The Journal of Negro History
Chapter 118 : The General a.s.sembly (of Virginia) shall not have power to ...permit the introductio

The General a.s.sembly (of Virginia) shall not have power to ...

permit the introduction of any more slaves to reside in this State, or the continuance of slavery beyond the generation which shall be living on the 31st day of December, 1800; all persons born after that day being hereby declared free.[90]--Proposed Const.i.tution for Virginia.

After the year 1800 of the Christian era, there shall be neither slavery nor involuntary servitude in any of the said States, otherwise than in punishment of crimes, whereof the party shall have been duly convicted to have been personally guilty.[91]--Proposed Ordinance of 1784.

"The clause respecting slavery," said he "was lost by an individual vote only. Ten States were present. The four Eastern States, New York and Pennsylvania, were for the clause. Jersey would have been for it, but there were but two members, one of whom was sick in his chambers. South Carolina, Maryland, and Virginia! voted against it. North Carolina was divided, as would have been Virginia, had not one of its delegates been sick in bed."[92]

"I congratulate you" said he to a coworker, "on the law of your state (South Carolina) for suspending the importation of slaves, and for the glory you have justly acquired by endeavoring to prevent it forever."[93]

VII

Jefferson seemed to get further from the idea of immediate emanc.i.p.ation, looking upon it as a very serious problem. He tended, as the following extracts will show, to advocate lightening the burden of the slave, hoping that in the West Indies, where he thought the Negro would eventually rule absolutely, the blacks might establish governments to which freedmen gradually emanc.i.p.ated in the United States might be sent to shape their own destiny.

Writing to Dr. Price concerning his anti-slavery pamphlet, Jefferson said:

Southward of the Chesapeake, your pamphlet (against slavery) will find but few readers concurring with it in sentiment on the subject of slavery. From the mouth to the head of the Chesapeake, the bulk of the people will approve it in theory, and it will find a respectable minority ready to adopt it in practice; a minority which for weight and worth of character preponderates against the greater number, who have not the courage to divest their families of a property which, however, keeps their conscience unquiet. Northward of the Chesapeake, you may find here and there an opponent to your doctrine, as you may find here and there a robber and murderer; but in no greater number. In that part of America, there being but few slaves, they can easily disenc.u.mber themselves of them; and emanc.i.p.ation is put into such a train that in a few years there will be no slaves northward of Maryland. In Maryland, I do not find such a disposition to begin the redress of this enormity as in Virginia. This is the next State to which we may turn our eyes for the interesting spectacle of justice in conflict with avarice and oppression; a conflict wherein the sacred side is gaining daily recruits from the influx into office of young men grown, and growing up. These have sucked in the principles of liberty, as it were, with their mother's milk; and it is to them I look with anxiety to turn the fate of this question. Be not therefore discouraged. What you have written will do a great deal of good.[94]

In his report to Congress of a conference with Count Vergennes, Foreign Minister of France, on commerce, Jefferson wrote:

The British army, after ravaging the State of Virginia, had sent off a very great number of slaves to New York. By the seventh article of the treaty of peace, they stipulated not to carry away any of these. Notwithstanding this, it was known, when they were evacuating New York, that they were carrying away the slaves, General Was.h.i.+ngton made an official demand of Sir Guy Carleton, that he should cease to send them away. He answered, that these people had come to them under promise of the King's protection, and that that promise should be fulfilled in preference to the stipulation in the treaty. The State of Virginia, to which nearly the whole of these slaves belonged, pa.s.sed a law to forbid the recovery of debts due to British subjects. They declared, at the same time, they would repeal the law, if Congress were of opinion they ought to do it. But, desirous that their citizens should be discharging their debts, they afterwards permitted British creditors to prosecute their suits, and to receive their debts in seven equal and annual payments for reimburs.e.m.e.nt.[95]

Jefferson's letter here to M. de Meunier on the pa.s.sage of the Ordinance of 1787 shows how he either s.h.i.+fted from his position of regarding emanc.i.p.ation a serious problem to that of agitating against slavery or that he varied his correspondence to suit the person addressed.

There were ten States present; six voted unanimously for it, three against it, and one was divided; and seven votes being requisite to decide the proposition affirmatively, it was lost.

The voice of a single individual of the State which was divided, or of one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man, and heaven was silent in that awful moment! But it is to be hoped it will not always be silent, and that the friends to the rights of human nature will in the end prevail.

