Part 3

I wish, my Lord, we could be blessed with the same prohibition. They import so many negroes here that I fear this colony will some time or other be confirmed by the name of New Guinea. I am sensible of the many bad consequences of multiplying the Ethiopians amongst us. They blow up the pride and ruin the Industry of our White People, who seeing a Rank of poor creatures below them, detest work for fear it should make them look like slaves. Then that poverty which will ever attend upon Idleness disposes them as much to pilfer as it does the Portuguese....

But these private mischiefs are nothing if compared to the publick danger. It were therefore worth the consideration of a British Parliament, my Lord, to put an end to this unchristian traffick of making merchandise of our Fellow Creatures. At least, the further importation of them into our Colony should be prohibited lest they prove as troublesome and dangerous elsewhere as they have been lately in Jamaica.... All these matters duly considered, I wonder the Legislature will Indulge a few ravenous traders to the danger of the Publick Safety." (From Unpublished Byrd Manuscripts at Lower Brandon, Va.)

Footnote 7:

_History of United States_, Bancroft, Vol. III, p. 410.

Footnote 8:

_Burke's Works_, Little, Brown & Co.'s. Ed., Vol. II, p. 135.

Footnote 9:

_Journal of House of Burgesses_, p. 131, and _Tucker's Blackstone_, appendix, note H. Vol. II, p. 351.

Footnote 10:

_Defense of Virginia_, Dabney, p. 48.

Footnote 11:

_History of United States_, Bancroft, Vol. IV, p. 445.

Footnote 12:

_Writings of Thomas Jefferson_, P. L. Ford, 1892, p. 28.

Footnote 13:

_Abraham Lincoln, A History_, Nicolay & Hay, Vol. I, p. 314.

Footnote 14:

_Suppression of the Slave Trade_, DuBois, p. 43.

Footnote 15:

_Idem_, p. 43.

Footnote 16:

_Writings of Thomas Jefferson_, Ford, 1892, Vol. I, p. 440.

Footnote 17:

_Suppression of the Slave Trade_, DuBois, p. 45.

Footnote 18:

_Idem_, p. 43.

Footnote 19:

_Idem_, p. 47.

Footnote 20:

_Hening's Statutes_, Vol. IX, pp. 112-113.

Footnote 21:

_Idem_, p. 109.

Footnote 22:

_History of United States_, Bancroft, Vol. IV, p. 419.

IV

VIRGINIA'S STATUTE ABOLISHING THE AFRICAN SLAVE TRADE AND HER PART IN ENACTING THE ORDINANCE OF 1787

Foremost among the laws enacted by her General Assembly after Virginia's declaration of independence from British rule was her celebrated statute prohibiting the slave trade. This act was passed in 1778—thus antedating by thirty years the like action of Great Britain. By this law, it was provided, "that from and after the passing of this act no slaves shall hereafter be imported into this commonwealth by sea or land, nor shall any slaves so imported be sold or bought by any person whatsoever." The statute imposed a fine of one thousand pounds upon the person importing them for each slave imported, and also a fine of five hundred pounds upon any person buying or selling any such slave for each slave so bought or sold. The crime of bringing in slaves is still further guarded against by a provision which declares that every slave "shall upon such importation become free."[23] Of this act, Mr. Ballagh, in his _History of Slavery in Virginia_, says, "Virginia thus had the honor of being the first political community in the civilized modern world to prohibit the pernicious traffic."[24]

VIRGINIA'S CONQUEST OF THE NORTHWEST

Next in the sequence of great events linked with this subject was the work of her sons in the preparation and adoption of the ordinance for the government of the northwest territory. This imperial domain from which have been created the states of Ohio, Indiana, Illinois, Michigan and Wisconsin had been conquered by her soldiers, led by her son, George Rogers Clark, acting under a commission of her Governor, Patrick Henry, and her Council.[25] "Virginians," says Mr. Bancroft, "in the service of Virginia." Virginia claimed the country as comprised within the limits fixed by her colonial charter. Massachusetts, Connecticut and New York also asserted claims, but, as John Fiske declares, "It was Virginia that had actually conquered the disputed territory."[26] And again he writes, "Virginia gave up a magnificent and princely territory of which she was actually in possession."[27] When, by the valor of her sons, Virginia had won the land from the English and the Indians, she silenced the murmurings of sister states and consummated the efforts for union by formally relinquishing the great domain to the common weal.

