Chapter XXII: Part II (2)

Mr. Williamson reminded Mr. Ghorum that if the Southn. States
contended for the inferiority of blacks to whites when taxation
was in view, the Eastern States on the same occasion contended
for their equality. He did (not) however either then or now,
concur in either extreme, but approved of the ratio of 3/5.

On Mr. Butlers motion for considering blacks as equal to Whites
in the apportionment for Representation

Massts. no. Cont. no. (N. Y. not on floor.) N. J. no. Pa. no.
Del. ay. Md. No. (Va. no) N. C. no. S. C. ay. Geo. ay. (Ayes--3;
noes--7.)

Mr. Govr. Morris said he had several objections to the
proposition of Mr. Williamson. 1. It fettered the Legislature too
much. 2. It would exclude some States altogether who would not
have a sufficient number to entitle them to a single
Representative. 3. It will not consist with the Resolution passed
on Saturday last authorizing the Legislature to adjust the
Representation from time to time on the principles of population
& wealth or with the principles of equity. If slaves were to be
considered as inhabitants, not as wealth, then the sd Resolution
would not be pursued: If as wealth, then why is no other wealth
but slaves included? These objections may perhaps be removed by
amendments. His great objection was that the number of
inhabitants was not a proper standard of wealth. The amazing
difference between the comparative numbers & wealth of different
Countries, renderd all reasoning superfluous on the subject.
Numbers might with greater propriety be deemed a measure of
strength, than of wealth, yet the late defence made by G. Britain
agst. her numerous enemies proved in the clearest manner, that it
is entirely fallacious even in this respect.

Mr. King thought there was great force in the objections of Mr.
Govr. Morris: he would however accede to the proposition for the
sake of doing something.

Mr. Rutlidge contended for the admission of wealth in the
estimate by which Representation should be regulated. The Western
States will not be able to contribute in proportion to their
numbers, they shd. not therefore be represented in that
proportion. The Atlantic States will not concur in such a plan.
He moved that "at the end of ____ years after the 1st meeting of
the Legislature, and of every ____ years thereafter, the
Legislature shall proportion the Representation according to the
principles of wealth & population"

Mr. Sherman thought the number of people alone the best rule for
measuring wealth as well as representation; and that if the
Legislature were to be governed by wealth, they would be obliged
to estimate it by numbers. He was at first for leaving the matter
wholly to the discretion of the Legislature; but he had been
convinced by the observations of (Mr. Randolph & Mr. Mason) that
the _periods_ & the _rule_ of revising the Representation ought
to be fixt by the Constitution

Mr. Reid thought the Legislature ought not to be too much
shackled. It would make the Constitution like Religious Creeds,
embarrassing to those bound to conform to them & more likely to
produce dissatisfaction and Scism, than harmony and union.

Mr. Mason objected to Mr. Rutlidge motion, as requiring of the
Legislature something too indefinite & impracticable, and leaving
them a pretext for doing nothing.

Mr. Wilson had himself no objection to leaving the Legislature
entirely at liberty. But considered wealth as an impracticable
rule.

Mr. Ghorum. If the Convention who are comparatively so little
biased by local views are so much perplexed, How can it be
expected that the Legislature hereafter under the full biass of
those views, will be able to settle a standard. He was convinced
by the argument of others & his own reflections, that the
Convention ought to fix some standard or other.

Mr. Govr. Morris. The argts. of others & his own reflections had
led him to a very different conclusion. If we can't agree on a
rule that will be just at this time, how can we expect to find
one that will be just in all times to come. Surely those who come
after us will judge better of things present, than we can of
things future. He could not persuade himself that numbers would
be a just rule at any time. * * * * * * * Another objection with
him agst admitting the blacks into the census, was that the
people of Pena. would revolt at the idea of being put on a
footing with slaves. They would reject any plan that was to have
such an effect. Two objections had been raised agst. leaving the
adjustment of the Representation from time to time, to the
discretion of the Legislature.[548]

The question of counting three-fifths of the Negroes as whites, however, would not down. According to Madison:

Mr. King, being much opposed to fixing numbers as the rule of
representation, was particularly so on account of the blacks. He
thought the admission of them along with Whites at all, would
excite great discontents among the States having no slaves. He
had never said as to any particular point that he would in no
event acquiesce in & support it; but he wd. say that if in any
case such a declaration was to be made by him, it would be in
this. He remarked that in the (temporary) allotment of
Representatives made by the Committee, the Southern States had
received more than the number of their white & three fifths of
their black inhabitants entitled them to.

Mr. Sherman. S. Carola. had not more beyond her proportion than
N. York & N. Hampshire, nor either of them more than was
necessary in order to avoid fractions or reducing them below
their proportion. Georgia had more; but the rapid growth of that
State seemed to justify it. In general the allotment might not be
just, but considering all circumstances, he was satisfied with
it.

