Eleanor Finch
The original United States Constitution, drafted in 1787 and ratified in 1789, never used the words slave or slavery in its text. However, it directly addressed American slavery in at least five of its provisions and indirectly protected the institution. The omission of these terms was intentional, as the framers of the Constitution believed that slavery was morally wrong and would eventually die out. The Constitution's ambiguous language and specific clauses, such as the Three-Fifths Clause, the Fugitive Slave Clause, and the Migration or Importation Clause, have sparked debates about whether it was a pro-slavery or anti-slavery document. It was not until the 13th Amendment to the Constitution, passed in 1865, that slavery was explicitly abolished in the United States.
| Characteristics | Values |
|---|---|
| Date of the first draft of the Constitution | 21st August 1787 |
| Date of the Constitution's drafting | 1787 |
| Date of the Constitution's ratification | 1789 |
| The Constitution's reference to slavery | The Constitution never used the words "slave" or "slavery" |
| The Constitution's reference to slaves | Referred to as "persons" |
| The Constitution's stance on slavery | Disputed |
| Abolition of slavery in the US | 13th Amendment to the Constitution, passed on 31st January 1865 and ratified on 6th December 1865 |
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What You'll Learn
- The word slavery was not used in the Constitution, but it dealt with American slavery in several provisions
- The Three-Fifths Clause counted slaves as three-fifths of a person, giving the South more representation
- The Fugitive Slave Clause allowed for the return of runaway slaves
- The Migration or Importation Clause allowed Congress to end the importation of slaves from Africa in 1808
- The 13th Amendment to the Constitution, passed in 1865, abolished slavery in the United States
The word slavery was not used in the Constitution, but it dealt with American slavery in several provisions
The original United States Constitution did not contain the words "slave" or "slavery" within its text. However, it addressed American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. The Constitution was drafted in 1787 and ratified in 1789. At that time, slavery was banned by the states in New England and Pennsylvania and by the Congress of the Confederation in the Northwest Territory, via the Northwest Ordinance.
The Constitution's framers consciously avoided using the word "slavery," recognizing that it would sully the document. They believed that concessions on slavery were the price for the support of southern delegates for a strong central government. The framers were convinced that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. This belief was challenged by some delegates to the Constitutional Convention, such as Luther Martin of Maryland, who considered the slave trade contrary to America's republican ideals.
The Constitution included several provisions that impacted enslaved people. The Three-Fifths Clause (Article I, Section 2) counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and the Electoral College. The Migration or Importation Clause (Article I, Section 9) allowed Congress to end the importation of slaves from Africa in 1808. The Fugitive Slave Clause (Article IV, Section 2) applied to "Persons held to Service or Labour," which did not include slaves, as they were considered property. The clause giving Congress the power to "suppress Insurrections" (Article I, Section 8) provided Congress with the authority to end slavery if it was deemed a source of insurrection.
The Constitution's impact on slavery remained a contentious issue throughout US history, with debates centred around whether it was pro-slavery or anti-slavery. Proposals to eliminate slavery by constitutional amendment were introduced as early as 1818 by Representative Arthur Livermore, but they failed to gain traction. The issue of slavery in new territories dominated national discussions as the country expanded. The 1820 Missouri Compromise admitted Missouri as a slave state and Maine as a free state, preserving the Senate's regional equality.
The 13th Amendment, passed in 1865, ultimately abolished slavery in the United States, stating that "neither slavery nor involuntary servitude, except as a punishment for crime... shall exist within the United States." This amendment, along with the 14th and 15th Amendments, significantly expanded the civil rights of Americans.
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The Three-Fifths Clause counted slaves as three-fifths of a person, giving the South more representation
The original United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. One such provision was the Three-Fifths Clause, also known as the Three-Fifths Compromise, which 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, where most slaves were forced to work in agriculture, more power in the House relative to the Northern states.
The Three-Fifths Compromise was proposed by Charles Pinckney of South Carolina, who suggested that for the purposes of apportionment, a "House of Delegates" be determined through the apportionment of "one Member for every thousand Inhabitants 3/5 of Blacks included." While the Convention initially rejected this proposal, it was later agreed to by nine states with only a brief debate. The compromise was struck to resolve the impasse between slave-holding states, which wanted their entire population to be counted to determine the number of Representatives they could send to Congress, and free states, which wanted to exclude the counting of slave populations in slave states since those slaves had no voting rights.
The Three-Fifths Clause had significant implications for representation in the House of Representatives and gave the South extra representation in the House and extra votes in the Electoral College. This effectively increased the number of pro-slavery legislators and gave slaveholders enlarged powers in Southern legislatures. The clause also had consequences for the secession of West Virginia from Virginia in 1863. While the Three-Fifths Compromise applied to the slave population, free black people and indentured servants were not subject to it and were counted as one full person for representation.
