Eleanor Finch
The original US Constitution, drafted in 1787, did not explicitly forbid slavery. While the Founding Fathers and Framers of the Constitution were divided on the issue, many owned slaves and the Southern states relied on slave labour for their economies. The Constitution included several clauses that protected slavery, such as the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, and the Fugitive Slave Clause, which stated that escaped slaves must be returned to their owners. The 13th Amendment to the Constitution, passed in 1865, finally abolished slavery in the US, though it did not end the exploitation of prison labour.
| Characteristics | Values |
|---|---|
| Slavery was not forbidden by the Constitution | - |
| The word "slave" does not appear in the Constitution | The framers consciously avoided the word, recognising that it would sully the document |
| The Slave Trade Clause | Article 1, Section 9, Clause 1, is one of a handful of provisions in the original Constitution related to slavery, though it does not use the word "slave" |
| The Three-Fifths Clause | Article 1, Section 2, Paragraph 3, provides that apportionment of representatives would be based on the population of free persons excluding "Indians not taxed" and "three-fifths of all other persons" (i.e., slaves) |
| The Fugitive Slave Clause | Article IV, Section 2, Clause 2, provides 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" |
| The 13th Amendment | Passed by Congress on January 31, 1865, and ratified on December 6, 1865, the 13th Amendment abolished slavery in the United States, except as punishment for a crime |
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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 a compromise reached during the 1787 United States Constitutional Convention regarding 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.
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, on the other hand, wanted to exclude the counting of slave populations in slave states, as those slaves had no voting rights. The compromise struck was to count 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 relative to the Northern states.
The three-fifths ratio was proposed by James Madison, who explained his reasoning in Federalist No. 54, "The Apportionment of Members Among the States". Madison argued that slaves were not merely property but were also persons and that representation should relate more immediately to persons, while taxation relates more immediately to property.
The Three-Fifths Compromise was part of Article 1, Section 2, Clause 3 of the United States Constitution. It stated that "Representatives and direct Taxes shall be apportioned among the several States... according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons... and excluding Indians not taxed, three-fifths of all other Persons." The "other Persons" referred to slaves.
In 1868, Section 2 of the Fourteenth Amendment superseded Article 1, Section 2, Clause 3 and explicitly repealed the Three-Fifths Compromise. It provided that "representatives shall be apportioned... counting the whole number of persons in each State, excluding Indians not taxed."
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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. It requires 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 exact wording of the clause is as follows:
> "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."
It is notable that, similar to other references to slavery in the Constitution, the words "slave" and "slavery" are not used in this clause. Instead, the phrase "held to Service or Labour" is used to describe the status of enslaved people.
The Fugitive Slave Clause was a compromise between the Northern and Southern states, which had differing attitudes towards slavery. By the late 19th century, most Northern states had abolished slavery, while it remained a way of life in the South. The clause gave constitutional legitimacy to the practice of slavery and the right of slaveholders to reclaim their "property". However, modern legal scholars debate the true extent of the clause's endorsement of slavery, with some arguing that its vague wording was a political compromise that avoided overtly validating slavery at the federal level.
In the 19th century, resistance to the enforcement of the Fugitive Slave Clause increased, particularly after the enactment of the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect free Black residents from kidnapping and provide procedural safeguards for accused fugitives. Legal challenges ensued, with the Supreme Court reinforcing federal supremacy in cases such as Ableman v. Booth (1859). However, the Fugitive Slave Clause was ultimately rendered obsolete by the Thirteenth Amendment, which abolished slavery and involuntary servitude.
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The 13th Amendment
The road to the 13th Amendment was not without obstacles. While some of the Founding Fathers criticized slavery and worked towards building a republic that protected the equal rights of all Americans, slavery was deeply entrenched in the economy and society of the United States at the time of the Constitution's drafting in 1787. The three-fifths clause in Article 1, Section 2, Paragraph 3 of the original Constitution gave extra representation in the House of Representatives and the Electoral College to Southern states with a large slave population. Additionally, the Fugitive Slave Clause in Article IV, Section 2, Clause 2, ensured that escaped slaves would be returned to their owners.
