liiiiiiiiii^liiii liliiiBiipjIiiilif^^ li 1 i'liiSJl'lIllliil'li^i ijii'lli'ilj'i';' i illi: ^^iiiiiif iiliill illi ■ i(,li'ii|i:'l(ii;!l!.',:i!f'i(il!iiln .u:llillimilMI)^ c^ .- V ' * • «. ' i O J- •-^, T^-. '^^^^^ ^o <^' A * * , T*. 4^ V -7^ f 9 o , » • « * ''^b AN HISTORICAL EESEARCn IlF.SI'I'.CriNd TIIK OPINIONS OF THE FOUNDERS OF THE REPUBLIC ON NEGROES AS SLAVES, AS CITIZENS, AND AS SOLDIERS. READ BEFORE THE MASSACHUSETTS HISTORICAL SOCIETY, August 14, 1862. BY GEORGE LIVERMORE. P> O S T O N : PRINTED BY JOHN WILSON AND SON. 1862. I -' nv 7 48 ^/ / / O-' U MASSACHUSETTS HISTOKICAL SOCIETY, August Meeting, 1862. EXTltACT FKOM THE U ECO I! U.S. A statL'd nioiitlily meeting was held this day, Thursday, August 14th. lu tlie absence of the President (the Hon. Robert C. WiNTiiRor), Colonel Thomas Aspinwall, one of the Vice-Presi- dents, took the chair. Mr, LiVEKMOKE communicated a paper (portions of which he had read at the July meeting) " On tin:. Opinions of the Founders of the Piepuhlic respecting Negroes as Slaves, as Citizens, and as Soldiers." Mr. Norton moved, That the thanks of the Society be presented to Mr. Livermore, and that a special Committee be appointed to };rint the paper at the expense of the Society. Before this motion was put, Mr. Livermore remarked, that he began his research as an individual etfort, intending to print a few copies only, for private distribution. He had brought the subject before the Society at the July meeting, that he might receive aid or suggestions from members who were present. At the request of many members of the Society he had extended his investigations ; and, as they desired, had now oftered the results of his researches. He hoped he might be permitted to carry out his original purpose of printing the paper, at his own expense, for gratuitous distribu- tion. He should, if such was the pleasure of the meeting, print it as a paper read before the Massachusetts Historical Society. He would take this occasion to mention, that, being in New York a few weeks since, he had made known his plan and pur- IV EXTRACT FROM THE RECORDS OF pose to his friend, George H. Moore, Esq., the Librarian of the New-York Historical Society, who was so much impressed with the importance of the subject at the present time, and the duty of historical students to aid in informing the public mind thereon, that he immediately prepared and published a pamphlet entitled " Historical Notes on the P^mployment of Negroes in the Army of the Revolution," which has attracted much attention. Mr. Everett expressed the gratification Avith which he had lis- tened to a paper containing so much valuable information, and hoped that it miglit be printed in the manner most agreeable to Mr. Livermore. He suggested that the motion of ]Mr. Norton be so modified as to obviate the objections raised by Mr. Livermore. He hoped, if consistent Avith his plan, that Mr. Livermore would extend his I'esearclies so as to include the services of colored sea- men in the American Navy. Mr. Everett related an anecdote of an aged slave, the last of his class, showing the mildness of slavery in Massachusetts before its final extinction. Mr. Waterston, Secretary j^'o tempore of the July meeting said he had made known the proceedings of that meeting to the venerable senior member of the Society, the Hon. Josiah Quincy, who, though unable at present to attend the meetings, retains a deep interest in all the Society's transactions. He had just received from him a letter, which he begged leave to present to the Society : — "Quincy, Aug. 9, 1862. " Rev. R. C. Waterston, " Dear Sir, — Your letter of this date communicates to me the purpose of Mr. Livermore to collect and publish documents on the subject of Slavery and Negro Soldiers, originating from the great men who were guides of public affairs at the time of the American Revolution. I should regard such a publication as useful and desirable, and I heartily wish Mr. Livermore success ; and I shall be happy, according to my means, in aiding him in his purpose. " In respect to the general subject of slavery, I apprehend he will find very little favorable to the institution among the relics of the great men of that period. " Disgust at it was so general, as to be little less than miiversal. Among slaveholders, the language and hope of putting an end THE MASSACHUSETTS HISTORICAL SOCIETY. V to the evil as soon as possible was on all their tongues ; but, alas ! it was far from being in all their hearts. Some of the leaders saw the advantages derived from it by the unity and identity of action and motive to which it tended, and its effect in making five States move in phalanx over the Free States. They clung to the insti- tution for the sake of power over the other States of the Union ; and, while they were open in decrying it, they were assiduous in promoting its interests and extending its influence. " By constantly declaring a detestation of slavery, they threw dust into the eyes of the people of the Free States ; while they never ceased to seize every opportunity to embarrass the measures which would advance the interests of the Free States, and at the same time to streno-then and extend the interests of the Slave States. We can trace their policy in history. We now realize the result. " With all their pretensions, the leading slaveholders never lost sight, for one moment, of perpetuating its existence and its power. " Truly and respectfully yours, " JOSIAH QuiNCY." Mr. Washburn spoke with interest of the letter which had just been read, remarkable as coming from a gentleman of such experience, and at so advanced a period of life. He then gave several historical facts which had come to his knowledge when writing his " History of Leicester," corroborating the statement of Mr. Livermore respecting the common practice of using negroes as soldiers durins; the war of the American Revolution. The vote thanking Mr. Livermore for his paper, and commit- ting the manuscript to him, to be printed in the manner most agreeable to him, was unanimously adopted. Richard Frothingham, Secretary pro tern. NOTE. In the reading of the following paper before the Massachusetts Historical Society, many of the docu- ments now printed were necessarily omitted, or but briefly alluded to. In order to make room for these without unduly increasing the size of this pamphlet, some of the remarks in the original paper have been left out. Though the special object of this research was to ascertain the views of the Founders of our Republic, it has been tliought pertinent, in relation to the employment of negroes as soldiers, to present also some evidence of the opinions and practice of contemporary British officers in America. Many ap- propriate documents, equally illustrative of the whole subject, have been passed by ; but it is believed that what are given will suffice to show impartially the general state of public sentiment at the time when our Government was established. G. L. Boston, OctobiT, 1SG2. CONTENT S. Prelimixary Remarks 1-3 OPINIONS OF THi: FOUNDERS OF THE REPUBLIC RESPECTING NEGROES AS SLAVES AND AS CITIZENS. IXTRODUCTION, SHOWING THE PRESENT StATE OF THE QUES- TION 3-18 Views of Mr. Jefferson Davis 4 — 5 Differing views of Mr. Alexander H. Stephens 5 — 6 Chief-Justice Taney's assertions 7 — 8 Mr. Justice McLean's reply to them 9-10 Ground maintained by Mr. Justice Curtis 10-12 Judge Gaston of North Carolina cited by him .... 11-12 Mr. George Bancroft's comments on Chief-Justice Taney's assertions 13-1,5 Mr. Edward Everett's strictures on the views of Mr. Jefferson Davis l.j-lS The Declaration of Independence in 1776 . . . 19-32 Contemporary opinion on slavery, as shown from the history of the Declaration of Independence, 19-28. Mr. Jefferson, 21-24. — Mr. Adams, 24. — Lord Mahon's error as to the Southern Colonies, proved by Mr. Force from the history of the Continental Association of 1774, 25-28. Doctrine of the Declaration of Independence re-afRrmed in the Constitutions, and acted upon in the Courts, of several of the States before the adoption of the Federal Constitution, 28-32, h X CONTENTS. The Articles of Confederation in 177S 33-34 Free negroes regarded in them as citizens, 3.3. — Representation by New Jersey to Congress on the subject, 34. The Federal Convention and the Constitution . . 35-78 Opinions on slavery with which some of the framers of the Consti- tution came to their work, 36-61. — Opinion of Washington before as well as after the Convention, 36-39 ; he sympathizes with Lafayette in his views of slavery, 40-42 ; his last will, 42-44. — Opinion of Franklin, 44-54. — Opinion of John Adams, 54. — Mr. Jefferson's opinion, 55-60. — Mr. Gadsden's opinion, 60. — Mr. Henry Laurens's opinion, 61. Opinions of the framers of the Constitution expressed in debate in the Federal Convention, 62-78. — Mr. Pinckney of South Carolina, 64. — jVIr. Sherman, 64. — Mr. Ellsworth, 65. — Mr. Gouverneur Morris, 66-68. — Mr. Rufus King, 68, 69. — Mr. Sherman, 69. — Mr. Luther Martin, 69. — Mr. John Rutledge, 70. — Mr. Ellsworth, 70. — Mr. Charles Pinckney, 70. — Mr. Sherman, 70, 71. — Colonel George Mason, 71, 72. —Mr. Ellsworth, 72. — Mr. Charles Pinck- ney, 72. — General Charles Cotesworth Pinckney, 72, 73. — Mr. Abraham Baldwin, 73. — Mr. James Wilson, 73, 74. — Mr. Gerry, 74. — Mr. Dickinson, 74. — Mr. Williamson, 74. — Mr. King, 74, 75. — Mr. Langdon, 75. — General Pinckney, 75. — Mr. Rutledge, 75. — Mr. Gouverneur Morris, 75. — Mr. Butler, 75. — Mr. Sherman, 75. — Mr. Read, Mr. Sherman, Mr. Randolph, General Pinckney, Mr. Gorham, Mr. Madison, 76. — Messrs. Morris, Mason, Sherman, Clymer, WiUiamson, Morris, Dickinson, 77. State Conventions for ratifying the Constitution, 78-106 Debates in the Massachusetts Convention, 78-86. — New-Hamp- shire Convention, 86-88. — Pennsylvania Convention, 88, 89. — Maryland Legislature, 90-94. — Virginia Convention, 94-100. — North-Carolina Convention, 100-104, — South-Carolina Legislature, 104-106. Two letters concerning the Constitution, written in 1788 : one by Dr. Ramsay of Charleston, S.C. ; and the other by the Rev. Dr. Hopkins of Newport, R.L, 106-108. Opinion of Dr. Paley, in 1785, on slavery, and the probable effect upon it of "the great Revolution which had taken place in the Western World," 110. CONTENTS. XI II. OPINIONS OF THE FOUNDERS OF THE REPUBLIC RESPECTING NEGROES AS SOLDIERS. The practical importance of this branch of the subject at the present time, 113, 114. In Massachusetts, in the earlier stages of the Revolution, negroes appear as acting with white citizens against the British, 114, 132. — The "Boston Massacre" and Crispus Attucks, 115-118. — Peter Salem fights at the battle of Bunker Hill, and is commemorated by the artist, the historian, and the orator, 118-121. — Petition of Colo- nel Prescott and other officers to the General Court of Massachusetts for a reward to another " negro man," Salem Poor, as '• a brave and gallant soldier," who " behaved like an experienced officer" at Bun- ker Hill, 121, 122. — Major Lawi-ence commands " a company, whose rank and file are all negroes," and who " fight with the most deter- mined bravery," 122-124. — Free negroes, and sometimes slaves, took their place in the ranks with white men ; afterwards, slaves must be manumitted before becoming soldiers, 124, 125. Opinion of the Rev. Dr. Hopkins in 1776, on the employment of negroes as soldiers, 125, 126. South Carolina, in 1775, enrols slaves in her militia as "pioneers and laborers," 126. —Belief, in South Carolina and Georgia, that the negroes would join the British regular troops, 128. — General Gates forbids the recruiting of negroes, 129. — Southern delegates to Con- gress move in vain the discharge of negroes from the army, 129, 130. — The Committee of Conference determine to reject them in the new enlistment, 130. — Washington afterwards decides to license the en- listment of the free negroes who had served faithfully, 131. — His decision approved by Congress, 131. — General Thomas's praise of the negro soldiers in the Massachusetts regiments, 132, Account of Lord Dunmore's celebrated Proclamation in Virginia in 1775, and its eff"ect, 132-140. — Public appeal to the negroes to stand by their masters, 136-138. — The Virginia Convention answer the Proclamation, and declare pardon to slaves who had taken up arms, 138, 139. (1776.) The British form a negro regiment at Staten Island, 141. — The Massachusetts Legislature forbid the sale of negroes taken prisoners from the British, 142. Xll CONTENTS. (1777.) Testimony of a Hessian officer, that there was "no regiment to be seen in which there were not negroes in abundance," 142, 143. — Capture of the British Major-General Prescott by Colonel Barton, with the help of the negro man Prince, 143, 144. Dr. Thacher's account of it, 144, 145. (1777.) Account of the employment of negro soldiers by the State of Connecticut, 145-150. (1778.) Account of their employment by the State of Rhode Island, 150-159. — Act for raising a negro regiment, 152-154. — Distinguished services rendered by Colonel Greene's black regiment in the battle of Rhode Island, 158. — Chastellux's account of this regiment in 1781, 159. — Its subsequent heroic defence of Colonel Greene, 159. (1778.) Action of the State of Massachusetts on the subject, 159-162. — Precedent in her early legislation, negroes having been obliged to train in the militia with white men in 1652, 159. — Propo- sal of Thomas Ivench to raise a separate corps of negroes in the spring of 1778, 160-162. — Referred to a joint committee of the General Court, together with a copy of the Rhode-Island act, 162. — Their report favorable, embodying the draught of a law, 162. — The subject of a separate corps allowed to subside, and the usage conti- nued of having negroes "intermixed with white men," 162. Action of the State of Maryland on the subject, 163. Action of the State of New York, 163. (1779.) The employment of negroes as soldiers almost everywhere prevailed, except in the States of Georgia and South Carolina, 164. — Why they were exceptions, 164-167. — A vigorous effort in Congress to secure the enrolment of black troops in those States, 167. — The measure advocated by Colonel John Laurens, and by his father, Henry Laurens, 167. Henry Laurens's letter to Washington, 167, 168. — Washington, in reply, suggests doubts as to the policy of arming the slaves at the South, unless the enemy set the example ; but says he has never given much thought to the subject, 168. (1779.) Alexander Hamilton heartily supports the measure, 168. — His strong letter to John Jay, President of Congress, 169, 170. — Congress refers the matter to a special committee ; afterwards passes resolutions, recommending to South Carolina and Georgia to raise a force of " three thousand able-bodied negroes ; " and commissions Colonel Laurens to repair to the South on this business, 170-173. — He writes to Washington that General Prevost, at Savannah, is "re-enforced by a corps of blacks," 174, CONTENTS. Xlll (1779.) Sir Henry Clinton's Proclamation in consequence of " the enemy's having adopted the practice of enrolling negroes among their troops," 175. Lord CornM-allis issues a proclamation, encouraging slaves to join the British army, 175. — Mr. Jefferson's account of Cornwallis's cruelty to those who joined his army, 175, 176. (1780.) General Lincoln seconds Colonel Laurens in urging the government of South Carolina to raise black troops, 177. — Mr. Madison advocates the policy of " liberating and making soldiers at once of the blacks themselves," instead of " making them instru- ments for enlisting white soldiers," 178. (1781.) General Greene writes to Washington, that in South Caro- lina " the enemy have ordered two regiments of negroes to be imme- diately embodied," 178. (1782.) Colonel Laurens, on his return from France, renews his efforts to induce South Carolina and Georgia to raise black troops, 178-181. — His letters to Washington on the subject, and Washing- ton's reply, 179-181. (1782.) Colonel Humphreys continued to the end of the war to be the nominal captain of a company of colored infantry, raised in Connecticut by his influence before he became aid-de-camp to Wash- ington, 181. (1782.) Letter to Lord Dunmore from Mr. Cruden, proposing a plan for raising ten thousand black troops, 182-186. — Letter of Lord Dunmore to Sir Henry Clinton, approving the scheme, vouch- ing for the excellence of such troops, and declaring his perfect willingness " to hazard his reputation and person in the execution of the plan," 187-189. (1782.) Lord Dunmore writes to England, that the raising of a brigade of negroes was negatived by a few voices in the Assembly of South Carolina, and would probably be carried at a future day, ,189, 190. (1782.) General Greene proposes to the Governor of South Carolina a plan for raising black regiments, 190, 191. — Judge John- son's remarks on this plan, and on negroes as soldiers, 192, 193. — Importance of the mature opinions of the preceding British and American military authorities, 193. (1783.) Washington's scrupulous regard for the rights of his negro soldiers on their leaving the service, 194. X]V CONTENTS. (1783.) The State of Virginia passes an act securing the freedom of all slaves who had served in the army, 195, 196. (1786.) Virginia passes a special act to pay for and emancipate a slave who had " faithfully executed important commissions intrusted to him by the Marquis Lafayette," 197. Later testimonies to the competency of negroes to become good soldiers, 197-199. — Dr. Eustis, a surgeon throughout the war of the Revolution, 198, 199. — Charles Pinckney of South Carolina, 199. Concluding remarks, 200. APPENDIX. (A.) Negroes in the Navy 203 (B.) Flag of a Negro Military Company in Boston 200 (C.) Negro Regiments in the State of New York 207 (D.) General Jackson's Proclamation to the Negroes 210 (E.) Negro Soldiers under Monarchical Governments 213 I. NEGROES AS SLAVES AND AS CITIZENS. " We cannot put the negro out. This remark serves as a complete stopper to all the crimination and recrimination so freely indulged in between parties on the sol- emn point, — which of the two first brought the negro in. Let them rest quiet here- after on this topic. The negro was in before they began to talk .about him at all. He will stay in, whether they choose to talk about him or not. He will grow in more and more, even while they are sleeping. To deprecate the misfortune is as idle as to complain of the force of the waters of Niagara. The subject is before us; and it is our duty to face the consideration of its proportions like statesmen, and not to imagine, that, if we will only shut our eyes to it, it is not there ; still less to suppose that either lamentation or anger, agitation or silence, will in any respect materially change the nature of the great problem which North America is inevi- tably doomed to solve. From the decree of Divine Providence there is no appeal." — Speech of the Bon. Charles Francis Adams, May 31, 1860, in the U. S. House of Rep- resentatives. HISTORICAL EESEAHCH. In this time of our countiys trial, when its Consti- tution, and even its continued national existence, is in peril, and the people are beginning to be aroused to the magnitude of the work to be done, all other subjects dwindle into comparative insignificance. Loyal men, of every calling in life, are laying aside thek chosen and accustomed private pursuits, and devoting themselves, heart and hand, to the common cause. As true patriots, then, we, members of the Massachusetts Historical Society, should do some- thing more than comply, as good citizens, with all the requirements of the Constitution and the laws: we must study, in the light of history, and by the traditions of those who originally founded and at first administered the Government, the fundamental principles on which it was based, and the paramount objects for which it was established. Having done this, it may not be amiss for us to ofifer the results of our historical researches to others not having the leisure or the opportunity to investigate for them- selves. All partisan and personal prejudice should 1 A HISTORICAL RESEARCH. now be abjured, and all sectional sentiments and views should yield to the broad and patriotic purpose of ascertaining, asserting, and doing our whole duty as citizens of the United States^ desirous of restoring the Union to its original completeness for its true purpose. This will not be the first time that our Society has endeavored, from the records of the past, to throw light on the path of the Government in the legislative and military action of the present. We were not long since called together specially to contribute, from an historical point of view, our aid in guiding public opinion; and the publication of the " Report on the Exchange of Prisoners during the American E-evolution," read at that meeting, was warmly welcomed, as a timely and serviceable act. Although there is a wide difference of opinion as to the cause of the rebellion, or rather as to the persons on whom rests the responsibility of having brought on this terrible civil war, yet all are agreed, that, if negro slavery had not existed in this country, we should now be in a condition of peace and pros- perity. I have thought that I could not, at this time, perform a more useful duty, as a member of the Society, than by preparing a documentary paper of carefully edited authorities, relating to Necjroes as slaves^ as citizens^ and as soldiers^ — in order to show what were the principles and the practice of the Foun- SLAVERY THE CAUSE OP THE REBELLION. 3 ders of the Republic, and thus to ascertain who have been unfaithful to the " compromises of the Consti- tution," and to the principles upon which the Union was based, and for which the Government was esta- blished. In doing this, I shall endeavor to act simply as an historical inquirer, without any attempt to enforce sentiments or theories of my own. It is my purpose to present the simple records of the opinion and ac- tion of persons wlio have acknowledged claims to be considered as authorities. As an appropriate introduction to the task I have proposed to myself, of producing some of the re- corded opinions of those who were eminently the Founders of the Republic, I proceed to set forth, by authentic citations, the modern doctrine which has given occasion for this research, and also the most important refutations of that doctrine which have yet appeared. These, taken together, wdll exhibit the present state of the great question as to its first two branches ; namely, the opinions held in relation to negroes as slaves and as citizens before, during, and some time after, the formation of the Government of the United States. It is a noticeable fact, that, while the Southern leaders of the rebellion uniformly denounce the North for having denied to them their guarantied rights under the Constitution, they are widely at variance when they come to specify their grievances. 4 HISTORICAL RESEARCH. Mr. Jefferson Davis, on the 29tli of April, 18G1, in his Message, says : — Jefferson " When the several States delegated certain powers to Davis. the United-States Congress, a large portion of the laboring- population were imported into the colonies by the mother- country. In twelve out of the fifteen States, negro slavery existed ; and the right of property existing in slaves was protected by law. This property was recognized in the Constitution ; and provision was made against its loss by the escape of the slave. " The increase in the number of slaves by foreign importation from Africa was also secured, by a clause for- bidding Congress to prohibit the slave-trade anterior to a certain date ; and in no clause can there be found any delegation of power to the Congress to authorize it in any manner to legislate to the prejudice, detriment, or discour- agement of the owners of that species of property, or ex- cluding it from the protection of the Government. " The climate and soil of the Northern States soon proved unpropitious to the continuance of slave-labor ; while the reverse being the case at the South, made unrestricted free intercourse between the two sections unfriendly. " The Northern States consulted their own interests, by selling their slaves to the South, and prohibiting slavery between their limits. The South were willing purchasers of property suitable to their Avants ; and paid the- price of the acquisition, without harboring a suspicion that their quiet possession was to be disturbed by those who were not only in want of constitutional authority, but by good faith as vendors, from disquieting a title emanating from them- selves. " As soon, however, as the Northern States that prohi- bited African slavery within their limits had reached a number sufficient to give their representation a controlling vote in tlie Congress, a persistent and organized system of ANTISLAVERY SENTIMENT IN 1776. 5 hostile measures against the rights of the owners of slaves Jefferson in the Southern States was inaugurated, and gradually extended. A series of measures was devised and prose- cuted for the purpose of rendering insecure the tenure of property in slaves. ■ • • • • "With interests of such overwhelming magnitude imper- illed, the people of the Southern States were driven by the conduct of the North to the adoption of some course of action to avoid the dangers with which they were openly menaced. With this view, the Legislatures of the several States invited the people to select delegates to conventions to be held for the jDurpose of determining for themselves what measures were best to be adopted to meet so alarm- ing a crisis in their history." — 3Ioore's Behellion Record^ vol. i. 5 Documents, pp. 1G8, 169. It is not necessary for ns to go out of the so-called Southern Confederacy, nor far from the presence of its pretended President, to refute this accusation of change in principle or in policy on the part of the North. The associate of Mr. Davis, Mr. Alexander H. Stephens (Vice-President, as he is called,) thus frankly avows his sentiments in a speech, delivered at Savan- nah, on the 21st of March, 1861 : — " The new Constitution has put at rest for ever all the Alex. H. agitating questions relating to our jjeculiar institutions, — epiens. African slavery as it exists among us, the proper status of the negro in our form of civilization. This was the imme- diate cause of the late rupture and present revolution. Jef- ferson, in his forecast, had anticipated this, as the ' rock upon which the old Union would split.' He was right. b HISTOEICAL RESEARCH. Alex. H, What was conjecture with him is now a realized fact. But Avhetber he fully comprehended the great truth upon which that rock stood and stands, may be doubted. The prevailing ideas entertained hy Jiim, and most of the leading statesmen at the time of the formation of the old Constitution, were, that the enslavement of the African ivas in violation of the laws of nature; that it was wrong in principle, socially, morally, and p)olitically. It was an evil they knew not well how to deal Avith ; but the general opinion of the men of that day was, that, somehow or other, in the order of Providence, the institution would be evanescent, and pass away. This idea, though not incorporated in the Constitution, was the pre- vailing idea at the time. The Constitution, it is true, secured eveiy essential guarantee to the institution while it should last ; and hence no argument can be justly used against the constitutional guarantees thus secured, because of the common sentiment of the day. Those ideas, how- ever, loere fundamentally wrong. They rested upon the assumption of the equality of races. This was an error. It Avas a sandy foundation ; and the idea of a government built upon it, — when the '■ storm came and the Avind blew, it fell: "Our new government is founded upon exactly the opp)0- site ideas : its foundations are laid, its corner-stone rests, upon the great truth, that the negro is not equal to the white man ; that slavery, subordination to the supei^ior race, is his ncntural and moral [normd\1'\ condition. [A23plause.] This, our new government, is the first, in the history of the world, hosed upon this great physical, philosophical, and moral truth. This truth has been slow in the process of its development, like all other truths in the various departments of science. It is so, even amongst us. Many who hear me, perhaps, can recollect well that this truth Avas not generally admitted, even Avithin their day." — Moore's Rebellion Record, yo\. i. ; Documents, p. 45. HAD NEGROES FORMERLY ANY RIGHTS I 7 This ought to he sufficient to put at rest for ever the accusation of change of opinion, and of unfaithful- ness to the original compromises of the Constitution and to the spirit of the founders of our Government. But it is a lamentable fact, that there are not wanting amongst us men, claiming to be friends of the Union and the Constitution, who yet, through ignorance or recklessness, continue to violate the truth of history on this subject. Without referring more particularly to political writers and speakers of this class, I would call atten- tion to the well-known words of the Chief-Justice of the United-States Supreme Court, in the celebrated case of Dred Scott, at the December Term, 1856. Judge Taney's language is as follows : — " Can a negro, whose ancestors were imported into this Chief-Jus- country, and sold as slaves, become a member of the politi- cal community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities guarantied by that instrument to the citizen ? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution. • • • • • " The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereign- ty ? We think they are not, and that they are not included, and were not intended to be inckided, under the word ' citizens ' in the Constitution, and can therefore claim none of the rights and privileges which that instrument 8 HISTORICAL EESEAECH. ChieWus- provides for and secures to citizens of the United States. ' On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been sub- jugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them. • • • • • " They had for more than a century before been re- garded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations ; and so far inferior, that they had no rights which the white man was bound to respect ; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordi- nary article of merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. It was regarded as an axiom in morals as well as in politics, which no one thought of disputing, or supposed to be open to dispute ; and men, in every grade and position in society, daily and habitually acted upon it in their private pursuits, as well as in matters of public concern, without doubting for a moment the correctness of this opinion." — Howard^ s Beports, vol. xix. pp. 403-405, 407. This remarkable assertion is in direct violation of historic truth. It shocked the moral sentiment of our own community, and excited the indignant rebuke of some of the most eminent Jurists and Statesmen of Europe, who declared the sentiments to be " so ex- ecrable as to he almost incredihley It was promptly met and answered by Judge McLean of Ohio, and Judge Curtis of Massachusetts, Associate Justices of the United-States Supreme Court. SLAVERY SECTIONAL, NOT NATIONAL. 