1787

James Madison's notes record the Three-Fifths Clause debate at the Constitutional Convention. Southern delegates demanded enslaved people count fully for apportionment; Northern delegates argued they should not count at all. The compromise counted each enslaved person as three-fifths of a person for representation purposes, giving slaveholding states 25 extra congressional seats and distorting national politics until 1865.

Article I, Section 9 of the Constitution barred Congress from prohibiting the international slave trade until 1808, at the insistence of South Carolina and Georgia delegates. Madison's notes record his discomfort but ultimate acquiescence. The 20-year guarantee was a central condition of Southern ratification. Approximately 170,000 more Africans were legally imported in the period before the 1808 ban took effect.

Article IV, Section 2 of the Constitution required that persons 'held to service or labor' who escaped to free states be returned to their enslavers. This clause, never using the words 'slave' or 'slavery,' nationalized slavery's enforcement by binding free states to its maintenance. It was the constitutional basis for the 1793 Fugitive Slave Act and later the far more draconian 1850 Act.

Article I, Section 9 of the Constitution prohibited Congress from banning the importation of enslaved people before 1808, at the insistence of South Carolina and Georgia delegates Charles Cotesworth Pinckney and Pierce Butler. Pinckney argued openly that his state would not ratify without it. The clause allowed over 100,000 more Africans to be imported in the following two decades. Congress banned the trade in 1807, effective January 1, 1808 — the earliest constitutionally permitted date.

At the Constitutional Convention in Philadelphia, delegates agreed that enslaved people would count as three-fifths of a person for apportioning Congressional representation and direct taxes. Madison's notes show Gouverneur Morris denounced it as giving slaveholders political power derived from their victims: 'the inhabitant of Georgia and South Carolina who goes to the Coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connect

Article I, Section 9 of the Constitution prohibited Congress from banning the international slave trade before 1808, a direct concession to South Carolina and Georgia. Charles Pinckney and Pierce Butler of South Carolina threatened to walk out if the trade was restricted. In the 20-year window, an estimated 170,000 additional Africans were forcibly imported into the United States. South Carolina alone re-opened its trade in 1803 and imported roughly 40,000 Africans in five years. The clause was also evidence that the Constitution was explicitly constructed to protect slavery.

Article IV, Section 2, Clause 3 of the Constitution required that any person 'held to Service or Labour' who escaped to another state must be 'delivered up on Claim of the Party to whom such Service or Labour may be due.' It applied across all states, including free states, and obligated Northern states to participate in the return of freedom-seeking people. The clause was inserted at the insistence of Southern delegates and passed without recorded dissent. It nationalized the institution of slavery by making the entire country complicit in its enforcement.

Absalom Jones and Richard Allen co-founded the Free African Society in Philadelphia in April 1787 — the first independent Black civic organization in the United States. It provided mutual aid, burial insurance, and support to newly freed and free Black Philadelphians. The Society later became the nucleus of the first Black church denominations: Jones's African Episcopal Church of St. Thomas and Allen's Bethel African Methodist Episcopal Church. It modeled Black self-determination outside white i

The Northwest Ordinance of 1787 declared: 'There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes.' This was the first federal prohibition of slavery in any jurisdiction. However, a fugitive slave clause required the return of escaped enslaved people from free states. Indiana Territory slaveholders subsequently used indentured servitude contracts — some lasting 99 years — to maintain what was effectively chattel slavery well int

The Northwest Ordinance banned slavery in the territory north of the Ohio River but permitted indentured servitude. Indiana Territory Governor William Henry Harrison exploited this loophole aggressively, advocating for multi-decade indenture contracts that functioned as de facto slavery. Hundreds of Black people were held in long-term indenture in Indiana and Illinois through the 1820s, making the 'free territory' designation largely nominal.

In 1787 Prince Hall and 73 other free Black Bostonians petitioned the Massachusetts legislature for a school for Black children, noting that Black taxpayers were denied access to public schools their taxes supported. The legislature rejected the petition. The African Masonic Lodge then organized its own school, meeting in Hall's home. The petition was one of the earliest formal demands by Black Americans for equal access to public education and anticipated the school desegregation battles of the

The Constitution counts the enslaved as three-fifths of a person and protects the slave trade.

Slavery is prohibited in the Northwest Territory, shaping the free-state North.