Sparks Commentary: What did the Constitution say about slavery?

The original Constitution never used the words "slave" or slavery," but it sure did talk about them ...

In the Constitutional Convention, the Northern and Southern states agreed to a number of compromises about slavery. But in the Constitution itself, you will not find the words "slave" or "slavery" anywhere (at least, not until the Thirteenth and Fourteenth Amendments of the 1860's).

Constitutional Convention, 1787

For example, it used euphemisms like "service or labour," or the "importation of such persons"

Instead, you will find a number of diplomatically-worded euphemisms that were meant to ease the consciences of Northerners on this issue, such as the ones that follow. Instead of "slavery," they say "service or labour." Instead of the "slave trade," they say the "importation of such persons." And instead of just saying "slaves," they say "three-fifths of all other persons" (which I will elaborate on later here.)

Slave dance to banjo, 1780's

These clauses paint a disturbing picture of this time

I have discussed these clauses at length in three of my other blog posts, so I will not attempt to give complete explanations of these things here. Suffice it to say here, though, that these clauses are all interrelated; and that they paint a picture (often disturbing) of the legal status of slavery at this time. In the interest of time, I will minimize my commentary here (since I have done that commentary elsewhere); and just give the text of the clauses themselves. Then I will show how they all relate to each other with a picture.

United States Constitution

Two of the clauses about slavery were temporarily immune to constitutional amendments ...

" ... no amendment which may be made prior to the year 1808, shall in any manner affect the first and fourth clauses in the ninth section of the first article ... " (Source: Article 5 of the Constitution)

Slave who was brutally whipped

One was the Slave Importation Clause (which automatically expired in 1808)

"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 1808, but a tax or duty may be imposed on such importations, not exceeding 10 dollars for each person." (Source: Article 1, Section 9, Paragraph 1)

Slave trading business in Atlanta, Georgia 1864

The other was the Tax Apportionment Clause, which made taxation dependent upon the census (and by extension, the Three-Fifths Clause)

"No capitation, or other direct tax shall be laid unless in proportion to the census or enumeration herein before directed to be taken." (Source: Article 1, Section 9, Paragraph 4)

United States Capitol

This was modified by the Sixteenth Amendment (and effectively repealed)

"The Congress shall have power to lay and collect taxes on incomes, from whatever sources derived, without apportionment among the several states, and without regard to any census or enumeration." (Source: Sixteenth Amendment [ratified 1913])

Capitol Dome

The infamous Three-Fifths Clause affected both taxation and, most importantly, representation

"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 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." (Source: Article 1, Section 2, Paragraph 3)

Capitol Dome at night

Fourteenth Amendment replaced Three-Fifths Clause with new rules about representation

"Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed." (Source: Fourteenth Amendment, Section 2 [ratified 1868])

Census Bureau headquarters in Suitland, Maryland

Fugitive Slave Clause required slaves to be recaptured, even if they escaped onto free soil

"No person held to service or labour [a. k. a. "slavery"] 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 on claim of the party to whom such service or labour may be due." (Source: Article 4, Section 2, Paragraph 3)

Dred Scott, a fugitive slave who unsuccessfully sued for his freedom

Thirteenth Amendment banned slavery and "involuntary servitude"

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have power to enforce this article by appropriate legislation." (Source: Thirteenth Amendment [ratified 1865])