Their early relations in Virginia, so far as we have any account of them, concerned their mutual anti-slavery interests. Peck tells us that "Mr. Lemen was a born anti-slavery leader, and had proved himself such in Virginia by inducing scores of masters to free their slaves through his prevailing kindness of manner and Christian arguments." Concerning the cession of Virginia's claims to the Northwest Territory, Jefferson is thus quoted, from his letter to Robert Lemen: "Before any one had even mentioned the matter, James Lemen, by reason of his devotion to anti-slavery principles, suggested to me that we (Virginia) make the transfer, and that slavery be excluded; and it so impressed and influenced me that whatever is due me as credit for my share in the matter, is largely, if not wholly, due to James Lemen's advice and most righteous counsel."[5]
Before this transfer was effected, it appears that Jefferson had entered into negotiations with his young protégé with a view to inducing him to locate in the "Illinois country" as his agent, in order to co-operate with himself in the effort to exclude slavery from the entire Northwest Territory. Mr. Lemen makes record of an interview with Jefferson under date of December 11, 1782, as follows: "Thomas Jefferson had me to visit him again a short time ago, as he wanted me to go to the Illinois country in the Northwest after a year or two, in order to try to lead and direct the new settlers in the best way, and also to oppose the introduction of slavery into that country at a later day, as I am known as an opponent of that evil; and he says he will give me some help. It is all because of his great kindness and affection for me, for which I am very grateful; but I have not yet fully decided to do so, but have agreed to consider the case." In May, 1784, they had another interview, on the eve of Jefferson's departure on his prolonged mission to France. Mr. Lemen's memorandum reads: "I saw Jefferson at Annapolis, Maryland, to-day, and had a very pleasant visit with him. I have consented to go to Illinois on his mission, and he intends helping me some; but I did not ask nor wish it. We had a full agreement and understanding as to all terms and duties. The agreement is strictly private between us, but all his purposes are perfectly honorable and praiseworthy."[6]
Thus the mission was undertaken which proved to be his life-work. He had intended starting with his father-in-law, Captain Ogle, in 1785, but was detained by illness in his family. December 28, 1785, he records: "Jefferson's confidential agent gave me one hundred dollars of his funds to use for my family, if need be, and if not, to go to good causes; and I will go to Illinois on his mission next spring and take my wife and children."
Such was the origin and nature of the so-called "Jefferson-Lemen Secret Anti-Slavery Compact," the available evidence concerning which will be given at the conclusion of this paper.[7] The anti-slavery propaganda of James Lemen and his circle constituted a determining factor in the history of the first generation of Illinois Baptists. To what extent Lemen co-operated with Jefferson in his movements will appear as we proceed with the story of his efforts to make Illinois a free State.
The "Old Dominion" ceded her "county of Illinois" to the National domain in 1784. Jefferson's effort to provide for the exclusion of slavery from the new Territory at that date proved abortive. Consequently, when James Lemen arrived at the old French village of Kaskaskia in July, 1786, he found slavery legally entrenched in all the former French possessions in the "Illinois country." It had been introduced by Renault, in 1719, who brought 500 negroes from Santo Domingo (then a French possession) to work the mines which he expected to develop in this section of the French Colonial Empire.[8] It is a noteworthy fact that slavery was established on the soil of Illinois just a century after its introduction on the shores of Virginia. When the French possessions were taken over by Great Britain at the close of the colonial struggle in 1763, that country guaranteed the French inhabitants the possession of all their property, including slaves. When Col. Clark, of Virginia, took possession of this region in 1778, the State likewise guaranteed the inhabitants the full enjoyment of all their property rights. By the terms of the Virginia cession of 1784 to the National Government, all the rights and privileges of the former citizens of Virginia were assured to them in the ceded district. Thus, at the time of Lemen's arrival, slavery had been sanctioned on the Illinois prairies for sixty-seven years. One year from the date of his arrival, however, the Territorial Ordinance of 1787 was passed, with the prohibition of slavery, as originally proposed by Jefferson in 1784.[9] Thus it would seem that the desired object had already been attained. By the terms of the famous "Sixth Article of Compact," contained in that Ordinance, it was declared that "there shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the accused shall have been duly convicted." This looks like a sweeping and final disposition of the matter, but it was not accepted as such until the lapse of another fifty-seven years. But neither Jefferson nor his agents on the ground had anticipated so easy a victory. Indeed, they had foreseen that a determined effort would be made by the friends of slavery to legalize that institution in the Territory. Almost at once, in fact, the conflict commenced, which was to continue actively for thirty-seven years. Like the Nation itself, the Illinois country was to be for a large part of its history "half slave and half free"—both in sentiment and in practice.
