
The writers of the US Constitution were the Founding Fathers, and the issue of slavery proved to be a difficult one for them to navigate. The word slave does not appear in the Constitution, but slavery received important protections in the document, including the notorious three-fifths clause, which gave the South extra representation in the House of Representatives and extra votes in the Electoral College. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, including George Washington, Thomas Jefferson, James Madison, and Benjamin Franklin.
| Characteristics | Values |
|---|---|
| Number of writers of the Constitution who owned slaves | 25 of 55 writers, according to the Gilder Lehrman Institute for American History; 17 of 55, according to the Constitutional Rights Foundation |
| Number of slaves owned by the writers | 1,400 slaves owned by 17 writers |
| Names of writers who owned slaves | 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, George Washington, Thomas Jefferson, James Madison, Benjamin Franklin, George Mason, Hercules Mulligan |
| Specific clauses related to slavery | Three-Fifths Clause, ban on Congress ending the slave trade for 20 years, fugitive slave clause, slave insurrection clause |
| Views on slavery | Some writers believed slavery was immoral and wanted to abolish it, but thought it should be done gradually to prevent conflict between races; some writers wanted to end slavery but did not take a public stand; some writers believed slavery was evil and inconsistent with American ideals |
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The writers of the constitution who owned slaves
The writers of the US Constitution who owned slaves include James Madison, 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. In addition, Thomas Jefferson, who was instrumental in the writing of the Declaration of Independence, owned 600 slaves.
Of the 55 delegates to the Constitutional Convention, about 25 owned slaves. Many of the framers had moral qualms about slavery. Some, including Benjamin Franklin (a former slaveholder) and Alexander Hamilton (who was born in a slave colony in the British West Indies), became members of anti-slavery societies. 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, said that the slave trade should be subject to federal regulation since the entire nation would be responsible for suppressing slave revolts. He also considered the slave trade contrary to America’s republican ideals.
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, requiring the return of runaway slaves to their owners.
While the word "slave" does not appear in the Constitution, slavery received important protections in the document. The Three-Fifths Clause, for example, 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.
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The writers of the constitution who didn't own slaves
The writers of the US Constitution who did not own slaves include Alexander Hamilton, who was born in a slave colony in the British West Indies. Hamilton opposed slavery, as his experiences left him familiar with its effects on slaves and slaveholders. He became a member of an anti-slavery society.
Another writer who did not own slaves was John Jay, who helped secure and signed into law an abolition law in 1798, ending forced labour as of 1827. He freed his slaves in the same year.
Other writers of the Constitution who did not own slaves include Luther Martin of Maryland, who considered the slave trade contrary to America's republican ideals, and George Mason of Virginia, who owned hundreds of slaves but spoke out against slavery.
It is important to note that the word "slave" does not appear in the Constitution, as the framers consciously avoided it, recognising that it would sully the document. However, slavery received important protections in the Constitution, including the notorious three-fifths clause, which gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
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The writers of the constitution who opposed slavery
The writers of the US Constitution had differing views on slavery. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, while others were morally opposed to it. The word "slave" does not appear in the Constitution, but slavery received important protections in the document. For example, the Three-Fifths Compromise 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 included a fugitive slave clause, requiring the return of runaway slaves to their owners, and prohibited Congress from outlawing the Atlantic slave trade for 20 years.
Some of the Founding Fathers, including those who wrote the Constitution, were members of anti-slavery societies. Benjamin Franklin, a former slaveholder, and Alexander Hamilton, who was born in a slave colony in the British West Indies, were both members of anti-slavery societies. Hamilton, whose youth in the West Indies embittered him against slavery, co-founded the New York Manumission Society in 1785, which established the New York African Free School in 1787. Gouverneur Morris, another Founding Father, called slavery a "nefarious institution" and "the curse of heaven on the States where it prevailed."
During the Constitutional Convention, there was a bitter debate over a proposal from South Carolina 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 and was inconsistent with the principles of the American Revolution. A Virginia delegate, George Mason, who owned hundreds of slaves, also spoke out against slavery, arguing that it "discourages arts and manufactures" and "corrupted slaveholders."
While some of the Founding Fathers, including those who wrote the Constitution, owned slaves, others, such as George Washington, began to change their views during the Revolutionary War. Washington wrote that he wished "more and more to get clear" of owning slaves and that he sincerely wished to see the abolition of slavery. He was the only Founding Father to free the slaves he owned in his will. Thomas Jefferson, who owned 600 slaves, initially condemned the injustice of the slave trade and, by implication, slavery in his initial draft of the Declaration of Independence. However, he also absolved Americans of any responsibility for owning slaves, blaming the presence of enslaved Africans in North America on British colonial policies.
