When the Constitution of the United States was signed in 1789 it did not mention slavery directly and didn’t use the word “slave.” Still, to ensure Southern states would support the Constitution, the writers made concessions to southern slaveholders, guaranteeing their right to continue the system of enslavement. Lowell’s anti-abolitionists frequently used these articles to support Southern states’ rights to enslave African people, even while denouncing slavery as a system.
Apportioned: Divided according to a plan
“Bound to service”: Enslaved
“Three-fifths of all other persons”: This article states that all enslaved people would be counted as 3/5 of a white person for representation and taxation purposes. Also known as the “3/5 clause.”
Importation: The act of bringing in goods from another country, in this case the trans-Atlantic trafficking of enslaved people.
... Article 1, Section 2
Representatives and direct taxes shall be apportioned among 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. ...
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 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. ...
Article 4, Section 2
No Person held to Service or Labor 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 Labor, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due. ...
Note that the word “slave” does not appear here. List the words or phrases the writer used instead to refer to enslaved people.
How does each article protect the institution of slavery?
Why might the writers of the Constitution have avoided using the terms “slave” or “slavery”?
Compare this document with Documents 41, 42, and 43 to analyze how anti-abolitionists used these Constitutional amendments to defend the rights of southern enslavers.