Circa1865

The colony of Massachusetts was the first to codify slavery in its law in 1641, three years after the first ship brought Africans from the West Indies. The defiant Pequot Indians enslaved by the Puritan settlers were often traded for Africans who made better workers. Massachusetts became preeminent in the transatlantic slave trade, shipping rum and Yankee notions to be used to buy slaves from African tribes. Senator Sumner seemed unaware of his State’s history.

Bernhard Thuersam, www.Circa1865.com

A Slippery Senator from Massachusetts

“Extracts from the debate between Senators Charles Sumner and Andrew P. Butler in June, 1854, beginning on page 1.013 of the Appendix to the Congressional Globe, First Session, Thirty-third Congress:

Mr. Sumner: “Sir, slavery never flourished in Massachusetts; nor did it ever prevail there at any time, even in the early Colonial days, to such a degree as to be a distinctive feature of her powerful civilization. And let me add that when this Senator [Butler] presumes to say that American Independence was won by the arms and treasure of slave-holding communities, he speaks either in irony or ignorance.”

Mr. Butler: “When the Declaration of Independence was made, was not Connecticut a slave-holding State?”

Mr. Sumner: “Not in any just sense.”

Mr. Butler: “Sir, you are not the judge of that. Was not New York a slave-holding State?”

Mr. Sumner: “Let the Senator [Seward] from New York answer that.”

Mr. Butler: “Sir, if he answers, he will answer the truth, and perhaps it might not be exactly agreeable to you. Was not New Jersey a slave-holding State? Was not Rhode Island a slave-holding State?

Mr. Seward: “It is due the honorable gentleman from South Carolina that I should answer his question in reference to New York, since it has been referred it to me. At the time of the Revolution, every sixteenth man in the State of New York was a slave.”

Mr. Butler: “Was not New Hampshire a slave-holding State? Was not Pennsylvania a slave-holding State? Was not Delaware a slave-holding State?

Mr. Seward: “I am requested to make my answer a little more accurate, according to the truth. I understand, that at the time of the Revolution, every twelfth man in New York was a slave.”

Mr. Butler: “They can afford no refuge for historical falsehood such as the gentleman [Sumner] has committed in the fallacy of his sectional vision. I have shown that twelve of the original States were slave-holding communities.

Now sir, I prove that the thirteenth, Massachusetts, was a slave-holding State before, and at the commencement of, the Revolution. As to the character of slavery in that State, that may be somewhat a different thing, which can not contradict the fact stated in the newspapers of the day, that Negroes were held, were advertised for sale, with another truth, that many were sent to other slave-holding States in the way of traffic.

When slavery was abolished [in Massachusetts], many that had been slaves and might have been freemen were sold into bondage.”

Mr. Sumner: “By slave-holding States, of course, I mean States which were peculiarly, distinctively, essentially slave-holding, and not States which the holding of slaves seems to have been rather the accident of the hour, and in which all the people, or the greater part of the people, were ready to welcome emancipation.”

Mr. Butler: “Mr. President, I think the remarks of the Senator verify exactly what I said, that when he chooses to be rhetorical, it is upon an assumption of facts, upon his own construction, and by an accumulation of adjectives.”

(The Case of the South Against the North, B.F. Grady, Edwards & Broughton, 1899, 225-226)

Like other conquered Southern States, South Carolinians at the close of the war found themselves within a Union not of their choosing, yet they we not “of” this Union. Their governor was a prisoner of war, they were under martial law, and would be soon under the rule of their former servants.  The Robert Small (or Smalls) mentioned below is credited with the theft of the steamer Planter during the war, and delivering it to the Northern fleet which was aiding and abetting the enemy, and treason against South Carolina.

Bernhard Thuersam, www.Circa1865.com

South Carolina’s Legislature of Crooked Aliens

“In the [postwar South Carolina] Senate Chamber sat Major Corbin . . . a captain of Vermont troops badly wounded in the war and for a time in Libby prison, he had remained in military service until the end of the war and was then ordered to Charleston in charge of the Freedmen’s Bureau.

