CHAPTER III.

SLAVERY IN THE UNITED STATES BEFORE 1820

First Appearance of Slavery in the British North American

Colonies--Early Theory of the Benefits of Slavery--The Earliest Legal

Recognition of Slavery in the Colonies--Northern Colonies not well

Adapted to Negro Labor--The Southern Colonies well Adapted to Negro

Labor--Negro Slavery a Temporary Necessity in the South--Was Negro

Slavery an Error and an Evil from the first?--Slavery Legislation in

the Southern Colonies--Partus Sequitur Ventrem--Definitions of the

Slave Class--The Test of the Slave Status as Fixed by the Virginia

Statute--The Legal Position of the Slave--Tendency Toward Serfage in

the Code of 1705--Public Relations of the Slave System--The General

Object of the Laws in respect to Slaves--Slavery and the Revolutionary

Ideas of the Rights of Man--First Prohibition upon Slave

Importation--Abolition of Slavery in the Northern Commonwealths after

the Beginning of the Revolution--Slavery and the Constitution of

1787--Reaction against the Humanitarian Principles of the

Revolution--Abolition of the Foreign Slave-trade by Congress--Cotton

Culture and the Cotton-gin--The Effect of the Return to the Arts of

Peace upon the Ideas Concerning Slavery--Slavery During the War of

1812 and the Years just before and just after this War--Slavery in the

Louisiana Territory--Slavery in the territory West of North Carolina

and Georgia--Slavery in Louisiana a Different Question from Slavery in

the North Carolina and Georgia Cessions--Interest in Slavery in

Maryland and Virginia Increased by the Acquisition of Louisiana--The

Domestic Slave-trade--The Relation of Slavery to the Diplomacy of the

United States.

It is not easy to define the term slavery in the abstract without

unfitting it for application to the great majority {40} of the systems

of servitude which have ever existed. Especially will it be difficult

to gain a correct conception of the relation between the white man and

the negro in North America previous to 1860 by means of such a

definition.

The institution of negro slavery in the United States was an

historical growth, which was in some respects unique. We shall,

therefore, do better to follow the main stages of that development

than to attempt at the outset any definition whatsoever. We may, in

this manner, build up a true description of it, and escape the error

frequently contained in the brevity of a definition and in the nature

of an abstract proposition.

[Sidenote: First appearance of slavery in the British North American

colonies.]

[Sidenote: Early theory of the benefits of slavery.]

It began its existence, like most institutions and relations, as a

social custom. Most of the historians record the appearance of a Dutch

merchant ship at Jamestown, in the year 1619, having negroes on board,

and inform us that twenty of them were sold to the colonists. What

title the Dutch traders had to such property, exactly what they sold

to the colonists, and what rights the colonists acquired in or over

such property, were defined, guaranteed, and secured by no existing

statutes. If any of the parties to the transaction reflected upon

these subjects at all, they must have supposed that the right of

possession and the freedom of contract covered the whole case. There

is certainly no evidence that any of these parties, or anybody else,

had the faintest conception that the law of any state, or any

principle of natural justice, or of reason, was violated or impaired

by the procedure or the results of the procedure. It was a firmly and

universally established opinion of the time that the attachment of

infidels to Christians in a relation of servant to master was vastly

beneficial to the infidel, certainly so when {41} the infidel was also

a barbarian, and was taken out of slavery to a barbarian master, as

was the case in respect to almost all of the negroes brought to the

English colonies in North America.

We cannot dismiss this opinion as one of the errors of the dark ages.

It lives to-day as a principle of modern political science and

practical politics, under the form of statement that civilized people

have the right and duty to impose civilization upon uncivilized

populations by whatever means they may deem to be just and proper.

There can be no reasonable doubt that the negroes transferred from

slavery in Africa to slavery in the English-American colonies

themselves felt the amelioration of their condition, and were, in

general, entirely contented with their new lot.

[Sidenote: The earliest legal recognition of slavery in the colonies.]

