Omar Bennett
The United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words slave or slavery within its text. However, it directly dealt with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. The Constitution protected slavery by increasing political representation for slave owners and slave states, limiting congressional power to regulate the international slave trade, and protecting the rights of slave owners to recapture their escaped slaves.
| Characteristics | Values |
|---|---|
| Slave import limitation | Article I, Section 9, prohibited Congress from regulating the international slave trade until 1808 |
| Fugitive Slave Clause | Article IV, Section 2, guaranteed nationally, for the first time, the right of slave owners to pursue and reclaim their slaves anywhere throughout the land |
| Three-fifths Compromise | Article 1, Section 2, provided that, for purposes of representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of white inhabitants of that state |
| Apportionment Clause | Article I, Section 2, added three-fifths of "all other Persons" (i.e. slaves) to the number of free inhabitants of a state for purposes of representation |
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What You'll Learn
Slave import limitation
The slave import limitation was a feature of the US Constitution that protected slavery. Article I, Section 9, prohibited Congress from regulating the international slave trade until 1808, 21 years after the ratification of the Constitution. This meant that Congress was unable to ban the importation of slaves for over two decades after the Constitution was ratified.
Article V of the Constitution explicitly forbade amending the slave import limitation. This was one of only two such forbidden matters in the whole document. This meant that the slave import limitation could not be repealed or altered in any way until 1808.
The slave import limitation was a significant protection for slavery, as it ensured that the international slave trade could continue unimpeded by congressional regulation for a significant period. This allowed slave owners and traders to continue importing slaves from other countries, maintaining a steady supply of enslaved people to fuel the American economy.
The slave import limitation also had political implications. By prohibiting Congress from regulating the slave trade, it effectively gave slave owners and slave states more political power. This was because the importation of slaves increased the population of enslaved people in a state, which, according to the Three-Fifths Compromise, was used to determine representation in Congress. As such, the slave import limitation contributed to the political representation and influence of slaveholding states.
The slave import limitation was a controversial aspect of the Constitution, as it directly contradicted the ideals of freedom and equality espoused by the founding fathers. It also highlighted the hypocrisy of a nation founded on the principles of liberty and democracy while simultaneously protecting and perpetuating the institution of slavery.
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Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, was Article IV, Section 2, Clause 3 of the United States Constitution. It required a "Person held to Service or Labour" (usually a slave, apprentice, or indentured servant) who fled to another state to be returned to their master in the state from which they escaped. The clause stated that:
> 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.
The Fugitive Slave Clause was included in the Constitution due to pressure from Southern politicians, who were concerned that new free states would become safe havens for runaways. Despite the inclusion of the clause, anti-slavery sentiment remained high in the North throughout the late 1780s and early 1790s, and many petitioned Congress to abolish slavery outright.
Congress passed the Fugitive Slave Act of 1793, which was similar to the Fugitive Slave Clause but included a more detailed description of how the law was to be put into practice. The Fugitive Slave Act of 1850 expanded the number of federal officials empowered to act in fugitive-slave cases. By this time, public opinion, at least in antislavery areas such as Boston, had turned against such laws. The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts.
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Three-fifths Compromise
The Three-fifths Compromise was one of the most important features of the US Constitution that protected slavery. The Three-fifths Compromise, also known as the Three-fifths Clause, was included in Article 1, Section 2 of the Constitution. This clause stated that, for the purposes of representation in Congress, enslaved Black people in a state would be counted as three-fifths of the number of white inhabitants of that state. This gave the Southern states, where slavery was prevalent, extra representation in the House of Representatives and extra votes in the Electoral College. This was significant because it gave slave owners more political power and ensured that their interests were protected at the national level.
The Three-fifths Compromise was a result of a compromise between the Northern and Southern states during the drafting of the Constitution. The Northern states, where slavery was less common, wanted to limit the political power of the Southern states, while the Southern states wanted to ensure that their slave population was counted for representation. The Three-fifths Compromise was a compromise that allowed the Southern states to count their slave population, but at a reduced rate.
