Slavery's Dark Legacy In The Us Constitution

The topic of slavery was fiercely debated during the drafting of the US Constitution, with some framers owning slaves and others harbouring moral qualms about the practice. While the word slave was not included in the original document, four clauses indirectly addressed slavery and the slave trade. One of these was the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and the Electoral College. The Fugitive Slave Clause was another, which stated that escaped slaves must be returned to their enslavers. The framers' conscious decision to avoid the word slave has been criticised by some, including Thurgood Marshall, who said the Constitution was defective from the start. The 13th Amendment, passed in 1865, officially abolished slavery in the US.

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The Constitution had four clauses that indirectly addressed slavery without using the term

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 four clauses that indirectly addressed slavery and the slave trade without using those terms.

The first of these four clauses was the Fugitive Slave Clause, which stated that enslaved people who escaped and sought freedom had to be returned to their enslavers, and the federal government would enforce this rule. This clause was superseded by the 13th Amendment, which abolished slavery, rendering the Fugitive Slave Clause obsolete.

The second clause was the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation. This gave the southern states with a higher slave population extra representation in the House of Representatives and extra votes in the Electoral College.

The third clause addressed the federal government's power to forcibly put down domestic rebellions, which included slave insurrections. This clause reflected the fear among white people in slave-holding states of slave uprisings, and it authorized the use of federal troops to fight against enslaved people seeking freedom through violent means.

The fourth clause pertained to the regulation of the slave trade. There was a bitter debate over a South Carolina proposal to prohibit federal government interference in the Atlantic slave trade. Eventually, a compromise was reached: there would be no restriction on the slave trade for 20 years, until 1808, in exchange for the federal government's power to make laws requiring American ships to be used in all commerce, benefiting shipbuilders and maritime workers in the northeast.

The word slave was not in the Constitution

The word "slave" was not included in the Constitution, and the framers consciously avoided using it. The Constitution did, however, make four references to slavery and the slave trade without directly mentioning them. The framers' intentions were described by Frederick Douglass as:

> "It so happens that no such words as 'African slave trade,' no such words as 'slave representation,' no such words as 'fugitive slaves,' no such words as 'slave insurrections,' are anywhere used in that instrument. These are... not the words of the Constitution of the United States."

The framers' decision to avoid the word "slave" was likely due to their recognition that it would tarnish the document. Despite this, the Constitution provided important protections for slavery, including the notorious three-fifths clause, which counted three-fifths of a state's slave population when allocating representation, giving the South extra representation in the House of Representatives and additional votes in the Electoral College.

The framers' sidestepping of the slavery issue laid the groundwork for future conflict. Many framers had moral qualms about slavery, and some, like Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. On August 21, 1787, a heated debate erupted over a South Carolina proposal to prevent the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder himself, argued that the slave trade should be subject to federal regulation and was inconsistent with America's republican ideals. John Rutledge of South Carolina responded forcefully, insisting that religion and humanity had nothing to do with the issue.

The Constitution's failure to address slavery directly contributed to the enduring institution of slavery in the United States. It was not until 1865, with the ratification of the 13th Amendment, that slavery was officially abolished in the country.

The Three-Fifths Compromise gave the South more representation

The Three-Fifths Compromise was an agreement reached by state delegates at the 1787 Constitutional Convention. It was proposed by delegate James Wilson and seconded by Charles Pinckney. The compromise counted every enslaved American as three-fifths of a person for taxation and representation purposes. This agreement gave the Southern states more electoral power than they would have had if the enslaved population had been ignored entirely.

The delegates from the Northern states argued that only voters should be accounted for. Southern delegates, on the other hand, countered that slaves counted just as much as voters. This led to a contentious debate, and the Three-Fifths Compromise was the eventual resolution. This compromise reduced the representation of the slave states relative to the original proposals but improved it over the Northern position. It also tied taxation to the same ratio, reducing the burden of taxation on the slave states.

