History of the Negro Race in America Volume I Part 62

In 1778 Virginia pa.s.sed a law prohibiting the importation of slaves, and in 1782 repealed the law that confined the power of emanc.i.p.ating to the Legislature, only on account of meritorious conduct. Private emanc.i.p.ations became very numerous, and the sentiment in its favor p.r.o.nounced. But the restriction was re-enacted in about ten years. The eloquence of Patrick Henry and the logic of Thomas Jefferson went far to enlighten public sentiment; but the political influence of the inst.i.tution grew so rapidly that in 1785, but two years after the war, Was.h.i.+ngton wrote LaFayette, "pet.i.tions for the abolition of slavery, presented to the Virginia Legislature, could scarcely obtain a hearing." Maryland, New York, and New Jersey prohibited the slave-trade; but the inst.i.tution held its place among the people until 1830. North Carolina attempted to prohibit in 1777, but-failed; but in 1786 declared the slave-trade "_of evil consequences and highly impolitic_." South Carolina and Georgia refused to act, and the slave-trade continued along their sh.o.r.es.

After the adoption of the Articles of Confederation in 1778, the Continental Congress found itself charged with the responsibility of deciding the conflicting claims of the various States to the vast territory stretching westward from the Ohio River. The war over, the payment of the public debt thus incurred demanded the consideration of the people and of their representatives. Ma.s.sachusetts, Connecticut, New York, Virginia, North Carolina, and Georgia laid claim to boundless tracts of lands outside of their State boundaries. But New Hamps.h.i.+re, Rhode Island, New Jersey, Maryland, Delaware, and South Carolina, making no such claims, and lacking the resources to pay their share of the war debt, suggested that the other States should cede all the territory outside of their State lines, to the United States Government, to be used towards liquidating the entire debt. The proposition was accepted by the States named; but not, however, without some modification. Virginia reserved a large territory beyond the Ohio with which to pay the bounties of her soldiers, while Connecticut retained a portion of the Reserve since so famous in the history of Ohio. The duty of framing an ordinance for the government of the Western territory was referred to a select committee by Congress, consisting of Mr. Jefferson of Virginia (chairman), Mr.

Chase of Maryland, and Mr. Howell of Rhode Island. The plan reported by the committee contemplated the whole region included within our boundaries west of the old thirteen States, and as far south as our thirty-first degree north lat.i.tude. The plan proposed the ultimate division of this territory into seventeen States; eight of which were to be located below the parallel of the Falls of the Ohio (now Louisville), and nine above it. But the most interesting rule reported by Mr. Jefferson was the following, on the 19th of April, 1784:--

"That after the year 1800, of the Christian era, there shall be neither slavery nor involuntary servitude in any part of the said _states_, otherwise than in punishment of crimes, whereof the part shall have been convicted to be personally guilty."

Mr. Spaight of North Carolina moved to amend the report by striking out the above clause, which was seconded by Mr. Reed of South Carolina. The question, upon a demand for the yeas and nays, was put: "Shall the words moved to be stricken out stand?" The question was lost, and the words were stricken out. The ordinance was further amended, and finally adopted on the 23d of April

The last Continental Congress was held in the city of New York in 1787. The question of the government of the Western territory came up.

A committee was appointed on this subject, with Nathan Dane of Ma.s.sachusetts as chairman On the 11th of July the committee reported "An Ordinance for the government of the Territory of the United States, _Northwest of the Ohio_." It embodied many of the features of Mr. Jefferson's bill, concluding with six unalterable articles of perpetual compact, the last being the following: "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes, whereof the parties shall be duly convicted." When upon its pa.s.sage, a stipulation was added for the delivery of fugitives from "labor or service:"[627] and in this shape the entire ordinance pa.s.sed on the 13th of July, 1787.

Thus it is clear that under the Confederation slavery existed, a part of the political government, as a legal fact. There was no effort made by Congress to abolish it. Mr. Jefferson simply sought to arrest its progress, and confine it to the original thirteen States.