The Three-fifths Compromise had a significant impact on the politics of the early United States. For example, Thomas Jefferson would have lost the election of 1800 if not for the Three-fifths Compromise. This compromise also contributed to the growing tensions between the North and the South, which eventually led to the Civil War.
It is important to note that the word "slave" does not appear in the Constitution. The framers of the Constitution consciously avoided using the word, recognising that it would tarnish the document. However, the Constitution did contain several provisions that protected slavery and promoted slave ownership. In addition to the Three-fifths Compromise, the Constitution prohibited Congress from banning the importation of slaves until 1808 and included a fugitive slave clause that required the return of escaped slaves to their owners.
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The Constitution's failure to use the word 'slave'
The Constitution of the United States, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery". However, it directly dealt with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document.
The Constitution's failure to use the word "slave" is a notable aspect of its approach to slavery. The framers consciously avoided the word, recognising that it would sully the document. Despite this, slavery received important protections in the Constitution. One of the most notorious provisions was the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. For example, Thomas Jefferson would have lost the election of 1800 if not for the Three-Fifths Compromise.
The Constitution also included a fugitive slave clause, which required that escaped slaves be returned to their owners. This was guaranteed nationally for the first time and protected the rights of slave owners to recapture their escaped slaves.
Additionally, the Constitution prohibited Congress from outlawing the international slave trade for 20 years. Article I, Section 9, prohibited Congress from regulating the transoceanic slave trade until 1808, 21 years after the ratification of the Constitution. Not only was Congress forbidden from regulating the slave trade, but Article V explicitly forbade amending this provision, one of only two such forbidden matters in the whole document.
The Constitution's failure to use the word "slave" is indicative of the framers' attempt to avoid directly addressing the issue of slavery. However, despite this omission, the Constitution provided significant protections for slavery and promoted slave ownership. The Constitution's provisions related to slavery ultimately contributed to the institution's endurance, and it took a Civil War and constitutional amendments to eliminate slavery.
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The Constitution's protection of the rights of slave owners
Although the words "slave" and "slavery" do not appear in the original United States Constitution, the document directly deals with American slavery in at least five of its provisions and indirectly protects the institution elsewhere.
Article 1, Section 9, prohibits Congress from banning the importation of slaves until 1808, and Article 5 prohibited this from being amended. Article 1, Section 2, provides that, for purposes of representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of free white inhabitants of that state. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. Thomas Jefferson would have lost the election of 1800 if not for the Three-fifths Compromise.
Article 4, Section 2, contains the “fugitive slave clause,” which required that an escaped slave be returned to his or her owner. The Constitution thus protected slavery by increasing political representation for slave owners and slave states; by limiting, stringently though temporarily, congressional power to regulate the international slave trade; and by protecting the rights of slave owners to recapture their escaped slaves.
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Frequently asked questions
The US Constitution protected slavery in several ways. Article 1, Section 9, prohibited Congress from banning the importation of slaves until 1808, and Article 5 prohibited this from being amended. Article 1, Section 2, provided that, for purposes of representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of free white inhabitants of that state. Article 4, Section 2, contains the “fugitive slave clause,” which required that an escaped slave be returned to their owner.
The fugitive slave clause, Article IV, Section 2, guaranteed nationally, for the first time, the right of slave owners to pursue and reclaim their slaves anywhere throughout the land.
The three-fifths clause, Article 1, Section 2, counted three-fifths of a state’s slave population in apportioning representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
No, the words "slave" and "slavery" do not appear in the Constitution. The framers consciously avoided the word, recognising that it would sully the document.
The Constitution protected slavery by increasing political representation for slave owners and slave states; by limiting, stringently though temporarily, congressional power to regulate the international slave trade; and by protecting the rights of slave owners to recapture their escaped slaves.
