Slavery And The Constitution: A Complex Relationship

The United States Constitution's position on slavery was a highly contested issue, with the document being interpreted as both pro-slavery and anti-slavery. The Constitution, drafted in 1787, did not use the word slavery directly, instead employing euphemisms like persons held to service or labour. It included several clauses related to slavery, such as the Three-Fifths Clause, which gave slaveholding states extra representation in the House of Representatives, and the Fugitive Slave Clause, which required the return of runaway slaves. The framers of the Constitution held differing views on slavery, with some owning slaves themselves while others, like Benjamin Franklin and Alexander Hamilton, were members of anti-slavery societies. The issue of slavery was a compromise to gain support for a strong central government, and it remained a contentious issue until the 13th Amendment abolished slavery in 1865.

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The Three-Fifths Clause

This compromise was reached after a contentious debate between Northern and Southern delegates. The Northern delegates, opposed to slavery, argued that only free persons should be counted for representation and taxation purposes. In contrast, the Southern delegates, who supported slavery, wanted to count the entire slave population to increase their representation in Congress. The Three-Fifths Compromise reduced the representation of slave states compared to the Northern position but improved it over the Southern position.

The Three-Fifths Compromise, along with other clauses in the Constitution, such as the Fugitive Slave Clause, reflected the framers' conflicted stance on slavery. While some framers had moral qualms about slavery, they prioritized political unity and compromise over immediate abolition. The language used in the Constitution, such as "persons held to Service or Labour" instead of "slaves," reflected an attempt to sidestep the moral confrontation surrounding slavery while preserving the institution.

Fugitive Slave Clause

The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, was Article IV, Section 2, Clause 3 of the United States Constitution. The clause was adopted at the Constitutional Convention of 1787 and was in force until the Thirteenth Amendment to the United States Constitution abolished slavery in 1865, except as a punishment for criminal acts, rendering the clause mostly irrelevant.

The Fugitive Slave Clause gave slaveholders the right to seize and reclaim enslaved people who escaped to free states. The clause stated 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, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due."

The clause avoided the use of the words "slave" and "slavery", instead referring to "persons held to service or labour". This reflected the framers' conflicted stance on slavery and their attempt to sidestep moral confrontation while preserving the institution. The vague wording of the clause has been interpreted as a political compromise that avoided overtly validating slavery at the federal level, while also entrenching slaveholder power.

The Fugitive Slave Clause had a significant impact on Black communities in the North, as the broad language of the clause and its enforcement mechanisms enabled the kidnapping of free African Americans, who were then illegally enslaved. This highlighted the systemic abuse enabled by the clause. In the 19th century, Northern resistance to the enforcement of the Fugitive Slave Clause increased, with several Northern states enacting "personal liberty laws" to protect free Black residents from kidnapping and provide safeguards for accused fugitives.

Slave Trade Clause

The Slave Trade Clause, also known as the "Importation of Persons Clause", is outlined in Article 1, Section 9, Clause 1 of the US Constitution. This clause is one of a handful of provisions in the original Constitution related to slavery, though it does not use the word "slave". Instead, it refers to the importation of persons, leaving it to the reader to understand that these persons were enslaved.

The Slave Trade Clause prohibited the federal government from limiting the importation of enslaved people into states where it was permitted, for 20 years after the Constitution took effect. This was a compromise between Northern and Southern states, where slavery was pivotal to the economy, and states contemplating or having accomplished abolition. The clause was a concession to the Southern delegates, who threatened to refuse to join the Union if the Constitution restricted the slave trade.

The clause expired in 1808, and an Act was passed to prohibit the importation of slaves. However, this did not end the slave trade, which continued to persist within the United States. The Slave Trade Clause is no longer constitutionally relevant, but it remains in the Constitution, reflecting the moral and legal crisis that would contribute to the Civil War.

The omission of explicit references to slavery in the Constitution has been interpreted as an attempt to sidestep moral confrontation while preserving the institution. This reflects the framers' conflicted stance towards slavery, with some prioritising political unity over abolition. The use of euphemisms, such as persons and "Person held to Service or Labour", demonstrates an attempt to avoid direct language about slavery, which was a major component of the US economy and society at the time.

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Abolitionist opposition

The US Constitution, drafted in 1787, was a compromise between those who supported and opposed slavery. The framers of the Constitution avoided using the word "slavery" and instead used euphemisms like “persons held to service or labour". This was an attempt to sidestep moral confrontation while preserving the institution of slavery.

The Three-Fifths Clause in Article 1, Section 2, Paragraph 3, provided that apportionment of representatives would be based on the population of free persons excluding "Indians not taxed" and “three-fifths of all other persons”. The "other persons" referred to were African slaves, who made up around a third of the population of the Southern states. This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College.

The Fugitive Slave Clause, or Article IV, Section 2, Clause 2, states 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, but shall be delivered up on the claim of the party to whom such service or labour may be due." This clause required the return of runaway slaves to their owners.

The Importation of Persons Clause, or Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of "persons" where state governments allowed it, until 20 years after the Constitution took effect. This clause was a compromise between Southern states, where slavery was pivotal to the economy, and states where slavery had been abolished or was under contemplation.

The Domestic Violence Provision, or Article IV, Section 4, guaranteed that the United States government would protect states from "domestic violence," including slave rebellions.

While the Constitution included these provisions that protected slavery, there were also those who opposed it. For example, John Adams wrote, "Every measure of prudence, therefore, ought to be assumed for the eventual total extirpation of slavery from the United States… I have, through my whole life, held the practice of slavery in … abhorrence." Thomas Jefferson, in a draft of the Declaration of Independence, attacked the slave trade, calling it a "cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people."

In conclusion, while the US Constitution included several provisions that protected slavery, there were also those who opposed it on moral grounds. The framers of the Constitution attempted to strike a compromise between those who supported and opposed slavery, resulting in a document that could be read as both pro-slavery and anti-slavery.

Compromises and euphemisms

The US Constitution, drafted in 1787, did not include the word "slavery" in its provisions that responded to the practice. Instead, it used euphemisms like Importation of Persons Clause and "Person held to Service or Labour" to refer to the act of importing and holding slaves. The framers of the Constitution consciously avoided using direct language about slavery, reflecting their attempt to sidestep moral confrontation while preserving the institution.

The Three-Fifths Clause in Article 1, Section 2, Paragraph 3, provided that apportionment of representatives would be based on the population of free persons, excluding “Indians not taxed” and “three-fifths of all other persons." The "other persons" referred to the African slaves who comprised around a third of the Southern states' population. This clause gave the South extra representation in the House of Representatives and additional votes in the Electoral College, benefiting whites in slave states during presidential elections.

The Fugitive Slave Clause, or the "Person held to Service or Labour" clause, in Article IV, Section 2, Clause 2, required the return of runaway slaves to their owners. This clause also avoided using the word "slavery," referring instead to those "held to service or labour." This clause was part of the compromise between the Southern and other states, ensuring that slavery remained a national issue embedded in American governance.

The Importation of Persons Clause, or the Slave Trade Clause, prohibited the federal government from limiting the importation of "persons" until 1808, twenty years after the Constitution took effect. This clause was another compromise, as it allowed the Southern states to continue the slave trade, which was pivotal to their economy, while the national government gained the power to enact laws requiring goods to be shipped on American vessels.

These compromises and euphemisms in the Constitution reflect the framers' conflicted stance on slavery. While some personally opposed slavery on moral grounds, they prioritized political unity and the economic benefits of slavery over immediate abolition. These compromises had significant consequences, contributing to the entrenchment of slavery and the eventual Civil War.

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