9 Mr. Justice McLean, in his elaborate opinion, says : — " Slavery is emphatically a State institution. In the Judge r' -1 r.i/-i •• •• McLean. nnith section of the first article ot the Constitution, it is provided ' that the migration or importation of such per- sons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808 ; but a tax, or duty, may be imposed on such importation, not exceeding ten dollars for each person.' " In the Convention, it was proposed by a committee of eleven to limit the importation of slaves to the year 1800, when Mr. Pinckney moved to extend the time to the year 1808. This motion was carried, — New Hampshire, Mas- sachusetts, Connecticut, Maryland, North Carolina, South Carolina, and Georgia voting in the affirmative ; and New Jersey, Pennsylvania, and Virginia, in the neg itive. In opposition to the motion, Mr. Madison said : ' Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the American character than to say nothing about it in the Constitution.' (Madison Papers.) " We need not refer to the mercenary spirit which in- troduced the infamous traffic in slaves, to show the degra- dation of negro slavery in our country. This system was imposed upon our colonial settlements by the mother country ; and it is due to truth to say, that the commercial colonies and States were chiefly engaged in the traffic. But we know as a historical fact, that James JMadison, that great and good man, a leading member in the Federal Con- vention, was solicitous to guard the language of that instrument so as not to convey the idea that there could be property in man. " I prefer the lights of Madison, Hamilton, and Jay, as a means of construing the Constitution in all its bearings, 2 10 HISTORICAL RESEARCH. .Tu.ise rather than to look behind that period into a traffic whicli McLean. . . IS now declared to be piracy, and punished with death by Christian nations. I do not like to draw the sources of our domestic relations from so dark a ground. Our independ- ence was a great epoch in the history of freedom ; and while I admit the Government was not made especially for, the colored race, yet many of them were citizens of the New-England States, and exercised the rights of suffrage, when the Constitution was adopted ; and it was not doubted by any intelligent person that its tendencies would greatly ameliorate their condition. " Many of the States, on the adoption of the Constitu- tion, or shortly afterward, took measures to abolish slavery within their respective jurisdictions ; and it is a well-known fact, that a belief was cherished by the leading men. South as well as North, that the institution of slavery would grad- ually decline, until it would become extinct. The in- creased value bf slave labor, in the culture of cotton and sugar, prevented the realization of this expectation. Like all other communities and States, the South were influenced by what they considered to be their own interests. " But, if we are to turn our attention to the dark ages of the world, why confine our view to colored slavery ? On the same principles, white men were made slaves. All slavery has its origin in power, and is against right." — Howard's Reports, vol. xix, pp. 536-538. The following is a part of the conclusive dissenting opinion of Mr. Justice Curtis : — Jnd£!;e ii To determine whether any free persons, descended from Africans held in slavery, were citizens of the United States under the Confederation, and consequently at the time of the adoption of the Constitution of the United States, it is only necessary to know whether any such persons were citizens of either of the States under the Confederation, at the time of the adoption of the Constitution. NEGROES EEGARDED AS CITIZENS. 11 " Of this there can be no doubt. At the time of the rati. Judge fication of the Articles of Confederation, all free native-born inhabitants of the States of New Hampshire, Massachusetts, New York, New Jersey, and North Carolina, though de- scended from African slaves, were not only citizens of those States, but such of them as had the other necessary qualifications possessed the franchise of electors, on equal terms with other citizens. " The Supreme Court of North Carolina, in the case of the State vs. Manuel (4 Dev. and Bat., 20), has declared the law of that State on this subject, in terms which I be- lieve to be as sound law in the other States I have enume- rated, as it was in North Carolina. " ' According to the laws of this State,' says Judge Gas- judge ton, in delivering the opinion of the court, ' all human cited?" beings within it, who are not slaves, fall Avithin one of two classes. Whatever distinctions may have existed in the Roman laws between citizens and free inhabitants, they are unknown to our institutions. Before our Revolution, all free persons born within the dominions of the King of Great Britain, whatever their color or complexion, were native-born British subjects, — those born out of his alle- giance were aliens. Slavery did not exist in England, but it did in the British colonies. Slaves were not in legal parlance persons, but property. The moment the incapa- city, the disqualification of slavery, was removed, they became persons; and were then either British subjects, or not British subjects, according as they were or were not born within the allegiance of the British King. Upon the Revolution, no other change took place in the laws of North Carolina than was consequent on the transition from a colony dependent on a European King, to a free and sovereign State. Slaves remained slaves. British subjects in North Carolina became North Carolina freemen. For- eigners, until made members of the State, remained aliens. Slaves, manumitted here, became freemen ; and therefore, 12 HISTORICAL RESEARCH. Jufige if born within North Carolina, are citizens of North Caro- Cuitis. ' . . hna ; and all free persons born within the State are born citizens of the State. The Constitution extended the elective franchise to every freeman who had arrived at the age of twenty-one, and paid a public tax; and it is a matter of universal notoriety, that, under it, free persons, without regard to color, claimed and exercised the fran- chise, until it was taken from free men of color a few years since by our amended Constitution.' • • • • • " It has been often asserted, that the Constitution was made exclusively by and for the white race. It has already been shown, that, in five of the thirteen original States, colored persons then possessed the elective franchise, and were among those by whom the Constitution was ordained and established. If so, it is not true, in point of fact, that the Constitution was made exclusively by the white race. And that it was made exclusively for the white race is, in my opinion, not only an assumption not warranted by any thing in the Constitution, but contradicted by its opening declaration, that it was ordained and established by the people of the United States, for themselves and their pos- terity. And, as free colored persons were then citizens of at least five States, and so in every sense part of the peo- ple of the United States, they were among those for whom and whose posterity the Constitution was ordained and es- tablished." — HoivarcVs Reports, vol. xix. pp. 572, 573, 582. The Hon. George Bancroft, in his " Oration before the Mayor, Common Council, and Citizens of New York, on the 22d of February, 1862," alluding to the opinion of Judge Taney, notwithstanding his aflftni- ties with the political party through which the Chief- Justice was raised to his high station, thus speaks : — JUDGE TANEY'S opinion REVIEWED. 13 '' Durine- all these convulsions, the United States stood George 1 -I • • 1 T 1 Tr- • Bancroft. unchanged, admitting none but the slightest modihcations in its charter, and proving itself the most stable govern- ment of the civilized world. But at last ' we have fallen on evil days.' ' The propitious smiles of Heaven,' such are the words of Washington, ' can never be expected on a nation that disregards the eternal rules of order and right.' During eleven years of perverse government, those rules were disregarded ; and it came to pass that men who should firmly avow the sentiments of Washington, and Jef- ferson, and Franklin, and Chancellor Livingston, were disfranchised for the public service ; that the spotless Chief- Justice Avhom Washington placed at the head of our Su- preme Court could by no possibility have been nominated for that office, or confirmed. Nay, the corrupt influence invaded even the very home of justice. The final decree ' of the Supreme Court, in its decision on a particular case, must be respected and obeyed : the present Chief- Justice has, on one memorable appeal, accompanied his decision with an impassioned declamation, wlierein, with profound immorality, wliich no one has as yet fully laid bare, treat- ing the people of the United States as a shrew to be tamed by an open scorn of the facts of history, with a dreary industry collecting cases where justice may have slum- bered or weakness been oppressed, compensating for want of evidence by confidence of assertion, with a partiality that would have disgraced an advocate neglecting hu- mane decisions of colonial courts and the enduring me- morials of colonial statute-books, in his party zeal to prove that the fathers of our country held the negro to have ' no rights which the white man was bound to respect,' he has not only denied the rights of man and tlie liberties of man- kind, but has not left a foothold for tlie liberty of the white man to rest upon. " That ill-starred disquisition is the starting-point of this rebellion, which, for a quarter of a century, had been 14 HISTORICAL RESEARCH. George vainly preparing to raise its head. ' When courts of ius- tice laiJ, war begins. ihe so-called opinion oi ianey, who, I trust, did not intend to hang out the flag of dis- union, that rash offence to the conscious memory of the millions, upheaved our country with the excitement which swept over those of us who vainly hoped to preserve a strong and sufficient though narrow isthmus that might stand between the conflicting floods. No nation can adopt that judgment as its rule, and live: the judgment has in it no element of political vitality. I will not say it is an invo- cation of the dead past : there never was a past that accepted such opinions. If we want the opinions received in the days when our Constitution was framed, we will not take them second-hand from our Chief-Justice : we will let the men of that day speak for themselves. How will our • American magistrate sink, when arraigned, as he will be, before the tribunal of humanity ! How terrible will be the verdict against him, when he is put in comparison with Washington's political teacher, the great Montesquieu, the enlightened magistrate of France, in what are es- teemed the worst days of her monarchy ! The argu- ment from the difference of race Avhich Taney .thrusts forward with passionate confidence, as a proof of complete disqualification, is brought forward by Montesquieu as a scathing satire on all the brood of despots who were supposed to uphold slavery as tolerable in itself The rights of MANKIND — that precious word which had no equiv- alent in the language of Hindostan, or Judas a, or Greece, or Rome, or any ante-Christian tongue — found their sup- porter in Washington and Hamilton, in Franklin and Livingston, in Otis, George Mason, and Gadsden ; in all the greatest men of our early history. The one rule from which the makers of our first Confederacy, and then of our national Constitution, never swerved, is this: to fix no constitutional disability on any one. Whatever might stand in the way of any man, from opinion, ancestry, weak- THE SOUTH FORMERLY OPPOSED TO SLAVERY. 15 ness of mind, inferiority or inconvenience of anv kind, was George If !• -I • , T (> 1 • " rni Bancroft. itselt not lormed into a permanent disiranchisement. ilie Constitution of the United States was made under the recognized influence of ' the eternal rule of order and right ; ' so that, as far as its jurisdiction extends, it raised at once the numerous class who had been chattels into the condition of persons: it neither originates nor perpetuates inequality." — Puljnt and Bostrum, 1862, pp. 104-107. In refutation of the common charge, that the North has changed its position on the subject of slavery, I cannot forbear adding an extract from the " Address of the Hon. Edward Everett, delivered in New York, on the -ith of July, 1861." In his own matchless manner, Mr. Everett thus disposes of the whole matter : — "The Southern theory assumes, that, at the time of the Edward adoption of the Constitution, the same antagonism prevailed as now between the North and South, on the general sub- ject of slavery ; that although it existed, to some extent, in all the States but one of the Union, it was a feeble and declining interest at the North, and mainly seated at the South; that the soil and climate of the North were soon found to be unpropitious to slave labor, while the reverse was the case at the South ; that the Northern States, in consequence, having from interested motives abolished sla- very, sold their slaves to the South ; and that then, although the existence of slavery was recognized, and its protection guarantied, by the Constitution, as soon as the Northern States had acquired a controlling voice in Congress, a per- sistent and organized system of hostile measures against the rights of the owners of slaves in the Southern States was inaugurated, and gradually extended, in violation of the compromises of the Constitution, as well as of the honor IG HISTORICAL RESEARCH. Edward and ffood faith tacitly pledged to the South by the manner Everett. . ^. ^ _ i o j in which the North disposed of her slaves. " Such, in substance, is the statement of Mr. Davis, in his late message ; and he then proceeds, seemingly as if rehearsing the acts of this Northern majority in Congress? to refer to the anti-slavery measures of the State Legisla. tures, to the resolutions of abolition societies, to the passion- ate appeals of the party press, and to the acts of lawless individuals, during the progress of this unhappy agita- tion. " Now, this entire view of the subject, with Avhatever boldness it is affirmed, and with whatever persistency it is repeated, is destitute of foundation. It is demonstrably at war with the truth of history, and is contradicted by facts known to those now on the stage, or which are mat- ters of recent record. At the time of the adoption of the Constitution, and long afterwards, there was, generally speaking, no sectional difference of opinion between North and South, on the subject of slavery. It was in both parts of the country regarded, in the established formula of the day, as ' a social, political, and moral evil.' The general feeling in favor of universal liberty and the rights of man, wrought into fervor in the progress of the Revolution, nat- urally strengthened the anti-slavery sentiment throughout the Union. It is the South ivhich has since changed, not the North. The theory of a change in the Northern mind, growing out of a discovery made soon after 1789, that our soil and climate were unpropitious to slavery (as if the soil and climate then were different from what they had always been), and a consequent sale to the South of the slaves of the North, is purely mythical, — as groundless in fact as it is absurd in statement. I have often asked for the evidence of this last allegation, and I have never found an individual who attempted even to prove it. But how- ever this may be, the South at that time regarded slavery as an evil, though a necessary one, and habitually spoke of THE SOUTH FORMERLY OPPOSED TO SLAVERY. 17 it in that lio-bt. Its continued existence was supposed to Edward ^ . . '^ '^ Everett. depend on keeping up the African slave-trade ; and South as well as North, Virginia as well as Massachusetts, passed laws to prohibit that traffic : they were, however, before the Revolution, vetoed by the Royal Governors. One of the first acts of the Continental Congress, unanimously subscribed by its members, was an agreement neither to import, nor purchase any slave imported, after the first of December, 1774. In the Declaration of Independence, as originally draughted by Mr. Jefferson, both slavery and the slave-trade were denounced in the most uncompromising language. In 1777, the traffic was forbidden in Virginia, by State law, no longer subject to the veto of Royal Gover- nors. In 1781, an ordinance was reported by Mr. Jeffer- son to the old Congress, providing that after 1800 there should be no slavery in any Territory ceded or to be ceded to the United States. The ordinance failed at tliat time to be enacted ; but the same prohibition formed a part, by general consent, of the ordinance of 1787 for the organiza- tion of the North-western Territory. In his ' Notes on Vir- ginia,' published in that year, Mr. Jefferson depicted the evils of slavery in terms of fearful import. In the same year, the Constitution was framed. It recognized the ex- istence of slavery; but the word was carefully excluded from the instrument, and Congress was authorized to abol- ish the traffic in twenty years. In 1796, Mr. St. George Tucker, law-professor in William and Mary College, in Virginia, published a treatise entitled ' A Dissertation on Slavery, with a Proposal for the Gradual Abolition of it in the State of Virginia.' In the preface to the essay, he speaks of the ' abolition of slavery in this State as an ob- ject of the first importance, not only to our moral character and domestic peace, but even to our political salvation.' In 1797, Mr. Pinkney, in the Legislature of Maryland, maintained, that, ' by the eternal principles of justice, no man in the State has a right to hold his slave a single 18 HISTORICAL RESEAECH. Edward hour.' In 1803, Mr. John Eanclolph, from a committee on Everett. _ ' ... the subject, reported that the prohibition of slavery by the ordinance of 1787 was ' a measure wisely calculated to promote the happiness and prosperity of the North-western States, and to give strength and security to that extensive frontier.' Under Mr. Jefierson, the importation of slaves into the territories of Mississippi and Louisiana was pro- hibited in advance of the time limited by the Constitution for the interdiction of the slave-trade. When the Missouri restriction was enacted, all the members of Mr. Monroe's Cabinet — Mr. Crawford of Georgia, Mr. Calhoun of South Carolina, and Mr. Wirt of Virginia — concurred with Mr. Monroe in afiirming its constitutionality. In 1832, after the Southampton massacre, the evils of slavery were ex- posed in the Legislature of Virginia, and the expediency of its gradual abolition maintained, in terms as decided as were ever employed by the most uncompromising agitator. A bill for that object was introduced into the Assembly by the grandson of Mr. Jefferson, and warmly supported by distinguished politicians now on the stage. Nay, we have the recent admission of the Vice-President of the seceding Confederacy, that what he calls ' the errors of the past generation,' meaning the anti-slavery sentiments enter- tained by Southern statesmen, * still clung to many as late as twenty years ago.' " — pp. 31-33. These extracts from the recorded opmions of the learned associates of the Chief- Justice, the eminent Historian, and the illustrious Statesman and Orator, would seem to furnish a complete refutation of the charges brought against the North for having changed its policy or action, and violated some expressed or implied agreement respecting the supposed sacred and paramount rights of slavery. THE DECLAEATION OF INDEPENDENCE. 19 But, as historical inquirers, we should not impli- citly receive the opinions or assertions of any author, however eminent in position or however impartial in judgment and truthful in statement he may be re- garded, without referring to the original records, and comparing the contemporary authorities. It is my purpose to do this, to some extent, at the present time. The primal American Mama Charta, by which the Deciara- ^ , '^ •; tion of Founders of the Republic asserted the risjht of the independ- people to form a constitution and government of their own, was proclaimed on the 4th of July, 1776. Its language is clear and explicit. The authors were men of sense and of learning. They knew the mean- ing of the words they used. Was it for " glittering generalities " that they pledged their lives, their for- tunes, and their sacred honor, or did thev re^^ard the sentiments of that immortal document as solemn veri- ties ? In those times which tried men's souls, were they guilty of attempting to amuse the fancy by a rhetorical flourish, or, what is worse, to delude their fellow-citizens by the merest cant, or did they in- tend deliberately and reverently to publish to the world their Political Confession of Faith, and to en- deavor to show that faith by their works "? Happily for us and for the fair fame of those patri- ots, they have left, in the record of their actions and in their published correspondence, the clearest and most comprehensive commentary on the instrument they signed. 20 HISTORICAL RESEARCH. fion'or "^^^ ^^'^^ article in the National Creed is so broad c,'ice!'°"'^ and universal in its sentiments, that attempts have often been made to narrow its meaning, and limit its application : — '' We hold these truths to be self-evident : that all men are created equal ; that they are endowed bj their Creator with certain unalienable Rights ; that among these are Life, Liberty, and the pursuit of Happiness ; that, to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed." It has been truly said by Mr. Bancroft, " The heart of Jefferson in writing the Declaration, and of Con- gress in adopting it, beat for all humanity : the asser- tion of right was made for all mankind and all coming generations, without any exception whatever ; for the proposition which admits of exceptions can never be self-evident." The author, it is said, could never have intended to have this language received in its literal signifi- cance, for then it would have included in the Decla- ration persons of African descent ; while, at the time of the writing of this document, negro slavery existed in the Colonies, and the author of the paper was him- self a slave-holder. Did Mr. Jefferson intend to con- demn his own conduct, and that of his associates, by announcing doctrines at variance with their lives ] In Christian morals, the first step towards reforma- tion is a conviction of sin ; and the second is con- fession, and promise of amendment. The patriots and sages who framed our form of government, in CAPACITY AND EIGHTS OF NEGROES. 21 declaring their principles as political philosophers, acted in like manner. Thev did not i2:nore the fact, that colored men were held in bondage. They did not attempt to conceal, mnch less to justify, the offence. As, in the popular religious creed of their day, all men, through Adam, had fallen from inno- cence, and were guilty ; so they felt, that, by the act of their ancestors, thev were themselves then actiii"; in violation of the natural and immutable laws of politi- cal justice. It should be borne in mind, that the Declaration of Independence is not an ethnological essay, or a dis- quisition on the physical or intellectual capacity of the various races of men, but a grave announcement of Human Rights. Mr. Jefferson, in his " Notes on Virginia," has given very fully his views of the physical, moral, and mental capacities of negroes. " The opinion that they are inferior in the faculties ofTiiomas reason and imagination must be hazarded with great diffi- dence. To justify a general conclusion, requires many ob- servations, even where the subject may be submitted to tlie anatomical knife, to optical glasses, to analysis by fire or by solvents. How much more, then, where it is a faculty, not a substance, we are examining; where it eludes the research of all the senses ; where the conditions of its existence are various, and variously combined ; where the effects of those which are present or absent bid defiance to calculation ; let me add, too, as a circumstance of great tenderness, where our conclusion would degrade a whole race of men from the rank in the scale of beings which 22 HISTORICAL EESEARCH. Tiiomas their Creator may perhaps liave given them ! To our re- JGIIGrSOIl* , t ' t ^ t 1 n proach it must be said, that, though for a century and a half we have had under our eyes the races of black and of red men, they have never yet been viewed by us as subjects of natural history. I advance it, therefore, as a suspicion only, that the blacks, whether originally a distinct race, or made distinct by time and circumstances, are inferior to the whites in the endowments both of body and mind." — Jeffersoii's Works, vol. viii. p. 386. Alluding to these opinions several years after- wards, the author, in a letter addressed to " M. Gre- goire, Eveque et Senateur," says, — '' My doubts were the result of personal observation on the limited sphere of my own State, where the opportuni- ties for the development of their genius were not favorable, and those of exercising it still less so. I expressed them, therefore, with great hesitation ; hut, whatever he their de- gree of talent, it is no measure of their rights. Because Sir Isaac Newton was superior to others in understanding, he was not, therefore, lord of the person or property of others. On this subject they are gaining daily in the opinions of nations, and hopeful advances are making towards their re-establishment on an equal footing with the other colors of the human family. I pray you, therefore, to ac- cept my thanks for the many instances you have enabled me to observe of respectable intelligence in that race of men, which cannot fail to have eifect in hastening the day of their relief." — Jefferson''s Works, vol. v. p. 429. How slavery was regarded at the time is clearly stated in the instructions prepared by Mr. Jefferson for the first delegation of Virginia to Congress, in August, 1774, and printed in a pamphlet form, under THE ABOLITION OF SLAVEEY DESIRED. 23 the title of "A Summary View of the Rights of Thomas Jefferson. British America." I have ItaUcized a few hnes as worthy of particidar attention : — " For the most trifling reasons, and sometimes for no con- ceivable reason at all, his Majesty has rejected laws of the most salutary tendency. The abolition of domestic slavery is the great object of desire in those Colonies, where it was, unhappily, introduced in their infant state. But, previous to the enfranchisement of the slaves we have, it is neces. sary to exclude all further importations from Africa. Yet our repeated attempts to effect this by proliibitions, and by imposing duties which might amount to a prohibition, have been hitherto defeated by his Majesty's negative ; thus preferring the immediate advantages of a few British corsairs to the lasting interests of the American States, and to the rights of human nature, deeply wounded by this infamous practice." — Jefferson's Word's, vol. i. p. 135. It is well known that some passages in the original draught of the Declaration of Independence were omitted when the paper was finally adopted by Con- gress. One of these passages shows so strikingly the feelings of the author on this subject, that it may Avell be cited here : — '' He has waged cruel war against human nature itself, Passnore ... . T-iPTf iTi • omitted violatmg its most sacred rights of life and liberty m the from the persons of a distant people who never offended him ; capti- tionof*^' vating and carrying them into slavery in another hemi- ence^*^"*^" sphere, or to incur miserable death in their transportation thither. This piratical warfare, the opprobrium of Infidel powers, is the warfare of the Christian king of Great Brit- ain. Determined to keep open a market where men should be bought and sold, he has prostituted his negative for ence 24 HISTORICAL RESEARCH. Passage suppressing every legislative attempt to prohibit or to re- from the Strain this execrable commerce. And, that this assemblage tionof'^' of horrors might want no fact of distinguished die, he is p.nce^^"*^' ^^^ exciting those very people to rise in arms among us, and to purchase that liberty of which he has deprived them, by murdering the people on wliom he also obtrud- ed them ; thus paying oflf former crimes committed against the liberties of one people with crimes which he urges them to commit against the lives of another." — Jeffersoii's Works, vol. i. pp. 23, 24. John Adams, who was associated with Jefferson on the sub-committee for framing the Declaration, thus expresses his feelings on seeing Mr. Jefferson's first draught : " I was delighted with its high tone, and the flights of oratory with which it abounded, espe- cially that concerning negro slavery ; which, though I knew his Southern brethren would never suffer to pass in Congress, I certainly would never oppose." — Works, ii. 514. The foresight of Mr. Adams, concerning the re- jection of the passage relating to slavery, was not founded on a belief that the sentiments contained in it were at variance with the general views of the people both at the South and at the North (for the history of the times is full of evidence to the contrary), but from his knowledge that a few bold and persever- ing pro-slavery men would be able then — as they have been ever since — to induce timid and time-serving, and even honest but less strong-willed, public ser- vants, to concede to them, for the sake of peace and harmony, all they demanded. DECLARATION OF INDEPENDENCE. 25 Lord ]Malion asserts that the rejected clause, " it was ^li^-s found, woukl displease the Southern Colonies, who ®"°'^' had never sought to prohibit the importation of slaves, but, on the contrary, desired to continue it." Our worthy Corresponding Member, the Hon. Peter Force, of Washington, (in two communications to the "National Intelligencer," January 16 and 18, 1855, — republished in London in the form of a pamphlet,) has completely refuted this error ; and has produced abundant evidence that the " Southern Colonies, jointly with all the others, and separately each for itself, did agree to prohibit the importation of slaves, voluntarily and in good faith." He calls attention to the Continental Association, adopted and signed by all the members of the Congress on the 20th of Oc- tober, 1774. " The second Article of the Association is in these words : — " ' That we will neither import nor purchase any slave Continental imported after the first day of December next ; after which tion. we will whollv discontinue the slave-trade, and will neither be concerned in it ourselves, nor will we hire our vessels nor sell our commodities or manufactures to those who are concerned in it.' " This was signed by all the Delegates of the twelve Colonies represented in it. . . . " As Georgia was not represented in the Congress of 1774, the Association could have no signatures from that Colony. But the people of Georgia, as soon as they could speak by their Representatives, 4 26 HISTORICAL RESEARCH. expressed themselves as distinctly on this point as any of their brethren of the Southern Colonies. The following are among the resolutions adopted by the Provincial Congress of Georgia, on Thursday, July 6, no : — Provincial " ^ 1. Besolved, That this Cono-ress will adopt, and carry Congress . . . ° ■*■ ' -' of Georgia, into execution, all and singular the measures and recom- mendations of the late Continental Congress. '' ' 4. Resolved^ That we will neither import or purchase any slave imported from Africa or elsewhere after this day.' " The Continental Association was also adopted by the Maryland Convention on the 8th of December, 1774; by the South-Carolina Provincial Congress on the 11th of January, 1775 ; by the Virginia Conven- tion on the 22d of March, 1775 ; and by the North- Carolina Provincial Congress on the 2od of August, 1775. The Assembly of Delaware, on the 25th of March, 1775, passed a bill to prohibit the importation of slaves into that Government ; but this was returned by the governor, John Penn, who refused to give it his assent. " Thus the Southern Colonies, as far as was possi- ble, besides giving their assent to the Association of the Congress by the signatures of their delegates to that compact, each, in their several Congresses and Conventions, separately expressed their approval of it, and their determination to support it." The articles of the Continental Association were not allowed to remain a dead letter. The enforcement of NO DEALINGS WITH SLAVE-TRADERS. 