In the same body with Major [David T.] Corbin sat Robert Small, who while still a slave had won national fame as a pilot by running the Planter out of Charleston harbor to the Federal fleet. Some of the local black folk said that he did this in fear and trembling at the mouth of a loaded pistol leveled by a braver and more determined slave, one who never shared in the fame of the Planter exploit and was big enough not to care to.

Another of those South Carolina Senators was Beverly Nash. Black as charcoal . . . he was the perfect type of the antebellum ideal of a “white gentlemen’s colored gentleman.”

Besides those three . . . Senators, there was Leslie, once a member of the New York legislature, shrewd, crooked and cynical. And there was  [B.F.] Whittemore [of Massachusetts], who had got national notoriety while in Congress by selling a West Point cadetship for money instead of the customary price which was influence.

For the rest, the Senate floor was occupied by whites and blacks . . . But there was nobody of the old romantic type of South Carolina aristocrat. At the president’s desk sat a Negro, Lieutenant-Governor A.J. Ransier, who presided with dignity . . . A year or two before he died and [he was] working as a street cleaner in Columbia . . .

In the [House] chamber at the other end of the capitol building . . . were a great body of members, mostly Negroes. The body as a whole was in a legislative atmosphere so saturated with corruption that the honest and honorable members of either race had no more influence in it than an orchid might have in a mustard patch.”

(A “Carpetbagger” in South Carolina, Louis F. Post; Journal of Negro History, Carter G. Woodson, editor, Volume 10, January 1925, excerpts, pp. 15-17)

Anthropologist Lewis Henry Morgan of New York wrote Calhoun in 1848 that “The feeling toward [the Negro] in the North is decidedly that of hostility. There is no respect for them. No wish for their elevation; but on the contrary a strong desire to prevent the multiplication of the race as far as it is possible to do so . . .” Former New York Governor (and later Union Major-General] John Adams Dix spoke of the “inferior caste” in free States: “Public opinion at the North – call it prejudice if you will – presents an insuperable barrier against its elevation in the social scale . . . A class thus degraded . . . will not multiply . . .” Pennsylvania Congressman David Wilmot in mid-1846 introduced a bill to ban African slavery from land acquired from Mexico.

Bernhard Thuersam, www.Circa1865.com

Northern Hostility Toward the Negro

“Closely interwoven with the northern fear of [Southern political] dominance was fear of the Negro himself, and the [Wilmot] Proviso, commonly called the “White Man’s Resolution” by the free-soilers, seems to have expressed a northern desire to keep the territories free not only of slaves, but of the black race.

The rhetoric of the free-soil movement is replete with expressions of hostility toward the Negro. One of the most notable instances occurs in James Russell Lowell’s allegorical treatment of the territorial issue in his enormously popular “Bigelow Papers.”

In this poem Lowell represents the Negroes as “long-legged swine” who ruin the territories, making them uninhabitable for the northern farmer. Anti-Negro expressions also found their way into free-soil platforms, albeit in muted form. The Barnburners Utica [New York] Convention called for preserving the western land “for the Caucasian race,” or in the more popular parlance of Thomas Hart Benton “keeping the territory clean of Negroes.”

One free-soiler assured the House of Representatives that he had little concern for “the degraded and degenerate blacks.”

Northern hostility toward the Negro is likewise revealed in the vehement response to a proposal by Governor William Smith of Virginia to export the State’s freedmen to the North. In his speech representing the great dangers involved in rejecting the Wilmot Proviso, [New York Congressman] George Rathbun referred incidentally to Governor Smith’s proposal.

“What do we say [to it]?” asked Rathbun. He gave the answer: “That there is no territory in the free States belonging to them [the Negroes]; that there is no place for them. As far as New York is concerned, should the refuse part of the population of Virginia reach our territory, we will carry them back to Virginia.”

Smith’s proposal caused such consternation in Ohio that the Democratic minority in the State legislature was almost able to force through a law prohibiting Negro immigration altogether. One Democratic congressman from Ohio . . . appealing to the fear and hatred of the Negro in the North, used Smith’s proposal as a justification for bowing to the will of the South on the Proviso question.

