CHAPTER IV.

THE EARLY FEDERAL GOVERNMENT.

"The policy to sustain which Mr. Lincoln was elected President in 1860 was first definitely outlined by Jefferson in 1784. It was the policy of forbidding slavery in the National Territory."

John Fiske.

The history of slavery from the opening scenes of the Revolution to the meeting of the First Congress affords a curious example of the direct influence of self-interest upon the opinions of mankind. The opening of the Revolution saw an emphatic and unanimous expression against slavery and the slave trade, and a general spirit of emancipation was abroad. Two years later this had changed, for when the Declaration was promulgated there was no mention of anti-slavery sentiments in it, and as Independence became more and more assured, the feeling against slavery seems to have weakened, and finally, when a serious attempt to perfect the Union was made, the slave question was decided by expediency and not by principle.

In 1773 and 1774, when the colonists spoke their final defiance against Great Britain, and the latter launched her retaliatory measures, the climax was reached. It is to be kept in mind that at this time slavery existed in every one of the Colonies. The First Continental Congress, representing all the Colonies except Georgia (who agreed to concur), met at Philadelphia in September, 1774, to determine what should be done in this grave crisis. It turned out to be largely a Peace Congress, but a protest, several addresses and a non-importation and non-consumption agreement was signed. One of the Articles of this agreement provided that "We will neither import nor purchase any slave imported after the first day of December next, after which time we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels or sell our commodities or manufactures to those who are concerned in it." This important and far-reaching resolution received the unanimous support of all the Colonies. Would that its spirit had been kept alive!

[Illustration: The White House, Washington, D. C.]

Almost two years after the First Continental Congress met (the Revolution having been started in the meantime) the Declaration of Independence was adopted, but there was no expression in it against slavery or the slave trade. The original draft of that instrument contained a fierce denunciation of England's part in the slave trade:

"He has waged cruel war against human nature itself, violating its most sacred rights of life and liberty in the persons of a distant people who never offended him; capturing and carrying them into slavery in another hemisphere, or to incur a miserable death in their transportation thither. This piratical warfare, the opprobrium of Infidel Powers, is the warfare of the Christian King of Great Britain. Determined to keep open a market where men could be bought and sold, he has prostituted his negative by suppressing every legislative attempt to prohibit or restrain this execrable commerce."

These burning words were from the pen of Jefferson, who had been the most active in his opposition to slavery. They were omitted from the Declaration, out of compliance to South Carolina and Georgia, but they voiced unquestionably the sentiment of a large majority of the Continental Congress. This was the first fatal concession to South Carolina and Georgia, and we shall find them again united and influencing the other Southern Colonies to maintain a bold stand for slavery at the most critical period in the nation's history.

On the same day in June, 1776, that the Committee was appointed to draft the Declaration of Independence, Congress resolved that "A Committee be appointed to prepare and digest the form of a Confederation to be entered into between the Colonies." The work of this Committee was the Articles of Confederation, which were presented in November, 1777, for ratification by the States. These Articles contained no anti-slavery sentiments, and we are only concerned with them in noting the unexpected and most important results which came up before the ratification was completed. Several of the States claimed a right to the territory west of the Alleghanies to the Mississippi under their original charter. Their claims were conflicting, and Maryland refused to ratify the Articles of Confederation until the land-claiming States should relinquish all their rights to Congress. For a number of years these States were obdurate, but Maryland held out resolutely and bravely, and finally, by her firm action and the magnanimity of New York and Virginia, the question was settled by the cession of the disputed lands to Congress. The acquisition of the Northwest Territory is one of the great turning points in American history, for we shall see that the subsequent development of this territory was of no less importance than the saving of the Union from annihilation by the slave power.

