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 It was the Western world’s repudiation of slavery, only just beginning to build at the time of the American Revolution, which marked a dramatic sea change in moral sensibilities. The American founders were living on the cusp of this change, in a manner that straddled two worlds. George Washington owned slaves, but came to detest the practice, and wished for “a plan adopted for the abolition of it.” By the end of his life, he freed all the slaves in his family estate.

Thomas Jefferson also held slaves, and yet included in his original draft of the Declaration a strong condemnation of slavery, which was removed at the insistence of certain slaveholding delegates. Inscribed in marble at his memorial in Washington, D.C. is Jefferson’s foreboding reference to the injustice of slavery: “I tremble for my country when I reflect that God is just; that His justice cannot sleep forever.”

James Madison saw to it at the Constitutional Convention that, even when the Constitution compromised with slavery, it never used the word “slave” to do so. No mere semantics, he insisted that it was “wrong to admit in the Constitution the idea that there could be property in men.”

Indeed, the compromises at the Constitutional Convention were just that: compromises. The three-fifths compromise was proposed by an antislavery delegate to prevent the South from counting their slaves as whole persons for purposes of increasing their congressional representation. The so-called fugitive slave clause, perhaps the most hated protection of all,



accommodated pro-slavery delegates but was written so that the Constitution did not sanction slavery in the states where it existed. There is also the provision in the Constitution that forbade any restriction of the slave trade for twenty years after ratification—at which time Congress immediately outlawed the slave trade.

The First Continental Congress agreed to discontinue the slave trade and boycott other nations that engaged in it, and the Second Continental Congress reaffirmed this policy. The Northwest Ordinance, a pre-Constitution law passed to govern the western territories (and passed again by the First Congress and signed into law by President Washington) explicitly bans slavery from those territories and from any states that might be organized there.

Above all, there is the clear language of the Declaration itself: “We hold these truths to be self-evident, that all men are created equal.” The founders knew slavery was incompatible with that truth.

It is important to remember that, as a question of practical politics, no durable union could have been formed without a compromise among the states on the issue of slavery. Is it reasonable to believe that slavery could have been abolished sooner had the slave states not been in a union with the free? Perhaps. But what is momentous is that a people that included slaveholders founded their nation on the proposition that “all men are created equal.”

So why did they say that without immediately abolishing slavery? To establish the principle of consent as the ground of all political legitimacy and to check against any possible future drift toward or return to despotism, for sure. But also, in Lincoln’s words, “to declare the right, so that the enforcement of it might follow as fast as circumstances should permit.”

The foundation of our Republic planted the seeds of the death of slavery in America. The Declaration’s unqualified proclamation of human equality flatly contradicted the existence of human bondage and, along with the Constitution’s compromises understood in light of that proposition, set the stage for abolition. Indeed, the movement to abolish slavery that first began in the United States led the way in bringing about the end of legal slavery. 11