Elizabeth Warren and the Gag Rule #shepersisted

John Quincy Adams

John Quincy Adams

Gentle Readers, Kansas must wait a day. This past Tuesday night, as part of protesting against the appointment of Jeff Sessions to the post of Attorney General of the United States, Massachusetts Senator Elizabeth Warren tried to read into the record a letter that Coretta Scott King, widow of Martin Luther King, Jr., wrote in opposition to his nomination for the federal bench back in the 1980s. It details how Sessions, as United State Attorney, used his power to go after black Alabamans trying to vote. King operated under the theory that a white supremacist ought not have a judge’s lifetime tenure to use fighting against black Americans who dared think they could vote. The protest worked then and Sessions did not get black robes to wear over his white set. Such things happened in 1986; they do not in 2017.

Instead, Mitch McConnell (R-KY), the Majority Leader, rose up and accused Warren of violating the Senate’s rules. He moved for her censure on the grounds that she had insulted a fellow Senator, which the Republicans then agreed to. As a result, Warren had to stop reading the letter and remain silent for the remainder of the debate on Sessions’ nomination. Now Jeff Sessions, who had the votes regardless, heads up the executive department charged with stopping people like Jeff Sessions.

I didn’t come here to write about Sessions; I’ve done that. Silencing elected representatives in the course of their deliberations has a history in the United States. We can find the most obvious precedent for Warren’s case in the Gag Rule of 1836-44. Practice going all the way back to the First Congress dictated that antislavery citizens could petition Congress, but any petition they sent would receive no action other than tabling or referral to a committee to die in obscurity. After coming to Washington and voting to do just the same as always with two antislavery petitions, South Carolina’s James Henry Hammond rose in the House of Representatives to condemn the petitions as an insult to the South which demanded a firmer response than effective silence. Instead, the House ought to not receive the petitions at all.

The drama that ensued rarely left the confines of the United States Congress, but that made it no less significant. Here, as in previous clashes, slavery rose up as an issue that could reconfigure national politics. No white man in the South could afford to appear less proslavery than anyone else and expect to prosper in politics. That same quest to always prove one’s soundness on slavery required concessions from a North which would understand each one as demanding that they yield not far away, but in their own homes, to slavery’s despotism.

John C. Calhoun, always ready to involve himself in anything proslavery, took up the same charge in the Senate. There he argued, as quoted in William Freehling’s Road to Disunion, Volume One, that the petitions represented

a war of religious and political fanaticism, … waged not against our lives, but our character. The object is to humble and debase us in our own estimation, and that of the world.”

According to the Senate Majority Leader, Senator Warren’s reading of Scott King’s letter imputed

to another Senator or to other Senators any conduct or motive unworthy or unbecoming a Senator.

John C. Calhoun

John C. Calhoun

Calhoun maintained, as Freehling puts it, that

Free debate must leave us debased in our own estimations.

The Senator from South Carolina averred that the Senate must receive petitions, but only when they prayed for action that the body had a constitutional power to undertake. Since the Congress had no power to touch on slavery whatsoever, it must reject all antislavery petitions. To do otherwise would trespass against the property rights of the white South.

James Henry Hammond

James Henry Hammond

In all this, both Calhoun and Hammond insisted that the South’s censorship of the mail must now extend to the halls of Congress itself. The tolerance that the white North possessed for dirty hands and debased republicanism far away did not extend so near as all that. But outrage also went only so far. The House and Senate both passed gag rules that gave the Hammonds and Calhouns of those bodies nearly everything they wanted. James Buchanan, the man infamous for letting the Union fall apart, then sat in the Senate with Calhoun. The chamber adopted his almost absolute capitulation: the Senate would receive the petitions -sorry, Calhoun- but then would reject them at once rather than merely leave them on the table, from which someone might take them up, or refer them to a committee which may then take action on them.

The gag would last almost a decade, during which time it gave John Quincy Adams his finest hour. Now occupying a seat in the House, he proceeded to both name the rule by demanding to know if his opponents would have him “gagged” and explore every clever option he could think of for breaking it, including presenting a petition from people alleging themselves slaves -the objections rose up at once- who he then said had decided they liked slavery. When not embarrassing his overeager foes that way, he would offer up petition after petition and ask if they fell under the rule or not. Each time occasioned a slavery debate, just the thing the gag meant to stop forever. Stricter rules failed to silence the former president, who would finally introduce the resolution to end the gag in 1844. By then, the Northern Democrats that had accepted the gag before joined in opposing it.

Mitch McConnell did gag Warren Tuesday night. That he did it to silence her criticism of a man contemptuous of the rights of black Americans speaks volumes. So does his use of a rule against insulting senators reveal a further disturbing connection between his work and the nineteenth century. I need not explain the salience of the twentieth century connections. Instead, I will close with the epitaph that the Majority Leader wrote on Warren’s speech and which, gendered pronoun aside, fits John Quincy Adams just as well:

“She was warned. She was given an explanation. Nevertheless, she persisted.”

The Northwest Ordinance: The Nation’s First Antislavery Law?

Dred Scott (Wikimedia Commons)

Dred Scott (Wikimedia Commons)

If you remember and/or have flashbacks to high school history, you may remember the Northwest Ordinance. My own rusty recollection tells me that I learned the Ordinance established the system of land survey and the framework for territorial organization that would see use for the remainder of the march of white Americans across a continent and all the people who already lived there. If you live in a part of the country governed by it or its many descendants, you can probably drive out of town and navigate by a fairly regular grid of roads that owe much to the law. But mainly, the Northwest Ordinance banned slavery everywhere it reached. Thus it established a precedent for future bans on slavery in the Louisiana Purchase and Pacific Northwest. When Dred Scott sued for his freedom, he did it based on his lengthy residence in two jurisdictions where that slavery ban operated: Illinois and Minnesota. A large part of Minnesota did not originally fall in the Northwest Territory, nor even the United States at the time of passage, but legally Minnesota Territory originates in Wisconsin Territory. Wisconsin sits entirely within the Old Northwest and inherited its slavery ban through a few previous territorial enactments that go back to the Ordinance.

Thus we learn in school that the Founders, those great and good men, set slavery on a path to ultimate extinction. Antislavery Americans believed the same thing, from less ideological politicians like Abraham Lincoln to leading ideologists like Salmon P. Chase. An entire tradition of antislavery constitutionalism flows from the words

There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted

David Wilmot

David Wilmot

Restrictions on slavery’s expansion, all the way up to the Wilmot Proviso, use that language. It meant a great deal to people in the nineteenth century and as we, at least officially, declare our sympathy with those same people we carry on their position. It becomes for us, just as it did for them, a usable past. We can rest assured that our nation really did have its conception in liberty and something simply went awry sometime between 1787 and 1860.

Seeking comfort in history may make us human, but doesn’t necessarily make us good historians. What if we have it wrong? Antislavery Americans took the Northwest Ordinance as a precedent and it absolutely functioned as one down the road, but what did it look like in the 1780s? What might its slavery ban have meant to the men who voted for it? And how well did it function? Looking at these questions makes for a far more complicated picture.

We must begin with the ignoble birth of the slavery article. It came into the bill as an afterthought, at the last moment, and passed without debate. If you read the full law, you will find it replete with references to free inhabitants. For that distinction to have meaning, it must mean that the law contemplates the presence of unfree inhabitants: slaves. The law’s authors didn’t see fit to revise it to remove them, but rather voted the slavery ban through without debate that might have shed some light on their understanding of the issue. Thanks, guys.

We can say that the Northwest Ordinance protects the property and inheritance laws of the French inhabitants of the region. They owned slaves and would pass them on by inheritance. Does the property rights provision or the antislavery provision take precedence? The Confederation Congress may not have known that these people had slaves at the time, but when they and eventually the federal government confronted that issue the slavery ban collapsed into a weak ban on importing new slaves to the territory. It freed no one, but rather as a practical matter protected slavery to the degree it already existed in the territory. Nor, perhaps, should we expect otherwise of a law that could win the united votes of the southern states.

