To properly understand the condition
of things preceding the great war of the Rebellion,
and the causes underlying that condition and the war
itself, we must glance backward through the history
of the Country to, and even beyond, that memorable
30th of November, 1782, when the Independence of the
United States of America was at last conceded by Great
Britain. At that time the population of the United
States was about 2,500,000 free whites and some 500,000
black slaves. We had gained our Independence
of the Mother Country, but she had left fastened upon
us the curse of Slavery. Indeed African Slavery
had already in 1620 been implanted on the soil of
Virginia before Plymouth Rock was pressed by the feet
of the Pilgrim Fathers, and had spread, prior to the
Revolution, with greater or less rapidity, according
to the surrounding adaptations of soil, production
and climate, to every one of the thirteen Colonies.
But while it had thus spread more
or less throughout all the original Colonies, and
was, as it were, recognized and acquiesced in by all,
as an existing and established institution, yet there
were many, both in the South and North, who looked
upon it as an evil an inherited evil and
were anxious to prevent the increase of that evil.
Hence it was that even as far back as 1699, a controversy
sprang up between the Colonies and the Home Government,
upon the African Slavery question a controversy
continuing with more or less vehemence down to the
Declaration of Independence itself.
It was this conviction that it was
not alone an evil but a dangerous evil, that induced
Jefferson to embody in his original draft of that
Declaration a clause strongly condemnatory of the African
Slave Trade a clause afterward omitted
from it solely, he tells us, “in complaisance
to South Carolina and Georgia, who had never attempted
to restrain the importation of slaves, and who, on
the contrary, still wished to continue it,”
as well as in deference to the sensitiveness of Northern
people, who, though having few slaves themselves, “had
been pretty considerable carriers of them to others”
a clause of the great indictment of King George iii.,
which, since it was not omitted for any other reason
than that just given, shows pretty conclusively that
where the fathers in that Declaration affirmed that
“all men are created equal,” they included
in the term “men,” black as well as white,
bond as well as free; for the clause ran thus:
“Determined to keep open a market where men
should be bought and sold, he has prostituted his negative
for suppressing every Legislative attempt to prohibit
or to restrain this execrable commerce. And
that this assemblage of horrors might want no fact
of distinguished dye, he is now exciting those very
people to rise in arms among us, and purchase that
liberty of which he has deprived them, by murdering
the people on whom he also obtruded them; thus paying
of former crimes committed against the liberties
of our people with crimes which he urges them to commit
against the lives of another.”
[Prior to 1752, when Georgia surrendered
her charter and became a Royal Colony, the holding
of slaves within its limits was expressly prohibited
by law; and the Darien (Ga.) resolutions of 1775 declared
not only a “disapprobation and abhorrence of
the unnatural practice of Slavery in America”
as “a practice founded in injustice and
cruelty, and highly dangerous to our Liberties (as
well as lives) but a determination to use our
utmost efforts for the manumission of our slaves
in this colony upon the most safe and equitable
footing for the masters and themselves.”]
During the war of the Revolution following
the Declaration of Independence, the half a million
of slaves, nearly all of them in the Southern States,
were found to be not only a source of weakness, but,
through the incitements of British emissaries, a standing
menace of peril to the Slaveholders. Thus it
was that the South was overrun by hostile British
armies, while in the North-comparatively free of this
element of weakness disaster after disaster
met them. At last, however, in 1782, came the
recognition of our Independence, and peace, followed
by the evacuation of New York at the close of 1783.
The lessons of the war, touching Slavery,
had not been lost upon our statesmen. Early
in 1784 Virginia ceded to the United States her claims
of jurisdiction and otherwise over the vast territory
north-west of the Ohio; and upon its acceptance, Jefferson,
as chairman of a Select Committee appointed at his
instance to consider a plan of government therefor,
reported to the ninth Continental Congress an Ordinance
to govern the territory ceded already, or to be ceded,
by individual States to the United States, extending
from the 31st to the 47th degree of north latitude,
which provided as “fundamental conditions between
the thirteen original States and those newly described”
as embryo States thereafter to be carved
out of such territory ceded or to be ceded to the
United States, not only that “they shall forever
remain a part of the United States of America,”
but also that “after the year 1800 of the Christian
era, there shall be neither Slavery nor involuntary
servitude in any of the said States” and
that those fundamental conditions were “unalterable
but by the joint consent of the United States in Congress
assembled, and of the particular State within which
such alteration is proposed to be made.”
