Slavery & the Constitution

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Presentation transcript:

Slavery & the Constitution 1787 (ratified 1788, into effect 1789)

Background Founders’ philosophy was allegedly to prevent tyranny, but paradoxically permitted + protected slavery 1/5 of the population was enslaved in 1787 All states had slaves w/i boundaries + all white non-slave owners benefited in direct + indirect ways from the institution Many delegates, even slaveowners themselves, condemned slavery as abominable and anti-American, but . . . kept owning slaves

Background Articles of Confederation said nothing about slavery, leaving the issue to the states At the Constitutional Convention, the topic was explored/somewhat debated, but it was a delicate subject Some northern states who had written state constitutions that gradually abolished slavery over several decades chose not to push too hard on this issue nationally

The Atlantic Slave Trade Many supported an end to the cruel Atlantic slave trade But some threatened to bail if the trade was banned Convention compromised by denying Congress the power to regulate the international slave trade until 1808 Only at that point could Congress abolish (or choose not to abolish) it

Protecting Slavery: Fugitive Slave Clause The Fugitive Slave Clause was included to placate Southerners; allowed masters to reclaim enslaved blacks or white indentured servants who fled to other states

Slave Representation & Taxes Debate Southern Perspective Northern Perspective Southerners wanted slaves counted as part of population (for representation purposes) but not when determining each state’s share of taxes It is ironic that Southerners wished to include slaves as part of their population since they considered slaves property Northerners wanted slaves to be counted when determining state taxes but not for representation since they could not vote

Slave Representation & Taxes Debate Convention compromised by counting slaves as 3/5ths of a free person for purposes of both representation and taxation Helped Southerners dominate the national government until 1860

Slavery & the Constitution “pro-slavery document” How? Framers left important questions of equality/fairness to the future Thankfully, the national government was strong enough + adaptable enough to eventually abolish slavery (1865)