27 the rules was intrusted to committees in the several Colonies. The action of one of these committees, in the case of the violation of the second article by Mr. John Brown, a merchant of Norfolk, in Virginia, is seen in the following address : — li I jQ rpfjg FREEMEN OF VIRGINIA : '"Committee Chamber, Norfolk, March 6, 1775. " ' Trustino; to vour sure resentment ag-ainst the enemies Continental Q •/ o Associa- of your countr}^, we, the committee, elected by ballot for tion. the Borough of Norfolk, hold up for your just indignation Mr. John Brown, merchant of this place. " ' On Thursday, the 2d of March, this committee were informed of the arrival of the brig Fanny, Capt. Watson, with a number of slaves for Mr. Brown ; and, upon inquiry, it appeared they were shipped from Jamaica as his prop- erty, and on his account ; that he had taken great pains to conceal their arrival from the knowledge of the committee ; and that the shipper of the slaves, Mr. Brown's correspond- ent, and the captain of the vessel, were all fully apprised of the Continental prohibition against that article. " ' From the whole of this transaction, therefore, we, the committee for Norfolk Borough, do give it as our unani- mous opinion, that the said John Brown has wilfully and perversely violated the Continental Association, to which he had with his own hand subscribed obedience ; and that, agreeable to the eleventh article, we are bound forthwith to publish the truth of the case, to the end that all such foes to the rights of British America may be publicly known and universally contemned as the enemies of Ameri- can liberty, and that every person may henceforth break olf all dealino-s with him.' •o^ " This decision of the Norfolk Committee," con- tinues Mr. Force, " on the importation of the slaves by 28 HISTORICAL RESEAECH. lf\'^ , Mr. Brown, in violation of the Continental Association, Million's ' ' ®""°^" told the whole story as to who were, and who were not, in favor of continuing it. The importers of the negroes were the supporters of the Crown ; the im- portation was opposed hy the friends of the Colo- nies." — Notes on Lord Mahon's History of the Ameri- can Declaration of Independence, pp. -43-46. Lord Mahon's error arose from applying to " the Southern Colonies " in general the remarks of Mr. Jefferson ("Writings," vol. i. p. 19) relating to the delegates from South Carolina and Georgia. In the same passage in which these Colonies are mentioned with discredit, the pro-slavery men at the North, whose mercenary spirit was to be met, are equally censured. Still, there cannot be any doubt that the prevailing sentiment of the 2^^ople at the South, as well as at the North, was decidedly opposed to slavery. The evil was almost universally regarded as tempo- rary, and no one openly advocated its perpetuation. Before passing from the consideration of the Decla- ration of Independence, let us look, for a moment, at the practical interpretation of its language, as fur- nished by the early legislation of some of the States. The declaration that all men are born equal, and that they possess the unalienable right of liberty, was re-affirmed by several of the States, and adopted as a part of their Constitutions. The action of our own Commonwealth, in this respect, was clearly shown by the Rev. Dr. Belknap, the founder of our Society, in his " Answers to Queries respecting Slavery," pro- MASSACHUSETTS ABOLISHES SLAVERY. 29 posed to him by the Hon. Judge Tucker of Virginia, January 2'ith, 1795. " The present Constitution of Massachusetts was esta- Rev. Dr. Wished in 1780. The first article of the Declaration of °'^^" Eights asserts that 'all men are born free and equal.' This was inserted not merely as a moral or political truth, but with a particular view to establish the liberation of the negroes on a general principle ; and so it was understood by the people at large ; but some doubted whether this were sufficient. " Many of the blacks, taking advantage of the public opinion and of this general assertion in the Bill of Rights, asked their freedom, and obtained it. Others took it with- out leave. Some of the aged and infirm thought it most prudent to continue in the families where they had always been well used, and experience has proved that they acted right. ''In 1781, at the Court in Worcester County, an indictment was found against a white man for assaulting, beating, and imprisoning a black. He was tried at the Supreme Judi- cial Court in 1783. His defence was, that the black was his slave ; and that the beating, &c. was the necessary restraint and correction of the master. This was answered by citing the aforesaid clause in the Declaration of Rights. The judges and jury were of opinion, that he had no right to beat or imprison the negro. He was found guilty, and fined forty shillings. This decision was a mortal Avound to slavery in Massachusetts." — Mass. Hist. Coll., First Series, vol. iv. p. 203. The Hon. Emory Washburn, in his admirable pa- per on the " Extinction of Slavery in Massachusetts," communicated to our Society at the regular meeting in May, 1857, and published in the Proceedings for that year, gives a pretty full account of this trial. 30 HISTORICAL RESEARCH. Bj'ef The brief used by Mr. Lincohi, the counsel for the of Mr. •' Lincoln, negi'o, was placed in the hands of Mr. Washburn by the son of the eminent counsellor, our venerable and respected associate, the Hon. Levi Lincoln of Wor- cester, for many years Governor of this Common- wealth. Every word of it, and of the whole paper of Mr. Washburn, ought to be carefully read and pondered at the present time. A few extracts will give some idea of the character of the arguments so effectively used at that period, when the authors of the Declaration of Independence and tli^e founders of the Republic were still struggling to establish our Government on the firm basis of equal and eternal justice. A solemn appeal to the " higher law " was not, in those days, denounced as moral or political heresy. "When a fellow-subject is restrained of his liberty, it is an attack upon every other subject ; and every one has a right to aid him in regaining his liberty. '' What, in this respect, are to be the consequences of your verdict ? Will it not be tidings of great joy to this community ? It is virtually opening the prison-doors, and letting the oppressed go free ! " Could they expect to triumph in their struggle with Great Britain, and become free themselves, until they let those go free who were under them ? Were they not act- ing like Pharaoh and the Egyptians, if they refused to set these free ? " But the plaintiff insists that it is not true, as stated in the Constitution, that all men are born free ; for children are born and placed under the power and control of their parents. SLAVE TRIAL IN MASSACHUSETTS. 31 " This may be. But they are not born as slaves : they Bnef are under the power of their parents, to be nursed and Lincoln. nurtured and educated for their good. " And the black child is born as much a free child in this sense as if it were white. " In making out that negroes are the property of their masters, the counsel for the plaintiff speak of lineage, and contend that the children of slaves must be slaves in the same w^ay that, because our first parents fell, we all fell with them. " But are not all mankind born in the same way ? Are not their bodies clothed with the same kind of flesh ? Was not the same breath of life breathed into all? We are under the same gospel dispensation, have one common Sa- viour, inhabit the same globe, die in the same manner; and though the white man may have his body wrapped in fine linen, and his attire may be a little more decorated, there all distinction of man's making ends. We all sleep on the same level in the dust. We shall all be raised by the sound of one common trump, calHng unto all that are in their graves, without distinction, to arise ; shall be arraigned at one common bar; shall have one common Judge, and be tried by one common jury, and condemned or acquitted by one common law, — by the gospel, the perfect law of li- berty. " This cause will then be tried again, and your verdict will there be tried. Therefore, gentlemen o^ the jury, let me conjure you to give such a verdict now as will stand this test, and be approved by your own minds in the last moments of your existence, and by your Judge at the last day. '' It will then be tried by the laws of reason and revela- tion. " Is it not a law of nature, that all men are equal and free? 32 HISTORICAL RESEARCH. Brief '' Ig not the law of nature the law of God ? Lincoln. " Is not the law of God, then, against slavery ? " If there is no law of man establishing it, there is no diiEculty. If there is, then the great difficulty is to deter- mine which law you ought to obey ; and, if you shall have the same ideas as I have of present and future things, you will obey the former. " The worst that can happen to you for disobeying the former is the destruction of the body ; for the last, that of your souls." — Proceedings of the Mass. Hist. Soc, 1855-58, pp. 198-201. Other contemporary documents might be cited to show how such language as that used in the Declara- tion of Independence was interpreted by the legisla- tive and legal action of the day. I will only give the first article in the Constitution of Vermont : — Constitu- ii ^\i men are born equally free and independent, and Vermont, have certain natural, inherent, and inalienable rights ; among which are the enjoying and defending life and lib- erty ; acquiring, possessing, and protecting property; and pursuing and obtaining happiness and safety : therefore no male person, born in this country or brought from over sea, ought to be holden by law to serve any person as a servant, slave, or apprentice, after he arrives to the age of twenty- one years ; nor female, in like manner, after she arrives to the age of eighteen years ; unless they are bound by their own consent after they arrive to such age, or bound by the law for the payment of debts, damages, fines, costs, or the hke." The Articles of Confederation — which constituted the Law of the Land from the time of their passage in 1778 to the adoption of the Federal Constitution — recognized and granted to free negroes the same ARTICLES OF CONFEDERATION. 33 privileges of citizenship which belonged to white in- habitants. The fourth article is as follows : — " Art. 4. — The better to secure and perpetuate mutual Free friendship and intercourse among the people of the differ- regarded as ent States in this Union, the free inhabitants of each of *^"^'^®"^' these States — paupers, vagabonds, and fugitives from justice excepted — shall be entitled to all privileges and immunities of free citizens in the several States ; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants there- of, respectively ; provided that such restrictions shall not extend so far as to prevent the removal of property im- ported into any State from any other State, of which the owner is an inhabitant ; provided, also, that no imposition, duty, or restriction, shall be laid by any State on the pro- perty of the United States, or either of them." — ElUoVs Debates, vol. i. p. 79. It was not by accident or oversight that negroes were included in the phrase " free inhabitants " ; for, when this article was under consideration, the delegates from South Carolina moved to amend, by inserting between the words " free " and " inhabit- ants " the word " white'' The proposed amendment was lost ; only tivo States voting in the affirmative. In the ninth article, the w^ord "white" was re- tained. The State of New Jersey, although a slave- holding State, objected to this, and made a repre- sentation to Congress on the subject ; an extract from which is pertinent here : — 5 34 HISTOEICAL RESEARCH. obiecfs'to^ " ^^^^ ninth article also provides that the requisition the omis- for the land forces, to be furnished by the several States, sion of . .... negroes. shall be proportioned to the number of white inhabitants in each. In the act of Independence, we find the following declaration : ' We hold these truths to be self evident : that all men are created equal ; that they are endued by their Creator with certain unalienable rights, among which are life, liberty, and the pursuit of happiness.' Of this doctrine it is not a very remote consequence, that all the inhabitants of every society, be the color of their complexion what it may, are bound to promote the interest thereof, according to their respective abilities. They ought, therefore, to be brought into the account, on this occasion. But admitting necessity or expediency to justify the refusal of liberty, in certain circumstances, to persons of a particular color, we think it unequal to reckon upon such in this case. Should it be improper, for special local reasons, to admit them in arms for the defence of the nation, yet we conceive the proportion of forces to be embodied ought to be fixed ac- cording to the whole number of inhabitants in the State, from whatever class they may be raised. If the whole number of inhabitants in a State, whose inhabitants are all whites, both those who are called into the field and those who remain to till the ground and labor in mechanical arts and otherwise, are reckoned in the estimate for striking the proportion offerees to be furnished by that State, ought even a part of the latter description to be left out in an- other? As it is of indispensable necessity, in every war, that a part of the inhabitants be employed for the uses of husbandry and otherwise at home, while others are called into the field, there must be tlie same propriety that own- ers of a different color, who are employed for this purpose in one State, while whites are employed for the same pur- pose in another, be reckoned in the account of the inhabit- ants in the present instance." — Elliofs Debates, vol. i. p. 89. PRINCIPLES OP THE REVOLUTIONARY PATRIOTS. 35 ons of the Founders The opinions of the founders of the Republic re- ^^p™ specting the shivery and the citizenship of negroes, oniie ^g as expressed in some of the most important of their ^^ public acts, from the commencement to the close of their struggle for National Independence, and during the period of the Confederation, may be gathered from the documents already cited. They had pro- claimed to the world the Universal Magna Charta which the Creator and Governor of men had granted to his subjects. This charter of natural and unalien- able rights had been timidly read and faintly spoken, by now and then a friend of liberty, in earlier times. Our patriot Fathers were the first boldly to publish it to " mankind " ; to adopt these " self-evident truths " as their National Creed ; and, " appealing to the Su- preme Judge of the universe for the rectitude of their intentions," to announce their solemn purpose of es- tablishing a Government, with these principles for its chief corner-stone. With such principles and motives to stimulate their patriotism and nerve their courage, they could not fail. The mighty power of the mother-country was impotent when wielded against the cause of Liberty. The Independence of the United States was acknowl- edged by Great Britain, and we took our place among the nations of the earth. The Articles of Confederation served their purpose during the war, but were found inadequate to the growing wants of the Government. A Convention was accordingly called, to meet in Philadelphia on 36 HISTORICAL RESEARCH. the second Monday in May in 1787, to frame a Con- stitution. Before considering particularly the language of the Constitution, "the palladium of our liberties," let us look for a moment at some of the men to whom was intrusted this important work, and see with what minds they came to the performance of the duty assigned them. Among the delegates, we find the names of George Washington of Virginia, and Benjamin Franklin of Pennsylvania. The former was unanimously elected President of the Convention. Dr. Franklin was the only man who could have been thought of as a com- petitor for the place. He was to have made the nomination of Washington : but, owing to the state of the weather and of his health, he was confined to his house ; and his colleague, Robert Morris, in be- half of the delegation from Pennsylvania, proposed " George Washington, Esq., late Commander-in-chief," for President of the Convention. The character and position of these two pre-eminent patriots, from diff"erent States, one a slave-holder and the other not, give the greatest weight to their opin- ions. They have both left distinct records of their views on the subject of slavery. Though, by inheritance and other circumstances entirely beyond his control, Washington found himself a slave-holder, yet he never defended the institution of slavery, or desired its perpetuity. On the contrary, we find, that, before he had drawn his sword in defence Washington's opinions on slavery. 37 of the independence of his country, he had uttered his testimony against slavery in the fullest manner ; and, through his whole life, his desire to clear himself and his country from the foul blot was sincere and constant. It had become quite common, durins^ the year pre- Fairfax ^ ' & J 1 Comity Re- ceding the commencement of hostilities between the *°^^®^- colonists and the mother-country, for the people to meet in their respective counties or towns, to express, through addresses and resolutions, their sentiments and views respecting the condition of affairs. Such a meeting was held on the 18th of July, 1774, at the Fairfax County Court House, in Virginia ; and a series of twenty-four resolutions, prepared by a Com- mittee of which Washington was chairman, was adopted. Three of these resolves are here given : — " 17. Resolved^ That it is the opinion of this meeting, that, during our present difficulties and distress, no slaves ought to be imported into any of the British colonies on this continent ; and we take this opportunity of declaring our most earnest wishes to see an entire stop for ever put to such a Avicked, cruel, and un- natural trade. "21. Resolved, That it is the opinion of this meeting, that this and the other associating colonies should break off all trade, intercourse, and dealings with that colony, province, or town, which shall decline, or refuse to agree to, the plan which shall be adopted by the General Congress. " 24. Resolved, That George Washington and Charles Broad- water, lately elected our representatives to serve in the General Assembly, be appointed to attend the Convention at Williamsburg on the first day of August next, and present these resolves, as the 38 HISTORICAL RESEARCH. Fairfiix sense of the people of tliis county upon the measures proper Coiintv 11-1 1 • IT • • r- Resolves, to be taken in the present alarming and dangerous situation oi America." Respecting these resolutions, Mr. Sparks observes: " The draught, from which the resolves are printed, I find among Washington's papers, in the liandwriting of George Mason, by whom they were probably drawn up ; yet, as they were adopted by the Committee of which Washington was chairman, and reported by him as modera- tor of the meeting, they may be presumed to express his opinions, formed on a perfect knowledge of the subject, and after cool deliberation. This may indeed be inferred from his letter to Mr. Bryan Fairfax, in which he intimates a doubt only as to the article favoring the idea of a further petition to the king. He was opposed to such a step, believing enough had been done in this way already ; but he yielded the point in tenderness to the more wavering resolution of his associates. " These resolves are framed with much care and ability, and exhibit the question then at issue, and the state of public feeling, in a manner so clear and forcible as to give them a special claim to a place in the present work, in addition to the circumstance of their being the matured views of Washington at the outset of the great Revolution- ary struggle, in which he was to act so conspicuous a part. " Such were the opinions of Washington, and his asso- ciates in Virginia, at the beginning of the Revolutionary contest. The seventeenth resolve merits attention, from the pointed manner in which it condemns the slave-trade." — Sj^arks^s Washington, voL ii. pp. 488, 494j 495. Washington not only condemned the slave-trade, but expressed in the most decided terms his disap- probation of domestic slavery. He discountenanced Washington's opinions on slaveey. 39 the interference of non-slaveholders in attempting to liberate slaves without the consent of their masters ; but at the same time, in a letter on the subject to Robert Morris, 12th April, 1786, he was careful to add: — " I hope it will not be conceived from these observations that it is my wish to hold the unhappy people, who are the subject of this letter, in slavery. I can only say, that there is not a man living- who wishes more sincerely than I do to see some plan adopted for the abolition of it : but there is only one proper and effectual mode by which this can be accomplished, and that is by legislative authority ; and this, as far as my suffrage will go, shall never be wanting." — Sparks^s Washington, vol. ix. p. 159. On the 9th of September of this same year, Washing- ton wrote to Mr. John F. Mercer, of Maryland : — " I never mean, unless some particular circumstance should compel me to it, to possess another slave by pur- chase ; it being among my first wishes to see some plan adopted by which slavery in this country may be abolished by law." — Ibid. That Washington believed his wishes with regard to the abolition of slavery would at no distant day be realized, is evident from a letter to Sir John Sin- clair, 11th December, 1796 : — " The present prices of lands in Pennsylvania are higher than they are in Maryland and Virginia, although they are not of superior quality ; [among other reasons] because there are laws here for the gradual abolition of slavery, which neither of the two States above mentioned have at present, but which nothing is more certain than they must have, and at a period not remote." — SparWs Wash- ington, vol. xii. p. 326. 40 HISTORICAL RESEARCH. Lafayette, the bosom friend, who shared so fully the confidence and sympathy of Washington, was in frequent correspondence with him on the subject of slavery. No sooner had hostilities ceased, than he set about devising some practical plan for ridding the country, which his valor had helped to free from the yoke of British oppression, of an evil which he declared to be " a crime much blacker than any African face." The 5th of February, 1783, Lafayette writes: — Lafayette. " Now, my dear General, that you are going to enjoy some ease and quiet, permit me to propose a plan to you, which might become greatly beneficial to the black part of mankind. Let us unite in purchasing a small estate, where we may try the experiment to free the negroes, and use them only as tenants. Such an example as yours might render it a general practice ; and, if we succeed in America, I will cheerfully devote a part of my time to render the method fashionable in the West Indies. If it be a wild scheme, I had rather be mad in this way, than to be thought wise in the other task." — Correspondence of the American Bevolution, vol. iii. pp. 547. To this letter, Washington replies, April 5th, 1783: — Washing- '' The schcme, my dear Marquis, which you propose as a precedent to encourage the emancipation of the black people in this country from that state of bondage in which they are held, is a striking evidence of the benevolence of your heart. I shall be happy to join you in so laudable a work, but will defer going into a detail of the business till I have the pleasure of seeing you." — Sparks^s Washington, vol. viii. pp. 414, 415. ton. WASHINGTON AND LAFAYETTE. 41 Three years later, and after Lafayette had put his plan into practice, Washington wrote to him in a tone of mingled approval of what he had done, and despondency as to any immediate action on the sub- ject in this country : — "Mount Vernon, 10th May, 1786. • • • • • " The benevolence of your heart, my dear Marquis, is Washing- so conspicuous upon all occasions, that I never wonder^""' at any fresh proofs of it; but your late purchase of an estate in the colony of Cayenne, with a view of emanci- pating the slaves on it, is a generous and noble proof of your humanity. Would to God a like spirit might diffuse itself generally into the minds of the people of this coun- try ! But I despair of seeing it. Some petitions were presented to the Assembly, at its last session, for the aboli- tion of slavery ; but they could scarcely obtain a reading. To set the slaves afloat at once, would, I really believe, be productive of much inconvenience and mischief; but by degrees it certainly might, and assuredly ought to be effected, and that, too, by legislative authority." — Sparks's Washington, vol. ix. pp. 163, 164. The following note on this subject is added by Mr. Sparks : — '' In a remarkable and very interesting letter, written Lafayette. by Lafayette in the prison of Magdeburg [March 15, 1793, to the Princess d'Henin], he said, ' I know not what disposition has been made of my plantation at Cayenne ; but I hope Madame de Lafayette will take care that the negroes, who cultivate it, shall preserve their liberty.' " To John Adams, also, Lafayette wrote from Paris in 1786: — 6 42 HISTORICAL RESEARCH. Lafayette. " In the caiiSG of mj black brethren, I feel myself warmly interested, and most decidedly side, so far as respects them, against the white part of mankind. "Whatever be the com- plexion of the enslaved, it does not, in my opinion, alter the complexion of the crime which the enslaver commits, — a crime much blacker than any African face. It is to me a matter of great anxiety and concern, to find that this trade is sometimes perpetrated under the flag of liberty, our dear 'and noble strijoes, to which virtue and glory have been constant standard-bearers." — Life and Worlts of John Adams, vol. viii. p. 376. The opinions with regard to slavery which Wash- ington held before the adoption of the Federal Con- stitution were never relinquished. Only two years before he died (as we learn from Mr. Irving, who had the original letter before him), he said, writing to his nephew, Lawrence Lewis, " I wish from my soul that the Legislature of this State could see the policy of a gradual abolition of slavery. It might prevent much future mischief." Washing- " On opening the will which he had handed to Mrs. ton's Will. -pp. 1-, T 1 1 n 1-T1- n 1 1 Washmgton shortly beiore his death, it was found to have, been carefully drawn up by himself in the preceding July ; and, by an act in conformity ivith his whole career, one of its first provisions directed the emancipation of his slaves on the decease of his wife. It had long been his earnest wish, that the slaves held by him in his oivn right should receive their freedom during his life ; but he had found that it would be attended with insuperable difficulties, on account of their intermixture by marriage with the 'dower negroes,' whom it was not in his power to manumit under the tenure by which they were held. '' With provident benignity, he also made provision in WASHINGTON FREES ALL HIS SLAVES. 43 his will for such as were to receive their freedom under Washing- this devise, but who, from age, bodily infirmities, or infoncy, ^''"'' ^^'^'" might be unable to support themselves ; and he expressly forbade, under any pretence whatsoever, the sale or trans- portation out of Virginia, of any slave of Avhom he might die possessed. Though born and educated a slave-holder, this was all in consonance with feelings, sentiments, and principles which he had long entertained." — irw'w^'s WasJi- ingt07i, vol. v. pp. 316, 317. The second item of that long will, coming imme- diately after the bequest to his " dearly beloved wife," is here given : — "/ifern. — Upon the decease of my wife, it is my will and desire that all the slaves whom I hold in my oiun right shall receive their freedom. To emancipate them during her hfe, would, though earnestly wished by me, be attended with such insuperable difficulties, on account of their in- termixture by marriage with the dower negroes, as to excite the most painful sensations, if not disagreeable con- sequences to the latter, while both descriptions are in the occupancy of the same proprietor; it not being in my power, under the tenure by which the dower negroes are held, to manumit them. And whereas, among those who will receive freedom according to this devise, there may be some, who, from old age or bodily infirmities, and others, who, on account of their inflmcy, will be unable to support themselves, it is my will and desire, that all who come under the first and second description shall be comfortably clothed and fed by my heirs while they live ; and that such of the latter description as have no parents living, or, if living, are unable or unwilling to provide for them, shall be bound by the court until they shall arrive at the age of twenty-five years; and in cases where no record can be produced, whereby their ages can be ascertained, the judg- 44 HISTORICAL RESEARCH. Wnshinp;- meiit of the court, upon its own view of the subject, shall ton's Will. ^^ adequate and final. The negroes thus bound, are (by their masters or mistresses) to be taught to read and write, and to be brought up to some useful occupation, agreeably to the laws of the Commonwealth of Virginia providing for the support of orphan and other poor children. And I do hereby expressly forbid the sale or transportation out of the said Commonwealth, of any slave I may die possessed of, under any pretence whatsoever. And I do, moreover, most pointedly and most solemnly enjoin it upon my execu- tors hereafter named, or the survivors of them, to see that tliis clause respecting slaves, and every part thereof, be religiously fulfilled at the epoch at which it is directed to take place, without evasion, neglect, or delay, after the crops which may then be on the ground are harvested, particularly as it respects the aged and infirm ; seeing that a regular and permanent fund be established for their sup- port, as long as there are subjects requiring it ; not trusting to the uncertain provision to be made by individuals. And to my mulatto man, William, calling himself William Lee, I give immediate freedom; or, if he should prefer it (on ac- count of the accidents which have beMlen him, and which have rendered him incapable of walking or of any active employment), to remain in the situation he now^ is, it shall be optional in him to do so: in either case, however, I allow him an annuity of thirty dollars, during his natural life, which shall be independent of the victuals and clothes he has been accustomed to receive, if he chooses the last alternative ; but in full with his freedom, if he prefers the first. And this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the revolutionary war." — Sparks's WasJdngton, vol. xii. pp. 569-570. Franklin. Although slavcry was tolerated in the Colony where he was born, and also where he afterwards FRANKLIN ON SLAVERY. 