Isabella Carter
The slave trade was abolished under the United States Constitution in 1808, with the enactment of the Act Prohibiting Importation of Slaves. This legislation was promoted by President Thomas Jefferson, who called for its enactment in his 1806 State of the Union Address. The Act made it a federal crime to import slaves into the United States, with heavy penalties imposed on international traders. However, it is important to note that this Act did not end slavery itself or the domestic sale of slaves within the country. The 13th Amendment to the Constitution, passed in 1865, finally abolished slavery and involuntary servitude in the United States, except as punishment for a crime.
| Characteristics | Values |
|---|---|
| Date of abolition of slave trade under the constitution | 1st January 1808 |
| Act | The Act Prohibiting Importation of Slaves |
| Year of the Act | 1807 |
| Date of approval of the Act | 2nd March 1807 |
| Amendment | 13th Amendment |
| Year of the Amendment | 1865 |
| Date of approval of the Amendment | 6th December 1865 |
| Amendment led by | President Abraham Lincoln |
| Date of the Emancipation Proclamation | 1st January 1863 |
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What You'll Learn
The 13th Amendment (1865)
The 13th Amendment to the US Constitution, passed on January 31, 1865, abolished slavery and involuntary servitude in the United States, with the exception of punishment for a crime. It was ratified on December 6, 1865, by 27 of the then 36 states, fulfilling the requirement of ratification by three-fourths of states.
The 13th Amendment was the first of three Reconstruction Amendments following the American Civil War (1861-1865), preceded by the Emancipation Proclamation issued by President Abraham Lincoln on January 1, 1863, which declared that "all persons held as slaves...shall be then, thenceforward, and forever free." The Proclamation, however, only applied to areas of the Confederacy in rebellion and not to the "border states" that remained in the Union, such as Maryland, Missouri, Delaware, and Kentucky.
The 13th Amendment was preceded by a series of legislative efforts and political shifts aimed at abolishing slavery. During the Civil War, some jurisdictions abolished slavery, and Union measures such as the Confiscation Acts and the Emancipation Proclamation contributed to ending slavery in most places. The end of the war saw several states, including Tennessee, West Virginia, and Maryland, abolishing slavery before the passage of the 13th Amendment.
The 13th Amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans, providing a constitutional solution to the issue of slavery and ensuring that it could no longer be sanctioned under federal law.
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The Fugitive Slave Clause
The importation of slaves into the United States was prohibited by the Act Prohibiting Importation of Slaves, which took effect on January 1, 1808—the earliest date permitted by the US Constitution. However, the Act did not end the domestic sale of slaves or the internal trade in states or between states.
> 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 enabled the kidnapping of free African Americans, who were then illegally enslaved. For example, Solomon Northup, a free man, was abducted in Washington, D.C., and enslaved in Louisiana for 12 years. In the 19th century, Northern resistance to the enforcement of the Fugitive Slave Clause increased, especially after the enactment of the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect their Black residents from kidnapping.
The Thirteenth Amendment to the US Constitution, which abolished slavery except as a punishment for criminal acts, has made the Fugitive Slave Clause mostly irrelevant.
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The Three-Fifths Clause
The Three-Fifths Compromise, also known as the Constitutional Compromise of 1787, was an agreement reached during the 1787 United States Constitutional Convention. It was a compromise between the Southern states, where slavery was pivotal to the economy, and the Northern states, where the abolition of slavery had been accomplished or was contemplated. The Southern states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. On the other hand, the Northern states wanted to exclude the counting of slave populations in the Southern states, since those slaves had no voting rights.
The Three-Fifths 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. This gave the Southern states more power in the House relative to the North. The Three-Fifths Compromise is part of Article 1, Section 2, Clause 3 of the U.S. Constitution. It states: "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 who made up around a third of the Southern states' population at the time.
The three-fifths ratio was proposed by James Madison, who explained his reasoning in Federalist No. 54, "The Apportionment of Members Among the States" (February 12, 1788). Madison argued that slaves were not merely property but were also persons. However, this amendment ultimately failed to gain unanimous approval to amend the Articles of Confederation.
The Three-Fifths Compromise was superseded and repealed by Section 2 of the Fourteenth Amendment in 1868, which provided that "representatives shall be apportioned... counting the whole number of persons in each State, excluding Indians not taxed."
