03-anderson 001-038.qxd 7/04/06 15:58 Page 23 ANNALES DE DÉMOGRAPHIE HISTORIQUE 2003 n° 1 p. 23 à 38 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS by Margo ANDERSON INTRODUCTION Scholars have dated the emergence of scientific racism and the practice of defining different human ancestry groups as “races” to the late XVIIIth and early XIXth century (for example, Jordan 1968; Fredrickson 1971; Fredrickson 2002; Horsman 1981; Stanton 1960; Gossett 1963; Hudson 1996)1. They also explore a paradox, namely how in an increasingly democratic and egalitarian age, such ideas flourished and served to justify slavery, imperialism and national conquest. My project draws on much of this analysis. The early national U.S. state generated and supported an egalitarian and democratic ideology and political practice and the emancipation and political participation of poor, propertyless men. It also fostered a racist ideology that excluded the possibility of such emancipation and participation for the African ancestry population. The U.S. Congress embedded these ideologies in the race classifications of the federal statistical system2. I suggest that the racist implications of these older debates about African American emancipation and participation linger even today, sometimes in the new guise of culturalism (Fredrickson, 2002, 141). FROM INTELLECTUAL CONCEPT TO STATE PRACTICE Intellectuals are all too aware that political, economic or social leaders frequently pay scant attention to their work. It is not obvious that a particular analytic framework or theory will be “applied” outside the scientific realm. So a key question for intellectual and political history is how the intellectual arguments which came to be characterized as “scientific racism” were linked to actual political processes, so that the ideas were institutionalized in state practices. Others have shown how court decision making, for example, draws on intellectual analysis and defines the nature of social relations, for example in the family, of citizenship, or of employment. But state sponsored statistical practices, classifications, and data collections also concretize such relations and practices. Once institutionalized, they become invisible and seemingly objective descriptions of the way the world works. They are naturalized. And once deployed in state statistical practice, they can be incorporated into legal decision making, legislation, and eventually even come to be internalized by the populations they were originally invented to define or organize. One learns that one is “white,” “black” or “colored” and what that means in society. 23 03-anderson 001-038.qxd 7/04/06 15:58 Page 24 MARGO ANDERSON The invention of particular official statistical practices is generally not recognized as a political process. In fact, it is often so cloaked in the trappings of science that both the official statisticians and the consumers of the data, conceptions, and practices do not see or do not acknowledge the political process that creates the particular practices. Detailing the origin of a particular practice reveals the politics underneath, restores the contingency of the invention of the practice, shows how it might have been otherwise, and identifies the moment before the practice is frozen into permanent form. The work of Alain Desrosieres (1998) and Bruce Curtis (2001) provide models of such analysis. Curtis’ study of state formation and statistical practice in mid nineteenth century Canada reveals how “science in the making” became what he calls “made science”. Procedures for census making in Canada literally defined the new state and had to be invented, authorized, consolidated and what he calls “black boxed” into procedures and classifications which could no longer be undone (Curtis, 2001, 17, 23, 305). Similarly, Desrosieres draws from French traditions of the social analysis of cognitive forms. Desrosieres thinks of the concepts, methods and practices of statistics as “making up things that hold”. Desrosieres is keenly aware of the technical or scientific and the administrative “investment” needed to develop a statistical concept or data series. “Unemployment”, “poverty”, “fertility” at the hands of statisticians become “objective phenomena” to be measured, which in turn permit political action in relation to the phenomena measured. Desrosieres wants his readers to be aware of the process of “objectification”. 24 He wants us to “think simultaneously (emphasis in original) that the objects being measured really do exist, and that this is only a convention” (Desrosieres, 1998, 1). He thus deploys his analysis of the invention of the categories, codes, concepts and techniques of statistics at the same time that he traces the history of the mathematics. The problems that present themselves to be solved, understanding patterns of suicide, or determining the best decision rules for judges, or counting a population, are political and social problems, and thus the history of the statistics is inseparable from the larger social and political history of the societies from which they come. SLAVERY AND THE AMERICAN STATE: BEFORE OFFICIAL STATISTICS ON RACE OR COLOR Slave labor was an essential element of the economic system in most of the colonies of British North America and their successor states from the early XVIIth century to the middle of the XIXth century, a period of almost a quarter of a millennium. In roughly the middle of that period, in the 1770s and 1780s, some of those colonies staged a successful revolution against Britain and established the United States. They wrote a new Constitution on the basis that “all men are created equal” and entitled to a republican government, but they did not abolish slavery (Morgan, 1988; Wood, 1969, 1992; Bailyn, 1967). In fact, they embedded the recognition of slavery in the tax and representational provisions of the new state through a clause of the 1787 Constitution known as the Three Fifths Compromise. That clause provided that political representation in the House of 03-anderson 001-038.qxd 7/04/06 15:58 Page 25 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS Representatives and direct taxes were to be apportioned among the states according to a formula based on the sum of a state’s free population and three fifths of its slave population (Ohline, 1971; Rakove, 1979; Anderson, 1988; Balinski and Young, 1982). The Constitution required the federal government to count the population every ten years, so that seats in the House could be reapportioned among the states. The Constitution also required the identification of the slave and the free population for the formula to apportion seats in the House among the states. In 1790 Congress wrote the enabling legislation for the first population census and debated whether to collect any information beyond that required for the House apportionment. James Madison proposed additional questions, notably about the occupations of the people, and the identification of adult white males to determine militia potential. Congress rejected the occupational inquiry, but agreed the militia information would be useful and thus asked each household to identify the number of white males 16 and over (Anderson, 1994). Having agreed to collect information on militia potential, they then decided to specify three related distinctions of the free population. They asked each household to identify the number of white males under 16, the number of white females, and the number of other free persons in the household. Finally, heeding the constitutional requirement, they asked for the number of slaves in the household (Wright and Hunt, 1900; Anderson and Fienberg, 1999; Fliss, 2000). In the censuses of 1800 and 1810 Congress expanded the information about the age and sex distribution of the white population but not for slaves or “other free persons”. Congress required the enumerator to classify the members of each household into five age cohorts for white males and white females. There was continuing debate about using the census to measure the economic capacities of the nation. Congress debated additional proposals to ask questions about the economic interests of the population, and instituted a manufacturing census in 1810 (Fliss, 2000; Anderson, 1994). By contrast, Congress showed little interest in the demographic characteristics of the slave population or the “other free persons” in the first three censuses. Through the 1810s, such disinterest reflected a hope that slavery would wither away as an institution. Congress banned the slave trade in 1808. Northern states were in the process of gradual emancipation (Melish, 1998; Robinson, 1971). The American Colonization Society had been formed in 1817. And Southerners in Congress had yet to mount a formal defense of the institution of slavery. That would change as Congress debated the admission of Missouri to the union in 1819 (Fehrenbacher, 1995; Moore, 1953) and the 1820 Census. THE MISSOURI DEBATES From the 1790s through the 1810s, as I have discussed elsewhere (Anderson, 2002), there were proposals to amend the Constitution to remove the slave population from the apportionment count and base the apportionment on the free population only. Such an apportionment rule would have eliminated the need to count slaves in the census, akin to the provision which excluded 25 03-anderson 001-038.qxd 7/04/06 15:58 Page 26 MARGO ANDERSON “Indians not taxed” from Congressional apportionment and thus the census. These proposals, often couched in the hyperbolic political rhetoric of the age, came primarily from New England Federalists who complained that Jefferson’s margin of victory in the presidential election in 1800 was determined by “slave representation” in the Electoral College (Dwight, 1812; Drake, 1999; Sigler, 1966; Simpson, 1941). As time went on, it became clear that the “direct taxes” provision of the Constitution was a dead letter, and that the balancing of the burdens of taxation with the privilege of representation envisioned by the Three Fifths Compromise would not be implemented in tax policy. Relatedly, the dramatic population growth of the United States revealed that volatile political shifts could be expected in Congressional delegations each decade, and that those states that grew slowly would see their influence reduced in the national government. Thus when Missouri, the first Louisiana Purchase territory north of the Ohio River and west of the Mississippi asked for statehood, Northern Congressmen forced the issue of the future of slavery, political representation, and statehood on to the public agenda (Richards, 2000; Robinson, 1971). By the time the debate finished, Missouri had been admitted to the union as a state with slavery, but more importantly for our purposes, Congress had taken its first step in producing statistics on racial groups in the census. The trigger of the Missouri debates was an amendment to the Missouri statehood bill proposed by New York Congressman James Tallmadge in early 1819. The amendment would have banned the introduction of slaves to the 26 state and mandated gradual emancipation at the age of 25 of children born to slaves. The amendment “provided [...] that the further introduction of slavery or involuntary servitude be prohibited, except for the punishment of crimes, whereof the party shall be duly convicted; and that all children of slaves, born within the said state, after the admission thereof into the Union, shall be free, but may be held to service until the age of twenty-five years” (Journal of the House of Representatives of the United States, 15th Congress, 2nd session, February 16, 1819, 272) Tallmadge and supporters of the amendment made it plain they opposed the extension of slavery into the new states of the west, and opposed “slave representation” in principle. They were willing to concede the Three Fifths Compromise to the original states that had fought to free the country from the British. But they were unwilling to extend the principle to new states and sought to “protect ‘the rights of freemen against further abridgement by the virtual representation of slaves’” (quoted in Simpson, 1941, 336). The amendment passed the House, was struck from the bill in the