[Pg. 18]
The constitution of 1792 had scarcely gone into effect
when it was assailed on all sides.1
There was dissatisfaction with the method of
electing the governor and the state senators.2
There were objections to the limitations placed upon
local government and to the arbitrary powers given
the sheriff.3 Still another demand
for constitutional reform came from the anti-slavery
element, which was encouraged by the strong
fight in 1792 and soon went forward with renewed
efforts.4
As was to be expected, the anti-slavery element found
ready expression through the religious organizations
of the state. The Baptists, the Presbyterians,
and the Methodists, the leading denominations in
Kentucky, were the only denominations to take any
considerable part in the slavery controversy before
1850. The Friends, whose opposition to slavery
is proverbial, although not so numerous in Kentucky
as in the adjacent states, contributed indirectly to
the cause of anti-slavery. The Roman
Catholics, the Episcopalians, the Disciples
(Christians), and the Cumberland Presbyterians did
not figure largely in the slavery agitation.
------------------------
1 For a
number of years after the adoption of the
constitution of 1792, the slave code of Virginia
continued to be used in Kentucky. It was
gradually superseded, however, by special laws, the
first of which, regulating all dealings with and the
method and procedure of the trial of slaves, were
passed during the first session of the legislature.
Littell: Vol. 1, pp. 120, 157-8. Two years
later, provisions were made for the regulation of
the importation and the emancipation of slaves
{Ibid., p. 246) and finally, in 1798, the several
acts concerning
slaves, free Negroes, Mulattoes, and Indians,
together with a number of additional enactments,
were consolidated into one code, which did not
differ materially from the codes of Virginia and the
other slave States. (Ibid., Vol. II, pp. 113-23).
Although severe in many respects,
its provisions were generally interpreted and
applied very liberally. This was especially true of
the law regulating voluntary emancipation, first
passed in 1794, by which any person, by his last
will or testament, or any other instrument in
writing that was properly attested and
approved in the county court by two witnesses was
permitted to emancipate his slave or slaves.
The court was given full power to demand bond and
sufficient security of the emancipator for the
maintenance of any slave that might be aged or
infirm either in body or in mind in
order to prevent his becoming a charge to the
county. (Ibid., p. 246f; Vol.11, pp. 119-20).
This large discretionary power was exercised with
great moderation and the provisions of the act
liberally construed by the courts. The Supreme
Court of Kentucky in 1829 decided that a slave might
be emancipated by any instrument in writing; it was
not even necessary that it be sealed and recorded,
although it might be if the holder wished it. (2 J.
J. Marshall, pp. 223ff). This decision was
reaffirmed the following year. (4 J. J. Marshall, p.
104f.)
2 Carl Schurz: "Life of Henry Clay," Vol. 1,
p. 27; Butler: "History of Kentucky," p. 280; The
Mirror, Feb. 10, 1798.
3 R. H. Collins: "History of Kentucky," p.
61; The Mirror, Feb. 10, 1798.
4 Butler: "History of Kentucky," p. 280;
Schurz: "Life of Henry Clay," Vol. 1, p. 27; The
Mirror, March 24, 1798.
[Pg. 20]
As early as 1788, the Baptist church took a stand on
the anti-slavery question.5 At the
annual meeting in Goochland County, in this year,
the subject was first introduced in the Baptist
General Committee of Virginia, which embraced at
this time the district of Kentucky.
After being discussed at some length, the question
was finally deferred till the next annual meeting,
in order to give the members more time to
deliberate, and to consult with the ministers and
the churches in the various parts of the state.
At this next meeting, which assembled at Richmond,
it was resolved, "That slavery is a violent
deprivation of the rights of nature, and
inconsistent with a Republican Government, and
therefore we recommend it to our brethren, to make
use of every legal measure to extirpate this horrid
evil from the land, and pray Almighty God that our
honorable legislature may have it in their power to
proclaim the Great Jubilee, consistent with the
principles of good policy."6
This expression of sentiment is significant not only
because the church took a strong and advanced
position on the question, but also because it was
one of the first explicit declarations in favor of
the abolition of slavery issued by any religious
society in the South.
This attitude was reflected by the Baptists of the
District of Kentucky when, in 1789, the Baptist
Church at Rolling Fork, in Nelson County, propounded
to the Salem Association, of which it was a member,
the query, "Is it lawful in the sight of God for a
member of Christ's Church to keep his fellow
creatures in perpetual slavery?" The
Association declined to answer the question on the
ground that it was "improper to enter into so
important and critical a matter at present."
There upon, the Rolling Fork Church, by an almost
unanimous
vote, withdrew from the Association.7
At about the same time the church at Lick Creek, one
of the strongest in the state, became divided on the
question of slavery and was denied a seat in that
Association until the difficulty should be settled.8
At its annual meeting in 1791, the Elkhorn
Association appointed a committee to draw up a
declaration on the subject of "Religious Liberty and
Perpetual Slavery," and the following year
------------------------
5 In the absence of a central organization
to prescribe rules for the government of the entire
body of members, the churches were grouped into
associations through which certain general objects
were accomplished. As it was customary for the
associations to express
opinions on matters of general interest, it is
through them that we may expect to discover the
attitude of the churches of this denomination toward
the institution of slavery.
6 R. B. Semple: "History of the Virginia
Baptists," p. 79; J. H. Spencer: "History of the
Kentucky Baptists," Vol. 1, p. 183.
7 Spencer: "History of the Kentucky
Baptists." Vol. 1. p. 184, Vol. 2, pp. 47. 48, 49.
8 Ibid.. Vol. 1, p. 184.
[Pg. 20]
adopted the report of the committee, pronouncing
slavery in consistent with the principles of the
Christian religion. Inasmuch, however, as the
individual churches disapproved of the act, the
Association recalled the memorial at a special
meeting in December of the same year, a meeting
probably assembled for that purpose.9
About the same time, John Sutton and
Carter Tarrant organized in Woodford
County a Baptist congregation avowedly opposed to
slavery under the name of the New Hope Church.
This, Taylor, in his "History of the Ten
Churches," pronounces the first emancipation church
in America.10
For several years the question of slavery continued to
agitate the individual churches of Kentucky, but the
associations assumed an attitude of non-interference
and took no action on the matter. In many of
the churches emancipation parties were formed, whose
adherents declared slaveholding contrary to the
principles of their religion and refused to commune
with those practicing it. Because the Salem
Association refused to pronounce slavery an evil,
Mill Creek Church in Jefferson County withdrew in
1794. Under the leadership of Joshua
Carmen and Josiah Dodge, the
dissatisfied members of Cox's Creek, Cedar
Creek, and Lick Creek Churches formed an in
dependent church, whose members refused to
commune with slaveholders.11
Carmen and Dodge were soon joined by the
venerable William Hickman, one of the
pioneers of Kentucky and probably the most
influential Baptist preacher in the state before
1800, likewise by John Sutton,
Carter Tarrant, Donald Holmes,
David Barrow, Jacob Griggs,
George Smith, and other ministers.12
Many ministers openly preached emancipation from the
pulpits, sometimes even in the presence of slaves.
For this they were bitterly assailed, since it was
maintained that the promulgation of such doctrines
would tend to cause insubordination among the slaves
and thereby disturb the peace of society.
In the Methodist Episcopal Church the anti-slavery
sentiment was very pronounced. Its General
Conference declared in 1780 that slavery was
"contrary to the law of God, man, nature, and
hurtful to society; contrary to the dictates of con-
------------------------
9 Spencer: "History of the Kentucky
Baptists," Vol. 1, p. 184.
10 John Taylor: "History of the Ten
Churches, 1823," pp. 79-81. See also Spencer:
"History of the Kentucky Baptists," Vol. 1, p. 186.
11 Spencer: "History of the Kentucky
Baptists," Vol. 1, pp. 163, 184, 187; Vol. II, pp.
97, 107; David Benedict: "History of the Baptist
Denomination," Vol. II, p. 246.
12 Spencer: "History of the Kentucky
Baptists," Vol. 1, p. 185, Vol. II, pp. 152, 186,
188; Taylor: "History of the Ten Churches," pp.
79-81.
[Pg. 21]
science, and pure religion, and doing that which we
would not others would do unto us and ours."13
The Conference of 1784, which organized the new
independent church in America, not only concurred in
this opinion but by stringent regulations at tempted to
limit and control slave-holding within the church.
A provision was incorporated in the discipline which
required every slaveholder within the society, within
twelve months after notice to "legally execute and
record an instrument whereby he emancipates and sets
free every slave in his possession."14
Slaves of a certain age were to be set free within a
certain period, in such a way as to provide a gradual
emancipation. These rules were to apply only
in so far as they were consistent with the laws of the
states in which the slaveholder resided, and the
Virginia brethren, in particular, were given two years
in which to consider the rules.15 While
the Conferences of 1796 and 1800, largely as a result of
the opposition of the southern churches, where legal
obstruction to manumission prevented the enforcement of
the strong rules regarding slavery, somewhat relaxed the
discipline of the church in this respect, the continuing
interest of the Methodists in furthering emancipation
can not be doubted.16 The ministers in
Kentucky not only attempted to avoid all connection with
slavery themselves but zealously endeavored to enforce
the enactments of the General Conference on the subject.17
The Presbyterian Church, though pronounced in its
opposition to slavery, was more cautious than either the
Methodists or the Baptists. Its General
Assembly, in 1789, not only expressed its disapproval of
slavery but recommended that "meas-
-------------------------
13 A.
H. Redford: "History of Methodism in Kentucky," Vol. 1,
pp. 254-59; L. C. Matlack: "History of American Slavery
and Methodism," pp. 14-31.
14 The Conference of December 24, 1784, at
Baltimore, Tigert, Bound Minutes, pp. 195.
15 Tigert, p. 217. In 1784 the
Conference adopted the following resolution: "We view it
as contrary to the Golden Law of God, on which hang all
the law and the prophets, and the inalienable rights of
mankind, as well as every principle of the Revolution,
to hold in deepest debasement, in a more abject slavery
than is perhaps to be found in any part of the world
except America, so many souls that are capable of the
image of God."
16 "Journal of the General Conferences,"
Vol. .1, pp. 40-41; L. C. Matlack: "The Anti-Slavery
Struggle and the Methodist Episcopal Church," pp. 58-74.
While the Conference of 1800 negatived a proposition to
exclude all slaveholders from the church, the ministers
were instructed to consider the subject "with deep
attention" and to communicate to the Conference "any
important thought upon the subject" that might occur to
them. The Annual Conferences were directed to draw
up addresses for the gradual emancipation of slaves to
the legislatures of those States in which no general
laws had been passed for that purpose; and they were to
appoint committees for conducting the business.
All officers of the church and traveling preachers were
to assist in securing signatures to these addresses.
This plan was to be continued from year to year until
the desired end had been accomplished. (Journal of the
General Conferences, Vol. 1, pp. 40-41). The
Methodist Episcopal Church was thus virtually organized
into an agency for anti-slavery agitation.
17 H. C. Northcott: "Biography of Rev.
Benjamin Northcott" (1770-1854), pp. 88-89.
[Pg. 22]
ures consistent with the interests of civil society" be
taken "to procure eventually the final abolition of
slavery in America."18
The Presbytery of Transylvania, which embraced the
entire state of Kentucky, resolved in 1794 that slaves
belonging to the members of that body should be taught
to read the Scriptures and should be prepared for
freedom.19 Two years later it earnestly
recommended that the people under its care "emancipate
such of their slaves as they may think fit subjects for
liberty, and that they take every possible measure, by
teaching their young slaves to read, and giving them
such other instruction as may be in their power, to
prepare them for freedom."20
At this early date, the Presbytery was much disturbed
by the opposition on the part of a considerable number
of the members not only to the institution of slavery
but to communion with slaveholders. The
controversy became so serious that the matter was
brought before the General Assembly of the church
in 1795. That body appointed a committee composed
of David Rice and Dr. Muir,
ministers, and Robert Patterson, an elder,
to draft a letter to the Presbytery on the subject.
After considerable discussion, their report was adopted.
The letter begins by stating that the General Assembly
"hear with concern from your Commissioners that
differences of opinion with respect to holding Christian
Communion with those possessed of slaves agitate the
mind of some among you and threaten divisions which may
have the most ruinous tendency." The Presbytery
was asked to use forbearance and moderation until the
General Assembly should see fit to take a more decided
stand on the question.21 They were
referred to the previous recommendation that the slaves
be educated in such a way as to be prepared for a better
enjoyment of freedom and that reasonable measures be
taken to procure the final abolition of slavery in
America.22 Regardless of this act of
the General Assembly, the sub-
-------------------------
18 S. G. Baird: "A Collection of the Acts,
Etc., of the Supreme Judicatory of the Presbyterian
Church, pp. 806-7
The action of the Synod of New York and Pennsylvania in
1787 on the question of slavery was adopted by the
General Assembly of the Presbyterian Church two years
later. In 1795 the action of the assembly of 1789
was reaffirmed and some rather drastic regulations
adopted concerning manstealing.
19 John Robinson: "The Presbyterian
Church and Slavery," p. 123; Davidson: "History of the
Presbyterian Church in Kentucky," p. 336. The
Presbytery of Transylvania was formed in 1786 by the
Synod of New York and Philadelphia.
20 Robins; "The Presbyterian Church
and Slavery," p. 124.
21 Baird: A Collection of the Acts,
Etc., of the Supreme Judicatory of the Presbyterian
Church," pp. 807-808.
22 The subject of slavery came before the
General Assembly in 1793 and again in 1795, when the
decision of that body on the subject in 1789 was
reaffirmed. (Robinson: "The Presbyterian
Church and Slavery," pp. 17-18.)
[Pg. 23]
ject was frequently brought before the Presbytery and on
one occasion, 1796, the following resolutions were
adopted: "That although the Presbytery are fully
convinced of the great evil of slavery, yet they view
the final remedy as alone belonging to the civil powers;
and also do not think that they have sufficient
authority from the word of God to make it a term of
church communion. They, therefore, leave it to the
conscience of the brethren to act as they may think
proper ; earnestly recommending to the people under
their care to emancipate such of their slaves as they
may think fit subjects of liberty; and that they also
take every possible measure, by teaching their young
slaves to read and giving them such other instruction as
may be in their power, to prepare them for the enjoyment
of liberty, an event which they contemplate with the
greatest pleasure, and which they hope, will be
accomplished as soon as the nature of things will
admit."23 In 1797, the Presbytery again
declared slavery to be a great moral evil, but, while
they acknowledged that there might be exceptions, they
were unable, even though they discussed the subject for
many years, to answer the question, "Who are not guilty
of moral evil in holding slaves?"24
In 1800, the West Lexington Presbytery in a letter to
the Synod of Virginia spoke of slavery as a subject
"likely to occasion much trouble and division in the
churches in this country." It stated, also, that
it was the opinion of a large majority of the members of
the Presbyterian church in Kentucky that slaveholding
should exclude from church privileges, but it hesitated
to decide till directed by superior judicatories.25
This Presbytery in 1802 prohibited church sessions from
excluding slave holders from communion until such
exclusion should be sanctioned by the higher
authorities.26
The ministers of the church seem to have been in
general staunch emancipationists and a very large
majority of the elders and members were equally opposed
to the continuance of slavery.27 The
most conspicuous leader in the Presbyterian church
during these years was the Rev. David
Rice, whose activity in behalf of emancipation in
the constitutional convention of 1792 has been reviewed
in the preceding chapter. He was
-------------------------
23 Davidson: "History of the
Presbyterian Church in Kentucky," p. 336;
Robinson: "The Presbyterian Church and Slavery,"
p. 123
24 Davidson: "History of the
Presbyterian Church in Kentucky," p. 337.
25 Ibid., p. 337. The West
Lexington Presbytery was formed in 1799.
26 Ibid., p. 337. By
1802, the number of Presbyterians in Kentucky had so
multiplied as to call for the organization of a Synod.
Accordingly the Synod of Kentucky was formed, which was
composed of three Presbyteries and thirty-seven
ministers.
27 Robinson: "The Presbyterian Church
and Slavery," p. 123
[Pg. 24]
an implacable foe of slavery, never overlooking an
opportunity to use his influence against the
institution. To David Rice must be
given much of the credit for the advanced position taken
by the Presbyterians of Kentucky.28
In view of the prominent part played by the religious
denominations in the life of the frontier, the
significance of the attitude of the churches toward
slavery can hardly be overestimated. The
opposition to the constitution of 1792 and the effort to
provide compensated emancipation in 1799 must find their
explanation in part in the attitude of the members of
the frontier churches. During the years
immediately following the constitutional convention of
1792, special efforts were made by David Rice
and other anti-slavery leaders to gather their
scattered forces into some kind of permanent
organization in order that the various branches of their
work might be carried on in a systematic and efficient
way. This difficulty had been met in the States
along the Atlantic Coast by the formation of abolition
societies,29 of which there were twelve in
1791. As a rule, their membership was very small
and their work restricted to their individual
localities. The increased opposition to the slave
trade and the failure of Congress to legislate against
it led them to widen the scope of their work.
Accordingly delegates from the various local societies
met in Philadelphia in 1794 and perfected a permanent
national organization under the name of the "American
Convention of Delegates of Abolition Societies."30
The Kentucky anti-slavery
workers followed the plans of the eastern societies.
During the early part of 1795 they began, through the
Rev. David Rice, a correspondence with William
Rogers, a member of one of the abolition societies
in Philadelphia, concerning the organization of similar
societies in Kentucky.
In his reply Mr. Rogers stated that the
Philadelphia society was "much pleased with your
endeavors in promoting a similar
-------------------------
28
Bishop: "Outline of the Church in Kentucky, Containing
the Memoirs of David Rice," p. 83. Rice's dying
testimony in 1816 gave the final emphasis to his
condemnation of slavery, a feeling which he shared with
many of his fellow clergy. "I have too much
participated in the criminal and the great neglect of
the souls of slaves. Though we live at the expense
of those unfortunate creatures, yet we withhold from
them a great part of the means of instruction and
grace—many, indeed, deprive them of all, so far as they
can. This added to that of depriving them of the
inalienable rights of liberty, is the crying sin of our
country; and for this I believe our country is now
bleeding at a thousand veins."
29 Before 1830 the term abolition was used
to designate every plan for abolishing slavery,
including gradual compensated emancipation. After
this time, due to the Garrisonian or modern abolition
movement, it was used to apply only to immediate,
uncompensated emancipation.
30 "Minutes of the Proceedings of the First
Meeting of the American Convention, 1794," Pamphlet; M.
S. Locke: "Anti-Slavery in America, 1619-1808," p. 101;
A. D. Adams: "Anti-Slavery in America, 1808-1831," p.
154. There were only nine societies in the
American Convention in 1794. In 1818 a new
constitution was adopted and the name changed to "The
American Convention for Promoting the Abolition of
Slavery and Improving the Condition of the African
Race."
[Pg. 25]
institution in Kentucky, which, should it take place,
will of course receive every possible aid from the
society in this city."31
The Kentucky societies were organized as proposed, but
almost nothing more is known about them. In the
minutes of the American Convention of Delegates of
Abolition Societies in 1797, the Kentucky societies were
referred to a number of times, although they were not
represented in the convention. They appear,
however, to have had some correspondence with the
convention.32 A correspondent in The
Knoxville Gazette (Tennessee), January 23, 1797, in a
call for a meeting of all those interested in the
organization of an abolition society, mentioned the
existence of two such societies in Kentucky, one in
Philadelphia, one in Baltimore, one in Richmond, and one
in Winchester (Virginia). The work of these
societies was declared to be to relieve "such persons as
are illegally held in bondage; to effect their relief by
legal means alone without any intention to injure the
rights of individuals, not to take negroes from their
legal masters and set them free as some have vainly
imagined; but by lawful means to vindicate the cause of
such of the human race as are lawfully entitled to
freedom either by mixed blood or by any cause."33
More liberal emancipation laws were advocated as well as
the education of slaves as a means of "preparing them
for freedom."34
Nothing further has been found concerning the early
Kentucky societies. They were doubtless originated
through the influence of the Rev. David
Rice for the purpose of advancing the cause of gradual
emancipation, which was being extensively advocated in
the state at that time, and their disappearance may be
connected with the failure of the movement in the
constitutional convention of 1799. They bear the
distinction of having been the first abolition
organizations west of the Appalachian Mountains,
preceding by eighteen years those in both Ohio and
Tennessee.35
The eleventh article of the constitution of 1792
provided for a vote at the election of 1797, on the
question of calling a convention to amend that
instrument or to adopt a new one.
-------------------------
31 Draper MSS., Hist. Miscel.,
1.
32 "Minutes of the Proceedings of the Fourth Convention
of Delegates, 1797," Pamphlet. Societies from New
York, New Jersey, Pennsylvania, Maryland, and Virginia
were represented in this convention and societies from
Delaware, Rhode Island, and Kentucky were referred to,
pp. 37, 41.
33. The Knoxville Gazette, January 23, 1797.
34. Ibid.
35. Adams:
"Anti-Slavery in America, 1808-1831," pp. 264-267,
gives a list of abolition societies and the date of
organization of each. The Kentucky societies were
not known to her. No reference to them as been
found in any secondary work.
[Pg. 26]
If the vote in 1797 should be favorable, another was to
be taken in 1798.36 In both years more
votes were cast for the convention than against it, and
although there was some doubt as to whether or not "a
majority of all the citizens in the state voting for
representatives" had voted in the affirmative,37
the legislature, being "ripe for a convention,"38
ordered the election of delegates.
In a pamphlet entitled "No Convention," which John
Breckinridge 39 published, over the
pen name of Algernon Sidney shortly before
the election of 1798, he declares, "The emancipation of
our slaves is said to be one of the objects for which
the people wish to call a convention; and the better
organization, or total destruction of the Senate, the
other.
"It must be acknowledged that the first reflects an
encomium upon the wisdom, humanity and justice of our
countrymen, that cannot be too much appreciated or too
warmly applauded. It discovers the philosophy of
the human mind marching on boldly to oppose tyranny and
prejudice, and indicates an approaching era when slavery
shall be driven from our enviable country. But if
a renovation in this particular be the object in view,
you have surely mistaken the price necessary to carry so
important a work into execution, as well as to organize
or make any change in your constitution at all. ***Your
slaves ought to be free; but let us not liberate others
at the probable expense of our own freedom."40
Though he attached considerable importance, in this
pamphlet, to the slavery issue, his opposition to the
convention was based mainly on the demand for the
abolition of the Senate.41
-------------------------
36 Littell: "Statute Laws of
Kentucky," Vol. 1, p. 29.
37 Marshall: "History of Kentucky,"
Vol. 2, pp. 257-258; R. H. Collins: "History of
Kentucky," Vol. 2, p. 61; Butler: "History of
Kentucky," pp. 280-281; The Mirror, February 10, 24,
March 28, 1798.
In 1797, 5,446 of a total of 9,811 votes and in 1798,
8,804 of a total of 11,853 votes were cast for the
convention.
38 Samuel Hopkins to John Breckinridge,
December 8, 1798. Breckinridge Papers.
39 John Breckinridge (1760-1806), a
Virginian by birth, was a member of one of the most
influential Kentucky families. In 1798, as a
member of the Kentucky Legislature, in colaboration with
Thomas Jefferson, he drew up and himself introduced the
famous "Kentucky Resolutions." From 1801 to 1805
he represented Kentucky in the United States Senate and
from 1805 until his death in 1806 he was Attorney
General in Jefferson's cabinet.
The Breckinridge Papers, from which considerable
material for this and other chapters was obtained,
contains the papers of John Breckinridge, William
Breckinridge, Robert J. Breckinridge, John Cabell
Breckinridge and other members of the family. The
author was given permission to examine this valuable
collection, which is deposited in the Congressional
Library, but which has not yet been opened for public
use by the owner. Miss Sophonisba P. Breckinridge,
of the University of Chicago.
40 Breckinridge Papers, 1798, pamphlet
undated.
41 Ibid.
[Pg. 27]
his arguments were bitterly assailed in a hand bill,
signed "Keiling,"42 which in turn was
answered by Sidney in a most scathing article in the
Kentucky Gazette.43 A lively exchange
of hand bills and newspaper articles ensued, in which a
number of people took part. * * One of the hand bills,
signed ' 'Junius' ' and addressed to "The Electors of
Franklin County," enthusiastically advocates a
convention as a means to the reorganization of the
Senate and to the securing of other reforms. The
author manifests no desire for the abolition of slavery,
but he admits that that subject was attracting more and
more attention.45 Another advocate of
the convention said, "The man of landed property is told
that agrarian laws will be passed; and the slaveholder
is alarmed by the fear of immediate emancipation."
This he attributed to the enemies of the convention and
added that no citizen had "brought forward a proposition
for emancipation." He asserted also that no one
desired "an immediate liberation of the slaves," but
that many did favor a gradual compensated emancipation.
He could see no occasion for alarm on the question,
however, since any constitutional convention in Kentucky
would be composed largely of slaveholders who, in case
they should decide upon some plan of emancipation, could
be depended upon to protect the slaveholders from
monetary losses.46
Breckinridge, however, was less certain of the slave
holders' safety. In a letter to Governor
Shelby, March 11, 1798, he displayed considerable
uneasiness as a result of the wide-spread discussion by
the general public and press of a "speedy emancipation
of slaves upon some principle." He says further,
"If they can by one experiment emancipate our slaves;
the same principle pursued, will enable them at a second
experiment to extinguish our land titles; both are held
by rights equally sound."47
In view of his subsequent career, the connection of
Henry Clay with the anti-slavery movement of this
period deserves special consideration. It is
probable that he received here the impressions that were
to determine his course throughout the controversy.
In 1798, at the age of twenty-one, he published over the
signature "Scaevola" a series of articles addressed to
-------------------------
42 Breckinridge
Papers, 1798, undated.
43 Kentucky Gazette, May 9, 1798.
44 A number of these hand-bills are to be
found in the Breckinridge Papers for 1798.
45 Breckinridge Papers, dated May 1, 1798.
46 Stewart's Kentucky Herald, April
17, 1798. This article was signed "Voter."
47 John Breckinridge to Gov. Shelby, March
11, 1798, Breckinridge Papers for 1798.
[Pg. 28]
the "Electors of Fayette County,"48 in
which he discussed at length the importance of the
slavery issue in the coming convention.49
In the number for April 25, he asserted that the
convention was opposed by many because it was supported
by the anti-slavery party. He pointed out
forcefully the reasonable ness and the advantages of
gradual emancipation and declared that if the convention
did not wish to abolish slavery it should at least
remove the prohibiting clause from the constitution so
that the legislature could take up the subject any time
it saw fit to do so. The article closed with the
following arraignment of slavery: "All America
acknowledges the existence of slavery
to be an evil which, while it deprives the slave of the
best gifts of Heaven, in the end injures the master,
too, by laying waste his lands, enabling him to live
indolently, and thus contracting all the vices generated
by a state of idleness. If it be this enormous
evil the sooner we attempt its destruction the better.
It is a subject which has been so generally canvassed by
the public that it is unnecessary to repeat all the
reasons which urge to a conventional interference."50
The result of these discussions was a larger majority
for the convention in 1798 than in 1797.51
How far this may be an expression of anti-slavery
strength it is impossible to say, but doubt less all
anti-slavery men who voted favored the convention.
When we come to the choice of delegates the
anti-slavery sentiment emerges more clearly. In
some counties, if we may trust statements made long
afterwards, and by pronounced antislavery men, it became
the chief issue, and candidates pledged themselves, if
elected, to support or to oppose a gradual emancipation
clause in the constitution.52 In
others, the question was whether or not the owners of
slaves should be compensated in case of gradual
emancipation. It appears that the country people
were becoming united against the town people, who
generally supported emancipation.53 In
this situation the leaders in Fayette County, the
political center of the state, and one of the
principal slave-holding communities in it, laid plans
"for the
-------------------------
48 Calvin Colton: "Works of Henry Clay,"
Vol. 1, pp. 209, 214; Schurz: "Life of Henry
Clay," Vol. 1, p. 27.
Henry Clay emigrated from Virginia to Kentucky in 1797.
49 Colton: "Works of Henry Clay," Vol. 1,
p. 209.
50 The Kentucky Gazette, April 25, 1798.
51 In 1797 for the convention 5, 446 out of 9,814 votes
were cast.
In 1798 for the convention 8,804 out of 11,513 votes
were cast.
52 William Birney: "James G. Birney and His
Times," p. 16; Speech of Robert J. Breckinridge in
Reply to Speech of Robert Wickliffe, October 12, 1840,
Breckinridge Papers. Robert J. Breckinridge was a
son of John Breckinridge.
53. George Nicholas to John Breckenridge, January 20,
1798. Breckinridge Papers for 1798.
[Pg. 29]
most independent and principled men amongst us to step
forward and prevent mischief."44 A meeting was called
for January 26, 1799, at Bryant Station, whose purpose
was to formulate a common policy and to nominate
candidates to the convention. With the avowed
object of furnishing an example to other counties by
enlisting the interest and securing the attendance of
leading men, delegates were invited from the Militia
Companies and the religious societies of the county.55
Thus was formed a body commonly known as Bryant
(Bryan's) Station Convention, which "decided the
destinies of Kentucky for that era."58
Five subjects were proposed for the consideration of the
convention: 1, "no emancipation either immediate
or gradual;" 2, representation according to population;
3, a legislature of two houses; 4, the courts; 5, the
compact with Virginia to be retained in the new
constitution.57
The convention proved to be well attended58 and
included the leading men in the county among whom were
John Breckinridge, George
Nicholas, and Daniel Logan.
After nominating candidates, among them John
Breckinridge, it drew up "a Declaration to be made
by Convention Candidates," which provided that no man
ought to be voted for as a member to that convention who
would not subscribe to five declarations, one of which
was as follows: "I do declare that in case I am elected
to the Convention, I will be decidedly opposed to an
emancipation of the slaves, either immediate or gradual
without paying to the owners thereof their full value in
money, previous to such emancipation."59
While this declaration manifests no opposition to
compensated emancipation it is fairly certain that the
men back of it were antagonistic to any sort of
emancipation. Since the anti-slavery forces were
strong in Fayette County, it is not improbable that the
political leaders were forced to assume this
conciliatory attitude. The declaration seems to
have been a compromise and was so regarded in many
sections of the state. While the Bryant Station
Convention was often referred to both
-------------------------
54 Samuel Hopkins to John
Breckinridge, December 8, 1798. Breckinridge Papers for
1798.
55 Stewart's Kentucky Herald, March 12,
1799. See also Breckinridge Papers for 1799.
56 Speech of Robert J. Breckinridge ***,
1840, p. 7; Daniel Logan to John Breckinridge, January
25, 1799, Breckinridge Papers for 1799. A hand-bill
(Breckinridge Papers), signed "Voter" and addressed to
the "Inhabitants of Fayette County" describes in detail
the meeting of "The Bryant Station Convention."
57 Speech of Robert J. Breckinridge ***.
1840, p. 7. See also handbill. Ibid.
58 Stewart's Kentucky Herald, March 12,
1799. The attendance was estimated at between 300 and
400.
59 Speech of Robert J. Breckinridge ***, pp.
7-8.
[Pg. 30]
as an anti-slavery and as a pro-slavery body,60
the information at hand seems to show that it was a
moderately pro-slavery convention dominated by men who
were more interested in preventing radical action
against slavery than in perpetuating the institution.
In the election of delegates to the constitutional
convention a few weeks later, the Bryant Station
candidates were successful
and the leaders in Fayette County, particularly John
Breckinridge and George Nicholas,
were active in the selection of delegates elsewhere in
the state. Efforts were made to bring the right
men forward and these efforts appear to have met with a
favorable response.61
The cause of the pro-slavery party was doubtless
assisted by the passage in June and July, 1798, of the
Alien and Sedition Acts, which in Kentucky as elsewhere
aroused great opposition to the federal administration
and resulted in November in the passage of the famous
"Kentucky Resolutions." The importance of and the
general interest in these measures affected the choice
of delegates to the constitutional convention by
bringing forward trusted leaders who had been
temporarily set aside because of their pro-slavery
inclinations. Local issues were now subordinated
to the desire to present a solid front to the
aggressions of the national government. When in
the midst of this excitement the elections for delegates
to the convention were held, the conservative
pro-slavery element was found to be in the majority.
63
-------------------------
60 See
Breckinridge Papers for 1799; especially James Hopkins
to John Breckinridge. January 27, 1799, and George
Nicholas to John Breckinridge, February 16, 1799. See
also Speech of Robert J. Breckinridge***, pp. 7f.
The writer referred to above in Stewart's Kentucky
Herald for March 12, 1799 said: "When you consider that
the very Gentlemen that differed from you as to the
expediency of calling a Convention, and made every
exertion to thwart your wishes are now the warm
supporters of the project from Bryan's Station."
61 Samuel Hopkins, of Christian County, in a letter to
John Breckinridge, February 4, 1799 (Breckinridge
Papers, 1799), in a reply to a letter from Breckinridge
inquiring about the sentiment in that county and asking
him to announce Hopkins' candidacy there stated
that he had complied with the request; however, he
feared that his opponent, a Mr. Ewing, would be elected.
He further stated that "the importance of the present
era ought to be truly Estimated by every citizen—this
convention business, I like it not.—I hate experiments
upon
government." In a letter to Breckinridge dated
July 15, 1799, he stated that he had been defeated in
the convention election. He said, however, "I feel
rejoiced that the disorganizes are ousted in the late
elections." Breckinridge had also considerable
correspondence with
his political friends in Hardin County. In a reply
to one of his letters, John Mclntyre said that the
convention elections "ought to draw the attention of
every man who has the good of his country at heart—at so
critical a moment.* * * Our liberties and property
are likely to be
exposed to ignorant and designing men." (Breckinridge
Papers, February 10, 1799.) See also Ben Helm to
John Breckinridge, February 17, 1799, and W. E. Boxwell
(Harrison County) to John Breckinridge, May 12, 1799.
(Breckinridge Papers for 1799.)
62 (NONE LISTED)
63 In speaking of this election William Lewis in a
letter to John Breckinridge, July 18, 1799 (Breckinridge
Papers for 1799), said: "I am pleased to hear that your
convention will not effect an emancipation at this time,
as it would be a wretched piece of policy in excluding
all wealthy emigrants possessing that property from
seeking an asylum in the State. They are certainly
the most desirable emigrants, on account not only of the
wealth they introduce, but their condition and polite
manners—it is from those that your character as a State
is to be
formed—exclude this class from your citizens and what
will the bottom be? A crude undigested mass."
See also Birney: "James G. Birney and His Times," pp.
21-22.
[Pg. 31]
The Convention assembled July
22, 1799. Considerable time was devoted to
slavery.64 The question of emancipation
was raised during the early days of the session and, in
general, the plans discussed, although differing in many
particulars, provided for a slow and gradual
emancipation. A certain date was to be fixed. All
born before that date were to be slaves for life and all
born after it were to be free at a specified age.
It does not appear that any one believed in or advocated
immediate emancipation.65 The proposal
to insert in the constitution a clause providing for
gradual emancipation was finally decided in the
negative. A proposal to place the power of
providing
for general emancipation in the hands of the legislature
was then taken under consideration. This matter
had been extensively discussed during the election of
delegates and some of the antislavery men, including
Henry Clay, were desirous of having the power
of removing slavery placed in the hands of the
legislature if it should prove impossible to adopt a
constitutional provision for its ultimate extinction.66
No change was made in the constitution in this respect.
The power to extinguish slavery was not granted to the
legislature, although Robert J. Breckinridge
forty years later maintained that it was the intention
of the convention to do this.67 The
language of Article
VII of the Constitution of 1799 is substantially the
same as that of Article IX of the Constitution of 1792.
The legislature could pass a law for the emancipation of
slaves but only with the consent of the owner and with
full compensation in money.68
-------------------------
64 A
few scattered printed reports including a manuscript
copy of the constitution are in the Breckinridge Papers
for 1799.
65 Breckinridge Papers for 1799. Henry
Clay in a speech in the U. S. Senate, February 7, 1839
(Annals of Congress, 1839, Vol. 7, p. 354), said: "Forty
years ago the question was agitated in the State of
Kentucky of a gradual emancipation of the slaves within
its limits.* * * No one was rash enough to think
of throwing loose upon the community, ignorant and
unprepared, the untutored slaves of the State."
66 The Kentucky Gazette, April 25, 1798. M.
J. Howard during the early days of the convention sent a
manuscript copy of the constitution to John Breckinridge
for criticism. In a letter which accompanied it
(Breckinridge Papers, undated), he said in regard to the
above proposal, "As whatever might be here said,
restricting or not restricting the Legislature, with
regard to emancipation, would probably have but little
effect, as the Body of the People have at all times, an
indefeasible and inalienable Right to alter or abolish
their Constitution
of Civil Government, whenever they, or a majority of
them, shall think fit, or necessary for their welfare,
or benefit."
67 Speech of Robert J. Breckinridge * * *,
p. 8. Mr. Breckinridge further asserted that a majority
of the members of the convention adhered to the
declarations adopted by the Bryant Station Convention
and that they not only intended to give the Legislature
a limited power to provide for general emancipation, but
did give it full power to emancipate the post nati with
or without compensation. Although Mr. Breckinridge
had access to his father's papers and had met during his
boyhood many members of the convention, his
interpretation of the slave clause in the constitution
whether right or wrong was not that given it by either
the
legislature or the people generally during the years
following.
68 The clause in the proposed constitution
dealing with the importation of slaves caused
considerable discussion. Some wished to allow free
importations, while others urged strict constitutional
restrictions. A third class desired to place the
entire matter in the hands of the legislature. In this
as in other points a compromise was agreed upon, by
which the provision in the constitution of 1792 for a
limited legislative control was adopted with an
additional provision regarding the trial of slaves for
felony.
[Pg. 32]
Similarly the constitutional provisions of 1792 in
regard to bringing slaves into the state were repeated
in the constitution of 1799.
The exact strength of the anti-slavery element in the
convention of 1799 is not known.69
Henry Clay once said, in this connection, that "The
proposition in Kentucky for gradual emancipation, did
not prevail; but it was sustained by a large and
respectable minority."70 And Robert
J. Breckinridge in the pamphlet published in 1840
asserted that slavery was ingrafted on the constitution
by "no great majority" and only
"after a most violent conflict."71
These statements are well sustained by the literature of
the period.
-------------------------
69
Mr. Birney in his "James G. Bimey and His Times," p. 21.
says: "If the convention could have been held in May,
1798. immediately after the election, Kentucky would
have been made a free state and the causes of the civil
war destroyed in the germ." This conclusion was
based on the number of so-called anti-slavery votes in
favor of the convention in the elections of 1797 and
1798. But since a number of important questions,
of which slavery was only one. were involved at that
time, it does not follow that the anti-slavery element
alone forced the call for the convention. The
defeat of emancipation he attributed to the fact that
local issues were eliminated by the national questions
growing out of the passage by Congress of the Alien and
Sedition Laws. Though there is no doubt that the
anti-slavery strength was greatly weakened by these
measures, nothing has been found to indicate even the
probability that the majority of the population in
either 1798 or 1799 favored emancipation.
70 Colton: "Works of Henry Clay," Vol. 1,
pp. 216-217.
71 "Speech of Robert J. Breckinridge ***,"
p. 7. By 1800 slavery had been abolished or plans
of gradual emancipation adopted in the Northwest
Territory and in all the states north of the Mason and
Dixon Line, with the exception of New York and New
Jersey, which followed in 1804.
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