Mr. Ghorum supported the propriety of establishing numbers as the
rule. He said that in Massts. estimates had been taken in the
different towns, and that persons had been curious enough to
compare these estimates with the respective numbers of people;
and it had been found even including Boston, that the most exact
proportion prevailed between numbers and property. He was aware
that there might be some weight in what had fallen from his
colleague, as to the umbrage which might be taken by the people
of the Eastern States. But he recollected that when the
proposition of Congs for changing the 8th art. of Confedn. was
before the Legislature of Massts. the only difficulty then was to
satisfy them that the negroes ought not to have been counted
equally with whites instead of being counted in the ratio of
three fifths only.

Mr. Wilson did not well see on what principle the admission of
blacks in the proportion of three fifths could be explained. Are
they admitted as Citizens? Then why are they not admitted on an
equality with White Citizens? Are they admitted as property, then
why is not other property admitted into the computation? These
were difficulties however which he thought must be overruled by
the necessity of compromise. He had some apprehensions also from
the tendency of the blending of the blacks with the whites, to
give disgust to the people of Pena. as had been intimated by his
colleagues (Mr. Govr. Morris). But he differed from him in
thinking numbers of inhabts. so incorrect a measure of wealth. He
had seen the Western settlemts. of Pa. and on a comparison of
them with the City of Philada. could discover little other
difference, than that property was more unequally divided among
individuals here than there. Taking the same number in the
aggregate in the two situations he believed there could be little
difference in their wealth and ability to contribute to the
public wants.

Mr. Govr. Morris was compelled to declare himself reduced to the
dilemma of doing injustice to the Southern States or to human
nature, and he must therefore do it to the former. For he could
never agree to give such encouragement to the slave trade as
would be given by allowing them a representation for their
negroes, and he did not believe those States would ever
confederate on terms that would deprive them of that trade.

On question for agreeing to include 3/5 of the blacks Masts, no
Cont. ay N. J. no. Pa. no Del. no. Mard. no Va. ay. N. C. ay. S.
C. no. Geo. ay (Ayes--6; noes--4.)[549]

On the twelfth of July the following clause was proposed:

"Provided always that direct Taxation ought to be proportioned
according to representation"

which passed unanimously in the affirmative.

It was moved and seconded to postpone the consideration of the
first clause in the report from the first grand Committee

which passed in the affirmative.

It was moved and seconded to add the following amendment to the
last clause adopted by the House namely "and that the rule of
contribution by direct taxation for the support of the government
of the United States shall be the number of white inhabitants,
and three fifths of every other description in the several
States, until some other rule that shall more accurately
ascertain the wealth of the several States can be devised and
adopted by the Legislature[550]

* * * * *

On the motion of Mr. Randolph, the vote of Saturday last (July 7)
authorizing the Legislre. to adjust from time to time, the
representation upon the principles of _Wealth_ and numbers of
inhabitants was (reconsidered by common consent in order to
strike our "Wealth" and adjust the resolution to that requiring
periodical revisions according to the number of whites & three
fifths of the blacks: the motion was in the words following--"But
as the present situation of the States may probably alter in the
number of their inhabitants, that the Legislature of the U. S. be
authorized from time to time to apportion the number of
representatives: and in case any of the States shall hereafter be
divided or any two or more States united or new States created
within the limits of the U. S. shall hereafter be divided or any
two or more States united or new States created within the limits
of the U. S. the Legislature of U. S. shall possess authority to
regulate the number of Representatives in any of the foregoing
cases, upon the principle of their number of inhabitants;
according to the provisions hereafter mentioned.")

Mr. Govr. Morris opposed the alteration as leaving still an
incoherence. If Negroes were to be viewed as inhabitants, and the
revision was to proceed on the principle of numbers of inhbts.
they ought to be added in their entire number, and not in the
proportion of 3/5. If as property, the word wealth was right, and
striking it out would produce the very inconsistency which it was
meant to get rid of.--The train of business & the late turn which
it had taken, had led him he said, into deep meditation on it,
and He wd. candidly state the result. A distinction had been set
up & urged between the Nn. & Southn. States. He had hitherto
considered this doctrine as heretical. He still thought the
distinction groundless. He sees however that it is persisted in;
and that the Southn. Gentleman will not be satisfied unless they
see the way open to their gaining a majority in the public
Councils. The consequence of such a transfer of power from the
maritime to the interior & landed interests will he forsees be
such an oppression of commerce, that he shall be obliged to vote
for ye. vicious principle of equality in the 2d. branch in order
to provide for some defence for the N. States agst. it. But to
come now more to the point, either this distinction is fictitious
or real: if fictitious let it be dismissed & let us proceed with
due confidence. If it be real, instead of attempting to blend
incompatible things, let us at once take a friendly leave of each
other. There can be no end of demands for security if every
particular interest is to be entitled to it. The Eastern States
may claim it for their fishery, and for other objects, as the
Southn. States claim it for their peculiar objects. In this
struggle between the two ends of the Union, what part ought the
Middle States in point of policy to take; to join their Eastern
brethren according to his ideas. If the Southn. States get the
power into their hands, and be joined as they will be the
interior Country they will inevitably bring on a war with Spain
for the Mississippi. This language is already held. The interior
Country having no property nor interest exposed on the sea, will
be little affected by such a war. He wished to know what security
the Northn. & middle States will have agst. this danger. It has
been said that N. C. S. C. and Georgia only will in a little time
have a majority of the people of America. They must in that case
include the great interior Country, and every thing was to be
apprehended from their getting the power into their hands.[551]

The Committee of Detail finally brought forward for the apportionment of direct taxes and representation in the House a plan for taking the Negroes into account.