On the 25th of May, 1787, the convention to frame the Federal Const.i.tution met at Philadelphia, although the day appointed was the 14th. George Was.h.i.+ngton was chosen president, a committee chosen to report rules of proceeding, and a secretary appointed. The sessions were held with closed doors, and all the proceedings were secret. It contained the most eminent men in the United States,--generals of the army, statesmen, lawyers, and men of broad scholars.h.i.+p. The question of congressional apportionment was early before them, and there was great diversity of opinion. But, as there was no census, therefore there could be no just apportionment until an enumeration of the people was taken. Until that was accomplished, the number of delegates was fixed at sixty-five. Ma.s.sachusetts was the only State in the Union where slavery did not exist. The Northern States desired representation according to the free inhabitants only; while all of the Southern States, where the great ma.s.s of slaves was, wanted representation according to the entire population, bond and free. Some of the Northern delegates urged their view with great force and eloquence. Mr. Patterson of New Jersey said he regarded slaves as mere property. They were not represented in the States: why should they be in the general government? They were not allowed to vote: why should they be represented? He regarded it as an encouragement to the slave-trade. Mr. Wilson of Pennsylvania said, "Are they admitted as citizens? then, why not on an equality with citizens? Are they admitted as property? then, why is not other property admitted into the computation?" It was evident that neither extreme view could carry: so the proposition carried to reckon three-fifths of the slaves in estimating taxes, and to make taxation the basis of representation.

New Jersey and Delaware voted Nay; Ma.s.sachusetts and South Carolina were divided; and New York was not represented, her delegates having failed to arrive.

It was apparent during the early stages of the debates, that a const.i.tution had to be made that would be acceptable to the Southern delegates. A clause was inserted relieving the Southern States from duties on exports, and upon the importation of slaves; and that no navigation act should be pa.s.sed except by a two-thirds vote. By denying Congress the authority of giving preference to American over foreign s.h.i.+pping, it was designed to secure cheap transportation for Southern exports; but, as the s.h.i.+pping was largely owned in the Eastern States, their delegates were zealous in their efforts to prevent any restriction of the power of Congress to enact navigation laws. It has been already shown that all the States, with the exception of North Carolina, South Carolina, and Georgia, had prohibited the importation of slaves. The prohibition of duties on the importation of slaves was demanded by the delegates from South Carolina and Georgia. They a.s.sured the Convention that without such a provision they could never give their a.s.sent to the const.i.tution. This declaration dragooned some Northern delegates into a support of the restriction, but provoked some very plain remarks concerning slavery.

Mr. Pinckney said, that, "If the Southern States were let alone, they would probably of themselves stop importations. He would himself, as a citizen of South Carolina, vote for it."

Mr. Sherman remarked that "the abolition of slavery seemed to be going on in the United States, and that the good sense of the several states would probably by degrees complete it;" and Mr. Ellsworth thought that "slavery, in time, will not be a speck in our country." Mr. Madison said "he thought it _wrong_ to admit in the Const.i.tution the idea of property in men."

Slavery, notwithstanding the high-sounding words just quoted, was recognized in and by three separate clauses of the Const.i.tution The word "slave" was excluded, but the language does not admit of any doubt.

"Art. I. Sect. 2.... Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, _three-fifths of all other persons.[628] ..._

"Art I. Sect. 9. The migration or importation of such _persons_ as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person....

"Art. IV. Sect. 2.... No _person_ held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."

The debate on the above was exciting and interesting, as the subject of slavery was examined in all its bearings. Finally the Const.i.tution was submitted to Gouverneur Morris of Pennsylvania, to receive the finis.h.i.+ng touches of his facile pen. On the 8th of August, 1787, during the debate, he delivered the following speech:--

"He never would concur in upholding domestic slavery. It was a nefarious inst.i.tution. It was the curse of Heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich and n.o.ble cultivation marks the prosperity and happiness of the people, with the misery and poverty which overspread the barren wastes of Virginia, Maryland, and the other States having slaves. Travel through the whole continent, and you behold the prospect continually varying with the appearance and disappearance of slavery.

The moment you leave the Eastern States, and enter New York, the effects of the inst.i.tution become visible. Pa.s.sing through the Jerseys, and entering Pennsylvania, every criterion of superior improvement witnesses the change.