Salmon P. Chase

Salmon P. Chase

The point of precedent still matters, but already we have a very qualified precedent that exists more retrospectively and in form than function. We must indict the Northwest Ordinance further, also on the grounds of precedent. These words immediately follow the slavery ban:

Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

The Northwest Ordinance predates the Constitution. Thus here, for the very first time, we have a fugitive slave clause. This grants to the slave states a power they had previously lacked. Until the ratification of the Constitution, a slave who dared steal his or her body and made it across a state line might have just won permanent freedom. No provision existed under the Articles of Confederation for the recovery of fugitive slaves. When the Constitution introduced that power, it became a sticking point for anti-federalists in Massachusetts. If we grant at the Ordinance set an antislavery precedent in principle, we must also grant that it set a proslavery one in practice. Here, for the first time, slavery attains the kind of extra-territorial status which it will have down through the antebellum.

That may well have sweetened the pot enough to keep the South on board with the Ordinance, but the antislavery features of the law found frustration in another way still. The Ordinance did not grant any clear authority to any body to enforce its antislavery ban. You could sue in the courts, petition the government, or act through the legislature to protect property, but only the extremely dubious and generally inaccessible courts remained open for a person enslaved in defiance of the law. I don’t know that any enslaved person tried them when it mattered, but their prospects with a jury or courts established by a constituency that kept asking Congress to repeal the limited exclusion of slavery that did function in the territory can’t have looked good. The Indians had more avenues to defend their rights.

We must also look at what the Ordinance did not do. It did not cover the whole of the west, as a previously proposed version had. By excluding slavery from a marginal region, the South could have understood the ban as cutting off competition for slaves and in tobacco and hemp. No such ban existed in the Southwest Territory, which soon became Tennessee. Nor would any come in the lands to the south of it. Partitioning the west and surrendering the least appealing part of it might well have looked like a bargain to ensure slavery elsewhere, particularly as southerners proved more energetic in westward expansion during the very early republic. Kentucky and Tennessee both gain statehood in the eighteenth century, a distinction shared in the North only by Vermont.

This leaves us with a Northwest Ordinance that served as an important legal and rhetorical touchstone for the antislavery movement, fair enough. But the facts on the ground on either side of the Ohio or the Appalachians don’t really support an unqualified assertion that it set the nation on a path toward abolition. Rather, looked at in detail and in context, the Northwest Ordinance appears more like the other kind of precedent: an ambiguous law that does little to restrict slavery in practice while trying harder to reinforce and defend it. We might call it the first proslavery-tilting antebellum compromise as easily as the first antislavery law.

Debunking a White Power Meme: Was the first slaveholder in America a Black Man?

Gentle Readers, last week I dug into the question of whether African-Americans held more slaves, proportionately, than white Americans did. A white power meme I found circulating made that claim, which has the unusual benefit of factual accuracy. The percentage of slaveholders among free black Americans is greater than that of their white counterparts. The meme declines to inform the reader that the vast majority of these people held as slaves relatives whom they could not easily free. In other words, most occasions of black slaveholding in the antebellum United States happen in the context of resisting the slave system imposed upon them by whites, rather than direct continuance of it. They owned loved ones to protect them from ownership and exploitation by whites.

The latest in white supremacy

The latest in white supremacy

Which brings me to the second of the meme’s noxious claims, which lacks the warm factual coating for the first:

What about the fact the first slave owner in America was a black man?

Let’s take this from the top. Say, for the sake of argument, that no one owned a slave in the Americas until some black man came over and taught white people how to do it. Bending over backwards to the point of falsehood still leaves us with an irrelevant, if illustrative, point. However slavery originated in the New World, it became the system we remember. In that system, whites owned blacks. White skin meant freedom and black skin meant stolen labor, loved ones, and lives.

We have here a despicable case of white power projection. Whites must do nothing wrong. If white people did do something wrong, then it could only be because some black person corrupted them. This remarkable person, an alleged member of an alleged inferior race, had such power that his example seduced and corrupted thousands of whites for centuries on end. From him, and him alone, they learned the arts of slavery. If not for that example, they would have had no labor shortage, nor decided to meet it by buying the lives of “heathens” and “savages” from Africa who could turn sweat, blood, tears, and screams into money.

Maybe all of that makes sense if you believe white skin betokens moral virtue and black skin singular perfidy. Millions of white Americans still believe just that, but we don’t have to count ourselves among them. Like the fantasy of inferior races, the first slaveholder’s blackness doesn’t withstand a moment’s scrutiny. To begin with, American Indians practiced slavery on a small scale in the Americas long before any people from Europe arrived. Indian vs. Indian slavery didn’t set the pattern for whites any more than black vs. black slavery did. By the time whites came to the New World, our white ancestors already had long experience with slavery. In the later half of the fifteenth century, with the traditional supply of slaves from Eastern Europe cut off by the fall of Constantinople, the Mediterranean basin turned from using Slavs -we got our name from the practice- to grow their sugar and cotton to the use of sub-Saharan Africans.

You may remember from grade school that these explorers sought a way to the Spice Islands and China. If you learned it like I did, they left out what happened along the way. Iberian explorers bought and brought back people from their voyages. Initially, the Portuguese just landed and stole what and who they liked. The discovery of more organized and powerful states nearer the equator changed plans. Further out to sea, Iberians found Madeira, the Azores, and the Canary Islands. The last had native inhabitants, the Guanche. They had olive skin, if one wishes to keep score of such things. Lacking metallurgy and isolated for centuries, the Guanche had difficulty resisting conquest. That conquest did not go smoothly, all the same. It required decades of fighting for the Spanish to seize Grand Canary. A combination of violence and disease finished off the Guanche, to the point where only nine sentences of their tongue survive.

That left the Spanish in possession of a islands in subtropics better suited to sugar cultivation than their plantations back home. They went right to work, enslaving the Guanche and putting them to work. The Guanche didn’t last long, thanks to the violence and disease, but Europeans didn’t want to just give up making money off sugar. Soon the Portuguese brought the first black slaves to the first of the sugar islands. On these and other islands down the African coast, Europeans perfected the arts they would also practice on the other side of the ocean.

One might object here that islands in the Eastern Hemisphere don’t constitute any part of the Americas. Geography agrees, but the Spaniards took the lessons learned with the Guanche and others with them to the West Indies. They had established colonies and plantations worked by black slaves there well in advance of settlement on the mainland. A few Slavic slaves also appear in sixteenth century Havana, remnants of the old Mediterranean trade.

A person deeply wedded to white supremacy might object that Iberians hardly count as white, but even if we unwisely grant such a concession it helps them not at all. In fact, let’s take this one all the way and declare only Anglo-Saxon Protestants white. This means we must confine our inquiry to British colonies. Roanoke did not practice slavery that we know of which brings us to Virginia. (A similar process happens at about the same time in Barbados, but as both your author and you Gentle Readers know more about Virginia I shall focus on it.) The first slaves to arrive in Virginia came courtesy of the Dutch:

About the latter end of August, a Dutch man of Warr of the burden of a 160 tunnes arrived at Point-Comfort, the Comandors name Capt Jope, his Pilott for the West Indies one Mr Marmaduke an Englishman. They mett with the Treasurer in the West Indyes, and determined to hold consort shipp hetherward, but in their passage lost one the other. He brought not any thing but 20. and odd Negroes, which the Governor and Cape Marchant bought for victualls (whereof he was in greate need as he pretended) at the best and easyest rates they could.

We should take care, however, to bear in mind that the Englishmen of 1619 did not have an elaborate concept of racial hierarchy such as we have so often prosecuted. The Dutch probably intended to sell their cargo as slaves, or just didn’t care, but it seems that except for the circumstances of their arrival these twenty people faced no worse treatment than white indentured servants. One can count them as slaves, but doing so projects back a system still decades in the future.

In Virginia, we now have black indentured servants owned for a term of years by whites. Up in New England we have something else. White Englishmen arrive there not long after those twenty Africans arrive unwillingly in the Chesapeake. Samuel Maverick arrived in Massachusetts in 1624, bringing with him black slaves. If you want a first slaveholder in British North America, he makes for a good candidate. After the Pequot War, the Puritans enslaved many Indians. They sold most of the men to the West Indies but kept the women and children for themselves. The Pequot, by no common racial theory, count as black but they got very similar treatment. The 1641 Massachusetts Body of Liberties includes possibly the first formal slave law in British North America:

91. There shall never be any bond slaverie, villinage or Captivitie amongst us unles it be lawfull Captives taken in just warres, and such strangers as willingly selle themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of god established in Israell concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authoritie.