But now a signal misfortune befell.
Upon a motion to strike out the clause prohibiting
Slavery, six States: New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York and Pennsylvania,
voted to retain the prohibitive clause, while three
States, Maryland, Virginia and South Carolina, voted
not to retain it. The vote of North Carolina
was equally divided; and while one of the Delegates
from New Jersey voted to retain it, yet as there was
no other delegate present from that State, and the
Articles of Confederation required the presence of
“two or more” delegates to cast the vote
of a State, the vote of New Jersey was lost; and,
as the same Articles required an affirmative vote of
a majority of all the States and not simply
of those present the retention of the clause
prohibiting Slavery was also lost. Thus was lost
the great opportunity of restricting Slavery to the
then existing Slave States, and of settling the question
peaceably for all time. Three years afterward
a similar Ordinance, since become famous as “the
Ordinance of ’87,” for the government
of the North-west Territory (from which the Free States
of Ohio, Indiana, Illinois, Michigan and Wisconsin
have since been carved and admitted to the Union)
was adopted in Congress by the unanimous vote of all
the eight States present. And the sixth article
of this Ordinance, or “Articles of Compact,”
which it was stipulated should “forever remain
unalterable, unless by common consent,” was
in these words:
“Ar. There shall be
neither Slavery nor involuntary servitude in the said
Territory, otherwise than in punishment of crimes,
whereof the party shall have been duly convicted;
provided always that any person escaping into the
same from whom labor or service is lawfully claimed
in any one of the original States, such fugitive may
be lawfully reclaimed, and conveyed to the person
claiming his or her labor, or service, as aforesaid.”
But this Ordinance of ’87, adopted
almost simultaneously with the framing of our present
Federal Constitution, was essentially different from
the Ordinance of three years previous, in this:
that while the latter included the territory south
of the Ohio River as well as that north-west of it,
this did not; and as a direct consequence of this
failure to include in it the territory south of that
river, the States of Tennessee, Alabama and Mississippi,
which were taken out of it, were subsequently admitted
to the Union as Slave States, and thus greatly augmented
their political power. And at a later period
it was this increased political power that secured
the admission of still other Slave States as
Florida, Louisiana and Texas which enabled
the Slave States to hold the balance of such power
as against the original States that had become Free,
and the new Free States of the North-west.
Hence, while in a measure quieting
the great question of Slavery for the time being,
the Ordinance of ’87 in reality laid the ground-work
for the long series of irritations and agitations
touching its restrictions and extension, which eventually
culminated in the clash of arms that shook the Union
from its centre to its circumference. Meanwhile,
as we have seen while the Ordinance of
1787 was being enacted in the last Congress of the
old Confederation at New York the Convention
to frame the present Constitution was sitting at Philadelphia
under the Presidency of George Washington himself.
The old Confederation had proved itself to be “a
rope of sand.” A new and stronger form
of government had become a necessity for National
existence.
To create it out of the discordant
elements whose harmony was essential to success, was
an herculean task, requiring the utmost forbearance,
unselfishness, and wisdom. And of all the great
questions, dividing the framers of that Constitution,
perhaps none of them required a higher degree of self
abnegation and patriotism than those touching human
Slavery.
The situation was one of extreme delicacy.
The necessity for a closer and stronger Union of
all the States was apparently absolute, yet this very
necessity seemed to place a whip in the hands of a
few States, with which to coerce the greater number
of States to do their bidding. It seemed that
the majority must yield to a small minority on even
vital questions, or lose everything.
