Transcripts For CSPAN3 Slavery The Constitution 20240711 :

Transcripts For CSPAN3 Slavery The Constitution 20240711

Joined by Ali Orr Larsen and hope wright my Dear Colleague began her career in williamsburg when she was in the third grade. She was a performer in a plea on my own time, and the black music program. She has collaborated with many other departments in the foundation, as well as with other museums over the course of her career. Shes worked with a variety of educational institutions as actress, storyteller, writer, researcher, and mentor. Please welcome hope wright. Thank you. Orr larsen has received many awards, including the statewide atlantic faculty award for rising star category. Professor larsen is a scholar of constitutional law and legal institutions with a focus on how information dynamics affect the vote. Her work has been featured multiple times in various publications. And these are just a few of her accomplishments. Please help me in welcoming allie larsen. Our discussion will be about an hour long this evening. And it may feel uncomfortable at times. Thats okay. You may feel angry. Thats okay. You may feel sad. Thats also okay. All of these feelings arose for me when i was researching for our event. And its okay to feel something. This reminds us that we care. Now while slavery is not the beginning of the story, for the purposes of trying to dive into two very large topics in very little bit of time we will start our meeting with meeting lidia, a woman who is from the time period, we find in her home speaking to elizabeth rosario. Ali, did you know that hope has portrayed elizabeth . Elizabeth rosary is a freed black woman who lived in williamsburg, a mother of two daughters, caroline, and also a Property Owner. So someone who did quite well for herself. Thank you so much, hope. Lidia, she was legally enslaved one of the delegates who attended the Constitutional Convention. This is behind, us and this interpretation, its september 19th, 1787, we find lidia in her home sharing some Important News with elizabeth. It says be it known until all met by this presence, that williamsburg, do emancipate and set free my women slave, lidia. Under my hand and seal the 20th day of august, in the year of our lord 1787. [laughs] good day. I am lidia. And im a free woman. Oh elizabeth. I dont know where my emotions will go this week. My mood is swinging between eight ocean and despair, i have yearned for freedom ever since i learned i was a slave. As you will know elizabeth, the path to freedom for one born a slave is very difficult, almost impossible. A when eve and agnes and lucy, tell me if theyre planted joined the british during the war. I thought of it too, but then i thought better of. It what was i going to do in a british war camp . I shutter to think they have entered. What has become of all of the people who sought their freedom bu alligning themselves with the socalled enemies of their socalled masters. I thought this is not my path. Benjamin agreed. So we waited. We waited for his words and needs to align. Eloquent talk of these gentleman about the rights of man is enough to make anyone hopeful. And i was hopeful. And the declaration of independence said all men are created equal but nothing changed for us. And as the war started raging, my thoughts turn to our survival. Freedom lingering in the back of my mind as we lived through the devastation that war brings. Freedom. In the back of my mind. When i learned of the law that was passed in 1782 about the Many Missions of slaves, allowing the mission of slaves. Surely i thought now is a time when, mr. Will freeze. He must free us. And so we waited help. Another five years well, is a bit. And for what . The death of ministers law . I will never know whats new mr. With discussed and private. Is it her dying wish to see is free or was it her loving wish that kept us enslaved because . Am i glad to be free of her death . Interesting choice of words, elizabeth. It is complicated. I do mourn. It is hard to believe that she is gone. She and i developed a way of being with one another throughout the years. I ingratiated myself to her. For us, this is a matter of survival. I helped her manage her household with the utmost skill and in return she allowed me to seek comfort in this life. And for that i am grateful. However, a mistress is a mistress fit. You remember when i begged her to let me travel with her as a servant . 11 years ago when they traveled to philadelphia and 76. Yes you do. When they travel to philadelphia for the convention of the declaration of independence. I wanted to go. I want to go so badly. Of course benjamin was driving them and he would be gone for as long as they were. And i was so wanted to immerse myself in the free black population of philadelphia. We would free the slaves there. We would prefer to stay here in care for her child. I mistrust reminded me of my past. You are housekeeper, lidia. Your job is to tend to the house. Whats neat is there for you to travel through . Fanny is my maid servant, she will travel. You will stay here and that is that. This beautiful home is magnificent. Oh when benjamin returned from philadelphia, the stories he had about his encounters with the free blacks there. How we dreamed of that. Whispered but we would do with it. Thought how we might get it. And now we are free. And poly will be free when she matures and charles is free. But kate, rachel, lidia, lucy, bob, jamie, fanny, paris, isaac, rosa and edward, they will not be free mr. Is giving them to the taal overs as a gift to be divvied up against my dad mistresses nephews and nieces. It makes me want to cry or scream or punch something. How can i celebrate my freedom, benjamins freedom, when so many that i love are still slaves . Ferret media was grappling with her newfound freedom but she has been enslaved for most of her life. Now as it relates to libya and this time period, why it is the definition of slavery . How would you define a slave . Well and slaves person is somebody who was bound by slave laws and i think that is important to point out that slavery is entrenched in the law is here in virginia and in all colonies. As far and wide reaching, the changes of peoples