Isabella Carter
The United States Constitution's relationship with slavery is a complex and contentious issue. While the word slavery is not explicitly mentioned in the document, several clauses and compromises implicitly refer to the practice, reflecting the moral and ethical debates among the founding fathers during its drafting in 1787. The Three-Fifths Clause, the Importation Clause, and the Fugitive Slave Clause are among the provisions that have been interpreted as either pro-slavery or anti-slavery, shaping the institution's legacy in the nation's early history and contributing to future conflicts, such as the Civil War.
| Characteristics | Values |
|---|---|
| Slavery was a major component of the economy and society in the United States | 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 "Indians not taxed" and "three-fifths of all other persons" i.e. slaves |
| The framers consciously avoided the word "slavery" | The framers believed that concessions on slavery were the price for the support of southern delegates for a strong central government |
| The framers believed slavery would die out naturally in the South | The framers left the seeds for future conflict by sidestepping the slavery issue |
| The framers debated the role that slavery would play in the newly created United States | The framers dealt directly with American slavery in at least five of the Constitution's provisions and indirectly protected the institution elsewhere in the document |
| The framers protected slavery in the states | The framers prohibited Congress from banning the slave trade for twenty years |
| The framers required that fugitive slaves, even in the North, be returned to their masters | The framers gave whites in slave states a disproportionate influence in the election of the president |
| The framers anticipated the admission of new slave states to the Union | The framers prohibited federal taxes on exports and thus prevented an indirect tax on slavery by taxing the staple products of slave labor |
| The framers prohibited the states from taxing exports or imports, thus preventing an indirect tax on the products of slave labor by a non-slaveholding state | The framers gave the South extra representation in the House of Representatives and extra votes in the Electoral College |
| The framers conceded to the demands of South Carolina and Georgia delegates who threatened that their states would not join the Union if there were restrictions to the Transatlantic Slave Trade imposed in the Constitution | The framers agreed that there would be no restriction on the slave trade for 20 years until 1808 |
| The framers agreed to a fugitive slave clause | The framers agreed that the federal government would enforce the rule that fugitive slaves be returned to their masters |
| The framers gave the federal government the power to forcibly put down domestic rebellions, including slave insurrections | The framers knew they were not dealing with slavery and letting the moral issue fester and grow |
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What You'll Learn
The Three-Fifths Clause
The inclusion of the Three-Fifths Clause in the Constitution has been a subject of debate, with some arguing that it was a pro-slavery provision, while others claim that it was a necessary compromise to form a union and preserve the nascent United States. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. However, by avoiding the issue of slavery, they laid the groundwork for future conflicts, including the Civil War.
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Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. The Clause requires that a "Person held to Service or Labour" who flees to another state must be returned to their master in the state from which they escaped. This usually applied to slaves, apprentices, or indentured servants. The Clause was a constitutional compromise, reflecting the different attitudes towards slavery in the Northern and Southern states. While many Northern states had abolished slavery, it was a way of life in the South.
The Clause was approved unanimously without debate, despite objections from James Wilson and Roger Sherman, who argued that it would oblige state executives to seize fugitive slaves at public expense. Interestingly, the words "slave" and "slavery" are not mentioned in the Clause. Historian Donald Fehrenbacher believes that this was a deliberate choice to avoid implying that the Constitution legally sanctioned slavery. Instead, the Clause refers to a "Person held to Service or Labour in one State, under the Laws thereof".
The Fugitive Slave Clause formed the basis for the Fugitive Slave Act of 1793, which gave slaveholders the right to reclaim their "property" from another state. The Act was strengthened in 1850, with the federal government now playing a role in capturing fugitive slaves. Resistance to the Clause and the Act increased in the North, with several states enacting personal liberty laws to protect free Black residents and provide safeguards for accused fugitives.
The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment, which abolished slavery and involuntary servitude. However, it has been noted that the Clause is not entirely irrelevant, as people can still be held to service or labour under limited circumstances.
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Slave Trade Clause
The Slave Trade Clause, also known as the Migration or Importation Clause, is outlined in Article 1, Section 9, Clause 1 of the US Constitution. This clause states that Congress could not prohibit the "importation" of persons prior to 1808. The clause was a compromise between Northern and Southern states, and it reflected the economic and social reality of the time. At the time, slavery was a major component of the economy and society in the United States, particularly in the Southern states.