The relation was established in the Northern colonies, as well as in

the Southern, in the early years of their existence, and it was in

Massachusetts rather than in Virginia that it first received legal

recognition, and began to be changed from a purely domestic

institution by suffering governmental regulation. In the Massachusetts

"Fundamentals," or "Body of Liberties," passed by the General Court in

1641, the slavery of negroes and Indians, and the slave-trade, were

expressly legalized. In fact, so far as the colonists themselves were

responsible for the introduction of negro slavery among them, the

impartial historian must place the greater blame upon a Northern

colony. Its citizens were first to develop commerce, and it was their

ships which brought the slave cargoes from the coasts of Africa to all

of the colonies.

[Sidenote: Northern colonies not well adapted to negro labor.]

[Sidenote: The Southern colonies well adapted to negro labor.]

The negroes were not, however, fitted for labor in the Northern

colonies. In the first place, it was too cold for them to thrive

there. A warm, moist air is the natural climate for the negro. In the

second place, the {42} work to be done in these sections was not

suited to his capacity. The Northern colonies had not, indeed, at that

early day, developed the finer forms of industry which have

subsequently distinguished that part of the country. They were then,

as to their internal pursuits, almost as completely agricultural as

the colonies of the South. But their farming required a great deal

more of intelligence, thrift, and industry in the laborer than the

negro of that day possessed. The country was broken, the good soil was

limited in amount, the weather was capricious, and the management of

the crops demanded judgment and discretion. On the other hand, the

vast level areas of good soil, the warm, uniform climate, and the

simple crops of the Southern colonies furnished the conditions

favorable to the employment of negro labor.

[Sidenote: Negro slavery a temporary necessity in the South.]

It is not easy to see how the rich swamp-lands of these colonies could

ever have been reclaimed and made tributary to the civilization of the

world in any way but by the employment of negro labor. And it is no

easier to see how the pure negro could then have been brought to do

this great work save through slavery to the white race, save by being

forced to contribute the muscular effort, under the direction of the

superior intelligence of the white race, to the realization of objects

determined by that superior intelligence. The negro is proof against

malaria, and thrives under the burning sun. The white man is destroyed

by the former and greatly disabled by the latter. And the pure negro

would not at that period of his development labor voluntarily. These

were the elements of the problem which confronted those who undertook

to subject the vast marshes of the Southern colonies to cultivation

and to prepare them for the {43} production of their most valuable

contributions to the comforts of civilized man. The solution of the

problem was negro slavery.

[Sidenote: Was negro slavery an error and an evil from the first?]

We are most of us inclined, at this day, to hold that this was an

erroneous solution, and that we could have discovered a better one;

but it was the solution which was reached, and we shall be wiser if we

seek to understand it clearly, instead of wasting our energies in its

condemnation, remembering that many of the things of the past, which,

from the point of view of the present, we are prone to regard as

error, and even as sin, are only anachronisms. In fact, those who

founded the colony of Georgia thought _then_ that they had a better

solution of the problem. They prohibited slavery at the outset from

that colony. In fourteen years they came to regard this act as a great

mistake, and the noblest spirits among them acknowledged themselves in

error, and joined in the movement for the introduction of negro

slave-labor.

[Sidenote: Slavery legislation in the Southern colonies.]

The conditions above mentioned were undoubtedly the chief causes of

the more rapid and pronounced development of negro slavery in the

Southern colonies. And that more rapid and pronounced development

directs us rather to the legislation of the Southern colonies than to

that of the Northern, in following the legalization of the relation.

[Sidenote: Partus sequitur ventrem.]

Virginia naturally took the lead, and furnished the precedents for the

others. The first question, both as to time and importance, which

required legislative treatment, was the question of the status of the

children of slaves. Where legalized marriage does not exist, the only

certainty in respect to parentage is attained by regarding the mother.

Rights and status in such a condition of society are, therefore,

transmitted through the female line. _Partus sequitur ventrem_ is the

rule {44} not only of the civil law, but of every system of law

regulating the accidents of descent among people where the mingling of

the sexes is not controlled by civilized marriage. Insuperable

obstacles present themselves in the attempt to apply any other rule.