(Direct Taxation shall always be in Proportion to Representation
in the House of Representatives.)

The proportions of direct Taxation shall be regulated by the
whole Number of white and other free Citizens and Inhabitants, of
every Age, Sex and Condition, including those bound to Servitude
for a Term of Years, and three fifths of all other Persons not
comprehended in the foregoing Description; which Number shall,
within the Term of every ten Years afterwards, be taken in such
manner as the said Legislature shall direct.[552]

This, as is shown below, is substantially what Rutledge as Chairman of the committee to report a constitution reported.

Sect. 3. The proportions of direct taxation shall be regulated by
the whole number of white and other free citizens and
inhabitants, of every age, sex and condition, including those
bound to servitude for a term of years, and three fifths of all
other persons not comprehended in the foregoing description,
(except Indians not paying taxes) which number shall, within six
years after the first meeting of the Legislature, and within the
term of every ten years afterwards, be taken in such manner as
the said Legislature shall direct.[553]

The same appears also in the report of the Committee on Style.

Sect. 3. The proportions of direct taxation shall be regulated by
the whole number of free citizens and inhabitants, of every age,
sex and condition, including those bound to servitude for a term
of years, and three fifths of all other persons not comprehended
in the foregoing description, (except Indians not paying taxes)
which number shall, within three years after the first meeting of
the Legislature, and within the term of every ten years
afterwards, be taken in such manner as the said Legislature shall
direct.

(b) Representatives and direct taxes shall be apportioned among
the several states which may be included within this Union,
according to their respective numbers, which shall be determined
by adding to the whole number of free persons, including those
bound to servitude for a term of years, and excluding Indians not
taxed, three fifths of all other persons. The actual enumeration
shall be made within three years after the first meeting of the
Congress of the United States, and within every subsequent term
of ten years, in such manner as they shall by law direct. The
number of representatives shall not exceed one for every forty
thousand, but each state shall have at least one representative:
and until such enumeration shall be made, the state of
New-Hampshire shall be entitled to chuse three, Massachusetts
eight, Rhode-Island and Providence Plantation one, Connecticut
five, New-York six, New-Jersey, four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North-Carolina five,
South-Carolina five and Georgia three.[554]

What these framers said in explaining their intentions thereafter when discussing the constitution in ratifying conventions, legislatures and Congress, is further illuminating. Before the Maryland convention called to ratify the constitution Luther Martin said:

S: 2. Slaves ought never to be considered in Representation,
because they are property. They afford a rule as such in
Taxation; but are Citizens intrusted in the General Government,
no more than Cattle, Horses, Mules or Asses: and a Gentleman in
Debate very pertinently observed that he would as soon enter into
Compacts, with the Asses Mules, or Horses of the Ancient Dominion
as with their Slaves--When there is power to raise a revenue by
direct Taxation, each State ought to pay an equal Ratio; Whereas
by taxing Commerce some States pay greatly more than others,[555]

Before the South Carolina House of Representatives C. C. Pinckney said:

We are 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.[556]

In the New York Convention considering the ratification of the constitution, Hamilton said:

The first thing objected to is that clause which allows a
representation for three fifths of the negroes.... The regulation
complained of was one result of the spirit of accommodation
which governed the Convention; and without this indulgence no
union could possibly have been formed.[557]

On July 24, 1788, in the North Carolina convention, Davie said:

... 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 would be unequal and
burdensome--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....[558]

In the House of Representatives in 1820 C. C. Pinckney of South Carolina said:

Among the reasons which have induced me to rise, one is to
express my surprise. Surprise, did I say? I ought rather to have
said, my extreme astonishment, at the assertion I heard made on
both floors of Congress, that, in forming the Constitution of the
United States, and particularly that part of it which respects
the representation on this floor, the Northern and Eastern
States, or, as they are now called, the non-slaveholding States,
have made a great concession to the Southern in granting them a
representation of three-fifths of their slaves; that they saw the
concession was a very great and important one at the time, but
that they had no idea it would so soon have proved itself of such
consequence; that it would so soon have proved itself to be by
far the most important concession that had been made. They say,
that it was wrung from them by their affection to the Union, and
their wish to preserve it from dissolution or disunion; that they
had, for a long time, lamented they had made it; and that, if it
was to do over, no earthly consideration should again tempt them
to agree to so unequal and so ruinous a compromise....

It was, sir, for the purpose of correcting this great and
unpardonable error; unpardonable, because it is a wilful one, and
the error of it is well known to the ablest of those who make it;
of denying the assertion, and proving that the contrary is the
fact, and that the concession, on that occasion, was from the
Southern and the Northern States, that, among others, I have
risen.

