Eleanor Finch
The original US Constitution, drafted in 1787, did not contain the word slave, despite slavery being a fiercely debated topic during the Constitutional Convention. The document included four clauses that indirectly addressed slavery and the slave trade, including the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, and the Fugitive Slave Clause, which required that escaped slaves be returned to their enslavers. The framers' conflicted stance towards slavery led them to prioritise political unity over abolition, resulting in key compromises that protected slaveholding interests. The economic and political realities of slavery also made substantive action impossible during the Constitutional Convention. The Constitution's ambiguous language on slavery contributed to ongoing disputes about whether it was pro-slavery or anti-slavery in nature.
| Characteristics | Values |
|---|---|
| Date of drafting | 1787 |
| Date of ratification | 1789 |
| States where slavery was banned | New England, Pennsylvania, Northwest Territory |
| States where slavery was present | Southern states |
| Number of delegates to the Constitutional Convention | 55 |
| Number of delegates who owned slaves | 25 |
| Clauses related to slavery | Fugitive Slave Clause, Three-Fifths Clause, Importation of Persons Clause |
| Compromises | Great Compromise, Missouri Compromise, Compromise of 1850, Kansas-Nebraska Act |
| Amendments | Thirteenth, Fourteenth, Fifteenth |
| Year slavery officially ended in the US | 1865 |
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What You'll Learn
The Three-Fifths Clause
The Three-Fifths Compromise stated that three-fifths of each state's slave population would be counted toward that state's total population for the purpose of apportioning the House of Representatives. This effectively gave the Southern states, where slavery was pivotal to the economy, more power in the House relative to the Northern states. The compromise was proposed by James Madison, who explained his reasoning in Federalist No. 54, stating that slaves were considered "in no respect whatever as persons".
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The Fugitive Slave Clause
The clause was a compromise between the Northern and Southern states, as slavery was a way of life in the South, while many Northern states did not allow it. The Fugitive Slave Clause gave slaveholders a constitutional right to recover their "property" from another state. Notably, the words "slave" and "slavery" are not mentioned in the clause. Instead, the phrase “legally held to service or labor in one state” was changed to "held to service or labour in one state, under the laws thereof". This revision ensured that the Constitution did not legally sanction slavery.
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The Slave Trade Clause
> "The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person."
This clause effectively prohibited Congress from banning the importation of slaves until 1808, providing a 20-year grace period for the slave trade to continue. During this time, popular support for the abolition of the slave trade grew, and Congress passed statutes regulating the trade. The use of the phrase "Migration or Importation of such Persons" is a careful avoidance of the word "slavery" and is indicative of the framers' conflicted stance on the issue.
The inclusion of this clause was a compromise between Northern and Southern states, essential for the ratification of the Constitution and the formation of the Union. The Southern states relied heavily on slave labour in agriculture, and the delegates from these states threatened to refuse to join the Union if the Constitution restricted the slave trade. As a result, the framers of the Constitution sidestepped the issue, leaving the seeds for future conflict.
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Framers' views on slavery
The original US Constitution, drafted in 1787, did not contain the word "slavery". However, it had four clauses that indirectly addressed slavery and the slave trade. The Importation Clause, or the Importation of Persons Clause, in Article I, Section 9, prevented Congress from banning the slave trade for 20 years. The Three-Fifths Clause, a cornerstone of the Great Compromise, counted three-fifths of all "other persons"—which included slaves—for the purposes of apportioning seats in the House of Representatives and levying certain types of taxes. Article V, while not mentioning slavery specifically, prohibited amendments prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the trade in enslaved persons or levy certain taxes on land or enslaved persons. The fourth clause was the Fugitive Slave Clause, which stated that “No person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall...be discharged from such Service or Labour..."
Many of the framers harboured moral qualms about slavery. The "Father of the Constitution", James Madison, attacked slavery early in the Convention, stating:
> We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man.
Another Virginian, George Mason, who owned hundreds of slaves, feared that slavery brought down "the judgment of heaven on a country". Luther Martin of Maryland, a slaveholder, said that the slave trade should be subject to federal regulation since the entire nation would be responsible for suppressing slave revolts. He also considered the slave trade contrary to America's republican ideals, stating:
> It is inconsistent with the principles of the Revolution...and dishonorable to the American character to have such a feature in the constitution.
However, the framers believed that concessions on slavery were the price for the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union. Thus, the framers made a prudential compromise with slavery because they sought to achieve their highest goal of a stronger Union of republican self-government. As a result, the Constitution temporarily strengthened slavery, but it also created a central government powerful enough to eventually abolish the institution.
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The Thirteenth Amendment
The original US Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery". 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. The Three-Fifths Clause (Article I, Section 2, Clause 3) counted three-fifths of each state's slave population towards that state's total population for the purpose of apportioning the House of Representatives. This gave Southern states more power in the House and in the Electoral College. The Slave Trade Clause (Article I, Section 9, Paragraph 1) prohibited Congress from banning the importation of slaves until 1808. The Fugitive Slave Clause also protected slaveholding interests. The framers' use of euphemisms like "persons held to Service or Labour" reflected their attempt to avoid direct references to slavery while preserving the institution.
> "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."
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Frequently asked questions
No, the word "slavery" does not appear in the original US Constitution. The framers of the Constitution consciously avoided using the word, recognising that it would sully the document.
The framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union.
Yes, there are four clauses that indirectly address slavery and the slave trade, although they do not use those terms. These include the Three-Fifths Clause, the Fugitive Slave Clause, the Importation of Persons Clause, and the Slave Trade Clause.
The Three-Fifths Clause 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 enslaved African Americans, who made up around a third of the population of the Southern states at that time.
