And, finally, the Continental Congress, which met at Philadelphia, Sept. 5, 1774, in passing its non-importation, non-exportation, and non-consumption Agreement, included the following as the second article of that document:
"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, nor sell our commodities or manfactures to those who are concerned in it."[126]
To afford a clear view of the reasons which prompted the colonies to adopt such stringent measures to compel Parliament to repeal its oppressive acts, it is only necessary to quote the very brief summary of grievances of which they complained, as drawn up by the Pennsylvania Convention, which met in Philadelphia, July 15, 1774:
"The legislative authority claimed by Parliament over these colonies, consists of two heads: first, a general power of internal legislation; and, secondly, a power of regulating our trade; both, she contends, are unlimited. Under the first may be included, among other powers, those of forbidding us to worship our Creator in the manner we think most acceptable to him—imposing taxes on us—collecting them by their own officers—enforcing the collection by Admiralty Courts, or Courts Martial—abolishing trials by jury—establishing a standing army among us in time of peace, without consent of our Assemblies—paying them with our money—seizing our young men for recruits—changing constitutions of government—stopping the press—declaring any action, even a meeting of the smallest number, to consider of peaceable modes to obtain redress of grievances, high treason—taking colonists to Great Britain to be tried—exempting 'murderers' of colonists from punishment, by carrying them to England, to answer indictments found in the colonies—shutting up our ports—prohibiting us from slitting iron to build our houses, making hats to cover our heads, or clothing to cover the rest of our bodies, etc."[127]
It was in the midst of grievances such as these, and of efforts of redress such as the adoption of the Non-Intercourse Agreement was expected to afford, that the resolutions against the slave trade and slavery were passed. What, then, was their true import? Did the patriots of the Revolution contemplate the enfranchisement of the negro, in the event of securing their own independence? Did their views of free institutions include the idea that barbarism and civilization could coalesce and co-exist in harmony and safety? Or did they not hold, as a great fundamental truth, that a high degree of intelligence and moral principle was essential to the success of free government? And was it not on this very principle, that they opposed the further introduction of negroes from Africa, and afterwards, by a special clause in the Constitution, excluded the Indians from citizenship?
The resolutions which have been quoted, have given rise to much discussion, and have often been misrepresented. By severing them from their connection with the circumstances under which they were adopted, and associating them with the phrase in the Declaration of Independence, that "all men are created equal," the impression has been made that the negroes were to be included in the rights therein claimed. But as they have not been made participants in the benefits of the Revolution, it has been argued that the nation has broken its covenant engagements, and must expect that the judgments of Heaven will be poured out upon her.
Now, what are the facts? The colonists were aiming at a high degree of mental and moral culture, and were desirous of developing the resources of the country, by encouraging the influx of freemen from Europe, and especially of mechanics and manufacturers. They were anxiously looking forward to the time when they could cast off the yoke of oppression which the mother country had forced upon their necks. The multiplication of the negro population was considered as a barrier to the success of their measures, and as most dangerous to virtue and the welfare of the country. It was increasing the indebtedness of the citizens to foreign merchants, and augmenting the balance of trade against the colonies. But there was no settled policy in reference to the future disposition of the colored population. Feelings of pity were manifested toward them, and some expressed themselves in favor of emancipation. The Continental Congress, in addition to its action in the Non-Intercourse Agreement, Resolved, April 6, 1776, "That no slaves be imported into any of the thirteen United Colonies."[128] The Delaware Convention, August 27, 1776, adopted, as the 26th article of its Constitution, that "No person hereafter imported into this State from Africa, ought to be held in slavery on any pretense whatever; and no negro, Indian, or mulatto slave ought to be brought into this State, for sale, from any part of the world."[129]
There was more of meaning in this action, than the resolution, standing alone, would seem to indicate. On the 11th of July, preceding, Gen. Washington wrote to the Massachusetts Assembly, that the enemy had excited the slaves and savages to arms against him;[130] and on November 7th, 1775, Lord Dunmore had issued a proclamation, declaring the emancipation of all slaves "that were able and willing to bear arms, they joining his Majesty's troops, as soon as may be, for the more speedy reducing the colonists to their duty to his Majesty's crown and dignity."[131]
Previous to the commencement of hostilities, the resolutions of the colonists, adverse to the slave trade and slavery, were designed to operate against British commerce; but, after that event, the measures adopted had reference, mainly, to the prevention of the increase of a population that had been, and might continue to be, employed against the liberties of the colonies. That such a course formed a part of the policy of Great Britain, is beyond dispute; and that she considered the prosecution of the slave trade as necessary to her purposes, was clearly indicated by the Earl of Dartmouth, who declared, as a sufficient reason for turning a deaf ear to the remonstrances of the colonists against the further importation of slaves, that "Negroes cannot become republicans—they will be a power in our hands to restrain the unruly colonists." That such motives prompted England to prosecute the introduction of slaves into the colonies, was fully believed by American statesmen; and their views were expressed, by Mr. Jefferson, in a clause in the first draft of the Declaration of Independence, but which was afterward omitted.
That the emancipation of the negroes was not contemplated, by those in general, who voted for the resolutions quoted, is evident from the subsequent action of Virginia, where the greater portion of the meetings were held. They could not have intended to enfranchise men, whom they declared to be obstacles in the way of public prosperity, and as dangerous to the virtues of the people. Nor could the signers of the Declaration of Independence have designed to include the Indians and negroes in the assertion that all men are created equal, because these same men, in afterwards adopting the Constitution, deliberately excluded the Indians from citizenship, and forever fixed the negro in a condition of servitude, under that Constitution, by including him, as a slave, in the article fixing the ratio of Congressional representation on the basis of five negroes equaling three white men. The phrase—"all men are created equal"—could, therefore, have meant nothing more than the declaration of a general principle, asserting the equality of the colonists, before God, with those who claimed it as a divine right to lord it over them. The Indians were men as well as the negroes. Both were within the territory over which the United Colonies claimed jurisdiction. The exclusion of both from citizenship under the Constitution, is conclusive that neither were intended to be embraced in the Declaration of Independence.