What a stupendous, what an incomprehensible machine is man! who can endure toil, famine, stripes, imprisonment, and death itself, in vindication of his own liberty, and, the next moment, be deaf to all those motives whose power supported him through his trial, and inflict on his fellow men a bondage, one hour of which is fraught with more misery than ages of that which he rose in rebellion to oppose.[96]

He seemed to regard it later as a problem to be solved only by miraculous methods.

We must await with patience the workings of an overruling Providence, and hope that that is preparing the deliverance of these, our suffering brethren. When the measure of their tears shall be full, when their groans shall have involved heaven itself in darkness, doubtless a G.o.d of justice will awaken to their distress, and by diffusing light and liberality among their oppressors, or, at length, by His exterminating thunder, manifest His attention to the things of this world, and that they are not left to the guidance of a blind fatality.[97]

Jefferson, however, seemed to have a kind feeling for the bondmen, as these extracts will show.

I observe in your letter ... that the profits of the whole estate (of Monticello) would be no more than the hire of the few negroes hired out would amount to. Would it be better to hire more where good masters could be got? Would it be better to hire plantations and all, if proper a.s.surance can be provided for the good usage, of everything?[98]

I am miserable till I shall owe not a s.h.i.+lling. The moment that shall be the case, I shall feel myself at liberty to do something for the comfort of the slaves.[99]

The check on the tenants against abusing my slaves was, by the former lease, that I might discontinue it on a reference to arbitrators. Would it not be well to retain an optional right to sue them for ill-usage of the slaves or to discontinue it by arbitration, whichever you should choose at the time?[100]

As far as I can judge from the experiments which have been made to give liberty to, or rather, to abandon persons whose habits have been formed in slavery is like abandoning children.[101]

I am decided on my final return to America to try this experiment. I shall endeavor to import as many Germans as I have grown slaves. I will settle them and my slaves, on farms of fifty acres each, intermingled, and place all on the footing of the Metayers (Medietaini) of Europe. Their children shall be brought up, as others are, in habits of property and foresight, and I have no doubt but that they will be good citizens. Some of their fathers will be so; others I suppose will need government. With these all that can be done is to oblige them to labor as the laboring poor of Europe do, and to apply to their comfortable subsistence the produce of their labor, retaining such a moderate portion of it as may be a just equivalent for the use of the lands they labor, and the stocks and other necessary advances.[102]

The inculcation (in your book) on the master of the moral duties which he owes to the slave, in return for the benefits of his service, that is to say, of food, clothing, care in sickness, and maintenance under age and disability, so as to make him in fact as comfortable and more secure than the laboring man in most parts of the world, ... gives great merit to the work, and will, I have no doubt, produce wholesome impressions.[103]

In the first or second session of the Legislature after I became a member, I drew to this subject the attention of Colonel Bland, one of the oldest, ablest, and most respected members, and he undertook to move for certain moderate extensions of the protection of the laws to these people. I seconded his motion and, as a young member, was more spared in the debate; but he was denounced as an enemy of his country, and was treated with the grossest indecorum.[104]

My opinion has ever been that, until more can be done for them, we should endeavor, with those whom fortune has thrown on our hands, to feed and clothe them well, protect them from ill usage, require such reasonable labor only as is performed voluntarily by freemen, and be led by no repugnances to abdicate them, and our duties to them. The laws do not permit us to turn them loose, if that were for their good; and to commute them for other property is to commit them to those whose usage of them we cannot control.[105]

Jefferson was opposed to slavery, but he hesitated to take certain steps against it because of public opinion.

I am very sensible of the honor you propose to me of becoming a member of the society for the abolition of the slave trade. You know that n.o.body wishes more ardently to see an abolition, not only of the trade, but of the condition of slavery; and certainly n.o.body will be more willing to encounter every sacrifice for that object. But the influence and information of the friends to this proposition in France will be far above the need of my a.s.sociation. I am here as a public servant, and those whom I serve, having never yet been able to give their voice against this practice, it is decent for me to avoid too public a demonstration of my wishes to see it abolished. Without serving the cause here, it might render me less able to serve it beyond the water. I trust you will be sensible of the prudence of those motives, therefore, which govern my conduct on this occasion.[106]

I have received a letter from Mr. Thomas Brannagan, ...

