Malcolm Rivera
The inclusion of the slave trade clause in the US Constitution was a compromise to appease southern states, which relied on slave labour, and to garner their support for a strong central government. The clause prohibited Congress from banning the Atlantic slave trade for 20 years, until 1808, and avoided the use of the words 'slave' and 'slavery', instead referring to slaves as 'persons'. The Constitution also included the Fugitive Slave Clause, which required the return of runaway slaves to their owners. The slave trade clause is no longer constitutionally relevant, but it remains in the Constitution, serving as a reminder of the moral stain of slavery on the nation's foundation.
| Characteristics | Values |
|---|---|
| Reason for inclusion | To gain the support of southern delegates for a strong central government |
| Who it benefited | Southern states |
| Who opposed it | Some members of the Constitutional Convention, including Luther Martin of Maryland |
| Who supported it | Thomas Jefferson, who would have lost the election of 1800 without it |
| Who it excluded | A majority of Americans, according to Thurgood Marshall, the first African American to sit on the Supreme Court |
| Clauses included | Three-Fifths Clause, Fugitive Slave Clause, ban on Congress ending the slave trade for twenty years, slave insurrection clause |
| Date ban expired | 1808 |
| Amendment number | First |
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What You'll Learn
The Three-Fifths Clause
The Southern states wanted to count slaves as full persons for representation but not grant them any rights, while the Northern states wanted to count slaves as zero persons, as they had no political power. The Three-Fifths Compromise was a way to balance the representation of states based on their population while also recognising the inhumane nature of slavery. It is important to note that this clause did not grant slaves any additional rights or freedoms and was a compromise made during the formation of Congress.
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The Fugitive Slave Clause
The clause was included in the Constitution as a compromise to ensure the support of southern delegates for a strong central government. The framers of the Constitution believed that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union. However, by sidestepping the issue of slavery, the framers laid the foundation for future conflict.
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The slave trade clause's expiration
The Slave Trade Clause, also known as the Importation Clause, was included in the US Constitution to delay the prohibition of the Atlantic slave trade for 20 years. This was a compromise to appease southern delegates, who threatened to refuse to join the Union if the Constitution restricted the slave trade.
The clause, found in Article I, Section 9, was constitutionally inoperative after 1808, but it remains in the Constitution. The compromise was that in exchange for a 20-year ban on any restrictions on the Atlantic slave trade, southern delegates 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.
During the 20-year period between the adoption of the Constitution and 1808, popular support for the abolition of the slave trade and slavery itself increased in the United States and other countries. In the 1790s, Congress passed statutes regulating the trade in slaves by US ships on the high seas. The United Kingdom and other countries also passed legislation restricting the slave trade, increasing international pressure on the US to curb the practice.
The Slave Trade Clause is an example of a provision with a built-in expiration date, after which the powers of the federal government would no longer be restricted. While the clause is no longer constitutionally relevant, it still holds cultural and political relevance in the discourse of the morality and profitability of the international trade in human beings.
The US Constitution included four clauses that indirectly addressed slavery and the slave trade without using those terms. These were the Three-Fifths Clause, the ban on Congress ending the slave trade for 20 years, the Fugitive Slave Clause, and the slave insurrections. The Three-Fifths Clause, found in Article I, Section 2, 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 around a third of the population of the Southern states at that time.
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International pressure to regulate slave trade
International pressure to regulate the slave trade was mounting at the time of the drafting of the US Constitution. The United Kingdom had already taken steps to curb the practice, and other countries were following suit. This put pressure on the US to address the issue. The UK's efforts were enforced through a network of international treaties prohibiting the slave trade.
The US Constitution included several clauses related to slavery, including the Three-Fifths Clause, the ban on Congress ending the slave trade for twenty years, the Fugitive Slave Clause, and the slave insurrections clause. These clauses were an attempt to address the issue of slavery without directly mentioning it, as the framers of the Constitution believed that slavery was morally wrong and wanted to avoid a permanent moral stain on the document. They also wanted to avoid using the word "slave," instead referring to slaves as "persons."
The Three-Fifths 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." These "other persons" were the African slaves who made up a significant portion of the population of the Southern states. The Fugitive Slave Clause required the return of runaway slaves to their owners, and it was supported by legislation since the early days of the nation. The slave insurrections clause gave the federal government the power to put down domestic rebellions, including slave uprisings.
While the Slave Trade Clause may no longer be constitutionally relevant, having expired in 1808, it is important to remember that it was included in the Constitution to address the international pressure to regulate the slave trade. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. By sidestepping the slavery issue, however, they laid the groundwork for future conflicts, as the first African American Supreme Court Justice Thurgood Marshall pointed out.
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The slave trade as a moral stain
The slave trade clause, also known as the Three-Fifths Clause, was included in the US Constitution as a compromise to appease southern delegates, who would otherwise refuse to join the Union. The clause prohibited Congress from banning the Atlantic slave trade for 20 years, after which the federal government would gain the power to restrict the slave trade.
The slave trade clause was a concession to the southern states, who relied heavily on slavery at the time. 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." These "other persons" referred to the African slaves who comprised around one-third of the Southern states' population.
Many of the framers of the Constitution had moral qualms about slavery and believed it was a curse and dishonorable to the American character. They intentionally avoided using the words "slave" and "slavery" in the document, instead referring to slaves as "persons." This was because they believed that slavery was morally wrong and would eventually die out, and they did not want a permanent moral stain on the Constitution.
Despite their efforts to avoid the issue, the framers left the seeds for future conflict by sidestepping the slavery question. The slave trade clause, though no longer constitutionally relevant, remains a reminder of the moral stain of slavery in the nation's foundation. It highlights the contradiction between the ideals of freedom and equality espoused by the Revolution and the cruel reality of slavery and racial inequality.
The controversy surrounding the slave trade clause and its inclusion in the Constitution reveals a complex chapter in American history. While the document aimed to establish a strong central government, it also had to navigate the contentious issue of slavery, which would ultimately lead to the Civil War and the struggle for racial equality that continues to this day.
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Frequently asked questions
The Slave Trade Clause, also known as the Importation Clause, is a part of the US Constitution that prevented Congress from banning the Atlantic slave trade for 20 years.
The Slave Trade Clause was included in the Constitution as a compromise to get the support of southern delegates for a strong central government. The framers of the Constitution believed that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union.
Many of the framers of the Constitution had moral qualms about slavery. For instance, Luther Martin of Maryland said that the slave trade was "inconsistent with the principles of the Revolution" and "dishonorable to the American character". The first African American to sit on the Supreme Court, Thurgood Marshall, later said that the Constitution was "defective from the start" due to its concessions to slavery.
Some argued that the Slave Trade Clause was necessary to gain the support of southern states and form a Union. Abraham Lincoln also contended that the Constitution sought to put "slavery in the course of ultimate extinction".
The Slave Trade Clause expired in 1808, after which Congress gained the power to restrict the slave trade. However, the legacy of slavery and the Slave Trade Clause continued to have cultural and political relevance in the discourse of racial inequality.
