Isabella Carter
The US Constitution, which came into effect in 1787, has been described as a pro-slavery document that laid the foundation for the tragic events that followed. The document does not use the word slavery and consciously avoids the word slave, but it includes clauses that protect the institution of slavery, such as the notorious three-fifths clause, which gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates, and they were convinced that if the Constitution restricted the slave trade, some states would refuse to join the Union. This compromise between the northern and southern states allowed slavery to remain in the Constitution, despite the moral qualms and critiques of slavery by some of the Founding Fathers.
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What You'll Learn
The Three-Fifths Clause
The Three-Fifths Compromise was an attempt to balance the interests of the two sides and ensure proportional representation in the House of Representatives. It was also a recognition of the economic and social importance of slavery in the Southern states at the time. By counting three-fifths of the slave population, the Southern states gained extra representation in the House of Representatives and the Electoral College. This gave them more political power relative to the free states, particularly in the North.
The Three-Fifths Compromise was superseded and explicitly repealed by the Fourteenth Amendment in 1868. However, the original clause remains in the Constitution, serving as a reminder of the country's history with slavery and the moral debates surrounding it. While some argue that the Constitution strengthened slavery, others contend that it created a central government powerful enough to eventually abolish the institution. The framers of the Constitution, including James Madison, criticised slavery and recognised its contradiction with the natural rights and liberties it aimed to protect.
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The Importation of Persons 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."
The clause prohibited the federal government from limiting the importation of "persons" until 1808, 20 years after the Constitution took effect. While the clause does not explicitly mention slavery or slaves, it was understood at the time that the "persons" referred to enslaved African individuals.
The inclusion of this clause was a compromise between the Southern states, where slavery was a pivotal part of the economy, and the states where abolition had been accomplished or was contemplated. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of Southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union.
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Framers' beliefs on individual rights
The Framers of the American Constitution were visionaries who sought to establish foundational principles that would sustain and guide the new nation into an uncertain future. They believed that containing the government's power and protecting liberty was their most important task. The Constitution defines fundamental freedoms in general terms, such as freedom of speech, due process of law, the free exercise of religion, equal protection of the laws, and protection from cruel and unusual punishment. It also sets forth governmental powers, such as Congress's ability to regulate commerce and the president's duty to execute laws.
The Framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union. The "Three-Fifths Clause" in Article 1, Section 2, Paragraph 3, provided that apportionment of representatives would be based on the population of free persons, excluding untaxed Native Americans and counting three-fifths of slaves. This gave the South extra representation in the House and extra votes in the Electoral College.
Many of the Framers harboured moral qualms about slavery. Some, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. During the Constitutional Convention, several founders launched critiques of the slave trade for violating natural rights. James Madison, the "Father of the Constitution," attacked slavery early in the Convention, stating that it was based on "the most oppressive dominion ever exercised by man over man." Another Virginian, George Mason, who owned hundreds of slaves, spoke out against slavery, fearing that it would bring "the judgment of heaven on a country." Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation and was inconsistent with America's republican ideals.
The absence of a bill of rights in the original Constitution turned out to be an obstacle to its ratification by the states. Thomas Jefferson argued that a bill of rights was necessary, stating that it was what the people were entitled to against every government. James Madison introduced the Bill of Rights in the first Congress, and in 1791, the Constitution's first ten amendments became the law of the land. The Bill of Rights included freedoms of speech, press, and religion, as well as protection from warrantless searches and seizures.
The Framers' Constitution has been interpreted by the Supreme Court in landmark decisions that ended de jure racial segregation, recognized "one person, one vote", protected political dissenters, established the right to counsel for accused persons, and upheld due process for "enemy combatants." These decisions reflect the Framers' aspirations to protect individual rights and liberties.
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The role of southern delegates
Southern states sought to count enslaved individuals as part of their populations to increase their representation in Congress. Since representation in the House of Representatives was based on population counts, this was vital. The Three-Fifths Compromise, which counted three-fifths of a state's slave population for representation, gave southern states with large slave populations an advantage with more representatives and more electoral votes. This created the "Slave Power" in the legislature, allowing bills favourable to the southern region to pass more easily in Congress.
The southern economy heavily relied on agriculture, which used slave labour for critical cash crops like cotton and tobacco. Enslaved people were not just workers but an integral component of the southern economic system. By ensuring slavery's protection in the Constitution, southern delegates hoped to maintain their economic stability and growth.
Additionally, enslaved individuals were considered property under southern laws, and southern delegates wanted their rights to own this property protected within the Constitution. They viewed the protection of slavery as essential to safeguarding their economic and personal interests.
The controversy over the Atlantic slave trade was ultimately settled by compromise. Southern delegates agreed to a 20-year ban on any restrictions on the trade in exchange for removing a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. This compromise, along with the Three-Fifths Compromise, allowed the southern delegates to protect slavery in the Constitution, despite moral qualms and objections from some delegates.
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The founding fathers' views
The views of the Founding Fathers on the issue of slavery were varied, and the institution of slavery proved to be a difficult issue for them to navigate. While some colonies were for slavery, and others against it, the fact was that the institution had deep roots in the colonies. Many of the Founding Fathers were born into a slaveholding society where the morality of owning slaves was rarely questioned.
Many of the Founding Fathers, including Thomas Jefferson, acknowledged that slavery violated the core American Revolutionary ideal of liberty. In a draft of the Declaration of Independence, Jefferson attacked the slave trade in harsh language, calling it a "cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people." However, Jefferson also blamed the presence of enslaved Africans in North America on British colonial policies, thus absolv
Some Founding Fathers, such as George Washington, began to change their views on slavery during the Revolutionary War. Washington wrote in 1786 that he wished "to get clear" of owning slaves, and he was the only Founding Father to free the slaves he owned in his will. Others, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. During the Constitutional Convention in 1787, Gouverneur Morris called slavery a "nefarious institution" and "the curse of heaven on the States where it prevailed."
Despite these objections, the Founding Fathers were unable to make a bold move against slavery due to their simultaneous commitment to private property rights, principles of limited government, and intersectional harmony. Additionally, the considerable investment of Southern Founders in slave-based staple agriculture, combined with their deep-seated racial prejudice, posed obstacles to emancipation.
During the Constitutional Convention, the Founding Fathers believed that concessions on slavery were necessary to gain 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. As a result, they sidestepped the issue of slavery, leaving the seeds for future conflict.
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Frequently asked questions
Many of the Founding Fathers were slave owners themselves, and those who weren't still believed that concessions on slavery were necessary to gain the support of southern states for a strong central government.
Yes and no. While the word "slavery" is not mentioned, the Three-Fifths Clause gave southern states with large slave populations extra representation in the House of Representatives and extra votes in the Electoral College. However, the Constitution also created a central government powerful enough to eventually abolish slavery.
No. Many of the Founding Fathers were members of anti-slavery societies and publicly criticized slavery. They believed that slavery contradicted the natural rights of man.
Some did. For example, Oliver Ellsworth believed that "slavery, in time, will not be a speck in our country." James Wilson also thought that the Constitution's power to prohibit the slave trade would lay "the foundation for banishing slavery out of this country."
Slavery was abolished by the 13th Amendment to the U.S. Constitution, which was passed by Congress on January 31, 1865, and ratified on December 6, 1865. This amendment abolished slavery nationally and permanently.
