History of the Negro Race in America from 1619 to 1880
Chapter 61 : From 1785-1790, there was a wonderful change in the public opinion of the Middle and Ea

From 1785-1790, there was a wonderful change in the public opinion of the Middle and Eastern States on the subject of slavery. Most of them had pa.s.sed laws providing for gradual emanc.i.p.ation. The Friends of New York, New Jersey, and Pennsylvania began to organize a crusade against domestic slavery. In the fall of 1789, while the Congressional debates were still fresh in the minds of the people, the venerable Dr.

Benjamin Franklin, as president of the "Pennsylvania Society for Promoting the Abolition of Slavery," etc., issued the following letter:--

"AN ADDRESS TO THE PUBLIC.

_From the Pennsylvania Society for Promoting the Abolition of Slavery, and the Relief of Free Negroes unlawfully held in Bondage_.

It is with peculiar satisfaction we a.s.sure, the friends of humanity, that, in prosecuting the design of our a.s.sociation, our endeavors have proved successful, far beyond our most sanguine expectations.

"Encouraged by this success, and by the daily progress of that luminous and benign spirit of liberty which is diffusing itself throughout the world, and humbly hoping for the continuance of the divine blessing on our labors, we have ventured to make an important addition to our original plan; and do therefore earnestly solicit the support and a.s.sistance of all who can feel the tender emotions of sympathy and compa.s.sion, or relish the exalted pleasure of beneficence.

"Slavery is such an atrocious debas.e.m.e.nt of human nature, that its very extirpation, if not performed with solicitous care, may sometimes open a source of serious evils.

"The unhappy man, who has long been treated as a brute animal, too frequently sinks beneath the common standard of the human species. The galling chains that bind his body do also fetter his intellectual faculties, and impair the social affections of his heart. Accustomed to move like a mere machine, by the will of a master, reflection is suspended; he has not the power of choice; and reason and conscience have but little influence over his conduct, because he is chiefly governed by the pa.s.sion of fear. He is poor and friendless; perhaps worn out by extreme labor, age, and disease.

"Under such circ.u.mstances, freedom may often prove a misfortune to himself, and prejudicial to society.

"Attention to emanc.i.p.ated black people, it is therefore to be hoped, will become a branch of our national police; but, as far as we contribute to promote this emanc.i.p.ation, so far that attention is evidently a serious duty inc.u.mbent on us, and which we mean to discharge to the best of our judgement and abilities.

"To instruct, to advise, to qualify those who have been restored to freedom, for the exercise and enjoyment of civil liberty; to promote in them habits of industry; to furnish them with employments suited to their age, s.e.x, talents, and other circ.u.mstances; and to procure their children an education calculated for their future situation in life,--these are the great outlines of the annexed plan which we have adopted, and which we conceive will essentially promote the public good, and the happiness of these our hitherto too much neglected fellow-creatures.

"A plan so extensive cannot be carried into execution without considerable pecuniary resources, beyond the present ordinary funds of the Society. We hope much from the generosity of enlightened and benevolent freemen, and will gratefully receive any donations or subscriptions for this purpose which may be made to our Treasurer, James Starr, or to James Pemberton, Chairman of our Committee of Correspondence.

"Signed by order of the Society, "B. FRANKLIN, _President_.

"Philadelphia, 9th of November, 1789."

And as his last public act, Franklin gave his signature to the subjoined memorial to the United States Congress:--

"The memorial respectfully showeth,--

"That, from a regard for the happiness of mankind, an a.s.sociation was formed several years since in this State, by a number of her citizens, of various religious denominations, for promoting the abolition of slavery, and for the relief of those unlawfully held in bondage. A just and acute conception of the true principles of liberty, as it spread through the land, produced accessions to their numbers, many friends to their cause, and a legislative co-operation with their views, which, by the blessing of Divine Providence, have been successfully directed to the relieving from bondage a large number of their fellow-creatures of the African race. They have also the satisfaction to observe, that, in consequence of that spirit of philanthropy and genuine liberty which is generally diffusing its beneficial influence, similar inst.i.tutions are forming at home and abroad.

