Eleanor Finch
The original US Constitution, drafted in 1787, did not contain the words slave or slavery. However, it addressed American slavery in at least five provisions and indirectly protected the institution. The three-fifths clause, for example, counted three-fifths of each state's slave population towards its total population for the purpose of apportioning the House of Representatives, giving Southern states more power. The Constitution also prohibited Congress from banning the importation of slaves until 1808. These references to slavery in the Constitution have sparked debates about whether the document was pro-slavery or anti-slavery. While some argue that the Constitution strengthened slavery, others contend that it created a central government powerful enough to eventually abolish it. The 13th Amendment, passed in 1865, officially abolished slavery in the United States, demonstrating the complex and evolving nature of the nation's relationship with slavery.
| Characteristics | Values |
|---|---|
| Number of references to slavery | At least 5 provisions |
| Use of the words "slave" or "slavery" | No |
| Three-Fifths Clause | Article I, Section 2, Clause 3 |
| Three-Fifths Clause function | Counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives |
| Three-Fifths Clause impact | Gave Southern states more power in the House and in the Electoral College |
| Slave Trade Clause | Article I, Section 9, Paragraph 1 |
| Slave Trade Clause function | Prohibited Congress from banning the importation of slaves until 1808 |
| Fugitive Slave Clause | Article IV, Section 2 |
| Abolition of slavery | 13th Amendment to the Constitution in 1865 |
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What You'll Learn
The Three-Fifths Clause
The inclusion of the Three-Fifths Clause in the Constitution has been interpreted as a compromise between the Northern and Southern states during the Constitutional Convention. Many of the framers of the Constitution, including some delegates to the Constitutional Convention, owned slaves and had moral qualms about slavery. They believed that concessions on slavery were necessary to gain the support of Southern delegates for a strong central government. By sidestepping the issue of slavery, they hoped to avoid future conflict.
However, the Three-Fifths Clause has also been criticised as a protection for slavery and an acknowledgement of the personhood of enslaved people. During the public ratification debate, participants on both sides of the issue recognised that the treatment of enslaved people as both "'property' and 'persons'" in the Constitution would have implications for the future of slavery, Southern power, and racial hierarchy. The Three-Fifths Clause gave enslavers a vested interest in acknowledging the personhood of the people they enslaved, as it allowed them to exploit their humanity for political gain.
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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 flees to another state must be returned to their master in the state from which they escaped. The clause does not use the words "slave" or "slavery", instead referring to a "Person held to Service or Labour", but it nevertheless formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to capture escaped slaves in free states.
The Fugitive Slave Clause was a compromise between the Northern and Southern states, which had differing views on slavery. By the late 18th century, many Northern states had outlawed slavery, while it was a way of life in the American South. The Clause gave slaveholders a constitutional right to recover their "property" from another state, even if slavery was illegal in that state. This right was enforced by the Fugitive Slave Act of 1793, which was strengthened in 1850.
There was resistance to the enforcement of the Clause in the North, and several Northern states enacted personal liberty laws to protect free Black residents from kidnapping and provide safeguards for accused fugitives. This resistance, along with the fact that the Clause did not explicitly mention slavery, has led to debates over whether the Clause conferred constitutional legitimacy on slavery. Some argue that its vague wording avoided overtly validating slavery at the federal level, while others contend that it entrenched slaveholder power.
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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Slave Trade Clause
The Slave Trade Clause, also known as the "Importation of Persons Clause", is outlined in Article I, Section 9, Clause 1 of the US Constitution. This clause states that Congress could not prohibit the "importation" of slaves by any of the existing states before 1808. This clause was a compromise between Northern and Southern states, reflecting the deep tension between the practice of slavery and the notion of liberty and equality in the Declaration of Independence.
The Slave Trade Clause was a concession made to gain the support of Southern delegates for a strong central government during the drafting of the Constitution in 1787. The Southern states, where slavery was a significant part of the economy, threatened to refuse to join the Union if the Constitution restricted the slave trade. As a result, the framers of the Constitution avoided using explicit terms like "slavery" or "slave", instead referring to the "'importation' of persons".
The Slave Trade Clause effectively prohibited Congress from banning the importation of slaves for 20 years after the adoption of the Constitution. This delay in addressing the slave trade allowed it to persist and even thrive, as popular support for abolition grew both domestically and internationally. An act of Congress in 1800 made it illegal for Americans to engage in the slave trade between nations, and authorised the seizure of slave ships. The "'Act Prohibiting the Importation of Slaves'" finally took effect in 1808, imposing heavy penalties on international traders.