Thomas Jefferson was the most urgent against slavery of all the founders of the nation. His statesmanship foresaw the evils negro slavery would bring upon the nation's social and political development, and his nature was stirred by the great moral wrong. Long before the Declaration of Independence he worked untiringly in Virginia to bring about a sentiment against the slave trade, and his efforts met with success. His fierce denunciation of England's part in the slave trade was stricken from the Declaration, but he did not give up the fight, although the material interests of the South thwarted his plans for the moment. When, by the unforeseen results attendant upon the ratification of the Articles of Confederation, that imperial domain reaching from Pennsylvania to the Mississippi and from the Ohio to the Lakes became national territory, Jefferson, with the prescience of a mighty genius, saw an opportunity to deal a death blow to slavery. This magnificent public domain, subsequently to be divided into the States of Ohio, Indiana, Illinois, Wisconsin and Michigan, was given to the nation on condition that it should be cut up into States, to be admitted when they had a certain population, and that the land should be sold to pay the debts of the United States. Throughout this vast region there were very few people, and there had been no social, political or economical development, and so the only opposition which could come in Congress to any measure for the future government of the Territory would be from the original States. No sooner had the cession been fully made than Jefferson suggested a plan which, if it had succeeded, would have confined slavery North and South to the mountain boundaries of the original States. His plan for the government of this new territory, among other things, provided that after the year 1800 slavery should be prohibited in it. He went beyond this and advocated and urgently solicited Virginia, North Carolina, South Carolina and Georgia to cede their rights in the land west of the Mountains, and he would have had slavery prohibited in this territory also after the year 1800. His plan was no more or less than to prohibit slavery after the year 1800 in all land between the Alleghanies and the Mississippi, from the Lakes to Florida.

On April 19, 1784, Jefferson's Ordinance came up for consideration. North Carolina moved that the clause prohibiting slavery after 1800 be stricken out; South Carolina seconded the motion, which was put in the form, "Shall the words moved to be stricken out stand?" Six States voted that the clause should stand, three were opposed to it, but as the Articles of Confederation required the votes of nine States, the motion was lost and the Ordinance, with the slavery clause taken out, was then adopted.

The following year Congress made inducements so attractive that in a short time several companies were organized and bought large tracts in the new National Territory; and as they purposed settling on their purchases at once, Congress agreed upon a more elaborate plan of government and laws than those set forth in the Ordinance of 1784. The famous Ordinance of 1787 was the result of this agreement. Mr. Jefferson was not present at the time of its adoption, having been sent as Minister to France, but the influence of his work and sentiments were felt, and his ideas were adopted in a new form. The new Ordinance repealed the old one, and among other things provided that the Territory should be cut up into not less than three nor more than five States, all of which were to be admitted into the Union when they had a population of 60,000 free inhabitants. The States which might be formed were forever to remain a part of the United States, and it was declared that the Ordinance was to be considered as a compact between the original States and the people and States of the new territory, and forever to remain unalterable unless by common consent. Most important and far-reaching of all was the Article,

"There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the 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."

With slavery forever prohibited in such a large territory, with the Ordinance beyond repeal, and secession condemned, the Ordinance of 1787 stands out as one of the most remarkable and most important enactments in American history. What the Declaration of Independence and the War had obtained, and the Constitution was to make more perfect—the Union —the development of the country under the Ordinance of 1787 was to preserve. The South yielded to the strong anti-slavery clause in this ordinance because a fugitive slave clause was added to it, and because she had a plan of making the territory west of Virginia, North Carolina, South Carolina and Georgia slave territory. This was done shortly afterwards, when two years later South Carolina and North Carolina, and Georgia in 1802, ceded their western claims to Congress on the express condition that it should be slave soil, and Congress accepted the territory on that condition; Kentucky being admitted as a slave State in 1792.

While the national greatness and safety were being worked out in the West, affairs were in a miserable condition in the East, owing to the radical defects in the Articles of Confederation which had been in operation since 1781. The cup of bitter national humiliation was being drained to the dregs, but fortunately the best men of the country finally succeeded in calling a Convention to revise the Articles. The Convention met at Philadelphia in May, 1787, and by September had adopted a new Constitution.