Incidentally, the seventeenth century’s spelling practices constitute one of the more prosaic reasons this blog doesn’t have a great deal of colonial America content.

One can argue that Yankees don’t count on the same grounds that we could object that even if the first enslaver in North America had black skin it doesn’t matter. The system whites imposed made black people slaves to whites. It also, from a fairly early period, saw prosecution far more aggressively in the Chesapeake and points south than it did in New England. The Middle Colonies offer an exception in the middle eighteenth century, where they appear well into a transition from societies with slaves to slave societies, but the American Revolution put paid to that and it takes us well beyond any consideration of firsts.

Anthony Johnson's mark (via Wikipedia)

Anthony Johnson’s mark
(via Wikipedia)

This brings us back to Virginia again, and the man that many people claim as the first slaveholder in the colony: Anthony Johnson. Johnson came to Virginia as a slave, found himself an indentured servant, and became free at the end of his term. He did well for himself, able to gain property and sponsor the transport of indentured servants from England. He sued a neighbor to secure the return of a black man he held as a slave, John Casor. The court sided with Johnson, indicating that by 1655 the idea of lifetime slavery had established some purchase in Virginian culture.

The court did not, however, make Casor the first slave as we would understand the term. Even within Virginia’s jurisdiction, and bearing in mind that Massachusetts has already crossed the finish line with a white enslaver, the first known case of lifetime slavery appears to come in the person of John Punch. Punch and some other indentured servants absconded with themselves. They got caught. All three received some lashes for their trouble. Punch’s companions, both white, received a year added to their time under indenture, then a further three serving the colony. Punch, a black man, got slavery for life on July 9, 1640.

New England and the Slave Trade to 1808

Something different today, Gentle Readers. I undertook a light research project the past few weeks, at the suggestion of one of the mods over at Reddit’s AskHistorians. African slaves did not arrive in the New World on their own. It took Africans capturing and enslaving them, moving them to ports, and then Europeans buying and transporting them across the ocean. The lion’s share of that traffic in the later decades of the Atlantic trade took place on British-flagged vessels until 1808, and thence forward under Portuguese registry. Every seafaring power got a finger in the pie at some point, the United States included. Most of the American vessels that plied the trade did not, as one might imagine, come from South Carolina. Instead, slavers hailed primarily from New England. Yankee shipwrights built their vessels, owned them, crewed them, invested in them, and profited from their voyages. Did that investment have any influence on the eventual debates over banning slave importation on January 1, 1808? I set off to find out. I also used a more conversational, casual tone than I usually do here.


The Short Version

It’s complicated and the context matters. The short version is “probably a little, but some and some decisive stuff back earlier.” Ok then, everyone’s satisfied so we can all go home, consume the beverages of our choice, and call it good. Or we could go deeper.

The Long Version

Right then, let’s roll the clock back to Philadelphia, 1787. It’s summer, that time of year when rich white guys sit down to fix the Articles of Confederation, good and hard. The Committee on Detail gets to work based on general things settled by the convention. Its members are John Rutledge (SC), Edmund Randolph (VA), James Wilson (PA), Nathaniel Gorham (MA), and Oliver Ellsworth (CT). That’s two New Englanders, two Southerners, and a dude from Pennsylvania. The rest of the convention takes a break while they go to work, but not before Charles Pinckney (SC) tells everybody that

“that if the Committee should fail to insert some security to the Southern States ag[ain]st an emancipation of slaves, and taxes on exports, he sh[oul]d be bound by duty to his State to vote ag[ain]st their Report.”

Waldstreicher, David. Slavery’s Constitution: From Revolution to Ratification (p. 89). Farrar, Straus and Giroux. Kindle Edition.

As if they could have forgotten.

The Committee on Detail’s report bans taxes on exports and slave imports, and by the way there’ll be no banning of those slave imports either. A few clauses down is a requirement for a two-thirds majority to pass any acts which would regulate trade, “navigation acts” in the parlance of the time. That first appears in Rutledge’s hand. Together this tilts wildly Southern: The South’s exports can’t be taxed. Its slave imports can’t be taxed. What can the South do that would get taxed? It’s either excise taxes, which had gone not so well previously, or a tax on imports that be a drain on shipping. Who did the shipping? New England, New York, and Philadelphia, mostly.

This was enough to get some pretty serious debate going. The arguments against involved much of the obvious: the Constitution they were drafting was proslavery. The 3/5 compromise would promote slave imports, since the South could literally buy votes in the House and Electoral College. If slavery weakened the South by requiring more military spending to keep it together, as the section sometimes argued, then the whole union would be on the hook. And really, we fought a revolution for freedom and now we’re going to protect slavery?

Rutledge, who chaired the Committee on Detail, gets up and argues otherwise: Hey, we’re not saying import slaves. We’re saying importing slaves shouldn’t be forbidden. Two, the South doesn’t need your dirty Yankee help protecting itself. The fact that we’re all paranoid about slave revolts and sore at how the British made off with so many of our slaves? Doesn’t count. But ultimately:

Religion & humanity had nothing to do with this question. Interest alone is the governing principle with nations. The true question at present is whether the South[er]n States shall or shall not be parties to the Union. If the Northern States consult their interest, they will not oppose the increase of Slaves which will increase the commodities of which they will become the carriers.

Waldstreicher, David. Slavery’s Constitution: From Revolution to Ratification (pp. 94-95). Farrar, Straus and Giroux. Kindle Edition.

Rutledge said what everybody knew. There was a kind of alliance between New England and the Lower South operating. Ellsworth helped prove it by calling the antislavery element out for hypocrisy. If slavery was wrong, why were they just banning the import of slaves? This from a guy from Connecticut.

The convention soon found they were at a serious impasse, so they got together another committee to work out a compromise: Yes to a tax on slave imports but it couldn’t go higher than the average of existing duties. No ban on slave imports permitted until 1800. Cool? Not cool. South Carolina moved to kick the date back to 1808. The change passed with the votes of New England, the Lower South, and Maryland.

Since New England was being so nice about the slave trade, the Carolinians flipped on the navigation act clause, which was then deleted. We end up with this, the slave trade clause:

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, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

New England gets commerce-regulating power that it wants and the Lower South does not. The Lower South and New England team up to save the slave trade they’re both interested in.

As everything subsequent in this post flows in one way or another from those words, let’s unpack them a little. You have the usual constitutional circumlocution around slavery. The framers were sensitive to the notion that the Constitution would not explicitly sanction what they called “property in man”. This fooled no one, but the distinction would eventually become very important in antislavery constitutionalism largely thanks to the efforts of Salmon P. Chase and James G. Birney, but getting well outside the scope of the question. (Fair game for follow-ups or subsequent questions, of course.)

The key parts:

  1. Congress will have the power, come 1808, to impose a total ban on the importation of slaves to the United States.
  2. Congress does not have that power until 1808, though it may impose a tax of up to ten dollars a head on such imports. Congress could literally make that the first act of the first Congress, pass it on the first day, and have it be the first thing to cross George Washington’s desk.
  3. The clause applies to states, not to the United States in general. Congress can do whatever it likes with regard to territories. It can even ban taking slaves already in the US into territories. It will do so, banning the import of slaves to the Northwest, Mississippi, and Orleans Territories. Only the first of these bans is well known, and then as an absolute prohibition. That’s how it was written, but the choice of the first governor and indifference in Washington ensured it was never more than a questionably-secure ban on imports. The bans on imports to Mississippi territory (modern MS and Alabama, mostly) and Orleans (Louisiana, naturally) were more explicitly that, but only in effect briefly and are allowed to lapse. These precedents are relevant to later antebellum stuff, but again that takes us well past the bounds of the question.
  4. The clause allows Congress to exercise its power to ban the importation of slaves to the United States in general on, or at any point after, January 1, 1808. It’s not required to do so on that date or any other.
  5. None of this requires states to import slaves. All of them had enacted bans on it during the Revolution as part of the non-importation movement. But those bans were state law and could be reversed. They would be by Georgia (1787-98), North Carolina (1790-4), and of course South Carolina (1805-7).


