Simone Lawson
The US Constitution, drafted in 1787, had a complex relationship with slavery. While the word slavery was not explicitly mentioned in the document, several clauses directly or indirectly addressed the issue. The Three-Fifths Clause, for instance, counted three-fifths of a state's slave population when apportioning representation, giving Southern states more power 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. Interestingly, the framers of the Constitution consciously avoided using the word slave, referring to them as persons instead. The controversy over the Atlantic slave trade was settled by a compromise: the southern delegates agreed to a 20-year ban on any restrictions on the trade, after which Congress could regulate it. This compromise, along with other concessions on slavery, ensured support for a strong central government from southern delegates.
| Characteristics | Values |
|---|---|
| Avoiding the use of the word "slavery" | The word "slave" does not appear in the Constitution. The framers consciously avoided the word, recognizing that it would sully the document. |
| Compromise | The controversy over the Atlantic slave trade was 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. |
| Fugitive slave clause | The Constitution included a fugitive slave clause, requiring the return of runaway slaves to their owners. |
| Three-fifths clause | The Three-fifths Compromise gave the South extra representation in the House of Representatives and extra votes in the Electoral College. |
| Ban on Congress ending the slave trade | The Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years. |
| Slave insurrections | The Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections. |
| International pressure | There was international pressure on the United States to curb the slave trade, with the United Kingdom and other countries passing legislation restricting it. |
| Act Prohibiting Importation of Slaves | In 1807, an act was passed prohibiting the importation of slaves into the United States, with heavy penalties for international traders. |
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What You'll Learn
- The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years
- The Three-Fifths Compromise gave the South extra representation
- The Fugitive Slave Clause required the return of runaway slaves
- The Constitution gave federal power to put down slave rebellions
- The Constitution avoided the words slave and slavery
The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years
The US Constitution, drafted in 1787, prohibited Congress from outlawing the Atlantic slave trade for 20 years. This was a compromise between Northern and Southern states, which was essential for the Constitution's ratification and the formation of the Union. The Southern states wanted to protect their slave-based economy, while many of the framers of the Constitution had moral qualms about slavery.
The Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. This was a concession to the Southern states, without which they would have refused to join the Union. The framers of the Constitution believed that this compromise was a price worth paying for the support of southern delegates for a strong central government.
The word "slave" does not appear in the Constitution, as the framers consciously avoided it, recognising that it would sully the document. Instead, the Constitution obliquely referred to slaves as "persons". 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 insurrection clause.
In 1807, Congress passed the Act Prohibiting Importation of Slaves, which took effect on January 1, 1808, the earliest date permitted by the Constitution. This legislation was promoted by President Thomas Jefferson, who had called for its enactment in his 1806 State of the Union Address. The Act made it illegal for Americans to engage in the slave trade between nations, and gave US authorities the right to seize slave ships and confiscate their cargo. However, it did not end slavery itself, nor the domestic sale of slaves, and the interstate sale of slaves remained legal.
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The Three-Fifths Compromise gave the South extra representation
The Three-Fifths Compromise was a compromise agreement between delegates from the Northern and Southern states at the 1787 United States Constitutional Convention. It was proposed by delegate James Wilson and seconded by Charles Pinckney. The agreement stated that three-fifths of the enslaved population would be considered when determining direct taxation and representation in the House of Representatives. This gave the Southern states more power in the House relative to the Northern states.
The Three-Fifths Compromise came about as a result of a contentious debate between Northern and Southern delegates. The Southern delegates threatened to abandon the convention if enslaved individuals were not counted, while the Northern delegates argued that only voters should be accounted for. The compromise that was agreed upon counted "all other persons" as only three-fifths of their actual numbers, reducing the representation of the slave states relative to the original proposals but improving it over the Northern position.
The Three-Fifths Compromise had significant implications for the representation of the Southern states in the House of Representatives. It effectively gave them extra representation in the House and extra votes in the Electoral College. This was because the number of seats in the House of Representatives and the number of electoral votes each state would be allocated were determined by the state's total population. By counting three-fifths of each state's slave population towards the total population, the Southern states gained an advantage in terms of representation and voting power.
The Three-Fifths Compromise also had financial implications for the Southern states. Taxation was tied to the same ratio as representation, so the burden of taxation on the slave states was reduced. This was an inducement for the slave states to accept the compromise. Overall, the Three-Fifths Compromise gave the South extra representation and influence in the political and economic landscape of the United States at the time.
The Three-Fifths Compromise was a controversial aspect of the Constitution, and it is often criticised as a concession to the South that strengthened slavery. The word "slave" does not appear in the Constitution, and the framers consciously avoided using it. Instead, the Three-Fifths Compromise is referred to as the "notorious three-fifths clause". The Compromise was a result of the deep tension between the practice of slavery and the notion in the Declaration of Independence that "all men are created equal". While the Compromise was essential to the formation of the Union, it was ultimately unsustainable, as demonstrated by the Civil War.
