Slavery
and the Framing of the U.S. Constitution
The question of prohibiting the African
slave-trade by a provision in the national Constitution caused much and
warm debate in the convention that framed that instrument. A compromise
was agreed to by the insertion of a clause (art. I., sec. 9, clause 1)
in the Constitution, as follows: "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." The idea of
prohibiting the African slave-trade, then warmly advocated, was not new.
In 1774 the Continental Congress, while releasing the colonies from
other provisions of the AMERICAN ASSOCIATION , had expressly resolved "
that no slave be imported into any of the United States." Delaware, by
her constitution, and Virginia and Maryland by special laws, had
prohibited the importation of slaves. Similar prohibitions were in force
in all the more northern States; but they did not prevent the merchants
of those States from carrying on the slave-trade elsewhere, and already
some New England ships were engaged in a traffic from the African coast
to Georgia and South Carolina. These States were forgetful of or
indifferent to the pledges they had made through their delegates in the
face of the world by their concurrence in the Declaration of
Independence, and seemed fully determined to maintain not only the slave
system of labor, but the nefarious slave-trade. North Carolina did not
prohibit the traffic, but denounced the further importation of slaves
into the State as " highly impolitic," and imposed a heavy duty on
future importations.
On the demand of Henry Laurens, of South
Carolina, who entered into the negotiations for a preliminary treaty of
peace, at a late hour, a clause in the treaty (1782) was interlined,
prohibiting, in the British evacuation, the " carrying away any negroes
or other property of the inhabitants." So this treaty of peace, in which
no word had, excepting indirectly, indicated the existence of slavery in
the United States, made known to the world that men could be held as
property.
The legislature of Connecticut, early in
1784, passed an act that no negro or mulatto child born within that
State after March 1 that year should be held in servitude longer than
until the age of twenty-five years.

Plantation Slaves in the South
In 1788 the captain of a vessel in Boston
seized three colored persons, took them to the West Indies, and sold
them there for slaves. This event caused the legislature of
Massachusetts to pass a law to prevent the slave-trade in that State,
and for granting relief to the families of such persons as may be
kidnapped or decoyed from the commonwealth. The law subjected to a heavy
penalty any person who should forcibly take or detain any negro for the
purpose of transportation as a slave, and the owner of the vessel in
which such kidnapped man should be carried away incurred, also, a heavy
penalty. The insurance on the vessel was made void; and the relatives of
the person kidnapped, if the latter were sold into slavery in a distant
country, were allowed to prosecute for the crime.
On May 12, 1789, a tariff bill having
been reported to Congress, and being under discussion on the question of
its second reading, Parker, of Virginia, moved to insert a clause
imposing a duty of $10 on every slave imported. " He was sorry," he
said, " the Constitution prevented Congress from prohibiting the
importation altogether. It was contrary to revolutionary principles, and
ought not to be permitted." A warm debate ensued. It called forth the
opposition of South Carolinians and Georgians particularly. Jackson, of
Georgia, made a vehement speech in opposition, in the course of which he
said he hoped the proposition would be withdrawn, and that if it should
be brought forward again it would comprehend " the white slaves as well
as the black imported from all the jails of Europe—wretches convicted of
the most flagrant crimes, who were brought in and sold without any duty
whatever." This was an allusion to the indentured white servants who
were sold by the captains of vessels on their arrival here to pay the
cost of their passage, a practice which had been put a stop to by the
Revolutionary War, but partially revived. The motion was finally
withdrawn.
The Nation
Continues to Grapple with the Slavery Issue
In 1804 a provision was inserted into the
act organizing the Territory of Orleans, that no slaves should be
carried thither, except from some part of the United States, by citizens
removing into the Territory as actual settlers, this permission not to
extend to negroes introduced into the United States since 1798. The
object of this provision was to guard against the effects of an act
recently adopted by the legislature of South Carolina for reviving the
slave-trade after a cessation of it, as to that State, for fifteen
years, and of six years as to the whole Union. This was a consequence of
the vast increase and profitableness of cotton culture, made so by
Whitney's cotton-gin.
On Feb. 15, 1804, the legislature of New
Jersey, by an almost unanimous vote, passed an act to abolish slavery in
that State by securing freedom to all persons born there after July 4
next ensuing, the children of slave parents to become free, masculine at
twenty-five years of age, feminine at twenty-one.

