What president did not own slaves?

The Founding Fathers and Slavery

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Written by
Anthony Iaccarino
Assistant Professor of History and Humanities, Reed College.
Anthony Iaccarino
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Table of Contents

Although many of the Founding Fathers acknowledged that slavery violated the core American Revolutionary ideal of liberty, their simultaneous commitment to private property rights, principles of limited government, and intersectional harmony prevented them from making a bold move against slavery. The considerable investment of Southern Founders in slave-based staple agriculture, combined with their deep-seated racial prejudice, posed additional obstacles to emancipation.

In his initial draft of the Declaration of Independence, Thomas Jefferson condemned the injustice of the slave trade and, by implication, slavery, but he also blamed the presence of enslaved Africans in North America on avaricious British colonial policies. Jefferson thus acknowledged that slavery violated the natural rights of the enslaved, while at the same time he absolved Americans of any responsibility for owning slaves themselves. The Continental Congress apparently rejected the tortured logic of this passage by deleting it from the final document, but this decision also signaled the Founders’ commitment to subordinating the controversial issue of slavery to the larger goal of securing the unity and independence of the United States.

Nevertheless, the Founders, with the exception of those from South Carolina and Georgia, exhibited considerable aversion to slavery during the era of the Articles of Confederation (1781–89) by prohibiting the importation of foreign slaves to individual states and lending their support to a proposal by Jefferson to ban slavery in the Northwest Territory. Such antislavery policies, however, only went so far. The prohibition of foreign slave imports, by limiting the foreign supply, conveniently served the interests of Virginia and Maryland slaveholders, who could then sell their own surplus slaves southward and westward at higher prices. Furthermore, the ban on slavery in the Northwest tacitly legitimated the expansion of slavery in the Southwest.

Despite initial disagreements over slavery at the Constitutional Convention in 1787, the Founders once again demonstrated their commitment to maintaining the unity of the new United States by resolving to diffuse sectional tensions over slavery. To this end the Founders drafted a series of constitutional clauses acknowledging deep-seated regional differences over slavery while requiring all sections of the new country to make compromises as well. They granted slaveholding states the right to count three-fifths of their slave population when it came to apportioning the number of a state’s representatives to Congress, thereby enhancing Southern power in the House of Representatives. But they also used this same ratio to determine the federal tax contribution required of each state, thus increasing the direct federal tax burden of slaveholding states. Georgians and South Carolinians won a moratorium until 1808 on any congressional ban against the importation of slaves, but in the meantime individual states remained free to prohibit slave imports if they so wished. Southerners also obtained the inclusion of a fugitive slave clause (see Fugitive Slave Acts) designed to encourage the return of runaway slaves who sought refuge in free states, but the Constitution left enforcement of this clause to the cooperation of the states rather than to the coercion of Congress.

Although the Founders, consistent with their beliefs in limited government, opposed granting the new federal government significant authority over slavery, several individual Northern Founders promoted antislavery causes at the state level. Benjamin Franklin in Pennsylvania, as well as John Jay and Alexander Hamilton in New York, served as officers in their respective state antislavery societies. The prestige they lent to these organizations ultimately contributed to the gradual abolition of slavery in each of the Northern states.

Although slavery was legal in every Northern state at the beginning of the American Revolution, its economic impact was marginal. As a result, Northern Founders were freer to explore the libertarian dimensions of Revolutionary ideology. The experience of Franklin was in many ways typical of the evolving attitudes of Northern Founders toward slavery. Although enmeshed in the slave system for much of his life, Franklin eventually came to believe that slavery ought to be abolished gradually and legally. Franklin himself had owned slaves, run ads in his Pennsylvania Gazette to secure the return of fugitive slaves, and defended the honour of slaveholding revolutionaries. By 1781, however, Franklin had divested himself of slaves, and shortly thereafter he became the president of the Pennsylvania Abolition Society. He also went further than most of his contemporaries by signing a petition to the First Federal Congress in 1790 for the abolition of slavery and the slave trade.

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Jay was the son of one of the largest slaveholders in New York and, like Franklin, a slaveholder himself, though he claimed his ownership was a means to a beneficial end: “I purchase slaves and manumit them at proper ages and when their faithful services shall have afforded a reasonable retribution.” He and Hamilton, whose youth in the West Indies embittered him against slavery, were among the founders of the New York Manumission Society in 1785, which established the New York African Free School in 1787. That year, during debate on the Constitution, one of the most-vocal opponents of slavery among the Founding Fathers, Gouverneur Morris, called slavery a “nefarious institution” and “the curse of heaven on the States where it prevailed.”

