th anniversary of the ratification of the US Constitution that the document was "defective from the start" because it laid the foundation for future tragic events.
Many of the Founding Fathers of the US owned slaves, including George Washington, Thomas Jefferson, and four of the first five presidents. Despite this, some Founding Fathers criticised slavery as a violation of natural rights and expressed a desire to abolish it. Washington and Jefferson never publicly stood against slavery, but Washington freed the slaves he owned in his will, and Jefferson attacked the slave trade in a draft of the Declaration of Independence.

