A Slave Cabin
The rapid extension of settlements in the
Southwest after the War of 1812-15, and the great profits derived there
from the cultivation of cotton, not only caused the revival of the
African slave-trade, in spite of prohibitory laws, but it gave occasion
to a rival domestic slave-trade, of which the national capital had
become one of the centers, where it was carried on by professional
slave traders. They bought up the slaves
of impoverished planters of Maryland and Virginia, and sold them at
large profits in the cotton-growing districts of the South and West.
This new traffic, which included many of the worst features of the
African slave-trade, was severely denounced by John Randolph, of
Virginia, as " heinous and abominable, inhuman and illegal." This
opinion was founded on facts reported by a committee of inquiry. Gov. D.
R. Williams, of South Carolina, denounced the traffic as " remorseless
and cruel "; a " ceaseless dragging along the streets and highways of a
crowd of suffering victims to minister to insatiable avarice," condemned
alike by " enlightened humanity, wise policy, and the prayers of the
just." The governor urged that it had a tendency to introduce slaves of
all descriptions from other States, "defiling the delightful avocations
of private life" " by the presence of convicts and male-factors." The
legislature of South Carolina passed an act forbidding the introduction
of slaves from other States. A similar act was passed by the Georgia
legislature. This legislation was frequently resorted to on occasions of
alarm, but the profitable extension of cotton cultivation and the demand
for slave labor overcame all scruples. Within two years after its
passage the prohibitory act of South Carolina was repealed. The
inter-State slave-traffic was carried on extensively until slavery was
abolished in 1863. A Richmond newspaper, in 1861, urging Virginia to
join the
Southern Confederacy, which had prohibited the traffic between them
and States that would not join them, gave as a most urgent reason for
such an act that, if it were not accomplished, the " Old Dominion "
would lose this trade, amounting annually to from $13,000,000 to
$20,000,000.

Interior of a Slave Cabin
When Admiral Cockburn began his marauding
expedition on the American coast in the spring of 1813, he held out a
promise of freedom to all slaves who should join his standard. Many were
seduced on board his vessels, but found themselves wretchedly deceived.
Intelligence of these movements reached the plantations farther south,
and, in the summer of 1813, secret organizations were formed among the
slaves to receive and cooperate with Cockburn's army of liberation, as
they supposed it to be. One of these secret organizations met regularly
on St. John's Island, near
Charleston. Their leader was a man of great sagacity and influence,
and their meetings were opened and closed by singing a hymn composed by
that leader—a sort of parody of Hail Columbia. The following is the last
of he three stanzas of the hymn alluded to:
.. Arise!
arise ! shake off your chains!
Your
cause is just, so Heaven ordains ;
To you
shall freedom be proclaimed !
Raise your arms and bare your breasts,
Almighty
God will do the rest.
Blow the clarion's warlike blast ;
Call every negro from his task ;
Wrest the scourge from Buckra's hand,
And drive
each tyrant from the land !
Chorus.
" Firm, united let us be.
Resolved on death or liberty!
As a band
of patriots joined,
Peace and
plenty we shall find."
They
held meetings every night, and had arranged a plan for the rising of all
the slaves in Charleston when the British should appear. At one of the
meetings the question, " What shall be done with the white people?" was
warmly discussed. Some advocated their indiscriminate slaughter as the
only security for liberty, and this seemed to be the prevailing opinion,
when the leader and the author of the hymn came in and said: " Brethren,
you know me. You know that I am ready to gain your liberty and mine. But
not one needless drop of blood must be shed. I have a, master whom I
love, and the man who takes his life must pass over my dead body." Had
Cockburn been faithful to his promises to the negroes, and landed and
declared freedom to the slaves of South Carolina, no doubt many
thousands of colored people would have flocked to his standard. But he
was content to fill his pockets by plundering and carrying on a petty
slave-trade for his private gain.
Developing Conflict over American Slavery
On
March 13, 1824, articles of convention between the United States and
Great Britain were signed at London, by diplomatists appointed for the
purpose, providing for the adoption of measures to suppress the African
slave-trade. The first article provided that the commanders and
commissioned officers of each of the two contracting powers, duly
authorized to cruise on the coast of Africa, of America, and of the West
Indies, for the suppression of the slave-traffic, were empowered, under
certain restrictions, to detain, examine, capture, and deliver over for
trial and adjudication by some competent tribunal, any ship or vessel
concerned in the illicit traffic in slaves, and carrying the flag of
either nation. This convention was signed by Richard Rush for the United
States, and by W. Huskisson and Sir Stratford Canning for Great Britain.
On
March 6, 1857, Roger B. Taney, chief-justice of the United States, and a
majority of his associates in the Supreme Court, uttered an
extra-judicial opinion, that any person who had been a slave, or was a
descendant of a slave, could not enjoy the rights of citizenship in the
United States. Five years afterwards (1862)
Secretary Seward issued a passport to a man who had been a slave to
travel abroad as " a citizen of the United States." Six years later
still (July 20, 1868) the national Constitution was so amended that all
persons, of whatever race or color, born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. By the same
amendment every civil right was given to every such person. And by a
subsequent amendment (1869) it was decreed that " the rights of any of
the citizens of the United States, or any State, on account of race,
color, or previous condition of servitude should not be abridged."