45 became a resident, Franklin never owned a slave. Franklin. His opinions on the subject agreed substantially with those entertained by Washington ; and, like " the Father of his Country," this great philosopher, pa- triot, and statesman not only denounced negro slavery when struggling for national liberty, but left, among his last legacies to his countrymen, the most emphatic testimony against the institution. In a letter to John Wright of London, he gives an account of the early endeavors of the Friends in this country to abolish slavery ; and, at the same time, expresses incidentally his own views on the sub- ject:— " I wish success to your endeavors for obtainins; an Early abolition of the slave-trade. The epistle from your Yearly ngainst Meeting, for the year 1758, was not tlie ^rst solving of the ^ '^^ '^^' good seed you mention ; for I find, by an old pamphlet in my possession, tliat George Keith, near a hundred years since, wrote a paper against the practice, said to be ' given forth by the appointment of the meeting held by him at Phih'p James's house, in the city of Philadelphia, about the year 1693 '; wherein a strict charge was given to Friends, * that they should set their negroes at liberty, after some reasonable time of service, &c. • • parody on granting their petition r it we cease our cruises against a pro- the Christians, how shall we be furnished with the commod- speech. ities their countries produce, and which are so necessary for us ? If we forbear to make slaves of their people, who, in this hot climate, are to cultivate our lands ? Who are to perform the common labors of our city, and in our families ? Must we not then be our own slaves ? And is there not more compassion and more favor due to us as Mussulmen than to these Christian dogs? We have now above fifty thousand slaves in and near Algiers. This number, if not kept up by fresh supplies, will soon diminish, and be gra- dually annihilated. If we, then, cease taking and plunder- ing the infidel ships, making slaves of the seamen and passengers, our lands will become of no value for want of cultivation ; the rents of houses in the city will sink one- half; and the revenue of government, arising from its share of prizes, be totally destroyed. And for what? To gratify the whims of a whimsical sect, who would have us not only forbear making more slaves, but even manumit those we have. '''But who is to indemnify their masters for the loss? Will the State do it ? Is our treasury sufficient ? Will the Erika do it? Can they do it? Or would they, to do what they think justice to the slaves, do a greater injustice to the owners? And, if we set our slaves free, what is to be done with them ? Few of them •will return to their coun- tries ; they know too well the greater hardships they must there be subject to ; they will not embrace our holy reli- gion ; they will not adopt our manners ; our people will not pollute themselves by intermarrying with them. Must we maintain them as beggars in our streets, or suffer our properties to be the prey of their pillage? For men accus- tomed to slavery will m)t work for a livelihood when not 52 HISTORICAL RESEARCH. Fnmkiin's compelled. Aiicl what is there so pitiable in their present a'pro- condition? Were they not slaves in their own countries? speecif. " ' Are not Spain, Portugal, France, and the Italian States, governed by despots, who hold all their subjects in slavery, without exception? Even England treats its sailors as slaves : for they are, whenever the government pleases, seized, and confined in ships of war; condemned not only to work, but to fight, for small wages, or a mere subsist- ence, not better than our slaves are allowed bv us. Is their condition, then, made worse by their falling into our hands? No: they have only exchanged one slavery for another, and I may say, a better ; for here they are brought into a land where the sun of Islamism gives forth its light, and shines in full splendor; and they have an opportunity of making themselves acquainted with the true doctrine, and thereby saving tlieir immortal souls. Those who remain at home have not that happiness. Sending the slaves home, then, would be sending tliem out of light into darkness. " ' I repeat the question, What is to be done with them ? I have heard it suggested that they may be planted in the Avilderness, Avhere there is plenty of land for them to sub- sist on, and where they may flourish as a free State ; but they are, I doubt, too little disposed to labor without com- pulsion, as well as too ignorant to establish a good govern- ment, and the wild Arabs would soon molest and destroy or again enslave them. While serving us, we take care to provide them with every thing, and they are treated with humanity. The laborers in their own country are, as I am well informed, worse fed, lodged, and clothed. " ' The condition of most of them is, therefore, already mended, and requires no further improvement. Here their lives are in safety. They are not liable to be impressed for soldiers, and forced to cut one another's Christian throats, as in the wars of their own countries. If some of the reli- gious mad bigots, who now tease us with their silly peti- franklin's parody on MR. jackson's speech. 53 tions, have, in a fit of blind zeal, freed their slaves, it was Franklin's . parody on not generosity, it was not liumanity, that moved them to a pro-" the action: it was from the conscious burthen of a load ofspe^ech. sins, and a hope, from the supposed merits of so good a work, to be excused from damnation. *' ' Plow grossly are they mistaken to suppose slavery to be disallowed by the Alcoran ! Are not the two precepts, to quote no more, 'Blasters, treat your slaves loith kindness ; slaves, serve your masters lo'ith cheerfulness and fidelity,^ clear proofs to the contrary ? Nor can the plundering of infidels be in that sacred book forbidden, since it is well known from it that God has given the world, and all that it contains, to his faithful Mussulmen, Avho are to enjoy it of right as fast as they conquer it. Let us, then, hear no more of this detestable proposition, — the manumission of Chris- tian slaves ; the adoption of which would, by depreciating our lands and houses, and thereby depriving so many good citizens of their properties, create universal discontent, and provoke insurrections, to the endangering of govern- ment, and producing general confusion. I have, therefore, no doubt but this wise council will prefer the comfort and happiness of a whole nation of true believers to the whim of a few Erika, and dismiss their petition.' " The result was, as Martin tells us, that the Divan came to this resolution : ' The doctrine that plundering and enslaving the Christians is unjust, is, at he^it, problematical ; but that it is the interest of this State to continue the prac- tice, is clear : therefore let the petition be rejected.' '' And it was rejected accordingly. " And since like motives are apt to produce in the minds of men like opinions and resolutions, may we not, Mr. Brown, venture to predict, from this account, that the peti- tions to the Parliament of England for abolishing the slave- trade, to say nothing of other Legislatures, and the debates 54 HISTORICAL RESEARCH. upon them, will have a similar conclusion ? I am, sir, your constant reader and humble servant, Historicus." (Sparks's Franklin, vol. ii. pp. 517-521.) It is not necessary now to produce the opinions of other members of the Convention : some of them expressed their views fully during the debates, and specimens of their speeches will presently be given. But it is not out of place here to inquire whether the leading statesmen of the country at that time, who were not members of the Convention, held opinions substantially the same as those of Washington and Franklin. John Adams and Thomas Jefterson — among the foremost men in founding the Republic — were, at the time the Convention was held, serving their country abroad ; the former as ambassador to Eng- hmd ; the hitter, to France. The opinions of Mr. Adams on slavery may be briefly given in an extract from a letter written only a few years before his death : — John " I have, through my Avhole life, held the practice of slavery in such abhorrence, that I have never owned a negro or any other slave : though I have lived for many years in times when the practice was not disgraceful ; when the best men in my vicinity thought it not incon- sistent with their character; and when it has cost me thousands of dollars for the labor and subsistence of free men, which I might have saved by the purchase of negroes at times when they were very cheap." — Works of John Adams, vol. x. p. 380. Adams JEFFERSON ON SLAVERY. 55 Mr. Jefferson's sentiments before and at the time of Jefferson. the Declaration of Independence have already been given. They were still more strongly expressed in his " Notes on Virginia," in 1782: — " The whole commerce between master and slave is a Notes on perpetual exercise of the most boisterous passions ; the most unremitting despotism on the one part, and degrading sub- missions on the other. Our children see this, and learn to imitate it ; for man is an imitative animah This quahty is the germ of all education in him. From his cradle to his grave, he is learning to do what he sees others do. If a parent could find no motive, either in his philanthropy or his self-love, for restraining the intemperance of passion towards his slave, it should always be a sufficient one that his child is present. But generally it is not sufficient. The parent storms ; the child looks on, catches the linea- ments of wrath, puts on the same airs in the circle of smaller slaves, gives a loose to the worst of passions; and thus nursed, educated, and daily exercised in tyranny, cannot but be stamped by it with odious peculiarities. The man must be a prodigy who can retain his manners and morals undepraved by such circumstances. And with what exe- cration should the statesman be loaded, who, permitting one-half the citizens thus to trample on the rights of the other, tranforms those into despots, and these into enemies ; destroys the morals of the one part, and the amor pah'ice of the other ! For, if a slave can have a country in this world, it must be any other in preference to that in which he is born to live and labor for another ; in which he must lock up the faculties of his nature, contribute as far as depends on his individual endeavors to the evanishment of the human race, or entail his own miserable condition on the endless generations proceeding from him. With the morals of the people, their industry also is destroyed. For in a warm climate, no man will labor for himself who 56 HISTORICAL EESEARCH. Jefferson, can make another labor for him. This is so true, that, of the proprietors of slaves, a very small proportion indeed are ever seen to labor. And can the liberties of a nation be thought secure when we have removed their only firm basis, — a conviction in the minds of the people that these liberties are of the gift of God? — that they are not to be vio- lated but with his wrath ? Indeed I tremble for my coun- try, when I reflect that God is just ; that his justice cannot sleep for ever ; that considering numbers, nature, and na- tui'al means only, a revolution of the wheel of fortune, an exchange of situation, is among possible events ; that it may become probable by supernatural interference. The Almighty has no attribute which can take side with us in such a contest. But it is impossible to be temperate, and to pursue this subject through the various considerations of policy, of morals, of history natural and civil. We must be contented to hope they will force their way into every one's mind. I think a change already perceptible, since the origin of the present revolution. The spirit of the master is abating, — that of the slave rising from the dust ; his condition mollifying; the way, I hope, preparing, under the auspices of Heaven, for a total emancipation ; and that this is disposed, in the order of events, to be witli the con- sent of the masters, rather than by their extirpation." — Jefferson^s Writings, vol. viii. pp. 403, 404. In a letter to Dr. Price, dated at London on the 7tli of August, 1785, Mr. Jefferson thus tells him what will be the probable effect of his late pamphlet, in which the abolition of slavery is strenuously urged : — " From the mouth to the head of the Chesapeake, the bulk of the people will approve it in tlieory, and it will find a respectable minority ready to adopt it in practice; a minority, which, for weight and worth of character, prepon- JEFFERSON OX SLAVERY. 57 derates against the greater number, who have not the Jefifersou. courage to divest their families of a property, which, how- ever, 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 disen- cumber themselves of them ; and emancipation is put into such a train, that in a few years there will be no slaves northward of Maryland. In Marjdand, I do not find such a disposition to begin the redress of this enormity, as in Vir- ginia. 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 ofiice of young men grown, and growing up. These have sucked in the principles of liberty, as it were, with their mothers' 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 ; and, could you still trouble yourself with our welfare, no man is more able to give aid to the laboring side." — Jeffersoii's Writ- ings , vol. i. p. 377. While Mr. Jefferson was in France, in 1786, he fnrnished M. Demennier with many materials for liis copious article on the United States, about to appear in the great " Encyclopedie Methodique " ; and he revised the manuscript of the Avhole article with great care. The following is part of a note to the author, most of which he translated into French, and incor- porated in his own work, where it stands as a perpetual record of Mr. Jefferson's sentiments at that time : — 8 58 HISTORICAL RESEARCH. Jeffei-son. '^ M. de Meusiiier, where he mentions that the slave-law has been passed in Virginia without the clause of eman- cipation, is pleased to mention, that neither Mr. Wythe nor Mr. Jefferson was present to make the proposition they had meditated : from which, people, who do not give themselves the trouble to reflect or inquire, might conclude hastily, that their absence was the cause why the proposition was not made ; and, of course, that there were not, in the Assembly, persons of virtue and firmness enough to propose the clause for emancipation. This supposition would not be true. There were persons there, who wanted neither the virtue to propose nor talents to enforce the proposi- tion, had they seen that the disposition of the Legislature was ripe for it. These worthy characters would feel themselves wounded, degraded, and discouraged by this idea. Mr. Jefferson would therefore be obliged to M. de Meusnier to mention it in some such manner as this : ' Of the two commissioners, who had concerted the amen- datory clause for the gradual emancipation of slaves, Mr. Wythe could not be present, he being a member of the judiciary department ; and Mr. Jefferson was absent on the legation to France. But there were not wanting, in that Assembly, men of virtue enough to propose, and talents to vindicate, this clause. But they saw that the moment of doing it with success was not yet arrived, and that an unsuccessful effort, as too often happens, would only rivet still closer the chains of bondage, and retard the moment of delivery to this oppressed description of men. 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 I But we must await with patience the workings JEFFERSON ON SLAVERY. 59 of an overruling Providence, and hope that that is pre- Jefferson, paring the deHverance 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 God of justice will awaken to their distress, and, by diffusing 'light and liberality among their oppress- ors, 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.' " — Jejferson's Writings, vol. ix. pp. 278, 279. In his " Autobiography," written only a few years before his death, alluding to the above-mentioned slave-law, he says, — " The bill on the subject of slaves was a mere digest of the existing laws respecting them, without any intimation of a plan for a future and general emancipation. It was thought better that this should be kept back, and attempted only by way of amendment, whenever the bill should be brought on. The principles of the amendment, however, were agreed on ; that is to say, the freedom of all born after a certain day, and deportation at a proper age. But it was found that the public mind would not yet boar the proposition, nor will it bear it even at this day. Yet the day is not distant when it must bear and adopt it, or worse will follow. Nothing is more certainly written in the book of fate, than that these people are to be free ; nor is it less certain that the two races, equally free, cannot live in the same government. Nature, habit, opinion, have drawn indelible lines of distinction between them. It is still in our power to direct the process of emancipation and deportation peaceably, and in such slow degree as that the evil will wear off insensibly, and their place he, pari passu, filled up by free white laborers. If, on the contrary, it is left to force itself on, human nature must shudder at the 60 HISTORICAL RESEARCH. prospect held up. We should in vain look for an example in the Spanisli deportation or deletion of the Moors. This precedent would fall far short of our case." — Jefferson's Writings, vol. i. pp. 48, 49. The eminent South-Carolina patriots, Christopher Gadsden and Henry Laurens, have left their testimony on this subject in no ambiguous terms. Mr. Gadsden was one of the most prominent public servants of the South, both in the Continental and. Colonial Legislatures. In a letter to Fr. S. Johnson, in Connecticut, dated at Charleston, S.C., 16th April, 1766, he says, — Christo- " We are a very weak province, a rich growing' one, and Gadsden, of as much importance to Great Britain as any upon the continent ; and great part of our weakness (though at the same t'me 'tis part of our riches) consists in having such a number of slaves amongst us ; and we find in our case, according to the general perceptible workings of Provi- dence, where the crime most commonly though slowly, yet surely, draws a similar and suitable punishment, that sla- very begets slavery. Jamaica and our West India Islands demonstrate this observation, which I hope Avill not be our case now, whatever might have been the consequences had the fatal attempts been delayed a few years longer, when we had drank deeper of tlie Circean draught, and the measure of our iniquities were filled up." — 3IS. Letter (^printed in the Hist. Mag., Sept. 1861, p. 261) in p)Osses- sion of the Hon. George Bancroft. Mr. Laurens was for two years President of the Continental Congress, and afterwards appointed minis- ter to Holland. He was a commissioner, with Frank- lin and Jay, for negotiating a peace with Great Britain. SLAVERY IN SOUTH CAROLINA. 61 Mr. Laurens \yrote to his son, from Charleston, S.C., 14th August, 1776: — " You know, mj clear son, I abhor slavery. I was born Henrv in a country where slavery had been established by British kings and parliaments, as well as by the laws of that coun- try, ages before my existence. 1 found the Christian reli- gion and slavery growing under the same authority and cultivation. I nevertlieless disliked it. In former days, there was no combating the prejudices of men supported by interest: the day, I hope, is approaching, when, from principles of gratitude as well as justice, every man will strive to be foremost in showing his readiness to comply with the golden rule. Not less than twenty thousand pounds sterling would all my negroes produce, if sold at public auction to-morrow. I am not the man who enslaved them; they are indebted to Englishmen for that favor: nevertheless, I am devising means for manumitting many of them, and for cutting off the entail of slavery. GreaV powers oppose me, — the laws and customs of my country, my own and the avarice of my countrymen. What will my children say if I deprive them of so much estate? These are difficulties, but not insuperable. I will do as much as I can in my time, and leave the rest to a better hand. " I am not one of those who arrogate the peculiar care of Providence in each fortunate event ; nor one of those who dare trust in Providence for defence and security of their own liberty, while they enslave, and wish to continue in slavery, thousands who are as well entitled to freedom as themselves. I perceive the work before me is great. I shall appear to many as a promoter, not only of strange, but of dangerous doctrines : it will therefore be necessary to proceed with caution. You are apparently deeply in- terested in this affair ; but, as I have no doubts concerning your concurrence and approbation, I most sincerely wish for your advice and assistance, and hope to receive both in good time." — Collection of the Zenger Club, pp. 20, 21. 62 mSTOElCAL EESEARCH. Coustitu- Such were the prevaiUng- prmciples of the people, tion.^^"' ^^ expressed by their leading representatives, when the Convention for framing the Federal Constitution assembled in Philadelphia, in May, 1787. It is highly proper that a constant regard should be had to these principles in interpreting the language of the Con- stitution. The position and purpose of the Convention were unprecedented. It was the first time in the history of the world that an assemblage of men had been called together, with delegated power from the people, to prepare an instrument which was to establish a Go- vernment, and to be the source and test of all their laws. Some of the delegates to this Convention had been members of the Continental Congress of 1776; and, as was said by John Quincy Adams at the Jubilee of the Constitution in New York, " this act was the complement to the Declaration of Independence ; founded upon the same principles, carrying them out into practical execution, and forming with it one entire system of national government." The Articles of Confederation proved an unsuccess- ful experiment. When the exigencies of the war were over, and the Government fully assumed the functions of an independent nation, it was seen that an error had been committed in " the substitution of State sove- reignty, instead of the constituent sovereignty of the people, as the foundation of the Revolution and of the Union." It is a significant fact, that, in the Preamble to the Constitution, this departure from the principles CONVENTION FOR FORMING THE CONSTITUTION. 63 of the Declaration of Independence is tacitly reco"-- The Con- nized, and is rectified by a recurrence to the truth, that HfJ^^l^ to secure the rights of life, liberty, and the pursuit I'XpL- of happiness, governments are instituted among men, '^"*^^' deriving their just powers from the consent of the governed. This preamble, of only a single sentence, is the key to the Constitution. Without considering and comprehending it, no one should attempt to interpret any of the separate articles of that instrument. " We, the people of the Uxited States, in order to form a more perfect uxiox, establish justice, insure domestic tran- quillity, provide for the coaoion defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for THE UN^TED States of America." The Constitution is, and was intended to be, the people's document, — the palladium of their liberty. It was to defend and to bless the negro as well as the white man : for negroes had fought side by side with our white soldiers in the common struggle for liberty ; and, in several of the States, they, as citizens, had voted for the delegates to the Convention, and after- wards on the adoption of the Constitution. It was established for the purpose of securing liberty ; and nothing can be clearer to a careful stu- dent of the history of that period, than that the authors of the Declaration of Independence and of the Constitution of the United States, " parts of one consistent whole, founded on one and the same theory of government," believed and intended, that, under 64 ■ HISTOEICAL EESEAECH. The Con- their influence and operation, slavery would soon be mui Shi- abolished. very. It had been declared by Lord Mansfield, in the Court of King's Bench, in England, that slavery was " so odious, that nothing can be suffered to support it but positive law." At the time the Federal Consti- tution was adopted, there was not, in the State Constitutions, any thing to warrant or justify slavery. Every thing of that kind has come by later amend- ments. As in the preparation of the Declaration of Independence, so in the formation of the Constitution, the authors did not ignore the existence of slavery. It was an evil that had been forced upon them by Great Britain, against their consent ; and was one of the moving causes for the separation from the mother- country. They had, in the most emphatic manner, by resolutions and otherwise, expressed their abhor- rence of slavery, and their determination to emanci- pate the negroes without unnecessary delay. All that the slaveholders asked of the Convention was a temporary protection for what they regarded, in one sense, their property, until they could, in their own time and in their own way, bring about this desirable result. Mr. Pinckney declared, " If the Southern States were let alone, they will probably of themselves stop importations. He would himself, as a citizen of South Carolina, vote for it." Mr. Sherman observed that " the abolition of sla- very seemed to be going on in the United States, and THE CONSTITUTION AND SLAVERY. 65 that the good sense of the several States would proba- bly by degrees complete it." Mr. Ellsworth added, — and no one expressed dissent from this opinion, — " Slavery, in time, will not be a speck in our country." It was an eminent Virginian, Mr. Madison, who declared that " he thought it wrong to admit in the Constitution the idea of property in men." That idea was accordingly everywhere scrupulously avoided. But still, in three separate clauses, the Constitution recognizes the existence of slavery, although it does not permit the word " slave " anywhere to tarnish its text. " Art. I. Sect. 2 Representatives and Constitu- dn^ect taxes shall be apportioned among the several fetates United 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. . . . '' 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. IY. Sect. 2 No person held to service or labor in one State, under the laws thereof, escap- ing into another, shall, in consequence of any law or regula- tion 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." 9 66 HISTOEICAL RESEARCH. In considering these articles in the Convention, the whole subject of slavery was thoroughly discussed. No language of radical reformers in recent times surpasses in severity the honest utterances of the patriots and statesmen who were then assembled. No friendly voice was raised to defend this barbarous crime against humanity. Let us look at some of the speeches. Mr. Gouverneur JNIorris, of Pennsylvania, was the member to whom was finally committed the Constitu- tion, to give finish to the style and arrangement of that instrument. He may properly be regarded as the author of its text. In the debate on the 8th of August, 1787, he uses the following language : — Gouver- n jjg never would concur in npholdina- domestic slaverv- iieur .... i o Morris. It was a nefarious institution. It was the curse of Heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich and noble 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 dis- appearance of slavery. The moment you leave the Eastern States, and enter New York, the effects of the institution become visible. Passing through the Jerseys, and enter- ing Pennsylvania, every criterion of superior improvement wntnesses 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 is it that the slaves shall be computed in the representation ? Are they men ? DEBATE IN THE FEDERAL CONVENTION. ' 67. Then make them citizens, and let them vote. Are they Gmwer- property ? Why, then, is no other property included? Morris. 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 repre- sentation, when fairly explained, comes to this, — tliat 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 dear- est connections, and damns them to the most cruel bondage, shall have more votes in a government instituted 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 do- mestic slavery is the most prominent feature in the aris- tocratic countenance of the proposed Constitution. The vassalage 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 the}' 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 sup- plies of wretched Africans, at once to increase the danger of attack and the difficuhy of defence : nay, they are to be encouraged to it by an assurance of having their votes in the National Government increased in proportion ; and are, 68 HISTOEICAL EESEAECH. Gouver- at the same time, to have their exports and their slaves n6ur Morris, 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 Constitution." — Madison Papers^ Elliot^ vol. v. pp. 392, 393. Mr. E-ufus King, of Massachusetts, in the same debate, said : — Rufus " The admission of slaves was a most grating circum- "^^' stance to his mind, and he believed would be so to a great part of the people of America. He had not made a strenu- ous opposition to it heretofore, because he had hoped that this concession would have produced a readiness, Avhich had not been manifested, to strengthen the General Go- vernment, 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 inva- sion ; 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 with- hold the compensation for the burden ? If slaves are to DEBATE IN THE FEDERAL CONVENTION. 69 be imported, shall not the exports produced by their labor Rufus supply a revenue, the better to enable the General Govern- ment to defend their masters ? There was so much in- equality 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 rectitude of such a practice, that he was not sure he could assent to it under any circumstances. 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 Roger 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." — Bladison Papers, Elliot, vol. v. 391, 392. Mr. Luther Martin, of Maryland, in the debate, Tuesday, Aug. 21, — " Proposed to vary Art. 7, Sect. 4, so as to allow a Luther 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 70 HISTORICAL RESEARCH. Debate in the Con- vention. John Kutledse. Oliver Ellsworth. Charles Pinckney. Roger Sherman. third place, it Avas inconsistent with the principles of the Revolution, and dishonorable to the American character, to have such a feature in the Constitution. " 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 princi- ple 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 particu- lar 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 ex- pressly and watchfully excepted that of meddling with the importation of negroes. Jf the States he all left at liberty on this subject, South Carolina may perhajjs, by degrees, do of herself what is wished, as Virginia and Maryland already have 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 DEBATE IN THE FEDERAL CONVENTION. 71 good did not require it to be taken from them, and as it Roger was expedient to liave as few objections as possible to the proposed scheme of government, he thought it best to leave the matter as we find it. He observed, that the abolition of slavery seemed to he going on in the United States, and. that the good sense of the several States ivoidd probably by degrees complete it. He urged on the Convention the necessity of despatching its business. " Col. Mason. This infernal traflSc originated in the George 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 Crom- well to the commissioners sent to Virginia, — to arm the servants and slaves, in case other means of obtainins; 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 nation^ cannot be rewarded or punished in the next world, they must be in this. By an inevitable 72 HISTORICAL RESEARCH. Debate in the Con- vention. Oliver Ellsworth. Charles Pinckuey. Charles Cotes worth Pincknej-. chain of causes and effects, Providence punishes national sins hy natiotial calamities. He lamented that some of our Eastern brethren had, from a lust 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 properl}'' 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 oAvned 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 country. Provision is already made in Connecticut for abolishing it ; and the abolition has already taken place in Massachusetts. As to the danger of insurrections from foreign influence, that will become a motive to kind treatment of the. slaves. " Mr. PiNCKNEY. If slavery be wrong, it is justified by the example of all the world. He cited the case of Greece, Rome, and other ancient States ; the sanction given by France, England, Holland, and other modern States. In all ages, one-half of mankind have been slaves. Jjf the Southern States were let alone, they will probably of them- selves stop importations. He would himself, as a citizen of South Carolina, vote for it. An attemjot to take away the right, as proposed, will produce serious objections to the Constitution, which he wished to see adopted. '' Gen. PiNCKNEY declared it to be his firm opinion, that if himself and all his colleagues were to sign the Constitu- DEBATE IN THE FEDERAL CONVENTION. 