Slavery and the Constitution

Is the Constitution, as it was originally written, a pro-slavery document?

FactThe word “slavery” is never used in the

Constitution.

49% of the attendees at the Constitutional Convention owned slaves.

Fact

19 owned multiple slaves and relied upon slave labor for their livelihood

Of those 27 men

Several of those men were from Northern states.

Fact

and essentially agreed to sidestep the issue of slavery in the interest of national unity.

They discussed it

But the economic realities made them keep it.

Many felt slavery was wrong and should be

done away with.

excerpts from the Constitution

So here’s what they wrote:

“Representatives and direct Taxes shall be apportioned among the several States...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.”

Article 1, Section 2

That last part:

“three fifths of other Persons”

That means the slaves.

Article 1, Section 9

“The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by 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.”

That means:

Congress can’t stop states from importing slaves until 1808, when it can pass a law outlawing it if it wants to.

But it can impose a $10 tax on each slave.

Article 4, Section 2

“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 up upon Claim of the Party to whom such Service or Labour may be due.”

That means

If a slave escapes to a state that has no slavery, the free state must return the slave to its former state.

But only if the slave owner formally requests that this happen.

Each Article and Section

Has been overturned.● Art. 1, Sec 2: OVERTURNED by 14th

Amendment, section 2● Art. 1, Sec 9: OVERTURNED by Congress

March 1807--took effect Jan 1, 1808.● Art. 4: Sec 2: OVERTURNED by 13th

Amendment.

What do you think?Is the Constitution, as originally written, a

pro-slavery document?