Neither a Slave Nor a King: the Antislavery Project and the Origins of the American Sectional Crisis, 1820-1848
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City University of New York (CUNY) CUNY Academic Works All Dissertations, Theses, and Capstone Projects Dissertations, Theses, and Capstone Projects 6-2016 Neither a Slave nor a King: The Antislavery Project and the Origins of the American Sectional Crisis, 1820-1848 Joseph T. Murphy Graduate Center, City University of New York How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/gc_etds/1242 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] NEITHER A SLAVE NOR A KING: THE ANTISLAVERY PROJECT AND THE ORIGINS OF THE AMERICAN SECTIONAL CRISIS, 1820-1848 by JOSEPH T. MURPHY A dissertation submitted to the Graduate Faculty in History in partial fulfillment of the requirements for the degree of Doctor of Philosophy, The City University of New York 2016 i © 2016 JOSEPH T. MURPHY All Rights Reserved ii Neither a Slave nor a King: The Antislavery Project and the Origins of the American Sectional Crisis, 1820-1848 by Joseph T. Murphy This manuscript has been read and accepted for the Graduate Faculty in History in satisfaction of the dissertation requirement for the degree of Doctor of Philosophy. Date James Oakes Chair of Examining Committee Date Andrew W. Robertson Executive Officer Supervisory Committee: David Waldstreicher Andrew Robertson Eric Foner Richard B. Bernstein THE CITY UNIVERSITY OF NEW YORK iii ABSTRACT Neither a Slave nor a King: The Antislavery Project and the Origins of the American Sectional Crisis, 1820-1848 Advisor: James Oakes “Neither a Slave nor a King” intervenes in the scholarly debate over the “antislavery origins” of the sectional crisis in antebellum America – how the rise of a northern antislavery movement escalated the sectional tensions that led to southern secession and the Civil War. There are two main strands of literature on the antislavery origins of the sectional crisis. The first, in which social and cultural historians are dominant, focuses on the rise of radical (or “immediate”) abolitionism in the 1830s, exploring its impact on North-South relations and antebellum reform generally. The other strand, written by political and legal historians, looks at the emergence of antislavery politics in the 1840s and 50s – the effort to dislodge the “Slave Power” from the federal government and ban slavery’s expansion into the western territories. This historiographical divide is quickly disappearing, but its premises and assumptions still shape the literature, muddying the terms of the sectional debate over slavery and casting a shadow on the premises and assumptions of the antislavery movement. While there is ample evidence in the literature regarding how antislavery activists agitated the slavery question, it is still difficult to see what activists planned to do about slavery. This dissertation fills that gap by examining the origins and evolution of the chief political project of antislavery activists in the period 1820-1848: the effort to reorient federal policy so that it favored freedom and discouraged slavery, forcing the slave states to commence gradual abolition on their own. It also recovers the forgotten premises and assumptions of the iv slavery conflict between 1835 (the beginning of the abolitionists’ mass petition drives) and 1843 (the commencement of the Texas annexation controversy). The slavery controversy rarely focused on slavery’s status in the states; instead, it considered slavery’s relationship to federal power in areas of the Union outside the slave states, in places like Washington, D.C., the “free” states of the North, and U.S. coastal waters. In recovering the terms of slavery debate, the dissertation also sheds light on the premises and assumptions of the antislavery movement, broadly conceived. Drawing on an array of congressional records, federal and state court cases, private and public correspondence, abolitionist publications, third-party convention minutes and antislavery newspapers, “Neither a Slave nor a King” uses a new analytical framework to reinterpret long- familiar events in the antebellum era. It is a political history which places the antislavery project front and center in the narrative, giving us new insight into the chronology and meaning of sectional conflict in the 1830s and 40s. The short term is given priority over the long durée, as one of the central aims of this study is to capture the interplay between antislavery activists, jurists and politicians as they contributed to the formation of the antislavery project. The Introduction lays out some key concepts in the dissertation, from the political economic premises of the antislavery project to the importance of