History of Slavery in Indiana - Indiana Territory

Indiana Territory

Slavery in the Indiana Territory was supported by Governors William Henry Harrison and his successor Thomas Posey, who both sought to legalize it in the territory. Both men were appointed by the President of the United States while the office was held by southern slaveholders. Although slavery was not legal under Article 6 of the Northwest Ordinance, Harrison recognized the existing customs of slavery and indenture in the territory, Both men's slavery positions were resisted by the territory's population. In a gesture to the residents who lived in the territory before the Northwest Ordinance, Harrison organized a public meeting in 1802 which called for a 10 year moratorium on the slavery ban. Harrison and Posey were strongly opposed by Jonathan Jennings, Dennis Pennington, and other prominent men who would eventually take over the territorial legislature.

Indiana courts never ruled on the Ordinance/slavery issue during the territorial period. When the issue of slavery was in the courts, it “was always treated as an existing institution and its legality went unchallenged.” Early Hoosiers, including William Henry Harrison, wanted to have slavery legalized in the new territory. Harrison may have been motivated by the need to appease existing slaveowners, the need for labor in a developing territory, or the desire to attract immigrants from southern colonies. They sought passage of a new law to override the Northwest Ordinance's ban on slavery. Harrison succeeded in getting permission from Congress for the territory to decide for itself whether slavery should be legalized. Harrison and his party sought to gradually legalize slavery three times (1803, 1807, and 1809) but all three efforts ultimately failed. Harrison succeeded, however, in passing laws that established forms of indentured servitude.

Harrison was particularly interested in having slavery legalized. He maintained a plantation style home in Vincennes called Grouseland. Harrison was also in the process of constructing another plantation style farm called Harrison Valley near Corydon in 1807, the same year he was pushing for slavery to be legalized.

In 1803 Harrison asked Congress to suspend the anti-slavery clause of the Northwest Ordinance for ten years. Harrison claimed it was necessary to increase the territory's population more quickly and attract new settlers. Congress wanted the territory to become economically viable so that the federal government would not longer have to financially support it. In 1803 the entire territory's population numbered less than 5,000. That year the legislature—which was appointed by Harrison—passed legislation reintroducing indentured servitude.

In 1805 the Territory was granted representation in Congress. Pro-slavery Benjamin Parke was elected and supported Harrison's request to have Congress suspend the ban on slavery in the territory. Parke submitted legislation to outright legalize slavery, but no action was taken on it. The same year, Congress suspended Article Six of the Northwest Ordinance for ten years, and granted the territories covered by it the right to choose for themselves to legalize slavery. By the same act, Congress removed the legislative power from the General Court of the territory and created a Legislative Council that would was to be popularly elected. When the election was complete Davis Floyd was the only anti-slavery member elected; slavery had not yet become a major issue in the state. That year Harrison persuaded the legislature to begin the debate to legalize slavery. The bill was narrowly defeated because many of the slaveholders in the council wanted a concession from Harrison, namely to recommend creating the Illinois Territory, a concession which he refused to make.