3.4 Legal and Social Foundations of the Slave System

The legal foundations of slavery in America were built on constitutional compromises and federal laws that legitimized and protected the institution. These included the Three-Fifths Compromise, Fugitive Slave Laws, and the Dred Scott Decision, which denied citizenship to African Americans.

Racial ideology and white supremacy justified slavery, while abolitionism and manumission efforts challenged it. Slave patrols and laws enforced control, limiting freedom for enslaved and free African Americans alike. These systems shaped the complex landscape of slavery in colonial and antebellum America.

Legal Foundations of Slavery

Constitutional Compromises

Top images from around the web for Constitutional Compromises

• 

  Slave states and free states - Wikipedia View original

  Is this image relevant?

• 

  The Origins and Outbreak of the Civil War | United States History I View original

  Is this image relevant?

• 

  The Missouri Crisis | US History I (OS Collection) View original

  Is this image relevant?

• 

  Slave states and free states - Wikipedia View original

  Is this image relevant?

• 

  The Origins and Outbreak of the Civil War | United States History I View original

  Is this image relevant?

1 of 3

Top images from around the web for Constitutional Compromises

• 

  Slave states and free states - Wikipedia View original

  Is this image relevant?

• 

  The Origins and Outbreak of the Civil War | United States History I View original

  Is this image relevant?

• 

  The Missouri Crisis | US History I (OS Collection) View original

  Is this image relevant?

• 

  Slave states and free states - Wikipedia View original

  Is this image relevant?

• 

  The Origins and Outbreak of the Civil War | United States History I View original

  Is this image relevant?

1 of 3

• Three-Fifths Compromise reached during the Constitutional Convention in 1787 counted three-fifths of a state's enslaved population for representation and taxation purposes
  • Increased political power of Southern states in the House of Representatives
  • Enshrined the institution of slavery in the Constitution, legitimizing it as a legal practice
• Missouri Compromise of 1820 attempted to maintain the balance of power between free and slave states
  • Admitted Missouri as a slave state and Maine as a free state
  • Prohibited slavery in the Louisiana Territory north of the 36°30' parallel, except for Missouri

Federal Slave Laws

• Fugitive Slave Laws (1793 and 1850) required the return of escaped slaves to their owners
  • Denied due process rights to accused fugitive slaves
  • Imposed penalties on individuals who aided escaped slaves
  • Strengthened the institution of slavery by making it difficult for slaves to escape to free states
• Dred Scott Decision (1857) ruled that African Americans, whether enslaved or free, were not U.S. citizens and had no standing to sue in federal court
  • Declared that Congress had no power to ban slavery in the territories
  • Invalidated the Missouri Compromise, opening all territories to slavery

Ideology and Resistance

Racial Ideology and White Supremacy

• Racial ideology developed to justify the enslavement of Africans and their descendants
  • Pseudoscientific theories claimed that Africans were biologically inferior to Europeans
  • Religious arguments asserted that slavery was a "positive good" that "civilized" Africans through Christianity
• White supremacy entrenched the belief in the inherent superiority of the white race
  • Perpetuated the idea that Africans were destined for servitude
  • Justified the denial of rights and freedoms to enslaved and free African Americans

Abolitionism and Manumission

• Abolitionism emerged as a movement to end slavery in the United States
  • Influenced by religious (Quakers) and philosophical (Enlightenment) ideas
  • Prominent abolitionists included William Lloyd Garrison, Frederick Douglass, and Harriet Tubman
  • Employed various strategies, such as moral suasion, political action, and assisting fugitive slaves
• Manumission, the act of freeing individual slaves, was practiced by some slaveholders
  • Motivated by moral, religious, or economic reasons
  • Often conditional, requiring slaves to purchase their freedom or serve for a specified period
  • Faced legal restrictions, particularly after the rise of abolitionism, as Southern states feared a growing free black population

Enforcement and Control

Slave Patrols and Fugitive Slave Laws

• Slave patrols, organized groups of white men, enforced slave codes and prevented slave rebellions
  • Monitored slave gatherings, dispersed unlawful assemblies, and searched slave quarters
  • Pursued and apprehended fugitive slaves, often using violence and intimidation
• Fugitive Slave Laws (1793 and 1850) facilitated the recapture of escaped slaves
  • Required local authorities and citizens to assist in the capture and return of fugitive slaves
  • Denied legal protections to accused fugitive slaves, making it difficult for them to prove their free status

Limitations on Freedom

• Manumission, though legally possible, faced increasing restrictions as slavery became more entrenched
  • Some states required slaveholders to seek legislative approval for manumission or imposed heavy taxes
  • Many states required manumitted slaves to leave the state within a specified period
• Dred Scott Decision (1857) further limited the rights of African Americans, both enslaved and free
  • Ruled that African Americans were not U.S. citizens and had no standing to sue in federal court
  • Invalidated the Missouri Compromise, potentially opening all territories to slavery
  • Reinforced the legal and social subordination of African Americans, regardless of their status