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The Struggle for Freedom

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Document-Based QuestionDocument-Based Question

The American Revolution and Slavery

Leaders of the War for Independence cast themselves as slaves of the British. These revolutionaries connected this metaphor of political slavery with the existing institution of slavery and fought a war for independence from Britain that also brought freedom and equality to all slaves.

Evaluate the validity of the statement above. You may partly or entirely agree or disagree with the quotation. Whatever position you take, be sure to construct an original thesis. Be sure to consider the counterargument, what historians might say in opposition to your thesis. Do not forget to consider the point of view of the sources you employ. Use the documents provided and your knowledge of the time period to construct your argument.


Document Links

A. Otis on the Rights of the British Colonies
B. Give Me Liberty, or Give Me Death
C. Lord Dunmore's Call to Slaves
D. Vermont's Constitution, 1777
E. The Declaration of Independence
F. Freedom Petition of New Hampshire Slaves
G. An Act for Enfranchising Ned Griffin
H. Manumission of Slaves in Maryland
I. The Constitution and Slavery
J. Jefferson on Emancipation


A. Otis on the Rights of the British Colonies

Primary source: James Otis, The Rights of the British Colonies Asserted and Proved, 1764.
Background information: James Otis (1725–83) was a political activist during the period leading up to the American Revolution. In pamphlets, he articulated grievances against the British government.

. . . The colonists are by the law of nature freeborn, as indeed all men are, white or black. . . Does it follow that 'tis right to enslave a man because he is black? Will short curled hair like wool instead of Christian hair, as 'tis called by those whose hearts are as hard as the nether millstone, help the argument? Can any logical inference in favor of slavery be drawn from a flat nose, a long or a short face? Nothing better can be said in favor of a trade that is the most shocking violation of the law of nature, has a direct tendency to diminish the idea of the inestimable value of liberty, and makes every dealer in it a tyrant, from the director of an African company to the petty chapman in needles and pins on the unhappy coast. It is a clear truth that those who every day barter away other men's liberty will soon care little for their own. . . 

That the colonists, black and white, born here are freeborn British subjects, and entitled to all the essential civil rights of such is a truth not only manifest from the provincial charters, from the principles of the common law, and acts of Parliament, but from the British constitution, which was re-established at the Revolution with a professed design to secure the liberties of all the subjects to all generations. . . 

James Otis, The Rights of the British Colonies Asserted and Proved, 2nd ed. (Boston: New-England; reprint, London: J. Almon, 1765).

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B. Give Me Liberty, or Give Me Death

Primary source: Patrick Henry, "Give Me Liberty, or Give Me Death," speech, 1775.
Background information: At the second Virginia Convention, on March 23, 1775, Patrick Henry (1736–99) delivered this speech in which he argued that war with Great Britain was inevitable.

. . . This is no time for ceremony. The question before the House is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings. . . 

It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace-but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

Patrick Henry, "Give Me Liberty, Or Give Me Death," in Patrick Henry: Life, Correspondence and Speeches by William Henry Wirt (1891; reprint, New York: B. Franklin, 1969), at http://www.yale.edu/lawweb/avalon/patrick.htm.

Courtesy of the Avalon Project at Yale Law School.

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C. Lord Dunmore's Call to Slaves

Primary source: Lord Dunmore, A Proclamation, 1775.
Background information: In November 1775, Lord Dunmore called on slaves to desert their masters and join the British army.

. . . I have thought fit to issue this my Proclamation, hereby declaring, that until the aforesaid good Purposes can be contained, I do in Virtue of the Power and Authority to ME given, by His MAJESTY, determine to execute Martial Law, and cause the same to be executed throughout this Colony and to the end that Peace and good order may the sooner be restored, I do require every Person capable of bearing Arms, to resort to His MAJESTY's STANDARD, so be looked upon as Traitors to His MAJESTY's Crown and Government, and thereby become liable to the Penalty the Law inflicts upon such Offenses; such a forfeiture of Life, confiscation of Lands, &c. &c. And I do hereby further declare all indentured Servants, Negroes, and others (appertaining to Rebels,) free that are able and willing to bear Arms, they joining His MAJESTY's Troops as soon as may be, for the more speedily reducing this Colony to a proper Sense of their Duty, to His MAJESTY's Crown and Dignity. . . 

