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Evading the Ordinance: The Persistence of Bondage in Indiana and Illinois

Journal of the Early Republic, Vol. 9, No. 1, pp. 21-51, 1989

32 Pages Posted: 9 Jul 2009 Last revised: 21 Aug 2009

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 1989

Abstract

This article explores the Ordinance of 1787, Article VI of which prohibited slavery and involuntary servitude in the Northwest Territory. However, based on the will of the people, it did not abolish slavery in either Indiana or Illinois as the leaders allowed de facto slavery through long-term indentures, rental contracts, enforcement statutes, and recognition of slave status for those brought in as slaves before 1787. The territories were able to justify the practice under the full faith and credit clause and the legal fiction of respecting allegedly voluntary contracts originating from other states. The petitioners in the northeast argued that if Congress allowed short term slavery, they would support gradual emancipation (as the children of life servants would be free though indentured through adulthood), to which they argued would benefit their local economy, encourage settlement east of the Mississippi, and benefit the nation by diffusing the concentration of blacks in other parts of the U.S.

Keywords: northwest territory, de facto slavery

Suggested Citation

Finkelman, Paul, Evading the Ordinance: The Persistence of Bondage in Indiana and Illinois (1989). Journal of the Early Republic, Vol. 9, No. 1, pp. 21-51, 1989. Available at SSRN: https://ssrn.com/abstract=1432011

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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