In the North, where the Negro population was relatively small, the means of assuring white supremacy was to exclude the Negro, and when he could not be physically excluded, he was excluded from civic life.

The key to the strong emotional commitment in the North to free soil was the overwhelming fear of the extension of an alien race, as well as of an alien institution, to the point where it would directly affect the Northern people. The Wilmot Proviso had such a strong appeal precisely because it expressed the Northern determination to prevent the spread not only of slavery but of the despised Negro as well.”

(Democratic Politics and Sectionalism, the Wilmot Proviso Controversy, Chaplain W. Morrison, UNC Press, 1967, excerpts pp. 70-73)

In 1846 the US Treasury Department recorded that under the then-current tariff that the self-sustaining industry of the country was indirectly taxed “$80,000,000 annually, none of which went into the coffers of the government, but all into the pocket of the protected [Northern] manufacturer.” In addition to paying the vast bulk of the operation of government through tariffs paid, the South complained of the unequal distribution of public expenditures that went northward instead of toward them.

Bernhard Thuersam, www.Circa1865.com

Tribute Money to Northern Industry

“Virginia was the leader in the war of the Revolution, and her sons were the master-spirits of it, both in the field and in the cabinet. For an entire generation after the establishment of the government under the constitution, four of her sons – with an interregnum of only four years – were called, one after the other, to preside, each for a period of eight years, over the affairs of the young Republic and to shape its policy. Under the wise rule of her illustrious sons in the presidential chair, the Republic grew and its citizens flourished and prospered as no people had ever done.

During this time . . . the Northern population discovered that it would be better to sell their slaves to the South than to hold them, whereupon acts of so-called emancipation were passed in the North. [The North] got rid of its slaves, not so much by emancipation or any sympathy for the blacks as by sale, and in consequence to her greed.

About this time [1819] also Missouri – into which the early settlers had carried their slaves – applied for admission into the Union as a State. The North opposed it, on the ground that slavery existed there. The South appealed to the constitution . . . and asked for the clause which gave Congress the power to interfere with the domestic institutions of any State or with any of her affairs . . .

The Union public mind became excited, sectional feelings ran high, and the Union was in danger of being broken up through Northern aggression and Congressional usurpations at that early day. To quiet the storm, a son of Virginia came forward as peace-maker, and carried through Congress . . . “[the] Missouri Compromise.”

That posterity may fairly appreciate the extent of this exaction with the North, with the sacrifice made by the South to satisfy it, maintain the public faith and preserve the Union . . . [embraced] an area of 1,360,000 miles. The sacrifice thus made by the South, for the sake of the Union, will be more fully appreciated when we reflect that under the Constitution [the South] had as much right to go into the territories with their slaves, that men of the North had to carry with them there their apprentices and servants.

[After the War of 1812] . . . Southern statesmen took the lead in the passage of a tariff to encourage and protect [New England] manufacturing industries. [In time], the protection continued, and was so successful that . . . New England began to compete in foreign markets [and] the South said, “Enough, the North has free trade with us; the Atlantic ocean rolls between this country and Europe; the expense of freight and transportation across it, with moderate duties for revenue alone, ought to be protection enough for these Northern industries. Therefore, let us do away with tariffs for protection. They have not . . . turned a wheel in the South; moreover, they have proved a grievous burden for our people.

The example was to this effect: — The Northern farmer clips his hundred bales of wool, and the Southern farmer picks his hundred bales of cotton. So far they are equal, for the government affords to each equal protection in person and property. But the government . . . went further – protected this industry of one section and taxed that of the other. [To ship wool or cotton to the Charleston market] the Northern man is told that he may land his one hundred bales duty free; but the Southern man is required to leave forty of his in the custom house for the privilege of landing the remaining sixty.

It is in vain for the Southerner to protest or to urge, “You make us pay bounties to Northern fishermen under the plea that it is a nursery for seamen. Is not the fetching and carrying of Southern cotton across the sea in Southern ships as much a nursery for seamen as the catching of codfish in Yankee smacks? But instead of allowing us a bounty for this, you exact taxes and require protection of our Northern fellow-citizens at the expense of Southern industry and enterprise.”