Proceed southwardly, and every step you take through the great regions of slaves presents a desert, increasing with the increasing proportion of these wretched beings. Upon what principle it is that the slaves shall be computed in the representation? Are they men? Then make them citizens, and let them vote. Are they property? Why, then, is no other property included? The houses in this city (Philadelphia) are worth more than all the wretched slaves who cover the rice-swamps of South Carolina. The admission of slaves into the representation, when fairly explained, comes to this,--that the inhabitant of Georgia and South Carolina, who goes to the coast of Africa, and, in defiance of the most sacred laws of humanity, tears away his fellow-creatures from their dearest connections, and d.a.m.ns them to the most cruel bondage, shall have more votes in a government inst.i.tuted for the protection of the rights of mankind than the citizen of Pennsylvania or New Jersey, who views with a laudable horror so nefarious a practice. He would add, that domestic slavery is the most prominent feature in the aristocratic countenance of the proposed Const.i.tution. The va.s.salage of the poor has ever been the favorite offspring of aristocracy. And what is the proposed compensation to the Northern States for a sacrifice of every principle of right, of every impulse of humanity? They are to bind themselves to march their militia for the defence of the Southern States, for their defence against those very slaves of whom they complain. They must supply vessels and seamen in case of foreign attack. The Legislature will have indefinite power to tax them by excises and duties on imports, both of which will fall heavier on them than on the Southern inhabitants; for the bohea tea used by a Northern freeman will pay more tax than the whole consumption of the miserable slave, which consists of nothing more than his physical subsistence and the rag that covers his nakedness.

On the other side, the Southern States are not to be restrained from importing fresh supplies of wretched Africans, at once to increase the danger of attack and the difficulty of defence: nay, they are to be encouraged to it by an a.s.surance of having their votes in the National Government increased in proportion: and are, it the same time, to have their exports and their slaves exempt from all contributions for the public service. Let it not be said that direct taxation is to be proportioned to representation. It is idle to suppose that the General Government can stretch its hand directly into the pockets of the people scattered over so vast a country. They can only do it through the medium of exports, imports, and excises.

For what, then, are all the sacrifices to be made? He would sooner submit himself to a tax for paying for all the negroes in the United States than saddle posterity with such a Const.i.tution."[629]

Mr. Rufus King of Ma.s.sachusetts in the same debate said,--

"The admission of slaves was a most grating circ.u.mstance to his mind, and he believed would be so to a great part of the people of America. He had not made a strenuous opposition to it heretofore, because he had hoped that this concession would have produced a readiness, which had not been manifested, to strengthen the General Government, and to mark a full confidence in it. The report under consideration had, by the tenor of it, put an end to all those hopes. In two great points, the hands of the Legislature were absolutely tied. The importation of slaves could not be prohibited. Exports could not be taxed. Is this reasonable?

What are the great objects of the general system? First, defence against foreign invasion; secondly, against internal sedition. Shall all the States, then, be bound to defend each, and shall each be at liberty to introduce a weakness which will render defence more difficult? Shall one part of the United States be bound to defend another part, and that other part be at liberty, not only to increase its own danger, but to withhold the compensation for the burden? If slaves are to be imported, shall not the exports produced by their labor supply a revenue, the better to enable the General Government to defend their masters? There was so much inequality and unreasonableness in all this, that the people of the Northern States could never be reconciled to it. No candid man could undertake to justify it to them. He had hoped that some accommodation would have taken place on this subject; that, at least, a time would have been limited for the importation of slaves. He never could agree to let them be imported without limitation, and then be represented in the National Legislature. Indeed, he could so little persuade himself of the rect.i.tude of such a practice, that he was not sure he could a.s.sent to it under any circ.u.mstances. At all events, either slaves should not be represented, or exports should be taxable."

Mr. Roger Sherman of Connecticut,--

"Regarded the slave-trade as iniquitous: but the point of representation having been settled after much difficulty and deliberation, he did not think himself bound to make opposition; especially as the present article, as amended, did not preclude any arrangement whatever on that point, in another place of the report."[630]

Mr. Luther Martin of Maryland, in the debate, Tuesday, Aug. 21,--

"Proposed to vary Art. 7, Sect. 4, so as to allow a prohibition or tax on the importation of slaves. In the first place, as five slaves are to be counted as three free men in the apportionment of representatives, such a clause would leave an encouragement to this traffic. In the second place, slaves weakened one part of the Union, which the other parts were bound to protect: the privilege of importing them was therefore unreasonable. And, in the third place, it was inconsistent with the principles of the Revolution, and dishonorable to the American character, to have such a feature in the Const.i.tution.