The Three-Fifths Compromise was proposed in the context of a debate over a South Carolina suggestion 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. John Rutledge of South Carolina responded forcefully, insisting that religion and humanity had nothing to do with the question. He threatened that the southernmost states would not join the union if the regulation of the slave trade was not left to the states.

The Three-Fifths Compromise was not the only proposal considered. Benjamin Harrison of Virginia suggested a one-half ratio, while several New Englanders proposed a three-fourths ratio. However, these proposals failed to gain sufficient support. The Three-Fifths Compromise was chosen because it was seen as a necessary compromise to unify the states, despite the moral qualms of some delegates.

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The Fugitive Slave Clause was superseded by the 13th Amendment

The U.S. Constitution did not include the words "slave" or "slavery", but it did contain four clauses that indirectly addressed the issue. One of these was the Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause. This clause required a “Person held to Service or Labour” who flees to another state to be returned to their master in the state from which they escaped. The clause was included in Article IV, Section 2, Clause 3 of the Constitution.

The Fugitive Slave Clause was a compromise between the Northern and Southern states, which had differing views on slavery. While slavery was a way of life in the American South, many Northern states had outlawed it by the late 18th century. The clause gave enslavers a constitutional right to recover their "property" from another state.

The Fugitive Slave Clause faced increasing resistance from the North in the 19th century, particularly after the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect their Black residents from kidnapping and provide safeguards for accused fugitives. However, the Supreme Court ruled in 1859 that states could not obstruct federal enforcement, reinforcing federal supremacy.

The 13th Amendment to the U.S. Constitution, passed in 1864 and ratified in 1865, abolished slavery and involuntary servitude (except as punishment for a crime). This rendered the Fugitive Slave Clause mostly irrelevant or moot, as it was no longer enforceable. The amendment was the first of three Reconstruction Amendments adopted following the Civil War and President Abraham Lincoln's Emancipation Proclamation.

The Constitution's framers believed slavery contradicted natural rights

The Constitution of the United States was drafted in 1787 and ratified in 1788. It was a compromise between the North and the South, with the North seeking to end slavery and the South seeking to preserve it. The Constitution included four clauses that indirectly addressed slavery and the slave trade, though the words "slave" or "slavery" were never mentioned. Instead, the Constitution referred to "persons".

The Constitution's framers believed that slavery contradicted the natural rights of all and denied the idea of consent in a republic. They consistently worked to build a constitutional republic of liberty that equally protected the rights of all Americans. The Founding Fathers criticized the institution of slavery severely. James Madison, often referred to as the "Father of the Constitution", attacked slavery early in the Convention, stating:

> "We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man."

Another Virginian, George Mason, who owned hundreds of slaves, feared that slavery brought down "the judgment of heaven on a country". At the Constitutional Convention, Gouverneur Morris called slavery a "nefarious institution". Luther Martin of Maryland, a slaveholder, said that the slave trade was contrary to America's republican ideals:

> "It is inconsistent with the principles of the Revolution, and dishonorable to the American character to have such a feature in the constitution."

Many of the framers harbored moral qualms about slavery. Some, including Benjamin Franklin (a former slaveholder) and Alexander Hamilton (born in a slave colony in the British West Indies), became members of anti-slavery societies.

The framers made a prudential compromise with slavery because they sought to achieve their highest goal of a stronger Union of republican self-government. Since some slaveholding delegations threatened to walk out of the Constitution if slavery was threatened, there was a real possibility that there would have been separate free and slave confederacies instead of the United States. The free states would have lost all leverage over the slave states to end slavery if they had separated.

The specific clauses of the Constitution related to slavery were the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the fugitive slave clause, and the slave insurrections clause. The Three-Fifths Clause 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 Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years. A fugitive slave clause required the return of runaway slaves to their owners. The Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections.

The Constitution, therefore, in the eyes of some scholars, seems to be a contradiction to the universal ideals of liberty and equality in the American Founding and the Declaration of Independence. On the surface, the Constitution seemed to protect slavery in the states. It was later generations of statesmen before the Civil War who took the view that slavery was not a violation of natural law and believed that slavery was good for the inferior slave and the larger society.

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