Jonah Patel
The US Constitution is a controversial document in regard to slavery. While it does not explicitly mention the word slavery, it does contain clauses that refer to the practice. The Three-Fifths Clause, for instance, gave the South extra representation in the House of Representatives and extra votes in the Electoral College by counting three-fifths of a state's slave population when apportioning representation. Article IV, Section 2, Clause 3, also known as the Fugitive Slave Clause, ensured that slaves could not escape slavery by moving to another state. Article I, Section 9, Clause 1, meanwhile, allowed Congress to pass legislation outlawing the Importation of Persons, which was eventually passed in 1808.
| Characteristics | Values |
|---|---|
| The Constitution indirectly addressed slavery without using the terms "slavery" or "slave" | Fugitive Slave Clause, Article IV, Section 2, Clause 3; Article I, Section 9, Clause 1; Article V |
| The Constitution laid the foundation for tragic events to follow | Three-Fifths Clause |
| The Thirteenth Amendment | "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 Fourteenth Amendment | Allows responses to institutional discrimination of state actors |
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What You'll Learn
The Fugitive Slave Clause
The exact wording of the Fugitive Slave Clause is as follows: "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." This clause gave slaveholders the right to reclaim their enslaved people who had escaped to free states or territories. It is important to note that the words "slave" and "slavery" are not explicitly mentioned in this clause, in line with the intentional avoidance of those terms in the Constitution.
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Article IV, Section 2, Clause 3
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."
It is important to note that the words "slave" and "slavery" are not explicitly mentioned in this clause, in line with the belief that the framers of the Constitution intentionally avoided using these terms. Instead, the clause refers to "Person held to Service or Labour", which typically implied slaves, apprentices, or indentured servants.
The Fugitive Slave Clause was a highly controversial aspect of the Constitution, sparking intense national debates before the Civil War. It reflected deep political divisions related to slavery, race, and citizenship. Southerners defended their slavery policies, citing interstate equality grounds provided by Article IV. In contrast, antislavery northerners argued for the right to travel and express their opinions in all states, despite local anti-anti-slavery policies.
The Fugitive Slave Clause was a significant issue during the Civil War, with South Carolina's secession declaration heavily emphasizing its importance to the state. An attempt to repeal this clause during the war failed. However, with the passage of the 13th Amendment, which abolished slavery, the clause became largely obsolete.
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The Three-Fifths Clause
It is important to note that while the Constitution may have laid the foundation for tragic events related to slavery, it also created a central government powerful enough to eventually abolish the institution. The Thirteenth Amendment, passed in 1865, abolished slavery throughout the United States, and the Civil Rights Section, created in 1939, focused on addressing issues of slavery and involuntary servitude.
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The Thirteenth Amendment
Following the Emancipation Proclamation, Lincoln recognised that a constitutional amendment was necessary to guarantee the abolishment of slavery. He made the passage of the Thirteenth Amendment his top legislative priority after winning re-election in 1864. Lincoln played an active role in ensuring the amendment's passage through Congress, and it was approved by President Lincoln on February 1, 1865. The Thirteenth Amendment was the first of two ratified amendments to be signed by a President.
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The Missouri Compromise
In late 1819, Missouri renewed its application for statehood, and Speaker of the House Henry Clay proposed admitting Missouri as a slave state while simultaneously admitting Maine as a free state. This proposal was known as the joint statehood bill. The Senate added a second part to the bill, banning slavery in all of the former Louisiana Purchase lands north of the 36°30' parallel, which ran along Missouri's southern border.
The combined measures passed the Senate but were voted down in the House by Northern representatives who wanted to see Missouri admitted as a free state. In a bid to break the deadlock, Speaker of the House Henry Clay divided the Senate bills. Clay and his allies pressured some Southerners in the House to submit to the passage of the Thomas proviso, which excluded slavery from the remaining lands of the Louisiana Purchase north of the 36°30' parallel. They also manoeuvred some Northern representatives to support Missouri's admission as a slave state.
On March 3, 1820, the House passed the Senate version of the bill, and President James Monroe signed it into law on March 6, 1820. The Missouri Compromise admitted Missouri as a slave state and Maine as a free state, maintaining the balance between slave and free states in the nation. It also prohibited slavery in the remaining Louisiana Purchase lands north of the 36°30' parallel.
While the Missouri Compromise temporarily eased tensions and kept the peace, it failed to resolve the fundamental question of slavery's place in the nation's future. Southerners opposed the compromise because it set a precedent for Congress to make laws concerning slavery, while Northerners disliked the expansion of slavery into new territories. The compromise both delayed and contributed to the American Civil War. In 1854, the Kansas-Nebraska Act effectively repealed the Missouri Compromise, and in 1857, the Supreme Court ruled it unconstitutional in the Dred Scott v. Sandford decision, further escalating tensions over slavery.
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