Thus it was, that instead of an immediate
interdiction of the African Slave Trade, Congress
was empowered to prohibit it after the lapse of twenty
years; that instead of the basis of Congressional Representation
being the total population of each State, and that
of direct taxation the total property of each State,
a middle ground was conceded, which regarded the Slaves
as both persons and property, and the basis both of
Representation and of Direct Taxation was fixed as
being the total Free population “plus three-fifths
of all other persons” in each State; and that
there was inserted in the Constitution a similar clause
to that which we have seen was almost simultaneously
incorporated in the Ordinance of ’87, touching
the reclamation and return to their owners of Fugitive
Slaves from the Free States into which they may have
escaped.
The fact of the matter is, that the
Convention that framed our Constitution lacked the
courage of its convictions, and was “bulldozed”
by the few extreme Southern Slave-holding States South
Carolina and Georgia especially. It actually
paltered with those convictions and with the truth
itself. Its convictions those at least
of a great majority of its delegates were
against not only the spread, but the very existence
of Slavery; yet we have seen what they unwillingly
agreed to in spite of those convictions; and they
were guilty moreover of the subterfuge of using the
terms “persons” and “service or labor”
when they really meant “Slaves” and “Slavery.”
“They did this latter,” Mr. Madison says,
“because they did not choose to admit the right
of property in man,” and yet in fixing the basis
of Direct Taxation as well as Congressional Representation
at the total Free population of each State with “three-fifths
of all other persons,” they did admit the right
of property in man! As was stated by Mr. Iredell
to the North Carolina Ratification Convention, when
explaining the Fugitive Slave clause: “Though
the word ‘Slave’ is not mentioned, this
is the meaning of it.” And he added:
“The Northern delegates, owing to their peculiar
scruples on the subject of Slavery, did not choose
the word ‘Slave’ to be mentioned.”
In March, 1789, the first Federal
Congress met at New York. It at once enacted
a law in accordance with the terms of the Ordinance
of ’87 adapting it to the changed
order of things under the new Federal Constitution prohibiting
Slavery in the Territories of the North-west; and
the succeeding Congress enacted a Fugitive-Slave law.
In the same year (1789) North Carolina
ceded her western territory (now Tennessee) south
of the Ohio, to the United States, providing as one
of the conditions of that cession, “that no
regulation made, or to be made, by Congress, shall
tend to emancipate Slaves.” Georgia, also,
in 1802, ceded her superfluous territorial domain
(south of the Ohio, and now known as Alabama and Mississippi),
making as a condition of its acceptance that the Ordinance
of ’87 “shall, in all its parts, extend
to the territory contained in the present act of cession,
the article only excepted which forbids Slavery.”
Thus while the road was open and had
been taken advantage of, at the earliest moment, by
the Federal Congress to prohibit Slavery in all the
territory north-west of the Ohio River by Congressional
enactment, Congress considered itself barred by the
very conditions of cession from inhibiting Slavery
in the territory lying south of that river. Hence
it was that while the spread of Slavery was prevented
in the one Section of our outlying territories by
Congressional legislation, it was stimulated in the
other Section by the enforced absence of such legislation.
As a necessary sequence, out of the Territories of
the one Section grew more Free States and out of the
other more Slave States, and this condition of things
had a tendency to array the Free and the Slave States
in opposition to each other and to Sectionalize the
flames of that Slavery agitation which were thus continually
fed.
Upon the admission of Ohio to Statehood
in 1803, the remainder of the North-west territory
became the Territory of Indiana. The inhabitants
of this Territory (now known as the States of Indiana,
Illinois, Michigan and Wisconsin), consisting largely
of settlers from the Slave States, but chiefly from
Virginia and Kentucky, very persistently (in 1803,
1806 and 1807) petitioned Congress for permission to
employ Slave Labor, but although their
petitions were favorably reported in most cases by
the Committees to which they were referred without
avail, Congress evidently being of opinion that a
temporary suspension in this respect of the sixth
article of the Ordinance of ’87 was “not
expedient.” These frequent rebuffs by Congress,
together with the constantly increasing emigration
from the Free States, prevented the taking of any
further steps to implant Slavery on the soil of that
Territory.