"That mankind are all formed by the same Almighty Being, alike objects of his care, and equally designed for the enjoyment of happiness, the Christian religion teaches us to believe, and the political creed of Americans fully coincides with the position. Your memorialists, particularly engaged in attending to the distresses arising from slavery, believe it their indispensable duty to present this subject to your notice. They have observed, with real satisfaction, that many important and salutary powers are vested in you for 'promoting the welfare and securing the blessings of liberty to the people of the United States'; and as they conceive that these blessings ought rightfully to be administered, without distinction of color, to all descriptions of people, so they indulge themselves in the pleasing expectation, that nothing which can be done for the relief of the unhappy objects of their care, will be either omitted or delayed.

"From a persuasion that equal liberty was originally the portion, and is still the birth-right, of all men; and influenced by the strong ties of humanity, and the principles of their inst.i.tution, your memorialists conceive themselves bound to use all justifiable endeavors to loosen the bands of slavery, and promote a general enjoyment of the blessings of freedom. Under these impressions, they earnestly entreat your serious attention to the subject of slavery; that you will be pleased to countenance the restoration of liberty to those unhappy men, who alone, in this land of freedom, are degraded into perpetual bondage, and who, amidst the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice towards this distressed race; and that you will step to the very verge of the power vested in you for discouraging every species of traffic in the persons of our fellow-men.

"BENJ. FRANKLIN, _President_.

"PHILADELPHIA, February 3, 1790."

The session of Congress held in 1790 was stormy. The slavery question came back to haunt the members. On the 12th of February, the memorial from the Pennsylvania society was read. It provoked fresh discussion, and greatly angered many of the Southern members. As soon as its reading was completed, the "Quaker Memorial," that had been read the day previous, was called up; and Mr. Hartley moved its commitment. A long and spirited debate ensued. It was charged that the memorial was "a mischievous attempt, an improper interference, at the best, an act of imprudence;" and that it "would sound an alarm and blow the trumpet of sedition through the Southern States." Mr. Scott of Pennsylvania replied by saying, "I cannot entertain a doubt that the memorial is strictly agreeable to the Const.i.tution. It respects a part of the duty particularly a.s.signed to us by that instrument." Mr. Sherman was in favor of the commitment of the memorial, and gave his reasons _in extenso_. Mr. Smith of South Carolina said, "Notwithstanding all the calmness with which some gentlemen have viewed the subject, they will find that the mere discussion of it will create alarm. We have been told that, if so, we should have avoided discussion by saying nothing.

But it was not for that purpose we were sent here. We look upon this measure as an attack upon property; it is, therefore, our duty to oppose it by every means in our power. When we entered into a political connection with the other States, this property was there.

It had been acquired under a former government conformably to the laws and const.i.tution, and every attempt to deprive us of it must be in the nature of an _ex post facto_ law, and, as such, forbidden by our political compact." Following the unwise and undignified example set by the gentlemen who had preceded him on that side of the question, he slurred the Quakers. "His const.i.tuents wanted no lessons in religion and morality, and least of all from such teachers."

Madison, Gerry, Boudinot, and Page favored commitment. Upon the question to commit, the yeas and nays being demanded, the reference was made by a vote of forty-three to eleven. Of the latter, six were from Georgia and South Carolina, two from Virginia, two from Maryland, and one from New York. A special committee was announced, to whom the memorial was referred, consisting of one member from each of the following States: New Hamps.h.i.+re, Ma.s.sachusetts, Connecticut, New York, New Jersey, Pennsylvania, and Virginia. At the end of a month, the committee made the following report to Congress:--