(The Davis Memorial Volume; or Our Dead President, Jefferson Davis, and the World’s Tribute to His Memory, J. Wm. Jones, B.F. Johnson & Company, Publishers, 1890, excerpts, pp. 236-240)

After the mine under Confederate lines at Petersburg was exploded in late July, 1864, the Northern assault into the crater was to be led by black troops, ordered by Gen. Ambrose Burnside, though criticized by Gen. George Meade as they were inexperienced. The black troops were not committed until after the initial assault, but intense defensive fire routed them and their white counterparts caught in the crater. It was reported that black troops were the most visible participants in the retreat and an observer recalled being brought to a halt by “terror-stricken darkies who came surging over [us] with a force that seemed almost irresistible. They yelled and groaned in despair and when we barred their progress” (Army of Amateurs, Longacre, pg. 190). Gen. Grant later stated that he was confident that the black troops would have carried the assault if they had led it, though agreeing that they were inexperienced troops.

Bernhard Thuersam, www.Circa1865.com

Grant’s Sable Arm at The Crater

“Lieutenant Colonel Charles Loring, a [General Ambrose] Burnside aide who had been observing matters [at the Crater battle] all morning, was so appalled by the prospect of the black soldiers’ advancing into the confusion that he countermanded the order and raced off to report directly to [Burnside, who simply restated his previous order to attack].

The officers commanding the black troops now discovered that it was nearly impossible to advance their men in any orderly fashion. Confederate artillery ranged all surface approaches to the jump-off point . . . [but the] 30^th [US Colored Troops] was the first black regiment to advance toward the crater. “The slaughter was fearful,” one [young regimental officer] later wrote home . . . “bullets came in amongst us like hailstones . . . Men were getting killed and wounded on all sides of me.”

[Northern commander U.S. Grant] found Burnside in a small fieldwork overlooking the front. Grant wasted no time. “The entire opportunity has been lost,” he said, rapidly. “There is now no chance of success. These troops must be immediately withdrawn. It is slaughter to leave them here.” Burnside . . .”was still hoping something could be accomplished.”

[At a court of inquiry, Grant stated that] “I blame myself for one thing, I was informed . . . that General Burnside . . . trusted to the pulling of straws [as to] which division should lead [the attack]. It happened to fall on [who] I thought was the worst commander in his corps . . . I mean General [James] Ledlie.”

[Grant continued:] “General Burnside wanted to put his colored division in front [to lead the initial assault], and I believe that if he had done so it would have been a success. Still I agreed with General Meade as to his objections to that plan [that the colored division was “a new division, and had never been under fire – had never been tried . . .”].

General Meade said that if we put the colored troops in front . . . and it should prove a failure, it would then be said, and very properly, that we were shoving these people ahead to get killed because we did not care anything about them.”

(The Last Citadel, Petersburg, Virginia, June 1864-April 1865, Noah Andre Trudeau, Little, Brown and Company, 1991, excerpts, pp. 115-117; 126)

Well before African slaves populated the American South in any number, New England’s Puritans were enslaving the Indian tribes whose lands they appropriated. Also, the closed society of New England did not welcome non-Puritans, white, red or black, and once the slave’s labor was done they could be sold for profit and to labor elsewhere. This may offer a clue to New England’s future sweeping itself clean of the slave trade they had nourished and profited from, and blame the institution on the American South.

Bernhard Thuersam, www.Circa1865.com

“Strangers” and New England Slave Property

“Slavery began in New England during the first years of settlement in Massachusetts, and thus, the Puritans learned how to be slave owners immediately on arrival. As white New Englanders conquered their new settlements, they enslaved Native American populations both to control them and to draw on them for labor. Although John Winthrop did not immediately see Indians as slaves, it dawned on him quickly that they could be.

