George Washington wrote in 1786 that one of his chief wishes was that some plan might be adopted "by which slavery may be abolished by slow, sure and imperceptible degrees." But he noted in the same year that some abolition petitions presented to the Virginia legislature had barely been given a reading.[18]
[Footnote 18: Washington, Writings, W.C. Ford ed., XI, 20, 62.]
Seeking to revive the issue, Judge St. George Tucker, professor of law in William and Mary College, inquired of leading citizens of Massachusetts in 1795 for data and advice, and undaunted by discouraging reports received in reply or by the specific dissuasion of John Adams, he framed an intricate plan for extremely gradual emancipation and for expelling the freedmen without expense to the state by merely making their conditions of life unbearable. This was presented to the legislature in a pamphlet of 1796 at the height of the party strife between the Federalists and Democratic-Republicans; and it was impatiently dismissed from consideration.[19] Tucker, still nursing his project, reprinted his "dissertation" as an appendix to his edition of Blackstone in 1803, where the people and the politicians let it remain buried. In public opinion, the problem as to the freedmen remained unsolved and insoluble.
[Footnote 19: St. George Tucker, A Dissertation on Slavery, with a proposal for the gradual abolition of it in the State of Virginia (Philadelphia, 1796, reprinted New York, 1860). Tucker's Massachusetts correspondence is printed in the Massachusetts Historical Society Collections, XLIII (Belknap papers), 379-431.]
Meanwhile the Virginia black code had been considerably moderated during and after the Revolution; and in particular the previous almost iron-clad prohibition of private manumission had been wholly removed in effect by an act of 1782. In spite of restrictions afterward imposed upon manumission and upon the residence of new freedmen in the state, the free negroes increased on a scale comparable to that in Maryland. As compared with an estimate of less than two thousand in 1782, there were 12,866 in 1790, 20,124 in 1800, and 30,570 in 1810. Thereafter the number advanced more slowly until it reached 58,042, about one-eighth as many as the slaves numbered, in 1860.
In the more southerly states condemnation of slavery was rare. Among the people of Georgia, the depressing experience of the colony under a prohibition of it was too fresh in memory for them to contemplate with favor a fresh deprivation. In South Carolina Christopher Gadsden had written in 1766 likening slavery to a crime, and a decade afterward Henry Laurens wrote: "You know, my dear son, I abhor slavery…. The day, I hope is approaching when from principles of gratitude as well as justice every man will strive to be foremost in showing his readiness to comply with the golden rule. Not less than twenty thousand pounds sterling would all my negroes produce if sold at public auction tomorrow…. Nevertheless I am devising means for manumitting many of them, and for cutting off the entail of slavery. Great powers oppose me—the laws and customs of my country, my own and the avarice of my countrymen. What will my children say if I deprive them of so much estate? These are difficulties, but not insuperable. I will do as much as I can in my time, and leave the rest to a better hand. I am not one of those … who dare trust in Providence for defence and security of their own liberty while they enslave and wish to continue in slavery thousands who are as well entitled to freedom as themselves. I perceive the work before me is great. I shall appear to many as a promoter not only of strange but of dangerous doctrines; it will therefore be necessary to proceed with caution."[20] Had either Gadsden or Laurens entertained thoughts of launching an anti-slavery campaign, however, the palpable hopelessness of such a project in their community must have dissuaded them. The negroes of the rice coast were so outnumbering and so crude that an agitation applying the doctrine of inherent liberty and equality to them could only have had the effect of discrediting the doctrine itself. Furthermore, the industrial prospect, the swamps and forests calling for conversion into prosperous plantations, suggested an increase rather than a diminution of the slave labor supply. Georgia and South Carolina, in fact, were more inclined to keep open the African slave trade than to relinquish control of the negro population. Revolutionary liberalism had but the slightest of echoes there.
