The issues of race and slavery fill the pages of Virginia's history for the next century. These questions played out differently in every state. In Virginia, the following complex factors pulled the state in different directions:
- Slaves were a minority of the state's population, but their numbers were high enough that in many areas, they did constitute a majority.
- Virginia's free Black population was long established; the state had a solid demographic and legal basis for Black freedom, unlike states like Carolina where race and enslaved status were synonymous.
- Virginia's slaveowning class had centuries of experience cultivating a politics of White solidarity against Blacks, stamping out class-based opposition to slavery. This is also in contrast to Carolina, where antislavery royal governors worked to harness lower-class resentment of the power of slaveowners.
- The ASB had no confederal law on fugitive slaves. States that had abolished slavery had differing laws on fugitives from other states, but by the later 19th century the clear trend was to welcome them as refugees rather than pursue them as criminals
- After the interstate slave trade was abolished, slavery became more of an economic burden than a benefit for many planters.
That last factor proved to be the most crucial in slavery's endgame in Lower Virginia. The first major conflict erupted in the 1860s over manumissions. With slavery no longer as profitable as it had been, especially for small and mid-sized planters, many owners began to free their slaves in greater njumbers. A frightened General Assembly, dominated by the interests of the great planters, passed a series of restrictions on when and how masters could manumit their slaves. A slew of court cases followed, brought by both planters and freedmen, challenging these laws on constitutional grounds. Some of the suits were successful and others were not, so for many years it was hard to say just what the law was on manumission. To meet the objections of the planters, some politicians proposed subsidies that would essentially pay the masters for keeping their slaves, but the state's treasury could not support such a program.
The next conflict concerned discriminatory laws. Lower Virginia's free Black population had long enjoyed the protections afforded them by common law, but some laws had made their way into the state code that did discriminate based on race. Now, with the number of freedmen in the state seeming to get bigger by the day, new laws were trotted out to restrict their rights, especially their right to vote. Racial discrimination in general could not pass legal muster, but judges were more favorable to laws that discriminated based on prior condition of servitude, and even the status of the parents.
By the late 1870s, the state had reached a legal consensus over what laws were permissible on manumission and discrimination. But the writing was on the wall that slavery would have to end. In 1880, Lower Virginia, Carolina, and Cuba were the only states where slavery still existed and had not been slated for eventual abolition - and that year, Carolina passed a law of immediate, universal emancipation in an atmosphere of civil turmoil. Fighting in Carolina easily crossed the border into Lower Virginia. When some freedman and fugitives started to join up with antislavery militias, the state appeared on the verge of a full-blown rebellion.
The rest of the ASB now stepped in. Public opinion across the confederation had turned sharply against the diehard slave states, and for many, the bloodshed in the south was the last straw. Parliament passed a law in 1882 that gave all states five years to abolish slavery, however they went about it. When some in Lower Virginia vowed to resist the law, Chief Minister James Garfield declared that abolition was not a matter of mere internal state policy, but of general peace and security; and that the confederal troops that Carolina had requested were more than able to go north to deal with civil strife in Lower Virginia. Cornered, the Lower Virginians acquiesced. However, they would be able to gain more support from other states in forcing Garfield to withdraw his even more controversial proposal for universal voting rights.
Since slavery had been declining for decades before the 1887 deadline, emancipation was not as much of a shock in Lower Virginia as it was elsewhere. The remaining slaves largely were working for only the wealthiest masters on the largest plantations, and a majority stayed there as sharecroppers and paid workers when their status changed. Laws limiting the civil and political rights of freedmen faced only weak opposition from the established free people of color. In 1896 universal male suffrage became the law of the ASB; Lower Virginia resorted to clever ways to limit this group's participation in elections.
The turn of the twentieth century brought still more changes as the Industrial Revolution came to Lower Virginia. The end of slavery indeed added stimulus to the economy as both capital and labor were freed up to redirect themselves to industry. Growing urban middle and working classes would transform Lower Virginia in the coming century.