The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
At the time of the Revolution the succession to property was regulated
in New York and the southern states by the English rule of
primogeniture. The eldest son took all. In New Jersey, Pennsylvania,
Delaware, and the four New England states, the eldest son took a double
share. It was Georgia that led the way in decreeing the equal
distribution of intestate property, both real and personal; and between
1784 and 1796 the example was followed by all the other states. At the
same time entails were either definitely abolished, or the obstacles to
cutting them off were removed. In New York the manorial privileges of
the great patroons were swept away. In Maryland the old manorial system
had long been dying a natural death through the encroachments of the
patriarchal system of slavery. The ownership of all ungranted lands
within the limits of the thirteen states passed from the crown not to
the Confederacy, but to the several state governments. In Pennsylvania
and Maryland such ungranted lands had belonged to the lords proprietary.
They were now forfeited to the state. The Penn family was indemnified by
Pennsylvania to the amount of half a million dollars; but Maryland made
no compensation to the Calverts, inasmuch as their claim was presented
by an illegitimate descendant of the last Lord Baltimore.
[Sidenote: Steps toward the abolition of slavery and the slave-trade.]
The success of the American Revolution made it possible for the
different states to take measures for the gradual abolition of slavery
and the immediate abolition of the foreign slave-trade. On this great
question the state of public opinion in America was more advanced than
in England. So great a thinker as Edmund Burke, who devoted much
thought to the subject, came to the conclusion that slavery was an
incurable evil, and that there was not the slightest hope that the trade
in slaves could be stopped. The most that he thought could be done by
judicious legislation was to mitigate the horrors which the poor negroes
endured on board ship, or to prevent wives from being sold away from
their husbands or children from their parents. Such was the outlook to
one of the greatest political philosophers of modern times just
eighty-two years before the immortal proclamation of President Lincoln!
But how vast was the distance between Burke and Bossuet, who had
declared about eighty years earlier that "to condemn slavery was to
condemn the Holy Ghost!" It was equally vast between Burke and his
contemporary Thurlow, who in 1799 poured out the vials of his wrath upon
"the altogether miserable and contemptible" proposal to abolish the
slave-trade. George III. agreed with his chancellor, and resisted the
movement for abolition with all the obstinacy of which his hard and
narrow nature was capable. In 1769 the Virginia legislature had enacted
that the further importation of negroes, to be sold into slavery, should
be prohibited. But George III. commanded the governor to veto this act,
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