Chapter XXIII: Part II (3)

Every 5 slaves counted in representation as one elector without
being equal in point of strength to one _white_ inhabitant.

This gave the slave States an advantage in representation over
the others.

The slaves were moreover exempt from duty on importation.

They served to render the representation from such States
aristocratical.

It was replied--That the population or increase of slaves in
Virginia exceeded their calls for their services--That a
prohibition of Slaves into S. Carolina Georgia etc--would be a
monopoly in their favor. These States could not do without
Slaves--Virginia etc would make their own terms for such as they
might sell.

Such was the situation of the country that it could not exist
without slaves--That they could confederate on no other
condition.

They had enjoyed the right of importing slaves when colonies.

They enjoyed it as States under the confederation--And if they
could not enjoy it under the proposed government, they could not
associate or make a part of it.

Several additions were reported by the Committee.[564]

Upon taking up the report of the Committee of Eleven on the twenty-fifth of August

Genl Pinkney moved to strike out the words "the year eighteen
hundred" (as the year limiting the importation of slaves,) and to
insert the words "the year eighteen hundred and eight"

Mr. Ghorum 2ded the motion

Mr. Madison. Twenty years will produce all the mischief that can
be apprehended from the liberty to import slaves. So long a term
will be more dishonorable to the National character than to say
nothing about it in the Constitution.

On the motion; (which passed in the affirmative.) N--H ay. Mas.
ay--Ct. ay. N. J. no. Pa. no Del--no. Md. ay. Va. no. N--C. ay.
S--C. ay. Geo. ay. (Ayes--7; noes--4.)

Mr. Govr. Morris was for making the clause read at once,
"importation of slaves into N. Carolina, S--Carolina & Georgia."
(shall not be prohibited &c.) This he said would be most fair and
would avoid the abiguity by which, under the power with regard to
naturalization, the liberty reserved to the States might be
defeated. He wished it to be known also that this part of the
Constitution was a compliance with those States. If the change of
language however should be objected to by the members from those
States, he should not urge it.

Col. Mason was not against using the term "slaves" but agst
naming N--C--S--C. & Georgia, lest it should give offence to the
people of those States.

Mr Sherman liked a description better than the terms proposed,
which had been declined by the old Congs & were not pleasing to
some people. Mr. Clymer concurred with Mr. Sherman.

Mr. Williamson said that both in opinion & practice he was,
against slavery; but thought it more in favor of humanity, from a
view of all circumstances, to let in S--C & Georgia on those
terms, than to exclude them from the Union--

Mr. Govr. Morris withdrew his motion.

Mr. Dickenson wished the clause to be confined to the States
which had not themselves prohibited the importation of slaves,
and for that purpose moved to amend the clause so as to read "The
importation of slaves into such of the States as shall permit the
same shall not be prohibited by the Legislature of the
U--S--until the year 1808".--which was agreed to nem: cont:

The first part of the report was then agreed to, amended as
follows. "The migration or importation of such persons as the
several States now existing shall think proper to admit shall not
be prohibited by the Legislature prior to the year 1808." N. H.
Mas. Con. Md. N. C. S. C. Geo: ... ay N. J. Pa. Del Virga ... no.
(Ayes--7; noes--4).

Mr. Baldwin in order to restrain & more explicitly define "the
average duty" moved to strike out of the 2d. part the words
"average of the duties laid on imports" and insert "common impost
on articles not enumerated" which was agreed to nem: cont:

Mr. Sherman was agst. this 2d part, as acknowledging men to be
property, by taxing them as such under the character of slaves.

Mr. King & Mr. Langdon considered this as the price of the 1st
part.

Genl. Pinkney admitted that it was so.

Col. Mason. Not to tax, will be equivalent to a bounty on the
importation of slaves.

Mr. Ghorum thought that Mr. Sherman should consider the duty, not
as implying that slaves are property, but as a discouragement to
the importation of them.

Mr. Govr, Morris remarked that as the clause now stands it
implies that the Legislature may tax freemen imported.

Mr. Sherman in answer to Mr. Ghorum observed that the smallness
of the duty shewed revenue to be the object, not the
discouragement of the importation.

Mr. Madison thought it wrong to admit in the Constitution the
idea that there could be property in men. The reason of duties
did not hold, as slaves are not like merchandise, consumed &c.

Col. Mason (in answr. to Govr. Morris) the provision as it stands
was necessary for the case of Convicts in order to prevent the
introduction of them.

It was finally agreed nem: contrad: to make the clause read "but
a tax or duty may be imposed on such importation not exceeding
ten dollars for each person", and then the 2d. part as amended
was agreed to.

Sect 5--art--VII was agreed to nem: con: as reported.

Sect 6. art. VII. in the Report was, postponed.