Slave Nation (42 page)

6
. E. B. Washburne,
Sketch of Edward Coles
, 21–31

7
. Alexis de Tocqueville,
Democracy in America
, Vol. 1 (New York: Vintage Books, 1990) 361

8
.
Dred Scott v. Sandford
, 60 U.S. 691, 15 L. Ed. 691(1857). For a full discussion, see Fehrenbacher,
Dred Scott Case

9
.
Dred Scott v. Sandford
, 60 U.S. 691, 15 L. Ed. 691 at 701-02(1857).

10
. Associate Justices Campbell and Daniel supporting Taney’s opinion, did refer to
Somerset
in a dismissive tone. See Fehrenbacher,
Dred Scott Case
, 396–400

11
. Freehling.
Road to Disunion
, Part VI

12
. Swayne Wagner,
The Ordinance of 1787 and the War of 1861
(New York: C. B. Burgoyne, 1892) 79. Address before the New York Commandery of the Military Order of the Loyal Legion

13
. Alan T. Nolan,
The Iron Brigade: A Military History
(Bloomington: Indiana University Press, 1961). James M. McPherson,
Battle Cry of Freedom: The Civil War Era
(New York: Ballantine Books,1988) 654–63; James M. McPherson,
What They Fought For: 1861–1865
(New York: Doubleday, 1995)

14
. Richard Moe,
The Last Full Measure: The Life and Death of the First Minnesota Volunteers
(New York: Henry Holt & Co, 1993) 258–97; James J. McPherson,
Battle Cry of Freedom: The Civil War Era
(New York: Ballentine Books, 1988) 660

15
. Edward C. Longacre,
Custer and His Wolverines: The Michigan Cavalry Brigade, 1861–1865
(Conshohocken, PA: Combined Pub. Co., 1997) 151–3

16
. Jean Edward Smith,
Grant
, (New York: Simon & Schuster, 2001) 21–2

17
.
http://americancivilwar.com/colored/histofcoloredtroops.html

18
. Hubert H. Humphrey,
The Education of a Public Man
(Doubleday, 1976) 459. The speech was given to the Democratic Party Convention in Chicago, July 14, 1948 (458). This was 161 years and one day after the adoption of the Northwest Ordinance, and the 159th anniversary of the fall of the Bastille in Paris.

19
. Charles Whalen and Barbara Whalen,
The Longest Debate: A Legislative History of the 1964 Civil Rights Act
(Washington, DC: Seven Locks Press, 1985).

20
.
Griggs v. Duke Power Co
., 401 U.S. 424, 429-430 (1971). The Chief Justice held that “The objective of Congress in the enactment of Title VII is plain from the language of the statute. It was to achieve equality of employment opportunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees. Under the Act, practices, procedures, or tests neutral on their face, and even neutral in terms of intent, cannot be maintained if they operate to ‘freeze’ the status quo of prior discriminatory employment practices.”

21
. The plan reads: Philadelphia, 26 October, 1789. A Plan for improving the condition of the Free Blacks. The business relative to Free Blacks shall be transacted by a committee of twenty-four persons, annually elected by ballot, at the meeting of this society in the month called April; and in order to perform the different services, with expedition, regularity, and energy, this committee shall resolve itself into the following sub-committees, viz. I.) A committee of inspection, who shall superintend the morals, general conduct, and ordinary situation of the Free Negroes, and afford them advice and instruction, protection from wrongs, and other friendly offices. II.) A committee of guardians, who shall place out children and young people with suitable persons, that they may (during a moderate time of apprenticeship, or servitude) learn some trade or other business of subsistence. The committee may effect this partly by a persuasive influence on parents, and the persons concerned; and partly by cooperating with the laws which are, or may be enacted for this, and similar purposes; in forming contracts on these occasions, the committee shall secure to the society, as far as may be practicable, the right of guardianship, over the persons so bound. III.) A committee of education, who shall superintend the school-instruction of the children, and youth of the Free Blacks; they may either influence them to attend regularly the schools already established in this city, or form others with this view; they shall in either case provide that the pupils may receive such learning as is necessary for their future situation in life; and especially a deep impression of the most important, and generally acknowledged, moral and religious principles. They shall also procure and preserve a regular record of the marriages, births, and manumissions of all Free Blacks. IV.) A committee of employ, who shall endeavour to procure constant employment for those Free Negroes who are able to work, as the want of this would occasion poverty, idleness, and many vicious habits. This committee will, by sedulous enquiry, be enabled to find common labour for a great number; they will also provide that such as indicate proper talents may learn various trades, which may be done by prevailing upon them to bind themselves for such a term of years as shall compensate their masters for the expense and trouble of instruction and maintenance. The committee may attempt the institution of some useful and simple manufacturers, which require but little skill, and also may assist in commencing business, such as appear to be qualified for it.