It was no unusual or arbitrary enactment of the Virginia legislature

which, in 1662, prescribed the rule that the status of the slave

mother should determine that of her offspring. This rule was followed

in all the colonies, and many of them enacted it into statute law.

[Sidenote: Definitions of the slave class.]

So long as the slaves were few in number and were not Christians the

necessity for legislation defining the slave class was not felt; but

so soon as the slave-trade became more active, and slaves began to

receive Christian baptism, the old customary test in regard to this

matter, that of infidelity or heathenism, would no longer suffice. The

colonists of that day were too conscientious to cut the knot of this

difficulty by denying Christian baptism to any one seeking it. They

considered it their prime duty to lead the heathen to the knowledge of

Christ. It is evident that their consciences were greatly troubled

over the question of the effect of Christian baptism upon the slave

status. The colonial legislatures, the Home Government, and the Bishop

of London were appealed to for counsel in the dilemma. The answers

received from all of these were to the effect that the status of the

slave was not changed by Christian baptism or conversion.

[Sidenote: The test of the slave status as fixed by the Virginia

statute.]

The test of the slave status was then necessarily fixed by

legislation. The Virginia statute declared all servants brought into

the country by land or sea, who were not Christians in their native

country at the time when they were purchased or procured, nor free in

{45} England or some other Christian country, to be slaves. Exception

was made of Turks and Moors in amity with the King. This statute,

taken together with the rule _partus sequitur ventrem_, which rule was

re-enacted, became the test of the slave class. At the same time heavy

penalties were attached to the marriage or cohabitation of white women

with slaves.

[Sidenote: The legal position of the slave.]

Of course it very soon became necessary that the legal position of the

slave should be definitely fixed. The legislature of Virginia again

set the precedents. Concisely stated, this legislation provided that a

slave could have no standing in the ordinary courts, either as party

or witness; that a slave could own no property; that a slave owed

obedience to the master, who might force the slave to labor, and

chastise the slave even to the extreme of so injuring the slave that

the slave might die in consequence thereof, without incurring the

penalties of felony; that the slave could be sold or inherited as

personal property; and that the offspring of the female slave belonged

to the master owning her at the time of its birth.

[Sidenote: Tendency toward serfage in the Code of 1705.]

The wilful killing of a slave by anyone, even the master, was

accounted murder, and extraordinary tribunals, without a jury, were

constituted for the protection of his person. The Code of 1705 even

contained regulations which indicated that the trend of thought and of

legislation, at that juncture, was toward attaching the slave to the

soil, which would have been a step upward in a course, which, if

consistently followed, would have made the slave a serf. But the still

prevailing rules, which allowed the slave to be seized and sold for

the debts of the master, and regulated the inheritance of slaves

according to the {46} law governing the descent of personal property,

seem to have completely neutralized that tendency before the middle of

the century had been reached.

[Sidenote: Public relations of the slave system.]

Naturally the private law accidents of the relation were first

developed and fixed, but very soon the rights and powers of the

community in regard to the institution began to claim attention. The

public peace and welfare must be safeguarded against the possible

conduct of the slave, on the one hand, and of the master, on the

other.

The legislation of Virginia set the example in these respects also.

That legislation provided that no slave should have, or carry arms, or

go outside of the plantation of his master without a pass from his

master, or lift his hand against a Christian; that a sheriff should

arrest a runaway slave on the warrant of two justices, and might

lawfully kill any slave who resisted arrest; and that no slave should

be emancipated without the consent of the Governor and Council.

On the other hand, it provided that the master should be responsible

for all damage done by his slave at any place where there was no

Christian overseer, and required that any master giving freedom to his

slave should pay the cost of his transportation out of the colony.

[Sidenote: The general object of the laws in respect to slaves.]

Such was substantially the law of negro slavery in all of the colonies

at the beginning of the decade before the Revolution. It was perhaps

more severe than this in South Carolina, and it was certainly less so

in Massachusetts.