"Mr. RUTLEDGE did not see how the importation of slaves could be encouraged by this section. He was not apprehensive of insurrections, and would readily exempt the other States from the obligation to protect the Southern against them.

Religion and humanity had nothing to do with this question: interest alone is the governing principle with nations. The true question at present is, whether the Southern States shall or shall not be parties to the Union. If the Northern States consult their interest, they will not oppose the increase of slaves, which will increase the commodities of which they will become the carriers.

"Mr. ELLSWORTH was for leaving the clause as it stands. Let every State import what it pleases. The morality or wisdom of slavery are considerations belonging to the States themselves. What enriches a part enriches the whole, and the States are the best judges of their particular interest. The old Confederation had not meddled with this point; and he did not see any greater necessity for bringing it within the policy of the new one.

"Mr. PINCKNEY. South Carolina can never receive the plan if it prohibits the slave trade. In every proposed extension of the powers of Congress, that State has expressly and watchfully excepted that of meddling with the importation of Negroes, _If the States be all left at liberty on this subject, South Carolina may perhaps, by degrees, do of herself what is wished, as Virginia and Maryland have already done_.

"Adjourned.

"WEDNESDAY, Aug. 22.

"_In Convention_.--Art. 7, Sect. 4, was resumed.

"Mr. SHERMAN was for leaving the clause as it stands. He disapproved of the slave-trade; yet, as the States were now possessed of the right to import slaves, as the public good did not require it to be taken from them, and as it was expedient to have as few objections as possible to the proposed scheme of government, he thought it best to leave the matter as we find it. ... He urged on the Convention the necessity of despatching its business.

"Col. MASON. This infernal traffic originated in the avarice of British merchants. The British Government constantly checked the attempts of Virginia to put a stop to it. The present question concerns, not the importing States alone, but the whole Union. The evil of having slaves was experienced during the late war. Had slaves been treated as they might have been by the enemy, they would have proved dangerous instruments in their hands. But their folly dealt by the slaves as it did by the Tories. He mentioned the dangerous insurrections of the slaves in Greece and Sicily, and the instructions given by Cromwell to the commissioners sent to Virginia,--to arm the servants and slaves, in case other means of obtaining its submission should fail.

Maryland and Virginia, he said, had already prohibited the importation of slaves expressly. North Carolina had done the same in substance. All this would be in vain, if South Carolina and Georgia be at liberty to import. The Western people are already calling out for slaves for their new lands; and will fill that country with slaves, if they can be got through South Carolina and Georgia. Slavery discourages arts and manufactures. The poor despise labor when performed by slaves. They prevent the emigration of whites, who really enrich and strengthen a country. _They produce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. They bring the judgment of heaven on a country. As nations cannot be rewarded or punished in the next world, they must be in this. By an inevitable chain of causes and effects, Providence punishes national sins by national calamities_. He lamented that some of our Eastern brethren had, from a l.u.s.t of gain, embarked in this nefarious traffic. As to the States being in possession of the right to import, this was the case with many other rights, now to be properly given up. He held it essential, in every point of view, that the General Government should have power to prevent the increase of slavery.

"Mr. ELLSWORTH, as he had never owned a slave, could not judge of the effects of slavery on character. He said, however, that, if it was to be considered in a moral light, we ought to go further, and free those already in the country. As slaves also multiply so fast in Virginia and Maryland, that it is cheaper to raise than import them, whilst in the sickly rice-swamps foreign supplies are necessary, if we go no further than is urged, we shall be unjust towards South Carolina and Georgia. Let us not intermeddle. As population increases, poor laborers will be so plenty as to render slaves useless. _Slavery, in time, will not be a speck in our county_. Provision is already made in Connecticut for abolis.h.i.+ng it; and the abolition has already taken place in Ma.s.sachusetts. As to the danger of insurrections from foreign influence, that will become a motive to kind treatment of the slaves.

"Gen. PINCKNEY declared it to be his firm opinion, that if himself and all his colleagues were to sign the Const.i.tution, and use their personal influence, it would be of no avail towards obtaining the a.s.sent of their const.i.tuents. South Carolina and Georgia cannot do without slaves. As to Virginia, she will gain more by stopping the importations. Her slaves will rise in value, and she has more than she wants. It would be unequal to require South Carolina and Georgia to confederate on such unequal terms.

