Down but Not Out: How American Slavery Survived the Constitutional Era

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Down but Not Out: How American Slavery Survived the Constitutional Era Georgia State University ScholarWorks @ Georgia State University History Theses Department of History 12-16-2015 Down But Not Out: How American Slavery Survived the Constitutional Era Jason Butler Follow this and additional works at: https://scholarworks.gsu.edu/history_theses Recommended Citation Butler, Jason, "Down But Not Out: How American Slavery Survived the Constitutional Era." Thesis, Georgia State University, 2015. https://scholarworks.gsu.edu/history_theses/99 This Thesis is brought to you for free and open access by the Department of History at ScholarWorks @ Georgia State University. It has been accepted for inclusion in History Theses by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. DOWN BUT NOT OUT: HOW AMERICAN SLAVERY SURVIVED THE CONSTITUTIONAL ERA by JASON E. BUTLER Under the Direction of H. Robert Baker, Ph.D. ABSTRACT Whether through legal assault, private manumissions or slave revolt, the institution of slavery weathered sustained and substantial blows throughout the era spanning the American Revolution and Constitutional Era. The tumult of the rebellion against the British, the inspiration of Enlightenment ideals and the evolution of the American economy combined to weaken slavery as the delegates converged on Philadelphia for the Constitutional Convention of 1787. Even in the South, it was not hard to find prominent individuals working, speaking or writing against slavery. During the Convention, however, Northern delegates capitulated to staunch Southern advocates of slavery not because of philosophical misgivings but because of economic considerations. Delegates from North and South looked with anticipation toward the nation’s expansion into the Southwest, confident it would occasion a slavery-based economic boom. Consequently, the institution of slavery was given room to thrive in ways that would take decades and a devastating war to overcome. INDEX WORDS: Slavery, Abolition movement, Constitutional Convention, American Revolution, Northwest Ordinance, Manasseh Cutler, Black soldiers DOWN BUT NOT OUT: HOW AMERICAN SLAVERY SURVIVED THE CONSTITUTIONAL ERA by JASON E. BUTLER A Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts in the College of Arts and Sciences Georgia State University 2015 Copyright by Jason Eli Butler 2015 DOWN BUT NOT OUT: HOW AMERICAN SLAVERY SURVIVED THE CONSTITUTIONAL ERA by JASON E. BUTLER Committee Chair: Robert Baker Committee: Robert Baker Charles Steffen Electronic Version Approved: Office of Graduate Studies College of Arts and Sciences Georgia State University December 2015 iv DEDICATION To my parents, for teaching me how to get better. To my children, for making me want to get better. And to my wife, for making me better. vi ACKNOWLEDGEMENTS I wish to acknowledge those who have most directly made possible this labor of love. The probing questions of Dr. Rob Baker, Dr. Chuck Steffen and Dr. John McMillian of Georgia State University helped, in and out of class, to fortify the engine of inquiry requisite for this project. Rob far exceeded the requirements of advisership with support, insight and generosity that safeguarded my sanity. From the Teaching American History grant in 2011-12 to the final stages of my thesis, he has encouraged and edified me in ways I deeply appreciate. With prompt, helpful and informative answers to two years’ worth of questions, Ms. Robin Jackson, graduate coordinator par excellence, shepherded me through my master’s program with abundant patience. The generosity and inspiration of the James Madison Memorial Foundation made it possible financially and intellectually for me to complete this course of study. The Foundation’s faculty and staff, Dr. Jeffry Morrison in particular, provided a metaphorical steroid injection to my brain. The Madison Fellows who gathered at Georgetown in the summer of 2013 have deepened my love of history in a way that made this project possible; Trish Everett, Elizabeth Rasmussen and Adena Barnette deserve mention as first among equals in that regard. Danielle Armstrong, Sean Costa and Antoinette McGlasker, colleagues and friends, have made me a better teacher in a way that has made me a better student, which helped make possible this project’s success. My 96-year old grandfather, Benjamin Harrison Root, has infected me with his passion for learning as long as I can remember. He is an inspiration. Lastly I want to recognize the alpha and omega of the support I have received throughout my journey. Though the word literally is grossly overused, it is entirely accurate here. My wife, Carmen, and her parents, Connie and James, have literally made this project possible by holding down the fort and taking care of my sons throughout my time at Georgia State, never once letting on that it was a burden. They knew this was a labor of love, they knew it was a lot of labor and they know they have my love. vii TABLE OF CONTENTS ACKNOWLEDGEMENTS ....................................................................................................... VI 1 INTRODUCTION................................................................................................................... 