The day that Virginia's deed of cession, March the first, 1784, was accepted by the Continental Congress, Mr. Jefferson reported his bill—the Ordinance of 1784. This measure was one of far reaching importance in that it provided not only for many of the governmental needs of this great territory, but declared that after the year 1800, slavery should never exist in any portion of the vast domain west of a line drawn north and south between Lake Erie and the Spanish dominions of Florida. Had this clause been retained in the ordinance, slavery would have been excluded not only from the five states created out of the northwest territory but from the country south of it and from which were subsequently formed the states of Kentucky, Tennessee, Alabama and Mississippi.

This provision of the ordinance, however, failed of adoption—the votes of six states being recorded in its favor, one less than the requisite majority. Mr. Jefferson's colleagues present, Hardy and Mercer, refused to join him in voting for this novel enactment. Its failure was a matter of profound regret to its author. In a letter to M. de Munier, Mr. Jefferson wrote:

"The voice of a single individual of the state which was divided, or one of those which were of the negative, would have prevented this abominable crime from spreading itself over the new country. Thus we see the fate of millions unborn hanging on the tongue of one man and Heaven was silent in that awful moment."[28]

ORDINANCE OF 1787

This ambition of Mr. Jefferson was not destined to complete defeat. Three years later, the now celebrated Ordinance of 1787 was enacted into law. "No one was more active," says Mr. Fiske, "in bringing about this result than William Grayson of Virginia, who was earnestly supported by Lee."[29]

Mr. Bancroft says:

"Thomas Jefferson first summoned Congress to prohibit slavery in all the territory of the United States; Rufus King lifted up the measure when it lay almost lifeless on the ground, and suggested the immediate instead of the prospective prohibition; a Congress composed of five Southern States to one from New England and two from the Middle States, headed by William Grayson, supported by Richard Henry Lee, and using Nathan Dane as scribe, carried the measure to the goal in the amended form in which King had caused it to be referred to a committee; and, as Jefferson had proposed, placed it under the sanction of an irrevocable compact."[30]

VIRGINIA CONFIRMS ORDINANCE OF 1787

The ordinance as passed contained many provisions in addition to those set out in Virginia's deed of cession. It was necessary, therefore, that Virginia should by proper enactment reaffirm her deed. The General Assembly of Virginia at its next session accordingly passed an act fixing for all time the validity of both deed and ordinance.[31] Mr. Bancroft says:

"A powerful committee on which were Carrington, Monroe, Edmund Randolph and Grayson, successfully brought forward the bill by which Virginia confirmed the ordinance for the colonization of all the territory then in the possession of the United States, by freemen alone."[32]

Thus the old commonwealth which had won the land from England and the Indians bore a foremost part in the legislative work by which slavery was forever excluded from the empire north of the Ohio River.

Footnote 23:

_Hening's Statutes_, Vol. IX, p. 471.

Footnote 24:

_History of Slavery in Virginia_, Ballagh, p. 23.

Footnote 25:

_Life of Patrick Henry_, W. W. Henry, Vol. I, p. 583.

Footnote 26:

_Critical Period of American History_, Fiske, p. 191.

Footnote 27:

_Idem_, p. 195.

Footnote 28:

_Writings of Jefferson_, Ford, Vol. IV, p. 181.

Footnote 29:

_Critical Period of American History_, Fiske, p. 205.

Footnote 30:

_History of United States_, Bancroft, Vol. VI, p. 290.

Footnote 31:

_Hening's Statutes_, Vol. XII, p. 780.

Footnote 32:

_History of United States_, Bancroft, Vol. VI, p. 291.

V

FOREIGN SLAVE TRADE AND THE CONSTITUTION: VIRGINIA'S POSITION

The supreme opportunity for suppressing the importation of slaves and thus hastening the day of emancipation came with the adoption of the Federal Constitution. As we have seen, with every increase in the number of slaves the difficulties and dangers of emancipation were multiplied. The hope of emancipation rested in stopping their further importation and dispersing throughout the land those who had already found a home in our midst. To put an end to "this pernicious traffic" was therefore the supreme duty of the hour, but despite Virginia's protests and appeals the foreign slave trade was legalized by the Federal Constitution for an additional period of twenty years. The nation knew not the day of its visitation—with blinded eyes and reckless hand it sowed the dragon's teeth from which have sprung the conditions and problems which even to-day tax the thought and conscience of the American people.

This action of the convention is declared by Mr. Fiske, to have been "a bargain between New England and the far South."