Meanwhile the vast territory included
within the Valley of the Mississippi and known at
that day as the “Colony of Louisiana,”
was, in 1803, acquired to the United States by purchase
from the French to whom it had but lately
been retroceded by Spain. Both under Spanish
and French rule, Slavery had existed throughout this
vast yet sparsely populated region. When we
acquired it by purchase, it was already there, as
an established “institution;” and the Treaty
of acquisition not only provided that it should be
“incorporated into the Union of the United States,
and admitted as soon as possible, according to the
principles of the Federal Constitution,” but
that its inhabitants in the meantime “should
be maintained and protected in the free enjoyment of
their liberty, property, and the religion which they
professed” and, as “the right
of property in man” had really been admitted
in practice, if not in theory, by the framers of that
Constitution itself that institution was
allowed to remain there. Indeed the sparseness
of its population at the time of purchase and the
amazing fertility of its soil and adaptability of
its climate to Slave Labor, together with the then
recent invention by Eli Whitney, of Massachusetts,
of that wonderful improvement in the separation of
cotton-fibre from its seed, known as the “cotton-gin” which
with the almost simultaneous inventions of Hargreaves,
and Arkwright’s cotton-spinning machines, and
Watt’s application of his steam engine, etc.,
to them, marvelously increased both the cotton supply
and demand and completely revolutionized the cotton
industry contributed to rapidly and thickly
populate the whole region with white Slave-holders
and black Slaves, and to greatly enrich and increase
the power of the former.
When Jefferson succeeded in negotiating
the cession of that vast and rich domain to the United
States, it is not to be supposed that either the allurements
of territorial aggrandizement on the one hand, or the
impending danger to the continued ascendency of the
political party which had elevated him to the Presidency,
threatening it from all the irritations with republican
France likely to grow out of such near proximity to
her Colony, on the other, could have blinded his eyes
to the fact that its acquisition must inevitably tend
to the spread of that very evil, the contemplation
of which, at a later day, wrung from his lips the
prophetic words, “I tremble for my Country when
I reflect that God is just.” It is more
reasonable to suppose that, as he believed the ascendency
of the Republican party of that day essential to the
perpetuity of the Republic itself, and revolted against
being driven into an armed alliance with Monarchical
England against what he termed “our natural
friend,” Republican France, he reached the conclusion
that the preservation of his Republican principles
was of more immediate moment than the question of
the perpetuation and increase of human Slavery.
Be that as it may, it none the less remains a curious
fact that it was to Jefferson, the far-seeing statesman
and hater of African Slavery and the author of the
Ordinance of 1784 which sought to exclude
Slavery from all the Territories of the United States
south of, as well as north-west of the Ohio River that
we also owe the acquisition of the vast territory
of the Mississippi Valley burdened with Slavery in
such shape that only a War, which nearly wrecked our
Republic, could get rid of!
Out of that vast and fertile, but
Slave-ridden old French Colony of “Louisiana”
were developed in due time the rich and flourishing
Slave States of Louisiana, Missouri and Arkansas.
It will have been observed that this
acquisition of the Colony of Louisiana and the contemporaneous
inventions of the cotton-gin, improved cotton-spinning
machinery, and the application to it of steam power,
had already completely neutralized the wisdom of the
Fathers in securing, as they thought, the gradual
but certain extinction of Slavery in the United States,
by that provision in the Constitution which enabled
Congress, after an interval of twenty years, to prohibit
the African Slave Trade; and which led the Congress,
on March 22, 1794, to pass an Act prohibiting it;
to supplement it in 1800 with another Act in the same
direction; and on March 2, 1807, to pass another supplemental
Act to take effect January 1, 1808 still
more stringent, and covering any such illicit traffic,
whether to the United States or with other countries.
Never was the adage that, “The best laid schemes
o’ mice an’ men gang aft agley,”
more painfully apparent. Slaves increased and
multiplied within the land, and enriched their white
owners to such a degree that, as the years rolled
by, instead of compunctions of conscience on the subject
of African Slavery in America, the Southern leaders
ultimately persuaded themselves to the belief that
it was not only moral, and sanctioned by Divine Law,
but that to perpetuate it was a philanthropic duty,
beneficial to both races! In fact one of them
declared it to be “the highest type of civilization.”