Unlike their Northern counterparts, Southern Founders generally steered clear of organized antislavery activities, primarily to maintain their legitimacy among slaveholding constituents. Furthermore, while a few Northern and Southern Founders manumitted a small number of slaves, no Southern plantation-owning Founder, except George Washington, freed a sizeable body of enslaved labourers. Because his own slaves shared familial attachments with the dower slaves of his wife, Martha Custis Washington, he sought to convince her heirs to forego their inheritance rights in favour of a collective manumission so as to ensure that entire families, not just individual family members, might be freed. Washington failed to win the consent of the Custis heirs, but he nevertheless made sure, through his last will and testament, that his own slaves would enjoy the benefit of freedom.

Washington’s act of manumission implied that he could envision a biracial United States where both blacks and whites might live together as free people. Jefferson, however, explicitly rejected this vision. He acknowledged that slavery violated the natural rights of slaves and that conflicts over slavery might one day lead to the dissolution of the union, but he also believed that, given alleged innate racial differences and deeply held prejudices, emancipation would inevitably degrade the character of the republic and unleash violent civil strife between blacks and whites. Jefferson thus advocated coupling emancipation with what he called “colonization,” or removal, of the black population beyond the boundaries of the United States. His proposals won considerable support in the North, where racial prejudice was on the rise, but such schemes found little support among the majority of Southern slaveholders.

When the last remaining Founders died in the 1830s, they left behind an ambiguous legacy with regard to slavery. They had succeeded in gradually abolishing slavery in the Northern states and Northwestern territories but permitted its rapid expansion in the South and Southwest. Although they eventually enacted a federal ban on the importation of foreign slaves in 1808, the enslaved population continued to expand through natural reproduction, while the growing internal domestic slave trade led to an increase in the tragic breakup of enslaved families.

James Buchanan

James Buchanan, the 15th President of the United States (1857-1861), served immediately prior to the American Civil War. He remains the only President to be elected from Pennsylvania and to remain a lifelong bachelor.

Tall, stately, stiffly formal in the high stock he wore around his jowls, James Buchanan was the only President who never married.

Presiding over a rapidly dividing Nation, Buchanan grasped inadequately the political realities of the time. Relying on constitutional doctrines to close the widening rift over slavery, he failed to understand that the North would not accept constitutional arguments which favored the South. Nor could he realize how sectionalism had realigned political parties: the Democrats split; the Whigs were destroyed, giving rise to the Republicans.

Born into a well-to-do Pennsylvania family in 1791, Buchanan, a graduate of Dickinson College, was gifted as a debater and learned in the law.

He was elected five times to the House of Representatives; then, after an interlude as Minister to Russia, served for a decade in the Senate. He became Polk’s Secretary of State and Pierce’s Minister to Great Britain. Service abroad helped to bring him the Democratic nomination in 1856 because it had exempted him from involvement in bitter domestic controversies.

As President-elect, Buchanan thought the crisis would disappear if he maintained a sectional balance in his appointments and could persuade the people to accept constitutional law as the Supreme Court interpreted it. The Court was considering the legality of restricting slavery in the territories, and two justices hinted to Buchanan what the decision would be.

Thus, in his Inaugural the President referred to the territorial question as “happily, a matter of but little practical importance” since the Supreme Court was about to settle it “speedily and finally.”

Two days later Chief Justice Roger B. Taney delivered the Dred Scott decision, asserting that Congress had no constitutional power to deprive persons of their property rights in slaves in the territories. Southerners were delighted, but the decision created a furor in the North.

Buchanan decided to end the troubles in Kansas by urging the admission of the territory as a slave state. Although he directed his Presidential authority to this goal, he further angered the Republicans and alienated members of his own party. Kansas remained a territory.

When Republicans won a plurality in the House in 1858, every significant bill they passed fell before southern votes in the Senate or a Presidential veto. The Federal Government reached a stalemate.

Sectional strife rose to such a pitch in 1860 that the Democratic Party split into northern and southern wings, each nominating its own candidate for the Presidency. Consequently, when the Republicans nominated Abraham Lincoln, it was a foregone conclusion that he would be elected even though his name appeared on no southern ballot. Rather than accept a Republican administration, the southern “fire-eaters” advocated secession.

President Buchanan, dismayed and hesitant, denied the legal right of states to secede but held that the Federal Government legally could not prevent them. He hoped for compromise, but secessionist leaders did not want compromise.

Then Buchanan took a more militant tack. As several Cabinet members resigned, he appointed northerners, and sent the Star of the West to carry reinforcements to Fort Sumter. On January 9, 1861, the vessel was far away.

Buchanan reverted to a policy of inactivity that continued until he left office. In March 1861 he retired to his Pennsylvania home Wheatland–where he died seven years later–leaving his successor to resolve the frightful issue facing the Nation.

Learn more about James Buchanan’s niece who served as First Lady, Harriet Lane.