Eleanor Finch
The United States Constitution, drafted and sent for ratification in 1787, did not contain the word slave, but slavery was a fiercely debated topic during the Constitutional Convention, and the document included protections for enslavement. While the 13th Amendment to the Constitution, ratified in 1865, officially ended slavery in the United States, the practice was established as a legal institution in each of the original Thirteen Colonies, starting in 1619 with the arrival of enslaved Africans in Virginia. In this context, it is worth examining which colonies, in addition to South Carolina, wrote slavery into their constitution.
| Characteristics | Values |
|---|---|
| Colonies that wrote slavery into their constitution | South Carolina, Georgia |
| Year the constitution was drafted | 1787 |
| Number of delegates to the convention | 55 |
| Number of delegates who owned slaves | ~25 |
| Compromise regarding the slave trade | No restrictions on the slave trade for 20 years |
| Clause regarding representation in Congress | Three-Fifths Clause |
| Clause regarding the return of fugitive slaves | Fugitive Slave Clause |
| Clause regarding the power to suppress insurrections | Slave Insurrection Clause |
| States that abolished slavery before 1804 | New York, New Jersey, Pennsylvania, Vermont |
| Number of slave states in 1850 | 15 |
| Year slavery was officially abolished in the US | 1865 |
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What You'll Learn
The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress. On the other hand, free states wanted to exclude the counting of slave populations in slave states, as those slaves had no voting rights. The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney. It 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 effectively gave the Southern states more power in the House relative to the North.
The three-fifths ratio was proposed by James Madison and predated the Constitutional Convention, having been previously debated in the Confederation Congress. It was first proposed as an amendment to the Articles of Confederation on April 18, 1783, by a committee of Congress. The amendment suggested that taxes should be "supplied by the several colonies in proportion to the number of inhabitants of every age, sex, and quality, except Indians not paying taxes". Benjamin Harrison of Virginia had proposed a one-half compromise, while several New Englanders suggested three-fourths, but neither gained sufficient support.
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The Fugitive Slave Clause
"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 simple terms, this clause ensured that escaped slaves could be legally recaptured and returned to their owners, even if they had fled to a state that had abolished slavery. It effectively prevented states from offering sanctuary to fugitive slaves and reinforced the institution of slavery by making it a constitutional requirement to return escaped slaves to their owners.
The inclusion of the Fugitive Slave Clause in the Constitution was a direct acknowledgment of the existence and legality of slavery in the early United States. It was added to the Constitution during the Constitutional Convention of 1787, a time when slavery was a deeply entrenched and contentious issue. The clause was proposed by Charles Pinckney of South Carolina, a state with a significant economic dependence on slavery and a large slave population.
Besides South Carolina, other colonies that incorporated slavery into their foundational documents include Massachusetts, Connecticut, New York, and New Jersey. These colonies had established legal codes or charters that recognized and regulated slavery before the drafting of the U.S. Constitution. However, the Fugitive Slave Clause stands out as a explicit constitutional provision that dealt directly with the status of fugitive slaves across state lines.
The impact of the Fugitive Slave Clause extended beyond the legal realm and had significant social and political consequences. It created a sense of insecurity among free blacks, as they could be captured and forced into slavery if accused of being a fugitive. The clause also hindered the abolitionist movement, as it legally compelled even free states to return escaped slaves to their owners. The enforcement of the Fugitive Slave Clause often involved harsh measures, with bounty hunters and local authorities empowered to capture and return escaped slaves, sometimes resulting in tragic incidents and family separations.
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The Importation Clause
The US Constitution, drafted in 1787, did not contain the word "slave". However, slavery was a contentious topic during the Constitutional Convention, and the document included implicit references to slavery. One such reference was the Importation Clause, also known as 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 prevented Congress from banning the importation of slaves for 20 years after the adoption of the Constitution. The compromise was reached in exchange for southern delegates agreeing to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, benefiting northeastern shipbuilders and sailors.
The omission of the word "slave" in the clause was intentional, as the framers recognised that explicitly including it would tarnish the document. Instead, the clause referred to the vague ""importation of persons", leaving it open to interpretation.
The Act Prohibiting Importation of Slaves of 1807 was a federal law that eventually prohibited the importation of slaves into the United States starting on January 1, 1808, the earliest date permitted by the Constitution.
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The Slave Insurrection Clause
The Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections. The framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government. The Three-Fifths Clause in Article I, Section 2, counted three-fifths of a state’s slave population in apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College.
The word "slave" does not appear in the Constitution, nor in the Fugitive Slave Clause, also known as Article IV, Section 2, Clause 3, which requires the return of fugitive slaves to their owners. The framers consciously avoided the word, recognising that it would sully the document. Nevertheless, slavery received important protections in the Constitution.
The controversy over the Atlantic slave trade was ultimately settled by compromise. In exchange for a 20-year ban on any restrictions on the trade, southern delegates agreed to remove a clause restricting the national government’s power to enact laws requiring goods to be shipped on American vessels. The same day, the convention also adopted the Fugitive Slave Clause.
The delegates to the Constitutional Convention held in Philadelphia from May to September 1787 established a system of republican government unique in world history. The final document made no mention of the words “slave,” “race,” or “color.” Yet the debate over slavery exposed divisions among the delegates at the Convention. North Carolina, South Carolina, and Georgia refused to commit to a document without some guarantees for slavery, and so the Framers compromised to ensure all the states present at the Convention would sign the Constitution.
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The Civil War
In 1860, South Carolina seceded, followed by several other Southern states, leading to the Civil War. During the war, slavery was abolished in some of the slave states, and on New Year's Day, 1863, Abraham Lincoln issued an executive order declaring all slaves in the Southern territory free. The war ended in 1865 with the surrender of General Robert E. Lee to General Ulysses S. Grant, and the 13th Amendment to the Constitution officially abolished slavery in the United States.
Slavery had been a contentious issue since the drafting of the Constitution in 1787. While the word "slave" was consciously avoided in the document, slavery received important protections through various clauses. The Three-Fifths Compromise, for example, counted three-fifths of a state's slave population for representation, giving Southern states extra representation in Congress. The Fugitive Slave Clause required the return of runaway slaves, and the Constitution prohibited Congress from outlawing the slave trade for 20 years. These compromises were made to maintain a strong Union, but they laid the groundwork for future conflict.
As new states entered the Union as either slave or free, the divide between the North and the South grew. The North, with its growing abolitionist movement, sought to end the practice of slavery, while the South, reliant on enslaved African Americans as a workforce, resisted any attempts to abolish it. The Missouri Compromise of 1820, the Compromise of 1850, and the Kansas-Nebraska Act were all attempts to address the issue of slavery and maintain a balance between slave and free states. However, these compromises only delayed the inevitable confrontation, and by 1860, the tension had reached a breaking point, leading to the Civil War.
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Frequently asked questions
Slavery was written into the constitutions of Georgia, Virginia, Maryland, and the Carolinas.
The Three-Fifths Compromise counted three-fifths of a state’s slave population for representation in Congress. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Fugitive Slave Clause, Article 4, section 2, clause 3, required the return of runaway slaves to their owners.
Critics argued that the Fugitive Slave Clause only made sense in a country where half the states either banned slavery or were moving quickly in that direction.
Critics argued that the Three-Fifths Compromise meant that slaves were considered less than fully human.
