The Founding Fathers and Slavery

Although many of the Founding Fathers acknowledged that slavery violated the core American Revolutionary ideal of liberty, their simultaneous commitment to private property rights, principles of limited government, and intersectional harmony prevented them from making a bold move against slavery. The considerable investment of Southern Founders in slave-based staple agriculture, combined with their deep-seated racial prejudice, posed additional obstacles to emancipation.

In his initial draft of the Declaration of Independence, Thomas Jefferson condemned the injustice of the slave trade and, by implication, slavery, but he also blamed the presence of enslaved Africans in North America on avaricious British colonial policies. Jefferson thus acknowledged that slavery violated the natural rights of the enslaved, while at the same time he absolved Americans of any responsibility for owning slaves themselves. The Continental Congress apparently rejected the tortured logic of this passage by deleting it from the final document, but this decision also signaled the Founders’ commitment to subordinating the controversial issue of slavery to the larger goal of securing the unity and independence of the United States.

Nevertheless, the Founders, with the exception of those from South Carolina and Georgia, exhibited considerable aversion to slavery during the era of the Articles of Confederation (1781–89) by prohibiting the importation of foreign slaves to individual states and lending their support to a proposal by Jefferson to ban slavery in the Northwest Territory. Such antislavery policies, however, only went so far. The prohibition of foreign slave imports, by limiting the foreign supply, conveniently served the interests of Virginia and Maryland slaveholders, who could then sell their own surplus slaves southward and westward at higher prices. Furthermore, the ban on slavery in the Northwest tacitly legitimated the expansion of slavery in the Southwest.

Despite initial disagreements over slavery at the Constitutional Convention in 1787, the Founders once again demonstrated their commitment to maintaining the unity of the new United States by resolving to diffuse sectional tensions over slavery. To this end the Founders drafted a series of constitutional clauses acknowledging deep-seated regional differences over slavery while requiring all sections of the new country to make compromises as well. They granted slaveholding states the right to count three-fifths of their slave population when it came to apportioning the number of a state’s representatives to Congress, thereby enhancing Southern power in the House of Representatives. But they also used this same ratio to determine the federal tax contribution required of each state, thus increasing the direct federal tax burden of slaveholding states. Georgians and South Carolinians won a moratorium until 1808 on any Congressional ban against the importation of slaves, but in the meantime individual states remained free to prohibit slave imports if they so wished. Southerners also obtained the inclusion of a fugitive slave clause (see Fugitive Slave Acts) designed to encourage the return of runaway slaves who sought refuge in free states, but the Constitution left enforcement of this clause to the cooperation of the states rather than to the coercion of Congress.

Although the Founders, consistent with their beliefs in limited government, opposed granting the new federal government significant authority over slavery, several individual Northern Founders promoted antislavery causes at the state level. Benjamin Franklin in Pennsylvania, as well as John Jay and Alexander Hamilton in New York, served as officers in their respective state antislavery societies. The prestige they lent to these organizations ultimately contributed to the gradual abolition of slavery in each of the Northern states.

Although slavery was legal in every Northern state at the beginning of the American Revolution, its economic impact was marginal. As a result, Northern Founders were freer to explore the libertarian dimensions of Revolutionary ideology. The experience of Franklin was in many ways typical of the evolving attitudes of Northern Founders toward slavery. Although enmeshed in the slave system for much of his life, Franklin eventually came to believe that slavery ought to be abolished gradually and legally. Franklin himself had owned slaves, run ads in his Pennsylvania Gazette to secure the return of fugitive slaves, and defended the honour of slaveholding revolutionaries. By 1781, however, Franklin had divested himself of slaves, and shortly thereafter he became the president of the Pennsylvania Abolition Society. He also went further than most of his contemporaries by signing a petition to the First Federal Congress in 1790 for the abolition of slavery and the slave trade.

Unlike their Northern counterparts, Southern Founders generally steered clear of organized antislavery activities, primarily to maintain their legitimacy among slaveholding constituents. Furthermore, while a few Northern and Southern Founders manumitted a small number of slaves, no Southern plantation-owning Founder, except George Washington, freed a sizeable body of enslaved labourers. Because his own slaves shared familial attachments with the dower slaves of his wife, Martha Custis Washington, he sought to convince her heirs to forego their inheritance rights in favour of a collective manumission so as to ensure that entire families, not just individual family members, might be freed. Washington failed to win the consent of the Custis heirs, but he nevertheless made sure, through his last will and testament, that his own slaves would enjoy the benefit of freedom.

Washington’s act of manumission implied that he could envision a biracial United States where both blacks and whites might live together as free people. Jefferson, however, explicitly rejected this vision. He acknowledged that slavery violated the natural rights of slaves and that conflicts over slavery might one day lead to the dissolution of the union, but he also believed that, given alleged innate racial differences and deeply held prejudices, emancipation would inevitably degrade the character of the republic and unleash violent civil strife between blacks and whites. Jefferson thus advocated coupling emancipation with what he called “colonization,” or removal, of the black population beyond the boundaries of the United States. His proposals won considerable support in the North, where racial prejudice was on the rise, but such schemes found little support among the majority of Southern slaveholders.

When the last remaining Founders died in the 1830s, they left behind an ambiguous legacy with regard to slavery. They had succeeded in gradually abolishing slavery in the Northern states and Northwestern territories but permitted its rapid expansion in the South and Southwest. Although they eventually enacted a federal ban on the importation of foreign slaves in 1808, the enslaved population continued to expand through natural reproduction, while the growing internal domestic slave trade led to an increase in the tragic breakup of enslaved families.