Why Did The Confederate Constitution Ban the International Slave Trade?

"Three Scenes From the Slave Trade in the USA," The Illustrated London News, September 27, 1856. Photo Credit: Wikimedia Commons
“Three Scenes From the Slave Trade in the USA,” The Illustrated London News, September 27, 1856. Photo Credit: Wikimedia Commons

Last year I wrote an essay about Ulysses S. Grant and a number of claims on social media alleging him to have owned slaves during the Civil War. Using primary sources in Grant’s own writing I demonstrated that these claims were completely false, and that a number of statements alleged to have come from Grant were actually made up quotes by people with too much time on their hands. The only enslaved person known to have been owned by Grant was William Jones, whom Grant freed in St. Louis in 1859. I wondered aloud if these claims intending to paint Grant as a slaveholding Union general spoke to a larger desire to portray the Civil War as a conflict that had little to do with slavery as a cause of the war. After all, how could the war be about slavery if the savior of the Union was a slaveholder? Moreover, I argued–and the credit for this argument goes to historian Brooks Simpson–that Grant’s views one way or the other towards slavery were irrelevant for understanding the causes of the Civil War since Grant had no political role in the coming of the war or the decision of eleven states to secede from the Union. He was a clerk for his father’s leather good store in Galena, Illinois, at the beginning of the war, far removed from the political crisis emerging in Washington, D.C. with the election of President Abraham Lincoln in 1860.

The other day I received three comments from a person eager to contest that essay, and one of his arguments (which had nothing to do with the subject at hand but is nonetheless revealing) seems to suggest that the Confederate Constitution could have been seen as calling for the eventual end of slavery in the Confederacy because it banned the international slave trade. Again, it wasn’t all about slavery! This claim is an interesting one and worth exploring further. Does it have any merit?

The U.S. Constitution states in Article 1, Section 9.1 that the international slave trade would be closed in 1808, but that Congress could not prohibit the trade until that time. The Confederate Constitution was in most regards almost an exact copy of the U.S. Constitution, and Article 1, Section 9.1 of the Confederate Constitution also bans the international slave trade within the Confederate states. There are two significant changes in Article 1, Section 9.1 of the Confederate Constitution, however. One is that while the U.S. Constitution only vaguely refers to “the Migration or Importation of such Persons as any of the States now existing shall think proper to admit,” the Confederate Constitution clearly stipulates that the subjects under consideration were “Negroes of the African race from any foreign country.” The other extremely significant change is that the Confederate Constitution did not call for a complete ban on the international importation of slaves. An additional clause stipulates that slaves from “the slaveholding states or territories of the United States of America” (which were now considered part of a foreign country) could still be imported into the Confederate states. The Confederate Constitution, in other words, still allowed for the importation of enslaved people from the border slaves states and Western territories like New Mexico that had not yet seceded from the Union.

This is when the date of the Confederate Constitution’s ratification comes into play. That constitution was adopted on March 11, 1861, roughly one month before the firing of Fort Sumter to start the Civil War. At that time there were only seven states in the Confederacy, and eight border slaves states remained in the Union: Missouri, Arkansas, Kentucky, Tennessee, North Carolina, Maryland, Virginia, and Delaware. Banning the international slave trade was one method by which the Confederacy aimed to convince these states to secede, especially in the case of Virginia, whose economy by 1860 largely revolved around the interstate slave trade and the shipping of slaves to the South and West. By allowing the slave trade to continue between the U.S. and the Confederacy, the Confederate Constitution allowed the uncertain border slave states a chance to continue selling their slaves to the Confederate states in the short-term while they debated their next step. In the long-term, after these border slave states had ostensibly left the Union and joined forces with the Confederacy, their continued financial interests in the slave trade would not be challenged by international trade with slaveholding countries in South America, Africa, and elsewhere. Removing all protections for the domestic slave trade and embracing a “free trade” approach ran the risk of lowering the price of slave labor and putting border state slave traders out of business. There was also an international motivation for banning most of the international slave trade. The Confederacy attempted to make a pitch for support from European countries like England and France that had already banned slavery by demonstrating that they were willing to ban parts of the slave trade, even though they really had no desire of ending slavery as a whole any time soon.

Through these examples we can clearly see that the Confederacy’s banning of most of the international slave trade in its Constitution was not done in the hope of eventually abolishing slavery in the Confederacy, but to strengthen its domestic slave trade while hopefully winning points with England and France.

It’s also worth mentioning that a good number of Confederate supporters–although probably not the majority–supported the idea of re-opening the slave trade precisely because they knew it would help lower the cost of slave labor. James Paisley Hendrix, Jr.’s 1969 article in Louisiana History shows that support for a reopening of the trade increased greatly in the 1850s, and that a Southern convention in 1859 passed a resolution saying as much. The New Orleans Delta reflected these desires when they wrote an editorial in support of opening the trade, arguing that “We would re-open the African slave trade [so] that every white man might have a chance to make himself owner of one or more Negroes . . . Our true purpose is to diffuse the slave population as much as possible, and thus secure in the whole community the motives of self-interest for its support.”

So yeah, slavery had something to do with all of this.

Cheers