Senate. The two houses deadlocked on further action, and Congress adjourned in March 1819. The Tallmadge amendment set in motion two years of impassioned rhetoric about the constitutional authority of Congress, the future of slavery in the west, and the likelihood of ultimate conflict between North and South over slavery. Jefferson called the Missouri debates “a fire bell in the night”, and they are generally seen as the beginning of the sectional conflict which led to the Civil War. The debates also represented the first time that Southerners responded 03-anderson 001-038.qxd 7/04/06 15:58 Page 27 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS to the attack on “slave representation”, and defended slavery as an institution and the three fifths ratio broadly. The attack on the ratio and its defense hardened conceptions on slavery and representation on both sides of the issue and forced to the fore a new conceptual framework for discussing slavery and emancipation. Legislators on both sides of the debate framed their arguments in terms of the “race” of the slaves and the differences between “whites” and “people of color” (Simpson, 1941; Moore, 1953; Fehrenbacher, 1995). One line of argument treated the implications of the Three Fifths Compromise on the apportionment of Congress. Supporters of the Tallmadge amendment argued that Congress should extend the principle banning slavery that governed the Northwest Ordinance. Since Missouri would be a “new sovereignty”, and “slavery ought to be extinguished in the limits of every sovereignty, if it can be effected without dangerous consequences”. In response to claims that “slaves are as happy as the lower class of white people”, Congressman Joseph Hemphill responded that “it must be in consequence of the degradation to which they are reduced; their faculties are not allowed that expansion which nature intended; they are kept in darkness, and are unacquainted with their true situation...” (Annals of Congress, 16th Congress, 1st session, February 20, 1820, 1133-34). And he continued by making the political argument: “Independent of any considerations of humanity, many of a political character exist. The balance of power between the original States will be disturbed; as, according to the mode prescribed by the Constitution, the owner of one hundred slaves has as much influence in the representation as sixty-one freemen; and as direct taxation is but seldom resorted to, it is by no means an equivalent. This may often give a minority of the freemen a control over the politics of the country. This unquestionably is a hard bargain, but it one what has not been made with the inhabitants of Missouri.” Supporters of banning slavery in Missouri also saw that the principle of expanding slavery westward would come up when statehood was debated for future states, or future territories acquired. Congress had eyed additional territory in the Caribbean and Spanish Florida. Congressman John W. Taylor of New York asked rhetorically:“Are the millions of slaves inhabiting these countries, too, to be incorporated into the Union and represented in Congress? Are the freemen of the old States to become the slaves of the representatives of foreign slaves?” (Annals of Congress, 16th Congress, 1st Session, January 27, 1820, 966). And Congressmen were quite willing to consider as primary the impact of Congressional decision making on white Americans. “Preference out to be given to a white population over a black population, as it regards the strength and prosperity of the nation. Slaves have no ambition; they can never become expert as soldiers, sailors, or artificers; in time of war, the country would be weakened by them... In time of peace, slavery has a pernicious tendency on the industry of white people...” (Annals, 1134). Southerners responded by opening a second line of argument. They recognized that Tallmadge amendment supporters were ambivalent in their support for political and economic rights for free people of color. They thus 27 03-anderson 001-038.qxd 7/04/06 15:58 Page 28 MARGO ANDERSON shifted the grounds of the debate by claiming that the real issue was not the evil of the institution of slavery but the problem posed by racial identity of the slaves. They recognized that the Tallmadge amendment supporters’ defense of “white people” could be exploited to conjure up a worse evil of political participation by people of African ancestry if the institution of slavery were confined to the original states or ended altogether. So, Southerners pointed to the situation of free blacks in northern states that had abolished slavery: “There is no place for the free blacks in the United States—no place where they are not degraded. If there was such a place, the society for colonizing them would not have been formed; their benevolent design never known. A country wanting inhabitants, and a society formed to colonize a part of them, prove there is no place for them.” Senator Nathaniel Macon of North Carolina pointed to the convulsions in Haiti. “And are you willing to have black members of Congress? But if the scenes of St. Domingo should be reacted (reenacted), would not the tomahawk and scalping knife be mercy?” (Annals of Congress, 16th Congress, 1st session, January 20, 1820, 227-28). Southerners also challenged the claim that slaves should not be represented because they had no political rights (Annals of Congress, 16th Congress, 1st session, February 1,1820, 356-7). In what way, I would ask, is the just principle of representation violated, by taking three-fifths of the slaves in the calculation? The answer is given, because slaves have no political rights. And what political rights have the female and the minor? And how many 28 free persons of full age are excluded from the exercise of the elective franchise in the different states? Yet all are taken into the enumeration as the basis of representation... If Northerners found the three-fifths rule and slavery wrong, Southerners were perfectly willing to drive home the logic of emancipation (Annals of Congress, 16 th Congress, 1st session, January 20, 1820, 229): “Emancipate