Chapter CVII: Introduction (4)

Mr. Davie. Mr. Chairman, I will endeavor to obviate what the gentleman last up has said. I wonder to see gentlemen so precipitate and hasty on the subject of such awful importance. It ought to be considered, that _some_ of _us_ are slow of apprehension, not having those quick conceptions, and luminous understandings, of which other gentlemen may be possessed. The gentleman "does not wish to be represented with negroes." This, sir, is an unhappy species of population, but we cannot at present alter their situation. The Eastern States had great jealousies on this subject. They insisted that their cows and horses were equally entitled to representation; that the one was property as well as the other. It became our duty on the other hand, to acquire as much weight as possible in the legislation of the Union; and as the Northern States were more populous in whites, this only could be done by insisting that a certain proportion of our slaves should make a part of the computed population. It was attempted to form a rule of representation from a compound ratio of wealth and population; but, on consideration, it was found impracticable to determine the comparative value of lands, and other property, in so extensive a territory, with any degree of accuracy; and population alone was adopted as the only practicable rule or criterion of representation. It was urged by the deputies of the Eastern States, that a representation of two-fifths would be of little utility, and that their entire representation would be unequal and burthensome. That in a time of war, slaves rendered a country more vulnerable, while its defence devolved upon its _free_ inhabitants. On the other hand, we insisted, that in time of peace they contributed by their labor to the general wealth as well as other members of the community. That as rational beings they had a right of representation, and in some instances might be highly useful in war. On these principles, the Eastern States gave the matter up, and consented to the regulation as it has been read. I hope these reasons will appear satisfactory. It is the same rule or principle which was proposed some years ago by Congress, and assented to by twelve of the States. It may wound the delicacy of the gentleman from Guilford, [Mr. Goudy,] but I hope he will endeavor to accommodate his feelings to the interests and circumstances of his country.

Mr. James Galloway said, that he did not object to the representation of negroes, so much as he did to the fewness of the number of representatives. He was surprised how we came to have but five, including those intended to represent negroes. That in his humble opinion North Carolina was entitled to that number independent of the negroes.

First clause of the 9th section read.

Mr. J. M'Dowall wished to hear the reasons of this restriction.

Mr. Spaight answered that there was a contest between the Northern and Southern States--that the Southern States, whose principal support depended on the labor of slaves, would not consent to the desire of the Northern States to exclude the importation of slaves absolutely. That South Carolina and Georgia insisted on this clause, as they were now in want of hands to cultivate their lands: That in the course of twenty years they would be fully supplied: That the trade would be abolished then, and that in the mean time some tax or duty might be laid on.

Mr. M'Dowall replied, that the explanation was just such as he expected, and by no means satisfactory to him and that he looked upon it as a very objectionable part of the system.

Mr. Iredell. Mr. Chairman, I rise to express sentiments similar to those of the gentleman from Craven. For my part, were it practicable to put an end to the importation of slaves immediately, it would give me the greatest pleasure, for it certainly is a trade utterly inconsistent with the rights of humanity, and under which great cruelties have been exercised. When the entire abolition of slavery takes place, it will be an event which must be pleasing to every generous mind, and every friend of human nature; but we often wish for things which are not attainable. It was the wish of a great majority of the Convention to put an end to the trade immediately, but the States of South Carolina and Georgia would not agree to it. Consider then what would be the difference between our present situation in this respect, if we do not agree to the Constitution, and what it will be if we do agree to it. If we do not agree to it, do we remedy the evil? No, sir, we do not; for if the constitution be not adopted, it will be in the power of every State to continue it forever. They may or may not abolish it at their discretion. But if we adopt the constitution, the trade must cease after twenty years, if congress declare so, whether particular States please so or not: surely, then, we gain by it. This was the utmost that could be obtained. I heartily wish more could have been done. But as it is, this government is nobly distinguished above others by that very provision. Where is there another country in which such a restriction prevails? We, therefore, sir, set an example of humanity by providing for the abolition of this inhuman traffic, though at a distant period. I hope, therefore, that this part of the constitution will not be condemned because it has not stipulated for what it was impracticable to obtain.

Mr. Spaight further explained the clause. That the limitation of this trade to the term of twenty years, was a compromise between the Eastern States and the Southern States. South Carolina and Georgia wished to extend the term. The Eastern States insisted on the entire abolition of the trade. That the State of North Carolina had not thought proper to pass any law prohibiting the importation of slaves, and therefore its delegation in the convention did not think themselves authorized to contend for an immediate prohibition of it.

Mr. Iredell added to what he had said before, that the States of Georgia and South Carolina had lost a great many slaves during the war, and that they wished to supply the loss.

