The phrase
used for slave in Article 1 and elsewhere is “other persons” or “such persons.” Caution: The reason that
the Thirteen Amendment is necessary is to end slavery is because the
Constitution supported slavery.
Here are the
clauses that support these aspects of slavery, with each provided below in
order in the table:
1.
Article I,
Section 2, Paragraph 3 –Determining the state’s population for the purpose of
taxation and representation
A count of three-fifths of slaves were added to the count of free white people,
including indentured servants, to determine the total population for the state
and therefore:
§
Total amount
of taxes the state paid
§
Total number
of representatives the state received (both House of Representatives and the
Electoral College) and therefore the number of representatives that eligible white male voters could vote for. (Tip: some students seem to think that slaves could vote and
that is not so.)
2.
Article I,
Section 9, Paragraph 1 - Being able to buy slaves from Africa until 1808.
3.
Article IV,
Section 2, Paragraph 3 - Requiring all states to return escaped slaves (or
indentured servants) to their owners
4.
Article V - Stating
that there could be no amendment to number 2 above
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Location |
Clause from the Constitution |
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Article I,
Section 2, Paragraph 3 |
Representatives
and direct taxes shall be apportioned 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 [that is slaves]. |
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Article I,
Section 9, Paragraph 1 |
Section 9. The migration or importation
of such persons [that is slaves] 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
IV, Section 2, Paragraph 3 |
No person
held to service or labor in one state [that is a slave or an indentured
servant], 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. |
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Article V
regarding when amendments can occur to the first Paragraph (above) in section 9 of Article 1 |
[Amendments to the Constitution can occur]
provided that no amendment which may be made prior to the year one thousand
eight hundred and eight shall in any manner affect the first and fourth
clauses in the ninth section of the first article; |
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WCJC
Department: |
History – Dr. Bibus |
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Contact
Information: |
281.239.1577 or bibusc@wcjc.edu
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Last
Updated: |
2020 |
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WCJC Home: |
http://www.wcjc.edu/ |