viewing slavery as a property regime. Part I considers the origins of the antislavery project, recovering the terms of slavery conflict in the early republic – namely, the question of slavery’s relationship to central-government power (Chapter 1). It also tells the story of how radical abolitionists in the 1830s developed a constitutional program for realizing universal abolition in the United States (Chapter 2). Part II follows the abolitionists as they press their agenda in Congress, triggering a constitutional crisis over slavery and federal power, a crisis whose insights were then used to strengthen the v antislavery project. In each of the three main theaters of constitutional debate – Washington, D.C. (Chapter 3), the “free” states of the North (Chapter 4), and U.S. coastal waters and the “high seas” (Chapter 5) – the primary issue was slavery’s relationship to federal power, as was true of Prigg v. Pennsylvania (1842), the deeply controversial and profoundly important fugitive-slave case (Chapter 6). Part III tracks the political evolution of the antislavery project, as the abolitionists’ constitutional program became the official platform of the Liberty Party (Chapter 7) and, after the upheavals of the Texas and Mexican War controversies, the Free Soil Party (Chapters 8 and 9). Focusing on the antislavery project’s evolution across 1820-1848 suggests that the sectional crisis began well before 1846, the year most often associated with the Civil War’s origins. It was the pushing of a specific political program in Congress and the courts, not just sporadic agitation, which triggered the many conflicts over slavery and federal power in the 1830s and 40s – crises which culminated in the Free Soil revolt of 1846-48. The Free Soil coalition brought the antislavery project into mainstream American politics, where it would remain until the Civil War. In addition to the “antislavery origins” of the sectional crisis and the Civil War, the history of the antislavery project up to 1848 offers new insights into early- nineteenth-century political and constitutional development, as well as general lessons regarding American reform and its relationship to politics. vi Table of Contents Introduction 1 Recovering the Antislavery Project Recovering the Constitutional Crisis over Slavery, 1835-1843 The Free Soil Revolt as a Political Turning Point The Social Basis of the Antislavery Project Part I: Origins 1 The Missouri Crisis and the Problem of Slavery in the Early Republic 44 Property and Personhood in the British Empire Abolition in the Northern States Slavery and the Articles of Confederation Slavery and the U.S. Constitution Slavery National? The Missouri Crisis, 1819-1821 Benjamin Lundy and the Antislavery Response to Missouri 2 The Making of a National Antislavery Agenda 91 A Constitutional Crisis Emerges, 1824-1828 The Emergence of Radical Abolitionism, 1829-1833 The Abolitionists’ Constitutional Program Abolitionist Strategy The Meanings of “Immediate Emancipation” Part II: Crisis and Development 3 The Entering Wedge: Slavery and Federal Power in Washington, D.C. 128 The Debate over Abolition in Washington, D.C. The Proslavery Nationalism of John C. Calhoun The Antislavery Response in Congress Congress Adopts the Gag Rule Denying a Constitutional Right to Slave Property Theodore Dwight Weld and the Making of Antislavery Constitutionalism Publicizing Antislavery Constitutional Arguments Congressional Debate over the Abolitionists’ Program, 1837-1839 4 Our Constitution of Liberty: Slavery and Federal Power in the Free States 180 The Slavery Debate in the North: Transient Slaveowners and Fugitive Slaves A Nationalist on the Frontier Salmon P. Chase, Northern Lawyer vii Anti-Abolitionism and the Threat to Civil Order in the North The Case of Matilda Lawrence In re Matilda (1837) Ohio v. Birney (1837) Implementing the Abolitionists’ Agenda in the North 5 Following the Flag: Slavery and Federal Power on the High Seas 248 The Enterprise Resolutions The Amistad Affair Groves v. Slaughter (1841) The Impact of Amistad and Groves on the Abolitionist Movement The Creole Resolutions 6 A Presumption of Freedom: The Crucial Ambiguities of Prigg v. Pennsylvania 307 “A Triumph of Freedom”: Joseph Story’s Opinion in Prigg v. Pennsylvania (1842) The Antislavery Response to Prigg v. Pennsylvania A Policy of “Noncooperation” Emerges Jones v. Van Zandt (1843) Part III: Politics 7 Absolute and Unqualified Divorce 352 Toward an Antislavery Politics Schism and the End of the American Antislavery Society The Liberty Party A Balance-of-Power Strategy Salmon Chase Joins the Liberty Party Debating the Objective of Antislavery Politics Salmon Chase Develops an Antislavery Platform Coalition on the Basis of Denationalization Denationalization