Alexander Hamilton on Slavery
Author(s): Michael D. Chan
Source: The Review of Politics, Vol. 66, No. 2 (Spring, 2004), pp. 207-231
Published by: Cambridge University Press for the University of Notre Dame du lac on behalf of Review of
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AlexanderHamiltonon Slavery
Michael D. Chan
This articleseeks to refutetheprevailingscholarlyview thatHamilton,like
lackeda deep concernaboutslavery.The firstpartexamines
theFoundersgenerally,
Hamilton's political principlesand shows thattheywere not Hobbesian but
naturallaw theorists.
consistentwiththe views of moretraditional
Accordingly,
thatthenaturalrightsof manimposeda corresponding
Hamiltonunderstood
duty
of a compensated
to end slavery.The secondpartexaminesHamilton'sendorsement
his conductof Americanforeign
his opinionsof the Constitution,
emancipation,
in thestateabolitionsocieties,and his economicpoliciesto
policy,his involvement
thatendingslaverywas in factone of his abidingconcerns.
demonstrate
WhenpeoplereadtheopeningofAbrahamLincoln'sGettysburg
comesto mindas theone who
Address,themanwhomostnaturally
in Liberty,
forth
new
"a
conceived
and dedicatedto
nation,
brought
Thotheproposition
thatall menare createdequal" is undoubtedly
of
the
of
masJefferson;
afterall,Jefferson
the
lines
Declaration
penned
in
Yet
Jefferson
not
best
Lincoln's
was
the
oracle
view,
Independence.
to consultfordealingwithslaveryunderthe Constitution.1
Rather,
ofthe"thirty-nine
to theopinions
fathers
whoframed
Lincolnharkened
theoriginalConstitution,"
and amongthosethirty-nine
men,Lincoln
menof thosetimes"inpointedoutthatthe"mostnotedantislavery
AlexanderHamilton
and Gouvemrnor
Morris."2
cluded"Dr. Franklin,
scholarstendto igDespite Lincoln's opinion,contemporary
nore Hamilton'sstrongoppositionto slavery.Some of the more
ones suchas ForrestMcDonaldand ThomasWestnote
sympathetic
Hamilton'sopposition,but the subjectis usuallytreatedin a perof CharlesBeard's
influence
Instead,thelingering
functory
manner.3
of nullification
1. Jefferson's
doctrine
and his opposition
to theNorth'sattempt
to ban slaveryfromMissourias a conditionof entryintothe Union (whichhe
Federalistplot aimedat "consolidation")did notcomport
regardedas a Northern
withLincoln'sown views.
2. AbrahamLincoln,"Addressat Cooper Institute,"27 February1860, in
Lincoln:Speechesand Writings,
Abraham
ed. DonaldE. Fhrenbache'r
1859-1865,
(New
York:The LibraryofAmerica,1989),p. 117 (emphasisadded).
A Biography
Hamilton:
3. Forrest
McDonald,Alexander
(NewYork:W.W.Norton
& Co., 1979),pp. 121,212-13;ThomasG. West,Vindicating
theFounders:Race,Sex,
Class and Justicein the OriginsofAmerica(New York:Rowmanand Littlefield
Publishers,
1997),pp. 5, 8, 12; Paul Finkelman,
Slaveryand theFounders,2nd ed.
(Armonk,NY: M. E. Sharpe,Inc., 2001), pp. 105-128; StanleyElkins and Eric
TheAge ofFederalism(NewYork:OxfordUniversity
McKitrick,
Press,1993),p. 99.
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All use subject to JSTOR Terms and Conditions
208
THE REVIEW OF POLITICS
economicdeterminism,
boththeliberaland "neoclassical"schools
of interpretation
of theAmericanFounding,and the DemocraticRepublicanPartypropagandaof theera have conspiredto leave us
witha characterization
of Hamiltonas a nominallyrepublican,
but
defender
of
the commercialclasses
substantially
anti-egalitarian
who was as tokenin his oppositionto slaveryas were his opponents. In his biographyof Hamilton,Jacob Cooke concisely
expressestheviewheldby many:"In his lack of deepconcernabout
eitherslaveryor its concomitant
racism(prevalentin theNorthas
well as the South),[Hamilton]joined the overwhelming
majority
of his countrymen,
political foes and allies alike."4 Even Harry
to the FoundinggeneraJaffa-a scholarotherwisesympathetic
tion-concedes a certainamountof complacentindifference
about
slaveryamongtheFounders,and tracesit to theveryprinciplesof
theRevolution:"it is also truethatthewidespreadlack of concern
overthemoralchallengeof Negroslaveryto the doctrineof universalrightsin theDeclarationin theRevolutionary
can
generation
be tracedto the egoisticqualityof theserightsin theirLockean
... In truth,theirprincipleincludedthe Negroes in
formulation.
'all men,' but the Negroes' rightsdid not impose corresponding
dutiesupon the whitemasters."5
Such an interpretation,
however,does notdo Hamiltonjustice,
forhe was fullyaware thattheAmericanRevolutionwould ultiit livedup to its ownprinciples.
To be
matelybe judgedby whether
sure,Hamiltondevotedmostof his enormousenergyto themore
but thisdoes not meanthat
immediatetasksof "nation-building,"
he simplyneglectedthe issue of slavery.As we shall see fromhis
principlesto
opinionson fundamental
politicaland constitutional
of a gradualemancipation
to his conductofAmerihis endorsement
in thestateabolition
can foreign
policyto his personalinvolvement
comsocietiesto his economicpolicies,Hamiltonwas steadfastly
notso
mittedto theeventualabolitionof slavery,and was certainly
to themerehope thatslacomplacentas to leave his commitment
on
to
a
ultimate
extinction.
was
very
path
4. JacobErnestCooke,Alexander
Hamilton(New York:CharlesScriber'sSons,
norJayboldlychampioned
thecause [ofabolition]."
Hamilton
1982),p. 45; "Neither
1770-1823(Ithaca:
DavidBrionDavis,TheProblem
ofSlaveryintheAgeofRevolution
CornellUniversity
Press,1975),p. 172.
of Chicago
5. HarryV. Jaffa,
Crisisof theHouse Divided(Chicago:University
J.Storing,
Press,1959),p. 324. See also Herbert
"SlaveryandtheMoralFoundations
J.
in Toward
a MorePerfect
Union:TheWritings
oftheAmerican
Republic,"
ofHerbert
ed. JosephM. Bessette(Washington
D.C.: TheAEI Press,1995),pp. 142-44.
Storing,
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HAMILTON ON SLAVERY
209
Hamilton
on Morality
andSlavery
As the openingquotes fromJaffaand Cooke indicate,thereis
some questionas to whetherFounderssuch as Hamiltonunderstood the doctrineof naturalrightsto include a corresponding
dutyto extendthoserightsto America'sslaves. Historiansgenerin framingthe issue as a balance between
ally follow Jefferson
or
self-preservation property
rightson the one side, and justice or
the rightsof slaves on other,with manyarguingthatthe prinno definitive
ciples of the Revolutionfurnished
guidancein favor
of the rightsof slaves.6We musttherefore
establishHamiltonas a
bonafide opponentof slaverywho leftno ambiguity
as to how he
America's fundamentalprinciples.To that end, we
interpreted
recurmainlyto Hamilton'swritingsin theyearsleadingup to the
AmericanRevolution.Althoughthese early writingshad a distinctlypolemic tone, his argumentsneverthelessprovide a full
indictment
of slaveryirrespective
of the particularcontextof the
AmericanRevolution.
In justifying
his oppositionto the"systemof slavery"whichhe
believedcharacterized
Britishrule,7Hamilton
beganhisFull Vindicationwitha recurrence
to firstprinciples:
"All menhaveone common
in one commonnature,and consequently
original:theyparticipate
have one commonright.No reasoncan be assignedwhyone man
shouldexerciseanypower,or pre-eminence
overhis followcreatures
morethananother;
unlesstheyhavevoluntarily
vestedhimwithit."'8
This mostsuccinctformulation
of Lockean doctrinerequiressome
elaboration.
to Locke,menarenaturally
According
equalbecausethey
aremembers
ofthesamespecies,andsincenaturedoesnotdemarcate
thenaturally
and inferior
superior
amongmenas naturedoes between
6. Davis,Problem
andtheFounders,
ofSlavery,
pp.260-69;Finkelman,
Slavery
pp.
theValueoftheUnion:Slavery,
39-40;JamesL. Huston,Calculating
Property
Rights,
and theEconomicOriginsof theCivil War(Chapel Hill, NC: University
of North
CarolinaPress,2003), pp. 7-23; MichaelKammen,"The Rightsof Property,
and the
in Rights':The Problematic
Natureof 'Property'
in thePoliticalThought
Property
of theFounders
andtheEarlyRepublic,"in Liberty,
and theFoundations
Property,
of
theAmericanConstitution,
ed. Ellen FrankelPaul and HowardDickman(Albany,
NY: StateUniversity
of New YorkPress,1989), pp. 8-11, 14; ForrestMcDonald,
NovusOrdoSeclorum:TheIntellectualOriginsof theConstitution
(Lawrence,KS:
Pressof Kansas,1985),pp. 53-5.
