Simone Lawson
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the words slave or slavery within its text. However, it dealt directly with American slavery in several provisions and indirectly protected the institution. The Three-Fifths Clause, for instance, counted three-fifths of each state's slave population towards its total population for the purpose of representation in the House of Representatives, giving Southern states more power. The Slave Trade Clause prohibited Congress from banning the importation of slaves until 1808. The framers' conflicted stance towards slavery led them to deliberately avoid direct language about the institution, instead using euphemisms like persons held to service or labour. This ambiguity allowed slavery to persist and even strengthened it, but it also created a central government with the potential power to eventually abolish it. The Constitution's legacy regarding slavery remains a subject of debate and controversy.
| Characteristics | Values |
|---|---|
| Use of euphemisms instead of explicit references to slavery | "Person held to Service or Labour" |
| Avoided using direct language about the institution of slavery | Avoided using words like "slave" or "slavery" |
| Protected the institution of slavery | Three-Fifths Clause, Slave Trade Clause, Fugitive Slave Clause |
| Contradicted the natural rights of slaves | Denied the idea of consent in a republic |
| Created a central government | Powerful enough to eventually abolish slavery |
| Did not include a bill of rights | |
| Did not address the distinction between person and property | |
| Concessions on slavery | Price for the support of southern delegates for a strong central government |
| Left unanswered questions | How to dismantle the legacies of slavery |
| Created ambiguity | Seeds for future conflict |
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What You'll Learn
The Three-Fifths Clause
The compromise also had implications for the election of Thomas Jefferson in 1800, as the Southern states' ability to count their enslaved populations, even at discounted rates, gave him an advantage over John Adams. Additionally, the clause included a provision for the recapture of fugitive slaves and a moratorium until 1808 on any congressional ban against the importation of slaves, although individual states could still prohibit slave imports.
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The Fugitive Slave Clause
The clause was a compromise between free states and slave states. It was proposed by Pierce Butler and Charles Pinckney of South Carolina, and passed unanimously without debate. Historian Donald Fehrenbacher believes that the last-minute change from "legally held to service or labour in one state" to "held to service or labour in one state, under the laws thereof" was intended to clarify that slavery was legal only under state law, not federal law.
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The Slave Trade Clause
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it directly addressed American slavery in at least five of its provisions and indirectly protected the institution in other sections. One of these provisions was the Slave Trade Clause, also known as the Importation of Persons Clause, which is the first clause of Article 1, Section 9 of the Constitution.
> "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 allowed for the continuation of the slave trade for 20 years after the adoption of the Constitution. During this time, popular support for the abolition of the slave trade and slavery itself increased both in the United States and internationally. In the 1790s, Congress passed statutes regulating the trade in slaves by U.S. ships on the high seas, and other countries also passed legislation restricting the slave trade, increasing pressure on the United States to curb the practice.
In 1800, Congress passed an act that made it illegal for Americans to engage in the slave trade between nations and authorized the seizure of slave ships and their cargo. Finally, in 1808, the Act Prohibiting the Importation of Slaves took effect, imposing heavy penalties on international slave traders. However, this act did not end slavery or the domestic sale of slaves within the United States.
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Framers' omission of 'slavery'
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it directly addressed American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. The Framers of the Constitution deliberately avoided using direct language about slavery due to their conflicted stance on the issue. They prioritized political unity and compromise over the abolition of slavery, which resulted in key compromises like the Three-Fifths Clause and the Fugitive Slave Clause that protected slaveholding interests.
The Three-Fifths Clause (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. This gave the Southern states, where most slaves were forced to work in agriculture, more power in the House and the Electoral College. The Fugitive Slave Clause (Article IV, Section 2) required states to return fugitive slaves, implicating the federal government and its officers in the active protection of people as property.
The Framers also used euphemisms like "Person held to Service or Labour" instead of explicit references to slavery, reflecting their attempt to avoid moral confrontation while preserving the institution. They believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. The economic and political realities of slavery also made substantive action against it impossible during the Constitutional Convention.
The omission of slavery in the Constitution has been described as one of the great paradoxes of the Founding Era. While the document opens with a message of inclusivity and justice, its failure to address the vital distinction between person and property ultimately protected an oppressive institution. This deliberate omission by the Framers left unresolved questions and laid the foundation for future conflicts, including the Civil War.
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Northern vs Southern states
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it directly addressed American slavery in at least five of its provisions and indirectly protected the institution in others. The differences in the bills of rights between the Northern and Southern states reflected their contrasting views on slavery.
Northern States
Northern states, such as Massachusetts, used universal language affirming freedom and equality for all men in their bills of rights. For example, Pennsylvania passed laws that made it more difficult for slaveholders to enforce the law, requiring a certificate to prove ownership and prohibiting the use of force. By the time of the drafting of the Constitution, slavery had already been banned in the states in New England and Pennsylvania and by the Congress of the Confederation in the Northwest Territory. Most of the slaves in the remaining states were forced to work in agriculture in the South.
Southern States
In contrast, Southern states, like Virginia, employed restrictive language in their bills of rights, limiting rights to "freemen", and thereby accommodating slavery. The Southern states relied heavily on slave labour, particularly in agriculture. The Southern delegates to the Constitutional Convention threatened to refuse to join the Union if the Constitution restricted the slave trade. As a result, the framers of the Constitution believed that concessions on slavery were necessary to gain the support of the Southern delegates for a strong central government.
Three-Fifths Clause
The Three-Fifths Clause (Article I, Section 2, Clause 3) is a key example of the compromise reached between the Northern and Southern states regarding slavery. This provision counted three-fifths of each state's slave population towards its total population for the purpose of apportioning the House of Representatives. This gave the Southern states, with their larger slave populations, more power in the House and in the Electoral College.
Fugitive Slave Clause
Another example of a compromise that protected slaveholding interests is the Fugitive Slave Clause. This clause was considered by many scholars to be the most abhorrent of the slavery clauses in the Constitution as it actively involved the federal government and its officers in the protection of people as property.
In summary, the original US Constitution reflected the stark contrasts between the Northern and Southern states regarding slavery. While the Northern states generally affirmed freedom and equality for all men, the Southern states accommodated slavery to protect their economic and political interests. These differences would eventually erupt into the Civil War, leading to the abolition of slavery with the passage of the 13th Amendment in 1865.
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Frequently asked questions
No, the original US Constitution did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document.
The Three-Fifths Clause (Article I, section 2, clause 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. This gave Southern states more power in the House and the Electoral College. The Slave Trade Clause (Article I, section 9, paragraph 1) prohibited Congress from banning the importation of slaves until 1808.
Yes, the US Constitution implicitly recognised slavery and included provisions that protected the institution. For example, the Fugitive Slave Clause and the Three-Fifths Clause have been described as "the bricks and mortar of the proslavery Constitution".
The US Constitution created a central government powerful enough to eventually abolish slavery. However, it also included provisions that strengthened slavery, such as those mentioned above. The question of whether the Constitution was pro-slavery or anti-slavery is still debated by scholars.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They also wanted to avoid moral confrontation while preserving the institution of slavery. The framers' conflicted stance toward slavery led them to deliberately avoid using direct language about the institution in the Constitution.
