Omar Bennett
The US Constitution's relationship with slavery is a highly controversial topic in American history. The original Constitution, drafted in 1787, did not contain the words slave or slavery, but it addressed American slavery in at least five of its provisions and indirectly protected the institution. The Three-Fifths Clause, Fugitive Slave Clause, and the prohibition on Congress from banning the importation of slaves until 1808 are examples of constitutional provisions that protected slavery. The economic and political realities of slavery and the conflicting views of the founding fathers also influenced the language and content of the Constitution. The 13th Amendment, passed in 1865, officially abolished slavery in the United States, but the nation continues to grapple with racial inequalities and the legacy of slavery.
| Characteristics | Values |
|---|---|
| The US Constitution's stance on slavery | The US Constitution protected the institution of slavery. |
| The US Constitution's mention of slavery | The US Constitution did not contain the words "slave" or "slavery" within its text, but it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. |
| The US Constitution's protection of slavery | Article 1, Section 9, prohibits Congress from banning the importation of slaves until 1808, and Article 5 prohibited this from being amended. Article 1, Section 2, provides that, for purposes of representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of white inhabitants of that state. Article 4, Section 2, contains the “fugitive slave clause,” which required that an escaped slave be returned to his or her owner. |
| The US Constitution's omission of a bill of rights | The issue of slavery may have played a role in the omission of a bill of rights in the original version of the US Constitution. |
| The US Constitution's deliberate avoidance of direct language about slavery | The framers' conflicted stance toward slavery led them to deliberately avoid using direct language about the institution in the Constitution. |
| The US Constitution's use of euphemisms | The framers used euphemisms like "Person held to Service or Labour" rather than explicit references to slavery, reflecting their attempt to sidestep moral confrontation while preserving the institution. |
| The US Constitution's role in abolishing slavery | The 13th Amendment to the US Constitution abolished slavery in the United States. |
| The role of the Emancipation Proclamation | President Lincoln issued the Emancipation Proclamation, declaring all persons held as slaves within any state in rebellion against the United States to be forever free. |
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What You'll Learn
The US Constitution's protection of slavery
The US Constitution, drafted in 1787 and ratified in 1789, has been criticised for its protection of slavery. The document, which was intended to ensure justice and protect liberty, notably omitted the key value of equality. The Founding Fathers, who mostly owned slaves, indirectly protected the institution of slavery in the Constitution, and directly addressed it in at least five provisions.
The Three-Fifths Clause, Article I, Section 2, stated that for representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of white inhabitants of that state. This clause was designed to manage the large enslaved population across the country, specifically for measuring the number of seats each state should have in the House of Representatives.
Article I, Section 9, prohibited Congress from banning the importation of slaves until 1808, and Article 5 prohibited this from being amended. This clause, also known as the Migration or Importation Clause, allowed Congress to end the importation of slaves from Africa in 1808.
Article IV, Section 2, contained the Fugitive Slave Clause, which required that an escaped slave be returned to their owner. This clause was reinforced by the Fugitive Slave Act of 1850, which required US Marshals in the North to return escaped slaves to their masters in the South.
The Thirteenth Amendment, passed in 1865, eventually abolished slavery in the United States. However, the racial inequalities that can be traced back to slavery have persisted throughout American history and continue to the present day.
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The Founding Fathers' views on slavery
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 this, he wrote about his belief that slavery was a political and moral evil that he wished to abolish. However, he never personally freed his slaves, and they were sold off to pay his debts when he died.
Gouverneur Morris, another Founding Father, was one of the most vocal opponents of slavery, calling it a "nefarious institution" and "the curse of heaven on the States where it prevailed." Other Founding Fathers who opposed slavery and took action against it include John Adams, Samuel Adams, and Charles Carroll.
Some Founding Fathers, particularly those from the South, steered clear of organized anti-slavery activities to maintain their legitimacy among slave-holding constituents. The Founding Fathers also made compromises in the Constitution to maintain unity in the new country, such as granting slave-holding states the right to count three-fifths of their slave population when apportioning representatives to Congress.
While the Founding Fathers have been criticized for their inability to address slavery, it is important to note that slavery was introduced to America before their time, and they contributed to a change in attitude towards it. For example, during the era of the Articles of Confederation (1781-1789), the Founders prohibited the importation of foreign slaves to individual states and supported a proposal to ban slavery in the Northwest Territory.
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The 13th Amendment and its role in abolishing slavery
The 13th Amendment to the US Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States and its territories. The amendment states that "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." This marked a significant turning point in American history, as it provided a final constitutional solution to the issue of slavery, which had been a contentious and divisive force in the nation since its founding.
Prior to the 13th Amendment, slavery was sparingly mentioned in the Constitution. The Three-Fifths Compromise, in Article I, Section 2, Clause 3, referenced the way enslaved persons were regarded by the federal government as "three-fifths" of a fully free citizen for representation purposes. Additionally, the Fugitive Slave Clause, in Article IV, Section 2, stated that a slave remained a slave even if they fled to a non-slavery state. These provisions within the Constitution seemed to protect slavery and even prohibited Congress from banning the slave trade for a period.