It is of the greatest consequence that the proof I am about to
give should be laid before this nation; for, as the inequality of
representation is the great ground on which the Northern and
Eastern States have always, and now more particularly and
forcibly than ever, raised all their complaints on this subject,
if I can show and prove that they have not even a shadow of right
to make pretences or complaints; that they are as fully
represented as they ought to be; while, we, the Southern members,
are unjustly deprived of any representation for a large and
important part of our population, more valuable to the Union, as
can be shown, than any equal number of inhabitants in the
Northern and Eastern States, can, from their situation, climate,
and productions, possibly be. If I can prove this, I think I
shall be able to show most clearly the true motives which have
given rise to this measure; to strip the thin, the cobweb veil
from it, as well as the pretended ones of religion, humanity, and
love of liberty; and to show, to use the soft terms the decorum
of debate oblige me to use, the extreme want of modesty in those
who are already as fully represented here as they can be, to go
the great lengths they do in endeavoring, by every effort in
their power, public and private, to take from the Southern and
Western States, which are already so greatly and unjustly
deprived of an important part of the representation, a still
greater share; to endeavor to establish the first precedent,
which extreme rashness and temerity have ever presumed, that
Congress has a right to touch the question and legislate on
slavery; thereby shaking the property in them, in the Southern
and Western States, to its very foundation, and making an attack
which, if successful, must convince them that the Northern and
Eastern States are their greatest enemies; that they are
preparing measures for them which even Great Britain in the heat
of the Revolutionary War, and when all her passions were roused
by hatred and revenge to the highest pitch never ventured to
inflict upon them. Instead of a course like this, they ought, in
my judgment, sir, to be highly pleased with their present
situation; that they are fully represented, while we have lost so
great a share of our representation; they ought sir, to be highly
pleased at the dexterity and management of their members in the
Convention, who obtained for them this great advantage; and,
above all, with the moderation and forbearance with which the
Southern and Western States have always borne their many bitter
provocations on this subject, and now bear the open, avowed, and,
by many of the ablest men among them, undisguised attack on our
most valuable rights and properties....

* * * * *

Before I proceed to the other parts of this question, I have thus
endeavored to give a new view of the subject of representation in
this House; to show how much more the Eastern and Northern States
are represented than the Southern and Western....

The supporters of the amendment contend that Congress have the
right to insist on the prevention of involuntary servitude in
Missouri; and found the right on the ninth section of the first
article, which says "the migration or importation of such persons
as the States now existing may 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."

In considering this article, I will detail, as far as at this
distant period is possible, what was the intention of the
Convention that formed the Constitution in this article. The
intention was, to give Congress a power, after the year 1808, to
prevent the importation of slaves either by land or water from
other countries. The word _import_, includes both, and applies
wholly to slaves. Without this limitation Congress might have
stopped it sooner under their general power to regulate commerce;
and it was an agreed point, a solemnly understood compact, that,
on the Southern States consenting to shut their ports against the
importation of Africans, no power was to be delegated to
Congress, nor were they ever to be authorized to touch the
question of slavery; that the property of the Southern States in
slaves was to be as sacredly preserved, and protected to them, as
that of land, or any other kind of property in the Eastern States
were to be to their citizens.

The term, or word, migration, applies wholly to free whites; in
its Constitutional sense, as intended by the Convention, it means
"voluntary change of servitude," from one country to another. The
reasons of its being adopted and used in the Constitution, as far
as I can recollect, were these; that the Constitution being a
frame of government, consisting wholly of delegated powers, all
power, not expressly delegated, being reserved to the people or
the States, it was supposed, that, without some express grant to
them of power on the subject, Congress would not be authorized
ever to touch the question of migration hither, or emigration to
this country, however pressing or urgent the necessity for such a
measure might be; that they could derive no such power from the
usages of nations, or even the laws of war; that the latter would
only enable them to make prisoners of alien enemies, which would
not be sufficient, as spies or other dangerous emigrants, who
were not alien enemies, might enter the country for treasonable
purposes, and do great injury; that, as all governments possessed
this power, it was necessary to give it to our own, which could
alone exercise it, and where, on other and much greater points,
we had placed unlimited confidence; it was, therefore, agreed
that, in the same article, the word migration should be placed;
and that, from the year 1808, Congress should possess the
complete power to stop either or both, as they might suppose the
public interest required; the article, therefore, is a _negative
pregnant_, restraining for twenty years, and giving the power
after.