1 2 AMID THE TURBULENCE: BLACK UPHEAVAL DURING THE AMERICAN REVOLUTION ....................................................................................................................... 3 3 RESISTANCE: ASSAULTS ON SLAVERY FROM SOUTH TO NORTH .................. 21 4 PRIVATE AND PUBLIC: FROM ROBERT CARTER III TO THE NORTHWEST ORDINANCE ........................................................................................................................ 51 5 ENTRENCHMENT: EARLY VICTORIES FOR SLAVERY AT THE CONSTITUTIONAL CONVENTION ............................................................................... 70 6 CAPITULATION: NORTHERN DELEGATES YIELD AGAIN .................................. 91 7 CONCLUSION ................................................................................................................... 116 BIBLIOGRAPHY ..................................................................................................................... 124 1 1 INTRODUCTION The year was 1786, and the horizon shimmered with heady possibilities for the youngest nation on earth. In the prior decade, American rebels had overcome daunting odds to best Britain on the battlefield, championing the causes of liberty and rights in ways that stirred the Western world. The United States had won independence, formed a sovereign government and adopted the set of laws that would see it through not only the Revolutionary War but the nation’s infancy. Ambitious from the start, America’s dreams knew no bounds. The new nation laid claim to more land than the sum of England, France and Spain. Its multifaceted economy – boasting the North’s forests and fisheries, alongside lucrative cash crops like tobacco and indigo in the South – teemed with potential. Buoyed by glorious ideals such as equality and natural rights, America looked to the unknowns of the future with justifiable optimism. Unanimity, however, was not in the offing. Americans were hardly on one accord, as the populace, four million and growing daily, was riven by varying views on matters both political and economic. The colonial period had bred manifold philosophies among the populace in terms of distribution of power between federal and state governments, and there was no articulated consensus as to what place Native Americans and immigrants would have in the new nation. But no issue occasioned more impassioned or more impactful views than did slavery, as white Americans’ perspectives were disparately shaped by geography, religion, station in life and personal experiences. The Carolinian subsistence farmer, the Connecticut shipping baron and everyone in between had strong opinions and a personal stake in the plight of nearly 700,000 enslaved Americans. In an April 1786 letter to a close friend, one founding father weighed in decisively on slavery. 2 “I can only say that there is not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it,” he wrote. “(T)here is only one proper and effectual mode by which it can be accomplished, and that is by Legislative authority.”1 These words came not from the quill of a second-tier statesman, nor a milquetoast who shrank diffidently into the corner while the Madisons and Jeffersons commanded the spotlight. This was a statement of principle by George Washington, the man so widely respected that he was chosen unanimously to become the nation’s first president and has been regarded henceforth as the Father of the Country. His election took place a little more than a year after 40-odd delegates left the Pennsylvania State House in Philadelphia having spent four intense months wrangling, debating and writing the United States Constitution. At the Constitutional Convention, over half of the delegates did not own slaves. There were many Framers who had criticized the institution in public speeches, published essays and private correspondence. Some had freed their own slaves. Eleven delegations came from states that had banned the importation of slaves.2 Five states already had approved immediate or gradual emancipation, in addition to the outright prohibition enacted by the Northwest Ordinance on the western frontier. Slavery’s hold on the new nation was weakening, owing to blows from south to north, from abolitionists
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