The Constitution's Dark Reflection: America's Slave History

The US Constitution, despite being founded on the principle of equality, had several clauses that reflected the institution of slavery. The Three-Fifths Compromise, the fugitive slave clause, and the ban on Congress ending the slave trade for twenty years are some examples. The Constitution never used the words slave or slavery, but it included provisions about unfree persons, and the framers consciously avoided the term, recognising its moral stain on the document. The contradiction between the ideals of equality and the reality of slavery in the US is a paradox that has been debated and criticised, with some arguing that the Constitution laid the foundation for future tragic events.

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The Three-Fifths Compromise gave extra representation to slave states

The Three-Fifths Compromise was a compromise between Southern and Northern politicians in the United States. The Southern politicians wanted enslaved African-Americans to be counted as 'persons' for congressional representation, while Northern politicians rejected these demands out of concern for too much power for the South. This was because representation in the new Congress would be based on population, in contrast to the one-vote-for-one-state principle in the earlier Continental Congress.

The Three-Fifths Compromise stated that three-fifths of each state's slave population would be counted towards that state's total population. This was used to determine the number of seats in the House of Representatives, the number of electoral votes each state would be allocated, and how much money the states would pay in taxes. This gave the Southern states more power in the House of Representatives relative to the Northern states, as well as enlarged powers in Southern legislatures.

The Compromise was proposed by James Madison, who explained the reasoning for the ratio in Federalist No. 54, "The Apportionment of Members Among the States". Madison argued that slaves could not be considered "merely as property, and in no respect whatever as persons". The Compromise was also tied to taxation, with slave states paying less in taxes due to their reduced representation.

The Three-Fifths Compromise was one of three clauses relating to slavery that made it into the final draft of the Constitution. The absence of the word "slave" in the Constitution has been noted by many, including Thurgood Marshall, the first African American to sit on the Supreme Court. Marshall described the Constitution as “defective from the start”, as it laid the foundation for the tragic events that were to follow.

The Constitution prohibited Congress from ending the slave trade for 20 years

The Constitution of the United States of America was established in 1776, and from its inception, the nation was divided into states that allowed slavery and those that prohibited it. The Constitution implicitly recognised slavery through provisions such as the Three-Fifths Compromise, which counted three-fifths of each state's slave population when apportioning representation in the House of Representatives and the Electoral College. Notably, the word "slave" does not appear in the Constitution, as the framers consciously avoided its use.

The inclusion of the Slave Trade Clause in the Constitution was a result of intense debate and compromise during the Constitutional Convention in 1787. On August 21, 1787, a contentious discussion arose over a South Carolina proposal to prohibit federal interference in the Atlantic slave trade. 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 and the principles of the Revolution. John Rutledge of South Carolina countered that "religion and humanity have nothing to do with this question," and threatened that the southernmost states would not join the Union if the regulation of the slave trade was left to the states.

The framers of the Constitution believed that concessions on slavery were necessary to secure 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. By avoiding a direct confrontation with the issue of slavery, the framers sowed the seeds for future conflict. As Thurgood Marshall, the first African American Supreme Court justice, remarked on the 200th anniversary of the Constitution's ratification, the document was "defective from the start" as it laid "a foundation for the tragic events which were to follow."

The Fugitive Slave Clause required the return of runaway slaves

The US Constitution, from its inception, implicitly recognised slavery through provisions such as the Three-Fifths Compromise. The word "slave" does not appear in the Constitution, but slavery received important protections in the document. The Three-Fifths Clause, for instance, counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College.

The Fugitive Slave Clause, also known as Article IV, Section 2, Clause 3, was another provision that reflected slavery. This clause required the return of runaway slaves to their owners. It stated that slaves held under the laws of one state who escaped to another state did not become free but remained slaves. This meant that a slaveholder had the right to reclaim an enslaved person who had escaped to another state. The Fugitive Slave Act of 1850 further enforced this clause, requiring that all escaped slaves be returned to their owners and that officials and citizens of free states cooperate in this process.

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, some states would refuse to join the Union. However, by avoiding the explicit mention of slavery, the framers laid the foundation for future conflict.

The Thirteenth Amendment, passed in 1865, eventually abolished slavery and involuntary servitude in the United States, except as punishment for a crime. This amendment nullified the Fugitive Slave Clause, ending the legal requirement to return runaway slaves to their owners.

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The Constitution gave the federal government power to suppress slave rebellions

The Constitution of the United States is a document that has been interpreted and debated since its inception, with some arguing that it is ""defective from the start". One of the most contentious aspects of the Constitution is its relationship to slavery. While the word "slave" does not appear in the Constitution, and many of the framers harbored moral qualms about slavery, the document implicitly recognised and protected the institution.

One of the key ways in which the Constitution gave the federal government power to suppress slave rebellions was through the Fugitive Slave Clause. This clause, also known as the Slave Trade Clause, provided that slaves who escaped to another state did not become free but remained slaves, and it required their return to their owners. The federal government was thus empowered to put down slave insurrections and return runaway slaves to their owners. This clause was a compromise between Southern politicians who wished for enslaved African Americans to be counted as 'persons' for congressional representation and Northern politicians who rejected this idea due to concerns about too much power for the South.

The Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, is another example of how the federal government was given power to suppress slave rebellions. This clause allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". This gave the South extra representation in the House of Representatives and extra votes in the Electoral College, strengthening the position of slaveholding states and ensuring their perpetual veto over any constitutional changes.

In addition to these explicit provisions, the Constitution also implicitly recognised slavery and provided protections for the institution. For example, it prohibited Congress from outlawing the Atlantic slave trade for twenty years and protected certain industries, like tobacco and rice, that relied on slave labour. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government.

The Constitution's role in suppressing slave rebellions is a complex and contentious issue that has been debated by historians, legal scholars, and activists. While some argue that the document laid the foundation for tragic events and protected slavery, others contend that it created a central government powerful enough to eventually abolish the institution.

The Framers believed slavery was morally wrong and would die out

The Constitution of the United States of America, from its inception, implicitly recognised slavery through provisions such as the Three-Fifths Compromise, which counted three-fifths of each state's enslaved population as "other persons" for representation in the House of Representatives and the Electoral College. The Constitution also included the Fugitive Slave Clause, requiring the return of runaway slaves to their owners, and prohibited Congress from outlawing the Atlantic slave trade for twenty years.

While the word "slave" does not appear in the Constitution, it is evident that the framers made concessions to slavery to gain the support of southern delegates for a strong central government. They believed that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union. This sidestepping of the slavery issue laid the groundwork for future conflicts.

Many of the framers, including some slaveholders, harbored moral qualms about slavery. They believed that slavery was morally wrong and would eventually die out. Enlightenment philosophies of natural rights and growing religious convictions created a contradiction for those profiting from slavery. Some framers, like Oliver Ellsworth, were optimistic that "slavery, in time, will not be a speck in our country." James Wilson, during the Pennsylvania Ratifying Convention in 1787, expressed a similar sentiment, stating that the Constitution's power to prohibit the slave trade would lay "the foundation for banishing slavery out of this country."

However, the framers also sought to protect their economic interests and avoid having their names attached to a document that mentioned slavery outright. They made prudential compromises with slavery to achieve their highest goal of a stronger Union of republican self-government. As a result, the Constitution, while not expressly mentioning slavery, included clauses that implicitly recognised and protected the institution of slavery.

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