Incidentally, all of these constitutional provisions are unamendable. They’re entrenched in the Constitution to exactly the same degree as the two senators per state rule.

Josiah Parker

Josiah Parker

That’s the lay of then land when the first Congress gets together. It took them literally thirteen days into the Washington presidency to get into a fight over slavery. Josiah Parker, of Virginia, got up in the House and suggested: hey, we have the authority in plain English to impose a ten dollar tax on slave imports right now. Why don’t we tax the crap out of them? In the ensuing debate representatives from Georgia and South Carolina made arguments that sounded downright 1850s, up to and including early attempts at a positive good defense of slavery. James Jackson (no relation that I’m aware of to Andrew or Thomas) of Georgia condemned it as “the most odious tax Congress could impose.”

That’s very far from New England, though. Roger Sherman, of Connecticut Compromise fame (and, you know, Connecticut) opposed Parker’s proposal on the grounds that it was an amendment to a general tariff bill. It really ought to come as its own bill, even though a tariff is exactly what Parker was proposing. The objection might sound a little suspicious, and maybe it was, but it was held so generally in the House that Parker agreed to withdraw his amendment and resubmit it as a freestanding bill.

Parker’s tax came back up and the House voted to postpone it to the next session, at which point it would get mixed up in a firestorm over antislavery petitions from some Quakers and Ben Franklin who also wanted the Congress to do something about the slave trade. Franklin’s petition asked that they “step to the very verge” of their power and…and maybe think about freeing any slaves illegally imported? The prospect of the United States government turning into an agent for active emancipation must have been wildly popular in the South, right? You’d expect the kind of slightly manic cheer that fills media aimed at very young children or certain hygiene products. History’s full of heartbreaking stuff, though. The Lower South went ballistic.

It didn’t get them much. A House committee took in the petitions and reported out a summary of Congress’ powers with regard to slavery. That report laid out much of what I summarized above, particularly that no ban would come before 1808. It also established accepted constitutional wisdom, even by Republicans, all the way to 1860:

  1. The Congress had no power to interfere with slavery in any way within the bounds of a state, either to emancipate the slaves or to regulate their treatment. However…
  2. Congress had the power to prohibit US citizens from carrying slaves to foreign ports and
  3. Could prohibit foreigners from setting up slavers for voyages in US ports, plus
  4. Congress could set standards for the treatment of slaves on ships bound for the US.

This report didn’t become law of any kind; the Senate never signed off on it. But the House as a whole endorsed it, over Southern objections, and antislavery societies took it as a how-to for their future slavery fighting.

Let’s look at items #2 and #3. This is a part of the slave trade that is almost invisible in the story of American antislavery, but it’s an important one. Remember above that the Constitutional restrictions apply to importation of slaves to the United States. They do not apply in any way to operations in the carrier trade, taking slaves from Africa to Cuba (mostly), the West Indies (number two), or ports in South America (fairly rare, but it happened).

That’s actually where most American slavers did their business. They were primarily New Englanders. We can narrow that down still further. The majority of American slave ships (~70%) were owned and built in Rhode Island. There were operations elsewhere in New England and in New York that registered on the contemporary radar, but the Rhode Islanders were conspicuously all over this. The trade was a major factor in their state’s economy in a way that it no longer was elsewhere, if it had ever been. (I honestly don’t know. Colonial-era slaving is well outside my expertise.) About two-thirds of their voyages brought slaves from Africa, mostly in exchange for rum distilled right back home in the smallest state, and took them to the Caribbean. The other third supplied the American South, but most slave imports to the United States arrived on foreign ships.

So here we have an explicit declaration of congressional power over a trade which isn’t actually that important to the South, since they get their slaves from foreigners, and which limiting would only really hurt Rhode Island. Thus, there’s some real action…eventually. Congress took until 1794, but then they passed the Slave Trade Act of 1794. George Washington put his John Hancock on it on March 22.

What’s the law do? American citizens, and anybody setting out from a US port, are prohibited

for himself or any other person whatsoever, either as master, factor or owner, build, fit, equip, load, or otherwise prepare any ship or vessel […] for the purpose of carrying on any trade or traffic in slaves, to any foreign country; or for the purpose of procuring, from any foreign kingdom, place or country, the inhabitants of such kingdom, place or country, to be transported to any foreign country, port, or place whatever, to be sold of or disposed of, as slaves

Do that particular dirty deed and your ship and all its accessories could be libeled, condemned, and forfeited to the United States in whatever district or circuit court happened to have jurisdiction. Furthermore, if you were involved with this sort of business, or aiding and abetting, you would take a $2,000 fine to be split between the United States and whoever prosecuted you. If you were a owner or master of a ship and even looked dodgy, and someone reported you to the customs officials, you could be required to swear an oath and give a bond that you would not embark any African or other natives to take elsewhere and sell as slaves for the following nine months. Congress wasn’t quite done yet. It also assessed a $200 per-head fine on any slaves you tried to traffic in, again split halfsies between the US and the prosecution.

You might anticipate a big controversy here and a law that just squeaked by, but it doesn’t seem so. I went looking for debates and the roll-call vote on the measure, but couldn’t find them. Don Fehrenbacher tells me that the law got “ready acceptance […] in both houses”. I’m inclined to believe him, but his footnote led me to a dead end. This is all in the Annals of Congress, which were compiled retrospectively from newspaper accounts decades later rather than recorded live, as it were. So it’s possible a debate happened and no one took much notice, but I’ve spent a couple of hours looking and I can’t even give you the vote totals. Beats me. (If anybody has found records of this stuff, please let me know; I’m desperately curious.) The law was, Fehrenbacher says, the result of some very carefully written antislavery petitions. In particular, they took great pains to avoid any request for abolition.

So the 1794 act becomes law. It’s not the most draconian thing, but the fines are quite high. It lacks for a good enforcement regime, though. Basically you’re looking at private prosecutions, which half the fine would buy the government. Those would mostly have to happen in the very places where the trade was most popular and its wealthy practitioners most influential. Long odds, right? Maybe, maybe not. It was enough to get Cyprian Sterry, one of Providence’s slaving bigwigs, to quit the business when the local antislavery groups promised to come after him.

And then there’s John Brown. No, not that John Brown with the wild beard and the badass mural in Kansas. (But seriously, look at that mural!) John Brown of the Brown University Browns. John Brown is having none of this crap about fines. The Congress can take its slave trade act and shove it. He’d been doing the same thing with Rhode Island’s state law against slave trading voyages since 1787. He sent a ship, the Hope, off a-slaving. Hope called at the Guinea coast, bought some people, and took them off to Cuba where the sale of the 229 survivors turned a handy profit.

Brown had clearly fitted out and set off a slaving voyage. His brother Moses, a Quaker convert, and the local Abolition Society came after him in a private prosecution. They made it their business to do this, but usually things got to the point where someone would sign an agreement to renounce the trade (as Sterry did) and they would drop the prosecution. Negotiations to that end did not budge Brown at all. Moses threatened him with more than the loss of an older ship if he kept at things, but Brown sucked up the loss of the Hope. Eventually it became clear that Brown was trying to push things to trial. If someone got nailed for illegally importing slaves they would have to face a jury, and a Rhode Island jury would probably not convict. Once that became an established fact, the law would be a dead letter.

Thomas Jefferson

Thomas Jefferson

Which it was, for the most part. The Washington administration did not bend over backwards to see the law enforced. Rhode Island’s commerce dipped for a year after passage, but then came right back. Between 1794 and 1804, Rhode Island saw twenty-two prosecutions but we know of at least two hundred voyages to Africa in the same time. It seems that the volume of the trade significantly increased after it became illegal. Good lawyering, friendly juries, and occasional intimidation kept it safe until Jefferson appointed one of the big name slavers to the customs post at Bristol in 1804. Shockingly, African clearances from there shot way up. Prosecutions did not.