"1st. That the general government was expressly restrained, until the year 1808, from prohibiting the importation of any persons whom any of the existing states might till that time think proper to admit. 2d. That, by a fair construction of the const.i.tution, congress was equally restrained from interfering to emanc.i.p.ate slaves within the states, such slaves having been born there, or having been imported within the period mentioned. 3d. That congress had no power to interfere in the internal regulation of particular states relative to the instruction of slaves in the principles of morality and religion, to their comfortable clothing, accommodation, and subsistence, to the regulation of marriages or the violation of marital rights, to the separation of children and parents, to a comfortable provision in cases of age or infirmity, or to the seizure, transportation, and sale of free negroes; but entertained the fullest confidence in the wisdom and humanity of the state legislature that, from time to time, they would revise their laws, and promote these and all other measures tending to the happiness of the slaves. The fourth a.s.serted that congress had authority to levy a tax of ten dollars, should they see fit to exact it, upon every person imported under the special permission of any of the states. The fifth declared the authority of congress to interdict or to regulate the African slave-trade, so far as it might be carried on by citizens of the United States for the supply of foreign countries, and also to provide for the humane treatment of slaves while on their pa.s.sage to any ports of the United States into which they might be admitted. The sixth a.s.serted the right of congress to prohibit foreigners from fitting out vessels in the United States to be employed in the supply of foreign countries with slaves from Africa.

The seventh expressed an intention on the part of congress to exercise their authority to its full extent to promote the humane objects aimed at in the Quaker's memorial."

Mr. Tucker took the floor against the report of the committee, and, after a bitter speech upon the unconst.i.tutionality of meddling with the slavery question in any manner, moved a subst.i.tute for the whole, in which he p.r.o.nounced the recommendations of the committee "as unconst.i.tutional, and tending to injure some of the States of the Union." Mr. Jackson seconded the motion in a rather intemperate speech, which was replied to by Mr. Vining. The subst.i.tute of Mr.

Tucker was declared out of order. Mr. Benson moved to recommit in hopes of getting rid of the subject, but the motion was overwhelmingly voted down. The report was taken up article by article. The three first resolutions (those relating to the authority of Congress over slavery in the States) were adopted; while the second and third were merged into one, stripped of its objectionable features. But on the fourth the debate was carried to a high pitch. This one related to the ten-dollar tax. Mr. Tucker moved to amend by striking out the fourth resolution. Considerable discussion followed; and, upon the question being put, it was carried by one vote. The fifth resolution, affirming the power of Congress to regulate the slave-trade, drew the fire of Jackson, Smith, and Tucker. Mr. Madison offered to modify it somewhat. It was argued by the opponents of this resolution, that Congress, under the plea of regulating the trade, might prohibit it entirely. Mr. Vining of Delaware, somewhat out of patience with the demands of the Southern members, told those gentlemen very plainly that they ought to be satisfied with the changes already made to gratify them; that they should show some respect to the committee; that all the States from Virginia to New Hamps.h.i.+re had pa.s.sed laws prohibiting the slave-trade; and then delivered an eloquent defence of the Quakers. The resolution, as modified by Mr. Madison, carried.

The sixth resolution, relating to the foreign slave-trade carried on from ports of the United States, received considerable attention. Mr.

Scott made an elaborate speech upon it, in which he claimed, that, if it were a question as to the power of Congress to regulate the foreign slave-trade, he had no doubts as to the authority of that body. "I desire," said that gentleman, "that the world should know, I desire that those people in the gallery, about whom so much has been said, should know, that there is at least one member on this floor who believes that Congress have ample powers to do all they have asked respecting the African slave-trade. Nor do I doubt that Congress will, whenever necessity or policy dictates the measure, exercise those powers." Mr. Jackson attempted to reply. He started out with a labored argument showing the divine origin of slavery, quoting Scriptures; showed that the Greeks and Romans had held slaves, etc. He was followed and supported by Smith of South Carolina. Boudinot obtained the floor, and, after defending the Quakers and praising Franklin, declared that there was nothing unreasonable in the memorial; that it simply requested them "to go to the utmost verge of the Const.i.tution,"

and not beyond it. Further debate was had, when the sixth resolution was adopted.

