Part 218 (1/2)
This proves that the advantages of the plan are not confined to the southern states, but extend to other parts of the Union.
Mr. M. Smith. I shall make no reply to the arguments offered by the hon. gentleman to justify the rule of apportionment fixed by this clause: for though I am confident they might be easily refuted, yet I am persuaded we must yield this point, in accommodation to the southern states. The amendment therefore proposes no alteration to the clause in this respect.
Mr. Harrison. Among the objections, that, which has been made to the mode of apportionment of representatives, has been relinquished. I think this concession does honor to the gentleman who had stated the objection. He has candidly acknowledged, that this apportionment was the result of accommodation; without which no union could have been formed.
PENNSYLVANIA CONVENTION.
Mr. Wilson. Much fault has been found with the mode of expression, used in the first clause of the ninth section of the first article. I believe I can a.s.sign a reason, why that mode of expression was used, and why the term slave was not admitted in this const.i.tution--and as to the manner of laying taxes, this is not the first time that the subject has come into the view of the United States, and of the legislatures of the several states. The gentleman, (Mr. Findley) will recollect, that in the present congress, the quota of the federal debt, and general expenses, was to be in proportion to the value of land, and other enumerated property, within the states. After trying this for a number of years, it was found on all hands, to be a mode that could not be carried into execution. Congress were satisfied of this, and in the year 1783 recommended, in conformity with the powers they possessed under the articles of confederation, that the quota should be according to the number of free people, including those bound to servitude, and excluding Indians not taxed. These were the expressions used in 1783, and the fate of this recommendation was similar to all their other resolutions. It was not carried into effect, but it was adopted by no fewer than eleven, out of thirteen states; and it cannot but be matter of surprise, to hear gentlemen, who agreed to this very mode of expression at that time, come forward and state it as an objection on the present occasion. It was natural, sir, for the late convention, to adopt the mode after it had been agreed to by eleven states, and to use the expression, which they found had been received as unexceptional before. With respect to the clause, restricting congress from prohibiting the migration or importation of such persons, as any of the states now existing, shall think proper to admit, prior to the year 1808. The honorable gentleman says, that this cause is not only dark, but intended to grant to congress, for that time, the power to admit the importation of slaves.
No such thing was intended; but I will tell you what was done, and it gives me high pleasure, that so much was done. Under the present confederation, the states may admit the importation of slaves as long as they please; but by this article, after the year 1808 the congress will have power to prohibit such importation, notwithstanding the disposition of any state to the contrary. I consider this as laying the foundation for banis.h.i.+ng slavery out of this country; and though the period is more distant than I could wish, yet it will produce the same kind, gradual change, which was pursued in Pennsylvania. It is with much satisfaction I view this power in the general government, whereby they may lay an interdiction on this reproachful trade; but an immediate advantage is also obtained, for a tax or duty may be imposed on such importation, not exceeding ten dollars for each person; and this, sir, operates as a partial prohibition; it was all that could be obtained, I am sorry it was no more; but from this I think there is reason to hope, that yet a few years, and it will be prohibited altogether; and in the mean time, the new states which are to be formed, will be under the control of congress in this particular; and slaves will never be introduced amongst them. The gentleman says, that it is unfortunate in another point of view; it means to prohibit the introduction of white people from Europe, as this tax may deter them from coming amongst us; a little impartiality and attention will discover the care that the convention took in selecting their language. The words are the _migration_ or IMPORTATION of such persons, &c., shall not be prohibited by congress prior to the year 1808, but a tax or duty may be imposed on such importation; it is observable here, that the term migration is dropped, when a tax or duty is mentioned, so that congress have power to impose the tax only on those imported.
I recollect, on a former day, the honorable gentleman from Westmoreland (Mr. Findley) and the honorable gentleman from c.u.mberland (Mr. Whitehill,) took exception against the first clause of the 9th section, art. 1, arguing very unfairly, that because congress might impose a tax or duty of ten dollars on the importation of slaves, within any of the United States, congress might therefore permit slaves to be imported within this state, contrary to its laws. I confess I little thought that this part of the system would be excepted to.