The 13th Amendment was preceded by President Abraham Lincoln's Emancipation Proclamation, issued on January 1, 1863, which declared that all persons held as slaves within any state in rebellion against the United States were henceforth and forever free. While this proclamation was a significant step towards emancipation, it did not end slavery nationwide, as it only applied to areas of the Confederacy in rebellion and not to the "border states" that remained in the Union. Lincoln himself acknowledged that the Emancipation Proclamation would need to be followed by a constitutional amendment to truly abolish slavery.
The 13th Amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union. It faced initial resistance in Congress, with the Senate passing it in April 1864 but the House of Representatives rejecting it at first. President Lincoln took an active role in ensuring its passage through Congress. On February 1, 1865, he approved the Joint Resolution of Congress, submitting the proposed amendment to the state legislatures. By December 6, 1865, the required number of states (twenty-seven out of thirty-three) had ratified the amendment, and it was officially certified and accepted into the Constitution.
The adoption of the 13th Amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and marked a pivotal moment in the nation's history. It not only abolished slavery but also granted Congress the power to enforce this abolition through appropriate legislation, ensuring that the United States had found a lasting solution to the issue of slavery.
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The role of the Civil War in ending slavery
The American Civil War was the culmination of a series of confrontations concerning the institution of slavery. Slavery played a central role during the war, especially with Southern political leaders' resistance to attempts by Northern anti-slavery political forces to block the expansion of slavery into the western territories. The primary catalyst for secession was slavery, and the war itself was fought over the issue of slavery.
During the war, enslaved people played an active role in their emancipation, and thousands escaped from bondage. The price of enslaved people rose and fell with the prospects of Confederate victory. As the war progressed, many slave owners recognised the increasing probability that slavery would be ended and attempted to sell the people they held in slavery.
The 13th Amendment, passed in January 1865, ended slavery in the Union and ensured that slaves in the South would be freed. Although the war ended in 1865, the 13th Amendment was adopted in December of that year, eight months after the war's conclusion. After the war, a narrative of faithful slaves arose in the South, with stories of slaves celebrating the return of soldiers to the plantations. Most blacks in the South remained and worked for their former masters, and racial tensions grew during the Reconstruction era.
The Civil War was preceded by a series of events that highlighted the controversy surrounding slavery. These included the Missouri Compromise, Nat Turner's Rebellion, the Wilmot Proviso, the Compromise of 1850, and the Dred Scott Decision, among others. The Dred Scott Decision, in particular, threatened to recast the political landscape by classifying slaves as property, which intensified polarization over slavery.
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The impact of the Emancipation Proclamation
The Emancipation Proclamation, issued by President Abraham Lincoln on January 1, 1863, was one of the most important documents in American history. It declared that all enslaved people within the Confederate states were henceforth free. The Proclamation only applied to states in rebellion, as a war measure intended to cripple the Confederacy by reducing their resources and manpower.
International Support
The Proclamation helped prevent foreign intervention in the Civil War. Britain and France had considered supporting the Confederacy to expand their influence in the Americas. However, both nations were against slavery, and so chose not to aid the South once the North made it clear that they were fighting to end slavery. The shift in the international political mood against intervention was reinforced by the Union victory at Antietam, which demonstrated that the South may lose.
Military Impact
The Proclamation allowed African Americans to join the US Army and Navy, with over 200,000 African Americans taking up arms for the Union. It also encouraged thousands of enslaved people to flee the plantations, freeing themselves. The contribution of African Americans to the war effort was substantial and perhaps even decisive.
Political Impact
The Emancipation Proclamation was a controversial decision that divided opinion. Some recognised it as a symbol of freedom, while others criticised Lincoln for capitulating to the radicals. There were riots and violent condemnation of the Proclamation, and Lincoln lost the support of many Northern Democrats.
Legal Impact
The Proclamation was a constitutional exercise of Lincoln's powers and changed the focus of the war to include freedom for slaves as a legitimate war aim. It created a dynamic that made the Thirteenth Amendment possible and necessary. The Amendment, passed on December 18, 1865, formally abolished slavery throughout the United States.
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Frequently asked questions
The 13th Amendment to the U.S. Constitution abolished slavery in 1865, stating that "Neither slavery nor involuntary servitude, except as a punishment for crime...shall exist within the United States".
President Abraham Lincoln issued the Emancipation Proclamation in 1863, declaring all slaves in the Confederacy to be free. Lincoln recognised that this would need to be followed by a constitutional amendment to guarantee the abolishment of slavery.
The Fugitive Slave Act required U.S. Marshals in the North to return escaped slaves to their masters in the South. This Act was based on the Fugitive Slave Clause in the Constitution, which required that an escaped slave be returned to their owner.
The Founding Fathers had conflicting views on slavery. Some, like Stephen Douglas, believed that each state should decide whether to own slaves. Others, like James Madison, criticised slavery, calling it "the most oppressive dominion ever exercised by man over man". The Constitution's protection of slavery is considered by many to be its "biggest flaw".
The omission of a bill of rights may have been due to the issue of slavery. There were stark differences between Northern and Southern states, with the former using universal language affirming freedom and equality, while the latter restricted rights to "freemen". To avoid conflict, the framers avoided direct language about slavery.
