Why the Confederate Constitution Did Not Reestablish the Legal Importation of Slaves from Africa

During the formation of the Confederate States of America, the question of the legal importation of slaves from Africa was a contentious issue. This article explores the historical context, the sectional compromises, and the practical reasons why the Confederate Constitution did not reinstate this practice.

Historical Context and Why Slavery Was a Complicated Issue

The South had long been against the Transatlantic Slave Trade, which was seen as inhumane and brutal. However, despite this opposition, the desire for unfettered access to a steady supply of fresh slaves was still a significant concern for some Southern states, particularly South Carolina. This issue needed to be addressed as the Confederacy formed to maintain the regional balance of power.

South Carolina and Sectional Compromises

South Carolina, one of the leading states advocating for full importation, understood that overseas importation of slaves was necessary but could not be widely accepted without compromise. The sectional compromises with the slave-exporting Upper South states on tariffs, internal improvements for transportation infrastructure, and other economic policies were essential for securing broad support for the Confederacy. South Carolina's ultimate goal was to convince the Upper South to join the Confederacy, specifically by offering Virginia and Tennessee the honor of providing the first shot in attacking Fort Sumter. However, this scheme did not succeed, leading to prolonged conflict and significant battles in Virginia and Tennessee.

The Decline of the Transatlantic Slave Trade

By 1808, the Transatlantic Slave Trade had been largely abolished, and its last legal importations ceased. This ban was part of the Federal Constitution, and without its important clause, the South would not have consented to establish a Confederacy with the North. The demand for new slaves was met through the natural increase within the existing enslaved population, which had been sufficient for over two generations. Moreover, international pressures, including patrols by the British and the U.S. Navy, made the reintroduction of the Transatlantic Slave Trade untenable and impractical.

Practical Reasons and Strategic Considerations

In addition to the practical difficulties, the Confederates were acutely aware of the political and economic challenges they faced in creating a new nation. They did not want to waste time and resources on international disputes over purchasing and importing slaves when they already had ample domestic sources of labor. The emphasis was on consolidation of their existing resources to ensure a stronger and more stable Confederate government.

Historical Sources and Analysis

Several notable historical sources corroborate these points. Daniel Baker, John Cate, and John Potter have each provided detailed explanations of why the Confederacy could not reinstate the legal importation of African slaves. While their arguments are extensive, the crux is that the South had a sufficient labor force and did not need to waste energy on overseas importation, which would have alienated potential allies and stirred international controversy.

Conclusion

In conclusion, the Confederate Constitution did not reestablish legal slave imports from Africa due to a combination of historical compromises, logistical challenges, and strategic considerations. The focus was on leveraging existing resources and forming a united front against the Union. This decision was a crucial element in the formation and early operations of the Confederacy.

Key Takeaways:

The Transatlantic Slave Trade was largely abolished by 1808. Sectional compromises with the Upper South were essential for the Confederacy's formation. The South had sufficient domestic labor and did not need to import slaves.

For further reading, consider the following sources:

The Diary of the War for Separation by HCW Clarke (1862) Madison's Notes on the Debates Duke de Rochefoucault-Liancourt's work on the United States (1795)