Malcolm Rivera
The original US Constitution, drafted in 1787, did not abolish slavery. This was despite the fact that many of the framers of the Constitution were anti-slavery and believed it was morally wrong. The issue of slavery was a huge dividing issue between the Northern and Southern States, and some slave-holding delegations threatened to walk out of the Constitution if slavery was threatened. The framers believed that concessions on slavery were the price for the support of southern delegates for a strong central government. They also hoped that the Constitution's regime of liberty would lead to slavery's ultimate extinction. While the Constitution never used the word slave or slavery, it did include clauses related to slavery, such as the Three-Fifths Clause, which gave the South extra representation in the House of Representatives and extra votes in the Electoral College. It was not until the 13th Amendment to the Constitution, passed in 1865 after the American Civil War, that slavery was officially abolished.
| Characteristics | Values |
|---|---|
| Avoiding the use of the words "slave" and "slavery" | The word "slave" does not appear in the Constitution. The framers consciously avoided the word, recognizing that it would sully the document. |
| Framers' beliefs | Many framers believed slavery was morally wrong and would die out. They did not want a permanent moral stain on the document. |
| Concessions on slavery | The framers believed that concessions on slavery were the price for the support of southern delegates for a strong central government. |
| Economic interests | The framers protected their own economic interests, as many of them owned slaves. |
| Compromise | The framers sought to achieve a stronger Union of republican self-government, so they compromised with the Southern states to avoid having separate free and slave confederacies. |
| Biblical Worldview | The majority of the founders were Christian and had a Biblical worldview, founding America on Biblical principles. |
| Northern progress | The North was making progress on the abolition front, and state laws began to change regarding slavery. |
| Southern resistance | The Southern states resisted abolition because enslaved African Americans made up a vast workforce, and the ruling whites insisted on racial hierarchy. |
| Tensions | Tensions between the North and South continued to rise, inflamed by the publication of the 1852 anti-slavery novel Uncle Tom's Cabin and other events. |
| War and amendments | After the War Between the States, the 13th, 14th, and 15th Amendments were added to the Constitution, providing the wording that "officially" abolished slavery. |
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What You'll Learn
The fear of southern states refusing to join the Union
On August 21, 1787, a heated debate took place over a South Carolina proposal to prohibit the federal government from interfering with the Atlantic slave trade. John Rutledge of South Carolina forcefully asserted that unless the regulation of the slave trade was left to the states, the southernmost states "shall not be parties to the union." This sentiment was echoed by other delegates, who threatened to walk out of the Constitution if slavery was threatened, raising the possibility of separate confederacies of free and slave states.
The framers of the Constitution sought to create a strong union of republican self-government and believed that concessions on slavery were necessary to gain the support of southern delegates. 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 slavery, the framers hoped to maintain unity and leave open the possibility of future abolition.
This compromise allowed the framers to achieve their immediate goal of forming a united nation, but it also laid the groundwork for future conflicts. The Three-Fifths Clause, which gave southern states extra representation based on their slave populations, further entrenched slavery and delayed its abolition. While the framers may have hoped that slavery would eventually die out, their decision to sidestep the issue contributed to the outbreak of the American Civil War and the continued struggle for racial equality.
In summary, the fear of southern states refusing to join the Union was a critical factor in the framers' decision to compromise on slavery. This compromise had far-reaching consequences and highlighted the complex dynamics surrounding slavery during the formation of the United States.
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The economic interests of slaveholding delegates
The framers of the US Constitution had to make a prudential compromise with slavery to protect their economic interests. Many of the framers were slaveholders themselves, and they 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, is a notable example of how the economic interests of slaveholding delegates were considered. This clause provided 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 a significant portion of the population in the southern states. This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College, benefiting the economic interests of slaveholding delegates.
Additionally, the framers carefully avoided using explicit terms related to slavery in the Constitution. They omitted words like "slave," "slavery," "slave representation," and "slave insurrections" to distance themselves from the moral stain of the institution. This allowed them to maintain their economic interests while attempting to discourage slavery and promote a united front among the states.
The framers' decision to protect their economic interests by compromising on slavery had significant consequences. While it helped establish a stronger Union, it also laid the foundation for future conflicts and tensions between the North and South. The issue of slavery would continue to divide the nation, eventually leading to the American Civil War and the eventual abolition of slavery through the 13th, 14th, and 15th Amendments.
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The belief that slavery would die out
The belief that slavery was morally wrong and would eventually die out was a significant factor in the framing of the US Constitution. The framers, many of whom were anti-slavery, believed that explicit references to slavery had no place in the Constitution, which was meant to be a charter of liberty and equality. They were embarrassed by the institution of slavery and did not want a permanent moral stain on the document.
The framers of the Constitution, therefore, went to great lengths to avoid using the words "slave" or "slavery" in the document. Instead, they used terms like ""persons and "other persons" to refer to slaves. This careful omission was noted by former slave Frederick Douglass, who criticised the Constitution for its indirect references to slavery.
