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MICHAEL P. ZUCKERT 9<br />

That <strong>the</strong> slave system that produced this cotton, which was so<br />

economically profitable, should be transformed by this immense<br />

growth in <strong>the</strong> cotton industry is <strong>the</strong>refore not a matter for surprise.<br />

And that <strong>the</strong> slave system should become larger and more important,<br />

more entrenched, I think should be relatively easy to see. But<br />

we cannot read back from <strong>the</strong> history of what did happen to cotton,<br />

and thus to slavery, in <strong>the</strong> post-1790 world to <strong>the</strong> expectations<br />

and plans of <strong>the</strong> men who wrote <strong>the</strong> Constitution. That future,<br />

which we all see so clearly, was completely opaque and unexpected<br />

to <strong>the</strong>m.<br />

Instead, <strong>the</strong>y looked back on a history and trajectory of slavery<br />

in America that was quite different—<strong>the</strong> history and trajectory<br />

before 1787. Of course, as is well known, slavery by <strong>the</strong> mid–18th<br />

century was well established on <strong>the</strong> <strong>American</strong> continent. All 13<br />

colonies at <strong>the</strong> time of <strong>the</strong> revolution had slavery; slavery existed in<br />

French America and slavery existed in Spanish America. In 1750,<br />

according to <strong>the</strong> best estimates, about 20 percent of <strong>the</strong> population<br />

of what would become <strong>the</strong> United States was black, most of whom<br />

were slaves. But this population was very unevenly distributed. In<br />

<strong>the</strong> North, less than 5 percent of <strong>the</strong> population was black; in <strong>the</strong><br />

South, on average 40 percent was black, with a high of 60 percent<br />

in South Carolina.<br />

The situation of slavery, though, was much affected by <strong>the</strong> <strong>American</strong><br />

Revolution and its aftermath. There was a combination of events<br />

and trends that actually set slavery back in those years. One cause<br />

was that <strong>the</strong> British, for example, offered freedom to slaves in <strong>the</strong><br />

South who would come and fight on <strong>the</strong>ir side, and <strong>the</strong>re were quite<br />

a few slaves who took <strong>the</strong>m up on that. Moreover, <strong>the</strong>re were many<br />

o<strong>the</strong>r slaves who took advantage of wartime chaos to flee from slavery.<br />

Beyond that, in a movement that one important historian has<br />

called “<strong>the</strong> contagion of liberty,” all <strong>the</strong> nor<strong>the</strong>rn states moved to<br />

abolish slavery in <strong>the</strong> years after <strong>the</strong> revolution. Individual, voluntary<br />

manumission was occurring, and state laws were passed even<br />

in <strong>the</strong> South making it easier and easier to free your slaves. In 1787,<br />

<strong>the</strong> Congress under <strong>the</strong> Articles of Confederation passed <strong>the</strong> Northwest<br />

Ordinance, prohibiting slavery in <strong>the</strong> Northwest Territory,

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