Despite the passage of the 13th Amendment, the negative legacy of slavery continued to impact the lives of African Americans. The Black Codes in the South criminalized "vagrancy," which was often enforced against freed slaves. Later, convict lease programs allowed local plantations to rent inexpensive prisoner labor, leading to systems that resembled slavery. While some of these programs have been phased out, prison labor in various forms continues to exist in the United States, sparking debates about exploitation and fairness.
In conclusion, the 13th Amendment to the US Constitution represented a significant step towards abolishing slavery and involuntary servitude within the nation. However, the amendment's exception for punishment as a result of conviction has led to ongoing debates about the exploitation of prison labor and the need for further reforms to address the systemic injustices faced by African Americans.
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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 was a compromise between the northern and southern states during the Constitutional Convention in 1787. The southern states, including South Carolina, Georgia, and North Carolina, refused to join the Union without guarantees for the continuation of slavery. As a result, the framers of the Constitution included the Slave Trade Clause, which prohibited Congress from banning the importation of enslaved people for 20 years until 1808. This compromise ensured that all states present at the Convention would sign the Constitution.
The inclusion of the Slave Trade Clause in the Constitution has been a subject of controversy and criticism. Many members of the Constitutional Convention, including Luther Martin, George Mason, and James Madison, opposed the slave trade on moral grounds. Martin argued that the slave trade was "inconsistent with the principles of the Revolution, and dishonorable to the American character". Despite their objections, the Slave Trade Clause was included to accommodate the southern states, laying the foundation for future conflicts over slavery.
Today, the Slave Trade Clause is no longer constitutionally relevant as it expired in 1808. However, its presence in the Constitution continues to have cultural and political significance. The debate over the clause and its interpretation highlights the complex history of slavery in the United States and the challenges faced by the framers of the Constitution in balancing moral principles with political realities.
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Abolition of slavery
The 13th Amendment to the United States Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. The 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."
The road to the abolition of slavery in the United States was long and complex. When the Constitution was drafted in 1787, slavery was a major component of the economy and society in the United States. While the Founding Fathers and framers of the Constitution criticized slavery and believed it contradicted the natural rights of all, they also believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. As a result, the Constitution included several provisions related to slavery, such as the Three-Fifths Clause, which counted three-fifths of a state's slave population in apportioning representation, and the Fugitive Slave Clause, which allowed for the return of escaped slaves to their owners.
In the 1790s, Congress passed statutes regulating the slave trade, and international pressure mounted on the United States to curb the practice. In 1806, President Thomas Jefferson anticipated the upcoming expiration of the 20-year period during which the federal government could not prohibit the importation of slaves. In 1808, the clause expired, and the federal government gained the authority to prohibit the slave trade.
In the mid-19th century, the issue of slavery became a point of contention between the northern and southern states, with the former largely opposing slavery and the latter relying on it economically. In 1854, abolitionist William Lloyd Garrison burned the Constitution, calling it "a covenant with death and an agreement with Hell." Abraham Lincoln, who became president in 1860, believed that the Constitution put slavery "in the course of ultimate extinction." In 1863, he issued the Emancipation Proclamation, declaring all persons held as slaves in rebelling states to be "forever free." However, this proclamation did not end slavery nationwide, and Lincoln recognized the need for a constitutional amendment to guarantee the abolishment of slavery.
Lincoln made the passage of the 13th Amendment his top priority after winning reelection in 1864. The amendment faced opposition in Congress, but with popular support for abolition growing, it eventually passed in both the Senate and the House. On February 1, 1865, Lincoln approved the Joint Resolution of Congress submitting the proposed amendment to the state legislatures. By December 6, 1865, the necessary number of states had ratified the amendment, officially abolishing slavery in the United States.
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Frequently asked questions
No, but it also didn't forbid it. The Constitution included the Three-Fifths Clause, which counted three-fifths of a state’s slave population in apportioning representation, giving Southern states with a large slave population extra representation in the House of Representatives and extra votes in the Electoral College. The Slave Trade Clause also prohibited the federal government from limiting the importation of "persons" where state governments allowed it, until 20 years after the Constitution took effect.
Yes, the 13th Amendment to the US Constitution, passed in 1865, abolished slavery. It 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."
No, various commentators have accused states of exploiting prison labour in a manner that resembles slavery. The Black Codes in the South criminalized "vagrancy", which was largely enforced against freed slaves, and convict lease programs allowed local plantations to rent inexpensive prisoner labour.