Philadelphia, asking my subscription to the work announced in the enclosed paper.[107] The cause in which he embarks is so holy, the sentiments he expresses in his letter so friendly, that it is highly painful to me to hesitate on a compliance which appears so small. But that is not its true character, and it would be injurious even to his views, for me to commit myself on paper by answering his letter. I have most carefully avoided every public act of manifestation on that subject. Should an occasion ever occur in which I can interpose with decisive effect, I shall certainly know and do my duty with prompt.i.tude and zeal. But, in the meantime, it would only be disarming myself of influence to be taking small means. The subscription to a book on this subject is one of those little irritating measures, which, without advancing its end at all, would, by lessening the confidence and good will of a description of friends composing a large body, only lessen my powers of doing them good in the other great relations in which I stand to the public. Yet, I cannot be easy in not answering Mr. Brannagan's letter, unless he can be made sensible that it is better I should not answer it; and I do not know how to effect this, unless you would have the goodness ...

to enter into an explanation with him.[108]

We have received with great satisfaction notification of the orders of his Catholic Majesty, not to permit that persons, held in slavery within the United States, introduce themselves as free persons into the Province of Florida.... As a consequence of the same principles of justice and friends.h.i.+p, we trust that your Excellency will permit, and aid the recovery of persons of the same description, who have heretofore taken refuge within your government.[109]

The governor of East Florida informs me that he has received the King's orders, not to permit, under any pretext, that persons held in slavery in the United States introduce themselves as free, into the province of East Florida. I am happy that this grievance, which had been a subject of great complaint from the citizens of Georgia, is to be removed.[110]

Jefferson thought that the Negro republics of the West Indies would become a safety valve for the United States.

I become daily more convinced that all the West India Islands will remain in the hands of the people of color, and a total expulsion of the whites sooner or later take place. It is high time we should foresee the b.l.o.o.d.y scenes which our children certainly, and possibly ourselves (south of the Potomac), have to wade through and try to avert them.[111]

If something is not done, and soon done, we shall be the murderers of our own children. The "_murmura venturos nautis prudentia ventos_" has already reached us (from San Domingo); the revolutionary storm, now sweeping the globe, will be upon us, and happy if we make timely provision to give it an easy pa.s.sage over our land. From the present state of things in Europe and America, the day which begins our combustion must be near at hand; and only a single spark is wanting to make that day to-morrow. If we had begun sooner, we might probably have been allowed a lengthier operation to clear ourselves, but every day's delay lessens the time we may take for emanc.i.p.ation. Some people derive hope from the aid of the confederate States. But this is a delusion. There is but one State in the Union which will aid us sincerely, if an insurrection begins, and that one may, perhaps, have its own fire to quench at the same time.[112]

As to the mode of emanc.i.p.ation, I am satisfied that that must be a matter of compromise between the pa.s.sions, the prejudices, and the real difficulties which will each have its weight in that operation. Perhaps the first chapter of this history, which has begun in St. Domingo, and the next succeeding ones, will recount how all the whites were driven from all the other islands, may prepare our minds for a peaceable accommodation between justice, policy and necessity; and furnish an answer to the difficult question, whither shall the colored emigrants go? and the sooner we put some plan under way, the greater hope there is that it may be permitted to proceed peaceably to its ultimate effect.[113]

Jefferson finally despaired of seeing his emanc.i.p.ation scheme succeed.

I have long since given up the expectation of any early provision for the extinguishment of slavery among us. There are many virtuous men who would make any sacrifices to effect it, many equally virtuous who persuade themselves either that the thing is not wrong, or that it cannot be remedied, and very many with whom interest is morality. The older we grow, the larger we are disposed to believe the last party to be. But interest is really going over to the side of morality. The value of the slave is every day lessening; his burden on his master daily increasing.

Interest is, therefore, preparing the disposition to be just; and this will be goaded from time to time by the insurrectionary spirit of the slaves. This is easily quelled in its first efforts; but from being local it will become general, and whenever it does, it will rise more formidable after every defeat, until we shall be forced, after dreadful scenes and sufferings, to release them in their own way, which, without such sufferings we might now model after our own convenience.[114]

VIII

Because of frequent insurrections in this country and the West Indies there was much talk of establis.h.i.+ng a penal colony to which the leaders of such uprisings could be sent. With Gabriel's insurrection in Virginia in 1800 in mind, James Monroe, then Governor of Virginia, wrote Jefferson, asking him to support such a project, a resolution on which had already pa.s.sed the Virginia House of Delegates. Jefferson wrote him the following:

Questions would arise whether the establishment of a (negro penal) colony within our limits, and to become a part of our Union, would be desirable to the State of Virginia itself, or to other States--especially those who would be in its vicinity.

