Students of law saw protection for slavery in Jay's treaty which guaranteed to the settlers their property of all kinds.[12] When, therefore, the slave question came up in the Northwest Territory about the close of the eighteenth century, there were three classes of slaves: first, those who were in servitude to French owners previous to the cession of the Territory to England and were still claimed as property in the possession of which the owners were protected under the treaty of 1763; second, those who were held by British owners at the time of Jay's treaty and claimed afterward as property under its protection; and third, those who, since the Territory had been controlled by the United States, had been brought from the commonwealths in which slavery was allowed.[13] Freedom, however, was recognized as the ultimate status of the Negro in that territory.
This question having been seemingly settled, Anthony Benezet, who for years advocated the abolition of slavery and devoted his time and means to the preparation of the Negroes for living as freedmen, was practical enough to recommend to the Congress of the Confederation a plan of colonizing the emancipated blacks on the western lands.[14] Jefferson incorporated into his scheme for a modern system of public schools the training of the slaves in industrial and agricultural branches to equip them for a higher station in life.

He believed, however, that the blacks not being equal to the white race should not be assimilated and should they be free, they should, by all means, be colonized afar off.[15] Thinking that the western lands might be so used, he said in writing to James Monroe in 1801: "A very great extent of country north of the Ohio has been laid off in townships, and is now at market, according to the provisions of the act of Congress....

There is nothing," said he, "which would restrain the State of Virginia either in the purchase or the application of these lands."[16] Yet he raised the question as to whether the establishment of such a colony within our limits and to become a part of the Union would be desirable.

He thought then of procuring a place beyond the limits of the United States on our northern boundary, by purchasing the Indian lands with the consent of Great Britain.

He then doubted that the black race would live in such a rigorous climate.
This plan did not easily pass from the minds of the friends of the slaves, for in 1805 Thomas Brannagan asserted in his _Serious Remonstrances_ that the government should appropriate a few thousand acres of land at some distant part of the national domains for the Negroes' accommodation and support.