I told you most of that to set this up. Come 1800, things are looking a little better for the 1794 law. The Adams administration is encouraging prosecutions and has a few ongoing. Congress decides to revisit things and improve on the old law with a supplementary bill. This one is going to jack the fines (double the value of vessels forfeited and price of the slaves), outlaw investment in slaving ventures (at the pain of losing twice your stake in them), and if you’re actually on the ship you could get two years’ jail. This applies to Americans doing their own trading destined for foreign ports, as well as Americans on board or investing in foreign vessels. If the Navy, or equivalent, does the capturing then its officers and crew are entitled to prize money. And if a private prosecution brings any of this about, the fines go halfsies to the US and the accuser again.

By this point, John Brown is 50% of Rhode Island’s House delegation. He has some things he needs to say. Quoting from the Annals of Congress here:

it [was] improper to prevent the citizens of the United States enjoying the benefits of a trade enjoyed by all the European nations. […] Many members of the House, he observed, knew how the former act was passed; they knew that Congress was drilled into it by certain persons who would not take *no* for an answer. It was well known that the Abolition Society, otherwise the Society of Friends, as they were called, were very troublesome until they got that act passed.

Cheeky of him to name the outfit his brother was a member of, and which had prosecuted him, by name. Brown went on to say that no American law forbade exporting Africans from Africa. So why not just let Americans take Africans where they pleased? Better to enjoy the proceeds than leave money laying on the table. They were slaves either way, ok? Cutting Americans out of such a lucrative business was just bad policy and, anyway:

it was wrong, when considered in a moral point of view, since, by the operation of the trade the very people themselves much bettered their condition.

He said it. Having crossed that Rubicon, which pitched him all the way down with the Lower South, Brown noted that Congress could fill up the Treasury with slave-produced revenues. Far better to do that then debt finance things, right? And it’s not like US law would prevent “one more slave” from being taken. It would just be some foreigner that did the taking. With distilleries idle, why not have the rum go off to buy people? Brown

had been well informed that on those coasts New England rum was much preferred to the best Jamaica spirits, and would fetch a better price.

This is, as I mentioned before, literally how Rhode Island bought slaves. Brown had been well informed by his own ledgers. I don’t know about Brown personally, but some of the traders owned their own distilleries.

I don’t know that any other New Englander spoke in opposition to the 1800 law. It passed on on May 10, 1800, clearing the house with all of five votes against. Who are those guys? Brown, of course, George Dent (MD), Joseph Dickson (NC), John Rutledge Jr. (SC), and Benjamin Huger (SC). It’s by no means a prefect indicator, but the fact that Brown alone votes against the bill paints him as a pretty marginal figure. The commerce is mostly a Rhode Island affair and the other Rhode Islander in the House didn’t vote against it. But one does have to consider that all previous acts turned out to be paper tigers. Even forfeited ships often got bought back by their previous owners for pittances. The 1800 revisions had as much effect as the 1794 original: a brief downturn followed by resumption and increase of voyages. Between the international situation and American non-enforcement, the US share of slave exports from Africa goes from an estimated 2% (1780s) to 9% in the following decade and then 16% for the first Jefferson administration.

Stephen Row Bradley

Stephen Row Bradley

Skipping a few minor episodes (making imports of slaves to a state that has closed the trade a federal offense that inspires SC, along with the money to be made importing slaves for further transit to Louisiana, to reopen the trade and a revival of the ten dollar tax that goes nowhere in retaliation against SC) we get to 1808…almost. We have to come up for a moment in December of 1805, when a New Englander gets conspicuous again. Stephen Row Bradley, of Vermont, gets up in the Senate and suggests they get cracking on a bill to prohibit slave imports, effective the first of 1808. The time might have seemed ripe, with states calling for a constitutional amendment to permit banning slave imports then and there not that long before, but Bradley’s proposal was taken as too soon all the same. There’s an undercurrent of doubt in all of this as to whether it’s proper for Congress to even consider an import ban before 1808, let alone years in advance.

December, 1806. Jefferson’s annual message (the equivalent to our State of the Union) recommends that Congress get an import ban together, effective January 1, 1808. Jefferson defended getting it done in advance on the grounds that it would mitigate against catching any vessels en route who may have started out legal but become illegal in passage. Bradley introduces his bill on December 3. There’s a broad consensus that now’s the time to do something and a ban should happen at the first available moment. Southerners even carp at the suggestion that they want anything else. The fights start over the details, with there being three big ones:

  1. What to do with people imported illegally? Should they be freed? If so, what does the nation do with them? Take them home? Settle them somewhere? Or do they remain slaves to be sold at auction? And if so, by whom? Was the federal government to become a slave trading operation? (Decided by the local jurisdiction, which meant kept as slaves and sold by state governments in the South.)
  2. What kind of penalty should violators face? (Original version: fines and forfeiture. Seen by most of the North as too little. Amended: death. Split the North, with many feeling it was too much. Final version: jail time.)
  3. Should Congress regulate the domestic maritime trade in slaves? Later on, this is often called the coastwise trade. Most of it runs from the Chesapeake to South Carolina, Georgia, and eventually Mobile and New Orleans. (Yes, but not much.)
John Randolph

John Randolph

These debates are not heavily studied, at least as of Matthew Mason’s Slavery Overshadowed: Congress Debates Prohibiting the Atlantic Slave Trade to the United States 1806-1807 (2000). Even contemporaries paid far more attention to other issues, despite often fiery rhetoric. The distinction is very much sectional, though Mason notes that the South prevailed as usual with the help of some northern cooperation. He doesn’t call out any New Englanders as conspicuous. This nuts and bolts wrangling took place in the House. The Senate recorded no debates or votes -thanks a lot, jerks-. Peter Early (Georgia) and John Randolph (Virginia) were conspicuous on the southern side, but if there was a particular locus of resistance in the New England delegations Mason doesn’t note it and I think he would have.

On the key vote as to what would happen with those people imported illegally, the House came to a 60-60 tie broken by the Speaker (Nathaniel Macon, NC). It got to that point with thirteen northerners voting against their section, eleven of them from mid-Atlantic states. They were Joseph Clay (PA), Henry Livingston (NY), Josiah Masters (NY), Gurdon Mumford (NY), John Russel (NY), Martin Schuneman (NY), Uri Tracy (NY), Phillip Van Cortlandt (NY), Killian K. Van Rensselaer (NY), Daniel C. Verplanck (NY), Eliphalet Wickes (NY)

What about those other two? I had to do a little hunting here, since it’s one of those things where you have to figure out which side is which and which is the relevant vote. It’s here. My method: I recognize the names of several southerners on sight, particularly the hard-liners, and know the section voted pretty solidly one way. So we want the nays. To be doubly-sure, and do the further sifting, I compared the nays with the roster here (PDF). I came out with, in addition to the previous list, Samuel Tenney (NH) and Peleg Wadsworth (MA).

Both are New Englanders, though neither is a Rhode Island man. I don’t know if Tenney and Wadsworth had any personal or constituency connections to the slave trade or not. This isn’t quite an up or down vote against slavery, though it’s close, so there may have been tactical considerations involved too. The strong New York connection to southern interests, political and economic, must be a factor for the others. New York’s remaining slave population might have served as another, but I’ve got my doubts considering they can’t have expected a whole lot of slavers to aim for their ports and so end up depositing human cargo locally where it would matter on a personal level that much. What slave ship is going to take a hold even partially full of people to a state that passed gradual emancipation in 1799 when there are so many more hospitable and profitable ports?

Which brings us to regulation of the coastwise trade, with the question being whether to limit the trade to vessels displacing forty tons or more. Twelve Upper South men voted for it, only ten northerners opposed. This was a significant limitation, as while an Atlantic-going slaver would run around 158 tons, the coastwise trade involved mostly vessels smaller than that.

So let’s fine those dissenting Yankees again. The vote is here. We want the Nays. There are seven repeat offenders from the last vote here: Josiah Masters (NY), Gurdon Mumford (NY), Martin Schuneman (NY), Samuel Tenney (NH), Uri Tracy (NY), and Killian K. Van Rensselaer (NY). That leaves us three to find. They are Silas Betton (NH), Martin Chittenden (VT), Samuel Dana (CT). One wonders just what Martin Chittenden and Stephen Bradley said to each other when they got home.