University
7. Alexander
"A FullVindication,"
in ThePapersofAlexander
Hamilton,
Hamilton,
ed. HaroldC. Syrett
(New York:ColumbiaUniversity
Press,1961), 1: 51. Hereafter
citedas PAH,volumeand page number.
8. Ibid.
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210
THE REVIEW OF POLITICS
manandtheloweranimals,no mancan be saidto be naturally
subordinateto another.
Relationsbetweenmenmusttherefore
be basedon
consent.Moreover,if thereis no naturalsubordination
amongmen,
in a stateof government
thenmencannotbe said to be naturally
or
civilsociety,
butinsteadmustbe considered
in a stateofnaturewhere
freeand independent.
Since mendo nothave any
theyare naturally
in thestateof nature,
government
theyare leftto guidetheiractions
The first
of ournatureis thedesirefor
bythelawsofnature.
principle
becauseit is our strongest
desire,and thesine qua
self-preservation
nonofall otherthings;
it is man'sfirst
natural
Butif
accordingly,
right.
one desirestheend of self-preservation,
thenone mustalso havethe
to ormeansto thatend.One musttherefore
have a perfect
freedom
derone'sactionsas one sees fitin orderto secureone'slife.It mustbe
a perfectfreedom
becauseto concedethatan individual-evenif he
howhe shouldpreservehis life
be eminently
wise-may tellanother
wouldbe to denythe fundamental
equalityof all men,and in any
in
case,evenifsucha manwereto exist,no manhas as muchinterest
have
sushis ownself-preservation
as himself.
one
must
also
Finally,
have a rightto acquire
tenanceto survive.One mustalso therefore
in
is
the
derivation
of man's
a
and possessproperty.
nutshell,
This,
to life,liberty,
andproperty.9
naturalrights
theequalityof all menin certain
Appliedto theissueof slavery,
forone manennaturalrights
meanstherecannotbe anyjustification
to
oftheirown,
All
a
the
another.
men
have
or
right
slaving owning
friuit
hadtheundeniable
notsomeoneelse's labors.Thusslaveseverywhere
to "appealto heaven"andtryto throwofftheiryokes.Of course,
right
needed
toAmerica's
thiswas smallconsolation
slaves,sincetheyhardly
frombondageby
ofrights
to tryto freethemselves
an elaborate
theory
to
ifmenwereobligated
consolation
force.Theymightreceivegreater
inLocke's
inall human
natural
rights
beings.Butunfortunately,
recognize
butno realduties,a resultwhichstems
stateofnaturetherearerights,
In Locke'sstateofnafromtheoverriding
goal of self-preservation.1
ed. PeterLaslett(New York:
9. JohnLocke, Two Treatisesof Government,
Press,1988),II, ? 4, 6-8, 17,22-3,25-7,pp. 269-88.
University
Cambridge
NaturalRightand
CrisisoftheHouseDivided,pp. 323-27;Leo Strauss,
10. Jaffa,
of ChicagoPress,1953),pp. 202-51;C. B. MacPherson,
History(Chicago:University
ThePoliticalTheory
Press,
(NewYork:OxfordUniversity
ofPossessiveIndividualism
of Locke, but the
1962), pp. 194-262.Thereare, of course,otherinterpretations
of bothLocke and the principlesof the
Hobbesianor bourgeoisinterpretation
weremoreconcerned
Revolutiondovetailswiththeallegationthatmanyfounders
thantherightsof slaves (justice).
abouttherightsof property
(self-preservation)
Davis (Problemof Slavery,pp. 268-9), forexample,explicitlydrawson C. B.
of Hamiltonis broadlyconsistent
Macpherson.Nevertheless,my interpretation
of Locke foundin: StevenM. Dworetz,The Unvarnished
withthe interpretations
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HAMILTON ON SLAVERY
211
therestof mankind,"
butonly"whenhis
ture,one ought"to preserve
WhereLockeandocown preservation
comesnotin competition.""
fromthe
trinedoesgivesomehopeforslavesis ifoneconsiders
slavery
He
who
does
not
enslave
othof
view
of
self-interest.
point
enlightened
enemies
his
fellow
men.
ersincreases
hisownsecurity
of
bynotmaking
is: he whowouldnot
Themoralpolicythatresults
fromthiscalculation
The corollary
be a slaveoughtnotbe a master.
to thisis thathe who
is potentially
themaster
of all sinceone can reasonwouldbe a master
willhave
of another
ablysupposethathe whowouldviolatetherights
therightsof all if giventheopportunity,
or as
no scruplein violating
Hamiltonputit,one "cannotencroachuponanother,
without
becomthe safetyand
ing a commonenemy,and eventuallyendangering
of all."'2
happiness
But if theuniversalrespectof men'srightsis groundedmerely
in enlightened
thenwas not Hamiltonguiltyof lackself-interest,
true
moral
concern
about
ingany
slavery?For if theultimate
ground
of men'snaturalrightsis self-preservation,
thenthe issue becomes
of weighingthebenefits
and costsof slavery.Given
simplya matter
America'slargeslave population,it could easilybe concludedthat
would be too costly.Hamiltonwould therefore
seem
emancipation
to have been at a loss to provideanytrulymoralarguments
against
slavery.Yet Hamiltonwould have been at a loss onlyif Locke as
hereweretheprimary
sourceof Hamilton'sconvictions.
interpreted
have
that
Locke was "thedeepestroot
Certainly,
many
suggested
forJefferson's
that
and
the abolitionof slaverywas
generation,"
but"a longrunrequirement
of thesecurity
of therightsof theself3
regarding egotistical individual." Nevertheless,what was
trueof Jefferson
was notnecessarilytrueof thewhole
apparently
of his generation.While Hamiltonread Locke and adoptedmany
of Locke's positions,it is not altogether
clear thatHamiltoninterpretedLocke as certainmodemscholarshave. We also knowthat
he was influenced
disby otherauthors,and was nota doctrinaire
statesman
ciple of anyof them.Hamiltonwas too muchtheprudent
to allow himselfto adheretoo rigidlyto thedoctrines
of "visionary
projectors."If we are to understandHamiltonas he understood
himself,we mustmorecloselyexaminewhathe wrote.
Doctrine: Locke, Liberalism,and theAmericanRevolution(Durham: Duke University
Press, 1990); Michael P. Zuckert,NaturalRightsand theNew Republicanism(Princeton:
Princeton
Press,1994),LaunchingLiberalism(Lawrence,KS: University
University
Pressof Kansas,2002).
11. Locke, Two Treatisesof Government,
II, ? 6, p. 271.
12. Hamilton,
"A Full Vindication,"
PAH, 1:51.
13. Jaffa,Crisis of theHouse Divided, p. 326.
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212
THE REVIEW OF POLITICS
In thefirstinstance,it is undoubtedly
truethatHamiltonrested
of
his
to
on
Lockean
part
opposition slavery
grounds.Hamilton
echoed
Locke
when
he
wrote:
is the first
fully
"self-preservation
of
our
When
nature.
our
lives
and
are
principle
properties at stake,
it wouldbe foolishand unnatural
to refrainfromsuch measureas
Hamiltondid nottry,like
mightpreservethem."14Nevertheless,
Hobbes and Locke, to deduce all of his politicalreasoningfrom
sucha principle.It is moreaccurateto say thatforHamilton,selfpreservation
maybe man'sfirstor initialprinciple,it mayevenbe
man's mostconsistentand reliableprinciple,but it is not man's
is
highestprinciple.Higherthantheprincipleof self-preservation
theprincipleof liberty:"No person,thathas enjoyedthesweetsof
can be insensibleof its infinite
value, or can reflecton its
liberty,
To menwho recognize
reverse,withouthorrorand detestation.""15
thetruevalue of liberty,
it inducesin them"a certainenthusiasm"
that"makeshumannaturerise above itselfin acts of braveryand
heroism."16 Men are able to conquertheirmorebase desireforselfpreservationand to put up a "manly and virtuousstruggle,"17
and sacredhonoron thealtarof liberty.
In
life,property,
sacrificing
"theprinciplesof therevolution"
fact,accordingto Hamilton,
posiof thiscountry
to risktheirlivesand
tively"taughttheinhabitants
fortunesin assertingtheirliberty.""18
In thesekindsof statements,
HamiltonreversesLocke's formulation
suchthatthedesireforlibwhile
to
as
a
meansto self-preservation,
erty,
initiallycoming sight
is in factthemorecomprehensive
appetite.