The great struggle between the North and the South began in the Constitutional Convention. Slavery and the conflicting commercial interests were the difficult questions which divided the country and resulted in the first of the Compromises that held off the Civil War for so many years. It was decided to have an equal representation of States in the Senate and an unequal representation in the House, based upon population; but should slaves be counted as population? This and the other slavery questions which came up in the Convention threatened to disrupt the proceedings entirely. There were at this time about 675,000 slaves in the country, of which number fully 625,000 were in the South. South Carolina, henceforth to be so active for the interests of the South, immediately claimed that these slaves should be considered as population to be counted in fixing the representation in the House. The North argued that the slaves were chattels and should not be counted, for it was seen at a glance that if this enormous number of slaves were to be counted on any basis, the political power of the South would be greatly increased. South Carolina made open and repeated threats to withdraw from the Confederacy, and the situation was serious, because, without her and the other Southern Colonies, who would unquestionably be influenced by her, the work of the Convention would not be ratified, and there would be no Union. The inexorable necessity of the hour demanded a compromise, and it was decided that in apportioning the Representatives there should be added to the whole number of free persons three-fifths of all other persons. This was equivalent to saying that five slaves in the South should be counted the same as three white persons in the North.

In regard to the slave trade there was a sentiment in all the States except Georgia and South Carolina against it, because five slaves counted as three whites, and because almost all of the eminent men North and South were at this time opposed to Slavery itself as not only a moral wrong, but as something which would injure the development of the country. The Southern planters insisted upon a continuation of the slave trade, but at the same time they were fearful that the North might tax their exports. The second great Compromise was affected, and it was agreed that the importation of such persons as any of the States might think proper to admit should not be prohibited by Congress prior to 1808, but a tax on each person so admitted might be imposed, not exceeding $10, and that no tax or duty should be laid on articles exported from any State. A Fugitive Slave Clause very similar to that contained in the Ordinance of 1787 was also added.

By these Compromises, especially the one giving representation for slaves, the South was given that tremendous political power which she wielded so long to threaten and coerce the North to her bidding. The Slave Power was politically enthroned, not to be finally dislodged until the election of Mr. Lincoln. At this early period, however, it was firmly and honestly believed that in a very short time slavery would disappear in all of the Colonies, as it was already dying out rapidly in the North, and it was fully believed that after 1808, when the slave trade should be prohibited, slavery would become extinct. It must be remembered that at this time cotton was not a staple of the South, and there was nothing seriously present or threatened, in the social or economical development of the South, which made slavery absolutely necessary. Nobody foresaw how greatly cotton was to add to the wealth and standing of the South, and nobody foresaw the great injury which the Constitution was to do the North.

When Washington was inaugurated, April 30, 1789, the United States reached from the Atlantic to the Mississippi, and from the Lake of the Woods, the Great Lakes, the St. Lawrence and St. Croix Rivers southward to Florida, which then extended to the Mississippi and was owned by Spain.

All of the threatening phases of the slave question had been compromised by the various provisions in the Constitution, and the common territory of the nation had been practically partitioned between Freedom and Slavery, with the Ohio River as the dividing line. With some exceptions the Northern States still possessed a large number of slaves, New York and New Jersey having the greatest number (33,000 out of the 40,000 still in the North), but not only in these States, but throughout the North, emancipation was making rapid progress.

The population of the country was scattered along the Atlantic seaboard, but the migration to the west of the Alleghanies had set in strongly both north and south of the Ohio River; the settlers from Virginia and the States south of her carrying with them, westward, the prejudices and customs of their mother States, while the settlers north of the Ohio River took with them into the wilderness the energy and thrift of the East, and its spirit of freedom and emancipation for all individuals, laying the foundation of those great States which, in later years, untrammeled by the commercial conservatism of the East, were so outspoken and sturdy in their expressions against slavery. The first census, taken in 1790, showed a population of 3,929,827, classed and divided between the North and South as follows:

Free
White. Negroes. Slave.
North ………. 1,900,976 27,109 40,370
South ………. 1,271,488 32,357 657,527

These figures are interesting because of the political effect that the population of the two sections had upon the representation in the House.