them and they stay where they are; and two-fifths of their number will be added to the representation, though they are not permitted to enlist in our army.” The resolution to the controversy over slavery and the admission to Missouri to statehood was another sectional compromise. Ultimately, Northerners and Southerners in Congress admitted Missouri as a slave state, Maine as a free state, and set a line at 36 30' latitude to determine territory where new states could be created with slavery. The rhetoric on both sides was agonized and stilted, with Northerners emphasizing the illegitimacy of slavery as an institution, but emphasizing that illegitimacy was a threat to white freemen and the republic, while saying less about the future of the slave population once freed. Southerners by and large continued to deplore the institution, but claimed it could not so easily be reformed. The escalating rhetoric on both sides obscured the issues Tallmadge originally posed, and which in hindsight one can see needed to be addressed, namely how to determine a way to end slavery and provide for the emancipation and economic integration of the enslaved population and their descendants into American life as freemen. 03-anderson 001-038.qxd 7/04/06 15:58 Page 29 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS NEW QUESTIONS IN THE 1820 CENSUS As the Missouri debates continued, Congress took up the legislation for the 1820 or Fourth Census. The legislative debates of earlier decades had firmly established the principle that the decennial census could serve additional functions beyond the bare population count required for reapportionment. Hence Congress discussed what new questions they might wish to add to the census, and by January 1820 were debating adding ambitious new questions on the demography of the slave and free black population. Throughout the Missouri debates, the Three Fifths Compromise made members on both sides well aware of the underlying of the issues of population growth embedded in discussions of admitting new states to the Union. Both sides resorted to analysis of population patterns to support their point of view. While supporting the original proposal to admit Missouri, House Speaker Henry Clay claimed that allowing slavery in the new state would permit slaves could be “diffused” or “dispersed” over a wider geographic area, which in turn would improve their social and economic condition, lessen the danger of a slave rebellion, and eventually lead to the end of the institution of slavery (Moore, 1953, 46). James Tallmadge’s original amendment to the statehood bill was a challenge to such theories, designed to force the issue of emancipation onto the immediate legislative agenda. Rather than rely on a vague claim that “natural” population dynamics would eventually put an end to slavery, Tallmadge and his supporters argued, simply legislate an end to the institution as the state was admitted to the union. Other supporters of the Tallmadge amendment made an additional point, that abolition would occur more predictably in the South if slaves were constrained to the states where slavery was legal. To prove their points, advocates of diffusion and the advocates of legislative measures banning slavery from the territories enlisted the emerging scientific theories of population dynamics, particularly those of Malthus. By late 1819, newspaper reports of the legislative debates and pamphlet literature discussed the population growth patterns for the slave population in the U.S. in the first three censuses. The data were meager, since Congress had not mandated the collection of any information beyond the number of slaves and “other free persons” in households. There was no information on the age or sex distributions of the slave or free black population, nor even accurate information on whether “other free persons” were free blacks, Indians, of mixed ancestry, or simply not “white”. But the lack of information did not stop the analyses. Writers freely made the conceptual leaps and compared the growth patterns of the slave population to those of the white population and “other free people”, redefined as free people of color. As the months wore on, writers developed elaborate theories of population competition between slaves and whites, and considered whether opening Missouri to slavery would simply rearrange the existing slave population geographically (Clay’s diffusion argument), or whether it would lead to an increase in the slave population, and perhaps even constrain the growth of the free population. The most prominent of the antislavery analyses of population dynamics came from Daniel Raymond, a Baltimore 29 03-anderson 001-038.qxd 7/04/06 15:58 Page 30 MARGO ANDERSON attorney and political economist. Raymond published a pamphlet, The Missouri Question in late 1819 (Raymond 1819). He claimed that the laws of population proved that the only way to guarantee an end to slavery and the ultimate dominance of the free population in the U.S was to prevent the expansion of slavery to the new states in the West and support gradual emancipation in the rest of the country. Raymond constructed complex arguments and calculations from census data designed to show differential population growth rates on the slave, free white and other free population in different states. Raymond used “science” to shift the argument against the expansion of slavery away from humanitarian issues of human exploitation and made an appeal to the self interest of the slave holders. He claimed that slaveholders faced ultimate insurrection from their slaves because the laws of population and the empirical data from the census showed that the trajectory of population growth would lead to numerical dominance of slaves in the South. Eventually, Raymond argued, the outnumbered slaveholders would face rebellion of their slaves. His solution was voluntary gradual emancipation. He confronted the issue of the integration of the freed population into the nation, dismissing colonization schemes as unrealistic. He also dismissed the arguments of those who were reluctant to integrate