Malcolm Rivera
The United States Constitution did not use the words slave or slavery prior to the Thirteenth Amendment, but it did include several provisions about unfree persons. The Three-Fifths Compromise, for example, allocated Congressional representation based on the whole Number of free Persons and three-fifths of all other Persons. While some members of the Constitutional Convention objected to slavery, the word slave was consciously avoided. The question of whether the Constitution was a pro-slavery document remains controversial.
| Characteristics | Values |
|---|---|
| The word "slave" in the Constitution | The word "slave" does not appear in the Constitution. |
| The number of delegates to the Constitutional Convention who owned slaves | 25 out of 55 |
| The Three-Fifths Compromise | Article I, Section 2, Clause 3 of the Constitution, allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". |
| The Slave Trade Clause | Article 1, Section 9, Clause 1. |
| Northwest Ordinance of 1787 | "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted." |
| Abolitionist views | Abolitionist William Lloyd Garrison called the Constitution "a covenant with death and an agreement with Hell" and burned it in 1854. |
| Founding Fathers' views | The Founding Fathers believed slavery contradicted the natural rights of all and denied the idea of consent in a republic. They criticized the institution severely. |
| Supreme Court Chief Justice Roger B. Taney's views | The prevailing idea at the time of the Declaration of Independence and Constitution was that African Americans "had no rights which the white man was bound to respect." |
| First African American on the Supreme Court, Thurgood Marshall's views | The Constitution was "defective from the start." |
| Abraham Lincoln's views | Lincoln contended that the American Founding and its Constitution put slavery "in the course of ultimate extinction." |
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What You'll Learn
The Three-Fifths Compromise
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 North. This compromise was struck to resolve the impasse between slaveholding and free states. The 3/5 ratio was proposed by James Madison and was first proposed to the Articles of Confederation on April 18, 1783. Madison explained the reasoning for the 3/5 ratio in Federalist No. 54, "The Apportionment of Members Among the States" (February 12, 1788). He argued that slaves were considered "in no respect whatever as persons" and that representation related more immediately to persons, while taxation related more immediately to property.
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The Founding Fathers' views
Many of the Founding Fathers, including George Washington, Thomas Jefferson, James Madison, and Benjamin Franklin, owned slaves. Washington's views evolved over time, and he expressed a desire to abolish slavery. However, he never took a public stand and only freed the slaves he owned in his will. Others, like John Laurens and Marquis de Lafayette, adamantly opposed slavery and urged Washington to work towards its abolition.
The Founding Fathers were born into a slaveholding society where the morality of owning slaves was rarely questioned. As the ideals of the Enlightenment spread and the American Revolution progressed, slavery became a controversial topic, highlighting regional and political divides. Some Founding Fathers, such as Gouverneur Morris, called slavery a "nefarious institution" and a "curse". During the Constitutional Convention in 1787, there were disagreements over slavery, but the Founders prioritised maintaining the unity of the new nation. They drafted constitutional clauses acknowledging regional differences while requiring compromises from all sections of the country.
The three-fifths clause, which counted three-fifths of a state's slave population for representation, gave the South more power in the House of Representatives and the Electoral College. While this temporarily strengthened slavery, it also created a central government with the potential to abolish it in the future. The Founding Fathers' views on slavery reflected the complexities and contradictions of their time. They recognised the immorality of slavery but struggled to reconcile it with their commitment to liberty and private property rights.
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The Fugitive Slave Law
The US Constitution did not use the words "slave" or "slavery" but included several provisions about unfree persons. The Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, allocated representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". This clause was a compromise between Southern politicians who wished for enslaved African Americans to be counted as 'persons' for congressional representation and Northern politicians who rejected these proposals.
The earlier Fugitive Slave Act of 1793 was a Federal law that was written with the intent to enforce Article 4, Section 2, Clause 3 of the United States Constitution, which required the return of escaped slaves. Many free states wanted to disregard the Fugitive Slave Act. Some jurisdictions passed personal liberty laws, mandating a jury trial before alleged fugitive slaves could be moved, while others forbade the use of local jails or the assistance of state officials in arresting or returning alleged fugitive slaves.
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The Thirteenth Amendment
Prior to the Thirteenth Amendment, the Constitution included several provisions that implicitly recognised slavery. For example, the Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". This clause was a compromise between Southern and Northern politicians who had differing views on the representation of enslaved African Americans. The word "slave" was not explicitly mentioned in the Constitution, but slavery received important protections.
The amendment was proposed by Senator Charles Sumner, who submitted a constitutional amendment on February 8, 1864, stating: "All persons are equal before the law, so that no person can hold another as a slave; and the Congress shall have the power to make all laws necessary and proper to carry this declaration into effect everywhere in the United States". The Senate Judiciary Committee presented a slightly different version of the amendment proposal, based on drafts by Ashley, Wilson, and Henderson, which used text from the Northwest Ordinance of 1787: "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted".
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The Slave Trade Clause
When the Constitution was drafted in 1787, slavery was deeply entrenched in the economic and social fabric of the United States. The Slave Trade Clause was a compromise between the Northern and Southern states, ensuring that Congress would be unable to ban the slave trade for 20 years after the adoption of the Constitution. This compromise was struck to secure the support of Southern delegates for a strong central government. The clause reads:
> "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."
The careful reader will notice the avoidance of the words "slave", "slavery", "race", or "color", which was likely due to the embarrassment and moral qualms surrounding the practice, as well as the contradiction with the Founding principles. This vague language allowed for the continuation of the slave trade and the protection of slavery as a state institution.
While the Slave Trade Clause expired in 1808, it remains in the Constitution, serving as a reminder of the moral and political complexities surrounding the issue of slavery in the nation's founding document.
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Frequently asked questions
No, the word 'slave' does not appear in the US Constitution. The framers consciously avoided the word, recognising that it would sully the document. Instead, the Constitution included several provisions about unfree persons.
Many of the Founding Fathers were slaveholders themselves. Despite this, they recognised the institution as morally reprehensible and severely criticised it. Several founders launched critiques of the slave trade for violating natural rights.
The US Constitution included the Three-Fifths Compromise, 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.
The US Constitution created a central government powerful enough to eventually abolish slavery. The 13th Amendment to the Constitution, which abolished slavery, was passed in 1864.
