The Constitution and Slavery

Delegates at the 1787 Constitutional Convention argued about slavery on and off that entire long, hot summer.

Many Northern delegates wanted to abolish slavery, or at least phase it out over time. Most Southern delegates, however, wanted to continue the practice because it provided an enormous economic boost to their economy. Some delegates thought slavery was immoral; others regarded it as a justified subjugation of inferiors.

Ultimately, attempts to end slavery failed, mostly because of fears that if slavery was abolished, then several Southern states would leave the country. The Constitution therefore said little on the topic--the convention chose not to use the words "slave" or "slavery" in the final document.

Here's what it did say.

1) The import of slaves from outside of the United States could not be ended or limited until 1808 (about 20 years in the future). In fact, in 1808 Congress did ban the import of slaves though this law was often violated and few of the illegal importers of slaves were caught.

2) Escaped slaves were required to be returned to their owners, even slaves that escaped to anti-slavery Northern states. That law was often disobeyed, too.

3) Slaves were counted as 3/5 of a person for purposes of apportionment (counting how many people live in a state to determine how many representatives that state would send to Washington) and taxation (tax bills were sent to states on the basis of population, unlike the personal income taxes we pay in the present). Counting a slave as 3/5 of a person seems barbaric to nearly everyone today.

In effect, except for a few provisions, the Founders punted on slavery. What was the result?

Most of the 35 million or so people who were slaves in American history were in bondage after 1787. Their lack of rights or choices and their enormous suffering are hard to calculate or imagine.

The controversy over slavery would dominate American politics for eight decades and stir up turmoil and anguish in our national politics.

The Civil War, largely about a nation half slave and half free, would result in perhaps as many as 700,000 deaths. The aftermath of that war, the collapse of the Reconstruction period, still haunt our politics and our national identity.

The failure of the Founders to resolve this issue is perhaps the greatest single failure in the history of our country and reverberates down to the present. They came up with many brilliant solutions to problems, some of which have withstood the demands of time and change, but let us not overpraise them, as the late Assoc. Justice Thurgood Marshall said. They were fallible.

And the issue of slavery shows us how entirely mortal they were.