I am sorry that it could be extended no further; but so far as it operates, it presents us with the pleasing prospect, that the rights of mankind will be acknowledged and established throughout the union.
If there was no other lovely feature in the const.i.tution but this one, it would diffuse a beauty over its whole countenance. Yet the lapse of a few years! and congress will have power to exterminate slavery from within our borders.
How would such a delightful prospect expand the breast of a benevolent and philanthropic European? Would he cavil at an expression? catch at a phrase? No, sir, that is only reserved for the gentleman on the other side of your chair to do.
Mr. McKean. The arguments against the const.i.tution are, I think, chiefly these: ...
That migration or importation of such persons, as any of the states shall admit, shall not be prohibited prior to 1808, nor a tax or duty imposed on such importation exceeding ten dollars for each person.
Provision is made that congress shall have power to prohibit the importation of slaves after the year 1808, but the gentlemen in opposition, accuse this system of a crime, because it has not prohibited them at once. I suspect those gentlemen are not well acquainted with the business of the diplomatic body, or they would know that an agreement might be made, that did not perfectly accord with the will and pleasure of any one person. Instead of finding fault with what has been gained, I am happy to see a disposition in the United States to do so much.
VIRGINIA CONVENTION.
Gov Randolph said, we are told in strong language, of dangers to which we will be exposed unless we adopt this Const.i.tution. Among the rest, domestic safety is said to be in danger. This government does not attend to our domestic safety. It authorizes the importation of slaves for twenty-odd years, and thus continues upon us that nefarious trade.
Instead of securing and protecting us, the continuation of this detestable trade adds daily to our weakness. Though this evil is increasing, there is no clause in the Const.i.tution that will prevent the northern and eastern States from meddling with our whole property of that kind. There is a clause to prohibit the importation of slaves after twenty years, but there is no provision made for securing to the southern States those they now possess. It is far from being a desirable property. But it will involve us in great difficulties and infelicity to be now deprived of them. There ought to be a clause in the Const.i.tution to secure us that property, which we have acquired under our former laws, and the loss of which would bring ruin on a great many people.
Mr. Lee. The honorable gentleman abominates it, because it does not prohibit the importation of slaves, and because it does not secure the continuance of the existing slavery! Is it not obviously inconsistent to criminate it for two contradictory reasons? I submit it to the consideration of the gentleman, whether, if it be reprehensible in the one case, it can be censurable in the other? Mr. Lee then concluded by earnestly recommending to the committee to proceed regularly.
Mr. Henry. It says, that ”no state shall engage in war, unless actually invaded.” If you give this clause a fair construction, what is the true meaning of it? What does this relate to? Not domestic insurrections, but war. If the country be invaded, a state may go to war; but cannot suppress insurrections. If there should happen an insurrection of slaves, the country cannot be said to be invaded.--They cannot therefore suppress it, without the interposition of congress.
Mr. George Nicholas said, another worthy member says, there is no power in the States to quell an insurrection of slaves. Have they it now? If they have, does the Const.i.tution take it away? If it does, it must be in one of the three clauses which have been mentioned by the worthy member. The first clause gives the general government power to call them out when necessary. Does this take it away from the States?
No. But it gives an additional security: for, besides the power in the State governments to use their own militia, it will be the duty of the general government to aid them with the strength of the Union when called for. No part of the Const.i.tution can show that this power is taken away.