Mr. Galloway. Mr. Chairman, the explanation given to this clause does not satisfy my mind. I wish to see this abominable trade put an end to. But in case it be thought proper to continue this abominable traffic for twenty years, yet I do not wish to see the tax on the importation extended to all persons whatsoever. Our situation is different from the people to the North. We want citizens; they do not. Instead of laying a tax, we ought to give a bounty, to encourage foreigners to come among us. With respect to the abolition of slavery, it requires the utmost consideration. The property of the Southern States consists principally of slaves. If they mean to do away slavery altogether, this property will be destroyed. I apprehend it means to bring forward manumission. If we must manumit our slaves, what country shall we send them to? It is impossible for us to be happy if, after manumission, they are to stay among us.

Mr. Iredell. Mr. Chairman, the worthy gentleman, I believe, has misunderstood this clause, which runs in the following words: "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 1808, but a tax or duty may be imposed on _such importation_, not exceeding ten dollars for each person."

Now, sir, observe that the Eastern States, who long ago have abolished slavery, did not approve of the expression _slaves_; they therefore used another that answered the same purpose. The committee will observe the distinction between the two words migration and importation. The first part of the clause will extend to persons who come into the country as free people, or are brought as slaves, but the last part extends to slaves only. The word _migration_ refers to free persons; but the word _importation_ refers to slaves, because free people cannot be said to be imported. The tax, therefore, is only to be laid on slaves who are imported, and not on free persons who migrate. I further beg leave to say, that this gentleman is mistaken in another thing. He seems to say that this extends to the abolition of slavery. Is there anything in this constitution which says that Congress shall have it in their power to abolish the slavery of those slaves who are now in the country? Is it not the plain meaning of it, that after twenty years they may prevent the future importation of slaves? It does not extend to those now in the country. There is another circumstance to be observed. There is no authority vested in congress to restrain the States in the interval of twenty years, from doing what they please. If they wish to inhibit such importation, they may do so. Our next assembly may put an entire end to the importation of slaves.

Article fourth. The first section and two first clauses of the second section read without observation.

The last clause read--

Mr. Iredell begged leave to explain the reason of this clause. In some of the Northern States, they have emancipated all their slaves. If any of our slaves, said he, go there and remain there a certain time, they could, by the present laws, be entitled to their freedom, so that their masters could not get them again. This would be extremely prejudicial to the inhabitants of the Southern States, and to prevent it, this clause is inserted in the constitution. Though the word slave be not mentioned, this is the meaning of it. The Northern delegates, owing to their particular scruples on the subject of slavery, did not choose the word _slave_ to be mentioned.

The rest of the fourth article read without any observation.

* * * * *

It is however to be observed, (said Mr. Iredell,) that the first and fourth clauses in the ninth section of the first article, are protected from any alteration till the year 1808; and in order that no consolidation should take place, it is provided, that no State shall, by any amendment or alteration, be ever deprived of an equal suffrage in the Senate without its own consent. The two first prohibitions are with respect to the census, according to which direct taxes are imposed, and with respect to the importation of slaves. As to the first, it must be observed, that there is a material difference between the Northern and Southern States. The Northern States have been much longer settled, and are much fuller of people than the Southern, but have not land in equal proportion, nor scarcely any slaves. The subject of this article was regulated with great difficulty, and by a spirit of concession which it would not be prudent to disturb for a good many years. In twenty years there will probably be a great alteration, and then the subject may be considered with less difficulty and greater coolness. In the mean time, the compromise was upon the best footing that could be obtained. A compromise likewise took place with regard to the importation of slaves. It is probable that all the members reprobated this inhuman traffic, but those of South Carolina and Georgia would not consent to an immediate prohibition of it; one reason of which was, that during the last war they lost a vast number of negroes, which loss they wish to supply. In the mean time, it is left to the States to admit or prohibit the importation, and Congress may impose a limited duty upon it.

* * * * *

SOUTH CAROLINA CONVENTION.

Hon. Rawlins Lowndes. In the first place, what cause was there for jealousy of our importing negroes? Why confine us to twenty years, or rather why limit us at all? For his part he thought this trade could be justified on the principles of religion, humanity, and justice; for certainly to translate a set of human beings from a bad country to a better, was fulfilling every part of these principles. But they don't like our slaves, because they have none themselves; and therefore want to exclude us from this great advantage; why should the Southern States allow of this, without the consent of nine States?

Judge Pendleton observed, that only three States, Georgia, South Carolina, and North Carolina, allowed the importation of negroes. Virginia had a clause in her constitution for this purpose, and Maryland, he believed, even before the war, prohibited them.

