Eleanor Finch
The existence of slavery in the United States was at odds with the ideals of liberty and justice outlined in the preamble to the Constitution. The framers of the Constitution, many of whom owned slaves, were faced with a dilemma: they had to make concessions to slave states in order to form a union, but they also had to avoid using the word slave in the document. The result was a series of compromises, including the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, and a 20-year ban on restrictions on the Atlantic slave trade. These compromises, while unsustainable in the long term, were seen as a necessary evil to maintain the unity of the nation.
| Characteristics | Values |
|---|---|
| Date | August 25, 1787 |
| Reason | To prevent South Carolina and Georgia from refusing to join the Union |
| Compromise | Congress could not ban the slave trade for 20 years (until 1808) but could tax enslaved people as property |
| Framers' Views | Recognized that slavery contradicted the ideals of liberty and justice; some had moral qualms about slavery |
| Framing of Constitution | Avoided the word "slave"; used "importation of such persons" or "all other persons" |
| Three-Fifths Compromise | Three-fifths of a state's slave population was counted for determining representation in the House of Representatives, giving the South extra representation |
| Fugitive Slave Clause | Required the return of runaway slaves to their owners |
| Powers Granted | Federal government was given the power to put down domestic rebellions, including slave insurrections |
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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 those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. A compromise was struck to resolve this impasse. The compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, effectively giving the Southern states more power in the House relative to the North.
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Avoiding the word 'slave'
The word "slave" does not appear in the US Constitution. The drafters consciously avoided the word, recognising that it would sully the document. The Three-Fifths Clause, a cornerstone of the Great Compromise, counted three-fifths of a state's "bound" population in apportioning representation. This gave Southern states extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also prohibited Congress from outlawing the Atlantic trade in "persons" for twenty years.
The controversy over the Atlantic trade in "persons" was settled by compromise. In exchange for a 20-year ban on any restrictions, 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 Three-Fifths Compromise was adopted to address fears of an imbalance of power in Congress. Enslaved people were considered property without rights or privileges, but Southern states argued that they should be included in the population count toward that state's number of representatives.
The Fugitive Slave Clause, also adopted in 1787, did not employ the term "slave" but instead granted the owner of a person "held to service or labour" the right to seize and repossess them in another state. The Constitution gave the federal government the power to put down domestic rebellions, including those by "persons held to service". The framers believed that concessions on the issue of trade in "persons" were the price for the support of Southern delegates for a strong central government.
The framers of the Constitution may have been too embarrassed to use the word "slavery". Some historians argue that the drafters did not want to suggest that it was recognised under federal law, but rather existed as a result of state laws. The delegates moved from never permitting Congress to regulate the trade in "persons" to permitting it after 1808. The compromise was between Southern states, where the trade in "persons" was pivotal, and Northern states, whose inhabitants opposed the practice on moral grounds.
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The Slave Trade Clause
The Clause prohibited the federal government from limiting the importation of "persons" where existing state governments allowed it, until 20 years after the Constitution took effect. The vague wording of "importation of such persons" suggested that the US Congress could tax states admitting non-enslaved immigrants. The compromise was between Southern states, where slavery was pivotal, and Northern states.
The compromise was that in exchange for a 20-year ban on any restrictions on the Atlantic slave trade, Southern states agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. This benefited northeastern shipbuilders and sailors.
The compromise was reached because it was believed that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. However, by sidestepping the slavery issue, the framers left the seeds for future conflict.
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The Fugitive Slave Clause
The Clause was a compromise between pro-slavery and anti-slavery factions during the Constitutional Convention of 1787. The southern states agreed to a 20-year ban on any restrictions on the Atlantic slave trade in exchange for the inclusion of the Fugitive Slave Clause. The framers of the Constitution believed that this compromise was necessary to secure the support of southern delegates for a strong central government. However, the compromise sidestepped the issue of slavery and left seeds for future conflict.
Resistance to the enforcement of the Fugitive Slave Clause increased in the North during the 19th century, particularly after the enactment of the Fugitive Slave Act of 1850. Several Northern states enacted "personal liberty laws" to protect free Black residents from kidnapping and provide procedural safeguards for accused fugitives. Legal challenges were mounted, and the Supreme Court reinforced federal supremacy, ruling that states could not obstruct federal enforcement.
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Southern states' influence
The influence of the Southern states was a key factor in shaping the Constitution's approach to slavery. The Southern states' support for a strong central government was deemed crucial, and concessions on slavery were seen as the price for their backing. The Southern states' influence is evident in several key aspects of the Constitution.
Firstly, the Three-Fifths Compromise gave the South extra representation in the House of Representatives and the Electoral College. This compromise, part of the Great Compromise, resolved the deadlock between large and small states over legislative representation. The Southern states' slave populations were counted as three-fifths of their total number, increasing the South's representation and political power. This compromise demonstrated the Southern states' influence in shaping the Constitution to their advantage.
Secondly, the Southern states successfully ensured that the Constitution prohibited Congress from banning the Atlantic slave trade for 20 years. This compromise, known as the Slave Trade Clause, reflected a deal between the Northern and Southern states. In exchange for this delay in restricting the slave trade, the Southern states agreed to remove a clause that would have restricted the national government's power in other areas. The Slave Trade Clause explicitly prevented the federal government from banning the importation of slaves for two decades, reflecting the Southern states' determination to protect the slave trade.
The Southern states also influenced the wording of the Constitution regarding slavery. The word "slave" was consciously avoided in the document, despite slavery receiving important protections. This choice of wording illustrates the Southern states' impact on the language and presentation of the Constitution, reflecting their desire to sidestep the contentious issue of slavery directly.
The influence of the Southern states extended to the inclusion of a fugitive slave clause, which required the return of runaway slaves to their owners. This clause further entrenched slavery's legality and demonstrated the Southern states' ability to shape the Constitution to protect their interests. The Southern states' influence on these key aspects of the Constitution regarding slavery highlights their power and impact on the founding document of the nation.
Overall, the Southern states' influence on the Constitution's approach to slavery was significant. Through compromises and negotiations, they shaped the document to protect slavery and the slave trade, ensuring their interests were safeguarded in the new nation's foundation. The Southern states' power and influence at the time of the Constitution's drafting had a lasting impact on the country's history and the future of slavery in the United States.
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Frequently asked questions
The delegates at the Constitutional Convention in 1787 were divided between large and small states on the issue of the apportionment of legislative representation. The compromise was a way to defuse sectional tensions and maintain the unity of the new United States.
The Three-Fifths Compromise allowed the slaveholding states to count three-fifths of their enslaved population when apportioning representatives to Congress, giving them greater representation in the House of Representatives and extra votes in the Electoral College. In exchange, the Constitution prohibited Congress from banning the Atlantic slave trade for 20 years.
No, the compromise did not resolve the conflict. While it temporarily strengthened slavery, it also created a central government powerful enough to eventually abolish the institution. The issue of slavery would later lead to the Civil War.
