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DIGGING DEEPER TO BETTER UNDERSTAND THE EFFECT OF THE SLAVE TRADE CLAUSE
ARTICLE I, SECTION 9, CLAUSE 1
(Read the clause in context here.)
Consider these points.
First, however terrible the 20-year reprieve for the slave trade was, it had a benefit; it established a date when Congress could act to end it. You may know that the Federalist Papers were written by several of America’s Founders to promote the ratification of the Constitution. In Federalist #38 James Madison defended this stipulation with these words: “Is the importation of slaves permitted by the new Constitution for twenty years? By the old [the Articles of Confederation], it is permitted forever.”
Matthew Spalding writes, “Although protection of the slave trade was a major concession demanded by pro-slavery delegates, the final clause was only a temporary exemption from a recognized federal power for the existing states.” Furthermore, while it was true that the provision did not require Congress to pass legislation eliminating the slave trade in 1808 but permitted it to do so, on March 2, 1807, Congress did just that, and President Thomas Jefferson signed it into law. The act took effect on January 1, 1808.
Second, while the constitutional restriction prohibited Congress from eliminating the slave trade for a 20-year period, individual states were free to put an end to the trade, and many already had.
Third, we should note that the final version of this guideline “limits the Congressional prohibition to the existing States thus inviting the future restriction of slavery in the territories. In this regard, it is important to note that the Confederation Congress restricted slavery in the Northwest Territories in exchange for the return of fugitive slaves. The delegates adopt this Ordinance solution as part of Article IV.” This provision read, “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.” See Article IV, Section 3, Clause 2 in context.
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