Omar Bennett
The original US Constitution, drafted in 1787, did not expressly use the words slave or slavery but included several provisions related to unfree persons. 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 politicians who wanted enslaved African-Americans to be counted as 'persons' for congressional representation and Northern politicians who rejected this idea out of concern for too much Southern power. The Slave Trade Clause, Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of persons (i.e. enslaved African persons) where state governments allowed it, for 20 years after the Constitution took effect. The Fugitive Slave Clause, Article IV, Section 2, Clause 3, stated that slaves who escaped to another state remained slaves. While some argue the Constitution was pro-slavery, others claim it created a central government powerful enough to eventually abolish slavery.
| Characteristics | Values |
|---|---|
| Date of drafting | 1787 |
| Date of ratification | 1789 |
| States where slavery was banned at the time | New England, Pennsylvania, Northwest Territory |
| States where slavery was legal | Southern states |
| Framers' beliefs about slavery | Many believed it was morally wrong and would die out |
| Compromises | Three-Fifths Clause, Fugitive Slave Clause |
| Clause banning federal government from limiting importation of "persons" | Article 1, Section 9, Clause 1 |
| Clause providing for apportionment of representatives | Article 1, Section 2, Paragraph 3 |
| Amendment abolishing slavery | 13th Amendment |
| Date of abolition | 1865 |
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What You'll Learn
The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could send to Congress. On the other hand, free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. The compromise struck 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.
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The Fugitive Slave Clause
> "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."
The clause was adopted at the Constitutional Convention of 1787 and was unanimously approved without debate. The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment to the Constitution, which abolished slavery.
The wording of the clause is notable for its avoidance of the words "slave" and "slavery", instead referring to "persons held to Service or Labour". This was a deliberate choice by the framers of the Constitution, who wished to avoid directly addressing the issue of slavery. The exact interpretation of the clause has been debated by legal scholars, with some arguing that its vague wording was a political compromise that avoided overtly validating slavery at the federal level, while others argue it entrenched slaveholder power.
Resistance to the enforcement of the Fugitive Slave Clause increased in the Northern states during the 19th century, with several states enacting "personal liberty laws" to protect their Black residents from kidnapping. This resistance, along with the passage of the Fugitive Slave Act of 1850, further polarised public opinion and led to legal challenges. The Supreme Court's interpretation of the clause in Prigg v. Pennsylvania (1842) and Ableman v. Booth (1859) reinforced federal supremacy, but the clause became mostly irrelevant following the Thirteenth Amendment.
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The Slave Trade Clause
In the 20 years following the adoption of the Constitution, popular support for the abolition of the slave trade and slavery itself increased, both in the US and internationally. In the 1790s, Congress passed statutes regulating the trade in slaves by US ships on the high seas, and the UK and other countries also passed legislation restricting the slave trade.
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The Importation of Persons 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 prohibited the federal government from limiting the importation of "persons" (understood at the time to primarily refer to enslaved African persons) until 1808, 20 years after the Constitution took effect. It is important to note that the word "slave" is not explicitly mentioned in this clause or anywhere in the Constitution, as the framers consciously avoided using direct language about slavery.
The inclusion of this clause in the Constitution was a compromise made by the framers, who believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. This compromise, however, laid the foundation for future conflicts over slavery and contributed to the interpretation of the Constitution as a pro-slavery document.
In summary, the Importation of Persons Clause was a significant component of the original US Constitution, reflecting the complex and conflicted nature of the slavery debate during the nation's founding. While it addressed the immediate political concerns of the time, it also set the stage for future struggles over the abolition of slavery and the interpretation of the Constitution's role in protecting or abolishing the practice.
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The Civil War and the 13th Amendment
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the word "slave". However, it included several clauses that protected slavery and gave the Southern states extra representation in the House of Representatives and extra votes in the Electoral College. These included the Fugitive Slave Clause and the Three-Fifths Clause. The former asserted that a slave remained a slave even if they fled to a non-slavery state, while the latter counted three-fifths of a state's slave population when apportioning representation.
The Civil War began in 1861 and was fought between the Union and the Confederacy. By its end in 1865, four million people, mostly of African descent, had been held as slaves in 15 Southern and border states. On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring that those enslaved in Confederate-controlled areas were free. However, this proclamation did not end slavery across the nation, and Lincoln recognised that a constitutional amendment was necessary to guarantee its abolishment.
The 13th Amendment, passed by Congress on January 31, 1865, abolished slavery in the United States, stating 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 amendment was ratified on December 6, 1865, by the required 27 out of 33 states. It was the first of three Reconstruction Amendments that greatly expanded the civil rights of Americans. The 13th Amendment's immediate impact was the end of chattel slavery in the South and the prohibition of "involuntary servitude", including practices such as peonage.
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Frequently asked questions
The 13th Amendment was the amendment that officially abolished slavery in the United States.
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 politicians who wanted enslaved African-Americans to be counted as 'persons' for congressional representation and Northern politicians who rejected these ideas.
Article IV, Section 2, Clause 3 of the Constitution stated that slaves held under the laws of one state who escaped to another state did not become free but remained slaves.
Article 1, Section 9, Clause 1, 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.
No, the word "slave" was consciously avoided by the framers of the Constitution, who recognised that it would sully the document.