Mr. Lowndes continued--that we had a law prohibiting the importation of negroes for three years, a law he greatly approved of; but there was no reason offered, why the Southern States might not find it necessary to alter their conduct, and open their ports. Without negroes this State would degenerate into one of the most contemptible in the Union: and cited an expression that fell from Gen. Pinckney on a former debate, that whilst there remained one acre of swamp land in South Carolina he should raise his voice against restricting the importation of negroes. Even in granting the importation for twenty years, care had been taken to make us pay for this indulgence, each negro being liable, on importation, to pay a duty not exceeding ten dollars, and, in addition this, were liable to a capitation tax. Negroes were our wealth, our only natural resource; yet behold how our kind friends in the North were determined soon to tie up our hands, and drain us of what we had. The Eastern States drew their means of subsistence, in a great treasure, from their shipping; and on that head, they had been particularly careful not to allow of any burdens: they were not to pay tonnage, or duties; no, not even the form of clearing out: all ports were free and open to them! Why, then, call this a reciprocal bargain, which took all from one party, to bestow it on the other?

Major Butler observed that they were to pay a five per cent impost. This, Mr. Lowndes proved, must fall upon the consumer. They are to be the carriers: and we, being the consumers, therefore all expenses would fall upon us.

Hon. E. Rutledge. The gentleman had complained of the inequality of the taxes between the Northern and Southern States--that ten dollars a head was imposed on the importation of negroes, and that those negroes were afterwards taxed. To this it was answered, that the ten dollars per head was an equivalent to the five per cent on imported articles; and as to their being afterwards taxed, the advantage is on our side; or, at least, not against us.

In the Northern State, the labor is performed by white people; in the Southern by black. All the free people (and there are few others) in the Northern States, are to be taxed by the new constitution whereas, only the free people, and two-fifths of the slaves in the Southern States are to be rated in the apportioning of taxes.

But the principal objection is, that no duties are laid on shipping--that in fact the carrying trade was to be vested in a great measure in the Americans; that the ship-building business was principally carried on in the Northern States. When this subject is duly considered, the Southern States, should be the last to object to it. Mr. Rutledge then went into a consideration of the subject; after which the House adjourned.

Gen. Charles Cotesworth Pinckney. We were at a loss for some time for a rule to ascertain the proportionate wealth of the States, at last we thought that the productive labor of the inhabitants was the best rule for ascertaining their wealth; in conformity to this rule, joined to a spirit of concession, we determined that representatives should be apportioned among the several States, by adding to the whole number of free persons three-fifths of the slaves. We thus obtained a representation for our property, and I confess I did not expect that we had conceded too much to the Eastern States, when they allowed us a representation for a species of property which they have not among them.

The honorable gentleman alleges, that the Southern States are weak, I sincerely agree with him--we are so weak that by ourselves we could not form an union strong enough for the purpose of effectually protecting each other. Without union with the other States, South Carolina must soon fall. Is there any one among us so much a Quixotte as to suppose that this State could long maintain her independence if she stood alone, or was only connected with the Southern States? I scarcely believe there is. Let an invading power send a naval force into the Chesapeake to keep Virginia in alarm, and attack South Carolina with such a naval and military force as Sir Henry Clinton brought here in 1780, and though they might not soon conquer us, they would certainly do us an infinite deal of mischief; and if they considerably increased their numbers, we should probably fall. As, from the nature of our climate, and the fewness of our inhabitants, we are undoubtedly weak, should we not endeavor to form a close union with the Eastern States, who are strong?

For who have been the greatest sufferers in the Union, by our obtaining, our independence? I answer, the Eastern States; they have lost every thing but their country, and their freedom. It is notorious that some ports to the Eastward, which used to fit out one hundred and fifty sail of vessels, do not now fit out thirty; that their trade of ship-building, which used to be very considerable, is now annihilated; that their fisheries are trifling, and their mariners in want of bread; surely we are called upon by every tie of justice, friendships, and humanity, to relieve their distresses; and as by their exertions they have assisted us in establishing our freedom, we should let them, in some measure, partake of our prosperity. The General then said he would make a few observations on the objections which the gentleman had thrown out on the restrictions that might be laid on the African trade after the year 1808. On this point your delegates had to contend with the religious and political prejudices of the Eastern and Middle States, and with the interested and inconsistent opinion of Virginia, who was warmly opposed to our importing more slaves. I am of the same opinion now as I was two years ago, when I used the expressions that the gentleman has quoted, that while there remained one acre of swamp land uncleared of South Carolina, I would raise my voice against restricting the importation of negroes. I am as thoroughly convinced as that gentleman is, that the nature of our climate, and the flat swampy situation of our country, obliges us to cultivate our land with negroes, and that without them South Carolina would soon be a desert waste.

