Isabella Carter
The American Constitution's relationship with slavery has always been a contentious issue. The Constitution did lend legal support to the practice of slavery, but it did not use the word slavery in the provisions that responded to the practice. The Three-Fifths Clause in Article I, Section 2, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The second clause, known as the Importation Clause, prohibited the federal government from banning the slave trade for 20 years. These clauses, along with the Fugitive Slave Clause, were the most abhorrent to many, as they actively protected people as property.
| Characteristics | Values |
|---|---|
| The Constitution's stance on slavery | The Constitution did lend legal support to slavery in the states, but it did not grant national legitimacy to slavery. |
| The word "slave" in the Constitution | The word "slave" does not appear in the Constitution. |
| The Three-Fifths Clause | The Three-Fifths Clause in Article I, 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 Importation Clause | Article I, 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. |
| The Fugitive Slave Clause | The Fugitive Slave Clause stated that a "slave, within the meaning of the Constitution, is a 'person held to service or labor in one State, under the laws thereof' — not under the Constitution of the United States, nor by the laws thereof, nor by virtue of any Federal authority whatsoever, but under the laws of the particular State." |
| The Civil War | The Civil War was fought to free the slaves and win ratification of the Thirteenth Amendment, which ended slavery in the United States. |
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What You'll Learn
The Constitution's use of the term persons to refer to slaves
The US Constitution, drafted in 1787, did not use the words "slave" or "slavery" in its provisions, despite slavery being a major component of the economy and society in the United States at the time. The document's framers consciously avoided the word, but the Constitution did lend legal support to the practice of slavery.
One of the ways in which the Constitution refers to slaves is through the use of the term "persons". Article 1, Section 9, Clause 1, known as the "Importation of Persons Clause" or the "Slave Trade Clause", prohibited the federal government from limiting the importation of "persons" where individual state governments allowed it. At the time, this was understood to refer primarily to enslaved African persons. This clause was a compromise between Southern states, where slavery was pivotal to the economy, and other states where abolition was contemplated or had been achieved.
The "Three-Fifths Clause" in Article 1, Section 2, Paragraph 3, also refers to slaves as "persons". This clause provided that the 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 made up around a third of the population of the Southern states.
The "Fugitive Slave Clause" in Article IV, Section 2, Clause 2, also uses the term "person" to refer to slaves. This clause 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 claim of the party to whom such service or labour may be due".
The use of the term "persons" in the Constitution to refer to slaves is significant because it allowed for the legal recognition and protection of slavery without explicitly using the word "slave". This was a compromise between different states with varying attitudes towards slavery and reflected the complex and contentious nature of the issue in the political realm.
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The Three-Fifths Clause
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, as 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.
The Three-Fifths Compromise is part of Article 1, Section 2, Clause 3 of the U.S. Constitution. It states that "Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons." The "other Persons" referred to the slaves.
The Three-Fifths Compromise has been a subject of debate and interpretation. Some people argue that it relegated Blacks to three-fifths of a person, which has been used to foment disrespect for the Constitution and its authors. However, others clarify that the Compromise did not consider Blacks as three-fifths of a person but instead addressed the representation and taxation of states based on their population, including slaves.
In 1868, Section 2 of the Fourteenth Amendment superseded Article 1, Section 2, Clause 3 and explicitly repealed the Three-Fifths Compromise. It provided that "representatives shall be apportioned... counting the whole number of persons in each State, excluding Indians not taxed."
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The Fugitive Slave Clause
The inclusion of this clause in the Constitution was an attempt to compromise between Southern states, where slavery was a vital part of the economy, and states that had abolished or were contemplating abolishing slavery. The clause aimed to ensure that slavery was considered a state-level issue rather than a federal one, with the laws of individual states taking precedence over federal law.
Despite its constitutional authority, resistance to the enforcement of the Fugitive Slave Clause grew in the North during the 19th century. Several Northern states enacted personal liberty laws to protect their Black residents from kidnapping and provide procedural safeguards for accused fugitives. The broad language of the clause and its enforcement mechanisms enabled the kidnapping and illegal enslavement of free African Americans, as illustrated by the case of Solomon Northup, who was abducted in Washington, D.C. and enslaved in Louisiana for twelve years.
The legitimacy of the Fugitive Slave Clause was debated by legal scholars, with some arguing that its vague wording was a political compromise to avoid overtly endorsing slavery at the federal level, while others contended that it entrenched the power of slaveholders. The subsequent enactment of the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has rendered the clause largely irrelevant.
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The Slave Trade Clause
This clause was a compromise between the Southern states, where slavery was a significant part of the economy, and the states where slavery had been abolished or was being contemplated for abolition. By including this clause, the framers of the Constitution avoided directly addressing the issue of slavery, which left seeds for future conflict. The compromise ensured that Southern states, such as South Carolina and Georgia, would join the Union.
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The Civil War and the 13th, 14th, and 15th Amendments
The Constitution of the United States, drafted in 1787, did lend legal support to the practice of slavery. However, it is important to note that the word "slavery" is not mentioned in the Constitution. Instead, provisions related to slavery are included in clauses such as the "'Importation of Persons' Clause" and the "Three-Fifths Clause".
The complex relationship between slavery and the Constitution resulted in diremption between legality and legitimacy, ultimately leading to the Civil War. The Civil War and the subsequent 13th, 14th, and 15th Amendments to the Constitution, also known as the Reconstruction Amendments, played a crucial role in addressing the issue of slavery and its legacy in the United States.
The 13th Amendment, passed by Congress even before the Civil War had ended, outlawed slavery. However, after the war, white southerners passed laws known as Black Codes, which restricted the rights of freed slaves. In response, Congress passed the Civil Rights Act of 1866, ensuring black citizenship. The 14th Amendment further solidified birthright citizenship and due process, providing "equal protection of the laws" under federal and state governments. It also eliminated the Three-Fifths Rule and punished states that did not permit male citizens over the age of 21 to vote.
The 15th Amendment focused on expanding voting rights by prohibiting discrimination based on "race, color, or previous condition of servitude." This amendment aimed to protect the voting rights of African Americans, who had faced violence and intimidation from white southerners and organisations like the Ku Klux Klan when they attempted to exercise their political power.
The Reconstruction Amendments were essential for reuniting the country during the Reconstruction era. They provided the legal basis for enforcing civil rights and voting rights for African Americans, as well as ending slavery. The Amendments also granted Congress the power to enforce their provisions through federal legislation, such as the Civil Rights Acts of 1866 and 1875 and the Enforcement Acts of 1870-1871.
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Frequently asked questions
The Importation Clause, or Article 1, Section 9, Clause 1, states that the federal government cannot ban the importation of "persons" (which at the time referred to enslaved African persons) where state governments allowed it. This clause prevented Congress from banning the slave trade for 20 years.
The Three-Fifths Clause, or Article 1, Section 2, Paragraph 3, states 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 made up around a third of the Southern states' population. This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Fugitive Slave Clause, also known as the Slave Trade Clause, states that a slave is a "person held to service or labor in one state, under the laws thereof." This clause implicated the federal government and its officers in the active protection of people as property, and required that fugitive slaves be returned to their masters, even in free states.