However, the 1808 Act did not end slavery or the domestic sale of slaves within the United States. The interstate sale of slaves persisted, and the trade simply moved underground, with ships caught illegally trading often resulting in the sale of their passengers into slavery. The Slave Trade Clause, therefore, had limited effectiveness in addressing the issue of slavery and its legacy continued to shape American society long after its expiration in 1808.
It is important to note that while the Slave Trade Clause may have delayed federal action on the slave trade, it also created a central government with the potential power to eventually abolish slavery. This power was realised with the passing of the 13th Amendment in 1865, which finally abolished slavery and involuntary servitude within the United States.
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13th Amendment
The 13th Amendment to the United States Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States and all places under its jurisdiction. The Amendment states:
> "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 13th Amendment was preceded by President Abraham Lincoln's Emancipation Proclamation in 1863, which declared that "all persons held as slaves [...] shall be then, thenceforward, and forever free." However, the Emancipation Proclamation did not end slavery nationwide as it only applied to areas of the Confederacy in a state of rebellion, excluding the "border states" that remained in the Union. As a result, Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery.
The 13th Amendment is one of three Civil War amendments, along with the 14th and 15th Amendments, that significantly expanded the civil rights of Americans. The Amendment gave Congress the power to enforce its provisions through appropriate legislation, addressing the issue of slavery in the United States once and for all.
The 13th Amendment is often viewed as a pivotal moment in American history, marking the official end of slavery and representing a significant step towards freedom and equality for all. However, it is important to note that the Amendment allows for involuntary servitude as a punishment for crime, which has been the subject of ongoing debate and legal interpretation.
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Framers' Intent
The US Constitution, drafted in 1787, did not contain the words "slave" or "slavery" within its text. However, the Framers' intent regarding slavery was a topic of fierce debate during the Constitutional Convention, and the document included several provisions that directly or indirectly addressed the issue of slavery.
The Three-Fifths Clause (Article I, Section 2, Clause 3) is one of the most well-known references to slavery in the Constitution. This clause 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 Southern states, which had a larger slave population, more power in the House and the Electoral College. The Framers believed that this compromise was necessary to gain the support of Southern delegates for a strong central government and to ensure the inclusion of all states in the Union. Many of the Framers, including Alexander Hamilton and Benjamin Franklin, had moral qualms about slavery and some were members of anti-slavery societies. They believed that slavery would eventually die out and did not want the permanent moral stain of slavery on the document.
The Slave Trade Clause (Article I, Section 9, Paragraph 1) is another important reference to slavery in the Constitution. This provision prohibited Congress from banning the importation of slaves until 1808, effectively protecting the institution of slavery. This clause was the result of a compromise reached during the Constitutional Convention, as South Carolina and Georgia delegates threatened that their states would not join the Union if there were restrictions on the slave trade.
The Fugitive Slave Clause, while not explicitly mentioning slavery, was understood to pertain to slaves. This clause, along with the Three-Fifths Clause, has been interpreted as evidence of the Constitution's pro-slavery stance. On the other hand, some argue that the Constitution also contained anti-slavery sentiments, such as the assertion of fundamental human equality and the Fifth Amendment's protection of liberty and property rights.
The Framers of the Constitution had to navigate a delicate balance between their personal beliefs, the reality of slavery in the Union, and the need for a unified and accepted document. While they may have hoped that slavery would eventually end, they also recognised the need for concessions to maintain the support of Southern states. This resulted in a document that could be interpreted as both pro-slavery and anti-slavery, depending on the specific clauses cited and the interpretation applied.
It is important to note that the issue of slavery in the US Constitution was not fully resolved until the ratification of the 13th Amendment in 1865, which officially abolished slavery and prohibited its existence within the United States.
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Frequently asked questions
The US Constitution never explicitly mentions the words "slavery" or "slave", but it does contain references and protections for enslavement. The following clauses are considered to be references to slavery:
- The Three-Fifths Clause (Article I, Section 2)
- The Fugitive Slave Clause
- The Slave Trade Clause (Article I, Section 9)
- The 13th Amendment (passed in 1865), which 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 Three-Fifths Clause was a provision in the US Constitution that 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 Southern states more power in the House and in the Electoral College.
The Fugitive Slave Clause acknowledged the existence of slavery in America and allowed slave owners to reclaim slaves who escaped and crossed state lines.
The Slave Trade Clause, also known as the "Migration and Importation of such Persons" clause, prohibited Congress from banning the importation of slaves until 1808.