As a corollary,
if libertyis a transcendent
ratherthanan instrumentalprinciple,thenmen become obliged not simplyto assert
theirown liberty,
but to respectthe libertyof others.Indeed,the
verymannerin whichHamiltonassertsthe value of libertysugforto assertthat"no
gestsits universaland obligatorycharacter,
can be insensible
of its
person,thathas enjoyedthesweetsof liberty,
infinite
value"meansthatall sensiblepeoplesimilarly
situated
would
cometo thesame conclusion.And if we followHamilton'sreliance
on a kindof moralsense (perhapsderivedfromHume),we need
or fellow-feeling
to cometo theconcluonlyadd a bitof sympathy
sion thata sensible man reflectingon slaverywould react with
"horrorand detestation"
notonlyto thepossibilityof his own slavery,butalso to theslaveryof others.In thislight,slaverybecomes
14. Hamilton,"A Full Vindication,"PAH, 1:51.
15. Ibid., p. 53 (emphasis added).
16. Hamilton,"The FarmerRefuted,"PAH, 1:156.
17. Hamilton,"A Full Vindication,"PAH, 1:64.
18. Hamilton, "Second Letter From Phocion," PAH, 3:545 (emphasis added).
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HAMILTON ON SLAVERY
213
notjust an issue of therightof mento be free,butalso thecorrespondingdutyof mennot to enslaveothers.
Yet Hamiltonbelievedthatlibertyis groundedabove all else in
thenaturalrightsof mankind.
At thesame time,he certainly
recognized theproblemsposed by a Hobbesianunderstanding
of natural
rights,and explicitlyrejectedthatunderstanding.
Accordingto
Hamilton,Hobbes held thatman in a stateof natureis:
Moral obligation
Perfectlyfreefromall restraintof law and government.
accordingto him, is derived fromthe introductionof civil society; and
thereis no virtue,but what is purelyartificial,the mere contrivanceof
politicians,forthe maintenanceof social intercourse.But the reason he
ran into this absurd and impious doctrine,was, thathe disbelieved the
existenceof an intelligentsuperintending
principle,who is the governor,
and will be the finaljudge of the universe.19
In oppositionto Hobbes,Hamiltoncontended
that"good and wise"
menlike Grotius,Puffendorf,
Locke, Montesquieu,and Blackstone
averredthatthereis an "eternaland immutablelaw, whichis, indispensably,obligatoryupon all mankind,priorto any human
institution
whatsoever."20Thatis to say,althoughmanin thestate
of natureis perfectly
freeto orderhis actionswithoutthe consent
of othermen,his actionsmustnonethelessconformto the law of
naturewhich,farfromgranting
in
everyman a rightto everything
thenameof his own self-preservation,
proscribes
violatingthenatural rightsof others.
of natuMoreover,if we turnto Hamilton'sown interpretation
ral law,we findthatit essentially
accordswiththemoretraditional
understanding.
Accordingto Hamilton,the law of natureis discoveredby reasonwhichnaturegave mannot onlyto help himin
his existence.""2To
"preserving"himselfbut also in "beatifying
one's
is
existence
to
the
narrow
dictatesof selfbeatify
go beyond
to
discover
and
such
as
preservation
pursue
things are "consistent
with [man's] dutyand interest."22
thepromulgation
Furthermore,
of thenaturallaw does notbecomean acute issue withHamilton,
because the basic naturallaw is more obvious thanLocke suggests:"The sacredrightsof mankindare notto be rummagedfor,
among old parchments,or mustyrecords.They are written,as
with a sun beam in the whole volume of humannature,by the
handof thedivinity
itself;and can neverbe erasedor obscuredby
19. Hamilton,
"The FarmerRefuted,"
PAH, 1:87.
20.Ibid.
21. Ibid (emphasisadded).
22. Ibid.,p. 88 (emphasisadded).
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THE REVIEW OF POLITICS
214
mortalpower."23In otherwords,Hamiltonfollowsthe Declaration (and even the Bible) in arguingthatNatureendowed man
withnaturallibertywhich"is a giftof the beneficentCreatorto
the whole human race."24 As a giftfromgod or natureto man,
ratherthana giftfrommanto man,man's naturalliberty"is nota
thing,in its own nature,precariousand dependenton humanwill
totheconstitution
As man's
andcaprice;butis conformable
ofman.""25
than
himself,he
libertyis an endowmentfromsomethinghigher
mustrespectthe libertyinheringin all men as men (even those
outside of the social compact). Consequently,we see that in
Hamilton'sstateof nature,the law of naturedeniedall men "any
or libmoralpowerto depriveanotherof his life,limbs,property
erty."26To be sure,thisdoes notmeanthatthereare no violations
of rightin thestateof nature,buttheexistenceof "moralpower"27
in additionto physicalpower means thatthe respectforman's
naturalrightsgoes beyonda matterof rationalcalculationto secure one's own self-preservation.
Hamiltonevenwentso faras to claimthatman'snaturalrights
ThusHamilton,
"oughtto be heldsacredby everyrationalbeing."28
believedthatman'srationaturallaw theorists,
like othertraditional
nalityleads not to the denial but to the recognitionof "sacred"
mustbe retheserestraints
restraints.29And as a practicalmatter,
to
be
but
for
them
natural
"sacred"
as
not
fullyrespected
just
garded
of rightsappliedspeby men.In fact,we can see thisunderstanding
cificallyto the issue of slaveryby reviewingthepreambleto the
of theNew YorkManumission
constitution
SocietywhichHamilton
its
members:
signedas one founding
The benevolentCreatorand Fatherof Men having given to themall, an
equal Rightto Life, Liberty,and Property;no SovereignPower,on Earth,
can justly deprive them of either; but in Conformityto impartial
Governmentand laws to which theyhave expresslyor tacitlyconsented.
23.Ibid.,p. 122.
24.Ibid.,p. 104.
25. Ibid. (emphasisadded).
26. Ibid., p. 122.
to
27. At the timeof Hamilton'swriting,"moral"causes or powerreferred
fromnature(i.e., moralor "manbothethicsas well as therealmof manas distinct
made"causes had notyetbeen drainedof ethicalcontent).
28. Ibid.,p. 134 (emphasisadded).
whenreferring
uses "sacred"and naturalinterchangeably
29. Notably,
Hamilton
whichHobbesandLockedo notadopt.Compare
a convention
to man'snatural
rights,
Samuel Pufendorf,On the Duty of Man and CitizenAccordingto Natural Law (New
York:Cambridge
Press,1991),bk. 1, chap.3, ? 9-12,pp. 35-37.
University
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HAMILTON ON SLAVERY
215
It is ourDuty,
bothas freecitizens
andChristians,
notonly
therefore,
toregard,
withcompassion
andInjustice
donetothose,among
us,who
areheldas Slaves,buttoendeavor
toenable
bylawful
waysandmeans,
themto Share,equallywithus,inthatcivilandreligious
with
Liberty
whichan indulgent
Providence
hasblessedtheseStates...30
Here we have a clear assertionof Lockean naturalrightsthatincludes a corresponding
dutyas freecitizensto see thatthe full
of
those
rightsare extendedto slaves.
enjoyment
Hamilton
didnotregardtheend
Yet,unlikethelaterAbolitionists,
of slaveryas a moralobligationthatsimplytrumped
the rightsof
slaveholders.
his
extensive
efforts
to
thatthegovensure
Indeed,given
ernment
secured
the
of
Hamilton,like the
properly
rights property,
restof theFounders,is chargedwitha certainmoralcravennessin
dealingwiththeproblemof slavery.The issuethenbecomesnotjust
one of discovering
in Hamilton'sthought
a trulymoralbasis foropbut
also
one
of
how farhe was willingto
posingslavery,
discovering
in
the
of
to therights
ofproperty.
Fortugo sacrificing rights humanity
his views on thematterbecausehe
nately,we need notextrapolate
addressedtheissue.In a generaldiscussionon theextentto
directly
whichnecessity
immoral
cited
actions,Hamilton
mayexcuseotherwise
thecase of "certainfoedal[sic] rightswhichonce oppressedall Eutoogreata partofit."Theserights
"madeabsolute
ropeandstilloppress
slaves of a partof thecommunity
and rendered
theconditionof the
of the remainder
notmuchmoreeligible."Algreatestproportion
theserightswerenevertheless
to
thoughlong-established,
"contrary
theSocialorderandto thepermanent
welfareof Society,"
andso were
abolished"and "maybe abolishedin all theremaining
"justifiably
Of
ofthearistocracy
in Europe
vestiges."31 course,ifthefeudalrights
enslaveda largeportionof itspopulation,
thenAmericawas guiltyof
a similarinjustice,
sinceittoo granted
certain
whichmadeabsorights
lute slaves of a partof the community,
namely,Negroes.We may
therefore
inferthattherightsofAmericanslaveholders
mightjustififorthesakeofthehigher
to
ablybe sacrificed
goodsof lifeandliberty
whicheveryhumanbeingis entitled
as naturalrights.
This does not mean,however,thatthe rightsof property
may
be ignoredin thepursuitof thepermanent
welfareof society.Accordingto Hamilton:
30. New-York
Historical
New YorkManumission
Society,
SocietyRecords,6:3-4,
9. Hereafter
citedas NYMSRecords,volumeandpage number.
The overtly
religious
languageprobablyreflectsthesignificant
presenceof Quakersin thesociety.
31. Hamilton,
"The Vindication
No. III," PAH, 11:472.