Lord Dunmore, "A Proclamation" (7 November 1775), microfiche 1077 no. 14592, The Albert and Shirley Small Special Collections Library, University of Virginia Library.

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D. Vermont's Constitution, 1777

Primary source: Vermont State Constitution, original version, 1777.
Background information: The 1777 Vermont constitution included a clause that allowed for gradual emancipation.

. . . 

That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending [of] life and liberty; acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ought to be holden by law, to serve any person, as a servant, slave, or apprentice, after he arrives to the age of twenty-one years; nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law for the payment of debts, damages, fines, costs, or the like.
. . . 

Vermont State Constitution, 1777.

Original at the Vermont State Archives.

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E. The Declaration of Independence

Primary source: U.S. Declaration of Independence, 1776.
Background information: In the Declaration of Independence, the Continental Congress asserted American independence from Britain and justified its decision to do so by citing a series of alleged violations of American rights.

. . . 
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world. . . 

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. . . 

Original at the National Archives and Records Administration, Washington D.C.

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F. Freedom Petition of New Hampshire Slaves

Primary source: Freedom Petition submitted by slaves to the New Hampshire state legislature, printed in newspaper, 1780.
Background information: During the revolutionary era, many slaves petitioned colonial or state legislatures for their freedom and filed freedom suits, such as the one submitted by Nero Brewster, a slave, in Portsmouth on November 12, 1779.

The petition of Nero Brewster, and others, natives of Africa, now forcibly detained in slavery, in said state, most humbly theweth, That the God of Nature gave them life and freedom, upon terms of the most perfect equality with other men; that freedom is an inherent right of the human species, not to be surrendered, but by consent, for the sake of social life; that private or public tyranny and slavery, are alike detestable to minds conscious of the equal dignity of human nature . . . 

Freedom petition submitted by slaves to the New Hampshire state legislature, New-Hampshire Gazette; or, State Journal, and General Advertiser, 24, no. 1233 (15 July 1780).

Original at the New Hampshire Historical Society.

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G. An Act for Enfranchising Ned Griffin

Primary source: An Act for Enfranchising Ned Griffin . . . , Statute of North Carolina, 1780.
Background information: In the wake of the Revolution, many Southern states liberalized their provisions for manumission. This came to an end between 1810 and 1820, as Southern lawmakers restricted, and in some cases barred, manumission.

[Page 639] CHAPTER LXX. An Act for Enfranchising Ned Griffin, Late the Property of William Kitchen.
I. Whereas, Ned Griffin, late the property of William Kitchen, of Edgecomb county, was promised the full enjoyments of his liberty, on condition that he, the said Ned Griffin, should faithfully serve as a soldier in the continental line of this State for and during the term of twelve months; and whereas the said Ned Griffin did faithfully on his part perform the condition, and whereas it is just and reasonable that the said Ned Griffin should receive the reward promised for the services which he performed;
II. Be it therefore Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That the said Ned Griffin, late the property of William Kitchen, shall forever hereafter be in every respect declared to be a freeman; and he shall be, and he is hereby enfranchised and forever delivered and discharged from the yoke of slavery; any law, usage or custom to the contrary thereof in anywise notwithstanding.

An Act for Enfranchising Ned Griffin, Late the Property of William Kitchen (17 April 1780), reprinted in The State Records of North Carolina, ed. Walter Clark, vol. 24 (North Carolina: Winston and Goldsboro, 1886–1914).