The reasons for restraining the power to prevent migration hither
for twenty years, were, to the best of my recollections, these;
That, as at this time, we had immense and almost immeasurable
territory, peopled by not more than two millions and a half of
inhabitants, it was of very great consequence to encourage the
emigration of able, skilful, and industrious Europeans. The wise
conduct of William Penn, and the unexampled growth of
Pennsylvania, were cited. It was said, that the portals of the
only temple of true freedom now existing on earth should be
thrown open to all mankind; that all foreigners of industrious
habits should be welcome, and none more so than men of science,
and such as may bring to us arts we are unacquainted with, or the
means of perfecting those in which we are not yet sufficiently
skilled--capitalists whose wealth may add to our commerce or
domestic improvements; let the door be ever and most
affectionately open to illustrious exiles and sufferers in the
cause of liberty; in short, open it liberally to science, to
merit, and talents, wherever found, and receive and make them
your own. That the safest mode would be to pursue the course for
twenty years, and not, before that period, put it at all into the
power of Congress to shut it; that, by that time, the Union would
be so settled, and our population would be so much increased, we
could proceed on our own stock, without the farther accession of
foreigners; that as Congress were to be prohibited from stopping
the importation of slaves to settle the Southern States, as no
obstacles was to be thrown in the way of their increase and
settlement for that period, let it be so with the Northern and
Eastern, to which, particularly New York and Philadelphia it was
expected most of the emigrants would go from Europe: and it so
happened, for, previous to the year 1808, more than double as
many Europeans emigrated to these States, as of Africans were
imported into the Southern States.

* * * * *

Connecting the question of importing slaves with that of counting them to determine the representation in the national legislature, the framers engaged in a heated debate as to whether or not the Southern States would always have a majority in that body by encouraging the slave trade. Carolina and Georgia, however, stood firm for the right to import slaves.

On July 23 General Pinckney reminded the Convention that if the
Committee should fail to insert some security to the Southern
States agst. an emancipation of slaves, and taxes on exports, he
shd. be bound by duty to his State to vote agst. their
Report--The appt. of a Come. as moved by Mr. Gerry, Agd. to nem.
con.[559]

The Committee of Detail, therefore, reported:

2 no prohibitions or (such) (ye) Importations of such inhabitants
(or people as the sevl. States think proper to admit)

No Tax or Duty shall be laid by the Legislature, on Articles
exported from any State; nor on the emigration or importation of
such Persons as the several States shall think proper to admit;
nor shall such emigration or importation be prohibited.

No Capitation Tax shall be laid, unless in Proportion to the
Census herein before directed to be taken.

The draft of the constitution reported on August 6 carried:[32]

Sect. 4. No tax or duty shall be laid by the Legislature on
articles exported from any State; nor on the migration or
importation of such persons as the several States shall think
proper to admit; nor shall such migration or importation be
prohibited.

On the eighth of August, King remarked:[560]

Mr. King wished to know what influence the vote just passed was
meant have on the succeeding part of the Report, concerning the
admission of slaves into the rule of Representation. He could not
reconcile his mind to the article if it was to prevent objections
to the latter part. The admission of slaves was a most grating
circumstance to his mind, & he believed would be so to a great
part of the people of America. He had not made a strenuous
opposition to it heretofore because he had hoped that this
concession would have produced a readiness which had not been
manifested, to strengthen the Genl. Govt. and to mark a full
confidence in it. The Report under consideration had by the tenor
of it, put an end to all these hopes. In two great points the
hands of the Legislature were absolutely tied. The importation of
slaves could not be prohibited--exports could not be taxed. Is
this reasonable? What are the great objects of the Genl. System?
1. defence agst. foreign invasion. 2 agst. internal sedition.
Shall all the States then be bound to defend each; & shall each
be at liberty to introduce a weakness which will render defence
more difficult? Shall one part of the U. S. be bound to defend
another part, and that other part be at liberty not only to
increase its own danger, but to withhold the compensation for the
burden? If slaves are to be imported shall not the exports
produced by their labor, supply a revenue the better to enable
the Genl. Govt. to defend their masters?--There was so much
inequality & unreasonableness in all this, that the people of the
N(orthern) States could never be reconciled (to it). No candid
man could undertake to justify it to them. He had hoped that some
accommodation wd. have taken place on this subject; that at least
a time wd. have been limited for the importation of slaves. He
never could agree to let them be imported without limitation &
then be represented in the Natl. Legislature. Indeed he could so
little persuade himself of the rectitude of such a practice, that
he was not sure he could assent to it under any circumstances. At
all events, either slaves should not be represented, or exports
should be taxable.

Mr. Sherman regarded the slave-trade as iniquitous; but the point
of representation having been settled after much difficuty &
deliberation, he did not think himself bound to make opposition;
especially as the present articles as amended did not preclude
any arrangement whatever on that point in another place of the
Report.

Mr. Govr. Morris moved to insert "free" before the word
"inhabitants." Much he said would depend on this point. He never
would concur in upholding domestic slavery. It was a nefarious
institution--It was the curse of heaven on the States where it
prevailed. Compare the free regions of the Middle States, where a
rich & noble cultivation marks the prosperity & happiness of the
people, with the misery & poverty which overspread the barren
wastes of Va. Maryd & the other States having slaves. (Travel
thro' ye whold Continent & you behold the prospect continually
varying with the appearance and disappearance of slavery. The
moment you leave ye E Sts. & enter N. York, the effects of the
institution become visible; Passing thro' the Jerseys and
entering Pa--every criterion of superior improvement witnesses
the change. Proceed Southwdly, & every step you take thro' ye
great regions of slaves, presents a desert increasing with ye
increasing proportion of these wretched beings.)