In 1812, the State of Louisiana, organized
from the purchased Colony of the same name, was admitted
to the Union, and the balance of the Louisiana purchase
was thereafter known as the Territory of Missouri.
In 1818 commenced the heated and protracted
struggle in Congress over the admission of the State
of Missouri created from the Territory of
that name as a Slave State, which finally
culminated in 1820 in the settlement known thereafter
as the “Missouri Compromise.”
Briefly stated, that struggle may
be said to have consisted in the efforts of the House
on the one side, to restrict Slavery in the State
of Missouri, and the efforts of the Senate on the other,
to give it free rein. The House insisted on
a clause in the Act of admission providing, “That
the introduction of Slavery or involuntary servitude
be prohibited, except for the punishment of crimes
whereof the party has been duly convicted; and that
all children born within the said State, after the
admission thereof into the Union, shall be declared
Free at the age of twenty-five years.”
The Senate resisted it and the Bill fell.
In the meantime, however, a Bill passed both Houses
forming the Territory of Arkansas out of that portion
of the Territory of Missouri not included in the proposed
State of Missouri, without any such restriction upon
Slavery. Subsequently, the House having passed
a Bill to admit the State of Maine to the Union, the
Senate amended it by tacking on a provision authorizing
the people of Missouri to organize a State Government,
without restriction as to Slavery. The House
decidedly refused to accede to the Senate proposition,
and the result of the disagreement was a Committee
of Conference between the two Houses, and the celebrated
“Missouri Compromise,” which, in the language
of another [Hon. John Holmes of Massachusetts,
of said Committee on Conference, March 2, 1820.] ,
was: “that the Senate should give up its
combination of Missouri with Maine; that the House
should abandon its attempt to restrict Slavery in
Missouri; and that both Houses should concur in passing
the Bill to admit Missouri as a State, with”
a “restriction or proviso, excluding Slavery
from all territory north and west of the new State” that
“restriction or proviso” being in these
words: “That in all that territory ceded
by France to the United States under the name of Louisiana,
which lies north of thirty-six degrees, thirty minutes
north latitude, excepting only such part thereof as
is included within the limits of the State contemplated
by this act, Slavery and involuntary servitude, otherwise
than in the punishment of crime, whereof the party
shall have been duly convicted, shall be and is hereby
forever prohibited; Provided always, that any person
escaping into the same, from whom labor and service
is lawfully claimed in any State or Territory of the
United States, such Fugitive may be lawfully reclaimed
and conveyed to the person claiming his or her labor
or service, as aforesaid.” At a subsequent
session of Congress, at which Missouri asked admission
as a State with a Constitution prohibiting her Legislature
from passing emancipation laws, or such as would prevent
the immigration of Slaves, while requiring it to enact
such as would absolutely prevent the immigration of
Free Negroes or Mulattoes, a further Compromise was
agreed to by Congress under the inspiration of Mr.
Clay, by which it was laid down as a condition precedent
to her admission as a State a condition
subsequently complied with that Missouri
must pledge herself that her Legislature should pass
no act “by which any of the citizens of either
of the States should be excluded from the enjoyment
of the privileges and immunities to which they are
entitled under the Constitution of the United States.”
This, in a nut-shell, was the memorable
Missouri Struggle, and the “Compromise”
or Compromises which settled and ended it. But
during that struggle as during the formation
of the Federal Constitution and at various times in
the interval when exciting questions had arisen the
bands of National Union were more than once rudely
strained, and this time to such a degree as even to
shake the faith of some of the firmest believers in
the perpetuity of that Union. It was during this
bitter struggle that John Adams wrote to Jefferson:
“I am sometimes Cassandra enough to dream that
another Hamilton, another Burr, may rend this mighty
fabric in twain, or perhaps into a leash, and a few
more choice spirits of the same stamp might produce
as many Nations in North America as there are in Europe.”
It is true that we had “sown
the wind,” but we had not yet “reaped the
whirlwind.”