Simone Lawson
The Slave Trade Compromise was a contentious issue during the drafting of the U.S. Constitution, reflecting the divide between Northern and Southern states. The compromise, found in Article 1, Section 9, Clause 1, prohibited Congress from banning the importation of enslaved people for 20 years, until 1808. This concession to Southern states, where slavery was economically pivotal, allowed the continuation of the slave trade, while providing a timeline for its eventual abolition. The compromise, though unsustainable, was essential for the ratification of the Constitution and the formation of the Union.
| Characteristics | Values |
|---|---|
| Date of compromise | August 25, 1787 |
| Location in the Constitution | Article 1, Section 9, Clause 1 |
| Clause content | "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." |
| Clause expiration | 1808 |
| Clause impact | Banned the importation of enslaved people from Africa into the United States |
| Compromise terms | For 20 years, there would be no restriction on the slave trade, and in return, the federal government could make laws requiring American ships to be used in all commerce to benefit shipbuilders and maritime men in the northeast region. |
| Fugitive slave clause | Required the return of runaway slaves to their owners |
| Three-fifths Compromise | Counted three-fifths of a state's slave population for representation |
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What You'll Learn
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 reflected a compromise between the Northern and Southern states, allowing the continuation of slavery but limiting the time for the Atlantic Slave Trade. The Southern states, where slavery was pivotal to the economy, agreed to the potential cessation of the slave trade in 1808 in exchange for a 20-year ban on any restrictions. This compromise was seen as a way to enable the institution of slavery to eventually die out in America.
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The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. A compromise was struck to resolve this impasse. The 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, effectively giving the Southern states more power in the House relative to the North.
> 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 three-fifths ratio was proposed by James Madison and James Wilson, and seconded by Charles Pinckney. It was an imperfect compromise that allowed for the preservation of the republic while also confronting the moral and systemic evils of slavery.
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Fugitive slave clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. The clause requires that a "Person held to Service or Labour" (usually a slave, apprentice, or indentured servant) who escapes to another state must be returned to their master in the state from which they fled. The clause was created as part of a compromise between Northern and Southern states, which allowed the importation of slaves for 20 years after the Constitution took effect, in exchange for a ban on restrictions on the Atlantic slave trade.
The Fugitive Slave Clause 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 words "slave" and "slavery" are notably absent from the clause, which may be because the drafters of the Constitution were embarrassed to use the word "slavery", or because they did not want to suggest that slavery was recognised under federal law. Historian Donald Fehrenbacher believes that the Constitution intended to make it clear that slavery existed only under state law, not federal law. This is supported by the last-minute change to the clause, which removed the phrase "legally held to service or labour in one state" and replaced it with "held to service or labour in one state, under the laws thereof".
The Fugitive Slave Clause was controversial and led to increased resistance in the North, especially after the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect free Black residents from kidnapping and provide safeguards for accused fugitives. The Supreme Court's interpretation of the clause stated that the owner of an enslaved person had the same right to seize and repossess them in another state as the local laws of their own state granted to them, and that state laws that penalised such a seizure were unconstitutional. The broad language of the clause and its enforcement mechanisms enabled the kidnapping of free African Americans, who were then illegally enslaved.
The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment's abolition of slavery, except as a punishment for criminal acts.
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The Civil War
The Southern states also agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, benefiting the shipbuilding industry in the Northeast. In exchange, the Constitution included a provision to ban the importation of slaves starting in 1808, though it did not use the word "slave". This was a compromise between the abolitionists and the pro-slavery factions, with the former pushing for a ban in 1800 and the latter for 1808. The compromise also included a fugitive slave clause, requiring escaped slaves to be returned to their owners.
The Three-Fifths Compromise was essential to Thomas Jefferson's election victory in 1800. However, the compromise and the concessions made to the Southern states laid the foundation for future conflict. The issue of slavery was a crack in the foundation of the nation, which violently came apart in the constitutional crisis of the Civil War. The Civil War ended with the Union's victory and the abolition of slavery, which was sealed with the Thirteenth, Fourteenth, and Fifteenth Amendments.
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The 13th Amendment
The Slave Trade Clause, or the Slavery Compromise, was a compromise between the Northern and Southern states that allowed the continuation of slavery and the Atlantic Slave Trade for 20 years, until 1808. This compromise was made to ensure the ratification of the Constitution and the formation of the Union, but it ultimately failed to prevent the Civil War. The Slave Trade Clause, found in Article 1, Section 9, Clause 1, reads:
> "The migration or importation of such persons as the several states now existing shall think proper to admit, shall not be prohibited by the legislature prior to the year 1808."
This clause prohibited the federal government from interfering with the importation of "persons" (which at the time referred to enslaved Africans) into states that allowed slavery. The compromise was designed to appease Southern states, where slavery was a significant part of the economy, while also addressing the growing opposition to the slave trade in the North.
However, the Slave Trade Clause did not end slavery or the slave trade. It took the Civil War, the Emancipation Proclamation issued by President Lincoln in 1863, and the subsequent passage and ratification of the 13th Amendment to finally abolish slavery in the United States. The 13th Amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and provided a constitutional solution to the issue of slavery.
> "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 ensures that slavery and involuntary servitude are prohibited within the United States and any place under its jurisdiction, except as punishment for crimes where a person has been duly convicted. It empowers Congress to enforce this article through appropriate legislation, marking a significant shift from the Slave Trade Clause, which restricted federal power over slavery.
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Frequently asked questions
The Slave Trade Compromise was an agreement that allowed the continuation of slavery but limited the time for the Atlantic Slave Trade.
The compromise allowed for the importation of enslaved people from Africa until 1808. It also allowed Congress to tax enslaved people as property.
The compromise was a major dividing issue that sectionalized the states and shaped American politics. It can be considered one of the causes of the Civil War, which ultimately ended slavery.
The Slave Trade Compromise can be found in Article 1, Section 9, Clause 1 of the US Constitution.
The Slave Trade Compromise was necessary to achieve the necessary number of votes for ratification of the Constitution and formation of the Union. It was a compromise between Northern and Southern states, with the former seeking to ban the slave trade and the latter relying on it economically.
