2 - Two Constitutional Wrongs Did Not Guarantee a Constitutional Right

Summary

Chapter 2 focuses on the international slave trade clause and the fugitive slave clause. The Constitution permitted Americans to ply that “infamous traffic” for two decades, but the Founders hoped that American slavery would end after the slave trade ceased to supply new chattels. Instead, the American slave population expanded. In the 1850s, a small band of fire-eaters tried to overturn the federal ban on the slave trade. In a couple of notorious cases, Southern juries refused to convict slave traders despite overwhelming evidence of their guilt. At the same time that these slave traders brought the slave trade clause to the fore, enslaved persons did the same for the fugitive slave clause, making it the most contentious of the Constitution’s compromises over slavery. While all Southerners and many Northerners agreed that the return of fugitive slaves was a constitutional duty, some abolitionists shirked this obligation and a tiny minority actively flouted the law. Northern juries declined to convict slave rescuers. The actions of the slave rescuers and the slave traders called into question the commitment of the North and the South to the rule of constitutional law.