The Slave Trade Clause was a concession to the Southern states, as the framers of the Constitution believed that concessions on slavery were necessary to gain the support of Southern delegates for a strong central government. Many of the framers had moral qualms about slavery, and some were members of anti-slavery societies. However, they were convinced that if the Constitution restricted the slave trade, Southern states such as South Carolina and Georgia would refuse to join the Union.
The specific language of the Slave Trade Clause is carefully chosen, avoiding the use of the words "slave" or "slavery". Instead, it refers to the "importation of persons". This was likely due to the embarrassment associated with the practice of slavery and the recognition that it contradicted the ideals of the Declaration of Independence. The framers may also have wanted to avoid suggesting that slavery was recognized under federal law.
The Slave Trade Clause had a built-in expiration date of 1808, after which the federal government could act to prohibit the importation of slaves. In 1800, an act of Congress made it illegal for Americans to engage in the slave trade between nations, and authorized the seizure of slave ships. The "Act Prohibiting the Importation of Slaves" took effect in 1808, imposing heavy penalties on international traders. However, this did not end the domestic sale of slaves within the United States, and the trade simply moved underground.
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Framers' intentions
The Framers of the Constitution had differing intentions regarding slavery, and the document they produced reflected this. The Constitution did not contain the words "slave" or "slavery", but it directly addressed American slavery in at least five of its provisions and indirectly protected the institution in others.
The Framers consciously avoided using the words "slave" and "slavery" in the Constitution, recognising that it would sully the document. Instead, they used euphemisms such as the Importation of Persons Clause and the Three-Fifths Clause. The latter provided that apportionment of representatives would be based on the population of free persons, excluding untaxed Native Americans and "three-fifths of all other persons", who were, of course, slaves. This gave the Southern states more power in the House and the Electoral College.
The Framers 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. This was indeed threatened by delegates from these states, who said that unless the regulation of the slave trade was left to the states, they "shall not be parties to the union".
The Framers also believed that slavery would die out naturally in the South, as it had done in the industrialised North. However, the invention of the modern cotton gin in 1793 changed this, as it provided a more sustainable and economically viable crop for Southern plantations.
Many of the Framers harboured moral qualms about slavery. Some, including Benjamin Franklin (a former slaveholder) and Alexander Hamilton (who was born in a slave colony) , became members of anti-slavery societies. Others, like George Washington, freed enslaved people in their wills. However, the Framers' concessions on slavery left the seeds for future conflict, as the issue was not dealt with and instead left to fester and grow.
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The Civil War
The Constitution, drafted in 1787, included several clauses that addressed slavery without directly mentioning it. The Three-Fifths Clause, for instance, counted three-fifths of each state's slave population towards that state's total population for the purpose of representation in the House of Representatives, giving Southern states more power. The Fugitive Slave Clause required that fugitive slaves, even in the North, be returned to their masters. The Slave Trade Clause prohibited Congress from banning the importation of slaves until 1808. These clauses, among others, protected and perpetuated slavery in the United States.
In the decades leading up to the Civil War, political tensions rose as abolitionists and proponents of slavery debated over whether new US territories would be admitted as slave or free states. The issue of slavery was a moral, ethical, and political dilemma that divided the nation. Despite the eventual prohibition of importing enslaved persons in 1808, the domestic trade in enslaved persons continued to flourish in the South.
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Frequently asked questions
Slavery is not explicitly mentioned in the Constitution, but it is alluded to in several clauses. The framers of the Constitution consciously avoided using the word "slavery" but included clauses that protected the practice. This was a compromise to ensure that the Southern states would join the Union.
There are four clauses that refer to slavery: the Three-Fifths Clause (Article I, Section 2), the Importation Clause (Article I, Section 9), the Fugitive Slave Clause (Article IV, Section 2), and the clause giving Congress the power to "suppress Insurrections" (Article I, Section 8).
The inclusion of these clauses temporarily strengthened slavery by embedding it into the fabric of American governance. However, they also created a central government powerful enough to eventually abolish slavery. The Three-Fifths Clause, for example, gave the South extra representation in the House of Representatives and extra votes in the Electoral College, while the Importation Clause prevented Congress from banning the slave trade until 1808.
