Passing the Fugitive Slave Act—
Dramatization
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Explain to students that they are going to debate the Fugitive Slave Act of 1793
as if they were really members of Congress.
Divide your class into small groups with three to five students in each group.
Ask each group to come up with reasons both for and against passing the
Fugitive Slave Act of 1793. To help students come up with historic reasons, as
well as their own reasons, distribute copies of Historic Information: Slavery in
the Constitution (see attached).
Challenge the groups to come up with reasons that explain more than “it was
wrong.”
Give the groups 10–15 minutes to come up with their lists of reasons for and
against the Fugitive Slave Act.
Bring the whole class back together, and call on students from each group to
stand up and share their positions, so the class hears reasons both for and
against the act.
Ask students to speak as if they were really making a speech in Congress.
After students have presented their speeches, ask the class to vote. This vote will
decide if the Fugitive Slave Act of 1793 passes.
Q: What does this vote show? Can someone summarize the class’s position on
this issue?
Writing Prompt
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Many years after the Constitution was written, Abraham Lincoln said that
slavery was “hidden” in the document.
Q: What did he mean? Why did the writers of the Constitution leave slavery out?
Include specific examples, and also give some of your own ideas.
Historic Information: Slavery in the Constitution
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In 1787, at the time of the writing of the Constitution, slavery was legal in all
states except Massachusetts.
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Many delegates were worried that if slavery was outlawed by the Constitution,
some of the southern states would not agree to join the United States.
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The delegates put some compromises about slavery into the Constitution to
make it possible for all the states to agree upon the Constitution. They were as
follows:
1. The Apportionment Clause (Article I. Section 2) states that three-fifths of the
slave population would count as part of the general population when
considering representatives in Congress.
2. The Fugitive Slave Clause (Article IV. Section 2) said that people in slavery or
owing labor (indentured servitude) could not escape by going into another
state.
3. The Slave Trade (Article I. Section 9) limited Congress from ending the slave
trade before 1808. Congress, in the end, did pass a law ending the slave trade
(importation) on January 1, 1808.
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1790: Slavery had been outlawed or was ending in seven states: Connecticut,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, and Rhode
Island.
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1793: Many slave owners were worried about slaves running away to these
seven states to escape slavery. The Constitution said it would protect private
property, so the slave states wanted a law passed saying that runaway slaves
(private property) would be returned. Congress passed the Fugitive Slave Act of
1793, allowing judges to decide, without a jury trial, the status of runaway
slaves. The law also said that anyone who helped a slave escape was guilty of a
federal crime. The slave states felt that they needed this law to protect their right
to private property (slaves).