73 tion, and use their personal influence, it would be of no Charles avail towards obtaining the assent of their constituents. Pinckney. South Carolina and Georgia cannot do, without slaves. As to Virginia, she will gain 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 assent, before the Revolution, had never been refused to South Carolina as to Virginia. He con- tended, 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 consump- tion 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 Abraham 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 hitherto supposed a General Gov- ernment 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 pow- ers. Prom 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 prohably put a stop to the evil. As one ground for this conjecture, he took notice of the sect of , which, he said, was a respecta- ble class 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 James Georgia were themselves disposed to get rid of the impoiiation of slaves in a short time, as had been suggested, they would 10 74 HISTORICAL RESEARCH. Debate in ncvcr rcfuse to Unite because the importation miqld he pro- the Con- . . vention. Jiihlted. 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, Dickinson considered it as inadmissible, on every principle of honor and safety, that the importation of slaves should be authorized to the States by the Constitution. 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, ex- cluded 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 Govern- ment. ^' 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 X50 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 Constitution, as stated on one side, he could affirm with equal behef, 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 DEBATE IN THE FEDERAL CONVENTION. 75 import was subjected to it, as an inequality that could not Debate in •1 -1 , -1 • p 1 T>.T 1 the Oon- lail to .strike the commercial sagacity oi the JNorthern and ventioa. Middle States. ^' Mr. Langdon was strenuous for giving the power to the General Government, He could not, with a good con- science, 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 im2)ort slaves. " Gen. Pinckney thought himself bound to declare can- didly, 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 air-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 exports 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 pr'operti/. 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. 76 HISTORICAL EESEARCH. Debate in '' Mr. Read was for the commitment, provided the clause the Con- . i i n i i ■ -, vention. concerning taxes on exports should also be committed. " Mr. Sherman observed, that that clause had been agreed to, and therefore could not be committed. " Mr. Randolph was for committing, in order that some middle ground might, if possible, be found. He could never agree to the clause as it stands. He would sooner risk the Constitution. He dwelt on the dilemma to which the Convention was exposed. By agreeing to the clause, it would revolt the Quakers, the Methodists, and many- others in the States having no slaves. On the other hand, two States might be lost to the Union. Let us then, he said, try the chance of a commitment." — Iladison Papers, Elliot, vol. V. pp. 457-461. Three days later (Saturday, Aug. 25tli), the debate on this subject was resumed, and the Report of the Committee of Eleven was taken up. It was in the following words : — '^ Strike out so much of the fourth section as was re- ferred to the Committee, and insert ' The migration or importation of such persons as the several States, now existing, think proper to admit, shall not be prohibited by the Legislature prior to the year 1800 ; but a tax or duty may be imposed on such migration or importation, at a rate not exceeding the average of the duties laid on imports.' " " Gen. PiNCKNEY moved to strike out the words ' the year eighteen hundred ' as the year limiting the importa- tion of slaves, and to insert the words ' the year eighteen hundred and eight.' " Mr. GoRHAM seconded the motion. " Mr. Madison. Twenty years will produce all the mis- chief that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the DEBATE IN THE FEDERAL CONVENTION. 77 American character than to say nothing about it in the Debate in r^ , • , , • the Con- LonstltutlOn. vention. " On the motion, which passed in the affirmative, — " New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, ay, — 7 ; New Jersey, Pennsylvania, Delaware, Virginia, no, — 4. "Mr. GouvERNEUR Morris was for making the clause read at once, — " ' The importation of slaves into North Carolina, South Caro- lina, and Georgia, shall not be prohibited,' &c. This, he said, would be most fair, and woukl avoid the ambiguity by which, under the power with regard to natu- i-aHzation, the liberty reserved to the States might be defeated. He wished it to be known, also, that this part of tlie Constitution was a compliance with those States. If the change of language, however, should be objected to by the members from those States, he should not urge it. " Col. Mason was not against using the term ' slaves,' but against naming North Carolina, South Carolina, and Georgia, lest it should give offence to the people of those States. " Mr. Sherman liked a description better than the terms proposed, which had been declined by the old Congress, and were not pleasing to some people. '' Mr. Clymer concurred with Mr. Sherman. " Mr. Williamson said, that, both in opinion and prac- tice, he was against slavery ; but thought it more in fiivor of humanity, from a view of all circumstances, to let in South Carolina and Georgia on those terms, than to exclude them from the Union. " Mr. GouvERNEUR Morris withdrew his motion. " Mr. Dickinson wished the clause to be confined to the States which had not themselves prohibited the importa- 78 HISTOEICAL RESEAECH. Debate tion of slaves ; and, for that purpose, moved to amend the in the Con- , veiition. claiise SO as to read, — " ' The importation of slaves into such of the States as shall permit the same shall not be prohibited by the Legislatm-e of the United States until the year 1808 ; ' — which was disagreed to, nem. con. '' The first part of the Report was then agreed to, amended as follows : — " ' The migration or importation of such persons as the several States now existing shall think proper to admit shall not be prohib- ited by the Legislature prior to the year 1808.' " New Hampshire, Massachusetts, Connecticut, Maryland, Korth Carolina, South Carolina, Georgia, ay, — 7 ; New Jersey, Pennsylvania, Delaware, Virginia, no, — 4." — lladison Papers, Elliot, vol. V. pp. 477, 478. These specimens of the debates are sufficient to show the various shades of opinion as expressed by members of the Convention from different States. The Constitution, with the articles on slavery, as amended and finally adopted by the Federal Conven- tion, was submitted to the people, to be ratified by them through State Conventions of delegates elected for that special purpose. In these State Conven- tions, the various articles were again thoroughly discussed. In Massachusetts, the delegates assembled in Bos- ton, Jan. 9, 1788. It is hardly too much to say, that the fate of the Federal Constitution was to be de- cided by the action of this State Convention. By the final vote of three hundred and fifty-five members, a majority of only nineteen votes was obtained in its MASSACHUSETTS CONVENTION. 79 favor ; one himdred and eio'lity-seven beino^ in the conven- ^ •' ^ tioii to affirmative, and one hundred and sixty-eight in the ne- '•'t'fy.the •' ~ Constitu- gative. Had the vote been taken without discussion *'°"" on the first meeting of the members, there can be no doubt that the Constitution wouki have been rejected by a considerable majority. Elbridge Gerry, one of our delegates to the Fede- ral Convention, had declined to sign the Constitution, and addressed a letter to the State Legislature, giving; his reasons for so doing. He was invited to take a seat with the delegates in the State Convention. John Hancock and Samuel Adams, the two most eminent members of the State Convention, were both opposed to the adoption of the Constitution. Mr. Hancock, on account of his position and from mo- tives of policy, was elected President ; but he excused himself from attending until towards the close of the session, on account of illness. The circumstances connected with the change of purpose on the part of the President are related by Professor Parsons in the admirable " Memoir " of his father, Chief-Justice The- ophilus Parsons. Amongst the many reasons assigned by the opponents of the Federal Constitution for their desire to defeat its adoption, the articles on the subject of slavery were brought forward. The discus- sion on this subject deserves our notice. In the second week of the Convention, Jan. 17, the subject of taxation and representation being under debate, " Mr. Wedgery asked, if a boy of six years of age was to be considered as a free person." 80 HISTORICAL RESEARCH. conven- ^lie IIoii. Hiifus Kiiiar, in answer, said, — tioii to O : : 5 Constitu- '' All persons born free were to be considered as free- men ; and, to make the idea of taxation by numbers more Rufus intelligible, said that five negro children of South Carolina i^iiig- g^j-g iq prj^y r^s much tax as the three governors of New Hampshire, Massachusetts, and Connecticut." On the same occasion, Judge Dana spoke : — Francis " In reply to the remark of some gentlemen, that the Southern States were favored in this mode of apportion- ment, by having five of their negroes set against three persons in the Eastern, the honorable Judge observed, that the negroes of the Southern States work no longer than when the eye of the driver is on them. ' Can,' asked he, ' that land flourish like this, which is cultivated by the hands of freemen ? And are not three of these independent freemen of more real advantage to a State than five of those poor slaves ? ' Asa friend to equal taxation, he re- joiced that an opportunity was presented in this Constitu- tion to change this unjust mode of apportionment. ' Indeed,' concluded he, ' from a survey of every part of the Consti- tution, I think it the best that the wisdom of man could suggest.' " The discussion was continued ; and, on the next day, Thomas Dawes, Esq., expressed his views on the subject : — Thomas " Mr. Dawes Said, he was sorry to hear so many obiec- Dawes. . . , . ' , ^ . , • i • tions raised against the paragraph under consideration. He thought them wholly unfounded ; that the black inhabitants of the Southern States must be considered either as slaves, and as so much property, or in the char- acter of so many free men. If the former, why should they not be wholly represented ? Our own State laws and Constitution would lead us to consider those blacks as free MASSACHUSETTS CONVENTION. 81 men ; and so, indeed, would our own ideas of natural jus- Thomas tice. If, then, they are freemen, they might form an equal ^''''■^'" basis for representation, as though they were all white inhabitants. In either view, therefore, ho could not see that the Northern States would suffer, but directly to the contrary. He thought, however, that gentlemen would do well to connect the passage in dispute with another article in the Constitution, that permits Congress, in the year 1808, wholly to prohibit the importation of slaves, and, in the mean time, to impose a duty of ten dollars a head on such blacks as should be imported before that period. Be- sides, by the new Constitution, every particular State is left to its own option totally to prohibit the introduction of slaves into its own territories. What could the Convention do more ? The members of the Southern States, like our- selves, have their prejudices. It would not do to aboHsh slavery by an act of Congress in a moment, and so destroy what our Southern brethren consider as property ; hut we may say, that although slavery is not smitten hy an apo- plexy, yet it has received a mortal loound, and loill die of a consumption.'^ — Debates and Proceedings, pp. 135-139. From the minutes of the debates, kept by Chief- Justice Parsons, and printed with the last edition of the " Debates and Proceedings," we learn that George Cabot on this occasion remarked : " The Southern States have the slave-trade, and are sovereign States. This Constitution is the best way to get rid of itT During the next week (Friday, Jan. 25), the clause relating to " the migration or importation of such persons as any of the States now existing shall think proper to admit " was under consideration ; when " Mr. Neal (from Kittery) went over the ground of james objection to this section, on the idea that the slave-trade ^^'^'" 11 82 HISTORICAL RESEARCH. Conven- -was alloAved to be continued for twenty years. His pro- tio" to J, . • 1 1 T 1 1 • ■ • ratify the fession, lic saiu, ol)ligca him to bear witness against any tion. thing that should favor the making merchandise of the bodies of men ; and, unless his objection was removed, he could not put his hand to the Constitution. Other gentle- men said, in addition to this idea, that there was not even a provision that the negroes ever shall be free ; and General " Gen. THOMPSON exclaimed: ' Mr. President, Shall it be said, that, after we have established our own independ- ence and freedom, we make slaves of others ? AVashing- ton ! What a name has he had ! How he has immortalized himself! But he holds those in slavery who have as good right to be free as he has. He is still for self; and, in my 'opinion, his character has sunk fifty per cent.' " On the other side, gentlemen said, that the step taken in this article towards the abolition of slavery was one of the beauties of the Constitution. They observed, that, in the Confederation, there was no provision whatever for its ever being abolished : but this Constitution provides that Congress may, after twenty years, totally anniliilate the slave-trade ; and that, as all the States, except two, have passed laws to this eflect, it might reasonably be expected that it would then be done. In the interim, all the States were at liberty to prohibit it. "Saturday, Jan. 2G, 1788. " The debate on the ninth section still continued desul- tory, and consisted of similar objections and answers thereto as had before been used. Both sides deprecated the slave- trade in the most pointed terms. On one side, it was pathet- ically lamented by Mr. Nasson, Major Lusk, Mr. Neal, and others, that this Constitution provided for the continuation of the slave-trade for twenty ye*ars ; on the other, the Hon. Judge Dana, Mr. Adams, and others, rejoiced that a door Avas now to be opened for the annihilation of this odious, abhorrent practice, in a certain time." — Debates and Pro- ceedings, pp. 208, 209. MASSACHUSETTS CONVENTION, S3 On Wednesday, Jan. 30, General Heath, who had been detained by indisposition from attending many of the meetings, was present, and participated in the debate. A part of his remarks were as follows : — " The paragraph respecting the migration or importa- General tion of such persons as any of the States now existing shah think jDroper to admit, &c., is one of those considered during my absence ; and I have heard nothing on the sub- ject, save what has been mentioned this morning. But I think the gentlemen who have spoken have carried the matter rather too far on both sides. " I apprehend that it is not in our power to do any thing for or against those who are in slavery in the Southern States. No gentleman within these walls detests every idea of slavery more than I do. It is generally detested by the people of this Commonwealth ; and I ardently hope that the time will soon come, when our brethren in the Southern States will view it as we do, and j)ut a stop to it : but to this we have no right to compel them. Two ques- tions naturally arise : 1/ ive ratify the Constitution, shall ive do any thing hy our act to hold the blacks in slavery? or shall we become partakers of other men^s sins? 1 think, nei- ther of them. Each State is sovereign and independent to a certain degree ; and they have a right, and will regulate their own internal affairs as to themselves appears 23roper. And shall we refuse to eat or to drink or to be united Avith those who do not think or act just as we do ? Surely not. We are not, in this case, partakers of other men's sins ; for in nothing do we voluntarily encourage the slavery of our fellow-men. A restriction is laid on the Federal Govern- ment, which could not be avoided and a union take place. The Federal Convention went as far as they could. The migration, or importation, rokcn witli every distress that human nature can feel, and bedewed with tears of anguish, they are dragged into the last stage of depression and slavery, never, never to behold the faces of one another again ! The scene is too affecting. I have not fortitude to pursue the subject." — EllioVs Debates, vol. ii. pp. 203, 204. Pennsylvania was the second State to adopt the Constitution. The remarks of James Wilson, in the Ratification Convention, must not be omitted. Mr. Wilson was one of the signers of the Declaration of Independence, and was for several years a member of Congress. He was not only an eloquent orator and ready debater, but may be regarded as one of the first jurists in the country. Washington appointed him a Judge of the Supreme Court of the United States the year after the adoption of the Constitution ; and he held the office until his death, wdiich occurred in 1798. The opinions of such a man are entitled to great consideration. " AVitli respect to the clause restricting Congress from prohibiting the migration or importation of such persons as any of the States now existing shall think proper to admit })rioi- to tlie year 1808, the honorable gentleman says that this clause is not only dark, but intended to grant to Congress, for that time, the power to admit the importa- tion of slaves. No such thing was intended. But I will tell you what was done, and it gives me high pleasure that so much was done. Under the present Confederation, the States may admit the importation of slaves as long as they please; but by this article, after the year 1808, the Con- gress win have power to prohibit such importation, notwith- standing the disposition of any State to the contrary. 1 PENNSYLVANIA CONVENTION. 89 consider this as laying the foundation for banishing slavery james out 0/ this country ; and though the period is more distant '''^^<^"- than I could wish, yet it will produce the same kind, gradual change which ivas pursued in Pennsylvania. It is with much satisfliction I view this power in the General Gov- ernment, whereby they may lay an interdiction on this reproachful trade. But an immediate advantage is also obtained : for a tax or duty may be imposed on such impor- tation, not exceeding ten dollars for each person ; and this Sir, operates as a partial prohibition. It was all that could be obtained. I am sorry it was no more ; but from this I t link there is reason to hope, that yet a few years, and It will be prohibited altogether ; and, in the mean time the ^^eu^ States which are to be formed will be under the control ot Congress m this particular, and slaves will never be in- troduced amongst them. '' I recollect, on a former day, the honorable gentleman from Westmoreland (Mr. Findley), and the honorable gen- tleman from Cumberland (Mr. Whitehill), took exceptions against the 1st clause of the 9th sect., art. 1, arguing, very unfairly, that, because Congress might impose a tax or duty of ten dollars on the importation of slaves within any ot the United States, Congress might therefore permit slaves to be imported within this State, contrary to its laws. I confess, I little thought that this part of the system would be excepted to. " I am sorry that it could be extended no farther; but so far as it operates, it presents us with the pleasing'pros- pect, that the rights of mankind will be acknowledged and established throughout the Union. _ " If there was no other lovely feature in the Constitu- tion but this one, it would diffuse a beauty over its whole countenance. Yet the lapse of a few years, and Congress ivill have power to exterminate slavery from within our borders:' — Elliofs Debates, vol. ii. pp. 452, 484 12 90 HISTOEICAL RESEAECH. Constitii- ]\Iarvland adopted the Constitution in opposition tion rati- • ^ ^'f'^^y , to the strons: remonstrance of Luther Martin. Ihe Maryland. ~ address which he made to the State Legislature has been pubhshed, and fills between forty and fifty closely printed pages. The part pertinent to this paper is here copied entire : — Luther " Bj tlie ninth section of this article, the importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited prior to the year one thousand eiglit hundred and eight ; but a duty may be imposed on such importation, not exceeding ten dollars each person. " The design of this clause is to prevent the General Government from prohibiting the importation of slaves ; but the same reasons which caused them to strike out the word ' national,' and not admit the word ' stamps,' influenced them here to guard against the word ' slaves.' They anx- iously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the expressions signified: and hence it is that the clause is so worded as really to authorize the General Government to impose a duty of ten dollars on every foreigner who comes into a State to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant ; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves. " This clause was the subject of a great diversity of sen- timent in the Convention. As the system was reported by the committee of detail, the provision was general, that such importation should not be prohibited, without confin- ing it to any particular period. This was rejected by eight States ; Georgia, South Carolina, and, I think, North Caro- lina, votinsi: for it. LEGISLATURE OF MARYLAND. 91 " We were then told by the delegates of the two first Lutiier of those States, that their States would never agree to a ' system which put it in the power of the General Govern- ment to prevent the importation of slaves ; and that the}^, as delegates from those States, must withhold their assent from such a system. " A committee of one member from each State was chosen by ballot to take this part of the system under their consideration, and to endeavor to agree upon some report which should reconcile those States. To this com- mittee also was referred the following proposition, which had been reported by the committee of detail; viz., 'No navigation act shall be passed without the assent of two- thirds of the members present in each house,' — a pro- position which the staple and commercial States were solicitous to retain, lest their commerce should be placed too much under the power of the Eastern States, but which these last States were as anxious to reject. This committee, of which also I had the honor to be a member, met, and took under their consideration the subjects com- mitted to them. I found the Eastern States, notwithstand- ing their aversion to slavery, were very willing to indulge the Southern States at least with a temporary liberty to prosecute the slave-trade, provided the Southern States would, in their turn, gratify them by laying no restriction on navigation acts ; and, after a very little time, the com- mittee, by a great majority, agreed on a report, by Avhich the General Government was to be prohibited from pre- venting the importation of slaves for' a limited time, and the restrictive clause relative to navigation acts was to be omitted. '' This report was adopted by a majority of the Conven- tion, but not without considerable opposition. It was said that we had just assumed a place among independent nations, in consequence of our opposition to the attempts of Great Britain to enslave us ; that this opposition was 92 HISTORICAL RESEARCH. Luther grounded upon the preservation of those rights to which Martin. q^^^| ^^^^^ nature had entitled us, not in particular, but in common with the rest of all mankind ; that we had appealed to the Supreme Being for his assistance, as the God of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his creatures ; that now, when we scarcely had risen from our knees, from supplicating his aid and protection in forming our govern- ment over a free people, — a government formed pretend- edly on the principles of liberty, and for its preservation, — in that government to have a provision not only putting- it out of its power to restrain and prevent the slave-trade, but even encouraging that most infamous traffic by giving the States power and influence in the Union in proportion as they cruelly and wantonly sport with the rights of their fellow-creatures, ought to be considered as a solemn mock- ery of, and insult to, that God whose protection we had then implored ; and could not fail to hold us up in detesta- tion, and render us contemptible to every true friend of liberty in the world. It was said, it ought to be consid- ered that national crimes can only bo, and frequently are, punished in this world by national punishments ; and that the continuance of the slave-trade, and thus giving it a national sanction and encouragement, ought to be consid- ered as justly exposing us to the displeasure and ven- geance of Him who is equally Lord of all, and who views with equal eye the poor African slave and his American master. " It was urged, th'at, by this system, we were giving the General Government full and absolute power to regulate commerce ; under which general power it would have a right to restrain, or totally prohibit, the slave-trade. It must therefore appear to the world absurd and disgraceful, to the last degree, that we should except from the exercise of that power the only branch of commerce which is un- justifiable in its nature, and contrary to the rights of LEGISLATUEE OF MARYLAND. 93 mankiiKl ; that, on the contrary, we ought rather to prohib- Luther it expressly, in our Constitution, the further importation of slaves, and to authorize the General Government, from time to time, to make such regulations as should be thought most advantageous for the gradual abolition of slavery, and the emancipation of the slaves which are already in the States ; that slavery is inconsistent with the genius of re- publicanism, and has a tendency to destroy those principles on which it is "supported, as it lessens the sense of the equal rights of mankind, and habituates us to tyranny and oppression. It was further urged, that, by this system of government, every State is to be protected both from for- eign invasion and from domestic insurrections ; that, from this consideration, it was of the utmost importance it should have a power to restrain the importation of slaves, since, in proportion as the number of slaves was increased in any State, in the same proportion the State is weakened, and exposed to foreign invasion or domestic insurrection, and by so much less will it be able to protect itself against either ; and therefore wih, by so much the more, want aid from, and be a burden to, the Union. It was further said, that as, in this system, we were giving the General Gov- ernment a power, under the idea of national character or national interest, to regulate even our weights and meas- ures, and have prohibited all possibility of emitting paper money, and passing insolvent laws, &c., it must appear still more extraordinary that we should prohibit the govern- ment from interfering with the slave-trade, than which nothing could so materially aifect both our national honor and interest. These reasons influenced me, both on the Committee and in Convention, most decidedly to oppose and vote against the clause, as it now makes a part of the system. '' You will perceive. Sir, not only that the General Gov- ernment is prohibited from interfering in the slave-trade before the year eighteen hundred and eight, but that there 94 HISTOEICAL RESEARCH. Luther is DO provision in the Constitution that it shall afterwards ' '"^ '"■ be prohibited, nor any security that such prohibition will ever take place ; and I think there is great reason to be- lieve, that, if the importation of slaves is permitted until the year eighteen hundred and eight, it Avill not be prohib- ited afterwards. At this time, we do not generally hold this commerce in so great abhorrence as we have done. When our liberties were at stake, we warmly felt for the common rights of men. The danger being thought to be past which threatened ourselves, we are daily growing more insensible to those rights. In those States which have restrained or prohibited the importation of slaves, it is onl}^ done by legislative acts Avhich may be repealed. When those States find that they must, in their national character and connection, suffer in the disgrace, and share in the inconveniences, attendant upon that detestable and iniquitous traffic, they may be desirous also to share in the benefits arising from it ; and the odium attending it will be greatly effaced by the sanction which is given to it in the General Government."' — Elliot's Debates^ vol. i. j^p. 372- 375. TheConsti- Vimiiiia was the tenth State to ratify the Constitu- tution rati- ^^}^ \y. tion. Now here "svere the debates more able and \ irgiiua. thorough than there. It was not till June that the Convention was held. The proceedings occupy the whole of the third volume of Elliot's " Debates." George Mason, Patrick Henry, and James Madison were among the most important speakers. Let us look at their speeches. "Tuesday, June 15, 1788. George " Mr. George Mason. Mr. Chairman, this is a fatal sec- Mason. J.* 1 • 1 1 1 1 mi tion, winch has created more dangers than any other. The first clause allows the importation of slaves for twenty VIJIGINIA CONVENTION. 