You have so frequently heard my sentiments on this subject that I need not now repeat them. It was alleged, by some of the members who opposed an unlimited importation, that slaves increased the weakness of any State who admitted them; that they were a dangerous species of property, which an invading enemy could easily turn against ourselves and the neighboring States, and that as we were allowed a representation for them in the House of Representatives, our influence in government would be increased in proportion as we were less able to defend ourselves. "Show some period," said the members from the Eastern States, "when it may be in our power to put a stop, if we please, to the importation of this weakness, and we will endeavor, for your convenience, to restrain the religious and political prejudices of our people on this subject."

The Middle States and Virginia made us no such proposition; they were for an immediate and total prohibition. We endeavored to obviate the objections that were made, in the best manner we could, and assigned reasons for our insisting on the importation, which there is no occasion to repeat, as they must occur to every gentleman in the House: a committee of the States was appointed in order to accommodate this matter, and after a great deal of difficulty, it was settled on the footing recited in the Constitution.

By this settlement we have secured an unlimited importation of negroes for twenty years; nor is it declared that the importation shall be then stopped; it may be continued--we have a security that the general government can never emancipate them, for no such authority is granted, and it is admitted on all hands, that the general government has no powers but what are expressly granted by the constitution; and that all rights not expressed were reserved by the several States. We have obtained a right to recover our slaves, in whatever part of America they may take refuge, which is a right we had not before. In short, considering all circumstances, we have made the best terms, for the security of this species of property, it was in our power to make. We would have made better if we could, but on the whole I do not think them bad.

Hon. Robert Barnwell. Mr. Barnwell continued to say, I now come to the last point for consideration, I mean the clause relative to the negroes; and here I am particularly pleased with the Constitution; it has not left this matter of so much importance to us open to immediate investigation; no, it has declared that the United States shall not, at any rate, consider this matter for twenty-one years, and yet gentlemen are displeased with it.

Congress has guaranteed this right for that space of time, and at its expiration may continue it as long as they please. This question then arises, what will their interest lead them to do? The Eastern States, as the honorable gentleman says, will become the carriers of America, it will, therefore certainly be their interest to encourage exportation to as great an extent as possible; and if the quantum of our products will be diminished by the prohibition of negroes, I appeal to the belief of every man, whether he thinks those very carriers will themselves dam up the resources from whence their profit is derived? To think so is so contradictory to the general conduct of mankind, that I am of opinion, that without we ourselves put a stop to them, the traffic for negroes will continue forever.

* * * * *

FEDERALIST, No. 42.

BY JAMES MADISON

It were doubtless to be wished, that the power of prohibiting the importation of slaves, had not been postponed until the year 1808, or rather that it had been suffered to have immediate operation. But it is not difficult to account either for this restriction on the general government, or for the manner in which the whole clause is expressed.

It ought to be considered as a great point gained in favor of humanity, that a period of twenty years may terminate for ever within these States, a traffic which has so long and so loudly upbraided the barbarism of modern policy; that within that period, it will receive a considerable discouragement from the Federal government, and may be totally abolished, by a concurrence of the few States which continue the unnatural traffic, in the prohibitory example which has been given by so great a majority of the Union. Happy would it be for the unfortunate Africans, if an equal prospect lay before them, of being redeemed from the oppressions of their European brethern! Attempts have been made to pervert this clause into an objection against the Constitution, by representing it on one side, as a criminal toleration of an illicit practice; and on another, as calculated to prevent voluntary and beneficial emigrations from Europe to America. I mention these misconstructions, not with a view to give them an answer, for they deserve none; but as specimens of the manner and spirit, in which some have thought fit to conduct their opposition to the proposed government.

* * * * *

FEDERALIST, No. 54.

BY JAMES MADISON.

All this is admitted, it will perhaps be said: but does it follow from an admission of numbers for the measure of representation, or of slaves combined with free citizens as a ratio of taxation, that slaves ought to be included in the numerical rule of representation?

Slaves are considered as property, not as persons. They ought therefore, to be comprehended in estimates of taxation, which are founded on property, and to be excluded from representation, which is regulated by a census of persons. This is the objection as I understand it, stated in its full force. I shall be equally candid in stating the reasoning which may be offered on the opposite side. We subscribe to the doctrine, might one of our Southern brethern observe, that representation relates more immediately to persons, and taxation more immediately to property; and we join in the application of this distinction to the case of our slaves.

But we must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities, being considered by our laws, in some respects as persons, and in other respects as property.

In being compelled to labor, not for himself, but for a master; in being vendible by one master to another master; and in being subject at all times to be restrained in his liberty: and chastised in his body by the capricious will of another; the slave may appear to be degraded from the human rank, and classed with those irrational animals which fall under the legal denomination of property. In being protected, on the other hand, in his life, and in his limbs, against the violence of all others, even the master of his labor and his liberty; and in being punishable himself for all violence committed against others; the slave is no less evidently regarded by the law as a member of the society, not as a part of the irrational creation; as a moral person, not as a mere article of property. The Federal constitution, therefore, decides with great propriety on the case of our slaves, when it views them in the mixed character of persons and property. This is in fact their true character. It is the character bestowed on them by the laws under which they live, and it will not be denied, that these are the proper criterion; because it is only under the pretext, that the laws have transformed the negroes into subjects of property, that a place is disputed them in the computation of numbers; and it is admitted, that if the laws were to restore the rights which have been taken away, the negroes could no longer be refused an equal share of representation with the other inhabitants.

