The Silence of the Founding Brothers

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The Silence of the Founding Brothers (from Joseph Ellis, 2000, Vintage Books) Scenes from the US House of Representatives, February 11-12, 1790

I. (a) The Setting - an embarrassing intrusion? On February 11, two Quaker delegations presented petitions to the House calling for the federal government to put an immediate end to the African slave trade. one delegate from New York, one from Philadelphia (PA)

I (b). What does the Constitution say? (Article I, Section 9, paragraph 1) The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight

II. The Petition(s) - the next day. A) The Quakers (and their Northern Supporters) On February 12, the Pennsylvania Abolition Society delivered a petition urging Congress to take such measures...for promoting the abolition of slavery, and discouraging every species of traffic in slaves

II. The Petition(s) cont d B) The Quakers made a qualification for their petition: - that slavery and the slave trade were incompatible with the values for which the American Revolution had been fought. Congress, therefore, had a political obligation to remove this inconsistency from the Character of the American people

II. The Petition(s) cont d C) The Quaker petition arrived under the signature of

III. Who s Who? - the Representatives A) Thomas Scott of Pennsylvania: pointed out that the Const. imposed restrictions on Congress s power to end the slave trade but said nothing of abolishing slavery itself. B) John Laurence of New York: questioned how Christianity could ever be compatible with chattel slavery. (he also viewed slavery as an anomaly in the new republic)

III. Who s Who? - the Representatives, cont d C) Luther Martin, representative of Maryland: went on record as having voted against ratification of the Constitution (it was a covenant with death ) because of the protections it offered to slave-owners: he claimed the document would render us contemptible to every true friend of liberty in the world

III. Who s Who? - the Representatives, cont d D) James Jackson of Georgia: mere mentions of abolition were, to him, trumpets of civil war. Additionally, he claimed God s will was clearly pro-slavery. He also stated every gentleman in the state of GA supported him, and that slavery was essential: rice cannot be brought to market without these people

III. Who s Who? - the Representatives, cont d E) Pierce Butler of South Carolina: the security the southern states want is that their Negroes may not be taken from them, and that not only would the slave trade continue, but be allowed to flourish and expand into Western lands.

IV. Two Proposals for Compromise A) Elbridge Gerry of Massachusetts: proposed the new federal government spend $10 million toward purchasing all the slaves in the Union at current market value from their owners - funds taken from the sale of western lands.

IV. Two Proposals for Compromise, cont d B) Gouverneur Morris (from New York, but serving as a delegate from Penn.) called slavery a curse and suggested a national tax to compensate the slave owners. He claimed he would much rather raise taxes in the new nation than saddle posterity with such a Constitution and have slavery continue to exist in the republic.

V. The Endgame A) Jackson and other representatives from deep South make frequent reminders of the sectional understanding of the Constitutional Convention of 1787 and begin to imply that the slavery issue could lead to a major split in the US. B) James Madison, president of the House of Reps and always a moderate, takes secession threats very seriously.

V. The Endgame, cont d C) Jackson and other Southern Reps also emphasize the concept of federalism - a healthy balance between the power of the federal government and state s rights (Amendment X). - Jackson states,

V. The Endgame, cont d D) A Committee Report was drafted (mostly by Madison), which protected both slavery and the slave trade until 1808. The Report also stated that until 1808, Congress had no authority to interfere in the emancipation of slaves it remaining with the several States alone to provide any regulation therein.. - a vote of 29 to 25 approved

V. The Endgame, cont d E) Ben Franklin, the most passionate supporter of abolition among the founders, died April 17, 1790 - possibly curbing enthusiasm for the cause. F) John Adams, Vice President of the US and therefore president of the Senate, refused to permit the Quaker petitions to be heard there. G) Madison: slavery is a Moral and political Evil.yet I think it was very improper, at this time, to introduce it in Congress.