The objects which it had in view were to secure the master's property

in the slave, to enable the master to hold the slave in obedience and

force him, if necessary, to labor, and to protect the public peace and

welfare against the abuse of the relation by the master, and against

the vicious nature of the slave.

{47} It does certainly appear that the century of law-making upon the

subject had not ameliorated the condition of the slave. We must

remember, however, that the first stages in the legalization of any

relation sometimes make the situation appear worse than what obtained

before the movement began, although it may not be worse in fact.

[Sidenote: Slavery and the Revolutionary ideas of the rights of man.]

But the period of the Revolution brought with it a great change of

view in regard to the morality of slavery, and this change of idea

produced great modifications in the law of slavery, all of which

tended not only toward an improvement of the condition of the slave,

but also toward the ultimate extinction of slavery.

When we regard the Revolution of the colonies against the motherland

from the point of view of the present, we can easily see that its

purpose was very different from that of the French Revolution. What it

really sought and accomplished was national independence against

foreign rule. Those, however, who formulated the creed of the

Revolution sought its justification in the doctrine of human rights

rather than in that of national rights. The philosophy of the

eighteenth century was a humanitarian outburst. Politically and

legally it is summed up in the very misleading propositions that all

men are born equal and are endowed with freedom, and that the people

have the right to change or abolish existing government at their

pleasure. Whatever we may think of these doctrines now, our ancestors

professed to believe in them, and there is no reason to doubt the

sincerity of their profession, so far as their own consciousness went.

They saw also the inconsistency of slavery with these doctrines, and

quickly came to regard slavery as an evil which should be removed as

soon as possible.

{48} [Sidenote: First prohibition upon slave importation.]

The Continental Congress took the first step in this direction. Two

years before it declared independence it prohibited any further

importation of slaves, and repeated the prohibition two years later.

These acts are good evidence that, at the moment, the question of

slavery was regarded as a matter of national concern.

The Congress was, however, so occupied with the duties pertaining to

the prosecution of the war, that it failed to go forward in this

matter, as well as in many other matters of national concern; and when

the Confederate Congress succeeded the Continental Congress, it did so

upon the basis of a written constitution, or rather articles of union,

which vested no powers whatsoever in it over the subject of slavery.

[Sidenote: Abolition of slavery in the Northern Commonwealths after

the beginning of the Revolution.]

The separate colonies, now become "States" by the theory of the

Articles of Confederation, took up the question. Massachusetts

abolished slavery substantially by her constitution of 1780.

Pennsylvania provided for gradual emancipation by a statute of the

same year. Rhode Island, Connecticut, and New Hampshire followed the

example of Pennsylvania. And New York, New Jersey, Delaware, Maryland,

and Virginia forbade any further importation of slaves.

[Sidenote: The Ordinance of 1787.]

Under such impulses and influences the Confederate Congress, in spite

of the fact that no power in respect to slavery had been conferred

upon it, assumed to pass the famous Ordinance of 1787, decreeing the

free status exclusively in all of the territory then belonging to the

United States north of the Ohio River. The power to enact the

Ordinance could not even be derived by the most generous principles of

implication from any provision in the Articles of Confederation. To

justify the exercise of it by the Confederate {49} Congress it is

necessary to go back to the general principle of political science

that, as there was no government for this territory but the

Confederate Congress, and as there were no limitations in the Articles

of Confederation upon the powers of the Congress in this territory,

the powers of that Congress must have extended in this territory to

all subjects usually regulated by government.

The claim sometimes made that this Ordinance was a treaty between the

"States" forming the Confederation, or between them and the "States"

to be formed out of that territory in the future, is altogether

untenable. It was nothing more nor less than a legislative act of the

Congress.

It is an incontrovertible proof of the universality and intensity of

the opposition to the farther spread of slavery that the common

consciousness of the age acquiesced in this most latitudinarian

construction of the powers of the Confederate Congress, and that the

Congress itself voted the measure with but a single dissenting voice.

