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Foreign Slave Trade and the Constitution:
Virginia's Position

The supreme opportunity for suppressing the importation of slaves and thus hastening the day of emancipation came with the adoption of the Federal Constitution. As we have seen, with every increase in the number of slaves the difficulties and dangers of emancipation were multiplied. The hope of emancipation rested in stopping their further importation and dispersing throughout the land those who had already found a home in our midst. To put an end to "this pernicious traffic" was therefore the supreme duty of the hour, but despite Virginia's protests and appeals the foreign slave trade was legalized by the Federal Constitution for an additional period of twenty years. The nation knew not the day of its visitation—with blinded eyes and reckless hand it sowed the dragon's teeth from which have sprung the conditions and problems which even to-day tax the thought and conscience of the American people.

This action of the convention is declared by Mr. Fiske, to have been "a bargain between New England and the far South."

"New Hampshire, Massachusetts and Connecticut," he adds, "consented to the prolonging of the foreign slave trade for twenty years, or until 1808; and in return South Carolina and Georgia consented to the clause empowering Congress to pass Navigation Acts and otherwise regulate commerce by a simple majority of votes."[33]

OPPOSITION TO FOREIGN SLAVE TRADE

George W. Williams, the negro historian, avers that,

"Thus, by an understanding or, as Gouverneur Morris called it, 'a bargain' between the commercial representatives of the Northern States and the delegates of South Carolina and Georgia, and in spite of the opposition of Maryland and Virginia, the unrestricted power of Congress to enact Navigation Laws was conceded to the Northern merchants; and to the Carolina rice planters, as an equivalent, twenty years' continuance of the African slave trade."[34]

Continuing, Mr. Fiske says, "This compromise was carried against the sturdy opposition of Virginia." George Mason spoke the sentiments of the Mother-Commonwealth when in a speech against this provision of the constitution, which reads like prophecy and judgment, he said:

"This infernal traffic originated in the avarice of British merchants. The British Government constantly checked the attempts of Virginia to put a stop to it. The present question concerns, not the importing states alone, but the whole Union.... Maryland and Virginia, he said, had already prohibited the importation of slaves expressly. North Carolina had done the same in substance. All this would be in vain if South Carolina and Georgia be at liberty to import. The Western people are already calling out for slaves for their new lands; and will fill that country with slaves if they can be got through South Carolina and Georgia. Slavery discourages arts and manufactures. The poor despise labor when performed by slaves. They prevent the emigration of whites, who really enrich and strengthen a country. They produce the most pernicious effect on manners. Every master of slaves is born a petty tyrant. They bring the judgment of Heaven on a country. As nations cannot be rewarded or punished in the next world, they must be in this. By an inevitable chain of causes and effects, Providence punishes National sins by National calamities. He lamented that some of our Eastern brethren had, from a lust of gain, embarked in this nefarious traffic. As to the states being in possession of the right to import, this was the case with many other rights, now to be properly given up. He held it essential, in every point of view, that the General Government should have power to prevent the increase of slavery."

"But these prophetic words of George Mason," adds Mr. Fiske, "were powerless against the combination of New England and the far South."[35]

Some seven decades later, Virginia erected under the shadow of her Capitol a bronze statue to commemorate the fame of this illustrious son.

Governor Randolph and Mr. Madison earnestly supported their colleague, the former declaring that this feature rendered the constitution so odious as to make doubtful his ability to support it; and the latter asserting, "Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the American character than to say nothing about it in the constitution."[36]

FOREIGN SLAVE TRADE LEGALIZED

Thus it was by the votes of New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina, South Carolina and Georgia, and against the votes of New Jersey, Pennsylvania, Delaware and Virginia, that the slave trade was legalized by the National Government for the period from 1787 to 1808.

DISASTERS RESULTING THEREFROM

If it be argued that this provision of the constitution offered no menace to Virginia or to any other state not willing to admit the importations, the reply is obvious that this action of the National Government was deplorable because it placed the imprimatur of its supreme law upon the morality as well as legality of the slave trade; and further, because with the advent from abroad of every additional slave the difficulties and dangers of emancipating those in the South—their natural habitat—was increased. New England and the North were not menaced. Climatic and economic conditions, as well as their local laws, raised a protecting barrier. Beneath the hot skies of the South—where flourished the much sought for crops of cotton, rice and sugar cane—was the land to which with unerring instinct the Trader piloted his craft freighted with ignorance and woe. As long, therefore, as one port remained open and the National Government sanctioned the traffic, just so long would the inflowing tide continue, each new arrival adding to the difficulties of the situation.

Thus the nation, under its new charter, entered upon its career handicapped by the curse of slavery and further menaced by the new lease of life accorded the slave trade. Upon Virginia the maximum of burden rested. She had within her borders nearly one-third of the whole slave population of the Union. Hers was the ceaseless task of guarding against further importations from home or abroad; of devising some practicable plan for gradually emancipating the slaves in her midst, and meanwhile to continue day by day the work of teaching these children of the Dark Continent an intelligible language, the use of tools, the necessity for labor and the rudiments of morality and religion.


Critical Period of American History, Fiske, p. 264.

History of Negro Race in America, Williams, Vol. I, p. 426.

Critical Period of American History, Fiske, p. 264.

Life and Times of Madison, Rives, Vol. II, p. 446.

                                                                                                                                                                                                                                                                                                           

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