SLAVERY AND THE CONSTITUTION

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DOCUMENT 1 - THE UNITED STATES CONSTITUTION (1787)

• “Is the word “slavery” found in the Constitution?”

• How many references are there? Where are they found?

• Highlight any words or phrases that indicate slaves or slavery from Document 1

Document 1 From the Constitution of the United States, 1787 Article 1 - The Legislative Branch Section 2 - The House of Representatives Representatives and direct Taxes shall be apportioned (shared) among the 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 - 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. Article 4 – The States Section 2 – State Citizens, Extradition No Person held to Service or labor in one State, under the Laws thereof, escaping into another, shall, in Consequence (result) of any Law or Regulation therein, be discharged (released) from such Service or labor, But shall be delivered up on Claim of the Party to whom such Service or labor may be due.

Source: Constitution of the United States of America, 1787 taken from A History of Us: Sourcebook by Joy Hakim

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DOCUMENT 1 QUESTIONS

•Working in pairs, complete questions for Document 1

Slavery and the Constitution Guiding Questions

Focus Question: “Were the Founders for or against the slave trade”? Document 1 ( from the Constitution of the United States, 1787)

1. In Article 1, Section 2, what language is used to indicate slaves and slavery? Why do you think it was phrased that way?

2. In Article 1, Section 9, what language is used to indicate slaves and slavery? Why do you think it was phrased that way?

3. What does Article 4 say about slavery?

4. How could you use Article 4 to answer the focus question? Document 2 (1790 Census Records: Chart of Slave Populations)

5. Which states have the largest slave populations?

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

7. What actions might these states take if slavery were outlawed by the Constitution?

DOCUMENT 2-1790 CENSUS RECORDS:CHART OF SLAVE POPULATIONS

•What is a census?• Which states had large slave populations (numbers or

percentages)?

• Which states had small slave populations?

• Highlight any words that indicate answers to the questions above..

Document 2

1790 Census Records: Chart of Slave Populations

State Total Population

(1790)

Slave

Population

Percentage

(%) of total

population

enslaved

Connecticut 237,655 2,648 1%

Delaware 59,096 8,887 15%

Georgia 82,548 29,264 35%

Maryland 319,728 103,036 32%

Massachusetts 378,556 0 0%

New Hampshire 141,899 157 0.1%

New Jersey 184,139 11,423 6%

New York 340,241 21,193 6%

North Carolina 395,005 100,783 26%

Pennsylvania 433,611 3,707 0.8%

Rhode Island 69,112 958 1%

South Carolina 247,073 104,094 42%

Virginia 747,550 292,627 39%

Source: GEOSPATIAL and STATISTICAL DATA CENTER, University of Virginia Library

DOCUMENT 2

•Working in pairs, complete questions for Document 2

Slavery and the Constitution Guiding Questions

Focus Question: “Were the Founders for or against the slave trade”? Document 1 ( from the Constitution of the United States, 1787)

1. In Article 1, Section 2, what language is used to indicate slaves and slavery? Why do you think it was phrased that way?

2. In Article 1, Section 9, what language is used to indicate slaves and slavery? Why do you think it was phrased that way?

3. What does Article 4 say about slavery?

4. How could you use Article 4 to answer the focus question? Document 2 (1790 Census Records: Chart of Slave Populations)

5. Which states have the largest slave populations?

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

7. What actions might these states take if slavery were outlawed by the Constitution?

DOCUMENT 3-

“NOTES FROM AUGUST 21, 1787, THE CONSTITUTIONAL CONVENTION

• As WE read, place a “+” or “-“ In front

of each writer to sort them according to whether they supported or opposed slavery.

• Then, HIGHLIGHT WORDS or PHRASES =that help you to answer the question.

• “Were the founders for or against theslave trade?”

Source: Max Farrand, ED., The Records of the Federal Convention of 1787

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Document 3 Focus Question: Were the Founders for or against the slave trade? Instructions: As you read, circle phrases that will help you to answer the question. Document: Portions of the Constitutional Convention Discussion over the Slave Trade from Max Farrand, ED., The Records of the Federal Convention of 1787

Notes (What does the document mean?), Key Vocabulary Terms,

Key Concepts Document: Notes from August 21, 1787

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

commodities – goods; products 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 of which they will become the carriers.

morality – worthiness meddled – interfered Import - to bring

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

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

• ANNOTATE in the margins of Document 3 anything that helps you to understand what the document means, questions you might have, or connections to the focus question.

DOCUMENT 3

“WERE THE FOUNDERS FOR OR AGAINSTTHE SLAVE TRADE”

Source: Max Farrand, ED., The Records of the Federal Convention of 1787

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Notes (What does the document mean?), Key Vocabulary Terms,

Key Concepts Document: Notes from August 21, 1787

expedient – useful abolition – end

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 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 of slavery seemed to be going on in the United States.

infernal – evil avarice – greed

Col. George Mason (of Virginia) This infernal [slave] trade originated in the avarice of British merchant. 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.

Intermeddle - interfere Mr. Ellsworth (of Connecticut) Let us not intermeddle. 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.

Imports – products from another country

General Charles Pinckney (of South Carolina) 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.

DOCUMENT 3

“NOTES FROM AUGUST 21, 1787, THE CONSTITUTIONAL CONVENTION

•Working in pairs, complete the questions for Document 3

8. How might you use this chart to answer the focus question?

Document 3 - Notes from August 21, 1787, the Constitutional Conventio n

9. What do Oliver Ellsworth and Roger Sherman say about the importation of slaves and the spread of slavery? Look at all three quotations.

Does this suggest they are for or against slavery? Explain.

10.What do the delegates from South Carolina threaten to do? Why?

11.Why do you think George Mason feels that the general (federal) government should have the power to stop slavery?

12.How might you use this document to answer the focus question?

The Founders and the Slave Trade

Background:

In 1787 twelve states sent delegates to Philadelphia for a Constitutional Convention. The delegates at the Constitutional Convention disagreed about many issues. One issue that they disagreed about was the slave trade. By reading the debates on the slave trade and Articles 1 and 4 of the Constitution, you can see what the Founders thought and decided about the slave trade. Based on the following sources: Document 1 (the Constitution of the United States, 1787), Document 2 (the 1790 Census Records), and Document 3 (Notes from the Constitutional Convention), answer the following question.

Prompt: Were the Founders for or against the slave trade?

Task: Using the paragraph organizer, write one paragraph in A.C.E.S format in which you:

1. Write a clear thesis statement that addresses the question. 2. Cite and explain at least three pieces of textual evidence from the documents to support

your argument.

Suggested Academic Vocabulary:

slave trade

compromise

economic

northerners

southerners

founders

political or politics

prohibited

Importation

Union

Subject

Topic Sentence (Main Idea)

The Founders were for/against the ________________________ because (reason 1) __________, (reason 2) ______________ and (reason 3)_________________.

Explanation of Reason 1

Concluding Thought

This shows that the Founders were ________________________________________________________

_______________________________.

Student Handout 5

Explanation of Reason 3

Explanation of Reason 2

Paragraph Organizer

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