[Sidenote: Slavery and the Constitution of 1787.]

At the same moment that this measure was being considered in the

Congress, the Constitutional Convention, sitting at Philadelphia, was

framing the national Constitution of 1787. The attitude which the

nation would assume in this new instrument of its organic law toward

the subject of slavery was one of the most, if not the most, important

of the questions which the Convention was called upon to consider.

There can be little doubt that the men of 1787 had come to regard the

question of the rights of man a little more calmly than they did

during the heat of the battle with the motherland. In Luther Martin's

famous letter to the legislature of Maryland upon the work of the {50}

Convention of 1787, a very significant passage concerning the existing

views upon slavery occurs. He wrote: "At this time we do not generally

hold this commerce" (the slave-trade) "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."

The Constitution of 1787 contains evidence of the correctness of this

statement. Among its provisions were to be found three most important

compromises with the slavery interest, three most important

recognitions of slavery. The first was political in its nature. It

counted the negro for three-fifths of the white man in the

distribution of the representation in the House of Representatives and

in the Presidential Electoral Colleges. The second was commercial in

its nature. It forbade the Congress to prohibit, before the year 1808,

the migration or importation of such persons as the existing "States"

might see fit to admit. The third was a direct guarantee of slave

property. It required the surrender to his master of an escaped slave

wherever found in the United States. These were most momentous

provisions. They secured slave property, increased slave property, and

made slavery a vast political power in the hands of the slave-masters.

There is no doubt that the clock of the ages was turned back full half

a century in regard to this great question by the Constitution of

1787.

[Sidenote: Reaction against the humanitarian principles of the

Revolution.]

From 1787 to 1808 the reactionary course was pursued almost without a

single break. Kentucky was made a Commonwealth with the slave status.

The Congress accepted from North Carolina and Georgia cessions of the

territory which lay to the west of them, and which they claimed as

belonging to them, with a condition {51} that slavery should not be

forbidden therein by Congress. The slave Commonwealth of Tennessee was

immediately formed out of a part of this territory. The vast territory

of Louisiana, in which slavery existed wherever it was inhabited, was

added to the domain of the Union. The District of Columbia, the seat

of the general Government, was made a slave-holding community, through

the adoption by Congress of the laws of Maryland as the code of the

District. A fugitive slave-law was passed by Congress, which enabled

any white man to seize, as his slave, any man of color, and bring him

before any magistrate, and, upon proof satisfactory to the latter, to

demand such papers and certificates as would legally warrant him in

reclaiming the slave and transporting him to the place whence he was

said to have escaped; and petitions to Congress complaining of the

abuse of this arbitrary power were laid aside without consideration.

Even the Territory of Indiana prayed Congress to suspend for it that

part of the Ordinance of 1787 which forbade slavery within its limits.

And South Carolina abolished her law against the importation of

slaves, and opened the way wide for a vast increase of the slave

population.

[Sidenote: Abolition of the foreign slave-trade by Congress.]

These last acts seem to have aroused the consciousness of the Congress

to the rapidity with which the whole country was becoming again

subject to the slave-holding interests. The Congress resisted the

importunities of the Indiana leaders, and after giving South Carolina

a reasonable time to re-enact her law abolishing the foreign

slave-trade, without effect, proceeded itself to abolish the trade

from the first moment that the Constitution permitted this to be done,

from January 1st, 1808.

[Sidenote: Cotton culture and the cotton-gin.]

[Sidenote: The effect of the return to the arts of peace upon the

ideas concerning slavery.]

