
The issue of slavery proved to be a difficult one for the Founding Fathers. The word slave does not appear in the Constitution, but slavery received important protections in the document, including the fugitive slave clause, which required the return of runaway slaves to their owners, and the three-fifths clause, which gave the South extra representation in the House of Representatives and extra votes in the Electoral College. According to the Gilder Lehrman Institute of American History, about 25 of the 55 delegates who attended the Constitutional Convention in Philadelphia owned slaves. The Constitutional Rights Foundation, meanwhile, asserts that 17 of the 55 delegates were slave owners, holding around 1,400 enslaved people between them.
| Characteristics | Values |
|---|---|
| Number of delegates to the Constitutional Convention | 55 |
| Number of slave owners | About 25 |
| Number of slave owners who signed the Constitution | 17 |
| Number of slave owners who were also Founding Fathers | 4 |
| Number of slave owners who were also presidents | 4 |
| Number of slaves owned by the slave-owning delegates | About 1,400 |
| Number of slaves owned by George Washington | Hundreds |
| Number of slaves owned by George Mason | Hundreds |
| Date slavery was abolished in the US | December 6, 1865 |
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What You'll Learn

The number of slave owners who signed the US Constitution
The US Constitution, which was ratified in 1788, did not include the word "slave". However, it included several clauses that protected the institution of slavery. One such clause was the three-fifths clause, which 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. Another was the fugitive slave clause, which required the return of runaway slaves to their owners.
The controversy over the Atlantic slave trade 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 same day this agreement was reached, the convention also adopted the fugitive slave clause.
Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, and many of the framers harbored moral qualms about the institution. The Constitutional Rights Foundation asserts that 17 of the 55 delegates were enslavers and together held about 1,400 enslaved people. Signers of the Constitution, published in 1976 by the National Park Service, notes that 11 other signers “owned or managed slave-operated plantations or large farms,” and then names them: Richard Bassett, John Blair, William Blount, Pierce Butler, Daniel Carroll, Daniel of St. Thomas Jenifer, Charles Pinckney, Charles Cotesworth Pinckney, John Rutledge, Richard Dobbs Spaight, and George Washington.
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 should be subject to federal regulation since the entire nation would be responsible for suppressing slave revolts. John Rutledge of South Carolina responded forcefully, insisting that religion and humanity had nothing to do with the question. George Mason, a Virginia delegate who owned hundreds of slaves, spoke out against slavery.
While the Constitution laid the foundation for the tragic events that followed, it also created a central government powerful enough to eventually abolish the institution of slavery. The 13th Amendment to the US Constitution, passed by the Senate on April 8, 1864, abolished slavery and involuntary servitude, except as punishment for a crime. The 14th Amendment, ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people.
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The role of slavery in the American Revolution
The American Revolution, which began in 1775, was fought over the issue of independence from Great Britain. However, the issue of slavery also played a significant role in the war and its aftermath. At the time, slavery was a deeply rooted institution in the American colonies, with about 20% of British North America's 2.5 million residents in 1775 being enslaved. The American Revolution highlighted the contradictions and challenges of slavery in the colonies, and people of African descent actively participated in the war and embraced the spirit of freedom and liberty.
During the Revolution, the British attempted to exploit the issue of slavery to their advantage. In November 1775, the Royal Governor of Virginia, Lord Dunmore, issued a proclamation offering freedom to slaves who abandoned their patriot masters and joined the British side. This resulted in thousands of slaves joining the British, with many forming the "Ethiopian Regiment" and fighting at the Battle of Great Bridge in 1775. In response, the Americans also allowed slaves to fight in their army, and it is estimated that nearly 10% of the Continental Army was African American at one point.
The issue of slavery caused regional and political divisions within the colonies, with the northern and southern states having different perspectives. The southern states, where the majority of the enslaved population lived, relied heavily on slavery and were determined to protect the institution. On the other hand, the northern states saw slavery as less central to their economy and began to question the morality of slavery as it conflicted with the ideals of the Revolution. This led to debates and compromises during the drafting of the Constitution, with the southern delegates insisting on protections for slavery in exchange for their support for a strong central government.
The framers of the Constitution made concessions on slavery, such as the Three-Fifths Clause and the Fugitive Slave Clause, to gain the support of the southern delegates. The Three-Fifths Clause gave the South extra representation in the House of Representatives and the Electoral College, while the Fugitive Slave Clause required the return of runaway slaves to their owners. About 25 out of the 55 delegates who attended the Constitutional Convention in Philadelphia owned slaves, including George Washington, Richard Bassett, John Blair, and William Blount, among others.
While the American Revolution did not directly lead to the abolition of slavery, it sparked debates and raised questions about the morality and future of the institution. The ideals of liberty and freedom that inspired the Revolution eventually contributed to the growing abolitionist movement and set the stage for the Civil War and the Civil Rights Act of 1964, which finally abolished slavery and guaranteed equal rights for all Americans.
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The Founding Fathers' views on slavery
During the era of the Articles of Confederation (1781-1789), the Founders, except those from South Carolina and Georgia, exhibited aversion to slavery by prohibiting the importation of foreign slaves to individual states and supporting a proposal to ban slavery in the Northwest Territory. However, these policies also served the economic interests of slaveholders in states like Virginia and Maryland, who could sell their surplus slaves at higher prices.
