Did the constitution of 1787 recognize and protect slavery?

Answer 1

Although the writers of the Constitution were careful to avoid the word "slavery", they did protect the institution through three separate clauses.

Article I, Section 2, Clause 3 contains the 3/5 clause, in which 5 slaves are counted as 3 votes, thereby recognizing their status as "less than whole".

"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..."

Article I, Section 9, Clause 1 prohibited congress from ending slave trade before 1808

"The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year 1808; but a tax or duty may be imposed on such importation, not exceeding $10 for each person..."

And finally, Article IV, Section 2, Clause 3 contains the fugitive slave clause, supporting the return of runaway slaves

"no Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be due..."

Though they opted for the more "politically correct" euphemisms such as "persons held to service or labor", there is no doubt as to what they meant. In doing this, they were able to protect the institution of slavery while keeping their hands somewhat clean of the issue. The main goal of the writers of the Constitution was to unite the country. If they had either openly condoned or condemned slavery, they likely would not have attained the necessary votes for ratification, and their goal of unification would have been that much more difficult.