Simone Lawson
The US Constitution, drafted in 1787, included several provisions that directly impacted the practice of slavery without explicitly mentioning the word. One of the most significant was the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving Southern states with large slave populations greater representation in the House of Representatives and the Electoral College. Another provision, Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of persons for 20 years, a compromise to ensure Southern states' support for a strong central government. These constitutional provisions reflected a compromise between Northern and Southern states, but ultimately, they proved unsustainable, leading to the Civil War. Southern defenders of slavery, such as John C. Calhoun, argued for states' rights to preserve slavery and justified it on moral, economic, and religious grounds, while abolitionists from the North worked to end the practice.
| Characteristics | Values |
|---|---|
| Date of the constitutional provision | 1787 |
| Article | I |
| Section | 9 |
| Clause | 1 |
| Name of the clause | Slave Trade Clause, Importation of Persons Clause |
| What it says | Prohibited the federal government from limiting the importation of "persons" where the existing state governments saw fit to allow it, until 20 years after the Constitution took effect |
| Reasoning | A compromise between Southern states, where slavery was pivotal to the economy, and states where the abolition of slavery had been accomplished or was contemplated |
| Who opposed it | Luther Martin of Maryland, a slaveholder; George Mason, a Virginia delegate who owned hundreds of slaves; Ellsworth, a member of the Committee of Detail; King, who sought accommodation; G. Morris; Langdon, King, Dickinson, Martin, and Madison, who opposed the Slave Clause provision on principle |
| Who supported it | John Rutledge of South Carolina; Southern delegates |
| Other related clauses | Fugitive Slave Clause, Three-Fifths Clause |
| Who defended slavery | John C. Calhoun, a leading political theorist; Thurgood Marshall, the first African American to sit on the Supreme Court; Southern slaveholders |
| Arguments used to defend slavery | States' rights to preserve slavery; divine institution that brought Christianity to the enslaved; better than wage slavery; part of the status quo that provided affluence and stability; biblical passages |
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What You'll Learn
The Three-Fifths Clause
The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney during the Constitutional Convention in 1787. It was a compromise between the Northern and Southern states, with the Southern states agreeing to the compromise in exchange for a 20-year ban on any restrictions on the Atlantic slave trade. The compromise also increased the number of pro-slavery legislators.
The Three-Fifths Compromise is just one example of how the framers of the Constitution sidestepped the issue of slavery, which would later lead to conflict in the form of the Civil War. The Constitution also included the Fugitive Slave Clause, which required the return of runaway slaves to their owners, and the Importation Clause, which banned the federal government from limiting the importation of "persons" (i.e. enslaved African persons) for 20 years after the Constitution took effect.
The Constitution: What Was Left Out
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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."
The Clause had significant impacts on Black communities in the North, enabling the kidnapping of free African Americans who were then illegally enslaved. The case of Solomon Northup, who was abducted in Washington, D.C. and enslaved in Louisiana for 12 years, is a notable example of the systemic abuse enabled by the Clause. Resistance to the enforcement of the Fugitive Slave Clause in the North grew during the 19th century, particularly after the enactment of the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect their Black residents from kidnapping and provide procedural safeguards for accused fugitives.
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The Slave Trade Clause
The clause prohibited the federal government from limiting the importation of "persons" (understood at the time to mean primarily enslaved African persons) where existing state governments allowed it, until 20 years after the Constitution took effect. It was a compromise between Northern and Southern states, where slavery was pivotal to the economy, and states where abolition had been accomplished or was contemplated. This compromise was essential to the ratification of the Constitution and the formation of the Union, but it was ultimately unsustainable, as demonstrated by the Civil War.
The Constitution's Material: Paper, Parchment, or Vellum?
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The Importation Clause
The clause was a compromise between the Northern and Southern states, with the Southern states relying heavily on slavery for their economy, and the Northern states either having abolished or contemplating the abolition of slavery. The Importation Clause was a concession made to gain the support of Southern delegates for a strong central government. Without this concession, it was believed that Southern states such as South Carolina and Georgia would not join the Union.
The compromise was that, in exchange for a 20-year ban on any restrictions on the Atlantic slave trade, the Southern states agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, benefiting the Northern states. The Importation Clause did not mention the word "slave", nor did it specify exactly who the "persons" to be imported were, reflecting the framers' desire to avoid the issue of slavery.
The Constitution's Faction: A Delicate Balance
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The Compromise
The US Constitution, drafted in 1787, included several provisions related to slavery, reflecting a compromise between Northern and Southern states. This compromise was essential to the formation of the Union, but it was ultimately unsustainable, as demonstrated by the Civil War.
One of the key provisions related to slavery in the Constitution was the Three-Fifths Clause, which stated that apportionment of representatives and direct taxation 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 individuals, who made up a significant portion of the Southern states' population. This clause gave the Southern states extra representation in the House of Representatives and extra votes in the Electoral College. While some viewed it as a compromise, others argued that it implied that slaves were considered less than fully human and gave greater power to the Southern states.
Another provision was the Importation Clause or the Slave Trade Clause, which prohibited the federal government from banning the slave trade for 20 years after the Constitution took effect. This clause was a compromise between the Southern states, where slavery was crucial to the economy, and the Northern states, where abolition was gaining momentum. It ensured that the Southern states joined the Union, preventing a potential conflict over slavery.
Additionally, the Fugitive Slave Clause, which required the return of runaway slaves to their owners, was also part of the compromise. This clause implicated the federal government and its officers in the active protection of slaves as property. It further strengthened the position of the Southern states and the institution of slavery.
In conclusion, the compromise on slavery in the US Constitution involved a series of concessions and negotiations between the Northern and Southern states. While it temporarily maintained peace and unity, it also laid the foundation for future conflicts and struggles over slavery and equal rights.
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Frequently asked questions
The Three-Fifths Clause, or Article 1, Section 2, Paragraph 3, stated 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 the African slaves who made up around a third of the Southern states' population at the time. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Importation Clause, or Article 1, Section 9, prohibited the federal government from limiting the importation of "persons" where state governments allowed it, for 20 years after the Constitution took effect. This clause was a compromise between Southern states, where slavery was vital to the economy, and states contemplating or having accomplished abolition.
The Fugitive Slave Clause required the return of runaway slaves to their owners. This clause implicated federal officers in the active protection of slaves as property.
John C. Calhoun, a U.S. senator and political theorist, vigorously defended slavery as a "positive good." He argued that the Constitution protected states' rights to preserve slavery and that it was a more humane method of organizing labor than wage labor in the North and Europe. He also believed that slavery brought Christianity to those from across the ocean.
