Omar Bennett
The original US Constitution, adopted in 1787, addressed slavery in several ways but never mentioned the word itself. The three clauses that most directly addressed the issue were the so-called three-fifths clause, the African slave trade clause, and the fugitive slave clause. The three-fifths clause counted three-fifths of each 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 African slave trade clause prohibited the federal government from banning the slave trade until 1808. The fugitive slave clause stated that escaped slaves would be returned to their owners, even if they had escaped to a free state. While the Constitution stopped short of outlawing slavery, it created a central government powerful enough to eventually abolish the institution.
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What You'll Learn
The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, given that those slaves had no voting rights. A compromise was struck to resolve this impasse. The compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, effectively giving the Southern states more power in the House relative to the Northern states.
The three-fifths ratio was first proposed by James Madison, though it was initially intended to change the basis for determining the wealth of each state, and hence its tax obligations, from real estate to population. This proposal was not approved, falling two states short of the unanimous approval required to amend the Articles of Confederation. However, the same ratio was later used in the Three-Fifths Compromise, which was proposed by delegate James Wilson and seconded by Charles Pinckney.
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The Fugitive Slave Clause
The clause was adopted at the Constitutional Convention of 1787, and was part of the Northwest Ordinance of 1787, which abolished slavery in the Territory. The Fugitive Slave Clause, however, provided for the return of fugitive slaves who escaped there. James Wilson and Roger Sherman objected that this would oblige the executive of the State to seize fugitive slaves at public expense. Despite this, the provision was approved by the Convention unanimously and without further debate.
The clause has been interpreted as illustrating systemic racism at the core of America's founding. However, others argue that it reflects the hard-fought battle waged by opponents of slavery in the 1780s and 1790s to limit its influence, with the hope that all states would eventually abolish it.
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The Slave Trade Clause
The use of the word "importation" instead of "slavery" in the Slave Trade Clause has been noted by historians. This choice of wording may have been due to embarrassment or the desire to avoid suggesting that slavery was recognised under federal law. The framers of the Constitution, such as Luther Martin of Maryland, recognised that the slave trade was inconsistent with America's republican ideals and the principles of the Revolution.
In conclusion, the Slave Trade Clause was a temporary compromise that allowed the continuation of the slave trade for a specific period. It reflected the complex political and social landscape of the time and the desire to form a Union, even if it meant including the institution of slavery.
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The founding ideals of liberty and equality
The Three-Fifths Compromise, also known as the Three-Fifths Clause, was a significant aspect of the Constitution that addressed slavery. This compromise stated that representatives and taxes would be apportioned among the states based on the number of free persons and "three-fifths of all other persons." The use of the term "person" instead of "slave" was intentional, as the delegates did not want to imply that people could be considered property. This compromise was a concession to the South, as they had sought five-fifths representation. However, it did not validate slavery on a national level and created ambiguity regarding enforcement.
The Fugitive Slave Clause, another important component of the Constitution, stated that individuals held in slavery in one state who escaped to another state were still considered slaves and could be recaptured. This clause did not recognise people as property and did not require free states to participate in the recapture of escaped individuals. The enforcement of this clause was a contentious issue, with some states threatening to leave the Union if there were restrictions imposed on the slave trade.
The Constitution also included a proposed federal prohibition of the African slave trade until 1808, reflecting the tensions between anti-slavery sentiments and the power of pro-slavery forces. The absence of the word "slave" in the Constitution, despite explicit references to slavery, illustrates the delicate approach taken by the framers.
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The abolition of slavery
The original US Constitution, adopted in Philadelphia in September 1787, addressed the issue of slavery in several ways but never mentioned the word "slave" itself. The three clauses that represented the most direct examples of this were the so-called three-fifths clause, the African slave trade clause, and the fugitive slave clause. The three-fifths clause stated that representatives and direct taxes would be apportioned among the states according to the number of free persons and "three-fifths of all other persons". This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The fugitive slave clause stated that slaves held under the laws of one state who escaped to another state did not become free but remained slaves. The African slave trade clause prohibited the federal government from regulating the Atlantic slave trade.
The delegates to the Constitutional Convention, many of whom owned slaves, grappled with the issue of slavery, a moral and ethical question that threatened the unity and goal of a stronger national government. Some delegates voiced eloquent objections to slavery, while others threatened to walk out of the convention if slavery was threatened. The Framers made a prudential compromise with slavery because they sought to achieve their highest goal of a stronger Union of republican self-government. They created a regime of liberty that they hoped would lead to slavery's ultimate extinction.
In the decades after the ratification of the Constitution, the northern states banned slavery outright or with gradual emancipation schemes, and the nation expanded liberty and equality through measures such as the Northwest Ordinance and the Missouri Compromise. However, the issue of slavery continued to divide the country, eventually leading to the Civil War.
During and after the Civil War, Americans worked to end slavery constitutionally. President Abraham Lincoln issued the Emancipation Proclamation, which declared that the enslaved in Confederate-controlled areas were free. The Thirteenth Amendment (Amendment XIII) to the United States Constitution, passed by Congress and ratified by the states in 1864 and 1865, abolished slavery and involuntary servitude, except as punishment for a crime. With the ratification of the 13th Amendment, slavery officially ended in the United States.
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Frequently asked questions
The three most direct examples of clauses addressing slavery in the Constitution were the Three-Fifths Clause, the African Slave Trade Clause, and the Fugitive Slave Clause.
The Three-Fifths Clause stated that representatives and direct taxes would be apportioned among the states according to the number of free persons and "three-fifths of all other persons". This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Fugitive Slave Clause stated that "No Person held to Service or labor in one State, under the Laws thereof, escaping into another ... shall be delivered up on Claim of the Party to whom such Service or labor may be due." This clause did not recognise property in man, did not compel free states to participate in the recapture of fugitive slaves, and did not give national sanction to slavery.
The Constitution of 1787 did not contain the word "slave", but slavery was a fiercely debated topic during the drafting process. While some considered the document pro-slavery, others argue that it was anti-slavery. The Constitution did not outlaw slavery, but it created a central government powerful enough to eventually abolish the institution.
