The Case Against Slavery: Constitutional Arguments For Freedom

The topic of slavery and its legality according to the US Constitution has been a subject of debate and controversy. The Constitution, drafted in 1787, did not explicitly mention slavery in its provisions, instead using terms like the Importation of Persons Clause and the Three-Fifths Clause, which referred to the practice without directly naming it. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates, who considered it essential to their economy. This compromise, however, laid the groundwork for future conflicts, as slavery directly contradicted the Declaration of Independence's assertion that all men are created equal. While some argued that the Constitution was pro-slavery, others, like Frederick Douglass, believed it looked towards abolition. The Thirteenth Amendment, ratified in 1865, marked the official abolition of slavery, and the Supreme Court's interpretation of the Constitution played a significant role in shaping the legal landscape surrounding this issue.

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The Founding Fathers' Intentions

The Founding Fathers of the United States did not have a unified stance on slavery. While some Founding Fathers were morally opposed to slavery, others attempted to end it in several colonies, and some even owned slaves.

Some scholars argue that the Founding Fathers were not responsible for introducing slavery to America, as it had been introduced to the continent nearly two centuries before the Founding Fathers. However, it is important to note that slavery was a major component of the economy and society in the United States at the time the Constitution was drafted in 1787. The Founding Fathers made efforts to contain slavery, and the Constitution reflected a compromise between the Northern and Southern states, which was essential for the ratification of the Constitution and the formation of the Union.

The ""Father of the Constitution", James Madison, criticised 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."

Other Founding Fathers, such as George Mason, feared that slavery would bring "the judgment of heaven on a country". At the Constitutional Convention, Gouverneur Morris called slavery a "nefarious institution". Many of the Founding Fathers who had owned slaves as British citizens released them in the years following America's separation from Great Britain, including George Washington, John Dickinson, Caesar Rodney, William Livingston, and George Wythe.

The Founding Fathers' views on slavery must be considered within the context of their time. While they may not have been able to address the issue of slavery fully, they laid the groundwork for the eventual abolition of slavery in the United States.

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, since 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.

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 states that a "Person held to Service or Labour" who escapes to another state must be returned to their master in the state from which they fled. The clause was adopted at the Constitutional Convention of 1787 and remained in effect until the abolition of slavery under the Thirteenth Amendment.

The Fugitive Slave Clause gave slave owners the right to reclaim their "property" from another state. This right was enforced by the Fugitive Slave Act of 1793, which made it a legal requirement to return escaped slaves to their owners. The enforcement provisions of this Act were strengthened in 1850, making the federal government responsible for finding, returning, and trying escaped slaves.

The Fugitive Slave Clause did not explicitly mention the word "slave", instead referring to "service or labour". Historian Donald Fehrenbacher believes that this was a deliberate choice to make it clear that slavery existed only under state law, not federal law. However, the Supreme Court interpreted the Clause as giving slave owners the right to seize and repossess their slaves in another state, as long as it was permitted by the local laws of their own state.

The Fugitive Slave Clause was a compromise made during the Constitutional Convention, as slavery was a divisive issue between the Northern and Southern states. While the Northern states did not allow slavery, it was a way of life in the American South. The Clause allowed for the continuation of slavery in the South while also recognising the right of states to choose whether or not to legalise the practice.

The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment, which abolished slavery and involuntary servitude. This rendered the Clause mostly irrelevant, as it was no longer enforceable.

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The Slave Trade Clause

When the Constitution was drafted in 1787, slavery was a significant component of the economy and society in the United States. The Slave Trade Clause prohibited the federal government from restricting the importation of "persons" until 1808, without explicitly mentioning slavery or slaves. This clause was a compromise between the Northern and Southern states, with the Southern states relying heavily on slavery economically.

During the 20-year period between the adoption of the Constitution and 1808, support for the abolition of the slave trade and slavery itself grew in the United States and internationally. Congress passed statutes regulating the slave trade in the 1790s, and in 1800, an act was passed prohibiting Americans from engaging in the slave trade between nations.

While the Slave Trade Clause did not directly address the abolition of slavery, it set a precedent for restricting the slave trade and reflected a compromise between differing state interests. The ultimate abolition of slavery in the United States was achieved through the Thirteenth Amendment, which banned chattel slavery and declared it illegal within the country and its territories.

The Thirteenth Amendment

Despite these objections, slavery was a major component of the economy and society in the United States at the time the Constitution was drafted in 1787. As a result, the framers made concessions on slavery to gain the support of southern delegates for a strong central government. They agreed to sidestep the issue of slavery, leaving it to be regulated by individual states. This compromise, however, was unsustainable and laid the foundation for future conflict, including the Civil War.

In the years leading up to the Thirteenth Amendment, support for the abolition of slavery grew, and in 1808, the importation of slaves was prohibited by federal law. During the American Civil War, President Abraham Lincoln issued the Emancipation Proclamation in 1862, freeing all 3.5 million African American slaves in the secessionist Southern states. Lincoln, however, did not live to see the ratification of the Thirteenth Amendment as he was assassinated just days after the war ended. It was his vice president, Andrew Johnson, who became president and oversaw the amendment's ratification.

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