Eleanor Finch
The Constitutional Compromise of 1787, also known as the Three-Fifths Compromise, was a pivotal moment in American history, where the young nation's ideological foundations were tested by the contradiction between its stated values of liberty and justice and the existence of slavery. The compromise, which prohibited the federal government from restricting the slave trade for 20 years, was a contentious agreement between the Northern and Southern states, reflecting their differing economic interests and perspectives on slavery. This compromise, while unsustainable in the long term, was a critical step in the formation of the Union, but it also laid the groundwork for future conflicts, including the Civil War.
| Characteristics | Values |
|---|---|
| Date of the Constitutional Compromise | 25 August 1787 |
| Date of prohibition of the slave trade | 1808 |
| Article | 1 |
| Section | 9 |
| Clause | 1 |
| Prohibited the federal government from limiting the importation of "persons" | Until 20 years after the Constitution took effect |
| Compromise between | Southern states and states where slavery was pivotal to the economy |
| Number of delegates to the Constitutional Convention who owned slaves | 25 out of 55 |
| Compromise | Congress could regulate the slave trade after 1808 |
| Three-Fifths Compromise | Counted three-fifths of a state's slave population for representation |
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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 those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. A compromise was struck to resolve this impasse. 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 Northern states.
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The Fugitive Slave Clause
The wording of the Fugitive Slave Clause is vague, and legal scholars debate its interpretation. Some argue that the ambiguity was a political compromise that avoided overtly validating slavery at the federal level, while others claim it entrenched slaveholder power. Historian Donald Fehrenbacher believes that the Constitution intended to make it clear that slavery existed only under state law, not federal law. He points to a last-minute change in the clause, which removed the phrase "legally held to service or labour in one state" and replaced it with ""held to service or labour in one state, under the laws thereof". This revision made it impossible to infer that the Constitution legally sanctioned slavery.
In 1850, Democratic Senator James M. Mason of Virginia drafted a second Fugitive Slave Act to address Southern concerns about the increasing number of slaves escaping to free states. This Act penalised officials who did not arrest alleged fugitives and gave the federal government a role in capturing escaped slaves. The 1850 Act was highly controversial and contributed to the growing polarisation of the country over slavery, ultimately leading to the start of the American Civil War.
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The Slave Trade Clause
The delegates at the Constitutional Convention had moved from never permitting Congress to regulate the slave trade to permitting it after 1808. The compromise was that for 20 years, until 1808, there would be no restriction on the slave trade, and in return, the federal government could make laws requiring American ships to be used in all commerce, benefiting shipbuilders and maritime men in the northeast. This compromise was reached on August 25, 1787, with the delegates agreeing to the 1808 prohibition by a vote of 7 ayes to 4 noes. The noes were cast by New Jersey, Pennsylvania, Delaware, and Virginia, who wanted the date to be 1800, considering 1808 too compromising.
The Three-Fifths Compromise, adopted by the convention, counted three-fifths of a state's slave population for representation. This compromise was essential to the election of Thomas Jefferson in 1800. The Constitution also included a fugitive slave clause, which required the return of runaway slaves to their owners.
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The Missouri Compromise
The Compromise admitted Missouri as a slave state and Maine as a free state, maintaining the balance between slave and free states in the nation. It also included a policy prohibiting slavery in the remaining Louisiana Purchase lands north of the 36°30′ parallel. This provision lasted for 34 years until it was repealed by the Kansas-Nebraska Act of 1854.
The Compromise was an attempt to resolve the conflict between pro-slavery and anti-slavery factions, which had existed since the nation's inception. While the Compromise of 1820 was later repealed, it was preceded by the Slavery Compromise of 1787, which prohibited the federal government from banning the slave trade until 1808. This was a compromise between Southern states, where slavery was integral to the economy, and states contemplating or having achieved abolition.
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The Civil War
The delegates at the Constitutional Convention in 1787 fiercely debated the topic of slavery, with around 25 of the 55 delegates owning slaves themselves. The Southern states argued that enslaved people should be included in the population count toward that state's number of delegates in the House of Representatives, which was protested by the smaller and Northern states as it would distort the number of representatives the Southern states sent to Congress. This debate led to the adoption of the Three-Fifths Compromise, which counted three-fifths of a state's slave population for representation.
The Southern states also wanted to prohibit the federal government from regulating the Atlantic slave trade, which was opposed by delegates like Luther Martin from Maryland, who argued that the slave trade should be subject to federal regulation as the entire nation would be responsible for suppressing slave revolts. He also considered the slave trade to be inconsistent with America's republican ideals and dishonourable to the American character. Another compromise was reached, where the federal government agreed to a 20-year ban on any restrictions on the Atlantic slave trade, in exchange for the Southern states removing a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, benefiting Northeastern shipbuilders and sailors.
The delegates also adopted a fugitive slave clause, which required the return of runaway slaves to their owners, and gave the federal government the power to put down domestic rebellions, including slave insurrections. This compromise, however, did not resolve the conflict, and Congress passed other compromises to prevent the nation from breaking apart. The issue of slavery continued to fester and grow, and the seeds were left for a future conflict, which culminated in the Civil War.
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Frequently asked questions
The Three-Fifths Compromise allowed Congress to prohibit the slave trade in 1808, twenty years after the Constitution took effect. The compromise was reached in 1787 and prohibited the federal government from limiting the importation of "persons" (understood at the time to mean enslaved African persons) until 1808.
The compromise was necessary to prevent the young nation from breaking apart. The issue of slavery was fiercely debated during the Constitutional Convention, with around 25 of the 55 delegates owning slaves. The compromise was reached to placate the Southern states, where slavery was pivotal to the economy, and the Northern states, where abolition had been accomplished or was contemplated.
The compromise allowed for the importation of enslaved Africans without restriction for 20 years. In return, the federal government could make laws requiring American ships to be used in all commerce, benefiting shipbuilders and maritime men in the Northeast.
The compromise delayed the prohibition of the slave trade, which was seen as more unjust than keeping generations of people enslaved. It also created a central government powerful enough to eventually abolish slavery. However, it did not resolve the conflict, and Congress passed other compromises to prevent the nation from breaking apart, leading to the Civil War.
