Malcolm Rivera
The original United States Constitution did not contain the words slave or slavery within its text, but it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. The “Three-Fifths Clause” in Article I, Section 2, Paragraph 3, counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, giving Southern states more power. The “Fugitive Slave Clause” in Article IV, Section 2, Clause 2, stated that escaped slaves must be returned to their owners. The “Importation of Persons Clause” in Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of persons for 20 years after the Constitution took effect. The “Slave Trade Clause” in Article I, Section 9, Paragraph 1, prohibited Congress from banning the importation of slaves until 1808. The “Domestic Insurrections Clause” in Article I, Section 8, Paragraph 15, empowered Congress to call forth the Militia to suppress insurrections, including slave rebellions. These guidelines, along with others, reveal the complex and conflicted nature of the United States Constitution's stance on slavery.
| Characteristics | Values |
|---|---|
| Avoided using the words "slave" or "slavery" | "Importation of Persons Clause", Three-Fifths Clause, Fugitive Slave Clause |
| Protected slavery | Importation of Persons Clause, Three-Fifths Clause, Fugitive Slave Clause, Domestic Insurrections Clause, Slave Trade Clause |
| Concessions on slavery | Necessary for support of southern delegates for a strong central government |
| Abolition of slavery | Thirteenth Amendment passed in 1865 |
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What You'll Learn
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 over the inclusion of slaves in counting a state's total population. This count would determine the number of seats in the House of Representatives, the number of electoral votes each state would be allocated, and how much money the states would pay in taxes.
The Three-Fifths Compromise is part of Article 1, Section 2, Clause 3 of the United States Constitution. It states that "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons." The "other Persons" referred to the slaves. 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.
The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney. It was a compromise between the Southern states, where slavery was pivotal to the economy, and the Northern states, where the abolition of slavery had been accomplished or contemplated. The Southern states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress, while the Northern states wanted to exclude the counting of slave populations since those slaves had no voting rights.
The Three-Fifths Compromise was superseded and repealed by Section 2 of the Fourteenth Amendment in 1868.
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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. This clause 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 adopted at the Constitutional Convention of 1787, proposed by Pierce Butler and Charles Pinckney of South Carolina. Notably, the words "slave" and "slavery" are not mentioned in this clause. Instead, it refers to individuals held to service or labour.
The Fugitive Slave Clause gave constitutional legitimacy to slavery and the right of slaveholders to reclaim their "property". It states that a person held to service or labour in one state who escapes to another state shall not be discharged from such service due to the laws or regulations of the state they escaped to but shall be returned to their master. This clause was based on the idea that enslaved people were the property of their enslavers and that enslavers had the right to reclaim their "property".
The Fugitive Slave Clause was a compromise between the Northern and Southern states, as slavery was a divisive issue in the late 18th century. While many Northern states had abolished slavery, it was still prevalent in the American South. The clause allowed slaveholders from the South to retrieve their slaves who had escaped to free states in the North. This compromise was an attempt to balance the interests of both regions and maintain unity within the nation.
Despite its constitutional authority, resistance to the enforcement of the Fugitive Slave Clause grew in the North during the 19th century. Several Northern states enacted personal liberty laws to protect free Black residents from kidnapping and provide procedural safeguards for accused fugitives. The Supreme Court's interpretation of the clause, as seen in cases like Prigg v. Pennsylvania (1842) and Ableman v. Booth (1859), reinforced the rights of slaveholders and the federal government's role in capturing fugitive slaves. However, the subsequent passage of the Thirteenth Amendment, which abolished slavery except as punishment for criminal acts, rendered the Fugitive Slave Clause mostly irrelevant and unenforceable.
The debate around the Fugitive Slave Clause and its interpretation by the courts highlighted the contradictions within the founding document of the United States Constitution and the complex nature of the slavery debate in the nation's history.
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Slave Trade Clause
When the US Constitution was drafted in 1787, slavery was a major component of the economy and society in the United States. The word "slave" does not appear in the Constitution, with the framers consciously avoiding the word, recognising that it would sully the document. Nevertheless, slavery received important protections in the Constitution.
The Slave Trade Clause, or the Importation of Persons Clause, is found in Article 1, Section 9, Clause 1 of the US Constitution. This clause prohibited the federal government from limiting the importation of "persons" where existing state governments saw fit to allow it, until 20 years after the Constitution took effect. The clause does not mention exactly who the "persons" are that might be "imported". However, it was understood at the time to mean primarily enslaved African persons.
The Slave Trade Clause was a compromise between the Northern and Southern states, where slavery was pivotal to the economy, and states where the abolition of slavery had been accomplished or was contemplated. The framers believed that concessions on slavery were the price for the support of Southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, Southern states such as South Carolina and Georgia would refuse to join the Union.
