
The US Constitution, drafted in 1787, did not include the word slavery in its provisions, despite it being a significant component of the economy and society in the United States at the time. The Three-Fifths Clause in Article I, Section 2, Paragraph 3, counted three-fifths of a state's slave population for representation, giving southern states with large slave populations an advantage in terms of representation and votes. This clause has been interpreted as either a compromise or as evidence of the Constitution's pro-slavery nature, with critics arguing that it contradicted the natural rights and liberties that the Constitution aimed to protect for all Americans.
| Characteristics | Values |
|---|---|
| Slaves were counted as | Three-fifths of a person |
| The Three-Fifths Clause was in | Article I, Section 2 |
| The Importation Clause was in | Article I, Section 9 |
| The Fugitive Slave Clause was in | Article IV, Section 2 |
| The Slave Insurrection Clause was in | Article I, Section 8 |
| The Constitution was drafted in | 1787 |
| Slavery was abolished with | The Thirteenth Amendment |
| The first African American on the Supreme Court | Thurgood Marshall |
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What You'll Learn
- The Three-Fifths Clause counted slaves as three-fifths of a person
- The Fugitive Slave Clause allowed for the return of fugitive slaves
- The Slave Trade Clause banned the importation of slaves from 1808
- The Slave Power: Southern states gained more seats in Congress
- The Civil War and its connection to slavery

The Three-Fifths Clause counted slaves as three-fifths of a person
The Three-Fifths Clause, also known as the Three-Fifths Compromise, was a clause in the US Constitution that counted slaves as three-fifths of a person. This clause was a compromise between the Northern and Southern delegates during the Constitutional Convention in 1787. The Northern delegates argued that only voters should be counted when allocating the number of representatives a state could elect and send to Congress. On the other hand, the Southern delegates, who held slaves and considered them as important as voters, wanted their entire population, including slaves, to be counted.
The Three-Fifths Compromise was a solution to this dispute. It stated that each slave would count as three-fifths of a person for state representation. This compromise was included in Article I, Section 2, Clause 3 of the US Constitution, which specified that the number of members of the House of Representatives from each state would depend on the number of citizens in each state. By counting slaves as three-fifths of a person, the Southern states gained extra representation in the House of Representatives and the Electoral College, giving them more political power.
The inclusion of the Three-Fifths Clause in the US Constitution has been a subject of controversy. Some people argue that it was a pro-slavery measure that contradicted the ideals of liberty and equality. Thurgood Marshall, the first African American Supreme Court justice, described the Constitution as "defective from the start" due to its concessions to slavery. However, others, like Frederick Douglass, believed that the clause encouraged freedom by giving more political power to free states over slave states. Douglass argued that the framers' intentions were "good, not bad", and that the clause looked towards the abolition of slavery rather than its perpetuation.
The Three-Fifths Clause had significant implications for the political landscape of the United States. It gave Southern states with large slave populations more representation and influence in the government. This power dynamic between the North and South contributed to the sectionalism and disputes that eventually led to the Civil War. The Three-Fifths Compromise was later superseded by Section 2 of the Fourteenth Amendment in 1868, which explicitly repealed the compromise and provided for the apportionment of representatives based on the whole number of persons in each state, excluding untaxed Native Americans.
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The Fugitive Slave Clause allowed for the return of fugitive slaves
The Fugitive Slave Clause, also known as Article IV, Section 2, Clause 2, was a provision in the US Constitution that allowed for the return of fugitive slaves to their enslavers. The clause stated that:
> "No person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due."
This clause avoided the use of the word "slavery" and instead referred to "service or labour". It was designed to prevent disagreements between free and slave states over fugitive slaves, which could threaten the peace of the union. The Fugitive Slave Clause was agreed upon without dissent at the Constitutional Convention and was later enforced through the Fugitive Slave Act of 1793, which clarified the processes by which enslavers could claim their escaped slaves.
The Fugitive Slave Clause and the subsequent Fugitive Slave Acts contributed to the growing polarization of the country over the issue of slavery. Despite the efforts of abolitionists to defend escaped slaves and prevent their recapture, these legal provisions ensured that fugitive slaves could be returned to their enslavers. The Union Army sometimes returned fugitives to their enslavers until March 1862, when Congress passed the Confiscation Act of 1862, which prohibited Union officers from doing so. The Fugitive Slave Act was formally repealed in June 1864.
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The Slave Trade Clause banned the importation of slaves from 1808
The Slave Trade Clause, or the Importation Clause, is outlined in Article I, Section 9, Clause 1 of the US Constitution. This clause prevented Congress from banning the importation of slaves until 1808.
The Three-Fifths Clause in Article I, Section 2, Paragraph 3, provided that the apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and "three-fifths of all other persons". The "other persons" referred to were the African slaves who comprised around a third of the Southern states' population. This clause was a compromise when creating Congress and determining how slaves were counted for representation and taxation.