Upon what principle is it that the slaves shall be computed in
the representation? Are they men? Then make them Citizens & let
them vote? Are they property? Why then is no other property
included? The Houses in this City (Philada.) are worth more than
all the wretched slaves which cover the rice swamps of South
Carolina. The admission of slaves into the Representation when
fairly explained comes to this: that inhabitant of Georgia and S.
C. who goes to the Coast of Africa and in defiance of the most
sacred laws of humanity tears away his fellow creatures from
their dearest connections & dam(n)s them to the most cruel
bondages, shall have more votes in a Govt. instituted for
protection of the rights of mankind, than the Citizens of Pa or
N. Jersey who views with a laudable horror, so nefarious a
practice. He would add that Domestic slavery is the most
prominent feature in the aristocratic countenance of the proposed
Constitution. The vassalage of the poor has ever been the
favorite offspring of Aristocracy. And What is the proposed
compensation to the Northern States for a sacrifice of every
principle of right, of every impulse of humanity. They are to
bind themselves to march their militia for the defence of the S.
States; for their defence agst those very slaves of whom they
complain. They must supply vessels & seamen, in case of foreign
Attack. The Legislature will have indefinite power to tax them by
excises, and duties on imports; both of which will fall heavier
on them than on the Southern inhabitants; for the bohea tea used
by a Northern freeman, will pay more tax than the whole
consumption of the miserable slave, which consists of nothing
more than his physical subsistence and the rag that covers his
nakedness. On the other side the Southern States are not to be
restrained from importing fresh supplies of wretched Africans, at
once to increase the danger of attack, and the difficulty of
defence; nay they are to be encouraged to it by an assurance of
having their votes in the Natl Govt increased in proportion, and
are at the same time to have their exports & their slaves exempt
from all contributions for the public service. Let it not be said
that direct taxation is to be proportioned to representation. It
is idle to suppose that the Genl Govt. can stretch its hand
directly into the pockets of the people scattered over so vast a
Country. They can only do it through the medium of exports
imports & excises. For what then are all these sacrifices to be
made? He would sooner submit himself to a tax for paying for all
the Negroes in the U. States, than saddle posterity with such a
Constitution.

Mr. Dayton 2ded. the motion. He did it he said that his
sentiments on the subject might appear whatever might be the fate
of the amendment.

Mr. Sherman, did not regard the admission of the Negroes into the
ratio of representation, as liable to such insuperable
objections. It was the freemen of the Southn. States who were in
fact to be represented according to the taxes paid by them, and
the Negroes are only included in the Estimate of the taxes. This
was his idea of the matter.

Mr. Pinkney, considered the fisheries & the Western frontier as
more burdensome to the U. S. than the slaves--He thought this
could be demonstrated if the occasion were a proper one.

Mr Wilson, thought the motion premature--An agreement to the
clause would be no bar to the object of it.

Question On Motion to insert "free" before "inhabitants."

N. H.--no. Mas. no. Ct. no. N. J. ay. Pa. no. Del. no. Md. no.
Va. no. S. C. no. N. C. no. Geo. no. (Ayes--1; noes--10.)[561]

* * * * *

Luther Martin (some days thereafter), proposed to vary the sect:
4. art VII so as to allow a prohibition or tax on the importation
of slaves,

1. As five slaves are to be counted as 3 free men in the
apportionment of Representatives; such a clause wd. leave an
encouragement to this traffic.

2. slaves weakened one part of the Union which the other parts
were bound to protect: the privilege of importing them was
therefore unreasonable--

3. it was inconsistent with the principles of the revolution and
dishonorable to the American character to have such a feature in
the Constitution.

Mr Rutlidge did not see how the importation of slaves could be
encouraged by this section. He was not apprehensive of
insurrections and would readily exempt the other States from the
(obligation to protect the Southern against them.).--Religions &
humanity had nothing to do with this question--Interest alone is
the governing principle with Nations--The true question at
present is whether the Southn. States shall or shall not be
parties to the Union. If the Northern States consult their
interest, they will not oppose the increase of Slaves which will
increase the commodities of which they will become the carriers.

Mr. Ellsworth was for leaving the clause as it stands, let every
State import what it pleases. The morality or wisdom of slavery
are considerations belonging to the States themselves--What
enriches a part enriches the whole, and the States are the best
judges of their particular interest. The old confederation had
not meddled with this point, and he did not see any greater
necessity for bringing it within the policy of the new one:

Mr Pinkney. South Carolina can never receive the plan if it
prohibits the slave trade. In every proposed extension of the
powers of Congress, that State has expressly & watchfully
excepted that of meddling with the importation of negroes. If the
States be all left at liberty on this subject, S. Carolina may
perhaps by degrees do of herself what is wished, as Virginia &
Maryland have already done.[562]

Adjourned

Art. VII sect 4. resumed. Mr. Sherman was for leaving the clause
as it stands. He disapproved of the slave trade: yet as the
States were now possessed of the right to import slaves, as the
public good did not require it to be taken from them, & as it was
expedient to have as few objections as possible to the proposed
scheme of Government, he thought it best to leave the matter as
we find it.[34] He observed that the abolition of slavery seemed
to be going on in the U. S. & that the good sense of the several
States would probably by degrees complete it. He urged on the
Convention the necessity of despatch(ing its business.)

