Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910Turner, Edward Raymond
History
Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910
While these devotees of freedom were harassing the enemy they were
engaged in operations much more drastic. The laws for abolition,
respecting as they did the sacredness of right in property, had not
abrogated existing titles to slaves.[253] This the abolitionists
denounced as theft, and resolved to get justice by cutting out slavery
root and branch.[254]
First they attacked it in the courts. The declaration of rights in the
constitution of 1790 declared that all men were born equally free and
independent, and had an inherent right to enjoy and defend life and
liberty.[255] In 1792 a committee of the House refused the petition of
some slaveholders on the ground that slavery was not only unlawful in
itself, but also repugnant to the constitution.[256] This point was
seized upon by the abolitionists, who resolved to test it before the
law. Accordingly they arranged the famous case of Negro Flora _v._
Joseph Graisberry, and brought it up to the Supreme Court of the state
in 1795. It was not settled there, but went up to what was at that
time the ultimate judicial authority in Pennsylvania, the High Court
of Errors and Appeals. Some seven years after the question had first
been brought to law this august tribunal decided after lengthy and
able argument that negro slavery did legally exist before the adoption
of the constitution of 1790, and that it had not been abolished
thereby.[257]
Failing to destroy slavery in the courts the abolitionists strove to
demolish it by legal enactment. For this purpose they began a campaign
that lasted for two generations. In 1793 the Friends petitioned the
Senate for the complete abolition of slavery, and in 1799 they sent a
memorial showing their deep concern at the keeping of slaves. In the
following year citizens of Philadelphia prayed for abolition, and a few
days later the free blacks of the city petitioned that their brethren
in bondage be set free, suggesting that a tax be laid upon themselves
to help compensate the masters dispossessed. The demand for freedom
was supported in other quarters of the state, and undoubtedly a strong
feeling was aroused. The Pennsylvania Society for the Abolition of
Slavery began the practice, which it kept up for so many years, of
regularly memorializing the legislature. Later on some of the leading
men of the state took up the cause, and once the governor in his
message referred to the galling yoke of slavery and its stain upon the
commonwealth.[258]
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