Winthrop recorded requests for Native American slaves both locally and abroad in Bermuda. Wars with the Narragansett and Pequot tribes garnered large numbers of slaves. The trading of Indian slaves abroad brought African slaves to Massachusetts shores. In 1645, Emanuel Downing, John Winthrop’s brother-in-law and a barrister, welcomed a trade of Pequot slaves for African slaves.

However, the enslavement of American Indians had a different tenor than the enslavement of Africans. The indigenous slaves represented an enemy, a conquered people, and a grave threat to [Puritan] society. African slaves represented a trade transaction, laborers without strings attached. Moreover, Indian slaves . . . served as collateral with which to negotiate with Native leaders. Further [Puritan] colonists could expel troublesome Native slaves out of the colony, or they could just control them as slave property.

[In] Massachusetts first legal code, the 1641 Body of Liberties . . . outlawed slavery among the Puritans. However, the exceptions of strangers (foreigners who lacked protection from the king) and war prisoners gave an opening to enslave other human beings.

The exception in the case of war prisoners gave the colonists direct permission to enslave Indians . . . such as in the Pequot war they had just concluded. Conveniently the slave trade had already begun to spread strangers throughout the Atlantic world.

[Most] Puritans sought a homogenous society that made any kind of stranger feel unwelcome [and] Puritans’ efforts to expunge untrustworthy members with white skin were legendary. Men and women from other cultures with different skin tones posed a more complicated dilemma. The cultural differences of Africans and Native Americans automatically made them undesirable additions to the closed Puritan societies.

As King Philip’s War drew to an end in 1678 . . . [it had] brought in a huge number of [Indian] slaves. Hoping to socialize Indian children, Plymouth’s council of war forced them to apprentice in white families. The council sold hundreds more Indians to Spain, Jamaica, and the Wine Islands.”

(Tyrannicide, Forging an American Law of Slavery in Revolutionary South Carolina and Massachusetts, Emily Blanck, UGA Press, 2014, excerpts, pp. 12-14)

Indian and African slavery was a primary factor in the development of New England commercial economic prosperity, “the key dynamic force,” as colonial historian Bernard Bailyn wrote. He added that “Only a few New England merchants actually engaged in the [transatlantic] slave trade, but all of them profited by it, lived off it.” With the influx of African slaves into Puritan society, laws and codes had to be developed to cope with the “strangers.”

Bernhard Thuersam, www.Circa1865.com

Jim Crow’s New England Origins

“The rapid rise in the number of slaves at the dawn of the eighteenth century caused Massachusetts leaders to take action. Spiritually, slavery proved an obstacle for the local ministers, as some congregants began to question whether a Christian should own another Christian.

In 1693, Cotton Mather took on the challenge of Christianizing the heathen population without ending enslavement. In his 1701 pamphlet, The Negro Christianized, Mather assured nervous masters that conversion did not free the slave. Mather’s vision of slavery . . . idealized the relationship between master and enslaved . . . [and] promised that if owners mistreated their slaves “the Sword of Justice” would sweep through the colony.

In 1701, Boston, which had the largest slave population in the colony, began passing municipal laws aimed at setting standard limits on slave behavior . . . They could not drink alcohol, start fires, or assemble. So as to not hamper slave owners’ profits of property rights, slaves were whipped rather than imprisoned, a punishment that few whites suffered in the early eighteenth century.

As slaves became more numerous . . . the colony of Massachusetts responded in similar fashion to Boston by passing legislation to control the behavior of African slaves. The legislature feared that a “turbulent temper in spirit” would grow into “an opposition to all government and order.” The law targeted assemblies at night, begging, and starting fires. In the eyes of the legislators, blacks, free and enslaved, posed the greatest threat to the good order of society.

Having children was also difficult for enslaved women from New England. Masters found childbirth inconvenient and actively discouraged it, which contributed to the low birth rate among African Americans in Massachusetts.”

(Tyrannicide, Forging an American Law of Slavery in Revolutionary South Carolina and Massachusetts, Emily Blanck, UGA Press, 2014, excerpts, pp. 15-16)

The scale of New England trade to the West Indian sugar plantations was nothing short of astonishing, with nearly 80 percent of all overseas exports supporting slave-labor sugar production. By this time as well, the Narragansett region of Rhode Island and neighboring Connecticut both developed their own plantation systems employing African slaves as forced labor.