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The Fugitive Slave Clause required the return of runaway slaves
The US Constitution, drafted in 1787, did not use the word "slavery" in its provisions, despite the fact that slavery was a major component of the economy and society in the United States at the time. Instead, the drafters included a Fugitive Slave Clause, which required the return of runaway slaves to their owners. This clause was included in the Constitution to address the concerns of Southern politicians, who were worried that the newly formed free states in the North would become safe havens for runaway slaves.
The Fugitive Slave Clause, also known as Article 4, Section 2, Clause 3, stated that "no person held to service or labor" would be released from bondage if they escaped to a free state. This was enacted as a federal law in the Fugitive Slave Acts of 1793 and 1850, which allowed for the capture and return of runaway enslaved people within the United States. The Fugitive Slave Act of 1793 authorized local governments to seize and return escapees to their owners and imposed penalties on anyone who aided in their flight.
The Fugitive Slave Act of 1850 added more provisions regarding runaways and levied even harsher punishments for interfering in their capture. It required that all escaped slaves, upon capture, be returned to their owners and that officials and citizens of free states cooperate in this process. This Act was one of the factors that led to the start of the American Civil War. It was also among the most controversial laws of the early 19th century, with many Northerners arguing that it was tantamount to legalized kidnapping.
The Fugitive Slave Clause and the subsequent Fugitive Slave Acts reflected a compromise between Northern and Southern states that was essential to the formation of the Union. However, this compromise was ultimately unsustainable, as demonstrated by the Civil War.
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The Constitution gave federal power to put down slave rebellions
The US Constitution, drafted in 1787, was a compromise between Northern and Southern states. The Southern states, which relied heavily on slavery as a component of their economy, threatened to refuse to join the Union if the Constitution restricted the slave trade. Thus, the framers of the Constitution avoided using the word "slavery" and made concessions to the South, including the Three-Fifths Compromise and the Fugitive Slave Clause.
The Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3 of the Constitution, counted three-fifths of a state's slave population in apportioning representation. This gave Southern states with large slave populations extra representation in the House of Representatives and more electoral votes in the Electoral College. This compromise was based on the economic value that enslaved people contributed to a state, not on any belief that they were less than human.
The Fugitive Slave Clause, located in Article IV, Section 2, required the return of runaway slaves to their owners. This clause further asserted that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state. This clause was enforced by the federal government and additional fugitive slave laws were passed in the 19th century.
The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years after its ratification. This compromise allowed the Southern states to continue the slave trade until 1808, while the federal government gained the power to make laws requiring American ships to be used in all commerce, benefiting the Northeast.
The Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections. This was a concern of slaveholders, who worried about the potential for slave revolts and wanted federal support in suppressing them. The federal government's power to put down slave rebellions meant that Federal troops could be sent to fight against enslaved people seeking freedom through violent means.
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The Constitution avoided the words slave and slavery
The US Constitution, drafted in 1787, did not use the words "slave" or "slavery" in its provisions that most directly responded to the practice. Instead, it included the "Importation of Persons Clause" in Article 1, Section 9, Clause 1, which did not specify who the "persons" were that might be "imported". The Constitution also included four clauses that indirectly addressed slavery and the slave trade without explicitly mentioning those terms.
The framers of the Constitution consciously avoided the use of the words "slave" and "slavery". They believed that slavery was morally wrong and would eventually die out, and they did not want a permanent moral stain on the document. Some historians argue that the drafters did not want to suggest that slavery was recognised under federal law, but rather existed as a result of state laws. The framers may also have been embarrassed by the institution of slavery, as it contradicted the Declaration of Independence's assertion that "all men are created equal".
Despite avoiding the words "slave" and "slavery", the Constitution included several clauses that related to slavery and the slave trade. The Three-Fifths Clause counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The fugitive slave clause required the return of runaway slaves to their owners, and the Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections. Additionally, the Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years, until 1808.
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. This compromise temporarily strengthened slavery but also created a central government powerful enough to eventually abolish the institution.
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Frequently asked questions
The US Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years. This was a compromise between northern and southern states, with the southern states agreeing to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels.
No, the Constitution never used the words "slave" or "slavery". The Framers consciously avoided the word, recognising that it would sully the document. Instead, the Constitution obliquely referred to slaves as "persons".
The Three-Fifths Clause was one of four clauses in the Constitution that indirectly addressed slavery and the slave trade. It counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Fugitive Slave Clause was another clause in the Constitution that required the return of runaway slaves to their owners.