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H. Manumission of Slaves in Maryland

Primary source: An Act to Prevent the Inconveniences Arising from Slaves Being Permitted to Act as Free, state law, 1787.
Background information: In the wake of the Revolution, many Southern states liberalized their provisions for manumission. This period of liberalized manumission came to an end between 1810 and 1820.



[ . . . ]


Be it enacted, by the General Assembly of Maryland, That any person who shall permit and authorise any slave belonging to him or herself in his or her own right, or possessed in the right of another, to go at large or hire him or herself within this state, shall incur the penalty of five pounds current money per month, except ten days at harvest.

II. And be it enacted, That any person who shall hire a slave by contract with such slave shall incur the penalty of five pounds current money per month . . . .

[ . . . ]



An Act to Prevent the Inconveniences Arising from Slaves Being Permitted to Act as Free, May 1787, Laws of Maryland, chap. 33, reprinted in The Laws of Maryland, To Which Are Prefixed Charter, with an English Translation, the Bill of Rights and Constitution of the State, comp. William Kilty (Maryland: Frederick Green, 1799–1800).

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I. The Constitution and Slavery

Primary source: U.S. Constitution (original version), 1787.
Background information: The Constitution's clauses relating to slavery did not mention the word "slavery.”

[The three constitutional clauses, dealing with slavery, are excerpted from the original U.S. Constitution. Note that the italicized text is no longer in effect.]

[ . . . ]


Article I, Section 2, Clause 3, of the original U.S. Constitution contained the three-fifths clause.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three-fifths of all other Persons . . . 

Article I, Section 9, Clause 1, of the original U.S. Constitution prohibited Congress from ending the slave trade before 1808.

The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year 1808; but a tax or duty may be imposed on such importation, not exceeding $10 for each person . . . 

Article IV, Section 2, Clause 3, of the original U.S. Constitution contained the fugitive-slave clause. It is no longer in effect:

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, But shall be delivered up on Claim of the Party to whom such Service or Labor may be due . . . 

[ . . . ]



"The Constitution of the United States: A Transcription," at http://www.archives.gov/exhibit_hall/charters_of_freedom/constitution/constitution_transcription.html.

Original at the National Archives and Records Administration, Washington D.C.

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J. Jefferson on Emancipation

Primary source: Thomas Jefferson to Edward Coles, letter, 1814.
Background information: Thomas Jefferson (1743–1826), in this letter to Edward Coles (1786–1868), maintained that emancipation was a task for the younger generation.

. . . The love of justice and the love of country plead equally the cause of these people [slaves], and it is a moral reproach to us that they should have pleaded it so long in vain, and should have produced not a single effort, nay I fear not much serious willingness to relieve them & ourselves from our present condition of moral & political reprobation. From those of the former generation who were in the fulness of age when I came into public life, which was while our controversy with England was on paper only, I soon saw that nothing was to be hoped. Nursed and educated in the daily habit of seeing the degraded condition, both bodily and mental, of those unfortunate beings, not reflecting that that degradation was very much the work of themselves & their fathers, few minds have yet doubted but that they were as legitimate subjects of property as their horses and cattle. The quiet and monotonous course of colonial life has been disturbed by no alarm, and little reflection on the value of liberty. And when alarm was taken at an enterprize on their own, it was not easy to carry them to the whole length of the principles which they invoked for themselves. . . . I had always hoped that the younger generation receiving their early impressions after the flame of liberty had been kindled in every breast, & had become as it were the vital spirit of every American, that the generous temperament of youth, analogous to the motion of their blood, and above the suggestions of avarice, would have sympathized with oppression wherever found, and proved their love of liberty beyond their own share of it. . . . This enterprise [emancipation] is for the young; for those who can follow it up, and bear it through to its consummation. It shall have all my prayers, & these are the only weapons of an old man. . . . 

Thomas Jefferson to Edward Coles, Monticello, 25 August 1814, at http://odur.let.rug.nl/~usa/P/tj3/writings/brf/jefl232.htm.

Courtesy of Faculty of Arts at the University of Groningen, the Netherlands.

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