It has been customary to ascribe the great revulsion {52} of view in

regard to slavery, which certainly manifested itself everywhere in the

United States between 1790 and 1807, to cotton culture and the

cotton-gin. The invention of the cotton-gin, in the first part of the

last decade of the eighteenth century, and the increased demand for

cotton fabrics throughout the world, had made the cultivation of

cotton highly profitable. An increase in cotton culture was naturally

encouraged by such enhanced profits, and this tendency produced an

increased demand for negro labor and for new lands, since the cotton

crop requires a warm climate and low lands, and exhausts the soil very

rapidly. Those parts of the country adapted to cotton-raising felt,

therefore, a renewed interest in the increase of negro labor and in

territorial extension. And those parts not so adapted felt an indirect

interest in the same, since the increased and still increasing profits

of the cotton culture made a market for their slaves and a carrying

trade for their shipowners. There is no doubt that such was the main

cause of the great change of view in regard to the question of negro

slavery which the country experienced between 1790 and 1810, but it

was not the sole cause. It was inevitable that, when the men of that

era passed out of the excited state of mind and feeling produced by

the War with the motherland, and came to the task of re-establishing

the relations of peace and every-day life and business, they should

regain a calmness of judgment, a respect for vested rights, and a

regard for customary relations, which placed the political philosophy

of 1776 under many limitations and qualifications, some of which,

certainly, were sound and valuable. It is only when we take all of

these considerations together that we comprehend the reasoning of the

men of the first decade of this {53} century upon the great question.

They saw a great interest developing which was bringing wealth and

comfort into an impoverished country. They knew that it could be then

sustained only by negro labor. They did not believe that the negro

would work unless forced to it by the white man. They thought it was

better for the negro himself to have food, clothing, and shelter, in

slavery, than to starve, or become a robber, in liberty. They felt, on

the other hand, that the slavery of one human being to another was an

exceptional relation in a political system which rested its own right

to independent existence upon the doctrine of human freedom. It was

not, then, unnatural that they arrived at the conclusion that to

prohibit further importations of the barbarians from Africa was the

only remedy for which the time was ripe. They sincerely believed that

they would place themselves and their slaves in a far more

advantageous position for the gradual elevation of the latter by

having to deal only with negroes born and reared amid civilized

surroundings, and that freedom would finally be attained by all, as

the result of a gradual advancement in intelligence, morals, and

industry, and would be thus attained without any shock to the

civilization and welfare of the country.

This appeared to the men of that day, both of the North and of the

South, to be the only safe way to proceed in solving the question of

the relation between the highly civilized Anglo-American race and the

grossly barbaric negro race in the United States. We think now that

they might have done better, and some of the more unsympathetic

critics of our history affirm that they did nothing of any

consequence, and that in what they did do they acted with a

consciously deceptive purpose. There may have been a few to whom this

criticism can be justly applied, but there is no {54} sufficient

evidence that the mass of them were insincere either in act or

thought. The contention that they were is more partisan than truly

historical.

[Sidenote: Slavery during the War of 1812, and the years just before

and just after this war.]

The decade between 1807 and 1817 was filled with the questions of

foreign relations, of foreign war, and of the results of foreign war.

The suspension, and then the almost entire destruction, of foreign

commerce by the British Orders in Council, the Napoleonic decrees, the

Jeffersonian embargo, and the War of 1812, reduced the exportation in

cotton from about fifty millions of pounds in 1807 to less than twenty

millions of pounds in 1814. The pecuniary interest in the maintenance

of slavery declined thus quite materially, and the majority of the

leading men, both North and South, still regarded negro slavery as

only a temporary status, which would be gradually modified in the

direction of freedom.

[Sidenote: Slavery in the Louisiana territory.]

Notwithstanding all this, however, the slavery interest was steadily

waxing in influence and power throughout this period. First of all the

existence and the extension of slavery in the vast territory purchased

from France was secured. The custom of slave-holding had been

introduced into this territory by the French and Spanish immigrants,

while it was in the possession of France and Spain, before the year

1800. In that year Spain, as we have seen, receded it to France. Nine

years before this date, slavery had been abolished in France by the

National Assembly. It is certainly a question, then, whether the

re-establishment of French supremacy over Louisiana in 1800 did not

produce the abolition of slavery there. It will be remembered that

France was at that moment subject to the consular government of

Bonaparte, and that the Consul was not an enthusiast for the

revolutionary ideals. He did not disturb the custom of slave-holding

{55} in Louisiana, and when he ceded this vast territory to the United

States, in 1803, the custom existed in all its inhabited parts. The

Treaty of cession contained a provision which pledged the Government

of the United States to uphold the rights of property of the

inhabitants of the province. It can be fairly said, therefore, that

the United States Government obligated itself to France to maintain

slavery within the territory ceded until it should be erected into a

Commonwealth, or into Commonwealths, of the Union.