Bernhard Thuersam, www.Circa1865.com

Slaves Doing the Business of New England

“At the same time that John Winthrop left England to establish his city on the hill, another group of Puritans left England for the Caribbean. While the New England colonists shipped beaver pelts, codfish, and timber back across the Atlantic, the West Indies group ended up on Providence Island raising tobacco and cotton, using slave labor.

Europeans . . . prized sugar [that was slave-produced in the West Indies]. The crop roared its way across the Atlantic like an agricultural hurricane. It denuded islands of their forests and siphoned hundreds of thousands of Africans into slavery to feed a boundless, addicted market.

Between 1640 and 1650, English ships delivered nearly 19,000 Africans to work the fields in Barbados. By 1700, the cumulative total had reached 134,000. The pattern was repeated on other islands. Jamaica, barely populated when the English invaded it in 1655, had absorbed 85,000 African slaves by 1700. The Leeward Islands, including Antigua, took 44,000.

That same year a Boston ship made one of the earliest known New England slave voyages to Africa, delivering its cargo to Barbados. The Puritans thought about using captive labor for themselves. In 1645, Emanuel Downing, John Winthrop’s brother-in-law, advised Winthrop: “I do not see how we can thrive until we get a stock of slaves sufficient to do all our business.”

Although residents of New England and Middle Atlantic States owned slaves and trafficked in slaves, they profited more from feeding the increasingly large numbers of Africans in the West Indies and providing the materials to operate the sugar plantations and mills.

The flow of commerce between America, Africa and the West Indies entered history as the Triangle Trade. In its classic shape, Northern colonies sent food, livestock, and wood (especially for barrels) to West Indian sugar plantations, where enslaved Africans harvested the cane that fed the refining mills.

Sugar, and its by-product molasses, was then shipped back North, usually in barrels made of New England wood and sometimes accompanied by slaves. Finally, scores of Northern distilleries turned the molasses into rum to trade in Africa for new slaves, who were, in turn, shipped to the sugar plantations.”

(Complicity: How the North Promoted, Prolonged, Profited from Slavery, Farrow, Lang, Frank, Ballantine Books, 2006, excerpts, pp. 46-49)

The wartime and post-World War One migration of Southern black’s northward in search of work revealed that the racial diversity common to the South was unwelcome in Chicago, and black people in that city endured untold violence to keep them out.

Bernhard Thuersam, www.Circa1865.com

Unwelcome in Chicago

“The Negro has ceased to invade Chicago from the South in the overwhelming numbers of the war and post-war years. A measure of stability is being achieved by the Negro population of Chicago which ranges somewhere between 150,000 to 200,000. Decline of the southern migration has tempered the anxiety of the white neighbors of the Negro. The colored man has shown a greater capacity for amicable citizenship than his more apprehensive white neighbors believed him capable of.

The colored man refused to be confined within a ghetto defined by his white neighbors and he defied all the economic and social pressure applied to keep him there. He demonstrated that he had the money to invade territory once monopolized by whites and the courage to stay there in the face of bombs which wrecked his homes, churches and business places. He persisted in the face of cold-shouldering from his neighbors.

Negroes are therefore to be found in all parts of the city. Hundreds of Negro families live in health-destroying abodes but that is due to lack of income which to avail themselves of the numerous dwelling places open to them – not to excess of home-seekers over homes.

There are still neighborhood efforts to keep the Negroes out of certain sections of the south side – out of the region south of 60^th Street and east of South Parkway, for example . . . Such exclusion efforts as are made seem to be along economic lines – that is, by preserving property values. Bombings are almost unheard of and the check upon Negro invasion of white territory is in part imposed by Negro leaders, who feel that the race has “taken over” as much territory as it can wholesomely assimilate for some years to come.