Mr. George Mason. Mr. Chairman, this is a fatal section, which has created more dangers than any other. The first clause allows the importation of slaves for twenty years. Under the royal government, this evil was looked upon as a great oppression, and many attempts were made to prevent it; but the interest of the African merchants prevented its prohibition. No sooner did the revolution take place, than it was thought of. It was one of the great causes of our separation from Great Britain. Its exclusion has been a princ.i.p.al object of this State, and most of the States in the Union. The augmentation of slaves weakens the States; and such a trade is diabolical in itself, and disgraceful to mankind. Yet, by this Const.i.tution, it is continued for twenty years. As much as I value an union of all the States, I would not admit the Southern States into the Union, unless they agreed to the discontinuance of this disgraceful trade, because it would bring weakness and not strength to the Union. And though this infamous traffic be continued, we have no security for the property of that kind which we have already. There is no clause in this Const.i.tution to secure it; for they may lay such tax as will amount to manumission. And should the government be amended, still this detestable kind of commerce cannot be discontinued till after the expiration of twenty years. For the fifth article, which provides for amendments, expressly excepts this clause. I have ever looked upon this as a most disgraceful thing to America. I cannot express my detestation of it. Yet they have not secured us the property of the slaves we have already. So that, ”they have done what they ought not to have done, and have left undone what they ought to have done.”
Mr. Madison. Mr. Chairman, I should conceive this clause to be impolitic, if it were one of those things which could be excluded without encountering greater evils. The Southern States would not have entered into the Union of America, without the temporary permission of that trade. And if they were excluded from the Union, the consequences might be dreadful to them and to us. We are not in a worse situation than before. That traffic is prohibited by our laws, and we may continue the prohibition. The Union in general is not in a worse situation. Under the articles of confederation, it might be continued forever: but by this clause an end may be put to it after twenty years. There is, therefore, an amelioration of our circ.u.mstances. A tax may be laid in the mean time; but it is limited, otherwise Congress might lay such a tax as would amount to a prohibition. From the mode of representation and taxation, Congress cannot lay such a tax on slaves as will amount to manumission. Another clause secures us that property which we now possess. At present, if any slave elopes to any of those States where slaves are free, he becomes emanc.i.p.ated by their laws. For the laws of the States are uncharitable to one another in this respect. But in this Const.i.tution, ”no person held to service, or labor, in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due.” This clause was expressly inserted to enable owners of slaves to reclaim them. This is a better security than any that now exists. No power is given to the general government to interpose with respect to the property in slaves now held by the States. The taxation of this State being equal only to its representation, such a tax cannot be laid as he supposes. They cannot prevent the importation of slaves for twenty years; but after that period, they can. The gentlemen from South Carolina and Georgia argued in this manner: ”We have now liberty to import this species of property, and much of the property now possessed, has been purchased, or otherwise acquired, in contemplation of improving it by the a.s.sistance of imported slaves. What would be the consequence of hindering us from it? The slaves of Virginia would rise in value, and we would be obliged to go to your markets.” I need not expatiate on this subject. Great as the evil is, a dismemberment of the Union would be worse. If those States should disunite from the other States, for not including them in the temporary continuance of this traffic, they might solicit and obtain aid from foreign powers.
Mr. Tyler warmly enlarged on the impolicy, iniquity, and disgracefulness of this wicked traffic. He thought the reasons urged by gentlemen in defence of it were inconclusive, and ill founded. It was one cause of the complaints against British tyranny, that this trade was permitted. The Revolution had put a period to it; but now it was to be revived. He thought nothing could justify it. This temporary restriction on Congress militated, in his opinion, against the arguments of gentlemen on the other side, that what was not given up, was retained by the States; for that if this restriction had not been inserted, Congress could have prohibited the African trade. The power of prohibiting it was not expressly delegated to them; yet they would have had it by implication, if this restraint had not been provided.
This seemed to him to demonstrate most clearly the necessity of restraining them by a bill of rights, from infringing our unalienable rights. It was immaterial whether the bill of rights was by itself, or included in the Const.i.tution. But he contended for it one way or the other. It would be justified by our own example, and that of England.
His earnest desire was, that it should be handed down to posterity, that he had opposed this wicked clause.
Mr. Madison. As to the restriction in the clause under consideration, it was a restraint on the exercise of a power expressly delegated to congress, namely, that of regulating commerce with foreign nations.
Mr. Henry insisted, that the insertion of these restrictions on Congress, was a plain demonstration that Congress could exercise powers by implication. The gentleman had admitted that Congress could have interdicted the African trade, were it not for this restriction.