Col. Mason. This infernal trafic originated in the avarice of
British Merchants. The British Govt. constantly checked the
attempts of Virginia to put a stop to it. The present question
concerns not the importing States alone but the whole Union. The
evil of having slaves was experienced during the late war. Had
slaves been treated as they might have been by the Enemy, they
would have proved dangerous instruments in their hands. But their
folly dealt by the slaves, as it did by the Tories. He mentioned
the dangerous insurrections of the slaves in Greece and Sicily;
and the instructions given by Cromwell to the Commissioners sent
to Virginia to arm the servants & slaves, in case other means of
obtaining its submission should fail. Maryland & Virginia he said
had already prohibited the importation of slaves expressly. N.
Carolina had done the same in substance. All this would be in
vain if S. Carolina & Georgia be at liberty to import. The
Western people are already calling out for slaves for their new
lands; and will fill that Country with slaves if they can be got
thro' S. Carolina & Georgia. Slavery discourages arts &
manufactures. The poor despise labor when performed by slaves.
They prevent the immigration of Whites, who really enrich &
strengthen a Country. They produce the most pernicious effect on
manners. Every master of slaves is born a petty tyrant. They
bring the judgment of heaven on a Country. As nations can not be
rewarded or punished in the next world they must be in this. By
an inevitable chain of causes & effects providence punishes
national calamities. He lamented that some of our Eastern
brethren had from a lust of gain embarked in this nefarious
traffic. As to the States being in possession of the Right to
import, this was the case with many other rights, now to be
properly given up. He held it essential in every point of view,
that the Genl. Govt. should have power to prevent the increase of
slavery.

Mr. Ellsworth. As he had never owned a slave could not judge of
the effects of slavery on character. He said however that if it
was to be considered in a moral light we ought to go farther and
free those already in the Country.--As slaves also multiply so
fast in Virginia & Maryland that it is cheaper to raise than
import them, whilst in the sickly rice swamps foreign supplies
are necessary, if we go no farther than is urged, we shall be
unjust towards S. Carolina & Georgia--Let us not intermeddle. As
population increases; poor laborers will be so plenty as to
render slaves useless. Slavery in time will not be a speck in our
Country. Provision is already taken place in Connecticut for
abolishing it. And the abolition has already taken place in
Massachusetts. As to the danger of insurrection from foreign
influence, that will become a motive to kind treatment of the
slaves.

Mr. Pinkney--If slavery be wrong, it is justified by the example
of the world. He cited the case of Greece, Rome & other ancient
States; the sanction given by France, England, Holland & other
modern States. In all ages one half of mankind have been slaves.
If the S. States were let alone they will probably of themselves
stop importations. He wd. himself as a Citizen of S. Carolina
vote for it. An attempt to take away the right as proposed will
produce serious objections to the Constitution which he wished to
see adopted.

General Pinkney declared it to be his firm opinion that if
himself & all his colleagues were to sign the Constitution & use
their personal influence, it would be of no avail towards
obtaining the assent of their Constituents. S. Carolina & Georgia
cannot do without slaves. As to Virginia she will gain by
stopping the importations. Her slaves will rise in value, & she
has more than she wants. It would be unequal to require S. C. &
Georgia to confederate on such unequal terms. He said the Royal
assent before the Revolution had never been refused to S.
Carolina as to Virginia. He contended that the importation of
slaves would be for the interest of the whole Union. The more
slaves, the more produce to employ the carrying trade; the more
consumption also, and the more of this, the more of revenue for
the common treasury. He admitted it to be reasonable that slaves
should be dutied like other imports, but should consider a
rejection of the clause as an exclusion of S. Carola from the
Union.

Mr. Baldwin had conceived national object alone to be before the
Convention, not such as like the present were of a local nature.
Georgia was decided on this point. That State has always hitherto
supposed a Genl Government to be the pursuit of the central
States who wished to have a vortex for every thing--that her
distance would preclude her from equal advantage--& that she
could not prudently purchase it by yielding national powers. From
this it might be understood in what light she would view an
attempt to abridge one of her favorite prerogatives. If left to
herself, she may probably put a stop to the evil. As one ground
for this conjecture, he took notice of the sect of which he said
was a respectable class of people, who carryed their ethics
beyond the mere _equality of men_, extending their humanity to
the claims of the whole animal creation.

Mr. Wilson observed that if S. C. & Georgia were themselves
disposed to get rid of the importation of slaves in a short time
as had been suggested, they would never refuse to unite because
the importation might be prohibited. As the Section now stands
all articles imported are to be taxed. Slaves alone are exempt.
This is in fact a bounty on that article.