He said, the royal a.s.sent, before the Revolution, had never been refused to South Carolina as to Virginia. He contended, that the importation of slaves would be for the interest of the whole Union. The more slaves, the more produce to employ the carrying-trade: the more consumption also; and, the more of this, the more revenue for the common treasury. He admitted it to be reasonable, that slaves should be dutied like other imports; but should consider a rejection of the clause as an exclusion of South Carolina from the Union.

"Mr. BALDWIN had conceived national objects alone to be before the Convention: not such as, like the present, were of a local nature. Georgia was decided on this point. That State has always. .h.i.therto supposed a General Government to be the pursuit of the Central States, who wished to have a vortex for every thing; that her distance would preclude her from equal advantage; and that she could not prudently purchase it by yielding national powers. From this it might be understood in what light she would view an attempt to abridge one of her favorite prerogatives. _If left to herself, she may probably put a stop to the evil_. As one ground for this conjecture, he took notice of the sect of ----, which, he said, was a respectable cla.s.s of people, who carried their ethics beyond the mere _equality of men_,--extending their humanity to the claims of the whole animal creation.

"Mr. WILSON observed, that, _if South Carolina and Georgia were themselves disposed to get rid of the importation of slaves in a short time, as had been suggested, they would never refuse to unite because the importation might be prohibited_. As the section now stands, all articles imported are to be taxed. Slaves alone are exempt. This is, in fact, a bounty on that article.

"Mr. GERRY thought we had nothing to do with the conduct of the States as to slaves, but ought to be careful not to give any sanction to it.

"Mr. d.i.c.kINSON considered it as inadmissible, on every principle of honor and safety, that the importation of slaves should be authorized to the States by the Const.i.tution. The true question was, whether the national happiness would be promoted or impeded by the importation; and this question ought to be left to the National Government, not to the States particularly interested. If England and France permit slavery, slaves are, at the same time, excluded from both those kingdoms. Greece and Rome were made unhappy by their slaves. He could not believe that the Southern States would refuse to confederate on the account apprehended; especially as the power was not likely to be immediately exercised by the General Government.

"Mr. WILLIAMSON stated the law of North Carolina on the subject; to wit, that it did not directly prohibit the importation of slaves. It imposed a duty of 5 on each slave imported from Africa, 10 on each from elsewhere, and 50 on each from a State licensing manumission. He thought the Southern States could not be members of the Union, if the clause should be rejected: and it was wrong to force any thing down not absolutely necessary, and which any State must disagree to.

"Mr. KING thought the subject should be considered in a political light only. If two States will not agree to the Const.i.tution, as stated on one side, he could affirm with equal belief, on the other, that great and equal opposition would be experienced from the other States. He remarked on the exemption of slaves from duty, whilst every other import was subjected to it, as an inequality that could not fail to strike the commercial sagacity of the Northern and Middle States.

"Mr. LANGDON was strenuous for giving the power to the General Government. He could not, with a good conscience, leave it with the States, who could then go on with the traffic, without being restrained by the opinions here given, _that they will themselves cease to import slaves_.

"Gen. PINCKNEY thought himself bound to declare candidly, that he did not think South Carolina would stop her importations of slaves in any short time; but only stop them occasionally, as she now does. He moved to commit the clause, that slaves might be made liable to an equal tax with other imports, which he thought right, and which would remove one difficulty that had been started.

"Mr. RUTLEDGE. If the Convention thinks that North Carolina, South Carolina, and Georgia will ever agree to the plan, unless their right to import slaves be untouched, the expectation is vain. The people of those States will never be such fools as to give up so important an interest. He was strenuous against striking out the section, and seconded the motion of Gen. Pinckney for a commitment.

"Mr. GOUVERNEUR MORRIS wished the whole subject to be committed, including the clauses relating to taxes on export and to a navigation act. These things may form a bargain among the Northern and Southern States.

"Mr. BUTLER declared, that he never would agree to the power of taxing exports.

"Mr. SHERMAN said it was better to let the Southern States import slaves than to part with them, if they made that a _sine qua non_. He was opposed to a tax on slaves imported, as making the matter worse, because it implied they were _property_. He acknowledged, that, if the power of prohibiting the importation should be given to the General Government, it would be exercised. He thought it would be its duty to exercise the power.

'Mr. READ was for the commitment, provided the clause concerning taxes on exports should also be committed.