This question may be placed in another light. It is agreed on all sides, that numbers are the best scale of wealth and taxation, as they are the only proper scale of representation. Would the convention have been impartial or consistent, if they had rejected the slaves from the list of inhabitants, when the shares of representation were to be calculated; and inserted them on the lists when the tariff of contributions was to be adjusted?

Could it be reasonably expected, that the Southern States would concur in a system, which considered their slaves in some degree as men, when burdens were to be imposed, but refused to consider them in the same light, when advantages were to be conferred?

Might not some surprise also be expressed, that those who reproach the Southern States with the, barbarous policy of considering as property a part of their human brethern, should themselves contend, that the government to which all the States are to be parties, ought to consider this unfortunate race more completely in the unnatural light of property, than the very laws of which they complain?

It may be replied, perhaps, that slaves are not included in the estimate of representatives in any of the States possessing them. They neither vote themselves, nor increase the votes of their masters. Upon what principle, then, ought they to be taken into the Federal estimate of representation? In rejecting them altogether, the constitution would, in this respect, have followed the very laws which have been appealed to as the proper guide.

This objection is repelled by a single observation. It is a fundamental principle of the proposed constitution, that as the aggregate number of representatives allotted to the several States is to be determined by a Federal rule, founded on the aggregate number of inhabitants; so, the right of choosing this allotted number in each State, is to be exercised by such part of the inhabitants, as the State itself may designate. The qualifications of which the right of suffrage depends, are not perhaps the same in any two States. In some of the States the difference is very material. In every State, a certain proportion of inhabitants are deprived of this right by the constitution of the State, who will be included in the census by which the Federal constitution apportions the representatives. In this point of view, the Southern States might retort the complaint, by insisting, that the principle laid down by the convention required that no regard should be had to the policy of particular States towards their own inhabitants; and consequently, that the slaves, as inhabitants, should have been admitted into the census according to their full number, in like manner with other inhabitants, who, by the policy of other States, are not admitted to all the rights of citizens. A rigorous adherence, however, to this principle is waived by those who would be gainers by it. All that they ask, is that equal moderation be shown on the other side. Let the case of the slaves be considered, as it is in truth, a peculiar one. Let the compromising expedient of the constitution be annually adopted, which regards them as inhabitants, but as debased by servitude below the equal level of free inhabitants, which regards the _slave_ as divested of two-fifths of the _man_.

DEBATES IN FIRST CONGRESS,

MAY 13, 1789.

Mr. Parker (of Va.) moved to insert a clause in the bill, imposing a duty on the importation of slaves of ten dollars each person. He was sorry that the constitution prevented Congress from prohibiting the importation altogether; he thought it a defect in that instrument that it allowed of such actions, it was contrary to the revolution principles, and ought not to be permitted; but as he could not do all the good he desired, he was willing to do what lay in his power. He hoped such a duty as he moved for would prevent, in some degree, this irrational and inhuman traffic; if so, he should feel happy from the success of his motion.

Mr. Smith (of South Carolina,) hoped that such an important and serious proposition as this would not be hastily adopted; it was a very late moment for the introduction of new subjects. He expected the committee had got through the business, and would rise without discussing any thing further; at least, if gentlemen were determined on considering the present motion, he hoped they would delay for a few days, in order to give time for an examination of the subject. It was certainly a matter big with the most serious consequences to the State he represented; he did not think any one thing that had been discussed was so important to them, and the welfare of the Union, as the question now brought forward, but he was not prepared to enter on any argument, and therefore requested the motion might either be withdrawn or laid on the table.

Mr. Sherman (of Ct.) approved of the object of the motion, but he did not think this bill was proper to embrace the subject. He could not reconcile himself to the insertion of human beings as an article of duty, among goods, wares and merchandise. He hoped it would be withdrawn for the present, and taken up hereafter as an independent subject.

Mr. Jackson, (of Geo.) observing the quarter from which this motion came, said it did not surprise him, though it might have that effect on others. He recollected that Virginia was an old settled State, and had her complement of slaves, so she was careless of recruiting her numbers by this means; the natural increase of her imported blacks were sufficient for their purpose; but he thought gentlemen ought to let their neighbors get supplied before they imposed such a burthen upon the importation. He knew this business was viewed in an odious light to the Eastward, because the people were capable of doing their own work, and had no occasion for slaves; but gentlemen will have some feeling for others; they will not try to throw all the weight upon others, who have assisted in lightening their burdens; they do not wish to charge us for every comfort and enjoyment of life, and at the same time take away the means of procuring them; they do not wish to break us down at once.