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THE REVIEW OF POLITICS
216
a right
Wherever
indeed
ofproperty
is infringed
forthegeneral
good,if
thenature
itought
ofthecaseadmits
tobe made;butif
compensation,
thatimpracticability
be impracticable,
nottobe an
compensation
ought
obstacle
toa clearly
essential
reform.32
It should be reiteratedthat Hamiltonwas not an Abolitionist.
While believingin the injusticeof slavery,Hamiltondeniedthat
the pursuitof abstractjustice entitledcitizens to overturnthe
Slaves were long recognizedas propordinaryrules of property.
and
citizens
and
owned slaves withthe expectation
erty,
bought
thatslaves, like any otherformof property,would be secured
by government.
Simplynullifyinga species of propertywithout
compensationwas an unjustact thatendangeredthe livelihoods
(and lives) of slaveholders.But if push came to shove,it is evithatHamiltonwould
dentfromthe second partof his statement
have favored emancipationwithoutfull compensationif full
compensationwere impracticable. In other words, Hamilton
believed thatthe rightsof humanitytake precedence over the
rightsof propertywhen the two conflict.He hoped, however,
that a way could be found that would rendermaking such a
starkchoice unnecessary.
PuttingSlaveryon a Course ofUltimateExtinction
SLAVERY AND THE REVOLUTIONARYWAR
The firstattemptat a compensatedemancipationwas conceived earlyin Hamilton'scareerby his friendJohnLaurenswho
thatthe statesof SouthCarolinaand Georgiaraise
recommended
several battalionsof Negro troopsunderthe commandof white
officersto aid in the defenseof the Southduringthe Revolutionary War.33 The Congress would pay slaveholdersup to one
thousanddollarsforeach slave thatwas enlisted,and upon faithful completion of service, each Negro soldier would "be
emancipatedand receive the sum of fiftydollars."34 Hamilton
endorsedthe plan to JohnJaywhile Jaywas presidentof the
ContinentalCongress,but anticipatedsubstantialoppositionto
it because of prejudiceand self-interest.
Prejudicecame from"the
for blacks," and
entertain
to
we
have
been
taught
contempt
"makesus fancymanythingsthatare foundedneitherin reason
32. Ibid.
Letterto JohnJay,14 March1779,PAH,2:17-19.
33. Hamilton,
34. Library
ofCongress,
Journals
1774-1789,1 Jan.Congress,
oftheContinental
D.C.: Government
22 April1779 (Washington,
Office,1909), 13:387-8.
Printing
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217
HAMILTON ON SLAVERY
nor experience."35 Notably,Hamilton
didnotsharethe common
prejudice of SouthernersconcerningNegroes, which is all the
moreextraordinary
on Nevis wherea white
given his upbringing
relied
on
black slaves forits way
plantationaristocracylikewise
of life.He did not even "hazard"a mere"supposition"of a natural inferiorityof Negroes as Jeffersondid. On the contrary,
Hamiltonbelievedit was "theirwantof cultivation
(fortheirnatural faculties are probably as good as ours) joined to that habit of
subordinationwhich they acquire fromservitude" that made
Negroes inferior.36Indeed, his more optimisticassessmentof
Negroes' abilities permittedhim to hope thatmilitaryservice
could contributeto the moral improvement
and possible inclusion (or at least avoid a rigorous exclusion) of Negroes in
American society. Giving Negroes "their freedomwith their
muskets,"will "securetheirfidelity,animatetheircourage,and I
believe will have a good influenceon thosethatremain,by opening a door to their emancipation."37 Withsuccessfulservice,
Hamilton hoped thatNegroes would prove to themselvesand
perhapsto otherAmericansthatthey,like the restof Americans
who foughtin the RevolutionaryWar,were not simplyentitled
to theirfreedom,but worthyof it.
"Truepolicy" also led Hamiltonto endorsethe plan because
he predicted,"if we do not make use of themin this way, the
of Lord Dunmore
enemyprobablywill."38Withtheproclamations
and Sir HenryClinton,GreatBritainwas able to exploitAmerica's
especially vulnerablesouthernflankin this way, and Hamilton
singledout Virginiaforbeing "incumberedby a numerousbody
of slaves boundby all the laws of injuredhumanity
to hate their
Masters."39 Modern experience quickly confirmedthe lesson
Hamiltonhad learnedfromPlutarchwho detailed how Sparta's
helotsweretheAchillesheel of thatancientrepublic.40Hencethe
threatthatslaveryposed to the nation'ssecuritywas not a matter
of fleetingconcern.Duringthe Quasi-WarwithFrance,forexample, Hamiltonexpressedhis fearthatFrance (which in 1794
bannedslaveryin its territories)
would turnAmerica'sslaves into
a fifthcolumn:"In the Southwe have a vast body of blacks. We
35. Hamilton,
Letterto JohnJay,14 March1779,PAH,2:18.
36. Ibid. (emphasisadded).
37. Ibid. (emphasisadded).
38.Ibid.
39. Hamilton,
Eulogyon NathanaelGreene,4 July1789,PAH,5:351.
40. Hamilton,
1777Pay Book,PAH, 1:403-404.
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218
THE REVIEW OF POLITICS
know how successfulthe Frenchhave been in innoculatingthis
descriptionof men and we oughtto considerthemas the probable auxiliariesof France."41
Whilethedictatesof humanity
and truepolicywereenoughto
the
Continental
to
persuade
Congress endorseLaurens'splan,they
werenotenoughto overcomethe stronger
prejudiceand self-interest of the lower Southernstates which balked at the scheme.
someNorthern
and mid-Southern
statesadoptedsimiNevertheless,
lar plans whichtheyimplemented
withoutthe involvement
of the
Anddespiteitsimmediate
failureto gainwidegeneralgovernment.42
theplanfurnished
thebroadoutlinesfora general
spreadacceptance,
like Jefferson
and Madisonwould
emancipation.
ManySoutherners
further
insistthatformer
slavesbe removedfromthecountry
(or at
least fromthe whitepopulation).In addition,all plans requireda
sourceof fundsto defraythe costs. Jefferson
and Madisonwould
favorusingtheproceedsfromthe sale of westernlands.Although
Hamiltonneverwroteanything
specificon how to funda general
he
did
his
to
claim
that
emancipation,
funding
systemwas intended
servenotonlythelowerendsof security
and prosperity
butalso the
to undertake
"liberal
higherend of enablingthefederalgovernment
or enlargedplans forthepublicgood."43 He also settheprecedent
to providepowerful
forthefederalgovernment
aid to thestateswith
his plan to assumethestatedebtsleftoverfromtheRevolutionary
War.Surelyif Hamiltonthoughtit properforthe federalgovernmentto ease theburdensof thestatesthathad providedmostforthe
commondefense,it is reasonableto supposethatonce thenation's
financesimproved,he would have endorsedlendingthe federal
government's
supportto thestatesfora compensated
emancipation
in orderto establishjusticeand promotedomestictranquility.
More41. Hamilton,
Letterto WilliamLoughton
Smith,10 April1797,PAH,21:33,39.
Hamiltondid not submita plan similarto Laurens'sduringthe Quasi-Warwith
France presumablybecause of the Deep South's oppositionto one duringthe
theConstitution's
of slaveryuntil1808,andespecially
Revolution,
explicitprotection
the"probable"loyaltyof slavesto France.See Letterto CharlesCotesworth
Pinckey,
19 September
21 April1800,PAH,24:418;Letter
from
William
C. Bentley,
1799,p.438nl.
It is also notablethattheNew YorkManumissionSocietyhelpedto procurethe
the
freedom
of blackslavesof Frenchimmigrants
fromtheWestIndieswhoentered
to
on a committee
UnitedStatesafterthe 1794Frenchdecree(withHamiltonsitting
9:69.
thesociety's
fordoingso). See NYMSRecords,
establish
7:172,196-200;
procedure
in America:FromtheIntroduction
42. MaryStoughton
Locke,Anti-Slavery
of
of theSlave Trade(1619-1808)(Boston:Ginnand
AfricanSlaves to theProhibition
1901),pp. 82-83.
Company,
43. Alexander
JamesMadison,andJohnJay,TheFederalist
Hamilton,
Papers,ed.
ClintonRossiter,
intro.CharlesR. Kesler(NewYork:Mentor,
1999),No. 30, p. 159.
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HAMILTON ON SLAVERY
219
and
over,as we shall see in greaterdetail,Hamilton,like Jefferson
an
than
immediate
a
rather
favored
Madison,
emancipation
gradual
feasible.
whichwouldmake such an undertaking
AND EMANCIPATION
UNION, THE CONSTITUTION,
at extinBeforewe proceedto examineHamilton'sotherefforts
a briefsurveyof his viewsof theConstitution
would
slavery,
guishing
setlimitson whatcouldbe done
be usefulinasmuch
as thedocument
becametheobjectof intensedebatein
in theneartermand eventually
To beginwith,it should
thestruggle
overAmerica's
peculiarinstitution.
be notedthatHamiltonregardedthe Constitution's
temporary
prowhich
tectionof slaveryas the"resultof thespiritof accommodation,
its indulgence,
theConvention;
and without
no unioncould
govemrned
"It willhowbeen
he
added:
have
formed,"
though pointedly
possibly
thatslavesare considered
as
everby no meansbe admitted,
altogether
of
are
to
the
condition
slavery.'"44
property.