95 years. Under the Royal Government, this evil was looked George upon as a great oppression, and many attempts were made ^ to prevent it; but the interest of the African merchants prevented its prohibition. No sooner did the Revolution take place than it was thought of. It was one of the great causes of our separation from Great Britain. Its exclusion has been a principal object of this State, and most of the States in the Union. The augmentation of slaves weakens the States ; and such a trade is diabolical in itself, and dis- graceful to mankind : yet, by this Constitution, it is contin- ued for twenty years. As much as I value a union of all the States, / would not admit the Southern States into the Union, unless they agree to the discontinuance of this dis- graceful trade, because it would bring iveahness, and not strength, to the Union. And, though this infamous traffic be continued, we have no security for the property of that kind which we have already. There is no clause in this Constitution to secure it; for they may lay such a tax as will amount to manumission. And should the Government be amended, still this detestable kind of commerce can- not be discontinued till after the expiration of twenty years ; for the fifth article, which provides for amendments, ex- pressly excepts this clause. I have ever looked upon this as a most disgraceful thing to America. I cannot express my detestation of it. Yet they have not secured us the pro- perty of the slaves we have already : so that '■ they have done what they ought not to have done, and have left undone what they ought to have done.' " Mr. Madison. Mr. Chairman, I should conceive this Jnmes clause to be impolitic, if it were one of those things which could be excluded without encountering greater evils. The Southern States would not have entered into the Union of America, without the temporary permission of that trade ; and, if they were excluded from the Union, the conse- quences might be dreadful to them and to us. We are not in a worse situation than before. That trafiic is prohibited 96 HISTORICAL EESEARCH. James by our laws, and we may continue the prohibition. The ' Union in general is not in a worse situation. Under the Articles of Confederation, it might be continued for ever ; but, by this clause, an end may be put to it after twenty years. There is, therefore, an amelioration of our circum- stances. A tax may be laid in the mean time : but it is limited ; otherwise Congress might lay such a tax as would amount to a prohibition. From the mode of representation and taxation. Congress cannot lay such a tax on slaves as will amount to manumission. Another clause secures us that property which we now possess. At present, if any slave elopes to any of those States where slaves are free, he becomes emancipated by their laws; for the laws of the States are uncharitable to one another in this respect. But, in this Constitution, ' 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 deliv- ered up on claim of the party to whom such service or labor shall be due.' This clause was expressly inserted to enable owners of slaves to reclaim them. " This is a better security than any that now exists. No power is given to the General Government to interpose with respect to the property in slaves now held by the States. The taxation of this State being equal only to its representation, such a tax cannot be laid as he supposes. They cannot prevent the importation of slaves for twenty years; but, after that period, they can. The gentlemen from South Carolina and Georgia argued in this manner : * We have now liberty to import this species of property ; and much of the property now possessed had been pur- chased, or otherwise acquired, in contemplation of improv- ing it by the assistance of imported slaves. What would be the consequence of hindering us from it? The slaves of Virginia would rise in value, and we should be obliged to go to your markets.' I need not expatiate on this sub- VIRGINIA CONVENTION. 97 ject. Great as the evil is, a dismemberment of the Union Jnmes would be worse. If those States should disunite from the other States for not indulging- them in the temporary con- tinuance of this traffic, they might solicit and obtain aid from foreign powers. "■ Mr. Tyler warmly enlarged on the impolicy, iniquity, Joim and digracefulness of this wicked traffic. He thought the ^ ^^' reasons urged by gentlemen in defence of it were incon- clusive and ill-founded. It was one cause of the complaints against British tyranny, that this trade Avas permitted. The Revolution had put a period to it ; but now it was to be revived. He thought nothing could justify it. This tem- porary restriction on Congress militated, in his opinion, against the arguments of gentlemen on the other side, that Avhat was not given up was retained by the States; for that, if this restriction had not been inserted, Congress could have prohibited the Afi-ican trade. The power of prohibiting it was not expressly delegated to them ; yet they would have had it by implication, if this restraint had not been provided. This seemed to him to demonstrate most clearly the necessity of restraining tliem, by a Bill of Rights, from infringing our unalienable rights. It was im- material whether the Bill of Rights was by itself, or included in the Constitution. But he contended for it one way or the other. It would be justified by our own example and that of England. His earnest desire was, that it should be handed down to posterity that he had opposed this v/icked clause." — Elliofs Debates^ vol. iii. pp. 452-454. Patrick Henry was the most distinguished opponent of the Federal Constitution in the whole country. He had been appointed a delegate to the Convention at Philadelphia, but declined to attend. In the Vir- ginia State Convention he persistently endeavored to defeat its adoption. AVhen he found his efforts 98 HISTOEICAL RESEAECH. unsuccessful, like a true patriot, he ceased his oppo- sition. Although he detested slavery, he was un- willing to grant to the United-States Congress the power of abolishing it without the consent of the States. This power he thought he saw in the Con- stitution, though not directly expressed in its lan- guage. Patrick i' Among ten thousand implied powers which they may assume, they may, if we be engaged in war, h'berate every one of your slaves, if they please ; and this must and will be done by men, a majority of whom have not a common interest with you. They will, therefore, have no feeling of your interests. It has been repeatedly said here, that the great object of a National Government was national defence. That power which is said to be intended for security and safety may be rendered detestable and op- pressive. If they give power to the General Government to provide for the general defence, the means must be com- mensurate to the end. All the means in the possession of the people must be given to the Government which is in- trusted with the public defence. In this State, there are 286,000 blacks, and there are many in several other States : but there are few or none in the Northern States ; and yet, if the Northern States shall be of opinion that our slaves are numberless, they may call forth every national resource. May Congress not say that every black man must jigM? Did we not see a little of this last Avar ? We were not so hard pushed as to make emancipation general ; but acts of Assembly passed, that every slave who would go to the army should be free. Another thing will contribute to bring this event about : slavery is detested ; we feel its fatal effects ; we deplore it with all the pity of humanity. Let all these considerations, at some future period, press with full force on the minds of Congress, — let that ur- VIRGINIA CONVENTION, 99 banity, which I trust will distinguish America, and the Patrick necessity of national defence, — let all these things operate ^''"'^' on their minds : they will search that paper, and see if they have power of manumission. And have they not. Sir? Have they not power to provide for the general defence and welfare? May they not think that these call for the abolition of slavery ? May they not pronounce all slaves free ? and will they not be warranted by that power? This is no ambiguous implication or logical deduction. The paper speaks to the point. They have the power, in clear, unequivocal terms, and will clearly and certainly exercise it. As much as I deplore slavery, I see that prudence for- bids its abolition. I deny that the General Government ought to set them free, because a decided majority of tlie States have not the ties of sympathy and fellow-feeling for those whose interest would be affected by their emancipa- tion. The majority of Congress is to the North, and the slaves are to the &outh." — FlUofs Debates, vol. iii. pp. 589, 590. Governor Randolph had been a member of the Federal Convention ; but he had refused to sign the Constitution, wishing to be left free to oppose or to advocate its adoption when it came before his State for consideration. He afterwards, however, saw, that on the ratification of the Constitution hung all hopes of preserving the Union, and he now gave it his hearty support. He thus replied to Mr. Henry : — " Tliat honorable gentleman, and some others, have in- Edmund sisted that the abolition of slavery will result from it, and ^'"^'^^'^P^- at the same time have complained that it encourages its continuation. The inconsistency proves, in some degree the futihty of their arguments. But, if it be not conclu- sive to satisfy the committee that there is no danger of 100 HISTORICAL EESEARCH. Edmund cnfraiicliisement talviiig place, I beg leave to refer them du o i> 1. ^^ ^j^^ paper itself. I hope that there is none here, who, considering the subject in the calm light of philosophy, will advance an objection dishonorable to Virginia, — that, at the moment they are securing the rights of their citizens, an objection is started that there is a spark of hojje that those unfortunate men now held in ho7uIage may, by the operation of the General Government, be made free. But, if any gen- tleman be terrified by this apprehension, let him read the system. I ask, and I will ask again and again, till I be answered (not by declamation), Where is the part that has a tendency to the abolition of slavery? Is it the clause which says that ' the migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by Congress prior to the year 1808'? This is an exception from the power of regulating commerce, and the restriction is only to con- tinue till 1808. Then Congress can, by the exercise of that power, prevent future importations. But does it affect the existing state of slavery ? Were it right here to mention what passed in convention on the occasion, I might tell you that the Southern States, even South Carolina herself, conceived this property to be secure by these words. I believe, whatever we may think here, that there was not a member of the Virginia delegation who had the smallest susjncion of the abolition of slavery. Go to their meaning. Point out the clause where this formidable power of eman- cipation is inserted." — EllioVs Debates, vol. iii. pp. 598, 599. In North Carolina, a Convention, " for the purpose of deliberating and determining on the proposed Constitution," was called by the Legislature. It as- sembled in Hillsborough on the 21st of July, 1788 ; and continued its session till Aug. 2d, when it adjourned without either adopting or rejecting the Constitution. XORTH-CAROLINA CONVENTION. 101 A few extracts from the debates will show how slavery was regarded in its connection with the Fede- ral Constitution. " Mr. Davie. . . . The gentleman ' does not wish to Wiiiiam r. be represented with negroes.' This, Sir, is an unhappy species of population ; but we cannot at present alter their situation. The Eastern States had great jealousies on this subject. They insisted that their cows and horses were equally entitled to representation ; that the one was prop- erty as well as the other. It became our duty, on the other hand, to acquire as much weight as possible in the legislation of the Union ; and, as the Northern States were more populous in whites, this only could be done by insist- ing that a certain proportion of our slaves should make a part of the computed population. It was attempted to form a rule of representation from a compound ratio of wealth and j3opulation : but, on consideration, it was found impracticable to determine the comparative value of lands and other property, in so extensive a territory, with any degree of accuracy ; and population alone Avas adopted as the only practicable rule or criterion of representation. It was urged by the deputies of the Eastern States, that a representation of two-fifths would be of little utility, and that their entire representation would be unequal and bur- densome ; that, in a time of war, slaves rendered a coun- try more vulnerable, while its defence devolved upon its free inhabitants. On the other hand, we insisted, that, in time of peace, they contributed, by their labor, to the gene- ral wealth, as well as other members of the community ', that, as 7'ational beings, they had a right of rej^resentatio?!, and, in some instances, might he highly useful in war. On these principles, the Eastern States gave the matter up, and consented to the regulation as it has been read. I hope these reasons will appear satisfactory." — EllioVs Debates, vol. iv. p. 30, 31. M'Dowall. 102 HISTOEICAL EESEARCH. When the ninth section was under discussion, Mr. M 'Do wall wished to hear the reasons of the restric- tion on Congress in regard to prohibiting the impor- tation of slaves before the year 1808. Richard D. '' ]\[r. Spaight answered, that there was a contest between '^'"° ' ' the Northern and Southern States ; that the Southern States, whose principal support depended on the labor of slaves, would not consent to the desire of the Northern States to exclude the imjDortation of slaves absolutely ; that South Carolina and Georgia insisted on this clause, as they were now in w^ant of hands to cultivate their lands ; that, in the course of twenty years, they would be fully supplied ; that the trade would be abolished then ; and that, in the mean time, some tax or duty might be laid on. jo<;eph " Mr. M'DowALL replied, that the explanation was just such as he expected, and by no means satisfactory to him ; and that he looked upon it as a very objectionable part of the system. James " Mr. Iredell. Mr. Chairman, I rise to express senti- ments similar to those of the gentleman from Craven. For my part, were it practicable to put an end to the importa- tion of slaves immediately, it would give me the greatest pleasure : for it certainly is a trade utterly inconsistent with the rights of humanity, and under which great cruel- ties have been exercised. When the entii-e abolition of slavery takes place, it luill be an event lohich must be pleasing to every generous mind and every friend of human nature ; but we often wish for things ivhich are not attainable. It loas the loish of a great majority of the Convention to put an end to the trade immediately ; but the States of South Carolina and Georgia ivould not agree to it. Consider, then, what would be the diflerence between our present situation in this respect, if we do not agree to the Constitution, and what it will be if w^e do agree to it. If we do not agree to it, do we remedy the evil ? No, Sir : Iredell. NORTH-CAROLINA CONVENTION. 103 we do not ; for, if the Constitution be not adopted, it will .Tames 1 . 1 r, cf • • r Iiedell. be m the power oi every fetate to contniue it lor ever. They may or may not abolish it at their discretion. But, if we adopt the Constitution, the trade must cease after twenty years, if Congress declare so, whether particular States please so or not : surely, then, we can gain by it. This was the the utmost that could be obtained. I heartily wish more could have been done ; but, as it is, this Gov- ernment is nobly distinguished above others by that very provision. Where is there another country in which such a restriction prevails ? We therefore, Sir, set an example of humanity, by providing for the abolition of this inhuman traffic, though at a distant period. I hope, therefore, that this part of the Constitution will not be condemned because it has not stipulated for what was impracticable to ob- tain. " Mr. Galloway, Mr. Chairman, the explanation given James to this clause does not satisfy my mind. I wish to see this "' '^^''"^" abominable trade put an end to. But in case it be thought proper to continue this abominable traffic for twenty years, yet I do not wish to see the tax on the importation extend- ed to all persons whatsoever. Our situation is different from the people to the North. We want citizens : they do not. Instead of laying a tax, we ought to give a bounty to encourage foreigners to come among us. With respect to the abolition of slavery, it requires the utmost consider- ation. The property of the Southern States consists principally of slaves. If they mean to do away slavery altogether, this property will be destroyed. I apprehend it means to bring forward manumission. If we must manu- mit our slaves, what country shall we send them to ? It is impossible for us to be happy, if, after manumission, they are to stay among us. " Mr. Iredell There is another circumstance James to be observed. There is no authority vested in Congress "^^ ^ ' 104 HISTORICAL RESEARCH. to restrain the States, in the interval of twenty years, from doing what they please. If they wish to prohibit such importation, they may do so." — Elliotts Debates, vol. iv. pp. 100-102. In South Carolina, the Constitution was discussed in the Legislature before the Convention was called. Two or three extracts from the speeches made before that body will end these specimens of the Debates. Rawlins " Mr. LowNDES remarked, that we had a law prohibit- ing the importation of negroes for three years, — a law he greatly approved of; but there was no reason oftered Avhy the Southern States might not find it necessary to alter their conduct, and open their ports. Without negroes, this State would degenerate into one of the most contemptible in the Union; and he cited an expression that fell from General Pinckney on a former debate, that, whilst there remained one acre of swamp-land in South Carolina, he should raise his voice against restricting the importation of negroes. Even in granting the importation for twenty years, care had been taken to make us jiay for this indulgence ; each negro being liable, on importation, to pay a duty not ex- ceeding ten dollars ; and, in addition to this, they were liable to a capitation tax. Negroes were our wealth, our only natural resource ; yet behold how our kind friends in the North were determined soon to tie up our hands, and drain us of what we had ! The Eastern States drew their means of subsistence, in a great measure, from their ship- ping ; and, on that head, they had been particularly careful not to allow of any burdens. They were not to pay tonnage or duties ; no, not even the form of clearing out : all ports were free and open to them ! Why, then, call this a recip- rocal bargain, whicli took all from one party, to bestow it on the oiliQY'V — Elliot's Debates, vol iv. pp. 272, 273. SOUTH-CAROLINA LEGISLATURE. 105 General Charles Coteswortli Pinckney had been a member of the Federal Convention, and was an ear- nest and able supporter of the rights of the State he represented. He was undoubtedly sincere in his belief that he had made for his constituents pretty good terms in regard to their special interests, and that they ought to be satisfied with the Constitution, and vote for its adoption. " You have so frequently heard my sentiments on this Gen. c.C. subject, that I need not now repeat them. It was alleged ^^^ °^^' by some of the members who opposed an unlimited impor- tation, that slaves increased the weakness of any State who admitted them ; that they were a dangerous species of property, which an invading enemy could easily turn against ourselves and the neighboring States ; and that, as we were allowed a representation for them in the House of Representatives, our influence in government would be increased in proportion as we were less able to defend our- selves. ' Show some period,' said the members from the Eastern States, ' when it may be in our power to put a stop, if we please, to the importation of this weakness, and we will endeavor, for your convenience, to restrain the reli- gious and political prejudices of our people on this subject.' The Middle States and Virginia made us no such proposi- tion : they were for an immediate and total prohibition. AVe endeavored to obviate the objections that were made, in the best manner we could, and assigned reasons for our insisting on the importation; which there is no occasion to repeat, as they must occur to every gentleman in the house. A Committee of the States was appointed, in order to accommodate this matter ; and, after a great deal of difficulty, it was settled on the footing recited in the Con- stitution. " By this settlement, we have secured an unlimited im- 14 106 HISTOEICAL EESEARCH. Gen. c. c. portatioii of negroes for twenty years. Nor is it declared inc-nej. ^^^^^ ^^^^ importation shall be then stopped: it may be continued. We have a security that the General Govern- ment can never emancipate them ; for no such authority is granted : and it is admitted, on all hands, that the General Government has no powers but what are expressly grant- ed by the Constitution, and that all rights not expressed were reserved by the several States. We have obtained a right to recover our slaves in whatever part of America they may take refuge ; which is a right we had not before. In short, considering all circumstances, we have made the best terms for the security of this species of property it was in our power to make. We would have made better, if we could ; but, on the whole, I do not think them had." — ElUofs Debates, vol. iv. pp. 285, 286. Outside, also, of the State Conventions, opinions in regard to the effect of the Federal Constitution on slavery were divided. Two letters, written on the same day, in different parts of the country, by persons of high character and great influence in their respective States, will exhibit these differing views. Dr. Ramsay, the historian of South Carolina, in a letter to General Lincoln, dated Charleston, Jan. 29, 1788, says, — Doctor ii Our Assembly is now sitting;, and have unanimously agreed to hold a convention. By common consent, the merits of the Federal Constitution were freely discussed on that occasion, for the sake of enlightening our citizens. Mr. [Rawlins] Lowndes was the only man who made direct, formal opposition to it. His objections were local, and proceeded from an illiberal jealousy of .New-England men. lie urged that you would raise freights on us, and, in short, that you were too cunning for our honest people ; OPINIONS RESPECTING THE CONSTITUTION. 107 that your end of the Continent would rule the other ; and Doctor that the sun of our glory would set when the new Consti- ^''"'=''''- tution operated. He has not one Federal idea in his head. He is said to be honest, and free from debt : but he was an enemy to independence ; and, though our President in 1778, he was a British subject in 1780. His taking pro- tection was rather the passive act of an old man than otherwise. He never aided or abetted the British Govern- ment directly ; but his example was mischievous. His op- position has poisoned the minds of some. " I fear the numerous class of debtors more than any other. On the whole, I have no doubt the Constitution will be accepted by a very great majority in this State. The sentiments of our leading men are, of late, much more Federal than formerly. This honest sentiment was avowed by the first characters: 'New England has lost, and we have gained, by the war ; and her suffering citizens ought to be our carriers, tliough a dearer freight should be the consequence.' Your delegates never did a more politic thing than in standing by those of South Carolina about negroes. Virginia deserted them, and was for an imme- diate stoppage of further importation. The [Old] Do- minion has lost much popularity by the conduct of her delegates on this head. The language now is, ' The East- ern States can soonest help us in case of invasion ; and it is more our interest to encourage them and their shipping than to join with or look up to Virginia.' " In short. Sir, a revolution highly favorable to union has taken place : Federalism, and liberality of sentiment, have gained great ground. Mr. Lowndes still thinks you are a set of sharpers, and does not wonder that you are for the new Constitution ; as, in his opinion, you Avill have all the advantage. He thinks you begrudge us our negroes. But he is almost alone." — Boweii's Life of Gen. Lincoln, {Sparks' s Amer. Biogr., 2d Series, vol. xiii.,) pp. 410-412. 108 HISTORICAL RESEARCH. In a letter to Dr. Hart of Preston, dated 29tli Jan- nary, 1788, the Rev. Dr. Hopkins of Newport, E. I., writes thus : — Rev. Dr. '' The new Constitution, you observe, guarantees this "^^ '"^' trade for twenty years. I fear, if it be adopted, this will prove an Achan in our camp. How does it appear in the sight of Heaven and of all good men, well informed, that these States, who have been fighting for liberty, and consi- der themselves as the highest and most noble example of zeal for it, cannot agree in any political Constitution, unless it indulge and authorize them to enslave their fellow-men ! I think if this Constitution be not adopted as it is, without any alteration, we shall have none, and shall be in a state of anarchy, and probably of civil war. Therefore I wish to have it adopted ; but still, as I said, 1 fear. And per- haps civil war will not be avoided, if it be adopted. Ah ! these unclean spirits, like frogs, — they, like the Furies of the poets, are spreading discord, and exciting men to con- tention and war, wherever they go ; and they can spoil the best Constitution that can be formed. When Congress shall be formed on the new plan, these frogs will be tliere ; for they go forth to the kings of the earth, in the first place. They will turn the members of that august body into devils, so far as they are permitted to influence them. Have they not already got possession of most of the men who will or can be chosen and appointed to a place in that assembl}^ ? I suppose that even good Christians are not out of the reach of influence from these frogs. ' Blessed is he that watcheth and keepeth his garments.'" — Parle's Memoir of Hopkins, pp. 158, 159. I have thus attempted to give a fair representation of the different shades of opinion on the Constitution in its relations to slavery, as expressed by the leading statesmen at the North and at the South. In the ample PURPOSE OF THE CONSTITUTION. 109 extracts from the Debates which have been presented, an apparent hick of harmony may be discovered among the arguments used in various parts of the country, whether in urging its adoption or its rejec- tion. With an earnest zeal to secure for their country so great a boon as a firmly established Constitutional Government, its advocates may have pressed a little too stronirlv the arguments in favor of the views most acceptable to the particular State which at the time had the matter under consideration. On the other hand, the opponents of the Constitution undoubtedly exaggerated the evils which, it was supposed, it would entail upon the States, and perhaps unconsciously misrepresented the effects of the different clauses referrino; to slaverv. One thing is certain, that whilst the delegates from Georgia and South Carolina asked only a temporary toleration of the slave-trade, and non-interference with their local arrangements respecting domestic slavery, (declaring that, if let alone, they might themselves, as soon as it was practicable, stop the importation of slaves,) the common sentiment, in the Convention and throughout the country, was, that the letter and the spirit of the Constitution, fairly interpreted and faithfully applied, afforded a full guaranty of uni- versal freedom throughout the Union at no distant day. The purpose of the Constitution was put into the preamble in no equivocal language, and for no doubtful purpose. It was " to secure liberty," and not to protect slavery : for liberty had been declared 110 HISTORICAL RESEARCH. to be a natural, national, and unalienable right ; while slavery was known to be an unnatural, sectional, tem- porary evil. It was intended, that, under the Con- stitution, slavery should, and it was expected that it would, at no distant day, be abolished. The distinguished English moralist. Dr. Paley, published his " Moral and Political Philosophy " two years after our National Independence had been acknowledged. In his chapter on Slavery, he placed permanently on record his view of the effect of the principles promulgated by the American patriots, in these words : " The great Revolution which has taken place in the Western World may probably conduce (and who knows but that it was designed 1) to accele- rate the fall of this abominable tyranny." Half a century later, in the Senate of the United States, Daniel Webster, the great defender of the Constitution, re-affirmed the principles of the Found- ers of the Republic in an immortal sentence, which it would be well for his countrvmen now to heed. It is applicable in a broader sense than its author on that occasion intended : " Liberty and Union, now AND FOR EVER, ONE AND INSEPARABLE." II. NEGROES AS SOLDIERS. 11. NEGIIOES AS SOLDIERS. A QUESTION of much importance is presented to our National Government at this time, respecting the employment of negroes as soldiers. Those on whom devolves the responsibility of suppressing this monstrous Rebellion, must ultimately, and at no distant day, decide the matter. In their decision, they will undoubtedly be influenced by a regard to the usage and experience, in this respect, of those who directed our military affairs in the war of Independ- ence, as well as by a consideration of the probable effect of their action on our loyal soldiers, and on the armed traitors M'ho are arrayed against them. It is not strange that the President, on whom, more than on all others, rests the responsibility of taking the final step in this direction, should pause a while to consider the subject in all its bearings, and to allow public opinion to shape itself more distinctly, that his decision, when made, shall have from the Xation a cordial and general support. 15 114 HISTORICAL RESEARCH. Public opinion heretofore has been divided on this question. In one direction, whenever the subject of negro soldiers is mentioned, there is an outcry, as if an atrocious and unheard-of policy were now about to be inaugurated, — something at variance with the prac- tice of our Revolutionary leaders, and abhorrent to the moral sentiment and the established usage of civilized and Christian warriors. On the other hand, the gallant Governor of Rhode Island, a conservative of the first degree, but con- vinced that there is something more worthy of conser- vation than treacherous timidity or popular prejudice, calls upon the colored people of his own patriotic State to follow the example of their fathers in the war of Seventy-six, and form themselves into a regi- ment, which he proposes, at the proper time, to lead to the field in person : — " For he to-day that sheds his blood with me Shall be my brother: be he ne'er so vile, This day shall gentle his condition." To throw some light from the history of the past, I propose, by a reference to the annals of the American Revolution and a citation of competent authorities, to exhibit the opinions of the patriot statesmen and soldiers of that period, and their action in regard to negroes as soldiers, as well as the result of their experiment. Two or three incidents in the earliest conflicts with the British troops will show how little prejudice there was against negroes at the commencement of THE BOSTON MASSACRE. 115 the war, and how ready the citizens generally were, not only to secure their services as fellow-soldiers, but to honor them for their patriotism and valor, be- fore there had been any specific legislation or any particular policy on the subject proposed. In the " Boston Gazette, or Weeklv Journal," of Tuesday, Oct. 2, 1750, there was published the fol- lowing advertisement : — " T) AN-away from his Mastei' William Brown of Frammgham, -*-^ on the 30th of Sept. last, a Mohitto Fellow, about 27 Years of Age, named Crispas, 6 Feet 2 Inches high, short curl'd ILair, his Knees nearer together than common ; had on a light colour'd Bearskin Coat, plain brown Fustian Jacket, or brown all- Wool one, new Buckskin Breeches, blue Yarn Stockings, and a checked woolen Shirt. " Whoever shall take up said Run-away, and convey him to his abovesaid Master, shall have ten Pounds, old Tenor Reward, and all necessary Charges paid. And all Masters of Vessels and others, are hereby cautioned against concealing or carrying off said Servant on Penalty of the Law. Boston, October 2, 1750." The " Molatto Fellow," it seems, did not speedily return to his master, notwithstanding the reward which was offered; for, on the 13th and 20th of No- vember, another advertisement, similar to the above, was published in the same Journal. The next time that his name appeared in a Boston newspaper, twenty years later, it was under very dif- ferent circumstances. He was no longer a fugitive slave, but a hero and a martyr. The Boston Massacre, March 5, 1770, may be J^"^'"" ' ' ' J Massacre, regarded as the first act in the drama of the Ameri- J^Jq'^ ^' 116 HISTORICAL RESEARCH. Boston can Revolution. " From that moment," said Daniel M;iss:icre, jwchs, ^Yebster, " we mav date the severance of the British 17/0. ' Empire." The presence of the British soldiers in King Street excited the patriotic indignation of the peoi^le. The whole community was stirred, and sage counsellors were deliberating and writing and talk- ing about the public grievances. But it was not for " the wise and prudent " to be the first to act against the encroachments of arbitrary power. " A motley rabble of saucy boys, negroes and mulat- toes, Irish Teagues, and outlandish Jack tars," (as John Adams described them in his plea in defence of the soldiers,) could not restrain their emotion, or stop to inquire if what they must do was according to the letter of any law. Led by Crispus Attucks, the mulatto slave, and shouting, " The way to get rid of these soldiers is to attack the main guard ; strike at the root ; this is the nest," with more valor than discretion they rushed to King Street, and were fired upon by Captain Preston's Company. Crispus Attucks was the first to fall : he and Samuel Gray and Jonas Caldwell were killed on the spot. Samuel Maverick and Patrick Carr were mortally wounded. The excitement which followed was intense. The bells of the town were rung. An impromptu town- meeting was held, and an immense assembly was gathered. Funeral Tlirec davs after, on the 8th, a public funeral of 01 the • ' ' -L martjrs. ^\^q martyrs took place. The shops in Boston were closed ; and all the bells of Boston and the neighbor- THE BOSTON MASSACRE. 