The Constitution, Slavery, And America's Founding

The Constitution was ratified in 1788, and slavery was not abolished until 1865. The Constitution's language conveys disapproval of slavery, but the early Congresses did not prevent the spread of slavery. The ratification of the Constitution reflected a compromise between Northern and Southern states, which was ultimately unsustainable, as shown by the Civil War.

Explore related products

Slavery's Constitution: From Revolution to Ratification

$17.1 $19.99

Class Conflict, Slavery, and the United States Constitution

$19.77 $28

A Slaveholders' Union: Slavery, Politics, and the Constitution in the Early American Republic

$32 $31.99

Slavery’s Fugitives and the Making of the United States Constitution

$36.02 $45

Frederick Douglass, Slavery, and the Constitution, 1845 (Reacting to the Past)

$41.56

A Necessary Evil?: Slavery and the Debate of the Constitution

$91.72

The Constitution was not pro-slavery, but it didn't prevent it

The Constitution's provisions related to slavery reflected a compromise between Northern and Southern states that was essential to its ratification and the formation of the Union. This compromise was ultimately unsustainable, as shown by the Civil War. The drafters of the Constitution may have been too embarrassed to use the word "slavery", or they may have wanted to suggest that slavery was not recognised under federal law, but rather existed only as a result of state laws.

The 13th Amendment to the Constitution, passed by Congress on 31 January 1865 and ratified on 6 December 1865, abolished slavery in the United States. However, some Black Americans, particularly in the South, continued to be subjected to other forms of involuntary labour, such as under the Black Codes.

The Declaration of Independence says 'all men are created equal'

The Declaration of Independence, written in 1776, states that "all men are created equal". This phrase has come to be seen as emblematic of America's founding ideals. However, it is important to note that the drafters of the Constitution , which was ratified in 1865, did not explicitly mention slavery. There was deep tension between the practice of slavery and the notion in the Declaration of Independence that all men are created equal. Some historians argue that the drafters of the Constitution were too embarrassed to use the word "slavery", while others suggest that they did not want to recognise slavery under federal law, but rather as a result of state laws.

The phrase "all men are created equal" was penned by Thomas Jefferson and stylised by Benjamin Franklin. It reflects the influence of John Locke's second treatise on government, particularly his belief in inherent equality and individual liberty. However, it is important to note that the founding fathers' view of equality was different from how it was interpreted in later decades. Jefferson was not talking about individual equality, but rather the right of the American colonists to self-government and to assume their "separate and equal station" among other nations.

In the 19th century, the principle of equality was challenged by figures such as Senator John C. Calhoun, who called it an "utterly false view of the subordinate relation of the black to the white race". The idea of equality of the races was also disputed in the infamous Dred Scott v. Sanford (1857) decision, where Chief Justice Roger Taney opined that the Declaration of Independence did not include the enslaved African race. Despite these challenges, the 13th Amendment to the Constitution, passed in 1865, abolished slavery throughout the United States.

The drafters of the Constitution may have been embarrassed to use the word 'slavery'

The Constitution was not pro-slavery. Its language conveys disapproval of slavery, and its principles of natural right are resolutely anti-slavery. However, the early Congresses did not prevent the spread of slavery. Between 1798 and 1822, Congress enacted 10 territorial acts. Only half excluded slavery. As a result, seven slaveholding states and five free states were admitted into the Union.

The constitutional provisions related to slavery reflected a compromise between Northern and Southern states that was essential to the ratification of the Constitution and the formation of the Union. However, this compromise was ultimately unsustainable, as shown by the Civil War.

Slavery was finally abolished in the US by the 13th Amendment, which was passed by Congress on 31 January 1865 and ratified on 6 December 1865. The Amendment states 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'.

Explore related products

Creating a More Perfect Slaveholders' Union: Slavery, the Constitution, and Secession in Antebellum America (Constitutional Thinking)

$10.76 $59.99

Born Equal: Remaking America’s Constitution, 1840–1920

$36.96 $40

Lincoln's Constitution

$14.08 $17

Lincoln and the Politics of Slavery: The Other Thirteenth Amendment and the Struggle to Save the Union (Civil War America)

$56.51 $27.95

The U.S. Constitution and Secession: A Documentary Anthology of Slavery and White Supremacy

$29.99 $37.99

A Glorious Liberty: Frederick Douglass and the Fight for an Antislavery Constitution

$19.95 $19.95

The Constitution was a compromise between Northern and Southern states

Some historians have argued that the drafters were too embarrassed to use the word "slavery", while others have suggested that they did not want to suggest that slavery was recognised under federal law, but rather existed only as a result of state laws. The constitutional provisions related to slavery reflected a compromise between Northern and Southern states that was essential to the ratification of the Constitution and the formation of the Union. However, this compromise was ultimately unsustainable, as shown by the Civil War.

Between 1798 and 1822, Congress enacted 10 territorial acts, only half of which excluded slavery. As a result, seven slaveholding states and five free states were admitted into the Union. The existing slaveholding states that had ratified the Constitution continued to allow the growth of slavery within their borders.

The 13th Amendment to the Constitution, passed by Congress on 31 January 1865 and ratified on 6 December 1865, abolished slavery throughout the United States. However, some black Americans, particularly in the South, continued to be subjected to other forms of involuntary labour, such as under the Black Codes.

The 13th Amendment abolished slavery in 1865

The 13th Amendment to the US Constitution abolished slavery in 1865. The Amendment states 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 passed by Congress on January 31, 1865, and ratified on December 6, 1865.

The 13th Amendment was the culmination of a long and contentious debate over slavery in the United States. When the Constitution was ratified in 1787, slavery existed in the United States, and the issue of slavery was a major point of contention between the Northern and Southern states. The drafters of the Constitution did not explicitly mention slavery, perhaps due to embarrassment or a desire to avoid suggesting that slavery was recognised under federal law. Instead, they included provisions that reflected a compromise between the North and the South, such as the Three-Fifths Compromise and the Fugitive Slave Clause.

The early Congresses failed to prevent the spread of slavery, and the admission of new slaveholding states into the union further exacerbated tensions. By the mid-19th century, the issue of slavery had become a full-blown crisis, leading to the Civil War.

The 13th Amendment was drafted to ensure that abolition was beyond legal challenge. It was passed by the Senate on April 8, 1864, and by the House on January 31, 1865, after extensive legislative manoeuvring by the Lincoln administration. The Amendment was swiftly ratified by nearly all Northern states and a sufficient number of border states, bringing the total to 27 states and leading to its adoption before the end of 1865.

While the 13th Amendment abolished slavery throughout the United States, some Black Americans, particularly in the South, continued to face discrimination and involuntary labour, such as under the Black Codes. Nonetheless, the Amendment marked a significant step forward in the fight for equality and freedom.

Frequently asked questions