manumitted slaves into the larger society, and considered if the so called “mischiefs of a parcel of idle, vagabond, pilfering blacks” would be a threat to society. “The mischiefs [...] are only for a generation or two at most, for the idle vagabond blacks do not raise families, or comparatively none.” “The character of manumitted slaves, materially changes in the course of 30 one or two generations”, he claimed. He was confident that the freed black population would, within two generations, acquire the “habits of the whites, and make equally as good citizens” (Raymond 1819, 27-8). Southerners reacted angrily to Raymond’s pamphlet and similar arguments about the necessity of constraining slavery, and hence slaves, to the older states of the union. In February 1820, for example, South Carolina Senator William Smith attacked Raymond on the Senate floor, noting that most anti slavery tracts attacked slaveholders for their “severe and cruel treatment” of their slaves. In contrast, he noted, Raymond’s objection is, they are treated so humanely that they will shortly overspread the whole land. If these people increase to the extent supposed, it is uncontrovertible evidence that they are well fed, well clothed and supremely happy. There is no class of laboring people on the globe […] who are more happy... This Mr. Raymond, and some other gentlemen […] have all concurred on the same opinion, that it is better to condense these people within the limited space of the old states, and by that means to reduce their numbers by a state of starvation and oppression. Heap cruelty on them to destroy the race (Annals of Congress, 1820, 267). It was in the context of these debates of population dynamics that Congress took up amendments to the 1820 census bill. The original bill for taking the 1820 census was introduced in the House of Representatives in the second session of the 15th Congress in December 1818. H.R. 239 provided for the same questions asked in 1810, and was introduced at about the same time as the 03-anderson 001-038.qxd 7/04/06 15:58 Page 31 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS original Missouri statehood bill, but well before Tallmadge introduced his amendment for gradual emancipation in February 1819. H.R 239 envisioned no new inquiries into the demographic characteristics of the population by race. Congress did not act on the census bill so when Congress adjourned in March 1819, the bill died. One year later, in the first session of the 16th Congress, in December 1819, the substance of H.R. 239 was introduced again. H.R. 22 also proposed using the same questions asked of the population in 1810. By the time members of the House of Representatives took up the bill in discussions of the Committee of the Whole in January 6,1820, the Missouri debates raged. The representatives considered a variety of new questions, including a question on the foreigners not naturalized in each household, the number of individuals engaged in agriculture, commerce and manufacturing in each household, the number of dwelling houses in the area, the number of “free married persons” in each household. On the surface, there was little connection between the census bill and the vexing questions of the extension of slavery. The House voted to add questions on occupation to the schedule. They also approved the question on naturalization of the foreign-born to the population schedule and mandated a census of manufactures, while rejecting the questions on free married persons and the number of dwelling houses. In the midst of the debate on these amendments, Rep. Charles Rich of Vermont proposed an amendment to add an extensive new set of questions on the characteristics of the slave and free black population. Rich “moved that free colored persons be enumerated, and returned separately, with their ages classed in the same manner as slaves” (Annals of Congress, 1820, 880). There were four proposed age categories, under fourteen, 14-25, 26-44, 45 and older. Rep. Samuel Smith of Maryland challenged Rich and asked “to know the policy of thus informing, by official enumeration and publication, that class of population of their strength and numbers. What good was to grow out of it?” (Ibid.) House Speaker Henry Clay, the advocate of the diffusion theory of population dynamics, then responded, noting that “the amendment had been offered partly on his suggestion, and he could see no possible mischief in the provision. As to its policy, it would effect more completely one of the objects of taking the census, which was to show the comparative increase in all classes of our population, and enable to Government to carry into effect more perfectly the purposes of the periodical enumeration”. (Ibid.) In other words, the data would speak to the issues of “diffusion”, “dispersion” and population growth that were at the heart of the Missouri debates. Debate continued and Rep. John Campbell of Ohio proposed expanding the age cohorts to specify children under 10, one of the same age cohorts used for the white population. Clay and his supporters opposed this proposal, and after further discussion, the original amendment was was approved. The amended H.R. 22 passed the House on January 21 and went to the Senate. The Senate approved the bill on March 8. It was signed by President James Monroe on March 14. Congressional documents are silent on whether there was any further debate on the expansion of the census questions 31 03-anderson 001-038.qxd 7/04/06 15:58 Page 32 MARGO ANDERSON on the slave and free black population, and the meager record of debate leaves many questions unanswered3. The brief record of January 6, 1820, for example, is silent on exactly how to revise the population schedule for the new questions, particularly since the amended bill made distinctions not only of age, as discussed in debate, by also of sex. The amended schedule also left the column for “all other free persons, except Indians not taxed” without further specification about who was intended to be listed in that column. The four age cohorts Rich proposed added 16 new columns to the population schedule, four