They men,though
degraded
Hamilton'sgreatestfearwas theviolentdeathof theUnionbecause
therewas no doubtin his mindthatit was thesine qua non forthe
and liberties,
andhe warnedthatwithout
theUnion,
nation'ssecurity
and southern
conAmericawouldsplitintomutually
hostilenorthern
andotherFounders
hadto be cautious
federacies.45
Hamilton
therefore
in theirpush to end slavery,particularlyduringthe national
a rupture
lesttheytrigger
thatwouldprostrate
infancy,
govemrnment's
thenationalgovemrnment
and thereby
to
precludeany federalefforts
At thesametime,theConstitution's
concessions
extinguish
slavery.46
to slaverywerenot intendedto be permanent
as evidencedby the
in 1808oftherestriction
on banning
theimportation
ofslaves.
expiration
to assertthatHamilton's
Indeed,therearemorethanadequategrounds
of the Constitution,
interpretation
perhapsmore than any other
withtherequisitepowFounder's,suppliedthefederalgovernment
ersto confineand eventually
extinguish
slavery.
In generalterms,Hamiltonhimselforiginatedthe doctrineof
a "liberalconstruction"
of thepowersof thefederalgovernment.47
44. Hamilton,
Remarksin theN.Y. Ratifying
20 June1788,PAH,
Convention,
5:24. DuringtheConstitutional
Hamiltonproposedthatrepresentation
Convention,
in thenationallegislature
be based solelyon thenumberof freeinhabitants.
Max
Farrand,
ed.,TheRecordsoftheFederalConvention
of1787(NewHaven:YaleUniversity
Press,1966),1:36.
45. TheFederalist
Papers,Nos. 6-8,11,pp.21-39,59.
46. See also DonaldL. Robinson,
Politics,
Slaveryin theStructure
ofAmerican
1765-1820(New York:Harcourt,
Brace,Jovanovich,
Inc., 1971),p. 425.
47. Hamilton,"Opinion On the Constitutionality
of an Act to Establisha
NationalBank,"PAH,8:105.
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220
THE REVIEW OF POLITICS
if thedecisionof (fellowFederalist)ChiefJustice
More specifically,
JohnMarshall in Gibbons v. Ogden (1824), giving the federal
wide latitudeto regulateinterstatecommerce,was
government
indication
of Hamilton'sown views, the federalgovernment
any
had
the power to "interfere"with the slave trade
undoubtedly
betweenthe statesand possibly even withinthe states.48As for
Article4, section3, of the Constitution
theterritories,
specifically
addressesthe matter:"The Congressshall have Powerto dispose
of and make all needfulRules and Regulationsrespectingthe
or otherPropertybelongingto the UnitedStates."The
Territory
the word "needful."Hamilton,of
only problemis interpreting
on themeaningof a synonymous
word,
course,dilatedextensively
necessary,whichhe argued"oftenmeans no morethanneedful,
useful,or conduciveto."49In Hamilton'sview,
requisite,incidental,
the word necessarywas not intendedas a restrictiveadjective,
and so Congress would be well withinits prerogativesto ban
theterm
construed
Madison,by contrast,
slaveryin theterritories.
"the
interdict
and
therefore
did
not
consider
of
slavery
narrowly
among the needful regulations contemplated by the
constitution.""5Raising revenue for a plan of compensated
emancipationwould likewise pass constitutionalmustergiven
did
Hamilton's opinion thatso long as the federalgovernment
not spendmoneyfora purposewhichis "merelyor purelylocal,"
As forthe
then"therecan be no wantof constitutional
power.""51
relatedissue of states'rights,Hamiltonforetold"thetendencyof
the doctrinesadvancedby Virginiaand Kentuckyto destroythe
of theUnitedStates,"and set theprecedentforusing
Constitution
whenhe called out federaltroops
forceto defendthe Constitution
to quell theWhiskeyRebellion.52In sum,Hamilton'sinterpretation
of the Constitutionarmed the federal governmentwith ample
even at thepointof
powerto put slaveryon a pathto extinction,
the bayonetif necessary.
48. Gibbonsv. Ogden, 9 Wheat1, 6 L. Ed. 23 (1824). An inletforthefederal
reservation
withslavery
within
thestatescomesfromMarshall's
to interfere
government
to a state.Since the
internal"
thatis "completely
to thestatesonlysuchcommerce
be eligible
andtherefore
of slavelabordidcrossstatelines,they,
might
slavery,
products
v.Filburn(1942).
forregulation
bythefederalgovernment.
CompareWickard
of an Act to Establisha
49. Hamilton,"Opinion On the Constitutionality
NationalBank,"PAH,8:102-103,98.
toRobert
50. JamesMadison,Letter
1819,inJamesMadison:
Walsh,27 November
(New York:The LibraryofAmerica,1999),p. 740.
Writings
of an Act to Establisha
51. Hamilton,"Opinion On the Constitutionality
NationalBank,"PAH,8:129.
52. Hamilton,
Letterto TheodoreSedgwick,2 February1799,PAH,22:452.
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HAMILTON ON SLAVERY
221
Beforeit came to that,however,Hamiltonhoped thatgentler
methodscould be employedforthe gradualabolitionof slavery.
First,therewas his conductof Americanforeignpolicywhichdisforslaves. Second,therewerehis efforts
playeda clear sympathy
to bringabout a gradualemancipationthroughthe stateabolition
societies.Finally,therewas his programto makeAmericaa commercial rather than an agrarian society which would both
undermineslaveryand providethe best viable economicalternative to it.
SLAVERY,HAITI,ANDTHEJAYTREATY
to ease
Hamilton'sefforts
Two issuesof foreign
policyillustrate
the plightof slaves. The firstconcernedAmerica'sresponseto a
series of slave revoltsthatbegan in 1791 on the island of Saint
Domingue, or Haiti, eventually led by Francois Dominique
to the
Toussaint.53Hamiltoninitiallyfavoreda policy "restricted
the
idea
of
from
destruction
famine"
single
preserving colony
by
because it was unclearwhichgovernment,
Frenchor slave, warrantedrecognition,
butwhenToussaintfinallymanagedto become
thestrongest
forceon theislandin 1798,Hamiltontiltedin favorof
Toussaint.54 AfterCongresspassed a law whichauthorizedopening relations with Toussaint's governmentin 1799, Hamilton
instructedTimothyPickering,secretaryof stateunderPresident
Adams,to give Toussaintverbalassurancesthat"upon his declawill be opened,
rationof independencea commercialintercourse
and continuewhilehe maintains
to our
it,and gives due protection
vessels and property."
AlthoughHamiltonbelievedthattheUnited
States shouldnot commititselfto Haiti's independence,he was
inclined"to thinkthe declarationof independenceoughtto proceed."" Certainly,geopolitical considerationsinfluencedhis
was perposition,butit does showthatHamilton(unlikeJefferson)
a
to
embrace
nation
of
free
in
close
blacks
fectlywilling
proximity
to theUnitedStates.56
andtheFounders,
53. Finkelman,
Slavery
p. 121;Robinson,
SlaveryintheStructure
Politics,pp. 347-77.
ofAmerican
54. Hamilton,Letterto GeorgeWashington,
19 Nov. 1792,PAH, 13:171. The
was likewiseunstable.RobertA. Hendrickson,
Frenchgovernment
The Rise and
Fall ofAlexander
Hamilton(New York:VanNostrand
ReinholdCo., 1981),pp. 504505.
55. Hamilton,Lettersto TimothyPickering,9 & 21 February1799, PAH,
fail to mentionthatPickeringreceivedhis
22:475,492-93.Historiansfrequently
in thismatter(as in mostmatters)fromHamilton.
instructions
56. Finkelman,
Slaveryand theFounders,
pp. 121-23.
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222
THE REVIEW OF POLITICS
The issue of slaveryonce again rearedits head in the debate
overratification
of theJayTreaty.Followingtheend of theRevoluBritain
carriedaway a numberofAmericanslaves and
War,
tionary
latermanumitted
themin apparentviolationof thetreatyof peace.
This infuriated
Southernslaveholdersespeciallybecause manyof
themweregroaningundertheweightof debtsowed to Britishcitizens (althoughSouthernersfeltno compunctionin seizing and
selling Tory estates and slaves).57 Many Southerners
(including
Jefferson
and Madison)wantedto stipulatein anysubsequent
treaty
withBritainthatthoseslavesbe returned.
The JayTreaty,
however,
remainedsilenton the issue whichmeantthatthe UnitedStates
was unlikelyeverto pressany claimson thematter.
In contrast
to Southerners,
Britain's
Hamilton,whileadmitting
nefarious
wereon Britain's
tactics,assertedthat"Truthand Justice"
sidebecausethelaws of nationscontaina certainhierarchy.
Although
in
in
war
to
be
as
restored
property
ought
captured
stipulated a treaty,
slaves werenotmereproperty
buthumanbeingsendowedwithunalienablerights.