"New Hampshire, Massachusetts and Connecticut," he adds, "consented to the prolonging of the foreign slave trade for twenty years, or until 1808; and in return South Carolina and Georgia consented to the clause empowering Congress to pass Navigation Acts and otherwise regulate commerce by a simple majority of votes."[33]

OPPOSITION TO FOREIGN SLAVE TRADE

George W. Williams, the negro historian, avers that,

"Thus, by an understanding or, as Gouverneur Morris called it, 'a bargain' between the commercial representatives of the Northern States and the delegates of South Carolina and Georgia, and in spite of the opposition of Maryland and Virginia, the unrestricted power of Congress to enact Navigation Laws was conceded to the Northern merchants; and to the Carolina rice planters, as an equivalent, twenty years' continuance of the African slave trade."[34]

Continuing, Mr. Fiske says, "This compromise was carried against the sturdy opposition of Virginia." George Mason spoke the sentiments of the Mother-Commonwealth when in a speech against this provision of the constitution, which reads like prophecy and judgment, he said:

"This infernal traffic originated in the 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.... 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 nations cannot be rewarded or punished in the next world, they must be in this. By an inevitable chain of causes and effects, Providence punishes National sins by National 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 properly given up. He held it essential, in every point of view, that the General Government should have power to prevent the increase of slavery."

"But these prophetic words of George Mason," adds Mr. Fiske, "were powerless against the combination of New England and the far South."[35]

Some seven decades later, Virginia erected under the shadow of her Capitol a bronze statue to commemorate the fame of this illustrious son.

Governor Randolph and Mr. Madison earnestly supported their colleague, the former declaring that this feature rendered the constitution so odious as to make doubtful his ability to support it; and the latter asserting, "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."[36]

FOREIGN SLAVE TRADE LEGALIZED

Thus it was by the votes of New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina and Georgia, and against the votes of New Jersey, Pennsylvania, Delaware and Virginia, that the slave trade was legalized by the National Government for the period from 1787 to 1808.

DISASTERS RESULTING THEREFROM

If it be argued that this provision of the constitution offered no menace to Virginia or to any other state not willing to admit the importations, the reply is obvious that this action of the National Government was deplorable because it placed the imprimatur of its supreme law upon the morality as well as legality of the slave trade; and further, because with the advent from abroad of every additional slave the difficulties and dangers of emancipating those in the South—their natural habitat—was increased. New England and the North were not menaced. Climatic and economic conditions, as well as their local laws, raised a protecting barrier. Beneath the hot skies of the South—where flourished the much sought for crops of cotton, rice and sugar cane—was the land to which with unerring instinct the Trader piloted his craft freighted with ignorance and woe. As long, therefore, as one port remained open and the National Government sanctioned the traffic, just so long would the inflowing tide continue, each new arrival adding to the difficulties of the situation.

Thus the nation, under its new charter, entered upon its career handicapped by the curse of slavery and further menaced by the new lease of life accorded the slave trade. Upon Virginia the maximum of burden rested. She had within her borders nearly one-third of the whole slave population of the Union. Hers was the ceaseless task of guarding against further importations from home or abroad; of devising some practicable plan for gradually emancipating the slaves in her midst, and meanwhile to continue day by day the work of teaching these children of the Dark Continent an intelligible language, the use of tools, the necessity for labor and the rudiments of morality and religion.

Footnote 33:

_Critical Period of American History_, Fiske, p. 264.

Footnote 34:

_History of Negro Race in America_, Williams, Vol. I, p. 426.

Footnote 35:

_Critical Period of American History_, Fiske, p. 264.

Footnote 36:

_Life and Times of Madison_, Rives, Vol. II, p. 446.

VI

THE FOREIGN SLAVE TRADE VIRGINIA'S EFFORTS TO ABOLISH IT

Despite Virginia's failure to secure the immediate suppression of the foreign slave trade, her sons were active in their efforts to restrict its growth and at the earliest possible moment to drive the slave ships from the seas.

In the first Congress under the constitution, April, 1789, Josiah Parker of Virginia sought to amend the Tariff Bill under discussion by inserting a clause levying an import tax of ten dollars upon every slave brought into the country.

"He was sorry the constitution prevented Congress from prohibiting the importation altogether. It was contrary to Revolution principles and ought not to be permitted.... He hoped Congress would do all in their power to restore to human nature its inherent privileges; to wipe off, if possible, the stigma under which America labored; to do away with the inconsistence in our principles justly charged upon us; and to show by our actions, the pure beneficence of the doctrine held out to the world in our Declaration of Independence."