[Footnote 20: Frank Moore ed., Correspondence of Henry Laurens (New York, 1861), pp. 20, 21. The version of this letter given by Professor Wallace in his Life of Henry Laurens, p. 446, which varies from the present one, was derived from a paraphrase by John Laurens to whom the original was written. Cf. South Carolina Historical and Genealogical Magazine, X. 49. For related items in the Laurens correspondence see D.D. Wallace, Life of Henry Laurens, pp. 445, 447-455.]
In North Carolina the prevailing lack of enterprise in public affairs had no exception in regard to slavery. The Quakers alone condemned it. When in 1797 Nathaniel Macon, a pronounced individualist and the chief spokesman of his state in Congress, discussed the general subject he said "there was not a gentleman in North Carolina who did not wish there were no blacks in the country. It was a misfortune—he considered it a curse; but there was no way of getting rid of them." Macon put his emphasis upon the negro problem rather than upon the question of slavery, and in so doing he doubtless reflected the thought of his community.[21] The legislation of North Carolina regarding racial control, like that of the period in South Carolina, Georgia, Tennessee and Kentucky, was more conservative than liberal.
[Footnote 21: Annals of Congress, VII, 661. American historians, through preoccupation or inadvertence, have often confused anti-negro with anti-slavery expressions. In reciting the speech of Macon here quoted McMaster has replaced "blacks" with "slaves"; and incidentally he has made the whole discussion apply to Georgia instead of North Carolina. Rhodes in turn has implicitly followed McMaster in both errors. J.B. McMaster, History of the People of the United States, II, 359; J.F. Rhodes, History of the United States, I, 19.]
The central government of the United States during the Revolution and the Confederation was little concerned with slavery problems except in its diplomatic affairs, where the question was merely the adjustment of property in slaves, and except in regard to the western territories. Proposals for the prohibition of slavery in these wilderness regions were included in the first projects for establishing governments in them. Timothy Pickering and certain military colleagues framed a plan in 1780 for a state beyond the Ohio River with slavery excluded; but it was allowed to drop out of consideration. In the next year an ordinance drafted by Jefferson was introduced into Congress for erecting territorial governments over the whole area ceded or to be ceded by the states, from the Alleghanies to the Mississippi and from Canada to West Florida; and one of its features was a prohibition of slavery after the year 1800 throughout the region concerned. Under the Articles of Confederation, the Congress could enact legislation only by the affirmative votes of seven state delegations. When the ballot was taken on the anti-slavery clause the six states from Pennsylvania eastward voted aye: Maryland, Virginia and South Carolina voted no; and the other states were absent. Jefferson was not alone in feeling chagrin at the defeat and in resolving to persevere. Pickering expressed his own views in a letter to Rufus King: "To suffer the continuance of slaves till they can be gradually emancipated, in states already overrun with them, may be pardonable because unavoidable without hazarding greater evils; but to introduce them into countries where none already exist … can never be forgiven." King in his turn introduced a resolution virtually restoring the stricken clause, but was unable to bring it to a vote. After being variously amended, the ordinance without this clause was adopted. It was, however, temporary in its provision and ineffectual in character; and soon the drafting of one adequate for permanent purposes was begun. The adoption of this was hastened in July, 1787, by the offer of a New England company to buy from Congress a huge tract of Ohio land. When the bill was put to the final vote it was supported by every member with the sole exception of the New Yorker, Abraham Yates. Delegations from all of the Southern states but Maryland were present, and all of them voted aye. Its enactment gave to the country a basic law for the territories in phrasing and in substance comparable to the Declaration of Independence and the Federal Constitution. Applying only to the region north of the Ohio River, the ordinance provided for the erection of territories later to be admitted as states, guaranteed in republican government, secured in the freedom of religion, jury trial and all concomitant rights, endowed with public land for the support of schools and universities, and while obligated to render fugitive slaves on claim of their masters in the original states, shut out from the régime of slaveholding itself.[22] "There shall be neither slavery nor involuntary servitude in the said territory," it prescribed, "otherwise than in punishment of crimes whereof the party shall have been duly convicted." The first Congress under the new constitution reënacted the ordinance, which was the first and last antislavery achievement by the central government in the period.