The United States Government might have violated the Treaty, if it had

chosen to do so, and the question then raised would have been one of a

purely diplomatic or international character. There would have been no

question of constitutional power involved. The act of the United

States Government breaking the Treaty would have been the law of the

land for the inhabitants of this territory.

The United States Government, however, not only permitted the

continuance of the custom of slave-holding in Louisiana, but when, in

1804, Congress divided this vast region into two parts by the

thirty-third parallel of latitude, and organized the southern portion

as the Territory of Orleans, and placed the northern portion under the

jurisdiction of the Governor and judges of the Territory of Indiana,

it, at the same time, authorized citizens of the United States

immigrating into the Territory of Orleans, for the purpose of actual

settlement, to take their slaves with them, and provided that the

French laws in force at the date of the division should continue in

the northern part until repealed or modified by the Governor and

judges of Indiana Territory. Any danger to slavery in this district of

Louisiana, which might be contained in the power vested by Congress in

the Governor and judges of the Territory of Indiana to {56} repeal or

modify the French laws which Congress had allowed to continue in the

district, was overcome, the following year, by the independent

organization of this district as the Territory of Louisiana, and by a

provision in the Act of Congress effecting this organization, which

provided for the continuance in force of the laws of the district,

until repealed or modified by the legislature of the Territory.

When, therefore, in 1812, the Territory of Orleans was erected into

the Commonwealth of Louisiana, and the name of the Territory of

Louisiana was changed to Missouri, there was no question about the

status of the new Commonwealth. It was, both in fact and in law, a

slave-holding Commonwealth; and the custom of slave-holding was

perpetuated in the newly named Territory by the provision in the Act

of Congress that the laws and regulations of the Territory of

Louisiana should remain in force in the Territory of Missouri until

repealed or modified by the legislature of the Territory of Missouri.

[Sidenote: Slavery in the territory west of North Carolina and

Georgia.]

The Government of the United States had entered into obligations with

North Carolina and Georgia, as we have seen, not to prohibit slavery

in the territory ceded by them to the United States. Whatever we may

think of the binding force of any such agreement from a legal point of

view, certainly from an ethical point of view it could have been urged

that the Government would have broken faith with some of the citizens

of the United States had the Congress disregarded this understanding.

[Sidenote: Slavery in Louisiana a different question from slavery in

the North Carolina and Georgia cessions.]

It cannot, however, be contended that there was any obligation, legal

or moral, resting upon the Government of the United States toward any

of the citizens of the United States, or any of the Commonwealths, to

maintain slavery in the province of Louisiana and in the {57}

Territories carved out of it. There was, as we have seen, a provision

in the Treaty of cession of 1803, by which the United States

Government obligated itself to France to protect the property of the

inhabitants of the province. But the Government of the United States

was under no obligation to any citizen of the United States, or to any

Commonwealth of the Union, to keep this Treaty inviolate. It may be

affirmed, then, that the United States Government had, in the case of

Louisiana, for the first time, permitted and maintained slavery in

territory where it was perfectly free to act in regard to this subject

as it would, in so far as its own citizens were concerned. This

certainly manifested a great increase in the power of the

slave-holders over the general Government.

[Sidenote: Interest in slavery in Maryland and Virginia increased by

the acquisition of Louisiana.]

