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

In 1796, Tennessee, formed out of the territory which had been ceded by North Carolina, was admitted into the Union, and came in with slavery as it existed in North Carolina and with similar laws in regard to it.

In 1798, Georgia adopted a new Constitution, in which was a clause forbidding the importation of slaves from "Africa or any foreign country." In this same year Congress passed an act for the establishment of the Mississippi territory out of the territory acquired from Great Britain, which constituted that part of British West Florida lying between a line drawn due east from the mouth of the Yazoo to the Chattahoochie river and the 31st degree of latitude. The act provided for the government and organization of the Mississippi territory in every respect like the North Western territory, except that slavery was not to be prohibited, but an amendment was incorporated into the act without opposition, on motion of a representative from South Carolina, prohibiting the introduction of slaves into the territory from without the United States.

Immediately after the adoption of the Constitution, South Carolina had passed a law prohibiting the introduction of slaves from foreign countries for a limited period, which was continued by renewal from time to time, and as North Carolina had adopted a permanent law on the subject, the foreign slave trade was now prohibited in all of the states as well as in the public territories, but it continued to be carried on by English, New England and New York traders within the limits of South Carolina and Georgia despite the laws.

In 1802, Georgia ceded to the United States all of her territory west of her present limits, including her claim to the Mississippi territory. This cession including in it the Mississippi territory, embraced all of the states of Mississippi and Alabama which was north of the 31st degree of latitude and the compact made with Georgia stipulated that when the population reached the number of 60,000, the ceded territory should be erected into a state on the conditions contained in the ordinance of 1787, "That article only excepted which prohibits slavery."

In 1803, on the complaint of South Carolina of the importation, in violation of her laws, of slaves from Africa, as well as of free persons from the French West Indies, Congress passed an act imposing a fine of $1,000 on the captain of a vessel for the importation of such persons in violation of the laws of a state, with forfeiture of the vessel. Next year, however, South Carolina repealed her laws against the African slave trade, and it continued to be lawful there until 1808.

In the same year Ohio, erected out of part of the northwestern territory, was admitted into the Union and came in without slavery.

In this year Louisiana, which had been re-ceded to France by Spain, was ceded to the United States by the French government, with a stipulation in the treaty of cession that the inhabitants should be secure in their liberty, property and religion and should be admitted, as soon as possible, according to the principles of the Federal Constitution to the enjoyment of the rights of citizens of the United States. The territory thus ceded, embraced as claimed by the United States, all of the territory west of the Mississippi and south of the 31st degree of latitude to the western boundary of the old Spanish province of Florida. Slavery existed in Louisiana at the time of its acquisition, having been established there by the French government, and there could be no question as to the meaning of the guarantee to the inhabitants of security in their property, as the right of property in slaves was universally acknowledged in all of the civilized world, and both of the contracting parties recognized it.

In 1804, Congress passed an act organizing the ceded province of Louisiana into the Territory of Orleans and the District of Louisiana, the former to embrace all of the territory south of the 33rd degree of latitude; the latter to embrace that part north of the same degree. A provision was embraced in the act that no slaves should be carried into the Territory of Orleans or the District of Louisiana, except from some part of the United States by citizens removing thither as actual settlers, and this permission was not to extend to negroes brought into the United States since 1798. This was a direct admission of the right of the people to remove into the territory with all of their property, including slaves, and the restriction as to negroes brought into the United States since 1798 was in consequence of the fact that, from that time to the passage of the act, the introduction of such persons was prohibited by the laws of all of the States, showing that the right to introduce slaves was regarded as resulting under the constitution from the rights under the laws of the several States and from no other.

By an act passed at the same session, all of the territory ceded by Georgia was included in the territory of Mississippi.

In 1805, by Act of Congress, the Territory of Orleans was given a similar government to that of Mississippi, and the District of Louisiana was made a territory of the second class, that is with the power of legislation vested in the governor and judges of the territory. Settlements had been previously made within the limits of the District of Louisiana on the Arkansas River and within the present limits of Missouri, and slavery had been carried there by settlers from the slave States. The act organizing the territory of Louisiana provided for continuing in force all of the existing laws and regulations until repealed by the legislature, and thereby gave direct recognition of the system of slavery, as it had not only been protected by the law organizing the District of Louisiana, but existed by operation of the old French and Spanish laws still in force.