Mr. Parker was supported by two other Virginians, Theodoric Bland and James Madison, the latter declaring:

"The clause in the constitution allowing a tax to be imposed though the traffic could not be prohibited for twenty years, was inserted, he believed, for the very purpose of enabling Congress to give some testimony of the sense of America with respect to the African trade. By expressing a national disapprobation of that trade it is to be hoped we may destroy it, and so save ourselves from reproaches and our posterity from the imbecility ever attendant on a country filled with slaves."[37]

But notwithstanding these appeals the movement was defeated, though the discussion was evidently fruitful in bringing to the attention of the country that under the constitution, Congress had authority not only to levy a tax of ten dollars per capita on slaves imported, but to prohibit citizens of the United States from engaging in the traffic with foreign countries. These latter conclusions were formally embodied in a report made to Congress on the 23rd of March, 1790, by a committee of which Josiah Parker of Virginia was one of the leading members. The adoption of this report stirred the opponents of the slave trade to greater activity and numerous petitions were presented at the next session of Congress from Maryland and Virginia and almost every one of the Northern States. In the Virginia petition, the slave trade was denounced as "an outrageous violation of one of the most essential rights of human nature."[38]

In his message to Congress, at its session, 1806-7, Mr. Jefferson, then President, brought to the attention of that body the fact that under the constitution the time was at hand when the African slave trade could be abolished, and urged the speedy enactment of such a law. He said:

"I congratulate you, fellow-citizens, on the approach of a period at which you may interpose your authority constitutionally to withdraw the citizens of the United States from all further participation in those violations of human rights which have so long been continued on the unoffending inhabitants of Africa, and which the morality, the reputation and the best interests of our country have long been eager to proscribe."

An act was accordingly passed prohibiting the slave trade and imposing forfeitures and fines upon ships and ships' crews engaged in the traffic. The law also forfeited slaves so illegally imported and provided that the disposition of such slaves should be left to the states wherein they were found.

The African slave trade had flourished so long under the patronage and support of the leading nations of Christendom and with the acquiescence, at least, of the United States during the previous twenty years, that it was difficult by simple statutory enactment to put an end to the nefarious traffic. It will be seen, therefore, that the trade continued from time to time between the coast of Africa, the United States, West Indies and Brazil, despite the efforts of the Federal authorities to enforce the laws made for its suppression. In all these efforts Virginians, holding official places, were most earnest and energetic in their warfare against the trade.

In his message to Congress, December 5, 1810, President Madison declares:

"Among the commercial abuses still committed under the American flag ... it appears that American citizens are instrumental in carrying on the traffic in enslaved Africans, equally in violation of the laws of humanity and in defiance of those of their own country,"

and urges Congress to devise further means for suppressing the evil.

Again, in his message to Congress of December 3, 1816, President Madison brings the subject to the attention of Congress and urges the enactment of such amendments as will suppress violations of the statute.

In the progress of time, certain slaves brought into the country in violation of the act were captured and sold, thus in effect defeating one of the prime objects of the law, which was to prevent any increase in the slave population. Thereupon, at the session of Congress, 1819, under the leadership of Charles Fenton Mercer and John Floyd of Virginia a bill was passed amending the existing statute, requiring the President to use armed cruisers off the coasts of Africa and America to suppress the trade, providing for the immediate return to Africa of any imported slaves, directing the President to appoint agents to receive and care for them on their return and appropriating One Hundred Thousand Dollars to carry out the general purposes of the law.[39]

In the House, on motion of Hugh Nelson, of Virginia, the death penalty was fixed as the punishment for violating the law, but this provision was stricken out by the Senate.[40]

In February, 1823, Charles Fenton Mercer, a representative from Virginia, in the House, secured the adoption of the following joint resolution:

"RESOLVED, That the President of the United States be requested to enter upon and to prosecute from time to time such negotiations with the maritime powers of Europe and America as he may deem expedient for the effectual abolition of the African slave trade and its ultimate denunciation as Piracy under the laws of Nations by the consent of the civilized world."[41]

Mr. Mercer, in urging the adoption of this resolution, denounced the African slave trade "as a crime begun on a barbarous shore, claimed by no civilized state, and subject to no moral law; a remnant of ancient barbarism, a curse extended to the New World by the colonial policy of the Old."[42]

Mr. Mercer supplemented his congressional action by visits made at his own expense to the Governments of the Old World to urge upon them the adoption of the policy set forth in his resolution.'[43]

It was early appreciated that unless at least a qualified "right of search" was accorded the war vessels of the leading nations engaged in the effort to suppress the slave trade, these efforts would be seriously hindered. Accordingly the lower house of Congress, in May, 1821, under the leadership of Charles Fenton Mercer, from whose committee the resolution was reported, adopted the recommendation that a "right of search" be accorded the British Government in return for a like privilege accorded the United States.[44] This resolution, however, was defeated in the Senate.

Subsequently President Monroe submitted to Congress the draft of a treaty with England embodying this provision. In a special message, under date of May 21, 1824, he gave at length his reasons for approving the treaty—saying: