passed into the
hands of the British, the promoters of the slave trade, and later to the
independent colonies, two of which had no desire to exterminate slavery.
Furthermore, when the Ordinance of 1787 with its famous sixth article
against slavery was proclaimed, it was soon discovered that this document
was not necessarily emancipatory. As the right to hold slaves was
guaranteed to those who owned them prior to the passage of the Ordinance
of 1787, it was to be expected that those attached to that institution
would not indifferently see it pass away. Various petitions, therefore,
were sent to the territorial legislature and to Congress praying that the
sixth article of the Ordinance of 1787 be abrogated.[24] No formal action
to this effect was taken, but the practice of slavery was continued even
at the winking of the government. Some slaves came from the Canadians who,
in accordance with the slave trade laws of the British Empire, were
supplied with bondsmen. It was the Canadians themselves who provided by
act of parliament in 1793 for prohibiting the importation of slaves and
for gradual emancipation. When it seemed later that the cause of freedom
would eventually triumph the proslavery element undertook to perpetuate
slavery through a system of indentured servant labor.
In the formation of the States of Indiana and Illinois the question as to
what should be done to harmonize with the new constitution the system of
indenture to which the territorial legislatures had been committed, caused
heated debate and at times almost conflict. Both Indiana[25] and
Illinois[26] finally incorporated into their constitutions compromise
provisions for a nominal prohibition of slavery modified by clauses for
the continuation of the system of indentured labor of the Negroes held to
service. The proslavery party persistently struggled for some years to
secure by the interpretation of the laws, by legislation and even by
amending the constitution so to change the fundamental law as to provide
for actual slavery. These States, however, gradually worked toward freedom
in keeping with the spirit of the majority who framed the constitution,
despite the fact that the indenture system in southern Illinois and
especially in Indiana was at times tantamount to slavery as it was
practiced in parts of the South.
It must be borne in mind here, however, that the North at this time was
far from becoming a place of refuge for Negroes. In the first
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