Could we procure lands beyond the limits of the United States to form a receptacle for these people? On our northern boundary, the country not occupied by British subjects, is the property of Indian nations, whose t.i.tle would have to be extinguished, with the consent of Great Britain; and the new settlers would be British subjects. It is hardly to be believed that either Great Britain or the Indian proprietors have so disinterested a regard for us, as to be willing to relieve us, by receiving such a colony themselves.... On our western and southern frontiers, Spain holds an immense country, the occupancy of which, however, is in the Indian natives, except a few insulated spots possessed by Spanish subjects. It is very questionable, indeed, whether the Indians would sell? whether Spain would be willing to receive these people? and nearly certain that she would not alienate the sovereignty. The same question to ourselves would recur here also, as did in the first case: should we be willing to have such a colony in contact with us? However our present interests may restrain us within our own limits, it is impossible not to look forward to distant times, when our rapid multiplication will expand itself beyond those limits, and cover the whole northern, if not the southern continent, with a people speaking the same language, governed in similar forms, and by similar laws; nor can we contemplate with satisfaction either blot or mixture on that surface. Spain, France, and Portugal hold possessions on the southern continent, as to which I am not well enough informed to say how far they might meet our views. But either there or in the northern continent, should the const.i.tuted authorities ties of Virginia fix their attention, of preference, I will have the dispositions of those powers sounded in the first instance.[115]

Writing to Rufus King in 1802 Jefferson discussed in detail the feasibility of the plan.

As the expense of so distant a transportation would be very heavy, and might weigh unfavorably in deciding between the modes of punishment, it is very desirable that it should be lessened as much as is practicable. If the regulations of the place would permit these emigrants to dispose of themselves, as the Germans and others do who come to this country poor, by giving their labor for a certain time to some one who will pay their pa.s.sage; and if the master of the vessel could be permitted to carry articles of commerce from this country and take back others from that, which might yield him a mercantile profit sufficient to cover the expenses of the voyage, a serious difficulty would be removed.[116]

The course of things in the ... West Indies appears to have given a considerable impulse to the minds of the slaves in ... the United States. A great disposition to insurgency has manifested itself among them, which, in one instance, in the State of Virginia, broke out into actual insurrection. This was easily suppressed; but many of those concerned (between twenty and thirty, I believe) fell victims to the law. So extensive an execution could not but excite sensibility in the public mind, and beget a regret that the laws had not provided for such cases, some alternative, combining more mildness with equal efficiency.

The Legislature of the State ... took the subject into consideration, and have communicated to me through the Governor of the State, their wish that some place could be provided, out of the limits of the United States, to which slaves guilty of insurgency might be transported; and they have particularly looked to Africa as offering the most desirable receptacle. We might, for this purpose, enter into negotiations with the natives, on some part of the coast, to obtain a settlement; and, by establis.h.i.+ng an African company, combine with it commercial operations, which might not only reimburse expenses, but procure profit also. But there being already such an establishment on that coast by the English Sierra Leone Company, made for the express purpose of colonizing civilized blacks to that country, it would seem better, by incorporating our emigrants with theirs, to make one strong, rather than two weak colonies. This would be the more desirable because the blacks settled at Sierra Leone, having chiefly gone from the States, would often receive among those whom we should send, their acquaintances and relatives. The object of this letter is to ask ... you to enter into conference with such persons, private and public, as would be necessary to give us permission to send thither the persons under contemplation.... They are not felons, or common malefactors, but persons guilty of what the safety of society, under actual circ.u.mstances, obliges us to treat as a crime, but which their feelings may represent in a far different shape. They will be a valuable acquisition to the settlement, ... and well calculated to cooperate in the plan of civilization.

... The consequences of permitting emanc.i.p.ation to become extensive, unless a condition of emigration be annexed to them, furnish matter of solicitude to the Legislature of Virginia.

Although provision for the settlement of emanc.i.p.ated negroes might perhaps be obtained nearer home than Africa, yet it is desirable that we should be free to expatriate this description of people also to the colony of Sierra Leone, if considerations respecting either themselves or us should render it more expedient. I pray you, therefore, to get the same permission extended to the reception of these as well as the (insurgents).

Nor will there be a selection of bad subjects; the emanc.i.p.ations, for the most part, being either of the whole slaves of the master, or of such individuals as have particularly deserved well. The latter are most frequent.[117]

IX

He was firm to the end in his effort to abolish the slave trade.