The inclusion of the Three-Fifths Clause in the Constitution has been a subject of debate, with some arguing that it made the Constitution pro-slavery. Abolitionist William Lloyd Garrison, who burned the document in 1854, called it "a covenant with death and an agreement with Hell." On the other hand, others have argued that the Constitution could also be read as anti-slavery. For example, the Migration or Importation Clause (Article I, section 9) allowed Congress to end the importation of slaves from Africa in 1808, and the Fugitive Slave Clause (Article IV, section 2) does not apply to slaves but rather to "Persons held to Service or Labour."
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The Fugitive Slave Clause allowed for the return of runaway slaves
The original United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. One such provision was the Fugitive Slave Clause, which allowed for the return of runaway slaves.
The Fugitive Slave Clause, also known as Article 4, Section 2, Clause 3, stated 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.
In other words, the clause banned free states from freeing fugitives and required that escaped slaves be returned to their owners. This was included in the Constitution due to pressure from Southern politicians, who were concerned that the new free states would become safe havens for runaway slaves. The Fugitive Slave Clause was unanimously agreed upon by the delegates at the Constitutional Convention, despite some concerns about the potential cost of finding and delivering fugitives.
The Fugitive Slave Clause provided the legal basis for the Fugitive Slave Acts of 1793 and 1850, which clarified the processes by which enslavers or slaveowners could reclaim their property. These acts were highly controversial and led to increased resistance and criticism from abolitionists, particularly in the North. The 1850 act, in particular, was seen as biased in favor of Southern slaveholders and was met with impassioned opposition, with some states even attempting to nullify the law.
The Fugitive Slave Clause was effectively nullified by the 13th Amendment to the U.S. Constitution, ratified in 1865, which abolished slavery and prohibited involuntary servitude in the United States.
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The Migration or Importation Clause allowed Congress to end the importation of slaves from Africa in 1808
The original United States Constitution did not contain the words "slave" or "slavery" within its text. However, it addressed American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. The Constitution's framers consciously avoided using the word "slave", recognising that it would sully the document.
The Migration or Importation Clause, also known as the Act Prohibiting Importation of Slaves, is a United States federal law that prohibited the importation of slaves into the United States. It was passed by Congress in March 1807 and took effect on January 1, 1808, the earliest date permitted by the United States Constitution. The Act reflected the general trend toward abolishing the international slave trade, which had been prohibited or restricted by various states since Virginia first did so in 1777.
The Act was promoted by President Thomas Jefferson, who called for its enactment in his 1806 State of the Union Address. He and others had promoted the idea since the 1770s. The Act was a compromise between Northern and Southern states, with the former against and the latter for the continued importation of slaves. The Act prohibited the importation of slaves into any port or place within the jurisdiction of the United States from January 1, 1808, and imposed heavy penalties on international slave traders.
However, it is important to note that the Act did not end slavery itself nor the domestic sale of slaves. The interstate sale of slaves remained legal, and many Americans continued to engage in the slave trade by transporting Africans to other countries, such as Cuba and Brazil. Additionally, the importation of slaves into the United States continued illegally, with an estimated 50,000 slaves smuggled into the country after 1808, mainly through Spanish Florida and Texas.
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The 13th Amendment to the Constitution, passed in 1865, abolished slavery in the United States
The original United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it implicitly recognised slavery and indirectly protected the institution through various provisions, such as the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving Southern states more power.
The issue of slavery was a contentious one, with disputes arising over whether the Constitution was pro-slavery or anti-slavery. While some members of the Constitutional Convention objected to slavery, others consented to its implicit inclusion, laying the foundation for future conflict.
It was not until the 13th Amendment to the Constitution, passed in 1865, that slavery was officially abolished in the United States. The 13th Amendment states: "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." This amendment was passed at the end of the Civil War, after President Lincoln's Emancipation Proclamation of 1863, which declared that "all persons held as slaves within any State... shall be then, thenceforward, and forever free."
The 13th Amendment was passed by the Senate in April 1864 but initially failed to pass in the House. After President Lincoln's assassination, his successor, President Andrew Johnson, took an active role in ensuring the amendment's passage. By December 6, 1865, the necessary number of states (27 out of 36) had ratified the amendment, and it was proclaimed on December 18, 1865.
The 13th Amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and provided a final constitutional solution to the issue of slavery.
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Frequently asked questions
The words "slave" and "slavery" were never used in the original US Constitution.
The US Constitution had several clauses that pertained to the issue of slavery, including the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the Fugitive Slave Clause, and the slave insurrection clause.
The original US Constitution did not contain the words "slave" or "slavery" but it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution.
The 13th Amendment to the US Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States.