So there’s four New Englanders in the mix, counting Tenney with the three new arrivals. That’s not a lot (35 New England reps total, 20 of them Federalists) but it is something. The New England of the very early 1800s is not the New England of the 1840s and 1850s. It’s a place where antislavery is popular, but it’s not the region-defining thing it would be in future years. That begins to emerge when it becomes clear that the Federalists are done as a national party and they don’t need to be appealing to enslavers anymore as their partners in Virginia and South Carolina in particular are no longer interested. I don’t know what’s going on with the Chittenden in Vermont at all, and Rhode Island is conspicuous in its absence (both RI reps are Republicans at the time, so maybe party whip and certainly the impotence of previous laws would be a factor), but they must have had their reasons. The state didn’t lose interest in slave trading for a while yet hereafter.

I fired up my Biographical Directory of the United States Congress to see if there was a partisan angle. All four are federalists. Party lines aren’t as hard as they would become, but they could be looking to keep alive a national Federalism by resisting Jefferson’s program in hopes of wooing back southern coalition partners. But it’s only an inclination, against the general trend of their party’s vote, and it’s not too long after this that the party try to position themselves as a New England sectional party with an antislavery bent. On the balance, and absent any meaningful biographical data about them, I don’t think partisanship is the main factor. I can’t say for sure that there are personal or constituency interests driving them, but it seems likely.

I haven’t gone looking in the debate myself to see if any of the against-the-grain guys spoke up in an interesting way, but between my sources I think if they said anything useful and it survived, I’d have seen it quoted. It’s rare for them to even be mentioned by name. Mason notes that for all the fireworks in Congress, the slave trade prohibition doesn’t seem to have drawn many eyeballs. With the exception of Bradley, few of the antislavery party even seem to have felt it was the main event of the Ninth Congress. (Though it was the big event of their generation of antislavery activism.) The papers took little interest, and the Annals were collected largely from newspaper reports, so things probably have slipped away.

The bill passes on March 2, 1807, which brings us to our last vote. Only five men vote to keep the trade open. It is actually open at this point, because SC still has it going. They are Silas Betton (NH), Martin Chittenden (VT), James M. Garnett (VA), Abram Trigg (VA), and David R. Williams (SC). No Rhode Islanders but two New Englanders willing to take it to the bitter end and go on record, both Federalists. Chittenden remains the real mystery to me. New Hampshire at least has a coastline. He was born in northwestern Connecticut, but left there when he was thirteen. That’s old enough to have opinions, maybe. He was educated at Dartmouth and may have picked up his position there, but that would be a question for his biographer.


It’s very likely that I’m forgetting some.

The Slaveholding Republic by Don Fehrenbacher on the mechanics of the slave trade and law in particular, but also John Brown.

James, Sydney V. Of Slaves and Rum. Reviews in American History 10.2 (1982): 168-72. Web. A book review that gives some details from The Notorious Triangle, about Rhode Island and the slave trade which I desperately want to read, but is well outside my research budget.

Mason, Matthew E. Slavery Overshadowed: Congress Debates Prohibiting the Atlantic Slave Trade to the United States, 1806-1807. Journal of the Early Republic 20.1 (2000): 59-81. Web for fine-grain details of the votes and debates.

Slavery & Politics in the Early American Republic by Mason was helpful or situating the New England Federalists.

Slavery’s Constitution: From Revolution to Ratification by David Waldstreicher for the Constitutional Convention and Yankee-Carolina alliance.

And a finding aid for the John Brown Papers (PDF) at the Rhode Island Historical Society for more information about Brown and how the Abolition Society operated.

The Buford Expedition, Part Six: The Daughters of South Carolina

Mary Chesnut

Mary Chesnut

Fleming’s paper is available here (PDF) or in Transactions of the Alabama Historical Society, Volume IV (huge PDF).

Previous Parts: 1, 2, 3, 4, 5

We left Jefferson Buford at the Alabama legislature, where he made his pitch for Kansas emigration. A visiting Massachusetts man got word of that and went straight to Ely Thayer when he got home with the news. Buford aimed to field a proslavery regiment in Kansas, all armed and ready to fight. The Emigrant Aid Society, while it had trafficked in guns at least informally, dealt more with the money end of things. Thayer and the good, antislavery people of Worcester got together and made a start on remedying that deficit to the tune of 165 guns and fifteen thousand dollars for further emigration.

Buford had not started the fight over Kansas, but Thayer and company realized that he had taken it to a new level. His plan, like the Emigrant Aid Society’s, found supporters. If Buford couldn’t shake any money loose from the state of Alabama, he could get some from Alabamans to go with the proceeds from selling forty of his Alabaman slaves. A meeting in Columbus, Georgia, resulted in a Colonel Gayle promised his county would deliver up five thousand dollars. Gayle seems to have had plenty of cash on hand, as Fleming notes that he later offered $100,000 for the execution of Abraham Lincoln. In less conventional fundraising,

A daughter of South Carolina sent to the editor of a newspaper a gold chain which would realize enough to furnish one man, and she begged him to let the ladies of her neighborhood know when more money was needed. “We will give up our personal embellishments and expose them for sale.”

Floride Calhoun

Floride Calhoun

That makes for a cute detail, but it speaks to an important reality. Nineteenth century America permitted political action by women in only tightly constrained venues. As the mothers of future citizens, they had a legitimate place in seeking to improve the moral condition of the country. They could do that through the action of various benevolent societies. We remember mostly the suffrage, temperance, and antislavery movements but nineteenth century women also practiced politics through church groups and exerting informal influence on their male relations. The women of South Carolina might have made a sentimental gesture in selling their jewelry, and most men probably read it that way, but they also took a political stand. They too lived in the Palmetto State and understood themselves as a slaveholding people, in solidarity with the slaveholders of Missouri and imperiled by antislavery activism in all its forms.

Should things worked out as they expected and antislavery agitation inspired slaves to revolt, the murderous hordes would come for the Mary Chesnuts as much as the James Chesnuts, the Floride Calhouns along with the John C. Calhouns. We know that no massacres came, but we have the benefit of hindsight they lacked. So far as they knew, the slaves told the truth when the menfolk tortured plans to kill all the whites out of them. Denmark Vesey, at least in their minds, really wanted to go on a killing spree in Charleston before sailing off to Haiti. That whites, then and now, proved far more prone to such things didn’t enter into it.


The Buford Expedition, Part Five: A Response from Eli Thayer

William Lowndes Yancey

William Lowndes Yancey

Fleming’s paper is available here (PDF) or in Transactions of the Alabama Historical Society, Volume IV (huge PDF).

Previous Parts: 1, 2, 3, 4

Jefferson Buford had requested donations to help fund his plan to colonize proslavery men in Kansas. The forty slaves he sold, which Fleming reports went for seven hundred dollars each, would only go so far. He really wanted money from Alabama, but he would take it from private hands and named William Lowndes Yancey the man to collect the cash. Over the course of February, he and others undertook a speaking tour to promote the effort. They cast their net, as one might expect from where Buford named his rendezvous points, across South Carolina, Georgia, and Alabama.

Buford’s speaking tour took him to Montgomery, where he made his case to the Alabama legislature in person. A representative from Wilcox County introduced a bill to give Buford $25,000, but the legislature in general proved less keen on the business. The bill died in committee. A Massachusetts man, William T. Merrifield of Worcester, had come to Montgomery just the day before. According to Eli Thayer’s A History of the Kansas Crusadehe got his news directly from legislators who saw the speech.

Mr. Merrifield came home immediately, fully impressed with the belief that we ought to protect our men from this section and send men enough there to counteract the designs of the pro-slavery raiders. He was thoroughly convinced, from what he had seen, that we could and ought to do it. Having in his mind the suggestion of steps to be taken, the next morning, after he arrived home, the first man he met on the street was Mr. Eli Thayer.

That sounds a little too neat, but Thayer also lived in Worcester and would have had frequent cause to come to the post office where the meeting took place. Merrifield told Thayer his idea and Thayer, already in the business of sending men and probably off-the-books guns to Kansas, decided to get right on it. Thayer went off to Boston at once, where he learned that he would have the cash he needed.