Many of the Founding Fathers, including George Washington, Thomas Jefferson, James Madison, and Benjamin Franklin, owned slaves. Washington, who owned hundreds of slaves, began to change his views during the Revolutionary War, expressing a desire to abolish slavery. In 1786, he wrote, "there is not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it." However, he never took a public stand and only freed the slaves he owned in his will, making him the only Founding Father to do so.
Thomas Jefferson, the author of the words "all men are created equal" in the Declaration of Independence, also owned hundreds of slaves throughout his life. He initially condemned the slave trade and, by implication, slavery in his draft of the Declaration. However, he never personally freed his slaves, and they were sold off after his death to settle his debts.
The issue of slavery created vast regional and political divides, with the rise of militant abolitionism in the North provoking heated debates and ultimately contributing to the Civil War in 1861. The Founding Fathers navigated these divisions by drafting constitutional clauses that acknowledged regional differences while requiring compromises. They granted slave-holding states representation in Congress based on their slave population, enhancing Southern power, but also increased their federal tax burden.
In conclusion, while the Founding Fathers grappled with the moral and political complexities of slavery, their actions and inactions laid the foundation for future conflicts and divisions that would ultimately lead to the Civil War.
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The 13th Amendment and the abolition of slavery
The 13th Amendment, officially ratified on December 6, 1865, abolished slavery in the United States, declaring it illegal. The amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union, and it was the first of the three Reconstruction Amendments. The official text of the 13th Amendment is:
> "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. Congress shall have power to enforce this article by appropriate legislation."
The 13th Amendment was the final answer to the question surrounding the institution of slavery in the United States, which had been a difficult issue for the Founding Fathers to navigate. The institution of slavery was protected by law in all 13 American colonies when they declared independence from Britain in 1776. The Founding Fathers had been born into a slaveholding society, and the morality of owning slaves was rarely questioned. As a result, a majority of the signers of the Declaration of Independence and nearly half of the delegates to the Constitutional Convention owned slaves.
The Constitution, ratified in 1787, gave the federal government the power to put down domestic rebellions, including slave insurrections. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. The word "slave" does not appear in the Constitution, but slavery received important protections in the document, including the Three-Fifths Compromise, which counted three-fifths of each state's enslaved population as part of its total population for the purposes of apportioning seats in the House of Representatives and allocating votes in the Electoral College. Additionally, the Fugitive Slave Clause required the return of runaway slaves to their owners.
In 1863, during the Civil War, President Lincoln issued the Emancipation Proclamation, declaring that all persons held as slaves within any state in rebellion against the United States were forever free. However, this did not end slavery across the nation, as it only applied to areas of the Confederacy in rebellion and not to the "border states" that remained in the Union. Lincoln recognized that a constitutional amendment was needed to guarantee the abolishment of slavery, and the 13th Amendment was passed by Congress on January 31, 1865, and ratified later that year, officially ending slavery in the United States.
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The extension of rights to formerly enslaved people through the 14th Amendment
The US Constitution was signed by 55 delegates, of whom about 25 owned slaves. The word "slave" was notably absent from the document, but slavery was implicitly protected by the Constitution. For instance, the fugitive slave clause required runaway slaves to be returned to their owners, and the three-fifths clause gave extra representation in the House of Representatives and extra votes in the Electoral College to the Southern states with large slave populations.
Following the Civil War, Congress submitted three amendments to the Constitution as part of its Reconstruction program to guarantee equal civil and legal rights to Black citizens. The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was one of these amendments that extended liberties and rights to formerly enslaved people.
The 14th Amendment granted citizenship to "all persons born or naturalized in the United States," including formerly enslaved people, and guaranteed all citizens "equal protection of the laws." It also repealed the three-fifths clause, clarifying that all residents, regardless of race, should be counted as whole persons. This amendment overruled the 1857 Dred Scott decision, which stated that Black people were not and could not be citizens.
Section Four of the 14th Amendment addressed the issue of Confederate debts and prohibited payments to former enslavers as compensation for the loss of enslaved people. Additionally, Section Two of the amendment ensured that all male citizens over 21, regardless of race, had the right to vote. The 14th Amendment became the basis for numerous landmark Supreme Court decisions and empowered African Americans to pursue the benefits of citizenship and justice.
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Frequently asked questions
Of the 55 delegates to the Constitutional Convention, about 25 owned slaves.
The Constitution included the three-fifths clause, which 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. It also included a fugitive slave clause, requiring the return of runaway slaves to their owners.
The Founding Fathers had been born into a slaveholding society where the morality of owning slaves was rarely questioned. While some colonies supported slavery and others opposed it, the institution had deep roots in the colonies. A majority of the signers of the Declaration of Independence and nearly half of the delegates to the Constitutional Convention owned slaves.
George Washington, who owned hundreds of slaves, began to change his views during the Revolutionary War. He wrote that he wished to get clear of owning slaves and that he sincerely supported a plan for abolition. However, he never took a public stand against slavery. He freed the slaves he owned in his will, the only Founding Father to do so.
Slavery was abolished by the Thirteenth Amendment to the US Constitution, which was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified on December 6, 1865. The Fourteenth Amendment, ratified in 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people.

