for each sex for slaves and the free colored. To that point, Congress had strenuously resisted such elaborate expansions of the census schedule (Fliss, 2000). The schedule had expanded from 6 questions in 1790 to 14 in 1810. The 1820 census had 34, 16 of which were the new questions on the age and sex of the slave and free colored population. Generally when proposals for controversial census questions were proposed, they did not find majority support in the House. Without a roll call of the vote on Rich’s amendment, we are left without definitive information on whether antislavery representatives voted for the bill. Yet it is not hard to see that the new data might also be useful to the antislavery advocates, because they would permit the identification of the slave and free black population under 26 and 26 and over, thus provide data for arguments on proposals for gradual emancipation such as Tallmadge’s. Yet because Congress refused to make the questions for the slave and free black population the same as those used for the white population, the new questions also firmly conceptualized the 32 population dynamics of the free black population in comparison with the slave population, rather than in comparison with the free white population. The civil status of slave vs. free was still visible in the census questions, but the new systematic classification of the population by color presented a rival understanding of the dilemmas posed by race based slavery. In short, at the census of 1820 “color” or “race” became an analytical category in the census, rather than an attribute to be inferred about the residual groups left after Congress had exhausted its affirmative legislation (Rodriguez, 2000; Nobles, 2000). PATHS NOT TAKEN The Three Fifths Compromise and the legislation for the first three censuses made it possible to conceptualize the American national population dynamics in racial terms, but the full implications of a racial understanding of population remained latent. With the changes made to the census form in 1820, Congress embedded an official “race” classification in the statistical practice of the American state and made such understanding the normal framework for the analysis of population change. At the same time, Congress did not expand the census to inform questions of slavery and emancipation. To see the implications of this step it is useful to explore alternatives. If Congress had been interested in emancipation, rather than racial definition and analysis of the “colored” population, they could, for example, have asked for identification of manumitted slaves. This question would have illuminated a number of issues that were on the public agenda at the time. They included what happened to recently 03-anderson 001-038.qxd 7/04/06 15:58 Page 33 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS emancipated slaves, where they lived, what occupations they pursued. Admittedly, asking Congress to stand above the emerging racialist and racist discourse4 may be asking too much. Yet if one is going to strip away the ideological baggage that surrounds this statistical classification, one must be able to envision alternatives, and consider briefly the possible implications of the racial statistics in the U.S. statistical system today (see also Anderson and Fienberg, 2001; Perlmann and Waters, 2002). The decision to inaugurate statistical data collection on the “colored” population fostered further demographic analysis of the growth and trajectory of the American population in racial terms. As Cocks (1967) and Hodgson (1995) have shown, a series of scholars, North and South, continued to argue within a Malthusian tradition over whether a “white” population would be “degraded” or threatened by slavery, whether “colored” slaves, if freed, could “compete” with “whites”. Eventually, statisticians predicted (quite incorrectly) that the black population would “follow the fate of the Indians”5. In later years, additional census questions were added to specify divisions of the population by “race”, or “color”, and led to data analyses supporting elaborate theories of racial difference. The 1840 census, for example, asked for the number of insane and idiotic at public charge and at private charge for whites and colored. When the tabulated results seemed to show a higher rate of insanity for the northern black population than for the southern black population, defenders of slavery argued that the data proved that blacks went insane if freed, and hence slavery was the appropriate civil status for blacks (Cohen, 1982; Nobles, 2000; Schor, 2001). Though Massachusetts physician and statistician Edward Jarvis demonstrated that the census tabulations from these questions were in error, a militant Southern supporter of slavery was Secretary of State and in charge of the administration of the census. John C. Calhoun was not about the change the data. The 1850 census was deployed to test the theory of the polygenesis of human origins, as Congress debated whether “mulattoes” were infertile and akin to mules. Such population analysis by “race” or “color” gave the appearance of providing policy guidance on the “peculiar institution”, but in fact tended to deflect analysis of the situation of slaves and the institution of slavery (Williamson, 1980; Nobles, 2000; Anderson, 2002). In short, U.S. statistics on “race”, as currently conceptualized, may deflect attention from rather than providing support to a project of eradicating domination, exclusion or extermination on the basis of “race”. Fredrickson distinguishes racism, including scientific racism, from ethnocentrism and other forms in ethnic intolerance because it precludes the possibility of assimilation or conversion. Because biology in this view really is destiny, the statistical classification of “race” carries the understanding that individuals or groups belong to coherent and permanent social groups. People cannot change their own “race”, nor can the “society” through law, or individuals or social groups through their actions (e.g., intermarriage) assimilate individuals to a different “race” or