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The Slave Trade Act (1794)
The Slave Trade Act of 1794, also known as "An Act to prohibit the carrying on the Slave Trade from the United States to any foreign place or country", was passed on March 22, 1794. The Act prohibited American ships from participating in the slave trade, effectively limiting the trade to foreign ships. It made it illegal for American citizens or residents to build, fit, equip, load, or otherwise prepare any ship within US ports for the purpose of carrying on the slave trade or procuring individuals to be sold as slaves.
The Slave Trade Act of 1794 was a significant step in regulating the international slave trade and reflected a growing trend towards abolition. However, it did not end the practice of slavery or the domestic sale of slaves within the United States. It is important to note that the Act only affected the import and export of slaves, while the internal trade within and between states continued.
The 1794 Act was modified by the Slave Trade Act of 1800, which introduced additional penalties for violations. For example, Section 2 allowed for forfeiture by owners and a possible $2,000 fine, while Section 3 affected foreign merchants. The 1800 Act also outlawed US citizens' investment in the trade and their employment on ships involved. Despite these measures, some individuals continued to engage in the slave trade illegally, and cases of violations were documented well into the 19th century.
The Slave Trade Act of 1794 was a pivotal moment in the history of slavery in the United States, setting the stage for further legislation and efforts towards abolition. It demonstrated a commitment to addressing the moral, political, and economic issues surrounding slavery and the international slave trade. While the Act did not immediately end the practice, it represented a significant step forward in the long journey towards abolishing slavery and recognizing the fundamental human rights of all individuals.
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The Act Prohibiting Importation of Slaves (1807)
The Act Prohibiting Importation of Slaves, passed on March 2, 1807, was a landmark piece of legislation that prohibited the importation of slaves into the United States. It was signed into law by President Thomas Jefferson, who had promoted the legislation since the 1770s and called for its enactment in his 1806 State of the Union Address. The Act took effect on January 1, 1808, the earliest date permitted by the United States Constitution, and imposed heavy penalties on international slave traders.
The Act reflected the growing trend towards abolishing the international slave trade, which had been restricted or prohibited by all states except South Carolina. It was a significant step towards ending slavery in the United States, but it did not abolish the practice of slavery or the domestic slave trade within the country. The Act only affected the import and export of slaves and did not impact the internal trade within states or between states. While it was a crucial step in the right direction, the Act did not end slavery in the United States, and tens of thousands of slaves were still smuggled into the country after its enactment.
The Act Prohibiting Importation of Slaves was promoted by President Thomas Jefferson, who played a crucial role in its passage. In his annual message to Congress on December 2, 1806, Jefferson denounced the "violations of human rights" inflicted on the "unoffending inhabitants of Africa." With Jefferson's support, Joseph Bradley Varnum of Massachusetts led the legislative effort in Congress, and the Act passed both houses on March 2, 1807. Jefferson promptly signed the bill into law, demonstrating his commitment to ending the slave trade.
The Act Prohibiting Importation of Slaves was a significant milestone in the long journey towards abolishing slavery in the United States. While it did not immediately end the practice of slavery, it represented a crucial step in recognizing the inhumane nature of the slave trade and the need to protect the human rights of all people. The Act was a product of years of advocacy and marked a turning point in the fight for freedom and equality. Despite its limitations and the ongoing struggle against slavery, the Act stands as a testament to the power of legislative action and the enduring pursuit of justice.
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Frequently asked questions
The Act Prohibiting Importation of Slaves of 1807 prohibited the importation of slaves into the United States. It came into effect on January 1, 1808, the earliest date permitted by the US Constitution.
The 1808 Act imposed heavy penalties on international traders, but it did not end slavery or the domestic sale of slaves.
This clause, also known as the "Importation of Persons Clause", prohibited the federal government from limiting the importation of "persons" (understood to be enslaved African persons) until 20 years after the Constitution took effect.
The Act only affected the import or export of slaves and did not impact the internal trade within states. It drove the trade underground and ships caught illegally trading were brought into the US and their passengers sold into slavery.
Slavery was abolished in the US with the passing of the 13th Amendment in 1865.