classifications, it puts limits on what they can and cannot do and its not just one law or a handful of laws, its hundreds of laws that are amended and strengthen overtime. Can you speak a little bit about the laws that call a nice lever here in virginia or anywhere . Before we talk about the laws there are a couple of cases that kind of set on president. One is in 16 40 and it involves three men who are in servitude. One was an african man by the name of john punch, the other two were men of european descent. Victor, a dutchman, and James Gregory, scotsman. So they ran from virginia to maryland. Were caught and returned to virginia so they all committed the same time. They were runaways, they were all caught together. They did the same thing. But you begin to see racial differences and treatment here with this case where victor and James Gregory were made to serve their original owner on an additional year in the colony of virginia for three years. John punch was made to serve as owner and his owners are his heirs for the rest of his natural life. Wherever they lived. John punch was black . John punch was black. He is referenced as african in this record. You also have another case that turns out a little different in 16 56 where you have a woman by the name of elizabeth key. And elizabeth he had a mother who was african descent and a father named thomas key who was of english dissent. And rather prominent. What an english law traditionally, everything goes through the father. She had been baptized as a christian so there were, you know, they were restrictions on how christians can be held in bondage, the type of bondage they could be held in and thomas key made arrangements for his daughter that after he died, if she was under the age of 18, she served this family and be considered free at the age of 18. However, great bit of time had passed since her 18th birthday, she was into her twenties. She suit for her freedom on the fact that, you know, it had been a breach of contract but also two very important points is that she had been baptized as a christian and her father was a free englishman and we see a different outcome with this case where elizabeth key was found to be a free woman and she was also paid in bushels of corn i believe, barrels of corn, for the additional time served in which she should have been freed. So these are two legal cases that showed different precedent and with the first laws passed, you can actually tell its a little reactionary because the first wave lott in virginia when its passed in 16 62 it says, where there have been questions as to the status of children born of an african woman and a white father. This law in 16 62 states that the status of the child is that of the mother buying her free. Which is Something Different than what you usually see in english kamala . Yes. Everything goes through the father. Things are bestowed. You know the first son inherits the most as rights title would have won. This is something that will be very important as we do get a little closer to the constitution. We have set into motion a system of servitude and its hereditary and by the gets to the 17 eighties, most people who are large slaveowners they have, you know, gain those and save people through National Increase, through inheritance, through galleries. So they are not to say that people are not purchasing slaves. That is something that is still very much going on. But when you think of people who own hundreds of enslaved people and you look at someone whos own 200, its very likely that they did not purchased 200. They may have purchased a dozen or so. When you look at that property and assess a value to the property, oftentimes when you look at inventory through the period, most of the value of the things that people own when they passed away is going to be invested in and slave. So just that law alone has, you know, provided a system in which wealth is built just through the national wall. That is just one. So do you find other laws . Are there other laws that are codified in this time period that sort of solidify or start to solidify the institution of slavery . Yes, with elizabeth keys case. One of her points was also that she had been baptized as christian. In 1667, we see a lot past that baptism does not alter a persons status, bond or free. In addition to elizabeth key, there were other people. That is something that should be pointed out. Black people were still very active in trying to use the legal system at this time. I dont want this 17th, but into the 18th century. Now this line 1667 is closing another window. You still continue to see and slaved people being baptized in parishes closest to us here in williamsburg, and in other parishes. But oftentimes this usually becomes a way to keep track on a slaved person. At least another law, the classification of enslaved people from the very beginning has always been that of property. If you are indentured or if you are in apprentice, you have certain rights by virtue of being recognized as human in the eyes of the law. But from the very beginning, enslaved people are never recognized as human beings. Thank you for that. Youre welcome. She had mentioned inventories, taking note of people and baptismal registries as places where enslaved people show up. I think when researching and slave people, that is places i know that i have used, because hope has taught me to use them. So can we also get into lidia receives her freedom, and that interpretation that you all saw. What were some pathways to freedom for enslaved people, especially once those laws started coming down in the 16 sixties . You know of any enslaved people that received their freedom . Before we kind of a big rib vision and looking at slave laws, also known as the black codes, oftentimes its individuals. Its one individual who petitions the court or petitions the governors council. But when the black codes are kind of solidified in 1723, you see a lot past that states for an enslaved person to be granted omission, they would have to perform some type of meritorious or face or deed. And even then, the only group of people who could confer the status of freedom could grant that would be the governors council. We know there were