convert someone’s “race”. This leaves little room to avoid a “racist” framework. The “racial” classification of individuals is pervasive in official data systems 33 03-anderson 001-038.qxd 7/04/06 15:58 Page 34 MARGO ANDERSON in the United States, including health care records, employment records, law enforcement records, and census and survey records. Other sensitive ethnic or ancestry classifications, including nativity for the foreign born, or language spoken, mark an individual and are embedded in the statistical data systems of the nation, but they do not function as the permanent markers as “race” does. For public policy purposes, foreign born status is a proxy for alien status, which can be changed through naturalization. The native born children of the foreign born are citizens by birth whether the parent is a citizen or not. English language ability can be acquired. As a result, unlike other ethnic demographic categories, “race” statistics exist for the entire 210 year trajectory of the American republic6. Data analysts tend to like such stability of classification systems because they seem easier to use. One doesn’t need to fuss with the changing meaning of categories in the classification (Is a Prussian the same as a German?), or the origin or elimination of the classification altogether. By way of comparison, statistics on aliens are remarkably variable in the United States, with no official classification system akin to the Office of Management and Budget Directive 15, “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity” (Smith, 2002). In 2000, the U.S. census question permitted an individual to “select one or 34 more” races. The question is a first step in attenuating the unidimensional and essentialist conception of race, but it is merely a first step, because “race” categories are so limited and so embedded in the historical fact of slavery, exclusion and exploitation. The problem with “race” as a statistical classification is that it does not do the work of revealing the complexity of social statuses which are really the items of interest to policy makers. Two examples illustrate the problem. First, in current U.S. statistical practice, a 21st century immigrant to the United States from Africa is an “African American” and thus classified in the same racial population group as a descendant of a slave brought from the West Coast of Africa to XVIIth century South Carolina. Relatedly, a refugee from the former Yugoslavia, Iraq or Afghanistan is classified in the same racial population group as descendants of the English Puritans of the XVIIth century. And closer to the time period of the subject of this paper, the way that the 1830 census taker in Charlottesville, Virginia acknowledged Sally Hemings’ recent emancipation after Thomas Jefferson’s death (in 1826) was to list her as “white” (Gordon Reed, 1997). Margo ANDERSON Department of History University of WisconsinMilwaukee Milwaukee WI 53201 414 229 3969; 414 229 2435 FAX 03-anderson 001-038.qxd 7/04/06 15:58 Page 35 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS NOTES 1. By scientific racism I mean the conception, grounded in scientific knowledge, that some humans are physically or biologically different from and inferior to other humans, and that one can reliably identify such different and inferior humans through physical traits and group them together into identifiable “races” that evolved from human settlements in different parts of the globe. The most powerful scientific grounding of the conception lay in the emerging natural sciences, particularly the biological sciences which embedded their analysis in the same techniques and analytic tools developed for the analysis of the animal world. Secondarily the social sciences provided scientific justification for scientific racism. A corollary of such a conception is that political, economic and cultural leaders of human society must acknowledge these biological realities and develop institutions that accommodate the capacities and needs of these different and inferior humans and integrate them into the larger human world. Scientific racism, in this view, as Fredrickson (2002) argues, differs from other forms of ethnic chauvinism and intolerance, by not allowing for a mechanism of eradicating such differences through conversion (as with religiously defined groups), or assimilation, most notably intermarriage. Racial domination, exclusion or extermination of the inferior group then becomes an acceptable social policy. 2. I am indebted to the recent work of Nobles (2000), Rodriguez (2000) and Schor (2001), who have done recent important work on these issues, though I am not sure they would support much of the analysis here. See also (Zuberi, 2001). 3. Verbatim transcripts of House proceedings were not recorded in the early national period. The surviving record was compiled between the 1830s and 1850s from newspaper accounts and published as the Annals of Congress. 4. I am following Fredrickson’s terminology here. See (Fredrickson, 2002, 153-54). 5. For the latter phrase see (Fredrickson, 1971, 252), quoting Walter Willcox, Chief Statistician in the Census Office at the 1900 Census. 6. Official statisticians went back to the data from 1790 to 1810 and republished the data on slaves and other free persons as data on “race” or “color”. See for example, U.S. Bureau of the Census, 1975, 3,14. A useful further contrast with the ubiquity of “race” statistics is the absence of data collected on religious identity in the American statistical system. There have been many proposals to ask questions on religion in official statistical inquiries, but they have all run afoul of the First Amendment ban on state interference with freedom of religion. Thus the United States cannot reliably identify Catholics and Protestants, Jews or Muslims in official statistics. See for example, (Perlmann, 2001 ; Foster, 1961). BIBLIOGRAPHICAL REFERENCES ANDERSON, Margo (1994), "(Only) White Men Have Class: Reflections on Early XIXth-Century Occupational Classification Systems", Work and Occupations, 21, 5-32. ANDERSON, Margo (1988), The American