Simone Lawson
The original US Constitution, adopted in Philadelphia in September 1787, addressed the issue of slavery in several ways but never mentioned the word itself. The three most direct examples of this were the so-called three-fifths clause, the African slave trade clause, and the fugitive slave clause. The three-fifths clause counted three-fifths of each state's slave population towards that state's total population for the purpose of apportioning the House of Representatives, giving the Southern states more power in the House and in the Electoral College. The African slave trade clause prohibited Congress from banning the importation of slaves until 1808. The issue of slavery may have played a role in the omission of a bill of rights in the original version of the Constitution. While some members of the Constitutional Convention voiced objections to slavery, others claimed that the document was pro-slavery.
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What You'll Learn
The Three-Fifths Clause
Slaveholding states wanted their entire population to be considered when determining the number of Representatives they could send to Congress. On the other hand, free states wanted to exclude the slave population from the count since slaves had no voting rights. The Three-Fifths Compromise was reached to resolve this dispute. It stated that three-fifths of each state's slave population would be counted towards that state's total population for the purpose of apportioning the House of Representatives. This gave the Southern states more representation in the House compared to the Northern states.
The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney of South Carolina. The Convention initially rejected the proposal but eventually accepted it, along with the principle that representation in the House of Representatives would be proportional to the relative state populations. It's important to note that the words "slave" and "slavery" do not appear in the Three-Fifths Clause or anywhere in the unamended Constitution. Instead, the clause refers to “all other persons” when counting three-fifths of the enslaved population.
The Three-Fifths Compromise was a contentious issue, with opponents on both sides. Northern opponents pointed out that the slaveholding states gained more representatives than if only the free white population had been considered. The compromise gave the slaveholding states disproportionate influence in national politics, including the Presidency, the Speakership of the House of Representatives, and the U.S. Supreme Court. Despite the compromise, the Constitution also included provisions that prohibited slavery in the Northwest Territories and ended U.S. participation in the international slave trade in 1807.
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The Slave Trade Clause
> The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
This clause allowed the slave trade to continue until 1808, 20 years after the Constitution was adopted, and forbade the US Congress from ever taxing or prohibiting it. It also allowed for a tax or duty to be imposed on the importation of slaves, not exceeding $10 per person.
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The Fugitive Slave Clause
> 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.
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The role of federalism
The Constitution of 1787 addressed the issue of slavery in several ways, but the word "slave" was never mentioned. The document included the Three-Fifths Clause, which counted three-fifths of each state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and the Electoral College. The Constitution also included the Fugitive Slave Clause, which required runaway slaves to be returned to their owners, and the Slave Importation Clause, which gave the federal government the right to regulate, tax, and ban slave importation after 1808.
The Constitutional Convention of 1787 recognised the existence of slavery as a powerful sectional interest and granted slaveholders important privileges. While some members voiced objections to slavery, the final document protected the institution and allowed for its expansion. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government.
The Constitution gave the federal government the authority to take action against slavery when it fell outside the purview of individual states. For example, the 1787 Northwest Ordinance prohibited slavery in the territories that would become Ohio, Indiana, and Illinois, demonstrating the willingness of national politicians to limit slavery's western expansion.
Overall, the Constitution of 1787 reflected the division between the North and South regarding slavery and the desire of southern states to protect the institution within their borders. The federal government was given some powers to act against slavery, but the issue remained largely in the domain of state-level politics.
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The founding fathers' legacy
The legacy of the Founding Fathers with regard to slavery is a complex and contentious issue. The original US Constitution, adopted in 1787, addressed slavery in several ways, but never used the word itself. This avoidance of direct language was a deliberate choice by the framers, many of whom owned slaves or came from slave-owning families. The Constitution included the Three-Fifths Clause, which counted three-fifths of each state's slave population towards its total population for representation purposes, giving Southern states more power in the House of Representatives and the Electoral College. It also included the Slave Trade Clause, which prohibited Congress from banning the importation of slaves until 1808, and the Fugitive Slave Clause, which allowed slave owners to reclaim escaped slaves from other states. These clauses have been interpreted as pro-slavery, protecting and perpetuating the institution of slavery.
However, some argue that the Constitution also contained an anti-slavery sentiment. It created a central government with the power to eventually abolish slavery, and several Northern states used this power to abolish slavery within their borders. The framers of the Constitution had differing views on slavery, with some voicing objections to the institution. Benjamin Franklin and Alexander Hamilton, for example, became members of anti-slavery societies. The issue of slavery was a contentious one during the Constitutional Convention, and the framers' compromise on the issue allowed for the creation of a unified nation.
The legacy of the Founding Fathers regarding slavery is thus a mixed one. While the Constitution included provisions that protected slavery, it also laid the groundwork for its eventual abolition. The Founding Fathers' legacy is one of both compromise and contradiction, reflecting the complex and evolving nature of American democracy. Their efforts to balance competing interests and create a unified nation resulted in a document that, while flawed, provided a foundation for future generations to build upon and strive towards a more perfect union.
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Frequently asked questions
The Three-Fifths Clause counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This gave the Southern states more power in the House and in the Electoral College.
The Fugitive Slave Clause stated that a person held to service or labour in one state, under the laws thereof, escaping into another, shall not be discharged from such service or labour but shall be delivered up on claim.
The Constitution of 1787 addressed the issue of slavery in several ways but never mentioned the word itself. It included the Three-Fifths Clause, the Slave Trade Clause, and the Fugitive Slave Clause.
This is a matter of debate. Abolitionist William Lloyd Garrison claimed the Constitution was pro-slavery, while others argue that it created a central government powerful enough to eventually abolish slavery.
No, it did not. This was likely due to the issue of slavery, as including a bill of rights would have required choosing between rival formulations from the Northern and Southern states, risking conflict and preventing an agreement on the Constitution.