Sincetherights
ofhumanity
arehigher
thantherights
of property,
the
freed
slaves
would
have
been
returning
wrong:"If
oncedeclaredfree,couldthegrantbe recalled?CouldtheBritish
Government
the
of
men
free
to
surrender
made
slavery?Is it
stipulate
if theywill
naturalto put such a construction
words
upon general
Is notthisas it regards
of humanity
an odious
bearanother?
therights
that
This
does
that
Hamilton
believed
not
mean,however,
sense?""58
slaves
without
their
owners
should
be
a
general
freeing
compensating
himwas: giventhattheslaveshad alpractice.The issueconfronting
theslaves
whichwouldbe thegreater
evil-returning
readybeenfreed,
theirowners?Hamilton
believedthatreturnor failingto compensate
ing the slaves was the greaterevil and had the courage and
to defendhis positiondespitetheharmit causedto domagnanimity
mesticAmericaninterests.In otherwords,Hamiltonsanctioneda
notin thenameof low necesbreachof faithtoAmerican
slaveholders
sity,butin thenameof a highermoralobligation.
THE STATEABOLITIONSOCIETIES
to end slaefforts
AftertheRevolutionary
War,moresignificant
in thestates(whichwerefreeto legislateon thematter
veryoccurred
societofabolition
or manumission
as theysaw fit)withtheformation
57. SamuelF. Bemis,
1923),pp.96-102;Jerald
(NewYork:Macmillan,
Jay'sTreaty
A. Combs,TheJayTreaty
of California
Press,1970),p. 83;
(Los Angeles:University
Mary StoughtonLocke, Anti-Slaveryin America,p. 84.
58. Hamilton,"Remarkson the Treatyof AmityCommerceand Navigation
latelymade betweenthe UnitedStates and GreatBritain,"PAH, 18:417; "The
Defence,"No. III, PAH,18:513-23.
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HAMILTON ON SLAVERY
223
in need
homestateofNew Yorkseemedin particular
ies.59Hamilton's
of sucha societysinceit possessedmoreslaves thanthecombined
the
totalof thestatesnorthof theMason-DixonLine.60Accordingly,
theManumission
of Slaves was orNew YorkSocietyforPromoting
JohnJaywas elected
ganizedin 1785 withHamiltonin attendance.61
its firstpresident,
and Hamiltonwas appointedchairmanof a comforthesociety'scode
mitteechargedwithmakingrecommendations
that
of conduct.Hamilton'scommittee
members
undertake
proposed
a gradualemancipation
whichwouldfreetheiroldestslavesimmedionesby theage of 35.62 Theproposalfailedto
atelyandtheiryoungest
in 1809
musterenoughsupport
to pass and ultimately
died (although
the societydeniedmembership
to anyoneowningslaves).63As was
his wont,Hamilton
was pushingtoo hardtoo fast.Whether
Hamilton
himself
ownedslavesis notentirely
McDonaldmakes
clear,butForrest
a solidcase thathe didnot." In anyevent,hisproposalwouldserveas
thebasisforthepolicyof gradualemancipation
thatthesocietywould
wouldalso draurgeforthestateas a whole.Gradualemancipation
cutthecostsof emancipation
becauseit entailedfreeing
not
matically
adultslaves,butthechildren
of slavesbornaftera certainfuture
time.
The children,
in turn,wouldbe boundto theirmastersessentially
as
indentured
servantsuntiltheyreachedadulthood(mostcommonly
theage of 21 or 28) whichwouldmorethancoverthecostsof rearing
them.And since infants(who had to be rearedand frequently
died
beforeadulthood)were worthless thana tenthof an adult slave
valuedan infantat $12.50 comparedto theadultpriceof
(Jefferson
the
costsof compensating
slaveholders
wouldbe manageable.65
$200),
Hamiltonremainedan activememberin thesocietyduringhis
and servingon variouscommitlife,becomingits secondpresident
59. MaryStoughton
in America,pp. 97-98.
Locke,Anti-Slavery
60. Censusfigures
for1790 showNew Yorkwith21,193slaves,or 6 percentof
itspopulation.
Whilecertainly
noton thescale of theSouth,New York'srelatively
large slave populationunderminesthe view thatslaverywould inevitablybe
there.Inter-University
Consortium
forPoliticaland Social Research,
extinguished
andSocialData: U.S.,1790-1970(Ann
Economic,
Study00003:Historical
Demographic,
Arbor:ICPSR), http://fisher.lib.virginia.edu/cgi-local/censusbin/census/cen.pl.
61. "Attendance
at a Meetingof theSocietyforPromoting
theManumission
of
ofthesociety,
see ThomasR. Moseley,
Slaves,"4 February
1785,PAH,3:597.Fora history
"A History
oftheNew-York
Manumission
Society,1785-1849"(Ph.D. diss.,NwyYork
1963).
University,
62. NYMSRecords,6:29-31.
63.Ibid.,6:61.
64. McDonald,Alexander
Hamilton,
p. 373n12.
65. RobertWilliamFogel and StanleyL. Engerman,
Timeon theCross(Boston:
Little,Brown,andCo., 1974),pp. 35-36;JamesCurtisBallagh,A History
ofSlaveryin
The JohnsHopkinsPress,1902),pp. 130-31.
(Baltimore:
Virginia
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224
THE REVIEW OF POLITICS
tees. He also becameone of thefirstcounsellors-at-law
and served
in thatpost from1798 untilhis death.66
The fourcounsellors
were
for
in
state
laws
responsible suggesting
changes
regardingslavery
and suingon behalfof freeblackswho wereillegallykeptin bondage or capturedand sold.67 In fact,mostof thesociety'sroutine
consistedof efforts
to ensurethatlaws regarding
thefreeoperation
dom of blacks were vigorouslyenforced(whichof course is the
hallmarkof Hamiltonianadministration).
The societywas no less vigorousin pressingthe statelegislaWithintwomonthsof its founding,
turefora gradualemancipation.
the societycirculateda petitionforthatpurposebeforeit was sent
on to the legislature.68
The following
year,Hamiltonwas appointed
to a committee
whichdrafteda petitionurgingan end to theslave
to humanity,
and so inconsistent
trade,"a commerceso repugnant
a freeand
withthe liberalityand justicewhichshoulddistinguish
it
to
enlightened
people."69 Although provedimpossible extinguish
slaveryin one stroke,the societywas contentto pursuea strategy
of incremental
changethatsoon began bearingfruit.In 1785, the
act thatallowed
New Yorklegislature
passed a liberalmanumission
the
slavereached
to freea slavewithout
before
slaveholders
security
also passeda law
In thesameyear,thelegislature
theage of fifty.70
whichprohibited
the sale of slaves broughtintothe state.In 1788,
the legislaturepassed a law thatmade it illegal to purchaseor to
receiveslaves withthe intentto sell themin anotherstate.71The
lattertwo acts paved theway forgradualemancipation
by stanching theflowof slaves intoand out of thestate.WithJay'selection
to governorin 1796, the societypetitionedthe New Yorklegislatureonce again to pass an emancipationact.72 Althoughseveral
bills to thatend were narrowlydefeatedover the thornyissue of
compensation,a gradualemancipationact was finallypassed in
in 1817).73 Beginning
1799 (followedby a definitive
emancipation
on 4 July1799,theact freedall childrenbornto slaves withinthe
66.NYMSRecords,
6:124,142;9:4,7,30,53,75,95,113.
67.Ibid.,6:121.
68.Ibid.,6:17,19.
3:654.
13March1786,PAIH,
toAbolish
theSlaveTrade,"
69.Ibid.,6:37,44;"Memorial
acts
inAmerica,
70. MaryStoughton
Locke,Anti-Slavery
p. 121-22.Manumission
The
formanumission.
andrequirements
did notfreeslaves,buteased therestrictions
a slaveholder
to posta bondbeforemanumitting
mostonerousof thesewas requiring
a publiccharge.
thefreedslavefrombecoming
a slavein orderto prevent
71. NYMSRecords,6:94-95.
72.Ibid.,6:240.
inAmerica,
73. MaryStoughton
123-24,128;FrankMonaghan,
Locke,Anti-Slavery
JohnJay.Defender
Co., 1935),p. 422.
(NewYork:TheBobbs-Merrill
ofLiberty
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HAMILTON ON SLAVERY
225
state,buttheywereto workforthemasterof theirhouseholduntil
theage of 28 if male,25 if female.The act omitted
anydirectcomin
an
of
to
which
was
effect
endorsement
slaveholders
pensation
of
Hamilton'spositionthatthe "impracticability" full compensation"oughtnotto be an obstacleto a clearlyessentialreform."
of slaveswas its mostimportant
Althoughsecuringthefreedom
to helppreventfreeblacks
aim,thesocietywas equallydetermined
fromlanguishing
in a stateof ignorance,dissipation,and poverty.