He was convinced, from the inaptitude of the motion, and the want of time to consider it, that the candor of the gentleman would induce him to withdraw it for the present; and if ever it came forward again, he hoped it would comprehend the white slaves as well as black, who were imported from all the goals of Europe; wretches, convicted of the most flagrant crimes, were brought in and sold without any duty whatever. He thought that they ought to be taxed equal to the Africans, and had no doubt but the constitutionality and propriety of such a measure was equally apparent as the one proposed.

Mr. Tucker (of S.C.) thought it unfair to bring in such an important subject at the time when debate was almost precluded. The committee had gone through the impost bill, and the whole Union were impatiently expecting the result of their deliberations, the public must be disappointed and much revenue lost, or this question cannot undergo that full discussion which it deserves.

We have no right, said he, to consider whether the importation of slaves is proper or not; the Constitution gives us no power on that point, it is left to the States to judge of that matter as they see fit. But if it was a business the gentleman was determined to discourage, he ought to have brought his motion forward sooner, and even then not have introduced it without previous notice. He hoped the committee would reject the motion, if it was not withdrawn; he was not speaking so much for the State he represented, as for Georgia, because the State of South Carolina had a prohibitory law, which could be renewed when its limitation expired.

Mr. Parker (of Va.,) had ventured to introduce the subject after full deliberation, and did not like to withdraw it. Although the gentleman from Connecticut (Mr. Sherman) had said, that they ought not to be enumerated with goods, wares, and merchandise, he believed they were looked upon by the African traders in this light, he knew it was degrading the human species to annex that character to them; but he would rather do this than continue the actual evil of importing slaves a moment longer. He hoped Congress would do all that lay in their power to restore to human nature its inherent privileges, and if possible wipe off the stigma which America laboured under. The inconsistency in our principles, with which we are justly charged, should be done away; that we may shew by our actions the pure beneficence of the doctrine we held out to the world in our declaration of independence.

Mr. Sherman (of Ct.,) thought the principles of the motion and the principles of the bill were inconsistent; the principle of the bill was to raise revenue, the principle of the motion to correct a moral evil. Now, considering it as an object of revenue, it would be unjust, because two or three States would bear the whole burthen, while he believed they bore their full proportion of all the rest. He was against receiving the motion into this bill, though he had no objection to taking it up by itself, on the principles of humanity and policy; and therefore would vote against it if it was not withdrawn.

Mr. Ames (of Mass.,) joined the gentleman last up. No one could suppose him favorable to slavery, he detested it from his soul, but he had some doubts whether imposing a duty on the importation, would not have the appearance of countenancing the practice; it was certainly a subject of some delicacy, and no one appeared to be prepared for the discussion, he therefore hoped the motion would be withdrawn.

Mr. Livermore. Was not against the principle of the motion, but in the present case he conceived it improper. If negroes were goods, wares, or merchandise, they came within the title of the bill; if they were not, the bill would be inconsistent: but if they are goods, wares or merchandise, the 5 per cent ad valorum, will embrace the importation; and the duty of 5 per cent is nearly equal to 10 dollars per head, so there is no occasion to add it even on the score of revenue.

Mr. Jackson (of Ga.,) said it was the fashion of the day, to favor the liberty of slaves; he would not go into a discussion of the subject, but he believed it was capable of demonstration that they were better off in their present situation, than they would be if they were manumitted; what are they to do if they are discharged? Work for a living? Experience has shewn us they will not. Examine what is become of those in Maryland, many of them have been set free in that State; did they turn themselves to industry and useful pursuits? No, they turn out common pickpockets, petty larceny villains; and is this mercy, forsooth, to turn them into a way in which they must lose their lives,--for where they are thrown upon the world, void of property and connections, they cannot get their living but by pilfering. What is to be done for compensation? Will Virginia set all her negroes free? Will they give up the money they cost them, and to whom? When this practice comes to be tried there, the sound of liberty will lose those charms which make it grateful to the ravished ear.

But our slaves are not in a worse situation than they were on the coast of Africa; it is not uncommon there for the parents to sell their children in peace; and in war the whole are taken and made slaves together. In these cases it is only a change of one slavery for another; and are they not better here, where they have a master bound by the ties of interest and law to provide for their support and comfort in old age, or infirmity, in which, if they were free, they would sink under the pressure of woe for want of assistance.

He would say nothing of the partiality of such a tax, it was admitted by the avowed friends of the measure; Georgia in particular would be oppressed. On this account it would be the most odious tax Congress could impose.