The omission of the word "slave" from the Constitution was also acknowledged by John Quincy Adams in 1840, over 50 years after the Constitution was ratified. Adams referred to this as "the fig-leaves under which the parts of the body politic are decently concealed". The framers' avoidance of explicit references to slavery reflected their belief that it was a temporary institution that would eventually be eradicated.
While the framers may have hoped that slavery would die out, they also recognised the economic and political realities of the time. Slavery was a major component of the economy and society in the United States, particularly in the Southern states, where enslaved African Americans made up a vast workforce. The framers knew that if they completely abolished slavery, the Southern states would refuse to join the Union. This compromise was necessary to form a united country, even though it left the seeds for future conflict.
The Constitution included several clauses that indirectly addressed slavery, such as the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the Fugitive Slave Clause, and the slave insurrection clause. These clauses were the result of intense debate and compromise during the Constitutional Convention. The framers believed that these concessions on slavery were necessary to build a strong central government and a united country.
In conclusion, the framers of the Constitution believed that slavery was morally wrong and hoped that it would eventually die out. They avoided explicit references to slavery in the document, reflecting their embarrassment and desire for it to be a temporary institution. However, they also had to navigate the political and economic realities of the time, which resulted in compromises that allowed slavery to continue in the short term.
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The desire to avoid the word slavery
The Constitution only obliquely referred to slavery and avoided using the words "slave" or "slavery". The framers consciously avoided the word, recognising that it would sully the document. Instead, the Constitution referred to slaves as persons.
The former slave Frederick Douglass noted that the framers purposefully avoided mentioning slavery in the Constitution. Douglass observed that terms such as "African slave trade", "slave representation", "fugitive slaves", and "slave insurrection" were not used in the Constitution. Similarly, Abraham Lincoln argued that the framers avoided any specific mention of slavery because they did not want the enduring Constitution to suggest that slavery had ever existed in the country.
The framers believed that slavery was morally wrong and would eventually die out. They did not want the permanent moral stain on the document. They also sought to achieve their highest goal of a stronger Union of republican self-government.
The omission of the word "slavery" from the Constitution was referred to as "the fig-leaves under which the parts of the body politic are decently concealed" by John Quincy Adams in 1840. Adams held the framers accountable for hypocrisy during his argument in defence of the Amistad captives before the Supreme Court.
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The need for a stronger Union
At the time of the Constitutional Convention in 1787, slavery was deeply entrenched in American society and economy, particularly in the Southern states. The Southern delegates, many of whom were slaveholders themselves, threatened to walk out of the Convention if slavery was threatened. The framers recognized that if they explicitly abolished slavery in the Constitution, the Southern states would refuse to join the Union. This would not only hinder their goal of forming a united nation but also weaken their leverage over the slave states to end slavery in the future.
To address this challenge, the framers made a compromise. They avoided using the words "slave" or "slavery" in the Constitution, instead referring to slaves as "persons." They included clauses that indirectly addressed slavery, such as the Three-Fifths Clause, which counted three-fifths of a state's slave population for representation purposes, giving the South more power in the House of Representatives and the Electoral College. They also included a clause prohibiting the federal government from ending the slave trade for 20 years, among other concessions.
By making these compromises, the framers believed they were buying time and creating a stronger Union that would eventually have the power to abolish slavery. They hoped that by building a regime of liberty and equality, they were laying the foundation for slavery's ultimate extinction. As James Madison, the "Father of the Constitution," stated, "slavery, in time, will not be a speck in our country."
However, this compromise also laid the groundwork for future conflicts. The sidestepping of the slavery issue created tensions between the North and South, which eventually erupted into the American Civil War. It was only after this conflict that the 13th, 14th, and 15th Amendments were added to the Constitution, officially abolishing slavery and protecting the rights of the formerly enslaved.
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Frequently asked questions
The framers of the US 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, southern states like South Carolina and Georgia would refuse to join the Union.
No. Many framers harbored moral qualms about slavery. Some, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. The "Father of the Constitution," James Madison, attacked slavery early in the convention, stating, "We have seen the mere distinction of colour made in the most enlightened period of time, a ground for the most oppressive dominion ever exercised by man over man."
No, the word "slave" does not appear in the Constitution. The framers consciously avoided the word, recognizing that it would sully the document. However, slavery received important protections in the Constitution through clauses such as the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and the Electoral College.
This is a matter of debate. While some argue that the Constitution strengthened slavery, others contend that it created a central government powerful enough to eventually abolish the institution. The Constitution included clauses that implicitly addressed slavery, such as the Three-Fifths Clause and the ban on Congress ending the slave trade for twenty years, but it never used the word "slavery" or "slave."
Slavery was officially abolished with the passage of the Thirteenth Amendment to the US Constitution in 1865, following the American Civil War. President Abraham Lincoln's Emancipation Proclamation of 1863 had previously freed slaves in Confederate-controlled areas, but it did not affect the status of slaves in border states loyal to the Union.