The Slave Trade Clause was a result of the fierce debates at the Constitutional Convention in 1787. The Northern states were against the continued importation of slaves, while the Southern states were for it. The delegates agreed on a compromise, which was reflected in Article I, Section 9, Clause 1, to prevent Congress from outlawing the importation of slaves until 1808.
In 1807, an act of Congress, called the Act Prohibiting the Importation of Slaves, was passed. This act prohibited the importation of slaves into the United States starting on January 1, 1808. The act was signed by President Thomas Jefferson, who had called for its enactment in his 1806 State of the Union Address. This reflected the growing trend toward abolishing the international slave trade. However, it is important to note that the act did not end slavery itself or the domestic sale of slaves within the United States.
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The Slave Power: Southern states gained more seats in Congress
The US Constitution, drafted in 1787, did not contain the word "slave", but slavery was a fiercely debated topic during the Constitutional Convention. The Three-Fifths Compromise, also known as the Three-Fifths Clause, was a significant factor in the "Slave Power" in the legislature, which refers to the political power held by American slaveholders in the federal government during the Antebellum period.
The Three-Fifths Compromise, adopted during the Constitutional Convention, counted three-fifths of a state's slave population for representation. This compromise was based on the notion that enslaved people were considered property without rights or privileges. However, the southern states argued that slaves should be included in the population count toward their representation in the House of Representatives.
The additional seats gained by the southern states with large slave populations gave them an advantage in Congress, with more representatives and electoral votes. This distorted the representation of other states, particularly the smaller and northern states, and led to frustration over imbalances of regional political power. The Three-Fifths Compromise created the "Slave Power" in the legislature, allowing bills favourable to the southern region to pass more easily.
The Compromise was a result of the framers' belief that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They feared that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union. By avoiding the issue of slavery, the framers laid the groundwork for future conflicts.
The "Slave Power" was a concern for many Northerners, who felt that the Compromise of 1850 and subsequent maneuvers, such as the Kansas-Nebraska Act, gave too much power to the South without any reciprocation. The increasing popularity of the Republicans, who advocated for free labour and opposed the expansion of slavery, further fueled secessionist sentiments in the South. The election of Abraham Lincoln in 1860, who ran on a platform of ending "Slave Power", ultimately led to the Civil War and the eventual overthrow of slavery.
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The Civil War and its connection to slavery
The US Constitution, drafted in 1787, did not contain the word "slave". However, slavery was a fiercely debated topic during the Constitutional Convention, and the document included references and protections for the practice. The Three-Fifths Compromise, for instance, counted three-fifths of a state's slave population for representation, giving southern states with large slave populations more representatives and electoral votes. This compromise was not based on a belief that enslaved people were partially human, but rather on an approximation of the economic value that an enslaved person contributed to a state's economy.
The Fugitive Slave Clause was another measure that protected slavery. This clause granted the owners of "persons held to service or labour" the right to seize and repossess them in another state, regardless of that state's laws. Additional fugitive slave laws were passed in the 19th century, and this practice was not repealed until 1861, the first year of the American Civil War, when General Benjamin Butler refused to return fugitives to slavery in the Confederacy.
In the decades leading up to the Civil War, political tensions rose as abolitionists and proponents of slavery argued over whether new US territories would be admitted as "slave" or "free" states. While northern states had already abolished or begun to abolish slavery, the domestic trade in enslaved people continued to flourish in the South. The election of Abraham Lincoln, a Republican with well-known anti-slavery views, as president in 1860 was the breaking point for the South. Within three months, seven southern states had seceded to form the Confederate States of America, and four more would follow after the Civil War began.
Although Lincoln's initial aim was to preserve the Union rather than abolish slavery, he issued a preliminary emancipation proclamation in September 1862, and on January 1, 1863, he officially declared that "all persons held as slaves within any State or designated part of a State [...] shall be then, thenceforward, and forever free." In 1861 and 1862, Congress also passed the Confiscation Acts, which freed enslaved people who came within Union lines and had been under Confederate masters, but these laws were not strictly enforced due to concerns about causing border states to secede.
The Civil War ended with the addition of a new amendment to the Constitution: "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." In 1865, the 13th Amendment was ratified, officially ending slavery in the United States.
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Frequently asked questions
The Three-Fifths Clause in Article I, Section 2, Paragraph 3, counted three-fifths of a state's slave population for representation.
The Three-Fifths Clause was a compromise to address the issue of representation in Congress based on population. It gave southern states with large slave populations more representatives and electoral votes.
Smaller and northern states argued that including slaves in the population count would distort the number of representatives sent to Congress by southern states. They protested on political and moral grounds.
In addition to the Three-Fifths Clause, the Importation Clause (Article I, Section 9) prevented Congress from banning the slave trade for 20 years. The Fugitive Slave Clause (Article IV, Section 2) provided for the return of fugitive slaves from the North to the South.

























