The Heritage of The South / A History of the Introduction of Slavery; Its Establishment From Colonial Times and Final Effect Upon the Politics of the United States

by Jubal Anderson Early

New Hampshire adopted a similar clause in her second constitution in 1783, and under that it was held that freedom was guaranteed to all children born after its adoption.

Maryland adopted in 1783, laws in regard to the introduction of slaves similar to those of Virginia.

Connecticut and Rhode Island, in 1784, adopted laws on the subject of slavery similar to those of Pennsylvania.

The effect of these laws and decisions was to put an end to the slave trade in all of the states but North and South Carolina and Georgia; to abolish it in Massachusetts and provide for its gradual extinction in New Hampshire, Rhode Island, Connecticut and Pennsylvania, while it still remained as before in the other states. It has been alleged, and probably was true, that a large number of the slaves in the northern states were carried to the South and sold there, to avoid the operation of the emancipation measures which were initiated. This allegation receives very strong confirmation from a comparison of the free colonies' population at the north at different periods, with the number of slaves known to be there at the date of the institution of emancipation measures, when taken in connection with the increase to that colored population, from freed slaves and runaways from the South.

Notwithstanding the provisions for abolishing slavery in the New England states, the merchants and traders of those states resumed the importation of slaves from Africa to the Carolinas and Georgia immediately after the close of the war. North Carolina, however, had denounced the trade as impolitic, and imposed a duty on future importations which furnished an impediment to it, so far as that state was concerned.

The confederation which, during the war, under the pressure of the public danger, had answered the purpose, was found to work very badly when peace ensued and the states were no longer stimulated to comply with the requisitions of Congress by immediate necessity. Though the states were all vested with full powers to regulate their domestic affairs, yet there was a large debt contracted in common which it was necessary to provide for, and as the states were forbidden by the Articles of Confederation to make treaties, and Congress had no power to impose taxes or duties on imports or exports, which power rested entirely in the state legislatures, there was a very great derangement of the finances, commerce and business of the country, entailing very ruinous consequences upon all classes and interests. It became, therefore, necessary to provide a remedy for existing evils, and a convention of delegates from the states assembled at Philadelphia in the year 1787, for the purpose of revising the Federal system. This convention was assembled in accordance with the recommendation of a previous one, that had assembled at Annapolis on the invitation of Virginia, but found its powers inadequate.

The deliberations of the Philadelphia convention, which were presided over by General Washington, resulted in the adoption of the Constitution of the United States, for recommendation to the states for their ratification, and by the terms of the Constitution, it was provided that it should go into effect when ratified by nine states, as to the states ratifying it.

There were many difficulties in the way of the formation of the Constitution by reason of conflicting views and interests, and the instrument as framed by the convention was the result of a compromise of those views and interests. The only questions arising in regard to slavery was in relation to the basis of representation in Congress and taxation, the foreign slave trade and the restoration of fugitive slaves. The questions in regard to representation and taxation were settled by compromise, as was that in regard to the slave trade. Virginia and Maryland were in favor of an absolute and immediate prohibition of the foreign slave trade, while South Carolina and Georgia opposed any interference with it. With the two latter states some of the New England delegates sided, and after much discussion a compromise was finally effected, by adopting a provision prohibiting Congress from preventing, prior to the year 1808, the importation of any persons the states might think proper to admit, but giving the power to impose a duty on such persons in the meantime, not to exceed $10 per head. This compromise was effected by an arrangement between the delegates of South Carolina and Georgia on the one side and the New England delegates on the other, by which it was agreed to insert a provision vesting Congress with the power to pass navigation laws by a majority vote—which was earnestly desired by New England but was opposed by some of the other states—and to adopt the restriction prohibiting any interference with the slave trade until the time designated.

For the provision in regard to the slave trade as adopted, Massachusetts, New Hampshire and Connecticut, the only New England States represented, voted, while Virginia voted with some of the other states against it in all its stages—the final vote being, Massachusetts, New Hampshire, Connecticut, Maryland, North and South Carolina in the affirmative, and New Jersey, Pennsylvania, Delaware and Virginia in the negative; absent or not voting, New York, Rhode Island and Georgia.

The clause in regard to the restoration of fugitive slaves was adopted without any objection from any quarter, and it was worded in almost the identical language of the provision on the same subject contained in the old compact of "The United Colonies of New England." Without the provision for the return of slaves escaping into any of the states or the public territory, not a solitary Southern State would have accepted the Constitution, and its necessity, propriety and justice were conceded on all sides without question. When the Constitution was submitted to the states for ratification, it met with a good deal of opposition because it was thought to impose too great restrictions on the rights of the states, but it was finally ratified by the end of July, 1788, by eleven states, and steps were taken to organize the government under it, which was done in April, 1789, by the meeting of the first Congress under the Constitution and the inauguration of General Washington as President.