probably 50 or 60 or so of these petitions that go before the governors council. They are approved at about 2 thirds or so. That is still a very small number of people who gain their freedom that way. I was just looking that is just looking at virginia. Yes, that is just looking at virginia. Virginia in the 18th century was a very agrarian society. Cash crops of the 18th century, such as tobacco, indigo, sugar, rice, they led us to believe that slavery was only in the south. Now, will you all be able to speak a little bit about the original differences over slavery heading into the constitution . Well, it is by and large, there are 2 definitions. A Slave Society is basically where half the population is enslaved. That is mostly the south where it is a Slave Society. You know, tobacco, indigo and rice, that you mention. But the north is still very much a society with slaves. You have people working in homes a little bit more and taverns. Skilled trades, not that that did not happen in the south as well. But by and large, the whole economy is based on the agriculture there. So there is never an absence of slavery ever in any of the 13 original colonies. Actually, at the same time the john podge case is going on in virginia, massachusetts is the first colony to legalize slavery in the original 13. Did you want to add anything . I was going to say the early colonies, slavery was pretty much equivalent the rate of slavery was pretty equivalent in the north and south. By the time we get to 1787, there are pretty stark regional differences. Theres a lot more enslaved people in the south than the north, for the reasons i hope suggests with the difference in economies and agriculture and longer growing season. This thought that you might need more slave labor to take advantage of the growing season. So that sets up some pretty fierce battle lines when we get to the convention in 1787. Lets go there. Lets jump right in to 1787 and that time period. About how many delegates to the Constitutional Convention owned slaves . It is 55 delegates to the constitution convention. Weve all heard the stories. Its a hot summer in philadelphia and theyve taped up the windows. Of those 55 people, 25 of them on slaves. So that is almost half. But i think it is important to recognize that even the delegates who did not owned slaves, there was not a lot of talk of racial equality. Its not a racial paradise even in the states where slavery is slowly being phased out. Theres still a consensus as you were talking about before, that in slate people or property. Theres a lot of talk about Property Rights and the Property Rights of people who own slaves. That is shared among all of the delegates in the constitution. Even the anti slavery voices which stopped short of saying that a natural government could divest a person of their Property Rights. Is that something that you all want to share . You mentioned that slavery was starting to be phased out. We are post revolution. We are several years removed from it. Are there states that are trying to do away with slavery . Pennsylvania is the first. The quakers are the first. Then there were gradual emancipation schemes where you might not convert someones freedom right away, but when they reach a certain age, then they are given their freedom. So this is starting to happen in some colonies by the time we get to the Constitutional Convention. But it is not the norm. I think virginia even makes a law that makes it easier for masters to submit enslaved people after or towards the end of the american revolution. So now that we are in 1787, thinking back on it, what were they trying to do . What is the constitution . What were they trying to create. . Why create a constitution . Yeah, what is all the fuss about . So, the constitution is the paramount law in the United States. That means it trumps all conflicting laws. It also means its really hard to amend. So i think of the constitution and part is a mission statement. So it embodies values that we share as americans and that we strive for. Another really important part of the constitution was to set up the National Government. So its a long story, but the short version is that the government they were existing under, the articles of confederation, was failing. Congress did not have enough power. They could not regulate commerce. They could not tax. Instead, they had to ask the states for money. It was operating more like a league of nations, of 13 different countries, as opposed to one United States of america. Is that sort of how the articles of confederation were used . The articles of confederation required unanimity in order to change anything. You are never going to get that. Rhode island was always a stinker. They always held out. Love you rhode island [laughs] its just a different change from we, the 13 sovereign states, all of whom have our own rules to we the people. That was a huge change to have popular sovereignty. So a big function of the Constitutional Convention was creating and instilling the National Government that we now know. Well. We the people. So, knowing that we alluded to how slavery denied the humanity of people. Where in the constitution is sleigh we mentioned . Is it mentioned . Today say anything about slaves . Yeah, so its an interesting omission. The word slavery is never used in the constitution. They use euphemisms like other persons. I think that omission is telling. I think it shows that even if they werent willing to abolish slavery in 1787, there were plenty of them that were an easy with it. Madison wrote to jefferson and said it was going to be the achilles heel of the country. So i think that omission is telling. Even though they dont mention slavery by name though, there are 3 explicit provisions in the constitution that protect slave owners. That protect slavery. The first one is probably the one that everybody is most familiar with. That is the 3 5th clause. So you all remember that the way our congress is set up, theres 2 chambers. There is a senate and house of representatives. Reaching that was the great compromise. It was to make sure the small states and the big states, that everybody was happy. Because

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