FreeSchool
Thusin 1787thesocietyopenedthedoorsof theAfrican
The schoolwouldalso
in New YorkCityto educateblackchildren.74
allow thesocietyto demonstrate
to skepticalwhitesthatblacksare
"not inferiorto thoseof fairercomplexions,eitherin acquiringa
behaviour"in much
knowledgeof Lettersor in a pleasingor orderly
thesameway thatHamiltonhopedtheestablishment
of a good nationalgovernment
would "vindicatethehonorof thehumanrace"
againstthe "arrogantpretensionsof the European"who likewise
To thisend,theschooleventually
claimeda "physicalsuperiority."75
heldannualpublicexhibitions,
andnewspaper
coverageof themsoon
followed.76Andgiventheinitialpublicprejudiceagainsttheschool,
it probablywouldnothave had muchsuccesswithouttheimprimaturof such distinguished
figuresas Hamilton,Jay,JamesDuane,
MelanctonSmith,RobertTroup,Noah Webster,
et al.77 Theirinfluence also allowed the societyto obtainfundsforthe school from
thecityof New York,and thestatelegislature.78
privateindividuals,
It was notlongbeforethesocietybecameactivein nationalpoliticsas well.The society'sfirst
effort-amemorial
to theConstitutional
Conventionurginga gradualemancipation-wasabortedwhenthe
was unlikelyto takeup thesubsocietylearnedthattheConvention
ject.79 In 1790,theNew YorkManumission
Societysuggestedthat
the variousstateabolitionsocietiesmeetat annualconventions
to
coordinatetheireffortsand unitein an addressto Congressafter
theirseparatepetitionsto Congressaskingforlimitson the slave
tradefellon deafears.soIn additionto memorials
to Congressandto
74. NYMSRecords,6:80-91.See also CharlesC. Andrews,
TheHistory
oftheNew
YorkAfrican
Free-Schools(New York:MahlonDay, 1830;reprint,
New York:Negro
Universities
Press,1969).
75.NYMSRecords,
6:123;TheFederalist
Papers,No. 11,pp. 58-59.
76. Andrews,
TheHistory
Free-Schools,
oftheNewYork
African
pp. 34-35,38-39,
44-49.
77. NYMSRecords,6:8-13.
78.Ibid.,6:239,264;9:13,39,65,80-81.
79.Ibid.,6:72-74.
80. MaryStoughton
in America,
Locke,Anti-Slavery
p. 101.
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226
THE REVIEW OF POLITICS
thestatelegislatures,
theconventions
also preparedaddressesto the
citizensof theUnitedStatesat large.Whileit is uncertain
whether
Hamiltonhad a directhandin composingtheseaddresses,it is certainthattheabolitionsocietiesobjectedto leavingthe slaveryand
antislaveryintereststo be checkedand channeledwithinthe maof mereinterest
chineof government
becauseslaverywas nota matter
on
thatthepeople could voteup or downdepending whetherthey
theslaveinterest
as Publius
founditprofitable.
was a "faction"
Rather,
definedthe term-an interestderivedfromthe passion of avarice
and to thecommongoodopposedbothto therightsof individuals
insidiousand virulentsuch
and the slave factionwas particularly
thatit could notbe contained,muchless overcome,solelyby the
The slave
of theimproved
scienceofpolitics."8
"auxiliary
precautions"
at moldfactioncouldultimately
onlybe overcomeby directefforts
ingpublicopinion,or to use thelanguageof Federalist,No. 10, by
givingcitizens"thesameopinions,thesamepassions,and thesame
withrespectto slavery.Americanswouldhaveto be ininterests"82
culcatedwiththebelief"thatthebenevolentAuthorof naturehas
in thehumanrace,and thatall theinmadeno effectual
distinction
havea commonclaimupon
dividualsof thegreatfamilyof mankind
thatis was
the generalfundof naturalbounties,"and furthermore,
of the
foran eventualextinction
theirdutyto "lay the foundation
evil
our
mighty throughout land."83
SLAVERYAND COMMERCE
in citizensan
thenecessityof inculcating
Whileunderstanding
thenecesHamilton
also
understood
opinionthatslaverywas wrong,
reinforce
both
thatwould
framework
an institutional
sityofestablishing
Not
to slavery.
thatopinionand providea viableeconomicsubstitute
believed
to do justthat.Hamilton
to commerce
he turned
surprisingly,
inthatcommercein generalhas its own ethoswhichis essentially
withslaveryandas suchtendsto undermine
it,buthe also
compatible
industrial
believedthatAmericawouldhave to pursuea thoroughly
ifit was to putan endto slaveryonceandforall.84
commerce
81. TheFederalistPapers, No. 51, p. 290; No. 9, p. 40.
82. Ibid.,No. 10,p. 46.
of Delegatesfrom
of theSeventhConvention
83. "Minutesof theProceedings
in different
theAbolitionSocietiesEstablished
partsof theUnitedStates,Assembled
at Philadelphiaon the Thirdof June,One ThousandEightHundredand One"
ZachariahPoulson,Jr.,1801),pp. 37, 41.
(Philadelphia:
84. Therehas been a vigorousacademicdebateover whethercommerceby
itselfwouldhave putan endto slavery.For an excellentbibliographic
essayon the
subject, see Jeffrey
Rogers Hummel, Emancipating Slaves, Enslaving Free Men: A
Historyof theAmerica Civil War(Chicago: Open Court,1996), pp. 61-75.
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HAMILTON ON SLAVERY
227
The ethoswhichHamiltonsaw as the main culpritin producing slaveryis whatHegel would latercall the masteror warrior
ethic,epitomizedin the ancientrepublicsof Sparta and Rome.
Sparta,of course,was renownedforits helotsand imperialism.85
The historyof Rome likewise"provesthatWarand Conquestwere
the greatbusinessof thatPeople."86In delvingintoancientRoman
law, HamiltonlearnedfromCicero thatthe Romans derivedthe
and of makingslaves of the per"rightof capturingthe property
sons of enemies" from"the rightof killing them,which was
regardedas absolute and unqualifiedextendingeven to Women
and Children."87This "horrible"and "detestable"doctrinealso
servedto justifyenslavingall whomthe Romansregardedas enemies.88As a result,Rome's dependentprovinces"weremade the
continualscene of rapineand cruelty."89
In fact,Hamiltonbelievedthatthepracticeof slaveryis itself
nothingmorethanwar carriedfromthe battlefieldto the household.The slaveholder
"riotsin thespoils"of thelaborof his slave,
and "despisesthe handby whichhe is fed." Slaveryinflamesthe
ambition,avarice, and lusts of the masteras his everywhimis
tendedto whiledemeaningand dehumanizing
the slave.90 In short,
in
a
to
is
"fatal
and
and "tendsto
slavery
regime
religion morality"
debase themind,and corruptits noblestspringsof action."9'
In Montesquieu'sanalysisof theancientrepublics,slaverywas
necessaryto provideformenwho devotedthemselvesto military
and politicalglory,and to a lesserextent,leisuredpursuitslike the
liberalarts.As an activitygroundedin man'snecessitiesratherthan
his freedom,toilingforone's bread was regardedwithcontempt.
Therefore
"one did notwantthecitizensto workin commerce,
agricultureor the [mechanical]arts."92Indeed,theancientcitiesso
despisedlaborand commercethatDavid Humewas unableto find
"a passage in any ancientauthor,wherethegrowthof a cityis ascribedto the establishment
of a manufacture."93
85. Hamilton,
"1777 Pay Book,"PAH,1:403.
86. Hamilton,
"The DefenceNo. XX," PAH, 19:332.
87. Ibid.,pp. 332-33.
88.Ibid.,333.
89. Hamilton,
"A Full Vindication,"
PAH, 1:53.
90.Ibid.
91.Ibid.
92. Montesquieu,
TheSpiritoftheLaws,trans.AnneM. Cohler,Basia C. Miller,
and HaroldS. Stone(New York:CambridgeUniversity
Press,1989),part1, bk. 4,
chap.8, pp. 40-41.
93. David Hume,"Of thePopulousness
ofAncientNations,"in Essays: Moral,
andLiterary,
ed. EugeneF. Miller(Indianapolis:
Political,
Classics,1987),p. 418.
