Lord Dunmore, the British governor of Virginia, put teeth into Johnson's bitter question. In 1775 he offered to grant freedom to any slave who ran away from his master and joined the British army. Earlier that year, in spite of the fact that both slaves and free men had served at Lexington and Concord, the colonists had shown an increasing reluctance to have any blacks serving in their Army. The Council of War, under Washington's leadership, had unanimously rejected the enlistment of slaves and, by a large majority, it had opposed their recruitment altogether. However, the eager response of many slaves to Lord Dunmore's invitation gradually compelled the colonists to reconsider their stand. Although many colonists felt that the use of slaves was inconsistent with the principles for which the Army was fighting, all the colonies, with the exception of Georgia and South Carolina, eventually recruited slaves as well as freedmen. In most cases, slaves were granted their freedom at the end of their military service. During the war some five thousand blacks served in the Continental Army with the vast majority coming from the North.
In contrast to later practice, during the Revolution the armed services were largely integrated with only a few segregated units. While the vast majority of Afro-American troops fighting in the Revolutionary War will always remain anonymous, there were several who achieved distinction and made their mark in history. Both Prince Whipple and Oliver Cromwell crossed the Delaware with Washington on Christmas Day in 1776. Lemuel Haynes, later a pastor of a white church, served at the Battle of Ticonderoga. According to many reports, Peter Salem killed the British major, John Pitcairn, at the Battle of Bunker Hill.
Gradually, the colonies were split into two sections by differing attitudes towards slavery. In 1780 the Pennsylvania Legislature passed a law providing for the gradual abolition of slavery. The Preamble to the legislation argued that, considering that America had gone to war for its own freedom, it should share that blessing with those who were being subjected to a similar state of bondage in its midst. Three years later the Massachusetts Supreme Court decided that slavery was contrary to that state's constitution and that it violated the natural rights of man. Connecticut, Rhode Island, New Jersey, and New York all passed laws providing for gradual emancipation. Although the liberal philosophy of the revolution did lead these states to end slavery, most Northern citizens were not genuinely convinced that natural law had conferred full equality on their Afro-American neighbors. Racial discrimination remained widespread.
At the same time, the Southern states which were dependent on slavery for their economic prosperity showed little interest in applying the doctrines of the Declaration of Independence to either the slaves or the free blacks in their midst. If anything, the passage of stiffer black codes increased the rights of the masters while diminishing those of slaves and freedmen. Some Southern states had qualms about the advisability of continuing the slave trade, but this did not mean that they had doubts about the value of slavery. Rather, the number of slave insurrections which swept through South America, highlighted by the bloody revolt in Haiti, led them to fear possible uprisings at home. They had always been cautious about bringing unbroken slaves directly from Africa, and now they were also afraid to import unruly slaves from South America.
In 1783 Maryland passed a law prohibiting the importation of slaves, and in 1786 North Carolina drastically increased the duty on the importation of slaves, thereby severely reducing the flow. The Federal Government finally took action to terminate the slave trade in 1807, but a vigorous, illegal trade continued until the Civil War. The first sectional conflict over slavery had taken place at the Constitutional Convention. Those Northerners who had hoped to see slavery abolished by this new constitution were quick to realize that such a document would never be approved by the South. Most of the antislavery forces concluded that it was necessary to put the Union above abolition.
While the Constitution did not specifically mention slavery, it did legally recognize the institution in three places. First, there was a heated debate over the means of calculating representation to the House. Southern spokesmen wanted as many delegates as possible and preferred that slaves be counted. Northerners, wanting to restrict Southern representation, insisted that slaves not be counted. Some of them pointed out that it was an insult to whites to be put on an equal footing with slaves. The compromise which was framed in Article I, Section 2, was that a slave should be counted as three-fifths of a man.
Second, the antislavery elements tried to make their stand at the convention by attacking the slave trade. However, while many Southern states were opposed to the trade, the issue became entangled in power politics. South Carolina, which had few slaves, believed that the termination of the slave trade would force up the price of slaves and place her at a severe disadvantage in comparison with Virginia which already had a large slave supply. It argued that Virginia would be artificially enriched to the disadvantage of the other Southern states. The states of the North and middle South were again forced to compromise, and, in Article II, Section 9, they agreed that the trade would be permitted to continue for another twenty years.
The third capitulation occurred in Article IV, Section 2, which as the Fugitive Slave Provision. It stated that a slave who ran away and reached a free state, did not thereby obtain his freedom. Instead, that state was required, at the master's request, to seize and return him.
In fact, the delegates to the Constitutional Convention were afraid that the revolutionary ideology of freedom and equality had unwisely and unintentionally unleashed a social revolution. Southern planters envisioned the end of slavery on which their wealth was based. Northern capitalists were opposed to the liberal and democratic land laws which the people were demanding. The economic leaders in both sections of the country believed that there was a need to protect property rights against these new revolutionary human rights. While the Northern states strove to stabilize society in order to build a flourishing commerce, the Southern states tightened their control over their slaves fearing that insurrections from South America or ideas about freedom and equality from the American Revolution itself might inspire a serious slave rebellion.