22. Nash,
Race and Revolution
, 28–30

23
. Finkelman, “Slavery and the Constitutional Convention”

24
. Freehling,
Road to Disunion
, 121–31

25
. Leviticus 19:34, 24:22

26
. Hubert Humphrey anguished before he made his speech to the Democratic Convention which split the Democratic Party over the race issue. Hubert H. Humphrey,
The Education of a Public Man
(Doubleday, 1976) 112–13.

27
. “Jefferson to John Holmes, April 22, 1820,” in Foner,
Basic Writings of Thomas Jefferson
, XV 248-50

28
. “Jefferson to Roger C. Weightman, June 24, 1826,” Andrew Lipscomb and Albert Bergh, Eds.,
Writings of Thomas Jefferson
Vol. XVI (Washington, DC: Publisher, 1903) 181–82. The source of this phrasing is discussed in Ellis,
American Sphinx
, 289, and Maier,
American Scripture
, 125 28. Commager,
Documents of American History
, 488–9

29
. Lincoln’s speech to the Republican Convention in June, 1858.
www.nationalcenter.org/HouseDivided.html

The phrase derives from “If a house be divided against itself, that house cannot stand” (Mark 3:25).

30
. Madison,
Federalist
14

31
.
http://www.lbjlib.utexas.edu

32
.
Metro Broadcasting v. FCC
, 497 U.S. 547, 612 (1990)

33. A statistical study of intentional job discrimination found that eight million minorities and women had benefited from the equality principle in employment between 1975–1999, beyond that which would have occurred under the employment patterns of 1975, and that two million minorities and women were affected by intentional job discrimination in 1999. Alfred W. Blumrosen and Ruth G. Blumrosen,
The Realities of Intentional Job Discrimination in Metropolitan America
. 1999, at EEO1.com and at
http://law.newark.rutgers.edu/blumrosen-eeo.html
; Alfred W. Blumrosen and Ruth G. Blumrosen, “Intentional Job Discrimination: New Tools for Our Oldest Problem,” 37
University of Michigan Journal of Law Reform
(2004) 681–703

Adams, John

at the First Continental Congress, 74–97, 101–5, 115–8

background, 27, 29, 73

compared to Jefferson in early years, 27–9

correspondence with Jefferson, 88–92, 95–7

defends British troops in Boston Massacre, 20

on colonial rights as Englishmen vs. natural rights concept, 101, 104–6, 109, 118

on history and historians, 95–7

on revolution, 28, 31, 38, 76, 81, 101

on slavery, 85-87, 89, 90–1, 92, 221

taxation without representation, 18

Adams, Samuel, 18, 53, 73

compared to John Adams, 73–4

Affirmative Action

Benjamin Franklin in 1789, 253–4, 261–2

Lyndon Johnson in 1965, 261–2

Andrews, Charles, 63

Articles of Confederation

anti-
Somerset
clause in, 152–5, 215

Dickinson draft giving general powers, 145–9, 150

powers of Congress limited, 147–9, 164

weakness of, 158–9, 171–2

Banning, Lance, 184, 230

Beard, Charles, 217

Blackstone, William, 6

Commentaries on the Law of England, 6

Bland, Richard, 49, 126, 136

Boston Tea Party, 67, 76, 80

Bowen, Catherine Drinker, 226

Breen, T. H., 35

Brookhiser, Richard, 92, 197

Burke, Thomas, 148

Burnett, Edward Cody, 93

Civil Rights Act of 1964, 261

Civil War, 245, 250–2

Coercive Acts of 1774, 100-101, 108

Coles, Edward, 246–8

Constitutional Convention of 1787, 172–202, 226–39

compromise conceived in Philadelphia, 203–22

effect of adoption of Northwest Ordinance on, 225–30

Patterson Plan, 174–6

related to Continental Congress in New York, 225

Virginia plan, 172–4

Court of King’s Bench, 6, 31

Cutler, Manasseh, 184, 204, 212, 236-238

Dane, Nathan, 203-205, 206-209, 211

Davy, William, 7

Declaration of Independence, 124–5, 131–43, 257, see also Thomas Jefferson, Declaration of Independence

