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Why the Founders Couldn’t Abolish Slavery

Why the Founders Couldn’t Abolish Slavery
Slaves plant sweet potatoes on the Cassina Point Plantation in South Carolina in 1862. Library of Congress
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This essay addresses one of the most persistent criticisms of the Constitution: that it was adopted to protect, or least accommodate, slavery. As explained below, that criticism is historically false.

The Critics’ Deceptive Statistic

The critics point out that perhaps 25 of the Constitution’s 55 framers (drafters) were slaveholders.

But this statistic is deceptive. One reason it’s deceptive is that it omits a countervailing factor: The Constitutional Convention also included influential opponents of slavery. John Dickinson inherited bondsmen but freed them all. Benjamin Franklin, James Wilson, and Gouverneur Morris, among others, were abolitionists. And even among the minority who held slaves, some, such as James Madison, favored gradual emancipation.

Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.”
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