Census: A Social History, New Haven, Yale University Press. ANDERSON, Margo (2002), "Counting by Race: The Antebellum Legacy", 269-87, in The New Race Question, Joel Perlmann and Mary Waters (eds.), New York, Russell Sage Foundation ANDERSON, Margo, FIENBERG, Stephen E. (1999), "The History of the First American Census and the Constitutional Language on Censustaking: Report of a Workshop”, Report to the Donner Foundation <http://lib.stat.cmu.edu/~fienberg/DonnerReports> July, 1999. ANDERSON, Margo, FIENBERG, Stephen E. (2001), Who Counts? The Politics of Census Taking in Contemporary America, revised edition, New York, Russell Sage Foundation 35 03-anderson 001-038.qxd 7/04/06 15:58 Page 36 MARGO ANDERSON BAILYN, Bernard (1967), The Origin of American Politics, New York, Vintage Books. BALINSKI, Michel, YOUNG, H. Peyton (1982), Fair Representation: Meeting the Ideal of One Man, One Vote, New Haven, Yale University Press. 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FLISS, William (2000), “An Administrative and Political History of the Early Federal Census, 1790-1810”, Master’s Thesis, University of Wisconsin-Milwaukee. FOSTER, Charles R. (1961), "A Question of Religion", The Inter-university Case Program # 66, Bobbs Merrill. FREDRICKSON, George (1971), The Black Image in the White Mind, New York, Harper & Row. FREDRICKSON, George (2002), Racism: A Short History, Princeton, Princeton University Press. 36 GORDON REED, Annette (1997), Thomas Jefferson and Sally Hemings: An American Controversy, Charlottesville, University of Virginia Press. GOSSETT, Thomas (1963), Race: The History of an Idea in America, Dallas, Southern Methodist University Press. HODGSON, Dennis (1995), “Images of Race and Responses to Malthus: The Study of Population in Antebellum America”, paper presented at the American Sociological Association, Washington, D.C. 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NOBLES, Melissa (2000), Shades of Citizenship: Race and the Census in Modern Politics, Stanford, Stanford University Press. OHLINE, Howard (1971), “Republicanism and Slavery: Origins of the Three-Fifths Clause in the United States Constitution”, William and Mary Quarterly, 28 (October 1971), 563-84. 03-anderson 001-038.qxd 7/04/06 15:58 Page 37 THE MISSOURI DEBATES, SLAVERY AND STATISTICS OF RACE: DEMOGRAPHY IN SERVICE OF POLITICS PERLMANN, Joel (2001), “Race or People: Federal Race Classifications for Europeans in America, 1898-1913”, Working Paper No. 320, Annandale-on-Hudson, NY, The Levy Economics Institute of Bard College <http://www.levy.org>. PERLMANN, Joel, WATERS, Mary (eds.) (forthcoming), The New Race Question, New York, Russell Sage Foundation. RAKOVE, Jack (1979), The Beginnings of National Politics: An Interpretive History of the Continental Congress, New York, Knopf. RAYMOND, Daniel (1819), The Missouri Question, Baltimore, Schaeffer & Maund. RICHARDS, Leonard (2000), The Slave Power: The Free North and Southern Domination, 1780-1860, Baton Rouge, Louisiana State University Press. ROBINSON, Donald (1971), Slavery in the Structure of American Politics, 1765-1820, New York, Harcourt Brace Jovanovich, Inc. RODRIGUEZ, Clara (2000), Changing Race: Latinos, the Census, and the History of Ethnicity in the United States, New York, New York University Press. SCHOR, Paul (2001), « Compter et classer : Histoire des catégories de la population dans le recensement américain, 17901940 », (Counting and Classifying: A History of the Population Categories in the U.S. Census, 1790-1940), These, History, Paris, EHESS. SIGLER, Jay (1966), “The Rise and Fall of the Three-Fifths Clause”, MidAmerica, 48 (October 1966), 271-77. SIMPSON, Albert (1941), “The Political Significance of Slave Representation, 1787-1821”, The Journal of Southern History, 7 (August 1941), 315-42. SMITH, Marian L. 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ZUBERI, Tukufu (2001), Thicker than Blood: How Racial Statistics Lie, Minneapolis, University of Minnesota Press. 37 03-anderson 001-038.qxd 7/04/06 15:58 Page 38 MARGO ANDERSON SUMMARY In 1819, the U.S. Congress debated the admission of Missouri to the union as a new state. Missouri was the second state created from the Louisiana Purchase, and was the first state admitted in the Northern part of the territory. Rep. James Tallmadge of New York offered an amendment to the statehood bill to ban the introduction of slaves to the new state and mandate gradual emancipation at the age of 25 of children born to slaves already there. The amendment was not enacted, but it began a debate about the constitutional authority of Congress to regulate slavery. In the 1820 census taken one year later, Congress began to collect data on the age and sex distributions of the slave and the "free colored" population. These data inaugurated official statistics on “race” or “color” in the federal statistical system. The paper raises questions about the impact of these data on the understanding of American population dynamics and abolition. RÉSUMÉ En 1819, le Congrès américain se mit à discuter de l'admission du Missouri comme nouvel État de l'Union. Le Missouri était alors le second État créé depuis l'achat de la Louisiane et le premier admis au sein de la partie septentrionale du territoire. James Tallmadge, représentant de l'État de New York, proposa un amendement au projet de loi interdisant l'introduction d'esclaves dans le nouvel État et rendant obligatoire une émancipation progressive des enfants nés des esclaves déjà présents lors de leur vingtcinquième anniversaire. Cet amendement ne fut pas promulgué mais il lança le débat 38 concernant le droit constitutionnel du Congrès de réguler l'esclavage. Dans le recensement effectué l'année suivante, le Congrès commença à recueillir des informations sur les distributions par sexe et âge des esclaves et des populations « libres de couleur », inaugurant les statistiques officielles sur la « race » ou la « couleur » au sein du système statistique fédéral. L'article s'interroge sur l'impact de ces nouvelles données sur la compréhension des dynamiques de la population américaine et le processus d'abolition.