Liberty
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228
THEREVIEWOF POLITICS
it was preciselytherelativelack
Yet,accordingto Montesquieu,
of commercethatwas largelyresponsibleforthe spiritof rapine
thatpervadedthe ancientrepublics.Montesquieufamouslyargued
that"everywhere
thereis commerce,
thereare gentlemores."While
that
"commerce
admitting
corruptspure mores,"it "polishesand
softensbarbarous mores."94Hamiltonconfirmed
Montesquieu's
basic analysisin Federalist,
No. 8:
The industrious
habitsof thepeopleof thepresentday,absorbedin the
of agriculture
and
pursuitsof gain and devotedto the improvements
are incompatible
withthecondition
of a nationof soldiers,
commerce,
whichwas thetruecondition
of those[ancient]
republics.95
Hamiltonalso agreedthatcommercehas a "softening
and humanizhe was farless
ing influence"on themoresof men.96Nevertheless,
sanguinethanMontesquieuabout commerce'sabilityto tamethe
in Federalist,
warlikespiritof man as evidencedby his arguments
No. 6, thatthe spreadof commercewouldnotput an end to wars
Henceit is moreaccurateto say thatHamiltonbeamongnations.97
to restrain
thespirit
lievedthatcommercehad a moderatetendency
and to thatextentthepracticeof slavery.
of themaster,
wouldalso
In additionto humanizing
people'smores,commerce
to promotethe
humanizepeople'sopinionsby virtueof itstendency
of moral
cultivationof the arts.Hamiltonsaw the "improvement
sciencein modemtimes"as beingresponsibleforrejecting"altowould
Commerce
gethertherightof imposingslaveryon captives."98
in moralknowledgeas
of suchimprovements
assistin thediffusion
and assimilatesmanners.99
it eases communication
As usefulas it would be in humanizingpeople's moresand
opinions,commercewould be moreusefulin supplyinga viable
to slavery.But notjust anyformof commerce.
economicalternative
becausetheagrariancomcommerce
It wouldhave to be industrial
mercethatDrew McCoy sees as theheartof thepoliticaleconomy
and Madison (and the Democratic-Republicans
of Jefferson
gento eliminate
erally)would onlymake it thatmuchmoredifficult
TheSpiritoftheLaws,part4, bk.20, chap.1,p. 338.
94. Montesquieu,
95. TheFederalistPapers, No. 8, p. 37.
"The DefenceNo. XX," PAH,19:332.
96. Hamilton,
97. TheFederalistPapers,No. 6, pp. 21-28. See also Karl-Friedrich
Walling,
(Lawrence,KS:
RepublicanEmpire:AlexanderHamiltonon Warand Free Government
Pressof Kansas,1999),pp. 176-85.
University
"The DefenceNo. XX," PAH,19:333.
98. Hamilton,
99. Montesquieu,The Spiritof the Laws, part 4, bk. 20, chaps. 4-5, p. 357. The
FederalistPapers, No. 60, p. 335.
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HAMILTON ON SLAVERY
229
from
slaverysince the demandforslaves came overwhelmingly
Prolongingthe "agriculturalstage" in
(plantation) farmers.100
Americavia westwardexpansionmeantin effectprolongingthe
curse of slavery.By contrast,Hamiltonconsideredit unwise to
impulseto a transferof people from
provide"any extraordinary
the settledto theunsettledpartsof the country"in partbecause it
would "retardthe progressof generalimprovement."101'
Progress
more
and
farmers.
not
cities
and
manufacturers,
villages
required
And the progressof manufactures-whichHamiltonendeavored
to accelerateby directgovernment
patronage-wouldaid in endof
the
curse
slavery by diversifyingthe economy and
ing
promotingtechnologicalinnovation.
an economyof mere
The mostobvious effectof diversifying
cultivatorsinto an economyof "cultivators,artificersand mershareof theeconomy.In
chants,"102is to reducethe agricultural
that
his
Hamilton
fact,
expected
programto encourage manufactureswould help "to detach a portion of the hands which
would otherwisebe engaged in tillage" and "cause a smaller
quantityof lands to be undercultivation."103This,in turn,would
decreasethe demandforslaves and at the same dilutethe influence of the agricultural interestbent on retaining slavery.
Hamiltonneverdirectlymade this claim-he would
Admittedly,
instead stressthe benefitsto agriculturefrommanufacturingbut he was probablyaware thathis argumentfor diversifying
the economypointedin this direction,especially when consideredin lightof Federalist,No.10.104
Yet if all slaveswereto freed,a substitute
forthemwas necessary,whichHamiltonfoundin the technologyor machinesthat
industrialcommerceproduces.As Montesquieuobserved,"With
the convenienceof machinesinventedor applied by art,one can
100. DrewR. McCoy,TheElusiveRepublic:PoliticalEconomyIn Jeffersonian
America(ChapelHill,NC: The University
of NorthCarolinaPress,1980),chaps.5,
MrJefferson
andtheLouisiana
8; RogerG Kennedy,
Slavery,
' LostCause.:Land,Farmers,
Purchase(New York:OxfordUniversity
Press,2003),pp. 12-16,78-81.
101. Hamilton,
"The Defenceof theFundingSystem,"
PAH, 19:40.
102. Hamilton,
PAH, 10:256.
"Reporton theSubjectof Manufactures,"
103.Ibid.,p. 259.
104. HiramCatonmakesa similarpoint:"The Report[on Manufactures]
had
two further
thatHamiltondid not stress.... Hamiltonmight
politicalimplications
wouldin the longrundilutethe
reasonablyhope thatthegrowthof manufactures
influenceof theruralinterests
and thedangerouslocalismsof husbandmen"
(The
PoliticsofProgress:
TheOrigins
1600-1835
oftheCommercial
andDevelopment
Republic,
FL: University
of FloridaPress,1988],p. 477).
[Gainesville,
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230
THE REVIEW OF POLITICS
Bereplacethe forcedlabor thatelsewhereis done by slaves."105
sides readingMontesquieu,Hamiltonrecordedin his pay book
the followingpassage fromPlutarchwhich suggestsa link between slavery and the absence of the mechanical arts (or
technology):"The Spartansdespisedall labourand mechanicarts;
armsweretheonlyhonorable
In hisReporton Manuprofession."106
Hamilton
"the
noted
vast
extension
factures,
given by late
to
the
of
substitutimprovements
employment machines-which,
the
of
fire
and water,has prodigiouslylessened the
agency
ing
necessityformanuallabor."10'Clearly,Hamiltonsaw theconnection betweenslaveryand the mechanicalarts,and it could not
have escaped his understanding
thatthe promotionof the mechanicalartswould be a powerfulmeansby whichthe "necessity
formanuallabor" done by slaves mightbe eliminated.But how
best to promotetechnologicalinnovation?Certainlynot withslaverysince it "relaxesthe sinewsof industry,
[and] clips thewings
of commerce."108
Afterall, if thereis anyformof laborthatlacks
"adequatemotivesto excitea spiritof discoveryand contrivance,"
it is slave labor since slaves would reap little,if any,rewardfor
their discoveries.109Amongfreeeconomicactivities,Hamilton
foundthat"manufacturing
pursuitsare susceptible,in a greater
the
of
of
degree,
application machinery,than those of agriculIn fact,it is becauseof manufacturing
ture."110
(and notagriculture)
that "the fabricationof Machines, in numerousinstances"has
become"itselfa distincttrade.""' Hencethegreatest
hopeforprothe
kind
of
that
would make
innovation
ducing
technological
the
substitution
of
machines
slaves
did
not lie in an
for
possible
but
in
a
nation.
fullyindustrialized
agrariancommercialrepublic
105.Montesquieu,
TheSpiritoftheLaws,part3, bk. 13,chap.8, p. 252.
106. Hamilton,
"1777 Pay Book,"PAH, 1:402 (emphasisadded).
107. Hamilton,"Reporton Manufacturers,"
PAH, 10:270.
"A FullVindication,"
108.Hamilton,
PAH,1:53. "SorryI am to say thatmineis
or artists,but I trustit will
stillbackwardin the encouragement
of manufactorys
soon get betteras the Slaveryby blacks decreases& by Emigrationfromthese
6 April
we getbetterd
as to a freetenantry."
ThomasDiggesto Hamilton,
Countrys
1792,PAH,11:242.
109. Hamilton,"Second Draftof the Reporton Manufactures,"
PAH, 10:54.
The passage quotedrefersto farmersratherthanslaves, but it applies to slaves
withevenmoreforce.See alsoAdamSmith,
AnInquiry
IntotheNatureand Causesof
theWealth
1937),bk.
ofNations,ed. EdwinCannan(NewYork:The ModemLibrary,
4, chap.9, p. 648.
109. Hamilton,
PAH, 10:251-52.
"Reporton Manufactures,"
110.Ibid.
111.Ibid.
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HAMILTON ON SLAVERY
231
Conclusion
As it happened,industrialcommercedid ultimatelyprovide
the means forabolishingslavery.GreatBritain,the leader in industrialcommerce,along withFrance,whichwas not farbehind,
were the firstmajorEuropeannationsto abolish slaveryoutright.
And withoutindustrialization,
it would be difficultto see how
forAmerica,industry
slaverymightbe abolished.Unfortunately
would producean innovationthatwould give a new lease on slaof cottonwas
veryin the South:the cottongin.As theproduction
suited
to
the
of
in the
use
the
reduction
slaves,
particularly
sharp
cost of producingcotton,made possible by the cottongin, substantiallyincreasedthe demandfor(and ultimatelythe tradein)
slaves. This provedthatwhile industrialcommercewas perhaps
the necessaryconditionforeliminatingslavery,it was hardlythe
sufficient
condition,somethingHamiltonfullyrealized,forotherwisetherewouldhavebeenno pointto his otherefforts
on behalf
of emancipation.What Hamiltonwould have done had he lived
long enoughto see the cancerof slaverygrowand spreadis unclear.Whatis clear is thatit would requirethe greatestefforts
of
the greatestof statesmen-perhaps even greaterthan that of
Hamilton-to make Americaatone forits originalsin, and give
America"a new birthof freedom."
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