The seventh resolution, pledging Congress to exert their full powers for the restriction of the slave-trade--and, as some understood it, to discountenance slavery--was struck out. The committee then arose and reported the resolutions to the house. The next day, the 23d March, 1790, after some preliminary business was disposed of, a motion was made to take up the report of the committee. Ames, Madison, and others thought the matter, having occupied so much of the time of the house, should be left where it was; or rather, as Mr. Madison expressed it, simply entered on the Journals as a matter of public record. After some little discussion, this motion prevailed by a vote of twenty-nine to twenty-five. The entry was accordingly made as follows:--

"That the migration or importation of such persons as any of the states now existing shall think proper to admit, can not be prohibited by congress prior to the year 1808.

"That congress have no right to interfere in the emanc.i.p.ation of slaves, or in the treatment of them, in any of the states, it remaining with the several states alone to provide any regulations therein which humanity and true policy require.

"That congress have authority to restrain the citizens of the United States from carrying on the African slave-trade for the purpose of supplying foreigners with slaves, and of providing by proper regulations for the humane treatment, during their pa.s.sage, of slaves imported by the said citizens into the said states admitting such importation.

"That congress have also authority to prohibit foreigners from fitting out vessels in any port of the United States for transporting persons from Africa to any foreign port."

The census of 1790 gave the slave population of the States as follows:--

SLAVE POPULATION.--CENSUS OF 1790.

Connecticut 2,759 Delaware 8,887 Georgia 29,264 Kentucky 11,830 Maryland 103,036 New Hamps.h.i.+re 158 New Jersey 11,423 New York 21,324 North Carolina 100,572 Pennsylvania 3,737 Rhode Island 952 South Carolina 107,094 Vermont 17 Virginia 293,427 Territory south of Ohio 3,417

Aggregate, 697,897.

Vermont was admitted into the Union on the 18th of February, 1791; and the first article of the Bill of Rights declared that "no male person born in this country, or brought from over sea, ought to be bound by law to serve any person as a servant, slave, or apprentice after he arrives at the age of twenty-one years, nor female, in like manner, after she arrives at the age of twenty-one years, unless they are bound by their own consent after they arrive at such age, or are bound by law for the payment of debts, damages, fines, costs, or the like."

This provision was contained in the first Const.i.tution of that State, and, therefore, it was the first one to abolish and prohibit slavery in North America.

On the 4th of February, 1791, Kentucky was admitted into the Union by Act of Congress, though it had no Const.i.tution. But the next year a Const.i.tution was framed. By it the Legislature was denied the right to emanc.i.p.ate slaves without the consent of the owner, nor without paying the full price of the slaves before emanc.i.p.ating them; nor could any laws be pa.s.sed prohibiting emigrants from other states from bringing with them persons deemed slaves by the laws of any other states in the Union, so long as such persons should be continued as slaves in Kentucky. The Legislature had power to prohibit the bringing into the state slaves for the purpose of sale. Masters were required to treat their slaves with humanity, to properly feed and clothe them, and to abstain from inflicting any punishment extending to life and limb.

Laws could be pa.s.sed granting owners the right to emanc.i.p.ate their slaves, but requiring security that the slaves thus emanc.i.p.ated should not become a charge upon the county.

During the session of Congress in 1791, the Pennsylvania Society for the Abolition of Slavery presented another memorial, calling upon Congress to exercise the powers they had been declared to possess by the report of the committee which had been spread upon the Journals of the house. Thus emboldened, other anti-slavery societies, of Rhode Island, Connecticut, New York, Virginia, and a few local societies of Maryland, presented memorials praying for the suppression of slavery in the United States. They were referred to a select committee; and, as they made no report, New Hamps.h.i.+re and Ma.s.sachusetts, the next year, called the attention of Congress to the subject. On the 24th of November, 1792, a Mr. Warner Mifflin, an anti-slavery Quaker from Delaware, addressed a memorial to Congress on the general subject of slavery, which was read and laid upon the table without debate. On the 26th of November, Mr. Stute of North Carolina offered some sharp remarks upon the presumption of the Quaker, and moved that the pet.i.tion be returned to the pet.i.tioner, and that the clerk be instructed to erase the entry from the Journal. This provoked a heated discussion; but at length the pet.i.tion was returned to the author, and the motion to erase the record from the Journal was withdrawn by the mover.