Dr. George Cleveland Hall and Alexander L. Jackson, Negro property holders with extensive knowledge of south side business and social conditions, take issue with the widely-held view that Negro penetration of a district means depreciation of property values. “Panic stricken white property holders in a changing district often let alarmist realtors talk them into selling their property at a loss “because the Negroes are coming in,” Dr. Hall conceded. “Dealers have made fortunes by fanning these fears and then reselling the property at enormous profit . . . ”

In the slum districts one will see many tenements which the Negro residents do not keep up as neat as the even those uninspiring abodes might be made. These are better homes which indicate deterioration under Negro occupancy. Negroes deplore this, but observe that these shiftless tenants have their white prototypes.

All along Calumet, Prairie, Indiana and Michigan Avenues, sand blasters are at work cleaning up the houses which once were reckoned the city’s finest, but have not enjoyed a face-washing for twenty years.”

(Notes by Carroll Binder on Chicago and the New Negro, Journal of Negro History, Vol. XIII, No. 2, April, 1928, Carter G. Woodson, editor, excerpts, pp. 214-215; 220-221)

The words “disunion” and “civil war” were heard in the halls of Congress in early 1819 as Representative James Tallmadge of New York introduced his amendment to restrict slavery in the proposed State of Missouri. Though Tallmadge thought the action would help end slavery within a generation, Howell Cobb of Georgia said he had kindled a fire “which only seas of blood could extinguish.” The Missouri Compromise of 1820 did not include the amendment, but did prohibit slavery above the 36-30 parallel of the Louisiana Purchase, the southern boundary of Missouri.

Bernhard Thuersam, www.Circa1865.com

Origins of the Conflict: The Tallmadge Amendment

“In 1812 the Territory of Orleans became the State of Louisiana, but meantime the District of Louisiana had been repeatedly reorganized [and by 1819] . . . the population of Missouri closely approximated sixty thousand which, according to precedents set in the Old Northwest, made a territory eligible for Statehood.

Successive Missouri legislatures petitioned Congress on the subject, and in 1819 the House Committee on Territories reported favorably a bill enabling Missouri . . . to draw up a constitution and make ready for Statehood.

It was at this juncture that Representative James Tallmadge of New York raised the question of setting limits to the expansion of slavery in the Louisiana Purchase. He proposed to amend the bill reported from committee by providing that the further introduction of slavery into Missouri should be forbidden, and that all children born of slave parents after the admission of the State should be free upon reaching the age of twenty-five years.

Until the introduction of the Tallmadge amendment, the slavery question had played little part in national politics. The problem of how slaves should be counted when apportioning representatives in Congress or assessing direct taxes on the States had been satisfactorily settled in the federal convention by the three-fifths compromise. Also, an earlier Congress had exercised its constitutional authority to pass a fugitive slave act, and the administration of this measure had so far provoked little criticism.

Moreover, slavery had long been regarded as a dying institution. The founders of the American nation had almost unanimously so considered it, Southerners no less than Northerners. Many of them were eager to speed the day when slavery should cease to exist throughout the whole country.

Washington emancipated his slaves by his will; Alexander Hamilton and Benjamin Franklin were prominent in the work of emancipation societies; Thomas Jefferson’s anti-slavery views were written into the Northwest Ordinance of 1787. Almost by common consent the slave trade was forbidden in 1808, the earliest possible date under the Constitution.

Hostility to slavery during these early days of the republic was firmly grounded on the fact that the institution had ceased to be economically profitable. For this reason, even before the American Revolution, many of the colonies would have taken some anti slavery action had not the British government been so insistent on protecting the profits of British merchants engaged in the slave trade.

As soon as independence became a fact, one State after another took action against slavery . . . [but] the chief obstacle to abolition in the South, where slaves were far more numerous than in the North, was the perplexity felt about what to do with the freed slaves, but Southern emancipation societies were deeply concerned about this problem and were hopeful of finding a solution.

The discovery that cotton could be grown profitably by means of slave labor [with the cotton gin of Massachusetts inventor Eli Whitney, and] served to revive the institution of slavery just at the time when it had seemed destined to disappear.

(The Federal Union, History of the United States to 1865, John D. Hicks, Houghton Mifflin, 1948, excerpts, pp. 354-356)