Scene in a Southern Slave Town
By a
provision of the national Constitution the foreign slave-trade in the
United States was abolished, and Congress declared it to be " piracy."
Encouraged by the practical sympathy of the national government, the
friends of the slave-labor system formed plans for its perpetuity, which
practically disregarded the plain requirements of the fundamental law.
They resolved to reopen the African slave-trade. Africans were kidnapped
in their native country, brought across the sea, and landed on our
shores as in colonial times, and placed in perpetual slavery. In
Louisiana, leading citizens engaged in a scheme for legalizing the
traffic, under the guise of what they called the African Labor-supply
Association, of which James B. De Bow, editor of De Bow's Review,
published in New Orleans, was president. His Review was the acknowledged
organ of the slave-holders, and wielded extensive and powerful influence
when the flames of the Civil War were kindling. In Georgia, negroes from
Africa were landed and sold, and when a grand jury at Savannah was
compelled by law to find several bills against persons engaged in the
traffic, or charged with complicity in the slave-trade, they protested
against the law they were compelled to support. " We feel humbled," they
said, " as men, conscious that we are born freemen but in name, and that
we are living, during the existence of such laws, under a tyranny as
supreme as that of the despotic governments of the Old World. Heretofore
the people of the South, firm in their consciousness of right and
strength, have failed to place the stamp of condemnation upon such laws
as reflect upon the institution of slavery, but have permitted,
unrebuked, the influence of foreign opinion to prevail." The True
Southron, published in Mississippi, suggested the " propriety of
stimulating the zeal of the pulpit by founding a prize for the best
sermon on free-trade in negroes." This proposition was approved, and
pulpits exhibited zeal in the cause. James H. Thornwell, D.D., president
of the Presbyterian Theological Seminary in Columbus, S. C., asserted
his conviction that the African slave-trade formed the most worthy of
all missionary societies. Southern legislatures and conventions openly
discussed the subject of reopening the slave-trade. The Southern
Commercial Convention, held in Vicksburg, Miss., May 11, 1859, resolved,
by a vote of 47 to 16, that " all laws, State or federal, prohibiting
the African slave-trade ought to be abolished." It was warmly advocated
by several men who became Confederate leaders in the
Civil War. The late
JOHN SLIDELL, of Louisiana, urged in the United States Senate the
propriety of withdrawing American cruisers from the coasts of Africa,
that the slave-trade might not be interfered with by them. When, in the
summer of 1858, it was known that the traffic was to be carried on
actively by the African Labor-supply Association, the British cruisers
in the Gulf of Mexico were unusually vigilant, and in the course of a
few weeks boarded about fifty American vessels suspected of being
slavers.
The influence of the slave-holders was brought to bear so powerfully
upon the administration that the government protested against what it
was pleased to call the " odious British doctrine of the right of
search." The British government, for " prudential reasons," put a stop
to the practice and laid the blame on the officers of the cruisers.

Plantation Scene
On
April 7, 1862, a treaty was concluded between the United States and
Great Britain for the suppression of the African slave-trade, and signed
at the city of
Washington, D. C. By it ships of the respective nations should have
the right of search of suspected
slave-ships; but that right was restricted to vessels of war
authorized expressly for that object, and in no case to be exercised
with respect to a vessel of the navy of either of the powers, but only
as regards merchant vessels. Nothing was done under this treaty, as the
emancipation proclamation and other circumstances made action
unnecessary.
In his
annual message to the Confederate Congress (Nov. 7, 1864),
President Davis drew a gloomy picture of the condition of the
Confederate finances and the military strength. He showed that the
Confederate debt was $1,200,000,000, without a real basis of credit, and
a paper currency depreciated several hundred per cent. It had been
recommended, as the enlistments and conscriptions of the white people
failed to make up losses in the Confederate army, to arm the slaves; but
this was considered too dangerous, for they would be more likely to
fight for the Nationals than for the Confederates. Davis was averse to a
general arming of the negroes, but he recommended the employment of
40,000 of them as pioneer and engineer laborers in the army, and not as
soldiers, excepting in the last extremity. " Should the alternative ever
be presented," he said, " of a subjugation, or the employment of the
slave as a soldier, there seems to be no reason to doubt what should
then be the decision "; and he suggested the propriety of holding out to
the negro, as an inducement for him to give faithful service, even as a
laborer in the army, a promise of his emancipation at the end of the
war. These propositions and suggestions disturbed the slave-holders, for
they indicated an acknowledgment on the part of " the government " that
the cause was reduced to the alternative of liberating the slaves and
relying upon them to secure the independence of the Confederacy, or of
absolute subjugation. There was wide-spread discontent; and when news of
the reelection of President Lincoln, by an unprecedented majority,
reached the people, they yearned for peace rather than for independence.
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