The Constitution has often been called a living tribute to the art of compromise. The delegates of the Constitutional Convention came from all over the country. Each individual came with the intention to keep his interests, as well as, the interests of the region they represented secure. These were educated men with considerable wealth, most of which were involved in politics previously. Several of the Constitutional compromises were made in the area of slavery and the terms used are racist. Slave owners did not see slaves as people, instead viewed them as part of their property, therefore not worthy of the rights given to other men and women. Although slavery was starting to be viewed as philosophically wrong, many of the delegates were slave owners themselves.
By the time of the Constitutional Convention in 1787, slavery in the United States was a widespread reality. In the census of 1790, there were slaves counted in almost every state with the exception of Massachusetts and the districts of Vermont and Maine. The census concluded that of the 3.8 million people that were counted in the United States, 700,000 of them were slaves.
When the Constitutional Convention met, in the 1780’s, there was no great movement to abolish slavery. There were opponents of slavery on a philosophical level; however, many Americans believed that slaves were essential for the economy of this new nation to succeed. Prior to the Convention in 1787, many “Founding Fathers” expressed opinions that condemned slavery, however these are the same men who owned slaves themselves.
The Convention had representatives from every corner of the country, including the south, where slavery was most common. Each representative had his own special interests according to the area of the country that he represented, both politically and philosophically. Obviously, these differences of opinion caused a lot of debate during the creation of the Constitution. Compromises had to be made in order for the document to be completed. If the nation did not guarantee the continuation of slavery to the South, it was questioned whether they would form their own nation.
Although some key provisions of the Constitution dealt with slavery, the words “slave” and “slavery” were not mentioned a single time. In its place words such as “person” or “persons” appear as euphemisms for slaves and slavery. The first direct mention of slavery in the Constitution did not appear until 1865, when the Thirteenth Amendment was ratified. However, there are several provisions in the document that can be interpreted as being racist due to the common practice of slavery during the 1780’s. On September 17, 1787, just before the delegates to the Constitutional Convention voted to adopt the document, Benjamin Franklin said, “For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all of their prejudices, their passions, their errors of opinions, their local interests and their selfish views.” Franklin (a slave owner), who supported the abolition of slavery, was undoubtedly referring to the compromises made over the issue of slavery.
Slavery is seen in the Constitution in three specific areas. The first place is in the Enumeration Clause, where representatives are apportioned. Representatives of the state are given based on the states population. In that population, slaves are called “other persons” and are counted as three-fifths of a whole person. This compromise was agreed upon with little debate. Article I, Section 2, Clause 3 specifically states: Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole number of free persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other persons.
In the migration and importation clause, Congress is limited from prohibiting the “Importation” of slaves, before 1808. The date, a compromise of 20 years, allowed the slave trade to continue, but placed a date being certain of its survival in the future. This prohibited Congress from ending the slave trade before 1808. Congress eventually passed a law that outlawed the slave trade that became effective on January 1, 1808. The provision in Article I, Section 9, Clause 1 specifically states: The migration or importation of such Persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The Fugitive Slave Clause is the last mention in the Constitution. This involved the issue that slave states had concerning the extradition of escaped slaves. The clause states that the laws of one state cannot excuse a person from “service or labor” in another state. This clause requires that the state in which the escapee is found deliver the slave to the state he escaped from “on claim of the party”. Specifically the Constitution states in Article IV, Section 2, Clause 3: No Person held to Service or Labour in one State, under the laws thereof, escaping into another, shall, in consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered upon Claim of the Party to whom such Service or Labour may be due.
Other areas of the Constitution can be interpreted as being racially biased as well, however they are not as direct as the above-mentioned provisions. For example, under Article I, Section 8 Congress is empowered to provide for calling up the states militias for insurrections, which can be interpreted as including the uprising of slaves. Also under Article IV, section 4, the government was obliged to protect the states against domestic violence, which can be interpreted as including the slave insurrections as well.
The South opposed the abolition of slavery because they felt that it was necessary for the survival of the economy. Many of the “Founding Fathers” expressed opinions that condemned slavery, however decided to compromise during the writing of the Constitution. Men such as Benjamin Franklin, Thomas Jefferson and George Washington both publicly disapproved of slavery, yet they owned slaves themselves. In my opinion, slavery was not only tolerated in the Constitution, it was woven into the fabric of the Constitution.