The South was still devoting herself to the raising of tobacco, rice, indigo, and several lesser staples, but since the close of the Revolution, owing to the dying out of the indigo plant, a new staple had received considerable attention. Cotton had been cultivated in Virginia by the early settlers, but little attention had been paid to it, and only enough was produced for domestic use; but after the close of the Revolution it gradually came to be cultivated in all the Southern States, and it was quickly discovered that being an indigenous plant it grew very rapidly, and the climate, soil and the great number of slaves at hand were favorable toward making it, with some attention, a most promising and valuable product.

The development of cotton manufacture had been gradual but certain to this period, which saw the triumph and use of the mechanical inventions of Hargreave, Arkwright, Crompton and Cartwright. The steam engine was introduced to supply motive power, and only one thing stood in the way of an enormous production of the new staple. The separation of the seed from the cotton fibre was a tedious and time-consuming task; one negro could only remove the seeds from about two pounds of cotton a day, and consequently only a small amount could be sent to market.

In 1790 not a pound of cotton was exported from the United States. In 1793, Eli Whitney, of Massachusetts, who was temporarily in Georgia, invented his Cotton Gin, one of the earliest and most remarkable of the many great inventions of Americans. This invention was productive of most important and far-reaching consequences. It caused an industrial revolution in the South by making cotton the great staple. The production increased by leaps and bounds, bringing great wealth and increasing social and political power to the South. With the earlier form of the new invention the seeds could be removed from about one hundred pounds of cotton a day. In 1792, 192,000 pounds were exported to Europe; in 1795, after Whitney's invention, nearly six million pounds were exported. The value of the export in 1800 was $5,700,000; in 1820, it was $20,000,000. These figures represented enormous wealth in those days.

Whatever sentiment in the South against slavery had survived the Constitutional period now disappeared completely. Cotton brought about a new view, and from being an evil to be eradicated in some way in the course of time, it was now regarded as absolutely necessary to the social and political welfare of the South. The strongest of human passions, avarice, ambition and worldly interest now bound the South closer than ever to slavery. The slaves produced cotton—which was wealth—and wealth brought independence and social distinction; besides the slave was a political advantage of great importance, because five of them, without any voice in the matter themselves, counted as three white persons. Under these auspices grew the Slave Power, soon to be a bold, threatening and overbearing faction in the nation.

While the South and the Slave Power were thus being prepared for great wealth and political standing, circumstances were working in the North to counteract and balance, in a way, this development. New England was beginning to feel the first impulses of a great industrial development; interest in commerce and manufacturing was awakening, and inventive genius, called into action by economical necessity, was at work, and the use of machinery and mechanical inventions was increasing. New England was shortly to be covered with cotton and other factories.

The war between France and England opened to the United States almost a monopoly on the West Indies trade in 1793, and it was the North that received the greatest benefit from this trade. Congress in 1791 had established the United States Bank at Philadelphia, with branches in all of the important cities, and this aided the North more than the South. In short, the North was developing that capital, energy, ingenuity and thrift and use of mechanical inventions, the lack of which was the greatest weakness of the South. The settlement of the Northwest Territory by pioneers from the northern States is also to be kept in mind.

This great manufacturing and commercial development, and the movement of the population westward, also awakened in the North a lively interest in internal improvements, and the steamboat, railroad and telegraph were soon to add their tremendous influences and advantages to this section of the country. The various pursuits and the development of the North increased and attracted population, and the balance between the North and the South, which was so nearly even in 1790, grew steadily in favor of the North, until at the opening of the Civil War the North had nineteen million free people against eight and one-quarter million in the South, the South at that time having four million slaves.