Rakoff's REVOLUTIONARIES Sheds Light on the Role of Slavery in the Founding Era
Prof. Jack Rakoff's latest book, REVOLUTIONARIES, lays to rest a misinterpretation of the Constitutional Convention that the great compiler Prof. Max Farrand introduced in THE FRAMING OF THE CONSTITUTION OF THE UNITED STATES (Yale Univ. Press, 1913, p.110): "In 1787, slavery was not the important question, it might be said that it was not the moral question that it later became." Rakoff devotes 17 index entries directly to slavery (p. 484), showing that the southern colonies were concerned about the issue at least since 1772 when Lord Mansfield held slavery, in Somerset v. Stewart, "so odious" it could not exist in England.
As my late wife Ruth and I wrote in SLAVE NATION: HOW SLAVERY UNITED THE COLONIES AND SPARKED THE AMERICAN REVOLUTION (2005) (hereafter "SN") Somerset's case was an important aspect of Virginia's takeover of revolutionary activities in 1773, by calling for Committees of Correspondence among the colonies. Rakoff is the first of the leading contemporary historians to recognize Somerset's role leading to the revolution.
Confirming his point about the importance of slavery at the Convention, Rakoff cites Madison's pronouncements that slavery was the major interest that split the northern and southern states concerning representation in the two-branch legislature (p 371). Rakoff concludes that Madison's view "confirmed that the supposed conflict between large and small states was only a passing threat to the politics of the convention, not a permanent one threatening the stability of the union." (p 372).
Rakoff did not examine how the north-south conflict over slavery was resolved. During the deadlock over slavery, five southern delegates to the Continental Congress sitting in New York, four of whom were also members of the Convention, rode from Philadelphia to New York, making a quorum in Congress and enabling the enactment of the Northwest Ordinance that prohibited slavery north of the Ohio River, an area that later encompassed Illinois, Ohio, Indiana, Michigan, Wisconsin and part of Minnesota. Four slave states changed their position to support the ordinance. (SN, 209-210).
When news of the passage of the Northwest Ordinance reached the Convention on July 15 or 16, northern states no longer feared that southern control of the Federal Government, by counting slaves as 3/5 of a voter, would extend slavery throughout the nation. As a result, the northern states relaxed their insistence on equal votes in both houses of the legislature, and joined in the "Connecticut Compromise." (SN 157-244). See also Lynd, Class Conflict (1966, pp. 153-213) and SN 213-216 & fn 51, p. 307). The Northwest Ordinance was "enforced" by land speculators who warned potential slave owners to avoid settling in the NW territory. Their success helped create a slave free area where a Lincoln could emerge, and in which a Virginian - Edward Coles - could free his slaves and, as Governor of Illinois, protect the Ordinance against slave owning interests. Thus the "political settlement" that Prof. Rakoff recognized as flowing from Madison's comment that the slavery issue dividing the union could be resolved by compromise was achieved, and 74 years later became a foundation of the Civil War.
Prof. Rakoff is to be congratulated for emphasizing the discussion of the revolutionaries' views on slavery and clarifying slavery's central role in our national history.
Al Blumrosen, Thomas A. Cowan Prof. of Law Emeritus, Rutgers Law School
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