Founding Fathers: Slave Owners Who Wrote The Constitution

The US Constitution, which was signed in 1787, was drafted by a group of men known as the Founding Fathers. The Founding Fathers presided over meetings to organise a new government, and many of them were slave owners. The exact number of slave owners among the Founding Fathers is disputed, with estimates ranging from 17 to 25 out of 55 delegates. Some of the most notable slave-owning Founding Fathers include George Washington, Thomas Jefferson, James Madison, and Benjamin Franklin. While some of these men expressed moral qualms about slavery, they ultimately prioritised the unity and independence of the United States over addressing the issue directly in the Constitution.

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George Washington owned slaves, but freed them in his will

George Washington, the indispensable man of the American Revolution and the Founding Father of the United States, owned hundreds of slaves. He inherited his first slaves at the age of 11 when he became a third-generation slave owner. Washington's views on slavery were complex and appeared to change over time. During the Revolutionary War, he began to express a desire to distance himself from the institution of slavery. In a letter from 1786, Washington wrote that there was "not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it [slavery]; but there is only one proper and effectual mode by which it can be accomplished, and that is by Legislative authority." Despite his private reservations about slavery, Washington never took a public stand against it.

Washington's relationship with slavery was influenced by his desire for financial independence and the economic benefits of slave labour. He also faced challenges in managing his enslaved workers, some of whom resisted through theft and drunkenness. As President, Washington went to great lengths to retain his slaves and avoid the emancipation of those who served him in Philadelphia by rotating them out of the state before they became eligible for freedom under Pennsylvanian law.

Despite his complex and evolving views on slavery, Washington ultimately made the decision to free his slaves. In his will, Washington stipulated that one of his slaves should be freed immediately, while the remaining 123 slaves were required to serve his wife and be freed upon her death. This decision set Washington apart from other slave-owning Founding Fathers, such as Thomas Jefferson, who failed to free their slaves even after expressing a desire to abolish slavery.

Washington's will also included provisions for the support and education of elderly, sick, and orphaned slaves. He forbade the sale or transportation of his slaves out of the Commonwealth, insisting that Black people had a right to live on American soil. Washington anticipated that his heirs might resist fulfilling his wishes regarding slave emancipation, so he included strong language in his will, instructing his executors to "religiously fulfill" his wishes "without evasion, neglect or delay."

While Washington's decision to free his slaves in his will was significant, it is important to note that he did not free the "dower slaves" owned by his wife, Martha Washington. Upon her death, these slaves would revert to the Custis estate and be divided among her grandchildren. Washington's failure to free the dower slaves was due in part to legal restrictions and his inability to sell or rent land at the right prices to raise the necessary finances.

Thomas Jefferson wrote all men are created equal, yet owned slaves

The phrase "all men are created equal" is found in the United States Declaration of Independence. It was penned by Thomas Jefferson during the beginning of the Revolutionary War in 1776. The sentence reads:

> We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

This phrase has come to embody America's founding ideals. However, the irony of Jefferson's words was not lost on people when the Declaration of Independence was first published. Jefferson himself owned hundreds of slaves throughout his life, and he may have fathered children with one of his slaves, Sally Hemings.

Despite his words and his legislative attempts against slavery, Jefferson also profited directly from the institution of slavery. He wrote that he believed slavery to be a "moral depravity" and a "hideous blot", and that it was contrary to the laws of nature, which decreed that everyone had a right to personal liberty. He also introduced several bills in the Virginia state legislature to allow slave owners to free their slaves, but none of these bills were passed. In fact, it was illegal for slave owners to free their slaves in Virginia.

Jefferson's views on race were also problematic. He wrote in his Notes on the State of Virginia that he suspected Black people to be inferior to white people. He also believed that white Americans and enslaved Black people constituted two "separate nations" who could not live together peacefully in the same country.

John Jay, Alexander Hamilton, and Benjamin Franklin were anti-slavery

The US Constitution, which came into effect in 1789, protected slavery in several ways. It prohibited Congress from outlawing the Atlantic slave trade for twenty years and included a fugitive slave clause requiring the return of runaway slaves to their owners. The three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves.

