Simone Lawson
The original US Constitution did not use the words slave or slavery but included provisions that implicitly recognised and protected the practice. The Three-Fifths Compromise, for instance, counted three-fifths of each state's enslaved population as part of its free population for the purposes of allocating seats in the House of Representatives. The Fugitive Slave Clause, meanwhile, stated that slaves who escaped to another state would not be freed but would remain slaves. The 13th Amendment, passed in 1865, was the final constitutional solution to slavery, abolishing the practice across the United States and in all territories under its jurisdiction.
| Characteristics | Values |
|---|---|
| Date of Solution | 1865 |
| Constitutional Amendment | 13th Amendment |
| Date of Amendment Proposal | 31 January 1865 |
| Date of Amendment Ratification | 6 December 1865 |
| Number of States Ratifying | 27 |
| President at Ratification | Andrew Johnson |
| Previous Attempts to End Slavery | Lincoln's Emancipation Proclamation (1863) |
| Constitutional Recognition of Slavery | Three-Fifths Compromise, Fugitive Slave Clause, Slave Trade Clause |
| Constitutional Non-Recognition of Slavery | Absence of the word "slave" or "slavery" |
| Motivations for Ending Slavery | Moral and Ethical Concerns, Political Unrest |
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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 elect and send to Congress. On the other hand, free states wanted to exclude the counting of slave populations in slave states, given that those slaves had no voting rights. The Three-Fifths Compromise was a compromise that 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 effectively gave the Southern states more power in the House relative to the Northern states.
It is important to note that the Three-Fifths Compromise did not relegate slaves to "three-fifths of a person" status. Instead, it 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 due to concerns about giving too much power to the South. The compromise reduced the political power of slaveholding states and was an imperfect solution to the moral and systemic evils of slavery.
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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."
This clause was a compromise between Northern and Southern states during the formation of the Union and was necessary for the ratification of the Constitution. However, it was also a source of tension and controversy. Northern states resisted the enforcement of the Fugitive Slave Clause, and some even passed personal liberty laws to protect free Black residents from kidnapping and provide safeguards for accused fugitives. This resistance contributed to the polarisation of public opinion and the deepening divide between the North and the South.
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The Slave Trade Clause
In 1808, the "Act Prohibiting the Importation of Slaves" was passed, imposing heavy penalties on international traders. However, it did not end slavery or the domestic sale of slaves within the United States. The Slave Trade Clause is no longer constitutionally relevant as it expired in 1808. However, it remains in the Constitution and still holds cultural and political relevance in the discourse of the morality and profitability of the international trade in human beings.
The issue of slavery was finally resolved with the passing of the 13th Amendment to the US Constitution in 1865, which abolished slavery and prohibited involuntary servitude within the United States. This amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans.
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The 13th Amendment
The original US Constitution, drafted in 1776, did not explicitly mention "slavery" or "slaves", but it included several provisions related to the institution of slavery. One of the most notable was the Three-Fifths Compromise, which allocated Congressional representation based on a state's population of free persons and "three-fifths of all other Persons", referring to enslaved individuals. This compromise reflected the tension between Northern and Southern states on the issue of slavery and the compromise that was necessary for the formation of the Union.
As the movement to abolish slavery gained momentum, President Abraham Lincoln played a pivotal role in advancing the cause. In 1863, Lincoln issued the Emancipation Proclamation, declaring that all persons held as slaves in Confederate-controlled areas were thenceforward free. However, the Proclamation did not end slavery nationwide, and Lincoln recognised the need for a constitutional amendment to permanently abolish slavery.
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The Civil War
The Constitution included several provisions that implicitly recognised slavery, such as the Three-Fifths Compromise, which counted three-fifths of each state's enslaved population ("other persons") as part of its free population for the purposes of apportioning seats in the House of Representatives, direct taxes, and Electoral College votes. This gave the South extra representation in the House of Representatives and Electoral College, creating the "Slave Power" in the legislature. The Fugitive Slave Clause also required that escaped slaves be returned to their enslavers, and that the federal government would enforce this rule.
In the decades following the Constitution's ratification, popular support for the abolition of the slave trade and slavery itself increased. In 1863, President Lincoln issued the Emancipation Proclamation, declaring that all persons held as slaves within any state in rebellion against the United States were to be free. However, this did not end slavery in the nation, as it only applied to areas of the Confederacy in rebellion, and the postwar status of the emancipated slaves was uncertain.
Lincoln recognised that a constitutional amendment was needed to guarantee the abolishment of slavery, and in 1864, his election platform resolved to abolish slavery by constitutional amendment. On April 8, 1864, the Senate passed an amendment to abolish slavery, and after extensive legislative maneuvering, the House followed suit on January 31, 1865. The 13th Amendment was then ratified on December 6, 1865, officially ending slavery in the United States.
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Frequently asked questions
The final constitutional solution to slavery in the US was the Thirteenth Amendment, passed in 1865, which abolished slavery and prohibited it from existing within the US or any place subject to its jurisdiction.
The Fugitive Slave Clause, Article IV, Section 2, Clause 3, stated that "No person held to Service or Labour in one State" would not be freed by escaping to another. This meant that enslaved people who fled and sought freedom had to be returned to their enslavers, and the federal government enforced this rule.
The Three-Fifths Compromise, Article I, Section 2, Clause 3, stated that three-fifths of each state's enslaved population ("other persons") was to be added to its free population for the purposes of apportioning seats in the US House of Representatives, its number of electoral votes, and direct taxes among the states. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