Mr. Gerry thought we had nothing to do with the conduct of the
States as to Slaves, but ought to be careful not to give any
sanction to it.

Mr. Dickinson considered it as inadmissible on every principle of
honor & safety that the importation of slaves should be
authorized to the States by the Constitution. The true question
was whether the national happiness would be promoted or impeded
by the importation, and this question ought to be left to the
National Govt. not to the States particularly interested. If
Engd. & France permit slavery, slaves are at the same time
excluded from both those kingdoms. Greece and Rome were made
unhappy by their slaves. He could not believe that the Southn.
States would refuse to confederate on the account apprehended;
especially as the power was not likely to be immediately
exercised by the Genl. Government.

Mr Williamson stated the law of N. Carolina on the subject, to
wit that it did not directly prohibit the importation of slaves.
It imposed a duty of £5. on each slave imported from Africa. £10.
on each from elsewhere, & £50 on each from a State licensing
manumission. He thought the S. States could not be members of the
Union if the clause should be rejected, and that it was wrong to
force any thing down, not absolutely necessary, and which any
State must disagree to.

Mr. King thought the subject should be considered in a political
light only. If two States will not agree to the Constitution as
stated on one side, he could affirm with equal belief on the
other, that great & equal opposition would be experienced from
the other States. He remarked on the exemption of slaves from
duty whilst every other import was subjected to it, as an
inequality that could not fail to strike the commercial sagacity
of the Northn. & middle States.

Mr. Langdon was strenuous for giving the power to the Genl Govt.
He cd. not with a good conscience leave it with the States who
could then go on with the traffic, without being restrained by
the opinions here given that they will themselves cease to import
slaves.

Genl. Pinkney thought himself bound to declare candidly that he
did not think S. Carolina would stop her importations of slaves
in any short time, but only stop them occasionally as she now
does. He moved to commit the clause that slaves might be made
liable to an equal tax with other imports which he thought right
& wh. wd. remove one difficulty that had been started.

Mr. Rutlidge. If the Convention thinks that N. C.; S. C. &
Georgia will ever agree to the plan, unless their right to import
slaves be untouched, the expectation is vain. The people of those
States will never be such fools as to give up so important an
interest. He was strenuous agst. striking out the Section, and
seconded the motion of Genl. Pinkney for a commitment.

Mr. Govr. Morris wished the whole subject to be committed
including the clauses relating to taxes on exports & to a
navigation act. These things may form a bargain among the
Northern & Southern States.

Mr. Butler declared that he never would agree to the power of
taxing exports.

Mr. Sherman said it was better to let the S. States import slaves
than to part with them, if they made that a sine qua non. He was
opposed to a tax on slaves imported as making the matter worse,
because it implied they were _property_. He acknowledged that if
the power of prohibiting the importation should be given to the
Genl. Government that it would be exercised. He thought it would
be its duty to exercise the power.

Mr. Read was for the commitment provided the clause concerning
taxes on exports should also be committed.

Mr. Sherman, observed that that clause had been agreed to &
therefore could not committed.

Mr. Randolph was for committing in order that some middle ground
might, if possible, be found. He could never agree to the clause
as it stands. He wd. sooner risk the constitution--He dwelt on
the dilemma to which the Convention was exposed. By agreeing to
the clause, it would revolt the Quakers, the Methodists, and many
others in the State having no slaves. On the other hand, two
States might be lost to the Union. Let us then, he said, try the
chance of a commitment.

On the question for committing the remaining part of Sect. 4 & 5.
of art: 7. N. H. no. Mas. abst. Cont. ay N. J. ay Pa. no. Del. no
Maryd. ay. Va. ay. N. C. ay S. C. ay. Geo. ay. Geo. ay. (Ayes--7;
noes--3; absent--1.)

Mr. Pinkney & Mr. Langdon moved to commit sect. 6. as to
navigation act (by two thirds of each House.)

Mr. Gorham did not see the propriety of it. Is it meant to
require a greater proportion of votes? He desired it to be
remembered that the Eastern States had no motive to Union but a
commercial one. They were able to protect themselves. They were
not afraid of external danger, and did not need the aid of the
Southn. States.

Mr. Wilson wished for a commitment in order to reduce the
proportion of votes required.

Mr. Ellsworth was for taking the plan as it is. This widening of
opinions has a threatening aspect. If we do not agree on this
middle & moderate ground he was afraid we should lose two States,
with such others as may be disposed to stand aloof, should fly
into a variety of shapes & directions, and most probably into
several confederations and not without bloodshed.

On Question for committing 6 sect. as to navigation Act to a
member from each State--N. H. ay--Mas. ay. Ct. no. N. J. no. Pa.
ay. Del. ay. Md. ay. Va. ay. N. C. ay. S. C. ay. Geo. ay.
(Ayes--9; noes--2;)[563]

McHenry has the following note on slavery for the twenty-second of August:

Committed the remainder of the 4 sect. with the 5 and 6.

The 4 sect promitting the importation of Slaves gave rise to much
desultory debate.