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The writers of the constitution who supported slavery
The writers of the Constitution had differing views on slavery. While some members of the Constitutional Convention voiced objections to slavery, the final document included several clauses that protected the institution of slavery. The Three-Fifths Clause, for example, gave Southern states extra representation in the House of Representatives and extra votes in the Electoral College based on their slave populations. The Constitution also included a fugitive slave clause, requiring the return of runaway slaves to their owners, and prohibited Congress from outlawing the Atlantic slave trade for twenty years.
Of the 55 delegates to the Constitutional Convention, about 25 owned slaves, and many of the framers had moral qualms about slavery. Some of the notable writers of the Constitution who supported slavery include:
- George Washington: Washington owned hundreds of slaves, although he began to change his views during the Revolutionary War. He wrote that he wished to get rid of his slaves and considered slavery "the only unavoidable subject of regret." However, he never took a public stand against slavery and did not free his slaves during his lifetime.
- Thomas Jefferson: Jefferson, who owned 600 slaves, believed that slavery was immoral but advocated for a gradual approach to emancipation to prevent racial conflict. He did not choose to emancipate his slaves upon his death, and only two of his slaves were voluntarily given their freedom during his lifetime.
- James Madison: Madison, known as the "Father of the Constitution," criticized slavery during the Convention. However, he was a slave owner himself and struggled with the decision of whether to free his slaves. Ultimately, he chose not to emancipate them, citing concerns about the potential hardship it would cause for his wife, Dolley.
- Other notable writers and signers of the Constitution who owned slaves include 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.
While the writers of the Constitution who owned slaves may have had varying views on the morality of slavery, their inclusion of clauses protecting the institution reveals a recognition of its importance to the Southern states and a willingness to compromise on the issue.
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The specific clauses in the constitution related to slavery
The Constitution of the United States was drafted in 1787, at a time when slavery was a significant component of the country's economy and society. Notably, the word "slave" does not appear in the Constitution, as the framers consciously avoided its use, recognising that it would tarnish the document. However, slavery was indirectly referenced and protected through specific clauses, and the framers made concessions on slavery to gain the support of southern delegates for a strong central government.
One of the most well-known clauses related to slavery is the Three-Fifths Clause, which can be found in Article 1, Section 2, Clause 3 of the Constitution. This clause stipulated that three-fifths of a state's slave population would be counted for the apportionment of seats in the House of Representatives and direct taxes. This gave the South additional representation in the House and extra votes in the Electoral College.
Another clause related to slavery is Article 1, Section 9, Clause 1, often referred to as the Slave Trade Clause or the Importation of Persons Clause. This clause prohibited the federal government from limiting the importation of "persons" into states that allowed it, for a period of 20 years after the Constitution took effect. This was a compromise between the Southern states, where slavery was crucial to the economy, and the Northern states, where abolition was contemplated or had already been achieved.
The Fugitive Slave Clause, adopted on the same day as the Slave Trade Clause, required the return of runaway slaves to their owners. This clause contributed to the controversy over whether the Constitution was a pro-slavery document.
While the Constitution did not directly address the regulation of the slave trade, it gave the federal government the power to suppress domestic rebellions, including slave insurrections. This reflected the tension between the practice of slavery and the Declaration of Independence's assertion that "all men are created equal".
It is estimated that around 25 out of the 55 delegates to the Constitutional Convention owned slaves, including George Washington, Richard Bassett, John Blair, William Blount, and Pierce Butler, to name a few. Many of the framers had moral qualms about slavery, and some, like Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies.
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Frequently asked questions
Yes, some of the writers of the US Constitution were slave owners. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves.
Some of the writers of the US Constitution who owned slaves include:
- James Madison
- 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
- George Washington
- George Mason
- Thomas Jefferson
- Benjamin Franklin
Many of the writers of the US Constitution who owned slaves had moral qualms about slavery. For example, Thomas Jefferson believed that slavery was immoral and should be done away with gradually to prevent trouble between races. Similarly, James Madison believed that slavery was evil and struggled with the decision of whether or not to free his slaves. George Washington also began to change his views during the Revolutionary War and wrote that he wished to get clear of owning slaves. Benjamin Franklin, another slave owner, was a member of an anti-slavery society.
The US Constitution included several clauses that indirectly addressed slavery without explicitly mentioning the word "slave" or "slavery". These included the Three-Fifths Clause, which counted three-fifths of a state's slave population for representation in the House of Representatives and the Electoral College. The Constitution also included a fugitive slave clause, requiring the return of runaway slaves to their owners, and a provision prohibiting Congress from outlawing the Atlantic slave trade for twenty years.

