Eli Thayer

Eli Thayer

On the ninth of February, 1856, a meeting convened at the city hall. Thayer and S.C. Pomeroy gave speeches, which went over well enough that

before the audience left the hall twenty-three rifles, equivalent to the sum of $575 were subscribed for

Thayer himself pledged ten rifles, $25 each, provided that Worcester could get together the funds for another seventy-five within the week. They did better, outfitting 165 men with guns and ammunition. Two further meetings brought the cash total to north of fifteen thousand.

“The fiendish spirit by which they are governed” The Maltreatment of Reverend William C. Clark

Pardee Butler

Pardee Butler

We left the Reverend William C. Clark giving the Herald of Freedom his opinion of his late ordeal. The good Reverend had suffered at the hands of proslavery men, possibly including some members of the Kansas legislature. Like most of us who have had a rough handling, he liked it not one bit. Never in his life had he experienced such treatment, despite enjoying the company of everyone from New England Christians to “the savage Esquimaux”. He knew he had gotten off easier than he might have, with the example of Pardee Butler prominent in his mind, but that hardly constituted much in the way of consolation. In all likelihood, he would have had far worse if he hadn’t absconded from his ship ahead of schedule.

But Clark made it home to Massachusetts, where he took sick for a while but had since recovered. He hoped to return to Kansas “in March next.” In the interim, he aimed to “take the stump” for the territory and recruit antislavery settlers. Clark almost surely planned to do that anyway, but the chance to spite his attackers by living up to their idea of his goals probably didn’t hurt. Before he got to that, he wanted his readers to know that he had long preached peace. Clark still did, but

Peace principles are the best for all classes of men; but as to wild beasts, or the bipeds of Missouri, who walk upright, wear men’s clothes, vote for the people of Kansas, and hang around steamboats-nothing but Colt’s revolvers have any influence with them: hence the duty to have them on hand.

Charles Lawrence Robinson

Charles Lawrence Robinson

Here Clark anticipates Charles Robinson’s inaugural message. The proslavery men had passed beyond the pale and so no longer deserved the consideration one would normally grant a person. They had become something less than human, or at the very least no longer fit participants in the ordinary political process. On the second point, one struggles to disagree with Clark. They had eschewed the normal practices of nineteenth century politics almost from the very start.

Clark knew that his ordeal made a poor advertisement for Kansas: Come along to the land where ministers fear for their lives! You might just get lynched! The Reverend concluded with a few words to balance it all out:

I hope that no person who has had thoughts either of visiting or settling in Kansas, will be deterred by the above. The cheapest and safest way is to go out under the charge of the Emigrant Aid Co., in which case all would be perfectly safe. It is only when men are caught alone unarmed that such land pirates dare exhibit the fiendish spirit by which they are governed.

“It was only the outburst of Slavery’s Wrath” The Maltreatment of Reverend William C. Clark

Pardee Butler

Pardee Butler

The Reverend William C. Clark, aboard the steamboat Polar Star escaped from his first confrontation with proslavery men unscathed. They had a discussion about theology that drifted into the politics of territorial Kansas, wherein Clark defended the common ancestry of Indians, blacks, and whites. After getting clear of that, and noting how his fellow passengers had taken to pointing him out to one another, Clark spent the rest of the day in his cabin. He came out in the evening and some men tried to sweet talk him into an impromptu public lecture on his racial and political theories. Clark didn’t rise to the bait, expecting that if he had he would have found himself under arrest for inciting a slave revolt amongst the Polar Star’s stewards.

The next morning brought Clark new troubles. He gave up his seat to a lady and took a walk on deck. There he found “some twenty or thirty” discoursing about current (September, 1855) events in Kansas. Clark spoke up and they descended upon him. A man punched him in the face and a second swung into his side. The reeling reverend then took several more blows as the crowd called out for the murder of the “abolition son of a —–.”

The affray continued a few more moments. Clark

stepped back between the chimney and cabin, so as not to be favored with a dirk in my back, when the captain of the boat appeared, and, refusing to hear any explanation, ordered me to go to my state-room, and be ready to leave the boat at Providence, the next village below.

Clark would have to find some other way across half the width of Missouri to St. Louis and he would leave the Polar Star as a conspicuous antislavery man.

Nothing he could do about it. Clark went back to his cabin and seems to have remained there for some time. But he had no breakfast, having surrendered his seat to a lady, and decided he had to have some coffee.

I stepped from my stateroom to the table for a cup of coffee, where I was again assailed. An attempt was made to strike me with a chair, which I seized with my hands, and in the contest the chair was broken in pieces.

The captain intervened again, once more not accepting any explanation. He said stay in the stateroom and he meant it, end of story. Clark obliged, but considered the dangers facing him at Providence. He would arrive

with the marks of violence on my face, as slaves and their masters would be there in great numbers to ship and receive freight; and it was probable that the cry of “abolition Yankee” would follow me from the boat.

The good people of Providence lived in Boone County, which had 3,666 slaves in the 1850 census. Their owners could reasonably understand Clark as a threat and decide to take action. Clark took a powder at a woodyard ahead of Providence, absconding with valise in hand whilst the steamer took on fuel. He followed the river to a log house, where he explained himself and received a rather warmer welcome than he might have expected. He could just as well have gotten the Pardee Butler treatment.

Clark told the Herald of Freedom that he had gone about the world since his sixteenth year, mingling with “the pious and humble christian of New England to the savage Esquimaux of Labrador.” In all that time, he had

never before found a man who was so savage and brutal as to lay hands of violence on me and, what renders this case more savage, it was without any previous offence-the first blow that I received was as unexpected as a clap of thunder from a cloudless sky. But it was only the outburst of Slavery’s wrath, which had probably been gathering over my head from the moment when they found I was an Eastern man, a minister, travelling alone, and probably unarmed[…] The demons of slavery in Kansas seem to manifest more hatred toward anti-slavery ministers than any other class of men.

They feared the influence of the Gospel, Clark said. It would sway minds against slavery. Proslavery men had their own version of the Gospel that did no such thing, but slavery did require strict white solidarity to keep secure and proslavery partisans had molested ministers before. Clark raised Pardee Butler’s example by name, and also that of a Reverend Snyder, who “is tarred and feathered and rode on a rail.” To Clark, as well as the others, “they applied their soundest arguments in favor of slavery-fists, chairs, and slung shots.”

Southern History? It’s Complicated.

Gentle Readers, some time back an acquaintance of mine described my abiding interest in southern history. That didn’t sound quite right to me. I spend a fair bit of time studying the American South -mostly the ugly bits I admit- but when I name it for myself, I use “history”. The exact label doesn’t matter that much for my internal monologue, but I do aim for precision when asked by others. Depending on the context, I’ve told people that I study slavery, the nineteenth century, or the Civil War. I have lately moved away from the last one, as if one says one studies a war then one tends to get questions about battlefield tactics or other very explicitly military matters. I don’t object to that kind of question and, if it requires saying, accept that they have an important role in historical inquiry. But they don’t interest me as much as many other questions. None of my standard answers quite satisfy, but they get close enough for most conversations.

I never considered, until the acquaintance suggested it, calling the whole business southern history. I knew the term existed, but hadn’t until then connected it with my own efforts. I still don’t, which probably sounds either silly or thick-witted of me. I don’t spend hours reading books about the lumber industry in Maine, Puritan Massachusetts, or Michigan during the fur trade. The stars of my bookshelves owned people, wanted to, or suffered under the attentions of the previous. Their business most often takes place within the confines of the slave states of 1860, or very closely adjacent and directly connected to slave state concerns. One cannot get much more southern than all that, given how completely slavery marks the South out from the rest of the nation. Where slavery went, the South went. Where white supremacists rode by night, there you find the South. The beating heart of Dixie pulses with the blood of stolen lives.

Ulrich Bonnell Phillips

Ulrich Bonnell Phillips

If you grew up in the United States, you probably heard some version of that often enough. Study a little and you find Ulrich Bonnell Phillips telling you just the same. Southern history has a central theme: white supremacy. Most Americans from outside the region probably agree. They do things differently down there, if you know what we mean. This all has more than a whiff of the stereotypical crazed relative kept locked in the attic. We have a secret national shame which we dare not acknowledge, even if the whole world knows already.

