The Constitution And Slavery: An American Paradox

The United States Constitution was drafted in 1787, at a time when slavery was a common practice. The issue of slavery was a contentious topic among the framers of the Constitution, with some owning slaves themselves and others harbouring moral objections to the practice. The Constitution included several clauses that impacted slavery, such as the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, and the Fugitive Slave Clause, which required the return of runaway slaves to their owners. While the word slave does not appear in the Constitution, the framers' conflicted stance on slavery led to compromises that protected slaveholding interests.

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The Three-Fifths Clause

The Three-Fifths Compromise, also known as the Constitutional Compromise of 1787, was an agreement reached during the 1787 United States Constitutional Convention. This agreement was made between delegates from the Northern and Southern states. The Three-Fifths Compromise was part of Article 1, Section 2, Clause 3 of the U.S. Constitution.

The Compromise stated that three-fifths of each state's slave population would be counted towards that state's total population. This was to be used for determining direct taxation and representation in the House of Representatives. Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress. However, free states wanted to exclude the counting of slave populations in slave states, as those slaves had no voting rights. This compromise effectively gave the Southern states more power in the House relative to the North.

The three-fifths ratio was proposed by James Madison, who explained his reasoning in Federalist No. 54, "The Apportionment of Members Among the States". Madison argued that slaves were considered as persons and not merely property. However, this interpretation has been disputed, with some arguing that the Constitution relegates blacks to three-fifths of a person.

The Three-Fifths Compromise had a significant impact on representation in the House of Representatives, with slave states gaining a disproportionate number of seats. This impact was felt before the Civil War, and the Compromise was later superseded and repealed by Section 2 of the Fourteenth Amendment in 1868.

Fugitive Slave Clause

The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. It required that a "Person held to Service or Labour" who fled to another state—usually a slave, apprentice, or indentured servant—be returned to their master in the state from which they escaped. The clause was proposed by Pierce Butler and Charles Pinckney of South Carolina during the Constitutional Convention of 1787. Notably, the words "slave" and "slavery" are not mentioned in the clause. Instead, it refers to a "Person held to Service or Labour in one State, under the Laws thereof".

The Fugitive Slave Clause was a compromise between the free states of the North and the slave states of the South. By the late 18th century, many Northern states had outlawed slavery, while it remained a way of life in the American South. The clause gave slaveholders the constitutional right to reclaim their "property" from another state. This right was enforced through the Fugitive Slave Act of 1793, which was strengthened in 1850.

Despite its constitutional authority, resistance to the Fugitive Slave Clause's enforcement grew in the North during the 19th century. Several Northern states enacted personal liberty laws to protect free Black residents from kidnapping and provide safeguards for accused fugitives. This resistance reflected the deepening divide between the North and the South over the issue of slavery.

The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment to the United States Constitution, which abolished slavery "except as a punishment for crime". While the clause is now mostly irrelevant, it has been noted that people can still be held to service or labour under limited circumstances.

The Founding Fathers' views

James Madison, often referred to as the "Father of the Constitution," attacked slavery early in the Constitutional 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, also spoke out against slavery, fearing that it would bring "the judgment of heaven on a country." Similarly, Luther Martin of Maryland, a slaveholder himself, argued that the slave trade was inconsistent with America's republican ideals and dishonored the American character.

However, the Founding Fathers were also concerned about maintaining political unity and ensuring the support of southern delegates for a strong central government. They believed that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. This led to compromises and euphemisms in the Constitution that protected slaveholding interests. For example, the Three-Fifths Clause counted three-fifths of a state's slave population when apportioning representation, giving the South more power in the House of Representatives and the Electoral College. The Constitution also included a 20-year ban on any restrictions on the Atlantic slave trade and the Fugitive Slave Clause, requiring the return of runaway slaves to their owners.

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The impact of the Constitution

The Three-Fifths Clause, included in Article I, Section 2 of the Constitution, is often cited as an example of a pro-slavery provision. This clause counted three-fifths of a state's slave population when apportioning representation, giving the South, with its large slave population, extra representation in the House of Representatives and the Electoral College. This clause had significant political implications, as it gave Southern states more influence in Congress and impacted elections, such as the 1800 election, which Thomas Jefferson may have lost without the Three-fifths Compromise.

Another clause, the Fugitive Slave Clause (Article IV, Section 2), required the return of runaway slaves to their owners. This clause was the subject of controversy and legal battles, with some states passing laws to prevent the return of fugitive slaves, only to be overruled by the Supreme Court, as in the case of Prigg v. Pennsylvania. The Migration or Importation Clause (Article I, Section 9) is also relevant to slavery, as it allowed Congress to end the importation of slaves from Africa after 1808.

However, the Constitution's impact on slavery was complex. While it included protections for slavery, it also created a strong central government with the potential to abolish the institution. The Fifth Amendment, for example, declared that "no person" could be deprived of life, liberty, or property without due process, a principle that could be used to challenge slavery. Additionally, some of the framers of the Constitution were forward-thinking and optimistic about the eventual abolition of slavery, even if they prioritized political unity over immediate abolition.

In conclusion, the Constitution's impact on slavery was multifaceted. It included provisions that protected the institution of slavery and the rights of slaveholders, but it also established a central government with the authority to regulate and eventually abolish slavery. The Constitution's legacy in this regard is a subject of ongoing interpretation and debate, reflecting the complex and contradictory nature of American society's relationship with slavery during this period.

The road to abolition

The US Constitution, drafted in 1787, included several clauses that protected the institution of slavery. These included the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving Southern states with large slave populations greater representation in the House of Representatives and the Electoral College. The Constitution also included a ban on Congress ending the slave trade for 20 years and the Fugitive Slave Clause, which required runaway slaves to be returned to their owners. The framers of the Constitution deliberately avoided using the words "slave" or "slavery", reflecting their moral qualms about the institution. Many of them believed that slavery contradicted the natural rights of all and was inconsistent with the country's republican ideals.

The controversy over slavery continued in the following decades, with anti-slavery petitions reaching Congress in the mid-1800s. Vermont abolished slavery in 1777, less than a year after the Declaration of Independence, and Pennsylvania became the first state to pass an act for the gradual abolition of slavery. In 1790, Benjamin Franklin sent a letter to Vice President John Adams, enclosing a petition from the Pennsylvania Society for Promoting the Abolition of Slavery.

In 1808, the Migration or Importation Clause allowed Congress to end the importation of slaves from Africa. However, the issue of slavery remained a contentious topic, with Southern states resisting attempts to restrict the slave trade. In 1836, the Boston Female Anti-Slavery Society appealed to the women of Massachusetts to unite in opposing slavery, specifically targeting its abolition in the nation's capital, the District of Columbia.

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