Slavery and The Constitution

1. Which five states have a large slave population?

2. In what section of the country are these states located?

3. Look at the states you listed in response to Question 1. What actions might these states take if slavery were outlawed by the Constitution?

4. What percentage of South Carolina's population was slave?

5. What problems could happen because of a state having a high slave population?

6. What five states had the fewest amount of slaves?

7. What section of the country were these five states from?

From the Constitution of the United States, 1787

The original Constitution does not mention the words "slave" or "slavery." The word slavery does not appear until the 13th Amendment when slavery was abolished. Instead of using the word "slavery," the writers of the Constitution used the words "bound to service."

8. Why do you think the writers of the Constitution did this?

9. The Constitution also refers to "other persons." Who do you think they were?

Article 1 - The Legislative Branch

Section 9 - Limits on Congress
The Migration (movement) or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited (stopped) 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.

10. Who might “such persons” be in Article 1, Section 9? Why do you think it was phrased that way?

11. Is Article 1, Section 9 for or against slavery? Explain.

12. What is significant about 1808 in Article 1, Section 9?

Portions of the Constitutional Convention Discussion over the Slave Trade
Records of the Federal Convention of 1787

Read the text below and decide if the author was for or against slavery. Write down their name and site the text to explain your answer.

Mr. Luther Martin (of Maryland) ...It was inconsistent [opposed; goes against] with the principles of the revolution and dishonorable to the American character to have such a feature (the slave trade) in the Constitution.

Mr. John Rutledge (of South Carolina) ...The true question at present is whether the Southern states shall or shall not be parties to the Union. If the Northern states consult their interest, they will not oppose the increase of slaves, which will increase the commodities [goods; products] of which they will become the carriers.

Mr. Oliver Ellsworth (of Connecticut) ...Let every state import what it pleases. The morality [worthiness]) or wisdom of slavery are considerations belonging to the states themselves...The old Confederation had not meddled [interfered] with this point, and he did not see the (need) for bringing it within the policy of the new one.

...Let us not intermeddle [interfere]. As population increases, poor laborers will be so plenty as to render slaves useless. Slavery, in time, will not be a speck in our country.

Mr. Charles Pinckney (of South Carolina)... South Carolina can never receive the plan (the Constitution) if it prohibits the slave trade.

...South Carolina and Georgia cannot do without slaves. As to Virginia, she will gain by stopping the importations...He admitted that it would be reasonable that slaves should be taxed like other imports; but should consider a rejection of the clause as an exclusion of South Carolina from the Union.

Mr. Roger Sherman (of Connecticut)...He disapproved of the slave trade; yet as the states were now possessed of the right to import slaves, and as it was expedient (useful) to have as few objections as possible to the proposed government, he thought it best to leave the matter as we find it. He observed that the abolition [end] of slavery seemed to be going on in the United States...

Col. George Mason (of Virginia) ...This infernal [evil] slave trade originated in the avarice [greed] of British merchants...The present question concerns not the importing states alone, but the whole Union....Maryland and Virginia he said, had already prohibited the importation of slaves expressly. North Carolina had done the same in substance. All this would be in vain if South Carolina and Georgia be at liberty to import. The Western people are already calling for slaves for their new lands....(slavery) brings the judgment of Heaven on a country....He held it essential in every point of view, that the general government should have power to prevent the increase of slavery.