117 inp: towns were rniis:. It is said that a q-reater F"nevai ~ ^ c> of the number of persons assembled on this occasion than ^'I'tys- were ever before gathered on this continent for a similar purpose. The body of Crispus Attucks, the mulatto slave, had been placed in Faneuil Hall, with that of Caldwell ; both being strangers in the city. Maverick was buried from his mother's house in Union Street ; and Gray, from his brother's in Royal Exchange Lane. The four hearses formed a junction in King Street ; and there the procession marched in columns six deep, with a long file of coaches belong- ing to the most distinguished citizens, to the Middle Bnrying-ground, where the four victims were deposited in one grave ; over which a stone was placed with this inscription : — - " Long as in Freedom's cause the wise contend, Dear to your country shall your fame extend; While to the world the lettered stone shall tell Where Caldwell, Attucks, Gray, and Maverick fell." The anniversary of this event was publicly com- memorated in Boston by an oration and other exer- cises every year until after our national Independence was achieved, when the Fourth of July was substituted for the Fifth of ]SIarch as the more proper day for a general celebration. Not only was the event com- memorated, but the martyrs who then gave up their lives were remembered and honored. Dr. Joseph Warren, in his Oration in March, 1775, only tvvo months before he showed the sincerity of his senti- ments by sealing them with his own precious blood, 118 HISTORICAL RESEARCH. gave utterance to the following bold and timely words : — Joseph '^ That personal freedom is the natural right of every WaiTeii. j^Q^^^ r^,^(j ^ij^^f; property, or an exclusive right to dispo*se of what he has honestly acquired by his own labor, necessarily arises therefrom, are truths which common sense has placed beyond the reach of contradiction. And no man, or body of men, can, without being guilty of flagrant injustice, claim a right to dispose of the persons or acquisitions of any other man, or body of men, unless it can be proved that such a right has arisen from some compact between the parties, in which it has been explicitly and freely granted." — Ora- tion, p. 5. At the battle of Bunker Hill, on the memorable B^iuieor' ^^^^^^ of June, 1775, negro soldiers stood side by side, Hm.'^^"^ and fought bravely, with their w^hite brethren. If on the monument which commemorates that event ^Yeve inscribed the names of those most worthy of honor for their heroic deeds on that day, high up on the shaft, with the names of Warren and Prescott, we should find that of Peter Salem, a negro soldier, once a slave. Major Pitcairn, of the British Marines, it is well known, fell just as he mounted the redoubt, shout- ing " The day is ours ! " The shot which laid him low was fired by Peter Salem. Although the shaft does not bear his name, the pencil of the artist has portrayed the scene, the pen of the impartial historian has recorded his achieve- ment, and the voice of the eloquent orator has re- sounded his valor. Peter Salem. BATTLE OF BUNKER HILL. 119 Colonel Trumbull, in his celebrated historic picture Coionei Trumbull's of this battle, introduces conspicuously the colored picture. patriot. At the time of the battle, the artist, then act- ing as adjutant, was stationed with his regiment in Koxbury, and saw the action from that point. The picture was painted in 1786, when the event was fresh in his mind. It is a significant historical fact, pertinent to our present research, that, among the limited number of figures introduced on the canvas, more than one negro soldier can be distinctly seen. And here I may venture to publish an extract from a letter written to me recently by Aaron White, Esq., of Thompson, in Connecticut, in answer to an in- quiry on this subject: — " With regard to the black hero of Bunker Hill, I never Aaron . . . White's knew him personally, nor did I ever hear from his lips the account story of his achievements ; but I have better authority. Saiem.^'^ About the year 1807, I heard a soldier of the Revolution, who was present at the Bunker-Hill battle, relate to my father the story of the death of Major Pitcairn. He said the Major had passed the storm of our fire without, and had mounted the redoubt, when, waving his sword, he commanded, in a loud voice, the ' rebels' to surrender. His sudden appearance and his commanding air at first startled the men immediately before him. They neither answered nor fired; probably not being exactly certain what was next to be done. At this critical moment, a negro soldier stepped forward, and, aiming his musket directly at the major's bosom, blew him through. My informant declared that he was so near, that he distinctly saw the act. The story made quite an impression on my mind. I have fre- quently heard my father relate the story, and have no doubt of its truth. My father, on the day of the battle, was a 120 HISTORICAL RESEARCH. Account mere child, and witnessed the battle and the burning of Salem" Charlestown from Roxbury Hill, sitting on the shoulders of the Rev. Mr. Jackson, who said to him as he replaced him on the ground, ' Now, boy, do you remember this.' Consequently, after such an injunction, he would necessa- rily pay particular attention to anecdotes concerning the first and only battle he ever witnessed." The llev. William Barry in his excellent " History of Framinoiiam," and the Hon. Emory Washburn in his valuable " History of Leicester," give pretty full accounts of the colored patriot, who acted so impor- tant a part on that memorable occasion. Mr. AVasli- burn says, — Emory <' That shot was undoubtedly fired by Peter; and the Washburn. , _ _ _ '' _ '' _ _ death of Major Pitcairn, with its accompanying circum- stances, formed one of the most touching incidents of this eventful day After the war, he came to Leicester, and continued to reside there till a short time before his death. The history of the town would be in- complete without giving him a place He was born in Framingham, and was held as a slave, probably until he joined the army ; whereby, if not before, he be- came free. This was the case with many of the slaves in Massachusetts, as no slave could be mustered into the army. If the master suffered this to be done, it worked a practical emancipation. Peter served faithfully as a soldier, during the war, in Col. Nixon's regiment. A part of the time, he was the servant of Col. Nixon, and always spoke of him in terms of admiration." — History of Leicester, pp. 266, 267, 308. When the statue of General Joseph Warren was inaugurated on the 17th of June, 1857, the Honorable BATTLE OF BUNKER HILL. 121 Edward Everett, in his Address, did not forget to mention the colored patriot, and thns to secure for his act perpetual record. Such an honor far ex- ceeds that of any sculptured stone. Pointing to the obelisk, Mr. Everett said : — " It commemorates no individual man or State. It Edward 1 • . Kv6rGtt's stands, indeed, on the soil of Massachusetts, where the honorable battle was fought ; but there it stands equally for Con- oT'peter necticut, New Hampshire, and Rhode Island, and the Salem, younger sisters of the New-England familj^, Vermont and Maine, whose troops shared with ours the dangers and honors of the day. It stands for Prescott and Warren, but not less for Putnam and Stark and Greene. No name adorns the shaft; but ages hence, though our alphabets may become as obscure as those which cover the monu- ments of Nineveh and Babylon, its uninscribed surface (on which monarchs might be proud to engrave their titles) will perpetuate the memory of the 17th of June. It is the monument of the day of the event of the battle of Bunker Hill ; of all the brave men who shared its perils, — alike of Prescott and Putnam and Warren, the chiefs of the day, and the colored man, Salem, who is reported to have shot the gallant Pitcairn, as he mounted the parapet. Cold as the clods on which it rests, still as the silent heavens to which it soars, it is yet vocal, eloquent, in their undivided praise." — Orations and Sjjeeches, vol. iii. p. 529. Another colored soldier, who participated in the battle of Bunker Hill, is favorably noticed in a peti- tion to the General Court, signed by some of the principal officers, less than six months after the event. It is printed from the original manuscript in our State Archives, 16 122 HISTOEICAL RESEARCH. " To the Honorable General Court of the Massachusetts Bay. " The subscribers beg leave to report to your Honora- ble House (which we do in justice to the character of so brave a man), that, under our own observation, we declare that a negro man called Salem Poor, of Col. Frye's regi- ment, Capt. Ames' company, in the late battle at Charles- town, behaved like an experienced officer, as well as an excellent soldier. To set forth particulars of his conduct would be tedious. We would only beg leave to say, in the person of this said negro centres a brave and gallant soldier. The reward due to so great and distinguished a character, we submit to the Congress. •JoNA. Brewer, Col. Thomas Nixon, Lt.-Col. Wm. Prescott, Co1°- Eph"- Corey, Lieut. JosEPU Baker, Lieut. JosniTA Row, Lieut. Jonas Richardson, Capt. EUPHALET BonWELL, Sgt. JosiAH Foster, Lieut. Ebenr. Varnum, 2d Lieut. Wm. Hudson Ballard, Cpt. William Smith, Cap. John Morton, Sergt. [?] Lieut. Richard Welsh. " Cambridge, Dec. 5, 1775. " In Council, Dec. 21, 1775. — Read, and sent down. " Perez Morton, Dep^y Sec'yy (Massachusetts Archives, vol. clxxx. p. 24L) Here I cannot forbear calling attention to the opinion of one Avho was a brave soldier, not only in this battle, but from the commencement to the close of the Revolution ; and whose name continues to be honored in his children and his children's children in our own city. Major <' Samuel Lawrence w^as born in Groton, April 24, 1754; Lawrence. . •!• ^ -, -r-» and was, therefore, ni his early manhood when our Revo- lutionary struggle commenced. In common with all the hardy, intelligent, liberty-loving yeomanry of New England, he espoused the cause of the Colonies, and devoted himself BATTLE OF BUNKER HILL. 123 to it with a courage that never failed, a constancy that Major never faltered, till his country had passed ' from impending- servitude to acknowledged independence.' At work in the field, ploughing his paternal acres, when the news of the attack upon Concord reached Groton, he immediately unloosed a horse from his team, and, mounting, rode rapidly through Groton and some of the adjoining towns, spreading the alarm, and summoning the militia to assemble. He returned in season to join his own company at the church at Groton, at twelve o'clock ; where, after prayer offered by the pastor of the town, they started for Concord, helped to swell that impetuous tide of resistance which drove back the invaders, and slept that night on Cambridge Common, after a forced march of thirty miles, and hot skirmishes with the retreating foe. From that time to the peace of 1783, he was 'a soldier of the Revolution'; and, with the exception of one or two brief visits to his family and friends at Groton, he was in actual service throughout the whole war. He rose to the rank of major, and for a considerable period was attached to Gen. Sullivan's staff as adjutant; an office for which his powerful lungs and sonorous voice, wdiich could be heard throughout a long line of troops, peculiarly fitted him. He was in many of the severest battles of the Revolution. " At Bunker Hill, where he was slightly wounded, his coat and hat were pierced with the balls of the enemy, and were preserved in the family for many years. At one time he commanded a company whose rank and file were all negroes, of whose courage, military discipline, and fidelity, he always spoke with respect. On one occasion, being out reconnoitring with this company, he got so far in advance of his command, that he was surrounded, and on the point of being made prisoner by the enemy. The men, soon discovering his peril, rushed to his rescue, and fought with the most determined bravery till that rescue was effectually secured. He never forgot this circum- 124 HISTORICAL RESEARCH. stance, and ever after took especial pains to show kind- ness and hospitality to any individual of the colored race who came near his dwelling." — Blemoir of William Law- rence, by Bev. 8. K. Lothrop, D.D., pp. 8, 9. A single passage from Mr. Bancroft's History will give a succinct and clear account of the condition of the army, in respect to colored soldiers, at the time of the battle of Bunker Hill : — George <' Nor should history forget to record, that as in the Bancroft. /-,,•-, , . , . ^^ ^ army at Cambridge, so also in this gallant band, the free negroes of the Colony had their representatives. For the right of free negroes to bear arms in the public defence was, at that day, as little disputed in New England as their other rights. They took their place, not in a separate corps, but in the ranks with the white man ; and their names may be read on the pension-rolls of the country, side by side with those of other soldiers of the Revolution." — Bancro/Vs Hist, of the U. 8., vol. vii. p. 421. At the commencement of the war, it appears to have been customary for the free negroes to be enrolled with white citizens in the militia. In many instances, slaves also stood in the ranks with freemen. The inconsistency, however, in using as soldiers, in an army raised for establishing National Liberty, those who were held in bondage, was too gross for the j)i'actice long to continue. This was virtually acknowledged in a Resolution which was adopted before the first great battle had been fought. On the 20th of May, the Committee of Safety '' Besolved, That it is the opinion of this Committee, as the contest now between Great Britain and the Colonies NEGRO SOLDIERS NO LONGER SLAVES. 125 respects the liberties and privileges of the latter, which Committee 1 V, 1 • 1 -1 • • , , ' . . of Sul'ety. the Colonies are determined to maintain, that the admission of any persons, as Soldiers, into the Army now raising, but only such as are Freemen, will be inconsistent with the principles that are to be supported, and reflect dishonor on this Colony; and that no Slaves be admitted into this army upon any consideration whatever." — Force's American Archives, Fourth Series, vol. ii. p. 762. The celebrated divine, the Rev. Dr. Hopkins of Newport, E,. I., soon after the commencement of hos- tilities, published a "Dialogue concerning the Slavery of the Africans," which he dedicated to " The Honor- able Continental Congress." As this tract was re- issued in New York by the Manumission Society, of which Robert R. Livingston, Alexander Hamilton, and John Jay were active members, and a copy of "it sent, by their direction, to each member of Congress, the views it contains are quite important as illustrating the sentiment of some of the ablest men of that time. The following extract is from a note to the " Dialogue : " — " God is so ordering it in his providence, that it seems Rev. Dr. absolutely necessary something should speedily be done °f^''"®- with respect to the slaves among us, in order to our safety, and to prevent their turning against us in our present struggle, in order to get their liberty. Our oppressors have planned to gain the blacks, and induce them to take up arms against us, by promising them liberty on this con- dition ; and this plan they are prosecuting to the utmost of their power, by which means they have persuaded numbers to join them. And should we attempt to restrain tliem by force and severity, keeping a strict guard over them, and 126 HISTOEICAL RESEARCH. Rev. Dr. punishing them severely who shall be detected in attempt- Hopkius. . . . I • •II 1 1 I'll ing to join our opposers, this will only be making bad worse, and serve to render our inconsistence, oppression, and cruelty more criminal, perspicuous, and shocking, and bring down the righteous vengeance of Heaven on our heads. The only way pointed out to prevent this threaten- ing evil is to set the blacks at liberty ourselves by some public acts and laws, and then give them proper encourage- ment to labor, or take arms in the defence of the American cause, as they shall choose. This Avould at once be doing them some degree of justice, and defeating our enemies in the scheme that they are prosecuting." — Hopkins^s Works, vol. ii. p. 584. Many slaves were manumitted that they might be- come soldiers. They served faithfully to the close of the war. Their skill and bravery were never called in question, but, on the contrary, were frequently com- mended. There does not, however, appear to have been, at that time, any special legislation sanctioning the employment of Negroes as soldiers. Authority was given by the Provincial Congress of South Caro- lina, Nov. 20, 1775, for military officers to use slaves for certain purposes, as will be seen by the following resolution : — South '' On motion, Resolved, That the colonels of the several Carolina . „ ... . Priiviiiciai regiments of mihtia throughout the Colony have leave to ° ■ enroll such a number of able male slaves, to be employed as pioneers and laborers, as public exigencies may require ; and that a diily pay of seven shillings and sixpence be allowed for the service of each such slave while actually employed." — American Archives, Fourth Series, vol. iv. p. 61. NECxROES AS SOLDIERS. 127 This resolution must not be regarded as a "feneral ^^nsettied <-" c policy sanction, on the part of South Carolina, of the employ- [,e*lmes"„f ment of slaves as soldiers. Such was far from being *°^'^'®''®' the case. Although some of her ablest statesmen and bravest soldiers on several occasions advocated strong- ly in the Continental Congress, and in the Provincial Legislature, such a use of Negroes, there was a strong, successful, and disastrous opposition to the measure. The first general order issued by Ward, the com- manding officer, required a return of the "complex- ion " of the soldiers. It would be interesting, and not very difficult for any one who has access to the early rolls of the army, and leisure to examine them, to ascertain the number of negroes who became sol- diers. It would also be interesting, and perhaps not wholly unprofitable, to trace the progress of opinion on this subject, from the time when the opposition to negro soldiers first commenced, until it was so far overcome, that nearly every State, by legislative act or by practice, sanctioned their employment. The most that I can do, in this paper, is to produce some specimens of the opinions, laws, and action of that period. It may be well to observe, that what has caused so much complaint in the management of the present civil war — the apparently vacillating action and unsettled policy of the administration and the army with regard to the use of negroes as soldiers — is not without a precedent, " an historic parallel," in the annals of the Revolutionary War. 128 HISTORICAL RESEARCH. Although slavery existed throughout the country, it is a significant fact, that the principal opposition to negro soldiers came from the States where there was the least hearty and efficient support of the principles of Republican Government, and the least ability or disposition to furnish an equal or fair quota of white soldiers. South Carolina and Georgia contained so many Tories, at one time, that it was supposed the British officers, who elscAvhere would, by proclamation, free all negroes joining the Royal Army, might hesitate to meddle with them in these Colonies, lest " the king's friends " should suff"er thereby. John Adams, in his " Diary," under the date of 28th of September, 1775, gives an account of an inter- view with Mr. Bullock and Mr. Houston, of Georgia ; in which the following statement occurs : — ^^dT^th " ^^^® question was, whether all America was not in a Carolina, state of war, and whether we ought to confine ourselves to act upon the defensive only ? He was for acting offen- . sively next spring or this fall, if the petition was rejected or neglected. If it was not answered, and favorably answered, he would be for acting against Britain and Britons, as, in open war, against French and Frenchmen ; fit privateers, and take their ships anywhere. These gentlemen give a melancholy account of the state of Georgia and South Carolina. They say, that if one thou- sand regular troops should land in Georgia, and their commander be provided with arms and clothes enough, and proclaim freedom to all the negroes who would join his camp, twenty thousand negroes would join it from the two Provinces in a fortnight. The negroes have a OPPOSITION TO NEGRO SOLDIERS. 129 wonderful art of communicating- intelligence among them- selves : it will run several Imndreds of miles in a week or fortnight. They say their only security is this : that all the king's friends, and tools of government, have large plantations, and property in negroes ; so that the slaves of the Tories would be lost, as well as those of the Whio-s." — Works of John Adams, vol. ii. p. 428. On the lOtli of July, 1775, there was issued at Cambridge, by General Gates, an order determining- what persons were to be excluded by the recruiting officers, who were immediately to go upon that ser- vice. « " You are not to enlist any deserter from the Ministerial Order Army, nor any stroller, negro, or vagabond, or person sus- eniist- pected of being- an enemy to the liberty of America, nor ™®"'*- any under eighteen years of age. " As the cause is the best that can engage men of courage and principle to take up arms, so it is expected that none but such will be accepted by the recruiting- officer. The pay, provision, &c., being so ample, it is not doubted but that the officers sent upon this service will, without delay, complete their respective corps, and march the men forthwith to camp. " You are not to enlist any person who is not an Ameri- can born, unless such person has a wife and family, and is a settled resident in this country. The persons you enlist must be provided with good and complete arms." — From Gaines^s 3Iercury, July 24, {in Frank Moore's Diary of the American Bevolution, vol. i. p. 110.) On the 26th of September following, according to Mr. Bancroft, " Edward Rutledge, of South Carolina, moved the discharge of all the negroes in the army, and he was strongly supported by many of the 130 HISTORICAL RESEARCH. Orders to Soutliem delegates ; but the opposition was so power- tj X, 1. 1 II (.1 tJ negroes. f^^| g^^^j gQ determined, that ' he lost his point.' " On the 18th of October, a Committee of Conference, consisting of Dr. Franklin, Benjamin Harrison, and Thomas Lynch, met at Cambridge, with the Depu- ty-Governors of Connecticut and Rhode Island, a Committee of the Council of Massachusetts Bay, and General Washington, to consider the condition of the army, and to devise means for its improvement. On the 2;3d October, the subject of negro soldiers came before them for action, and was thus decided : — '' Ought not negroes to be excluded from the new en- listment, especially such as are slaves ? All were thought improper by the council of officers. ^'Agreed, That they be rejected altogether." — Force's American Archives, Fourth Series, vol. iii. p. 1161. The following extract from the Orderly Book, under the date of Nov. 12th, indicates the spirit that prevailed in enlisting the new army : — " The officers are to be careful not to enlist any person suspected of being unfriendly to the liberties of America, or any abandoned vagabond, to whom all causes and coun- tries are equal and alike indifi'erent. The rights of man- kind and the freedom of America will have numbers sufficient to support them, without resorting to such wretched assistance. Let those who wish to put shackles upon freemen fill their ranks with such miscreants, and place their confidence in them. Neither negroes, boys unable to bear arms, nor old men unfit to endure the fa- tigues of the campaign, are to be enlisted." — Sparks^s Washingtoji, vol. iii. p. 155. NEGEO SOLDIEES TO BE ENLISTED. 131 On the 31st of December, 1775, Washington wrote Negroes to r /-I 1 • 1 1 -r-> • 1 /^ >-. . ^^ enlisted irom Cambridge to the rresident of Congress m re- gard to the army, in which he thus alhides to negro soldiers : — '^ It has been represented to me, that the free negroes who have served in this army are very much dissatisfied at being discarded. As it is to be apprehended that they may seek employ in the Ministerial Army, I have presumed to depart from the resolution respecting them, and have given license for their being enlisted. If this is disap- proved of by Congress, I will put a stop to it." — Sparks's Washington, vol. iii. p. 218, 219. Mr. Sparks appends to this letter the following note : — " At a meeting of the general ofiScers, previously to the arrival of the committee from Congress in camp, it was unanimously resolved, that it was not expedient to enlist slaves in the new army ; and, by a large majority, ne- groes of every description were excluded from enlistment. When the subject was referred to the committee in con- ference, this decision was confirmed. In regard to free negroes, however, the resolve was not adhered to, and probably for the reason here mentioned by General Wash- ington. Many black soldiers were in the service during all stages of the war." — Sparks's WasJiington, vol. iii. pp. 218, 219. On the 16th of January, 1776, Congress thus de- cided the question submitted by Washington : — '' That the free negroes, who have served faithfully in the army at Cambridge, may be re-enlisted therein, but no others." — Journals of Congress, vol. ii. p. 26. 132 HISTORICAL RESEARCH. Account of An extract from a letter of General Thomas to the army iu 1775. John Adams gives a true picture of the army by one fully competent to describe it : — '' I am sorry to hear that any prejvidices should take place in any Southern colony, Avith respect to the troops raised in this. I aoi certain the insinuations you mention are injurious, if we consider with Avhat precipitation we were obliged to collect an army. In the regiments at Rox- bury, the privates are equal to any that I served with in the last war ; very few old men, and in the ranks very few boys. Our fifers are many of them boys. We have some negroes ; but I look on them, in general, equally service- able with other men for fatigue ; and, in action, many of them have proved themselves brave. '' I would avoid all reflection, or any thing that may tend to give umbrage ; but there is in this army from the south- ward a number called riflemen, who are as indifferent men as I ever served with. These privates are mutinous, and often deserting to the enemy ; unwilling for duty of any kind; exceedingly vicious; and, I think, the army here would be as well without as with them. But to do justice to their officers, they are, some of them, likely men." — 3IS. Letter, dated 'lUh October, 1775. Dunm ore's I'rocluma- tion. Lord While the question of employing nea:roes as sol- diers was producing a troublesome controversy in the Army and in Congress, our enemies boldly met the matter in a practical manner. Lord I3unmore, the Royal Governor of Virginia, issued a proclamation in November, 1775, promising freedom to all slaves who would join the army of the British. In a recent "History of England," this act is thus described: — " In letters which had been laid before the English Par- liament, and published to the whole world, he had repre- LORD DUNMOEE'S PROCLAMATION. 133 sented the planters as ambitious, selfish men, pursuing their English own interests and advancement at the expense of their orLord poorer countrymen, and as being ready to make every actlon^^ ^ sacrifice of honesty and principle ; and he had said more privately, that, since they were so anxious for liberty, — for more freedom than was consistent with the free institu- tions of the mother-country and the charter of the Colony, — that since they were so eager to abolish a fanciful slavery in a dependence on Great Britain, he would try how they liked an abolition of real slavery by setting free all their negroes and indentured servants, who were, in fact, little better than ichite slaves. This, to the Virginians, was like passing a rasp over a gangrened place : it was probing a wound that was incurable, or which has not yet been healed. Later in the year, when the battle of Bunker's Hill had been fought, when our forts on Lake Champlain had been taken from us, and when Montgomery and Arnold were pressing on our possessions in Canada, Lord Dunmore carried his threat into execution. Having established his head-quarters at Norfolk, he proclaimed freedom to all the slaves who would rejDair to his standard and bear arms for the king. The summons was readily obeyed by most of the negroes who' had the means of escaping to him. He, at the same time, issued a proclamation, declaring martial law throughout the Colony of Virginia; and he collected a number of armed vessels, which cut off the coasting-trade, made many prizes, and greatly distressed an important part of that Province. \i he could have opened a road to the slaves in the interior of the Province, his measures w^ould have been very fatal to the planters. In order to stop the alarming desertion of the negroes, and to arrest his Lord- ship in his career, the Provincial Assembly detached against him a strong force of more than a thousand men, who ar- rived in the neighborhood of Norfolk in the month of December. Having made a circuit, they came to a village called Great Bridge, where the river Elizabeth was trav- 134 HISTORICAL RESEAECH. Lord ersed by a brido-e ; but, before their arrival, the bridge Prociama- had been made impassable, and some works, defended chiefly by negroes, had been thrown up." — Pictorial His- tory of England, George III., vol. i. pp. 224, 225. The Proclamation of Lord Dunmore was as fol- lows : — " By his Excellency the Bight Honorahle John, Earl of Dunmore, his Majesty's Lieutenant and Governor-General of the Colony and Dominion of Virginia, and Vice-Admiral of the same, — " A PROCLAMATION. " As I have ever entertained hopes that an accommoda- tion might have taken place between Great Britain and this Colony, without being compelled by my duty to this most disagreeable but now absolutely necessary step, rendered so by a body of armed men, unlawfully assembled, firing on his Majesty's tenders ; and the formation of an army, and that army now on their march to attack his Majesty's troops, and destroy the well-disposed subjects of this Colony, — to defeat such treasonable purposes, and that all such traitors and their abettors may be brought to justice, and that the peace and good order of this Colony may be again restored, whicli the ordinary course of the civil law is unable to effect, 1 have thought fit to issue this my Proclamation; hereby declaring, that, until the aforesaid good purposes can be obtained, I do, in virtue of the power and authority to me given by his Majesty, determine to execute martial law, and cause the same to be executed, throughout this Colony. And, to the end that peace and good order may the sooner be restored, I do require every person capable of bearing arms to resort to his Majesty's standard, or be looked upon as traitors to his Majesty's Crown and Govern- ment, and thereby become liable to the penalty the law inflicts upon such ofiences, — such as forfeiture of life, con- LORD DUNMOEE'S PROCLAMATION. 