The Great Conspiracy - John Alexander Logan

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the Ordinance of 1787 was being enacted in the last Congress of the old Confederation at New York—the Convention to frame the present Constitution was sitting at Philadelphia under the Presidency of George Washington himself. The old Confederation had proved itself to be "a rope of sand." A new and stronger form of government had become a necessity for National existence.

      To create it out of the discordant elements whose harmony was essential to success, was an herculean task, requiring the utmost forbearance, unselfishness, and wisdom. And of all the great questions, dividing the framers of that Constitution, perhaps none of them required a higher degree of self abnegation and patriotism than those touching human Slavery.

      The situation was one of extreme delicacy. The necessity for a closer and stronger Union of all the States was apparently absolute, yet this very necessity seemed to place a whip in the hands of a few States, with which to coerce the greater number of States to do their bidding. It seemed that the majority must yield to a small minority on even vital questions, or lose everything.

      Thus it was, that instead of an immediate interdiction of the African Slave Trade, Congress was empowered to prohibit it after the lapse of twenty years; that instead of the basis of Congressional Representation being the total population of each State, and that of direct taxation the total property of each State, a middle ground was conceded, which regarded the Slaves as both persons and property, and the basis both of Representation and of Direct Taxation was fixed as being the total Free population "plus three-fifths of all other persons" in each State; and that there was inserted in the Constitution a similar clause to that which we have seen was almost simultaneously incorporated in the Ordinance of '87, touching the reclamation and return to their owners of Fugitive Slaves from the Free States into which they may have escaped.

      The fact of the matter is, that the Convention that framed our Constitution lacked the courage of its convictions, and was "bulldozed" by the few extreme Southern Slave-holding States—South Carolina and Georgia especially. It actually paltered with those convictions and with the truth itself. Its convictions—those at least of a great majority of its delegates—were against not only the spread, but the very existence of Slavery; yet we have seen what they unwillingly agreed to in spite of those convictions; and they were guilty moreover of the subterfuge of using the terms "persons" and "service or labor" when they really meant "Slaves" and "Slavery." "They did this latter," Mr. Madison says, "because they did not choose to admit the right of property in man," and yet in fixing the basis of Direct Taxation as well as Congressional Representation at the total Free population of each State with "three-fifths of all other persons," they did admit the right of property in man! As was stated by Mr. Iredell to the North Carolina Ratification Convention, when explaining the Fugitive Slave clause: "Though the word 'Slave' is not mentioned, this is the meaning of it." And he added: "The Northern delegates, owing to their peculiar scruples on the subject of Slavery, did not choose the word 'Slave' to be mentioned."

      In March, 1789, the first Federal Congress met at New York. It at once enacted a law in accordance with the terms of the Ordinance of '87—adapting it to the changed order of things under the new Federal Constitution—prohibiting Slavery in the Territories of the North-west; and the succeeding Congress enacted a Fugitive-Slave law.

      In the same year (1789) North Carolina ceded her western territory (now Tennessee) south of the Ohio, to the United States, providing as one of the conditions of that cession, "that no regulation made, or to be made, by Congress, shall tend to emancipate Slaves." Georgia, also, in 1802, ceded her superfluous territorial domain (south of the Ohio, and now known as Alabama and Mississippi), making as a condition of its acceptance that the Ordinance of '87 "shall, in all its parts, extend to the territory contained in the present act of cession, the article only excepted which forbids Slavery."

      Thus while the road was open and had been taken advantage of, at the earliest moment, by the Federal Congress to prohibit Slavery in all the territory north-west of the Ohio River by Congressional enactment, Congress considered itself barred by the very conditions of cession from inhibiting Slavery in the territory lying south of that river. Hence it was that while the spread of Slavery was prevented in the one Section of our outlying territories by Congressional legislation, it was stimulated in the other Section by the enforced absence of such legislation. As a necessary sequence, out of the Territories of the one Section grew more Free States and out of the other more Slave States, and this condition of things had a tendency to array the Free and the Slave States in opposition to each other and to Sectionalize the flames of that Slavery agitation which were thus continually fed.

      Upon the admission of Ohio to Statehood in 1803, the remainder of the North-west territory became the Territory of Indiana. The inhabitants of this Territory (now known as the States of Indiana, Illinois, Michigan and Wisconsin), consisting largely of settlers from the Slave States, but chiefly from Virginia and Kentucky, very persistently (in 1803, 1806 and 1807) petitioned Congress for permission to employ Slave Labor, but—although their petitions were favorably reported in most cases by the Committees to which they were referred—without avail, Congress evidently being of opinion that a temporary suspension in this respect of the sixth article of the Ordinance of '87 was "not expedient." These frequent rebuffs by Congress, together with the constantly increasing emigration from the Free States, prevented the taking of any further steps to implant Slavery on the soil of that Territory.

      Meanwhile the vast territory included within the Valley of the Mississippi and known at that day as the "Colony of Louisiana," was, in 1803, acquired to the United States by purchase from the French—to whom it had but lately been retroceded by Spain. Both under Spanish and French rule, Slavery had existed throughout this vast yet sparsely populated region. When we acquired it by purchase, it was already there, as an established "institution;" and the Treaty of acquisition not only provided that it should be "incorporated into the Union of the United States, and admitted as soon as possible, according to the principles of the Federal Constitution," but that its inhabitants in the meantime "should be maintained and protected in the free enjoyment of their liberty, property, and the religion which they professed"—and, as "the right of property in man" had really been admitted in practice, if not in theory, by the framers of that Constitution itself—that institution was allowed to remain there. Indeed the sparseness of its population at the time of purchase and the amazing fertility of its soil and adaptability of its climate to Slave Labor, together with the then recent invention by Eli Whitney, of Massachusetts, of that wonderful improvement in the separation of cotton-fibre from its seed, known as the "cotton-gin"—which with the almost simultaneous inventions of Hargreaves, and Arkwright's cotton-spinning machines, and Watt's application of his steam engine, etc., to them, marvelously increased both the cotton supply and demand and completely revolutionized the cotton industry—contributed to rapidly and thickly populate the whole region with white Slave-holders and black Slaves, and to greatly enrich and increase the power of the former.

      When Jefferson succeeded in negotiating the cession of that vast and rich domain to the United States, it is not to be supposed that either the allurements of territorial aggrandizement on the one hand, or the impending danger to the continued ascendency of the political party which had elevated him to the Presidency, threatening it from all the irritations with republican France likely to grow out of such near proximity to her Colony, on the other, could have blinded his eyes to the fact that its acquisition must inevitably tend to the spread of that very evil, the contemplation of which, at a later day, wrung from his lips the prophetic words, "I tremble for my Country when I reflect that God is just." It is more reasonable to suppose that, as he believed the ascendency of the Republican party of that day essential to the perpetuity of the Republic itself, and revolted against being driven into an armed alliance with Monarchical England against what he termed "our natural friend," Republican France, he reached the conclusion that the preservation of his Republican principles was of more immediate moment than the question of the perpetuation and increase of human Slavery. Be that as it may, it none the less remains a curious fact that it was to Jefferson, the far-seeing statesman and hater of African Slavery and the author of the Ordinance of 1784—which sought to exclude Slavery from all the Territories of the United States south of, as well as north-west of the Ohio River—that we also owe the acquisition of the vast territory of the Mississippi Valley burdened with Slavery in such shape that only a War, which nearly wrecked our Republic, could get rid of!

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