Two attempts against the integrity of the "Sixth Article" were made during Gov. St. Clair's administration. The trouble began with the appeals of the French slave-holders against the loss of their slaves.[10] As civil administration under the Territorial government was not established among the Illinois settlements until 1790, both the old French inhabitants and the new American colonists suffered all manner of disabilities and distresses in the interval between 1784 and 1790, while just across the Mississippi there was a settled and prosperous community under the Spanish government of Louisiana. When, therefore, the French masters appealed to Gen. St. Clair, in 1787, to protect them against the loss of the principal part of their wealth, represented by their slaves, he had to face the alternative of the loss of these substantial citizens by migration with their slaves to the Spanish side of the river. And, in order to pacify these petitioners, St. Clair gave it as his opinion that the prohibition of slavery in the Ordinance was not retroactive, and hence did not affect the rights of the French masters in their previously acquired slave property. As this view accorded with the "compact" contained in the Virginia deed of cession, it was sanctioned by the old Congress, and was later upheld by the new Federal Government; and this construction of the Ordinance of 1787 continued to prevail in Illinois until 1845, when the State Supreme Court decreed that the prohibition was absolute, and that, consequently, slavery in any form had never had any legal sanction in Illinois since 1787.[11]
It does not appear that Mr. Lemen took any active measures against this construction of the anti-slavery ordinance at the time. He was, indeed, himself a petitioner, with other American settlers on the "Congress lands" in Illinois, for the recognition of their claims, which were menaced by the general prohibition of settlement then in effect.[12] Conditions in every respect were so insecure prior to the organization of St. Clair county in 1790, that it was hardly to be expected that any vigorous measure could be taken against previously existing slavery in the colony, especially as the Americans were then living in station forts for protection against the hostile Indians. Moreover, Jefferson was not in the country in 1787, and hence there was no opportunity for co-operation with him at this time. Mr. Lemen was, however, improving the opportunity "to try to lead and direct the new settlers in the best way"; for we find him, although not as yet himself a "professor" of religion, engaged in promoting the religious observance of the Sabbath on the part of the "godfearing" element in the station fort where, with his father-in-law, he resided (Fort Piggott). In 1789 Jefferson returned from France to become Secretary of State in President Washington's cabinet, under the new Federal Government. He had not forgotten his friend Lemen, as Dr. Peck assures us that "he lost no time in sending him a message of love and confidence by a friend who was then coming to the West."
St. Clair's construction of the prohibition of slavery unfortunately served to weaken even its preventive force and emboldened the pro-slavery advocates to seek persistently for the repeal, or, at least, the "suspension" of the obnoxious Sixth Article. A second effort was made under his administration in 1796, when a memorial, headed by Gen. John Edgar, was sent to Congress praying for the suspension of the Article. The committee of reference, of which the Hon. Joshua Coit of Connecticut was chairman, reported adversely upon this memorial, May 12, 1796.[13] It is not possible to state positively Lemen's influence, if any, in the defeat of this appeal of the leading citizens of the old French villages. But, as it was in this same year that the first Protestant church in the bounds of Illinois was organized in his house, and, as we are informed that he endeavored to persuade the constituent members of the New Design church to oppose slavery, we may suppose that he was already taking an active part in opposition to the further encroachments of slavery, especially in his own community.
The effort to remove the prohibition was renewed under Gov. Wm. Henry Harrison, during the connection of the Illinois settlements with the Indiana Territory, from 1800 to 1809. Five separate attempts were made during these years, which coincide with the term of President Jefferson, who had removed St. Clair to make room for Gen. Harrison. Harrison, however, yielded to the pressure of the pro-slavery element in the Territory to use his power and influence for their side of the question. Although their proposals were thrice favorably reported from committee, the question never came to a vote in Congress. The first attempt during the Indiana period was that of a pro-slavery convention, called at the instigation of the Illinois contingent, which met at Vincennes, in 1803, under the chairmanship of Gov. Harrison. Their memorial to Congress, requesting merely a temporary suspension of the prohibition, was adversely reported from committee in view of the evident prosperity of Ohio under the same restriction, and because "the committee deem it highly dangerous and inexpedient to impair a provision wisely calculated to promote the happiness and prosperity of the Northwestern country, and to give strength and security to that extensive frontier." Referring to this attempt of "the extreme southern slave advocates ... for the introduction of slavery," Mr. Lemen writes, under date of May 3, 1803, that "steps must soon be taken to prevent that curse from being fastened on our people." The same memorial was again introduced in Congress in February, 1804, with the provisos of a ten-year limit to the suspension and the introduction of native born slaves only, which, of course, would mean those of the border-state breeders. Even this modified proposal, although approved in committee, failed to move Congress to action. Harrison and his supporters continued nevertheless to press the matter, and he even urged Judge Lemen, in a personal interview, to lend his influence to the movement for the introduction of slavery. To this suggestion Lemen replied that "the evil attempt would encounter his most active opposition, in every possible and honorable manner that his mind could suggest or his means accomplish."[14]
It was about this time that the Governor and judges took matters in their own hands and introduced a form of indentured service, which, although technically within the prohibition of involuntary servitude, amounted practically to actual slavery. Soon after, in order to give this institution a more secure legal sanction, by legislative enactment, the second grade of territorial government was hastily and high-handedly forced upon the people for this purpose. It was probably in view of these measures that Mr. Lemen recorded his belief that President Jefferson "will find means to overreach the evil attempts of the pro-slavery party." Early in the year 1806 the Vincennes memorial was introduced into Congress for the third time and again favorably reported from committee, but to no avail. It was about this time, as we learn from his diary, that Mr. Lemen "sent a messenger to Indiana to ask the churches and people there to get up and sign a counter petition, to uphold freedom in the Territory," circulating a similar petition in Illinois himself.[15]