In 1793 a law was pa.s.sed providing for the return of fugitives from justice and from service, "In case of the escape out of any state or territory of any person held to service or labor under the laws thereof, the person to whom such labor was due, his agent, or attorney, might seize the fugitive and carry him before any United States judge, or before any magistrate of the city, town, or county in which the arrest was made; and such judge or magistrate, on proof to his satisfaction, either oral or by affidavit before any other magistrate, that the person seized was really a fugitive, and did owe labor as alleged, was to grant a certificate to that effect to the claimant, this certificate to serve as sufficient warrant for the removal of the fugitive to the state whence he had fled. Any person obstructing in any way such seizure or removal, or harboring or concealing any fugitive after notice, was liable to a penalty of $500, to be recovered by the claimant."

In 1794 an anti-slavery convention was held in Philadelphia, in which nearly all of the abolition societies of the country were represented.

A memorial, carefully avoiding const.i.tutional objections, was drawn and addressed to Congress to do whatever they could toward the suppression of the slave-trade. This memorial, with several other pet.i.tions, was referred to a special committee. In due time they reported a bill, which pa.s.sed without much opposition. It was the first act of the government toward repressing the slave-trade, and was as mild as a summer's day. On Wednesday, the 7th of January, 1795, another meeting was held in Philadelphia, the second, to consider anti-slavery measures. The Act of Congress was read.

"_An Act to prohibit the carrying on the Slave-trade from the United States to any foreign place or country._

"SECTION I. BE _it enacted by the Senate and House of Representatives of the United States of America, in Congress a.s.sembled_, That no citizen or citizens of the United States, or foreigner, or any other person coming into, or residing within the same, shall, for himself or any other person whatsoever, either as master, factor or owner, build, fit, equip, load or otherwise prepare any s.h.i.+p or vessel, within any port or place of the said United States, nor shall cause any s.h.i.+p or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country; or for the purpose of procuring, from any foreign kingdom, place or country, the inhabitants of such kingdom, place or country, to be transported to any foreign country, port or place whatever, to be sold or disposed of, as slaves: And if any s.h.i.+p or vessel shall be so fitted out, as aforesaid, for the said purposes, or shall be caused to sail, so as aforesaid, every such s.h.i.+p or vessel, her tackle, furniture, apparel and other appurtenances, shall be forfeited to the United States; and shall be liable to be seized, prosecuted and condemned, in any of the circuit courts or district court for the district, where the said s.h.i.+p or vessel may be found and seized.

"SECTION II. _And be it further enacted_, That all and every person, so building, fitting out, equipping, loading, or otherwise preparing, or sending away, any s.h.i.+p or vessel, knowing, or intending, that the same shall be employed in such trade or business, contrary to the true intent and meaning of this act, or any ways aiding or abetting therein, shall severally forfeit and pay the sum of two thousand dollars, one moiety thereof, to the use of the United States, and the other moiety thereof, to the use of him or her, who shall sue for and prosecute the same.

"SECTION III. _And be it further enacted_, That the owner, master or factor of each and every foreign s.h.i.+p or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave-trade, and the suspicion being declared to the officer of the customs, by any citizen, on oath or affirmation, and such information being to the satisfaction of the said officer, shall first give bond with sufficient sureties, to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said s.h.i.+p or vessel, to be transported, or sold as slaves, in any other foreign port or place whatever, within nine months thereafter.

"SECTION IV. _And be it further enacted_, That if any citizen or citizens of the United States shall, contrary to the true intent and meaning of this act, take on board, receive or transport any such persons, as above described, in this act, for the purpose of selling them as slaves, as aforesaid, he or they shall forfeit and pay, for each and every person, so received on board, transported, or sold as aforesaid, the sum of two hundred dollars, to be recovered in any court of the United States proper to try the same; the one moiety thereof, to the use of the United States, and the other moiety to the use of such person or persons, who shall sue for and prosecute the same.

"FREDERICK AUGUSTUS MUHLENBERG, _Speaker of the House of Representatives_.