The Slave Trade Clause expired in 1808, with the passing of the "Act Prohibiting the Importation of Slaves". This act imposed heavy penalties on international traders but did not end slavery itself nor the domestic sale of slaves.
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Abolition of slavery
The original United States Constitution did not contain the words "slave" or "slavery" within its text, but it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. The framers of the Constitution consciously avoided the word "slavery", recognising that it would sully the document.
The Three-Fifths Clause in Article I, Section 2, Clause 3, 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 Southern states more power in the House and the Electoral College. The Slave Trade Clause in Article I, Section 9, Paragraph 1, prohibited Congress from banning the importation of slaves until 1808. The Fugitive Slave Clause in Article IV, Section 2, Clause 2, ensured that escaped slaves would be returned to their legal owners. The Domestic Insurrections Clause in Article I, Section 8, Paragraph 15, empowered Congress to call forth the Militia to suppress insurrections, including slave rebellions. Article I, Section 9, Paragraph 5, prohibited federal taxes on exports, preventing an indirect tax on slavery by taxing the products of slave labour.
Despite these protections for slavery, the Constitution also laid the groundwork for its eventual abolition. The central government it created was powerful enough to end the institution, and popular support for abolition increased in the years following its adoption. During this time, Congress passed statutes regulating the trade in slaves, and international pressure also mounted as the United Kingdom and other countries restricted the slave trade. In 1806, President Thomas Jefferson anticipated the upcoming expiration of Article 1, Section 9, Clause 1, which prohibited Congress from banning the importation of slaves.
Slavery was ultimately abolished in the United States by the 13th Amendment, passed at the end of the Civil War in 1865. President Abraham Lincoln recognised that the Emancipation Proclamation would have to be followed by a constitutional amendment to guarantee the abolishment of slavery. The 13th Amendment states that "neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction".
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Framers' dilemma
The issue of slavery posed a significant dilemma for the framers of the US Constitution. On the one hand, many of the Founding Fathers, including James Madison, George Mason, and Gouverneur Morris, recognised slavery as a moral evil that contradicted the natural rights of all humans and was at odds with the principles of liberty and equality espoused by the new nation. They were aware that slavery was a contentious issue that could potentially derail the formation of a united country.
On the other hand, the framers also understood the economic importance of slavery to the Southern states, where it was pivotal to their economy. They believed that concessions on slavery were necessary to secure the support of southern delegates for a strong central government. The fear was that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. This tension between the moral and ideological opposition to slavery and the practical considerations of state unity created a delicate balancing act for the framers.
As a result, the framers chose to sidestep the issue of slavery rather than confront it head-on. While the Constitution did not explicitly mention "slavery" or "slaves", it included several provisions that indirectly protected the institution. For example, the Three-Fifths Clause, which counted three-fifths of each state's slave population towards its total population for representation purposes, gave Southern states with large slave populations greater representation in the House of Representatives and the Electoral College. Additionally, the Fugitive Slave Clause required the return of escaped slaves to their owners, and the Importation of Persons Clause allowed the importation of enslaved persons for 20 years after the Constitution took effect.
The framers' dilemma was further complicated by the differences between the Northern and Southern states' bills of rights. The Northern states used universal language affirming freedom and equality for all, while the Southern states employed restrictive language limiting rights to "freemen", thereby accommodating slavery. This discrepancy made it challenging to draft a bill of rights that would satisfy both regions.
In conclusion, the framers of the Constitution found themselves in a difficult position regarding slavery. While they may have personally opposed the institution, they prioritised national unity and compromise to avoid derailing the formation of a united country. Their decision to sidestep the issue, however, laid the foundation for future conflicts and contributed to the tragic consequences of slavery in American history.
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Frequently asked questions
The US Constitution did not contain the words "slave" or "slavery" within its text, but it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document.
The "Importation of Persons Clause" in Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of "persons" where state governments allowed it, until 20 years after the Constitution took effect. The "Three-Fifths Clause" in Article 1, Section 2, Paragraph 3, provided that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and "three-fifths of all other persons", referring to slaves. The "Fugitive Slave Clause" in Article IV, Section 2, Clause 2, stated that escaped slaves must be returned to their owners.
Article I, Section 8, Paragraph 15, empowered Congress to call forth the militia to suppress insurrections, including slave rebellions. Article I, Section 9, Paragraph 5, prohibited federal taxes on exports, preventing an indirect tax on slavery by taxing the products of slave labor.
Yes, abolitionist William Lloyd Garrison burned the document in 1854, calling it "a covenant with death and an agreement with Hell". Frederick Douglass also argued in 1860 that there were four provisions in the Constitution that were pro-slavery.