135 fiscation of lands, &c., &c. And I do hereby further declare all indented servants, negroes, or others, (appertaining to rebels,) free, that are able and willing to bear arms, they joining his Majesty's troops, as soon as may be, for the more speedily reducing this Colony to a proper sense of their duty to his Majesty's crown and dignity. I do further order and require all his Majesty's liege subjects to retain their quit-rents, or any other taxes due, or that may become due, in their own custody, till such time as peace may be again restored to this at present most unhappy country, or demanded of them, for their former salutary purposes, by officers properly authorized to receive the same. " Given under my hand, on board the ship ' William,' off Norfolk, the seventh day of November, in the sixteenth year of his Majesty's reign. " Dunmore. "God save the King ! " (Force's "American Archives," Fourth Series, vol. ill. p. 1385.) This Proclamation created great consternation in Virginia. It will be seen by the follow^ing extract from a letter written Nov. 27tli, 1775, by Edmund Pendleton to Kicliard Henry Lee, that many slaves flocked to the British standard. '' The Governor, hearing of this, marched out with tln-ee i-fitter from hundred and fifty soldiers, Tories and slaves, to Kemp's pendieton Landing ; and after setting up his standard, and issuing Henry Ve'e, his proclamation, declaring all persons rebels who took up ^JI^- -'» arms for the country, and inviting all slaves, servants, and apprentices to come to him and receive arms, he proceeded to intercept Hutchings and his party, upon whom lie came by surprise, but received, it seems, so warm a fire, that the ragamuffins gave way. They were, however, raUied on discovering that two companies of our militia gave way ; and left Hutchings and Dr. Reid with a vohmteer company, who maintained their ground bravely tih they were over- 136 HISTORICAL RESEARCH. Edmund Pendleton. come by numbers, and took shelter in a swamp. The slaves were sent in pursuit of them ; and one of Col. Hutch- ings's own, with another, found him. On their approach, he discharged his pistol at his slave, but missed him ; and was taken by them, after receiving a wound in his face with a sword. The numbers taken or killed, on either side, is not ascertained. It is said the Governor went to Dr. Reid's shop, and, after taking the medicines and dressings necessary for his wounded men, broke all the others to pieces. Letters mention that slaves flock to him in abun- dance ; but I hope it is magnified." — Force's American Archives, Fourth Series, vol. iv. p. 202. Caution to the negroes. In a paper published in Williamsburgh, Virginia, on the 23d of November, the Proclamation is severely commented on ; and an urgent appeal is made to the negroes to stand by their masters, — their true friends, — who would, " were it in their power, restore free- dom to such as have unhappily lost it." '' The second class of people for whose sake a few re- marks upon this proclamation seem necessary is the negroes. They have been flattered with their freedom, if they be able to bear arms, and will speedily join Lord Dunmore's troops. To none, then, is freedom promised, but to such as are able to do Lord Dunmore service. The aged, the in- firm, the women and children, are still to remain the prop- erty of their masters, — of masters who will be provoked to severity, should part of their slaves desert them. Lord Dunmore's declaration, therefore, is a cruel declaration to the negroes. He does not pretend to make it out of any tenderness to them, but solely u]3on his own account ; and, should it meet with success, it leaves by far the greater number at the mercy of an enraged and injured people. But should there be any amongst the negroes weak enough LOED dunmoee's peoclamation. 137 to believe that Lord Dunmore intends to do tliem a kind- Appeal to ness, and wicked enough to provoke the fury of the Amcri- hyZTv""^ cans against their defenceless fathers and mothers, their "'''^^^'^^ wives, their women and children, let thorn only consider the difficulty of effecting their escape, and what they must expect to suffer if they fell into the hands of the Ameri- cans. Let them further consider Avhat must be their fate should the English prove conquerors. If we can judge of the future from the past, it will not be much mended. Long have the Americans, moved by compassion and actuated by sound policy, endeavored to stop the progress of slavery. Our Assemblies have repeatedly passed acts, laying heavy duties upon imported negroes; by which they meant alto- gether to prevent the horrid traffic. But their humane intentions have been as often frustrated by the cruelty and covetousness of a set of English merchants, who prevailed upon the King to repeal our kind and merciful acts, little, indeed, to the credit of his humanity. Can it, then, bo supposed that the negroes will be better used by the Eng- lish, who have always encouraged and upheld this slavery, than by their present masters, who pity their condition ; who wish, in general, to make it as easy and comfortable as possible ; and ivho would, were it in their 2Miver, or ivere they permitted, not only ijrevent any more negroes from losing their freedom, hut restore it to such as have already unhappily lost it ? No : the ends of Lord Dunmore and his party being answered, they will either give up the offending ne- groes to the rigor of the laws they have broken, or sell them in the West Indies, where every year they sell many thousands of their miserable brethren, to perish either by the inclemency of weather or the cruelty of barbarous masters. Be not then, ye negroes, tempted by tliis pro- clamation to ruin yourselves. I have given you a faithful view of what you are to expect ; and declare before God, in doing it, I have considered your welfare, as well as that of the country. Whether you will profit by my advice, I 18 138 HISTORICAL RESEARCH. cannot tell ; but this I know, that, whether we suffer or not, if you desert \\^, you most certainly will." — Forceps American Archives, Fourth Series, vol iii. p. 1387. Answer TliG Virginia Convention appointed a Committee to to Lord ^ ^ _ ^ ^ Prockima^ prepare a Declaration in answer to Lord Dunmore's tion. Proclamation. This was adopted on the 13th of De- cember, when the same Committee was instructed to report another Declaration, " offering pardon to such slaves as shall return to their duty within ten days after the publication thereof." This also was adopted the next day, in the following terms : — " By the Representatives of the Feople of the Colony and Dominion of Virginia, assembled in General Convention, '■'■ A DECLARATION. Declaration " Whereas Lord Dunmore, by his Proclamation dated on to slaves, board tlie ship '■ William,' off Norfolk, the seventh day of November, 1775, hath offered freedom to such able-bodied slaves as are willing to join him, and take up arms against the good people of this Colony, giving thereby encourage- ment to a general insurrection, which may induce a neces- sity of inflicting the severest punishments upon those unhappy people, already deluded by his base and insidious arts ; and whereas, by an act of the General Assembly now in force in this Colony, it is enacted, that all negro or other slaves, conspiring to rebel or make insurrection, shall suf- fer death, and be excluded all benefit of clergy ; — we think it proper to declare, that all slaves who have been or shall be seduced, by his Lordship's Proclamation, or other arts, to desert their masters' service, and take up arms against the inhabitants of this Colony, shall be liable to such pun- ishment as shall hereafter be directed by the General Con- vention. And to the end that all such who have taken this unlawful and wicked step may return in safety to their LORD DUNMORE's PROCLAMATION. 139 duty, and escape tlie punisliment due to their crimes, we Declaration hereby promise pardon to them, they surrendering them- to iiave^ selves to Colonel William Woodford or any other commander of our troops, and not appearing in arms after the publica- tion hereof. And we do further earnestly recommend it to all humane and benevolent persons in this Colony to explain and make known this our offer of mercy to those unfortu- nate people." — American Archives, Fourth Series, vol. iv. pp. 84, 85. Washington saw what an element of strength Lord Dunmore had called to his aid, and the importance of acting promptly and with energy against him. On the 15th of December, he thus wrote to Joseph Reed : — " If the Virginians are wise, that arch-traitor to the Loi*d Dun- rights of humanity, Lord Dunmore, should be instantly crushed, crushed, if it takes the force of the whole army to do it; otherwise, like a snow-ball in rolling, his army will get size, some through fear, some through promises, and some through inclination, joining his standard : but that which renders the measure indispensably necessary is the ne- groes ; for, if he gets formidable, numbers of them will be tempted to join who will be afraid to do it without." — Life and Correspondence of Joseph Heed, vol. i. 135. Although many of the slaves responded to the pro- clamation by joining the army of the enemy, the greater part of them were too shrewd to be caught by such wily arts. They were unwilling to trust their freedom to the officers of a government which had persistently encouraged the slave-trade against the remonstrances of their masters, who had not only 140 HISTORICAL EESEARCH. i^ord declared that traffic to be a wronor as-ainst humanity, Dunmore. o o but had expressed tlieir desire to abolish domestic slavery as soon as it was practicable for them to do so. The inconsistency and atrocity of Lord Dunmore's conduct justly met with very general indignation. Subsequent events proved that the distrust and fears, felt by the slaves, were well founded. It will be seen by letters written several months after the Proclamation was issued, that his Lordship attributed the limited success which attended it to another than the true cause. " Lord Dunmore to the Secretary of State. "[No, 1.] "Ship 'Dunmore,' in Elizabeth IIiter, Va., 30th March, 17TG. " Your Lordship will observe by my letter, No. 34, that I have been endeavoring to raise two regiments here, — one of white people, the other of black. The former goes on very slowly ; but the latter very well, and would have been in great forwardness, had not a fever crept in amongst them, which carried off a great many very fine fellows." " [No. 3,] "Ship 'Dunmore,' in Gavin's Island Harbor, Va., June 26, 1776, • • > • • '' I am extremely sorry to inform your Lordship, that that fever, of which I informed you in my letter No, 1, has proved a very malignant one, and has carried off an incred- ible number of our people, especially the blacks. Had it not been for this horrid disorder, I am satisfied I should have had two thousand blacks ; with whom I should have had no doubt of penetrating into the heart of this Col- ony." (Force's "American Archives," Fifth Series, vol. ii. pp. 160, 162.) NEGRO SOLDIERS AND NEGRO PRISONERS. 141 During the years 1776 and 1777, not much was Negro J 1 n 1 • 1 • ^ T Soldiers. done by way or legislation towards settling a general policy with regard to the employment of negroes as soldiers. They continued, in fact, to be admitted into the line of the army without much objection. A letter from General Greene to Washington shows that it was then contemplated to form the negroes at Staten Island into an independent regiment. " Camp on Long Island, July 21, 1776, two o'clock. " Sir, — Colonel Hand reports seven large ships are coming np from the Hook to the Narrows. " A negro belonging to one Strickler, at GravesencI, was taken prisoner (as he says) last Sunday at Coney Island. Yesterday he made his escape, and was taken prisoner by the rifle-guard. He reports eight hundred negroes col- lected on Staten Island, this day to be formed into a regi- ment. " I am your Excellency's most obedient, humble ser- vant, " N. Greene. " To his Excellency Gen. Washington, Head-quarters, New York." (Force's " American Archives," Fifth Series, vol. i. p. 486.) A Resolve of the Massachusetts Lesfislature, in Sep- '^'^"^'° o ' i Prison tember, 1776, is worthy of special notice. Referring to it, a writer in the " Historical Magazine " for Sep- tember, 1861, says, " The course of the authorities of the Southern States, now in arms against the Govern- ment, in selling as slaves all negroes taken prisoners, is the last relic of a barbarous custom. . . . The first condemnation of the course seems to be that contained in a Massachusetts Resolve, of the 14th of isoners. 142 HISTORICAL RESEARCH. Negroes to be treated like other prisoners of war. September, 1776, forbidding the sale, as slaves, of two negroes taken on the sloop ' Hannibal.' " The Kesolve is as follows : — " Whereas this Court is credibly informed, that two negro men lately taken on the high seas, on board the sloop ' Hannibal/ and brought into this State as prisoners, are advertised to be -sold at Salem the 17th instant, by public auction: " Besolved, That all persons concerned with the said negroes be, and they hereby are, forbidden to sell them, or in any manner to treat them otherwise than is already ordered for the treatment of prisoners taken in like man- ner ; and, if any sale of the said negroes shall be made, it is hereby declared null and void. And that whenever it shall appear that any negroes are taken on the high seas, and brought as prisoners into this State, they shall not be allowed to be sold, nor treated any otherwise than as pris- oners are ordered to be treated who are taken in like manner." — Resolves, Septemher, 1776, p. 14. I am indebted to mv friend Mr. William J. Davis, of New York, for the following extract from the Journal of a Hessian officer who was with Burgoyne at the time of his surrender. It is a literal translation from a German work which is rare in this country. This testimony of a foreign officer, as to the common use of negroes in the American Army, is quite impor- tant. It is dated 23d October, 1777. Hessian " From here to Springfield, there are few habitations test^imoV- '^^^^^^^ liavc not a negro family dwelling in a small house near by. The negroes are here as fruitful as other cattle. The young ones are well foddered, especially while they are still calves. Slavery is, moreover, very gainful. The CAPTUEE OF MAJOR- GENEEAL PRESCOTT. 143 negro is to be considered just as the bond-servant of a Hessian peasant. The negress does all the coarse work of the house, testimo^ny. and the little black young ones wait on the little white young ones. The negro can take the field, instead of his master ; and therefore no regiment is to he seen in which there are not negroes in abundance : and among them there are able- bodied, strong, and brave fellows. Here, too, there are many families of free negroes, who live in good houses, have property, and live just like the rest of the inhabi- tants." — Schloezer^s Briefioechsel, vol. iv. p. 3G5. The capture of Maior-General Prescott, of the Bri- Capture of ^ "^ the British tish army, on the 9th of July, 1777, was an occasion oeneni of great joy throughout the country. Prince, the valiant negro who seized that ofhcer, ought always to be remembered with honor for his important ser- vice. The exploit was much commended at the time, as its results were highly important ; and Colonel Barton, very properly, received from Con- gress the compliment of a sword for his ingenuity and bravery. It seems, however, that it took more than one head to plan and to execute the under- taking. " They landed about five miles from Newport, and three- quarters of a mile from the house, which they approached cautiously, avoiding the main guard, which was at some distance. The Colonel went foremost, loith a stout, active negro close behind him, and another at a small distance : the rest followed so as to be near, but not seen. " A single sentinel at the door saw and hailed the Colonel: he answered by exclaiming against, and impiiring for, rebel prisoners, but kept slowly advancing. The sentinel again challenged him, and required the counter- sign. He said he had not the countersign; but amused 144 HISTORICAL KESEAECH. Capture of the sentrv by talkiii"; about rebel prisoners, and still the British , . ■./, • i • i / , i i • i General advancnig till be came within reach ot the bayonet, which, he presenting, the colonel suddenly struck aside, and seized him. He was immediately secured, and ordered to be silent, on pain of instant death. 3Ieanivhile, the rest of the men surrounding the house, the negro, with his head, at the second stroke, forced a passage into it, and then into the landlord'' s apartment. The landlord at first refused to give the necessary intelligence ; hut, on the prospect of present death, he pointed to the GeneraVs chamber, ivhich being instantly ojjened by the negroes head, the Colonel, calling the General by name, told him he loas a prisoner.''^ ■ — Pennsyl- vania Evening Post, Aug. 7, 1777 ; (iVi Franh 3Ioore^s Diary of the American Revolution, vol. i. p. 468.) The event was thus noticed by a contemporary (Dr. Thaclier), who was a surgeon in the American army : — ^^ Albany, Aug. 3, 1777. — The pleasing information is received here that Lieut.-Col. Barton, of the Rhode-Island militia, planned a bold exploit for the purpose of surpris- ing and taking Major-Gren. Prescott, the commanding officer of the royal army at Newport. Taking with him, in the night, about forty men, in two boats, with oars muffled, he had the address to elude the vigilance of the ships-of-war and guard-boats : and, having arrived undiscovered at the quarters of Gen. Prescott, they were taken for the sen- tinels ; and the general was not alarmed till his captors were at the door of his lodging-chamber, which was fast closed. A negro man, named Prince, instantly thrust his beetle head through the panel door, and seized his victim while in bed. . . . This event is extremely honorable to the enterprising spirit of Col. Barton, and is considered as ample retaliation for the capture of Gen. Lee by Col. Harcourt. The event occasions great joy and exulta- NEGRO SOLDIERS IN CONNECTICUT. 145 tion, as it puts in our possession an officer of equal rank Doctor with Gen, Lee, by which means an exchange may be account''^ obtained. Congress resolved that an elegant sword should be presented to Col. Barton for his brave exploit." It was perhaps " Prince " to whom Dr. Thacher alludes in the following characteristic anecdote : — ''When the Count D'Estaing's fleet appeared near the British batteries, in the harbor of Rhode Island, a severe canonade was commenced ; and several shot passed through the houses in town, and occasioned great consternation among the inhabitants. A shot passed through the door of Mrs. Mason's house, just above the floor. The family were alarmed, not knowing where to flee for safety. A negro man ran and sat himself down very composedly, with his back against the shot-hole in the door ; and, being asked by young Mr. Mason why he chose that situation, he replied, ' Massa, you never know two bullet go in one pla?ce.' " — Thaclier^s Military Journal, pp. 87, 175. The subject of the employment of Xegro soldiers came before the Connecticut General Assembly in 177T, in connection with the subject of slavery and emancipation. By the courtesy of J. Ilammond Trumbull, Esquire, Editor of " The Public Records of the Colony of Connecticut," and Secretary of State, I am enabled to give, in his own words, the following interesting account of the action of that State : — ''In May, 1777, the General Assembly of Connecticut Action of r^ ■ ^ • -1 • the Con- appointed a Committee ' to take mto considei'ation the necticut state and condition of the negro and mulatto slaves in this ^^^"^ ^' State, and what may be done for their emancipation.' Tiiis Committee, in a report presented at the same session 19 146 HISTORICAL RESEARCH. Legisiat-on (signed by the chairman, the Hon. Matthew Griswold of in Counect- _ - , icut. Lj'me), recommended — " ' That the effective negro and mulatto shT,ves be allowed to enlist with the Continental battalions now raising in this State, under the following regulations and restrictions : viz., that all such negro and mulatto slaves as can procure, either by bounty, hire, or in any other way, such a sum to be paid to their masters as such negro or mulatto shall be judged to be reasonably worth by the selectmen of the town where such negro or mulatto belongs, shall be allowed to enlist into either of said battalions, and shall thereupon be, de facto, free and emancipated ; and that the master of such negro or mulatto shall be exempted from the support and maintenance of such negro or mulatto, in case such negro or mulatto shall hereafter become unable to support and maintain himself. " ' And that, in case any such negro or mulatto slave shall be disposed to enlist into either of said battalions during the [war], he shall be allowed so to do: and such negro or mulatto shall be appraised by the selectmen of the town to which he belongs ; and his master shall be allowed to receive the bounty to which such slave may be entitled, and also one-half of the annual wages of such slave during the time he- shall continue in said service; provided, however, that said master shall not be allowed to receive such part of said wages after he shall have received so much as amounts, together with the bounty, to the sum at which he was appraised.' " This report, in the Lower House, was ordered to be continued to the next session of the iVssembly. In the Upper House it was rejected. Mr. Trumbull Avrites : — ''You will see by the Report of Committee, May, 1777, that General Varuum's plan for the enlistment of slaves Ill ijoiiiiect- NEGRO SOLDIERS IN CONNECTICUT. 147 had been anticipated in Connecticut; witli this difFercncc, r.ogisintion that Rhode Island adopted it, while Connecticut did not. icut*^ " The two States reached nearly the same results by- different methods. The unanimous declaration of the offi- cers at Cambridge, in the winter of 1775, against the enlistment of slaves, — confirmed by the Committee of Congress, — had some weight, I think, with the Connecti- cut Assembly, so far as the formal enactment of a law authorizing such enlistments was in question. At the same time, Washington's license to continue the enlistment of negroes was regarded as a rule of action, both by the selectmen in making up, and by the State Government in accepting, the quota of the towns. The process of draught- ing, in Connecticut, was briefly this: The able-bodied men, in each town, were divided into ' classes ' ; and each class was required to furnish one or more men, as the town's quota required, to answer a draught. Now, the Assembly, at the same session at which the proposition for enlisting slaves was rejected (May, 1777), passed an act providing that any two men belonging to this State, ' who should procure an able-bodied soldier or recruit to enlist into either of the Continental battalions to be raised from this State,' should themselves be exempted from draught during the continu- ance of such enlistment. Of recruits or draughted men thus furnished, neither the selectmen nor commanding officers questioned the color or the c\y\\ status : white and black, bond and free, if ' able-bodied,' went on the roll together, ac- cepted as the representatives of their ' class,' or as sub- stitutes for their employers. At the next session (October, 1777), an act was passed wdiich gave more direct encourage- ment to the enlistment of slaves. By the existing law, the master who emancipated a slave was not released from the liability to provide for his support. This law was now so amended, as to authorize the selectmen of any town, on the application of the master, — after ' inquiry into the age, abihties, circumstances, and character' of the servant 148 HISTOEICAL EESEARCH. Lejrisiation or slave, and being satisfied ' that it was likely to be con- in Connect- . .... , , , , . i i i icut. sistent With Ins real advantage, and that it Avas probable that he would be able to support himself/ — to grant liberty for his emancipation, and to discharge the master * from any charge or cost which may be occasioned by maintain- ing or supporting the servant or slave made free as afore- said.' This enactment enabled the selectmen to offer an additional inducement to enlistment, for making up the quota of the town. The slave (or servant for term of years) might receive his freedom : the master might secure exemption from draught, and a discharge from future lia- bilities, to Avhicli he must otherwise have been subjected. In point of fact, some hundreds of blacks — slaves and freemen — were enlisted, from time to time, in the regi- ments of State troops and of the Connecticut line. Hoiu many, it is impossible to tell ; for, from first to last, the company or regimental rolls indicate qio distinctions of color. The name is the only guide : and, in turning over the rolls of the Connecticut line, the frequent recurrence of names which were exclusively appropriated to negroes and slaves, shows how considerable was their proportion of the material of the Connecticut army; while such sur- names as ' Liberty,' ' Freeman,' ' Freedom,' &c., by scores, indicate with what anticipations, and under what induce- ments, they entered the service. " As to the efficiency of the service they rendered, I can say nothing from the records, except what is to be gleaned from scattered files, such as one of the petitions I send you. So far as my acquaintance extends, almost every family has its traditions of the good and faithful ser- vice of a black servant or slave, who was killed in battle, or served through the war, and came home to tell stories of hard fighting, and draw his pension. In my own native town, — not a large one, — I remember five such pensioners, three of whom, I believe, had been slaves, and, in fact, were slaves to the day of their death ; for (and NEGEO SOLDIERS IN CONNECTICUT. 149 this explains the uniform action of the General Assembly on Lesisintion ill Coiiiiect- cut. petitions for emancipation) neither the towns nor the State \ were inclined to exonerate the master, at a time when sla- very was becoming unprofitable, from the obligation to provide for the old age of his slave. • • • • • " Col. William Browne of Salem (a " mandamus counsel- lor"), who went with the enemy from Boston in 1776, owned large tracts of land in Now London and Hartford counties in Connecticut, entailed by his grandfather, Col. Samuel Browne. The General Court cut oft" the entail, and confiscated the land. A farm in Lyme of twelve thou- sand four hundred and thirty-six acres, valued, in 1779, at a hundred and sixty-nine thousand pounds (Continental), had been leased for a term of years, with nine slaves. The administrator on confiscated estates, Benjamin Huntington, Esq., when returning the inventory of Mr. Browne's pro- perty, stated to the General Assembly that there were ' a number of slaves appraised, who beg for their liberty ; ' and that the lessee of the farm would assent to their being liberated, without requiring a diminution of his rent. '^ Accompanying the inventory is the following petition, in Mr. Huntington's hand-w^-iting : — " To the Hon. General Assembly of the State of Connecticut, noio sitting in Hartford. " ' The memorial of Great Prince, Little Prince, Luke, Petition Csesar, and Prue and her three children, — all friends to slaves. America, but slaves (lately belonging to Col. William Browne, now forfeited to this State,) — humbly sheweth, that their late master w^as a Tor}^, and fled from his native country to his master. King George ; where he now lives like a poor slave. " ' That your memorialists, though they have flat noses, crooked shins, and other queerness of make, peculiar to Africans, are yet of the human race, free-born in our own 150 HISTORICAL RESEARCH. Petition countrj, taken from thence by man-stealers, and sold in slaves! this country as cattle in the market, without the least act of our own to forfeit liberty ; but we hope our good mistress, the free State of Connecticut^ engaged in a war with tyranny, will not sell good honest Whigs and friends of the freedom and independence of America, as we are, to raise cash to support the war : because the Whigs ought to be free ; and the Tories should be sold. " ' Wherefore your memorialists pray your Honors to consider their case, and grant them their freedom upon their getting security to indemnify the State from any ex- pense for their support in case of want, or, in some other way, release them from slavery. " ' And your poor negroes, as in duty bound, shall ever pray. '' ' Great Prince. Little Prince. Luke, &c. " ' Dated in Lyme, Election-day, 1779.' " The Lower House granted, but the Upper House nega- tived, the prayer of the memorial. A committee of con- ference was appointed ; but each House adhered to its original vote." Rhode Nowhere in the country was the question of ne^ro Island. •' ^ ^ ^ ^ soldiers more carefully considered, or the practice of employing- them more generally adopted, than in Rhode Island. Not only were the names of colored men entered with those of wdiite citizens on the rolls of the militia, but a distinct regiment of this class of 2)ersons was formed. The character and conduct of that regiment have an important place in the his- tory of the Revolutionary War. My valued friend, John Russell Bartlett, Esquire, NEGRO SOLDIERS IN RHODE ISLAND. 151 Editor of the " Records of the Colony of Rhode IsUiiid and Providence Phmtations in New Enghmd," and Secretary of State, has copied for me, from the manuscripts in the State Archives, the correspondence and legislation relating- to the subject. These docu- ments are here presented entire, and give a full history of the whole matter. GENERAL WASHINGTON TO GOVERNOR COOKE. " Head Quarters, 2d January, 1778. " Sir, — Enclosed you will receive a copy of a letter from General Varnum to me, upon the means which might be adopted for completing the Rhode-Island troops to their full proportion in the Continental Army. I have nothing to say, in addition to what I wrote on the 29th of last month, on this important subject, but to desire that you will give the oflficers employed in this business all the assistance in your power. ^' I am, with , great respect. Sir, your most obedient servant, " Geo. Washington. " His Excellency XicnoLAS Cooke, Esq., Governor of Rhode Island." GENERAL VARNUM TO GENERAL WASHINGTON. "Camp, Jan. 2, 1778. " Sir, — The two battalions from the State of Rhode Is- land being small, and there being a necessity of the State's furnishing an additional number to make up their ])ropor- tion in the Continental Army, the field-ofjficers have repre- sented to me the propriety of making one temporary battalion from the two ; so that one entire corps of officers may repair to Rhode Island, in order to receive and pre- pare the recruits for the field. It is imagined that a battalion of negroes can be easily raised there. Should that measure be adopted, or recruits obtained upon any 152 HISTORICAL EESEARCH. Ne, ^■v -.< ^0 .r^ ,v ^ 0" \^ .^' "^t. *" .«^> » 1 t ,0* /»( « ;arj liPlilr LIBRARY OF CONGRESS i <;lhllhhlMiilill iHni»iHHiH»iuHi»KMinmimmiMuuttiianiiiUiiililiiui