Chapter XXIV: Section IX
I. The migration or importation of such persons as any of the states
now existing shall think proper to admit, shall not be prohibited by
the congress, prior to the year one thousand eight hundred and eight,
but a tax or duty may be imposed on such importation, not exceeding
ten dollars for each person.
As we have already said, this question of slavery was a fertile apple of discord in the convention, and even then it threatened to break up the Union; South Carolina and Georgia insisted on having slavery in the fullest meaning of the accursed thing, or they would not enter the Union. They would not only hold slaves, but they would import them; and hence the Constitution provided for “_the migration of such persons as any of the States now existing shall think proper to admit_,” prior to the year 1808, when the importation of slaves was to cease. Until January, 1808, South Carolina traded to the African coast for the souls and bodies of men, all the other states having before that time entirely discontinued it. While we are on the subject of slavery, we must mention that, when, in the convention, the articles of the proposed Constitution were being drawn up, one for the mutual delivery of fugitives from justice came in due course, on which Pierce Butler proposed, and Charles C. Pinckney, both of South Carolina, seconded, the motion that fugitive slaves and servants should be included. Wilson of Pennsylvania objected, and Butler withdrew his motion; but the next day introduced a clause, substantially the same with that now found in the Constitution, viz.: “that no person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour is due.” (See Article IV. Sect. iii.) This being copied from one of the provisions of the old New England Confederation, passed unobserved.
II. The privilege of the writ of habeas corpus shall not be suspended,
unless when, in cases of rebellion or invasion, the public safety may
require it.
III. No bill of attainder, or ex post facto law, shall be passed.
IV. No capitation or other direct tax shall be laid, unless in
proportion to the census, or enumeration, herein before directed to be
taken.
V. No tax or duty shall be laid on articles exported from any state.
No preference shall be given, by any regulation of commerce or
revenue, to the ports of one state over those of another; nor shall
vessels, bound to or from one state, be obliged to enter, clear, or
pay duties in another.
VI. No money shall be drawn from the treasury, but in consequence of
appropriations made by law; and a regular statement and account of the
receipts and expenditures of all public money shall be published from
time to time.
VII. No title of nobility shall be granted by the United States; and
no person holding any office of profit or trust under them, shall,
without the consent of congress, accept of any present, emolument,
office, or title of any kind whatever, from any king, prince, or
foreign state.
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A popular history of the United States of America, Vol. 2 (of 2)Chapter XXIV: Section IX
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