Declaration of the Rights of the Colonies in 1774, 103, 117

Article IV, 104-105, 107-108, 115

independence from Parliament declared in Art IV, 103–9 British reaction, 106–7

Declaratory Act of 1766, 19, 21, 30, 36, 69, 110, 142 Dickinson, John, 20, 82, 145-146, 150

Draper, Theodore, 51, 68-69, 109

Dred Scott
decision, 249–50

Dunmore, Lord, 121-123, 141

Elkins, Stanley, 43

Ellis, Joseph, 45, 92, 130

Ellsworth, Oliver, 176-177

Fehrenbacher, Donald, 94

Ferling, John, 54

Fielding, Sir John, 3-4

Finkelman, Paul, 214, 216, 255

First Continental Congress, 73–119

Adams-Rutledge draft claiming independence from Parliament, 103–6

Galloway Plan, 111–15, 118

Franklin, Benjamin, 18, 175-176, 182-183, 189-192, 243, 253, 262

Thomas Hutchinson’s letters to Massachusetts, 52–4, 81

at Constitutional Convention, 175–6, 182–3, 189–92

minimizes
Somerset
decision as too limited, 12–3

on affirmative action, 253–4

Freehling, William W., 255

Gadsden, Christopher, 84-85, 101

Galloway, Joseph, 77, 81-82, 101, 111-118, 146-147

Gaspee
affair, 61-63

George III, King of Great Britian

blamed for abuse in Declaration, 136, 140–2

upset over 1774 Declaration of Independence from Parliment, 106–7

Gipson, Lawrence Henry, 109

Greene, Jack, 21, 194, 219

Grigsby, Hugh Blair, 84

Hamilton, Alexander, 197

Henderson, H. J., 169

Henretta, James, 25-26, 47

Henry, Patrick, 43, 49, 50, 113-114, 121

Higginbotham, A. Leon, 142-143

Hildreth, Richard, 21

Historians

identify calm or pause in revolutionary feeling in colonies between 1770 and 1773, 20

minimize role of
Somerset
decision, 35

minimize importance of
Gaspee
incident, 63

minimize John Adams’s statement of concurrence with “southern gentlemen,” 92

say slavery unimportant 1770–74 period, 94–5

minimize role of declaration of independence from Parliament, 109

view of “tacit” approval of southern slavery in prohibition of slavery in the northwest, 163, 212

Adams’s and Jefferson’s views on history and historians, 95–6

differing views of historians on the role of slavery in the Constitutional Convention, 187

Hutchinson, Thomas, 18, 29–30, 52–4, 80–1

Isaac, Rhys, 270

Isaacson, Walter, 175, 189, 192

Jay, John, 113, 147

Jefferson, Thomas

ambiguity used to avoid negative reactions against “born free” language in Mason’s draft of the Virginia declaration of rights, 132–43

background, 27, 29-30

Declaration of Independence, 124-125, 128, 131-133, 138-139, 142

on revolution, 28, 31, 49

on slavery, 42, 90-91, 136-137, 139-141, 161-163, 246-248, 257

refusal to condemn slavery when prompted by Edward Coles letter, 247

Summary View, 40, 44, 136

support for ending of international slave trade as distinct from slavery itself, 44

taxation without representation, 18

Jensen, Merrill, 109

King, Rufus, 163, 165-167, 177, 195, 200, 206

Lafayette, Marquis de, 97

Laurens, Henry, 149

criticism of
Somerset
decision, 22–4

views of slavery, 23–4, 150–1

Lee, Richard Henry, 18, 41, 212

at the Constitutional Convention in 1787, 192–7

at the First Continental Congress, 113–4

early opposition to slavery, 42–3

forms friendship with John Adams, 83

moves the Declaration of Independence, 124

on slavery, 42, 127

supports call for committees of correspondence, 49

votes on land ordinances of 1784, 1785, and the Northwest Ordinance, 161, 204–7, 209, 210

Lincoln, Abraham, 221, 246, 258

Lindsey, Dido Elizabeth, 8

Lynd, Staughton, 94, 213