Mr. Schureman (of N.J.) hoped the gentleman would withdraw his motion, because the present was not the time or place for introducing the business; he thought it had better be brought forward in the House, as a distinct proposition. If the gentleman persisted in having the question determined, he would move the previous question if he was supported.

Mr. Madison, (of Va.) I cannot concur with gentlemen who think the present an improper time or place to enter into a discussion of the proposed motion; if it is taken up in a separate view, we shall do the same thing at a greater expense of time. But the gentlemen say that it is improper to connect the two objects, because they do not come within the title of the bill. But this objection may be obviated by accommodating the title to the contents; there may be some inconsistency in combining the ideas which gentlemen have expressed, that is, considering the human race as a species of property; but the evil does not arise from adopting the clause now proposed, it is from the importation to which it relates. Our object in enumerating persons on paper with merchandise, is to prevent the practice of actually treating them as such, by having them, in future, forming part of the cargoes of goods, wares, and merchandise to be imported into the United States. The motion is calculated to avoid the very evil intimated by the gentleman. It has been said that this tax will be partial and oppressive; but suppose a fair view is taken of this subject, I think we may form a different conclusion. But if it be partial or oppressive, are there not many instances in which we have laid taxes of this nature? Yet are they not thought to be justified by national policy? If any article is warranted on this account, how much more are we authorized to proceed on this occasion? The dictates of humanity, the principles of the people, the national safety and happiness, and prudent policy requires it of us; the constitution has particularly called our attention to it--and of all the articles contained in the bill before us, this is one of the last I should be willing to make a concession upon so far as I was at liberty to go, according to the terms of the constitution or principles of justice--I would not have it understood that my zeal would carry me to disobey the inviolable commands of either.

I understood it had been intimated, that the motion was inconsistent or unconstitutional. I believe, sir, my worthy colleague has formed the words with a particular reference to the constitution; any how, so far as the duty is expressed, it perfectly accords with that instrument; if there are any inconsistencies in it, they may be rectified; I believe the intention is well understood, but I am far from supposing the diction improper. If the description of the persons does not accord with the ideas of the gentleman from Georgia, (Mr. Jackson,) and his idea is a proper one for the committee to adopt, I see no difficulty in changing the phraseology.

I conceive the constitution, in this particular, was formed in order that the government, whilst it was restrained from laying a total prohibition, might be able to give some testimony of the sense of America, with respect to the African trade. We have liberty to impose a tax or duty upon the importation of such persons as any of the States now existing shall think proper to admit; and this liberty was granted, I presume, upon two considerations--the first was, that until the time arrived when they might abolish the importation of slaves, they might have an opportunity of evidencing their sentiments, on the policy and humanity of such a trade; the other was that they might be taxed in due proportion with other articles imported; for if the possessor will consider them as property, of course they are of value and ought to be paid for. If gentlemen are apprehensive of oppression from the weight of the tax, let them make an estimate of its proportion, and they will find that it very little exceeds five per cent, ad valorem, so that they will gain very little by having them thrown into that mass of articles, whilst by selecting them in the manner proposed, we shall fulfil the prevailing expectation of our fellow citizens, and perform our duty in executing the purposes of the constitution. It is to be hoped that by expressing a national disapprobation of this trade, we may destroy it, and save ourselves from reproaches, and our posterity the imbecility ever attendant on a country filled with slaves.

I do not wish to say any thing harsh, to the hearing of gentlemen who entertain different sentiments from me, or different sentiments from those I represent; but if there is any one point in which it is clearly the policy of this nation, so far as we constitutionally can, to vary the practice obtaining under some of the State governments, it is this; but it is certain a majority of the States are opposed to this practice, therefore, upon principle, we ought to discountenance it as far as is in our power.

If I was not afraid of being told that the representatives of the several States, are the best able to judge of what is proper and conducive to their particular prosperity, I should venture to say that it is as much the interest of Georgia and South Carolina, as of any in the Union. Every addition they receive to their number of slaves, tends to weaken them and renders them less capable of self defence. In case of hostilities with foreign nations, they will be the means of inviting attack instead of repelling invasion. It is a necessary duty of the general government to protect every part of the empire against danger, as well internal as external; every thing therefore which tends to increase this danger, though it may be a local affair, yet if it involves national expense or safety, becomes of concern to every part of the Union, and is a proper subject for the consideration of those charged with the general administration of the government. I hope, in making these observations, I shall not be understood to mean that a proper attention ought not to be paid to the local opinions and circumstances of any part of the United States, or that the particular representatives are not best able to judge of the sense of their immediate constituents.

