the emancipation of slaves without the
consent of the individual owner; and encouraged emigrants to bring
slaves into the State.
In 1799, after three failures, the Legislature of New York passed a
bill for the gradual extinction of slavery. It provided that all
persons in slavery at the time of the passage of the bill should
remain in bondage for life, but all their children, born after the
fourth day of July next following, were to be free, but were required
to remain under the direction of the owner of their parents, males
until twenty-eight, and females until twenty-five. Exportation of
slaves was disallowed; and if the attempt were made, and the parties
apprehended, the slaves were to be free _instanter_. Persons moving
into the State were not allowed to bring slaves, except they had
owned them for a year previous to coming into the State.
In 1799 Kentucky revised her Constitution to meet the wants of a
growing State. An attempt was made to secure a provision providing for
gradual emancipation. It was supported by Henry Clay, who, as a young
lawyer and promising orator, began on that occasion a brilliant
political career that lasted for a half-century. But not even his
magic eloquence could secure the passage of the humane amendment, and
in regard to the question of slavery the Constitution received no
change.
As the shadows gathered about the expiring days of the eighteenth
century, it was clear to be seen that slavery, as an institution, had
rooted itself into the political and legal life of the American
Republic. An estate prolific of evil, fraught with danger to the new
government, abhorred and rejected at first, was at length adopted with
great political sagacity and deliberateness, and then guarded by the
solemn forms of constitutional law and legislative enactments.
FOOTNOTES:
[627] St. Clair Papers, vol. i. p. 120.
[628] The clause "three fifths of all other persons" refers to Negro
slaves. The Italics are our own. The Negro is referred to as _person_
all through the Constitution.
[629] Madison Papers, Elliot, vol. v. pp. 392, 393.
[630] Ibid., vol. v pp. 391, 392.
[631] Madison Papers, Elliot, vol. v. pp. 457-461.
[632] Madison Papers, Elliot, vol. v. pp. 477, 478.
[633] Examine Hildreth and the Secret Debates on the subject of the
"compromises."
[634] Travels, etc., vol. ii. p. 166.
[635] M.H.S. Coll., 5th Series, III., p. 403.
APPENDIX.
Part I.
_PRELIMINARY C
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