The more I have thought on this, the more apt that stock character from an age less considerate of the mentally ill has seemed. The good family squirrels away the human disgrace, which cannot bear the light of day. Some people shun society willingly, probably all of us have now and then. But the stock character doesn’t hide up in the attic entirely out of choice. Rather the family put him of her up there, away from prying eyes and so conveniently unacknowledged. We have a perfectly normal, healthy family, and you can’t prove otherwise.

A fair observer of all this might suspect that we have tried too hard to make the case. Crazed relations don’t just fall from the sky; they grew up somewhere. Someone put them in the attic or, in later decades, had them committed. Who else but family? Stock characters don’t go around locking up someone else’s relations to spare them the stigma of mental illness. They do it for themselves. In confining their relatives, they push the whole of the burden on the afflicted. If something went wrong, it went wrong with that person, there. It has nothing to do with us. Look all you will, you will find no hint of strangeness about us.

Stock characters don’t know their genetics or any of the other ways someone can end up ill. They don’t know much history either, except maybe a handed-down story about how now and then you get one of those sorts. But they know, at least implicitly, that if you get too close then the crazy might rub off on you. Often it already has. Our families don’t necessarily define us, but they try awfully hard.

De Tocqueville could sail down the Ohio river and see enslaved dock workers on one side, free on the other, and imagine a vast rift separated them. I wouldn’t try to leap or swim the Ohio myself, and not only because I do better at drowning than floating, but his chasm tells only half the story. The distinctions between North and South deserve consideration, both on their own and as expressions of their principle source: slavery. No one can fairly look at the United States and say they have found uniformity. We really do have different ways of doing things.

De Tocqueville’s Ohio separated the sections, but it also linked them. Farm products from the Midwest flowed down the Ohio to their markets. Southerners from Kentucky, including the Lincolns, moved across the same river to occupy the opposing shore. There they remained a powerful constituency, powerful enough to nearly make Illinois a slave state. They supported northern politicians who tilted South and constituted a significant check on the Republican party’s electoral success. The Grant Not-Yet-Old Party knew it had no hope in the South, so winning the White House required a great deal of support in the border North. Most of the butternut districts might have voted Democrat anyway, but their strength meant that the party needed a candidate with a more moderate reputation than party stalwarts of national standing, like William Henry Seward. The homely guy from Illinois worked out pretty well.

This story doesn’t end in 1860 or 1865. The first Klan, and allied groups, murdered and terrorized their way across the South to fight black equality even in the limited form tolerable to most nineteenth century whites in the North. When black Americans left the region of their birth, as much refugees as immigrants, they came North to cities with factories hungry for labor. Many of the children and grandchildren of idealistic abolitionists, as well as newer white arrivals, didn’t like that one bit and consequently signed on for the second Klan. That national organization had little trouble finding recruits outside the South and for a time controlled the government of Indiana. In many places, near enough every white man joined up. Did all those communities, and the state of Indiana, join the South for a while?

The Civil War and the Civil Rights Movement punctuate Southern history. They set the section apart from the rest of the nation. Those things happened down there, involving those people. Then the rest of us knocked some heads together and it all worked out. Integration for everyone. It all sounds plausible enough, if you leave out the rest of the nation. If a generation of civil rights activists suffered losses, many of them tragic, then they had some wins too. When the movement swung north those dried up fast. My own state, Michigan, successfully defended segregation before the Supreme Court. White Bostonians rioted against the possibility of their children sharing a classroom with black children in the 1970s, not the 1850s. By that point, Southerners had done most of their rioting on the subject and restored segregation through private schools. And I don’t see southern states going out of their way to poison majority-black cities.

If we take white supremacy, or even just especially virulent and unrepentant white supremacy, as the defining trait of the South then we have a real problem. We have the South, sure enough, but on a fair examination it might take us a long time to find the North. We might not find it at all. With this in mind, I think that calling the subject Southern history gets close to the truth, but so close that one can miss the forest for all the damned trees in the way. Places outside the South’s traditional bounds do differ, but not nearly so much as those traditional distinctions might lead us to believe. Southern history is American history.

The State of the Union in 1855: A History of Aggressions

Franklin Pierce

Franklin Pierce

We left Franklin Pierce declaring that everything in the United States had gone perfectly well until those dirty abolitionists stirred up sectional discord by breaking faith with the constitutional compact. They had responsibilities to return slaves who dared steal themselves. They organized to disrupt slavery in the South. They replaced sectional comity with meddling impositions. Had such a thing happened between two nations, they would have already come to blows. By contrast, the South behaved in an exemplary fashion, its traditional constitutional scruples intact.

In putting the entire burden of sectional strife on the North, Pierce knew he went against many of his fellow Yankees. They could point to sectional aggression from the slave states going back down the entire history of the Republic. Having chosen antislavery Americans as his debating partners, Pierce took them on all down the line:

the States which either promote or tolerate attacks on the rights of persons and of property in other States, to disguise their own injustice, pretend or imagine, and constantly aver, that they, whose constitutional rights are thus systematically assailed, are themselves the aggressors. At the present time this imputed aggression, resting, as it does, only in the vague declamatory charges of political agitators, resolves itself into misapprehension, or misinterpretation, of the principles and facts of the political organization of the new Territories of the United States.

The president wouldn’t quite say that antislavery Americans lied their way through politics, any more than he would call out William Walker by name, but he made his meaning clear. To prove the point, he turned to “the voice of history.” All the way back to the Northwest Ordinance, Pierce averred, the South had yielded to the North. Virginia gave up “that vast territory,” now five of the larger states, to freedom. That a large territory south of the Ohio river remained enslaved did not enter into it. Nor did the conflicting claims of various other Connecticut and Massachusetts, decidedly not southern states, deserve consideration. This would have come as a surprise to the people of Connecticut, who maintained their ownership of a section of modern Ohio until 1800. Neither of the two northern states claimed the whole of the future Northwest Territory, but together their claims covered a large portion of it. If Virginia yielded up her territory, then they did no less.

Pierce then moved to Louisiana, insisting that the entire nation gained from it. The abolitionists needed only look at a map to see that the Louisiana Purchase narrowed down to almost nothing on its southern end, but widened dramatically as one steamed up the Mississippi. Furthermore, securing New Orleans ensured the commercial health of the Northwest. Thomas Jefferson bought the land for that express purpose. Pierce has a point here, but even he acknowledges that in terms of development, the Purchase skewed heavily southern.

No map could save the acquisition of Florida; you can’t get much more southern than the Sunshine State. Pierce justified it as a land swap. The United States surrendered claims to territory west of the Mississippi in exchange for it. In doing so, the Union secured its coastal commerce and security. Both sections won, even if Florida clearly would do no other than join the South.

This brought events up to the Missouri Controversy, which Pierce cast as more antislavery imperialism. The Northwest Ordinance had prohibited slavery, but it did not apply to the Louisiana Purchase. According to Pierce, the letter of the law permitted slavery west of the Mississippi all the way up to Canada. The North would not accept that and “the zeal of social propagandism” demanded concessions from the poor South. As such, the slave states nobly accepted a new slavery ban extending to states that did not then yet exist in exchange for retaining slavery in Missouri and Arkansas. The free states received that sacrifice on their behalf

with angry and resentful condemnation and complaint, because it did not concede all which they had exactingly demanded.

On paper, the North might look like a sore winner back in the 1820s. While the section lost Missouri, it gained almost the whole remainder of the Louisiana Purchase. But that additional territory failed to rush into the Union. Lands so empty,and so long remaining empty, of white settlement amounted to a meager victory indeed. Pierce rightly noted that antislavery Americans took the Missouri Compromise as a defeat. This all made for some deep irony when free soilers a generation so cherished the settlement, but they had that same generation to live with it and faced more radical proslavery advances than their fathers had. In 1819-20, the slave power demanded slavery remain where it already existed. In the 1850s, it spread slavery to places where the law had banned the institution.