If we examine the proposal measure by the agreement there is between it, and the existing State laws, it will show us that it is patronized by a very respectable part of the Union. I am informed that South Carolina has prohibited the importation of slaves for several years yet to come; we have the satisfaction then of reflecting that we do nothing more than their own laws do at this moment. This is not the case with one State. I am sorry that her situation is such as to seem to require a population of this nature, but it is impossible in the nature of things, to consult the national good without doing what we do not wish to do, to some particular part. Perhaps gentlemen contend against the introduction of the clause, on too slight grounds. If it does not conform with the title of the bill, alter the latter; if it does not conform to the precise terms of the constitution, amend it. But if it will tend to delay the whole bill, that perhaps will be the best reason for making it the object of a separate one. If this is the sense of the committee I shall submit.

Mr. Gerry (of Mass.) thought all duties ought to be laid as equal as possible. He had endeavored to enforce this principle yesterday, but without the success he wished for, he was bound by the principles of justice therefore to vote for the proposition; but if the committee were desirous of considering the subject fully by itself, he had no objection, but he thought when gentlemen laid down a principle, they ought to support it generally.

Mr. Burke (of S.C.) said, gentlemen were contending for nothing; that the value of a slave averaged about £80, and the duty on that sum at five per cent, would be ten dollars, as congress could go no farther than that sum, he conceived it made not difference whether they were enumerated or left in the common mass.

Mr. Madison, (of Va.) If we contend for nothing, the gentlemen who are opposed to us do not contend for a great deal; but the question is, whether the five percent ad valorem, on all articles imported, will have any operation at all upon the introduction of slaves, unless we make a particular enumeration on this account; the collector may mistake, for he would not presume to apply the term goods, wares, and merchandise to any person whatsoever. But if that general definition of goods, wares, and merchandise are supposed to include African Slaves, why may we not particularly enumerate them, and lay the duty pointed out by the Constitution, which, as gentlemen tell us, is no more than five per cent upon their value; this will not increase the burden upon any, but it will be that manifestation of our sense, expected by our constituents, and demanded by justice and humanity.

Mr. Bland (of Va.) had no doubt of the propriety or good policy of this measure. He had made up his mind upon it, he wished slaves had never been introduced into America; but if it was impossible at this time to cure the evil, he was very willing to join in any measures that would prevent its extending farther. He had some doubts whether the prohibitory laws of the States were not in part repealed. Those who had endeavored to discountenance this trade, by laying a duty on the importation, were prevented by the Constitution from continuing such regulation, which declares, that no State shall lay any impost or duties on imports. If this was the case, and he suspected pretty strongly that it was, the necessity of adopting the proposition of his colleague was not apparent.

Mr. Sherman (of Ct.) said, the Constitution does not consider these persons as a species of property; it speaks of them as persons, and says, that a tax or duty may be imposed on the importation of them into any State which shall permit the same, but they have no power to prohibit such importation for twenty years. But Congress have power to declare upon what terms persons coming into the United States shall be entitled to citizenship; the rule of naturalization must however be uniform. He was convinced there were others ought to be regulated in this particular, the importation of whom was of an evil tendency, he meant convicts particularly. He thought that some regulation respecting them was also proper; but it being a different subject, it ought to be taken up in a different manner.

Mr. Madison (of Va.) was led to believe, from the observation that had fell from the gentlemen, that it would be best to make this the subject of a distinct bill: he therefore wished his colleague would withdraw his motion, and move in the house for leave to bring in a bill on the same principles.

Mr. Parker (of Va.) consented to withdraw his motion, under a conviction that the house was fully satisfied of its propriety. He knew very well that these persons were neither goods, nor wares, but they were treated as articles of merchandise. Although he wished to get rid of this part of his property, yet he should not consent to deprive other people of theirs by any act of his without their consent.

The committee rose, reported progress, and the house adjourned.

FEBRUARY 11th, 1790.

Mr. Lawrance (of New York,) presented an address from the society of Friends, in the City of New York; in which they set forth their desire of co-operating with their Southern brethren.

Mr. Hartley (of Penn.) then moved to refer the address of the annual assembly of Friends, held at Philadelphia, to a committee; he thought it a mark of respect due so numerous and respectable a part of the community.

Mr. White (of Va.) seconded the motion.

Mr. Smith, (of S.C.) However respectable the petitioners may be, I hope gentlemen will consider that others equally respectable are opposed to the object which is aimed at, and are entitled to an opportunity of being heard before the question is determined. I flatter myself gentlemen will not press the point of commitment to-day, it being contrary to our usual mode of procedure.

Mr. Fitzsimons, (of Penn.) If we were now about to determine the final question, the observation of the gentleman from South Carolina would apply; but, sir, the present question does not touch upon the merits of the case; it is merely to refer the memorial to a committee, to consider what is proper to be done; gentlemen, therefore, who do not mean to oppose the commitment to-morrow, may as well agree to it to-day, because it will tend to save the time of the house.