In consequence of this vast territorial extension of slavery the

interest of the more Northern of the old slave-holding Commonwealths

in slavery was, during this period, greatly re-enlivened. Maryland and

Virginia were already, in 1807, overstocked with slaves. The opening

up of the virgin lands of the Southwest to the immigration of masters

and slaves from the older Commonwealths, and the abolition of the

foreign slave-trade, now made the Southwest an excellent market for

the surplus slave population of these older Commonwealths.

[Sidenote: The domestic slave-trade.]

The domestic slave-trade began now to be one of the chief sources of

the wealth of Maryland and Virginia especially. Those who participated

in this traffic justified it by the claim that it was better for the

slaves themselves to be removed to new homes, where they could be

better supported, than to be kept in their old homes and suffer for

the want of the necessaries of life, and that the distribution of the

slave {58} population over a larger area would make future

emancipation easier, and less dangerous to the supremacy of the white

race. There was a certain force in this reasoning. The mass of the

slave-holders seem to have been fully convinced of its soundness,

although it did not entirely quiet the consciences of the best men

among them to the many painful incidents connected with the separation

of the slaves, made subject to this traffic, from their old homes and

associations.

It is easy to see, however, that the raising of negro slaves, having

become a most profitable industry in the older Commonwealths, acted as

a vast bribe upon the ideas of men in regard to the questions of the

perpetuation and extension of slavery, and beclouded their consciences

in respect thereto.

[Sidenote: The relation of slavery to the diplomacy of the United

States.]

Finally, the capture and abduction of negro slaves by the British

forces during the War of 1812, and the demand of the slave-holders

that the United States Government should secure the restitution of

their slaves, or compensation for the loss of them, from the British

Government, moved the United States Government to assume its attitude

toward slavery in the administration of the international affairs of

the country. The cardinal political principle of the slave-holding

statesmen, at that period, was that slavery was a "State" matter with

which the United States Government had no concern, and in regard to

which it had no powers. This appeal to the Government to voice and

enforce their demands against Great Britain in respect to their slave

property has seemed, therefore, to some of the later and more radical

critics of American history to have been a gross inconsistency, and

they have represented it as a proof of the insincerity of the

slave-holders wherever their pecuniary interests were involved.

{59} This criticism is rather taking, but a sound view of the

Constitution will hardly support it. In making the United States

Government the _exclusive_ organ for dealing with foreign countries,

the Constitution impliedly confers upon that Government a protectorate

against foreign states over interests which are regulated, internally,

only by the powers of the respective Commonwealths of the Union. It is

true that this doctrine rests upon a national view of the federal

system of government in the United States, a view which the

slave-holding statesmen did not later share. From their later

particularistic principle of the fundamental character of the Union,

such a general protectorate over "State" interests by the United

States Government against foreign countries could hardly be inferred

from the Constitution. If this principle could be assumed by these

critics as having been held at that time by the slave-holding

statesmen, their charge of inconsistency, if not of insincerity, would

be fairly made out. But such, as we have seen, was not the case. Many

of the slave-holding statesmen of 1816 were stronger in the national

view of the character of the Union than were the statesmen of New

England itself.

The United States Government recognized its duty to extend the

protection demanded in the case, and it secured from the British

Government compensation to the masters for the loss of slave property

occasioned by the acts of the British officers during the War.

Such was the status of the slavery question at the close of the War of

1812-15, at the commencement, therefore, of the period when,

withdrawing themselves from foreign complications, the people of the

United States began to adjust the different parts of their political

system, chiefly if not solely, to the demands of their internal

interests, and to solve the problems of their {60} polity from the

point of view of their domestic institutions. It is not strange, then,

that from this point of time onward the powerful institution of negro

slavery recognized more and more clearly its natural relations to all

of these questions of internal policy and law, and sought more and

more determinedly to bring the political system and the policies of

the United States into accord with its own exclusive interests. For

the first three or four years after the close of the War this tendency

did not, as has been pointed out, appear upon the surface, but it was

working in the depths. From 1820 to 1861, certainly, it furnishes the

point of view for the correct elucidation of the majority of the great

problems of the history of the United States.

{61}

The Middle Period, 1817-1858 · 第 3 / 23 章