George Eggleston - The History of the Confederate War, Its Causes and Its Conduct. Volume 1 of 2

And even after thirty odd years, and a dozen years after the constitutional prohibition of the African slave trade had gone into effect, that unlawful traffic in human beings was still so gainful an occupation to merchants and shipmasters, that Mr. Justice Joseph Story, himself a New Englander and a judge of the Supreme Court of the United States, was bitterly denounced by the New England press and public as a judge who deserved to be "hurled from the bench," because he had instructed grand juries that it was their sworn duty to indict the men who were still engaged in the nefarious business of transporting slaves, under conditions of unspeakable cruelty, from Africa to these shores. The offense of that great jurist lay in the fact that he regarded the demands of the constitution and the law as more binding upon his character and conscience than the demands of the New England slave traders whose very profitable business his insistence upon the rigid enforcement of the law threatened to embarrass and destroy.

As there are now no advocates of slavery in our free land; as all of us, North and South alike, are agreed that the institution was a curse the maledictions of which endure to the present day in vexatious "race problems;" it is possible and proper now to record all facts respecting it with impartiality and without controversial intent. It is of supreme importance to any clear understanding of this matter to bear in mind the fact that our modern conceptions of human rights did not exist in the earlier times; that the recognition of the negro as "a man and a brother" is the birth of comparatively recent thought; that the traffic in black human beings, captured in Africa and brought hither for sale as laborers, excited no impulse of antagonism, offended no moral sentiment, and seemed to nobody in the earlier times a violation of those fundamental doctrines of human right upon which this Republic is based. All that has been a glorious after-thought, and it is solely with an expository purpose and not at all as a tu quoque that these facts of history are here set forth.

Surely the time is fully ripe in which men of the North and men of the South may sit together in an impartial study of the causes of a quarrel that brought them into armed conflict more than a generation ago and may calmly consider without offense the sins of their forefathers on either side, making due allowance for the lack of modern light and leading as a guide to those forefathers. We must do this in this spirit, if we would be fair. Still more imperatively must we do it if history is ever to be written.

The period of controversy is past. The time of reckoning has come. The time has come when the advocate holding a brief for the one or the other party to the controversy should give place to the historian intent only upon the task of discovering and recording fact. The circumstance that there was grievous wrong on both sides does not rob either of the credit due for the right that it supported.

After the revolution the great statesmen of our land manifested a determined eagerness to free the country from slavery. John Adams and Alexander Hamilton were not more energetic in this cause than were Jefferson and other Southerners. When Virginia ceded to the Federal Government all her claims to the territory northwest of the Ohio river, it was Thomas Jefferson, the Virginian slaveholder, who insisted upon writing into the deed of cession a provision that slavery should never be permitted in any part of that fair land which now constitutes the states of Ohio, Indiana, Illinois, Michigan and Wisconsin.

George Wythe, under whose tuition Henry Clay studied law, was by all odds the greatest jurist that Virginia ever produced, with the single exception of John Marshall. George Wythe was one of those whom Mr. Carl Schurz has in our own times characterized as "the Revolutionary abolitionists." They were the men of the South who regarded slavery as an imposed and hereditary curse to be got rid of by any means that did not threaten the social fabric with destruction and the country itself with chaos and black night. George Wythe absolutely impoverished himself – born to vast wealth as he was – in setting free the negroes whom he had inherited as slaves and in providing them with the means of establishing themselves in bread-winning ways. For, as he expressed it, "I have no right to set these people free to starve."

He gave them their liberty and with it a piece of land for each, on which with ordinary industry and thrift they could surely make a living for themselves and their families. Then he set to work, a man stripped of all his ancestral possessions and impoverished by his own act of justice, to earn a living as a Virginian lawyer. So far from having offended his fellow Virginians by his act of emancipation, he had won their esteem and their reverence. He became their chancellor and the most honored judge upon their bench.

Thousands of other Virginians of lesser note than George Wythe did substantially the same thing, though less conspicuously. Under the law after a time they could not set their slaves free without sending them beyond the borders of the state. Many of them found this condition a paralyzing one. They must pay off the hereditary debts of their estates and they must buy in the West little but sufficient farms for their inherited negro slaves to live upon if they would set those slaves free. These things many of them did at cost of personal impoverishment, while many others, like-minded, found conditions beyond their control. If the whole story of that Virginian effort to be rid of slavery by individual and grandly self-sacrificing effort could be told here or elsewhere, the angels of justice and mercy would rejoice to read the page on which the wonder tale was written. But the heroes who did these deeds of self-sacrifice for principle were mainly obscure men of whose names there remains no record. Only here and there a great name like that of George Wythe appears. Among these is the name of John Randolph of Roanoke, – most insistently cantankerous of Southerners – who left a will freeing all his slaves on grounds of human right. And though that will was defeated of its purpose by a legal technicality, it is immeasurably valuable as a fact in history which reflects the sentiment of that time among those who had inherited and who held slaves and even among those who, like Randolph, are commonly regarded as the special champions of slavery.

And this desire of Southern men to be rid of slavery did not cease until the very end. Very many Southerners whose consciences dominated their lives, deliberately and painstakingly educated their negroes for freedom in the hope and assurance that sooner or later, by one means or by another, freedom would come to them. There were planters not a few who used their authority as the masters of slaves to compel their negroes to cultivate little fields of their own and to put aside the proceeds thereof, as a fund with which to meet the surely coming freedom face to face, with no fear of starvation as a circumstance of embarrassment.

Henry Clay studied law under Virginia's great chancellor, George Wythe. From his distinguished Virginian teacher he learned the lesson that slavery – forced upon an unwilling people in the Southern part of this country by kingly and corporate greed, and still further forced upon those regions by the greed of merchants and shipmasters, even after the traffic that fed it had been prohibited by the Constitution and by the law – was an evil and a curse, a wrong to the black man and a demoralizing influence to the white. He saw clearly that it was the task of all good men to exterminate that evil root and branch, by such means as might be found available, without the destruction of society as a necessary incident or consequence. In the young state of Kentucky Henry Clay began his political career as an advocate of rational and gradual emancipation, and to his dying day – involved as he was in all the strenuous controversies to which the slavery issue gave rise in national politics – he never lost his interest in this behalf or abated his efforts to secure its accomplishment. A plea for the extermination of slavery was the first plea he ever presented to the people whom he asked to support him for public office. A plea for the extirpation of slavery was well-nigh the last that he ever urged upon the people of his state after all that was possible of honor had been conferred upon him by their approving will.