Despite this, several of the men who wrote the US Constitution were anti-slavery. John Jay, the first Chief Justice of the United States, was a staunch opponent of slavery. He was unsuccessful in prohibiting slavery in New York's first state constitution in 1777 and in early state legislatures. In 1786, he became the first president of the New York Manumission Society, a position he resigned from when he became Chief Justice in 1789. In letters from 1785, Jay wrote that he wished to see "all unjust and unnecessary Discrimination every where abolished" and that "Men should pray and fight for their own Freedom, & yet keep others in Slavery, is certainly acting a very inconsistent as well as unjust & perhaps, impious part". Notably, Jay himself owned a slave, which has led some to question whether he was a hypocrite.

Alexander Hamilton, often portrayed as an abolitionist, may have had enslaved people in his household. He was a member of the New York Manumission Society, which advocated for the emancipation of the enslaved. However, he also acted as a legal arbiter for others in the transactions of people in bondage, leading some to argue that he was, in effect, a slave trader. Hamilton played an important role in the establishment of the American government and wrote many of the Federalist Papers that helped shape the Constitution.

Benjamin Franklin, a former slaveholder, was another anti-slavery member of the Constitutional Convention. In his later years, he became vocal as an abolitionist and served as President of the Pennsylvania Society for Promoting the Abolition of Slavery from 1787 until his death in 1790. Franklin's anti-slavery petitions to Congress were denounced by pro-slavery congressmen and sparked heated debate, but no action was taken on the petition.

In summary, while the US Constitution protected slavery, several of its authors, including John Jay, Alexander Hamilton, and Benjamin Franklin, were anti-slavery. Jay and Franklin were vocal opponents of slavery and actively worked towards its abolition, while Hamilton's position is more complex, with evidence suggesting that he may have been a slave owner himself.

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Fugitive slave clause: a law requiring the return of runaway slaves

The US Constitution, which was ratified 200 years before Thurgood Marshall became the first African American to sit on the Supreme Court, has been criticised for its protection of slavery. The exact number of men who signed the Constitution and enslaved people is disputed, but it is estimated that about 25 of the 55 delegates to the Constitutional Convention enslaved people. Some sources put this number lower, at 17.

The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years. It also included a fugitive slave clause, which required the return of runaway slaves to their owners. This clause was unanimously approved by the Convention without debate. It was enforced by the Fugitive Slave Act of 1793, which was a federal law written to enforce the fugitive slave clause. The 1793 Act was strengthened in 1850, which contributed to the growing polarisation of the country over the issue of slavery.

The 1850 Fugitive Slave Act was drafted by Democratic Senator James M. Mason of Virginia, in response to the weakening of the original Act. It included harsh penalties for officials who did not arrest someone allegedly escaping slavery, including a $1,000 fine. It also made it easier for enslavers to recapture their slaves, requiring law enforcement officials to arrest people suspected of escaping on as little as a claimant's sworn testimony of ownership. Habeas corpus was also declared irrelevant, and commissioners were compensated more if they found an individual was a proven fugitive.

The 1850 Act adversely affected the prospects of escape from slavery, particularly in states close to the North. It also resulted in the kidnapping and conscription of free Black people into slavery, as purported fugitive slaves had no rights in court and could not defend themselves against accusations.

Slave trade controversy: settled by a 20-year ban on restrictions

The US Constitution, which was signed by numerous slave owners, prohibited Congress from outlawing the Atlantic slave trade for 20 years. This was a compromise: in exchange for a 20-year ban on any restrictions on the slave 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.

On 21 August 1787, a heated debate broke out over a South Carolina proposal to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, argued 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."

John Rutledge of South Carolina responded forcefully, insisting that "religion and humanity have nothing to do with this question". He threatened that unless regulation of the slave trade was left to the states, the southern-most states "shall not be parties to the union".

The controversy over the Atlantic slave trade was ultimately settled by this compromise. The same day this agreement was reached, the convention also adopted the fugitive slave clause, requiring the return of runaway slaves to their owners.

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. They were convinced that if the Constitution restricted the slave trade, South Carolina and Georgia would refuse to join the Union.

Many of the framers harbored moral qualms about slavery. Some, including Benjamin Franklin (a former slaveholder) and Alexander Hamilton (who was born in a slave colony in the British West Indies), became members of anti-slavery societies.

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