Slavery and the Constitutional Convention

Slavery and the Constitutional Convention Importance

Some historians view slavery as the single most important issue at the Constitutional Convention. Under the Articles of Confederation, each state was essentially left to its own devices. States that were against slavery could ban it if they wanted, and states that wanted slavery could keep it. However, the idea of coming together under a stronger central government that would supersede the state government meant that Congress had to decide how the whole country would handle slavery.

As we'll see below, the Constitution avoids taking a unified stance, which sends an ambiguous message about slavery. It includes some provisions that gave power to slaveholders, but it doesn't endorse slavery. It created a federal government that was strong enough to eventually abolish slavery but also avoids saying anything against slavery.

Slavery and the Constitutional Convention Historical Context

The slave trade existed in the American colonies throughout the 17th and 18th centuries in all 13 colonies.

Slavery and the Revolutionary War

During the war, the British Army promised freedom to enslaved Black people if they would fight on their side. Roughly 20,000 enslaved people took them up on their offer (compared to 5,000 who later joined the American army).

Initially, enslaved men weren't allowed to fight on the American side. People were nervous that it would cause a slave uprising. However, when George Washington saw how many enslaved people were flocking to Britain's promise of freedom, he changed his mind. Many Black men fought alongside the Patriot army at famous battles like Lexington and Concord and Bunker Hill.

The American army did free some of the Black soldiers, but many ended up back in slavery after the war. Despite their contributions to the Revolutionary War, in 1792, Congress passed a law prohibiting all Black men from serving in the military.

A map showing the percentage of the population that was enslaved in each colony during the year 1770. Stilfehler,CC-BY-SA-3.0,2.5,2.0,1.0, Wikimedia Commons

Abolition Movement

Some colonies moved quickly to end slavery after declaring independence from Britain. Vermont prohibited slavery in 1777, while Pennsylvania voted in favor of abolition in 1780.

By 1804, all Northern states had passed laws to either immediately or gradually end slavery (some of the more gradual ones didn't fully end slavery for several decades).

Founding Fathers and Slavery

Some of the most famous figures in early American history espoused Enlightenment ideals like equality and individual rights, yet many of them also owned slaves. Out of the delegates at the Constitution Convention in 1787, almost half (25 out of 55) were slave owners.

A bill advertising an auction to sell enslaved people in South Carolina in 1769. Source: Wikimedia Commons, Author: Unknown, CC-PD-Mark

Supporters of Slavery

Some, especially the Southern delegates, saw slavery as their best chance at wealth and economic security, so they strongly supported it.

Opposed Slavery but still Owned Slaves

Many thought slavery was wrong, but since they also owned slaves, they were reluctant to push for abolition.

Opponents of Slavery

Those who didn't own slaves mostly thought slavery was wrong. But they didn't want to risk losing the Southern states' support for the Constitution by pushing for abolition.

Slavery and the Constitutional Convention Debate

The issue of slavery infused almost every discussion at the Constitutional Convention, from debates about the number of people each state would have in Congress to the regulation of commerce and westward expansion.

While some delegates didn't like slavery and hoped that it would fade away, they also wanted to solidify support from the Southern delegates. In the end, in exchange for support for the Constitution from the Southern states, they settled on three main provisions that protected slavery.

Fugitive Slave Clause

The Fugitive Slave Clause said that enslaved people who escaped to freedom in Northern states should be returned to the slaveholder in the South. Basically, it meant that even if someone crossed the border into a free state, they weren't guaranteed to be free - they could still be seized and returned to slavery.

Three-Fifths Clause

The Three-Fifths Clause spoke to the issue of apportionment.

The delegates debated whether enslaved people should count toward the state's population for apportionment purposes. Northern delegates didn't think they should count - if they didn't have any rights or citizenship in the South, it didn't make sense to count them. Plus, it would give the South a lot more power, since about one-fifth of the population was made up of enslaved people. For their part, Southern states wanted enslaved people to count so that they would have a higher number of representatives in Congress.

In the end, they came up with the infamous Three-Fifths Compromise. Under this compromise, enslaved people would count as 3/5 of a person for purposes of apportionment.

Slave Trade Clause

Supporters of slavery didn't want to risk Congress stepping in to end the slave trade under the new Constitution. The Slave Trade Clause said that Congress couldn't end the transatlantic slave trade for twenty years (until 1808). Individual states could end it earlier if they wanted to (and most of the Northern states did). In 1808, Congress did pass the "Act Prohibiting the Importation of Slaves," effectively ending the transatlantic slave trade.

An 1840 painting depicting the slave trade. Source: Wikimedia Commons, CC-PD-Mark Author: François Auguste Biard

Slavery and the Constitutional Convention Role

The debates that arose over the above provisions were so intense that many feared the Convention would fall apart. Slavery played a role in influencing the delegates to make compromises to provide some provisions to appease the Southern delegates without openly endorsing slavery.

Federal vs. State Oversight

The issue of whether slavery should be a national or state issue popped up throughout the Constitutional Convention. When South Carolina proposed a provision that would prohibit the federal government from regulating the Atlantic Slave Trade, others argued that the whole country would be responsible for suppressing slave revolts, which was enough reason to give the federal government oversight.

The Southern states felt that too much federal oversight would spell the end for slavery. John Rutledge of South Carolina, said that the Southern states "shall not be parties to the union" unless the slave trade was left to the states. The issue of states' rights and abolition continued until the Civil War.