Part 219 (2/2)
Mr. Iredell begged leave to explain the reason of this clause. In some of the Northern States, they have emanc.i.p.ated 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 ent.i.tled 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 const.i.tution. 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 const.i.tution 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 s.h.i.+pping; 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 const.i.tution 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 princ.i.p.al objection is, that no duties are laid on s.h.i.+pping--that in fact the carrying trade was to be vested in a great measure in the Americans; that the s.h.i.+p-building business was princ.i.p.ally 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 s.h.i.+p-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, friends.h.i.+ps, and humanity, to relieve their distresses; and as by their exertions they have a.s.sisted us in establis.h.i.+ng 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 a.s.signed 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 Const.i.tution.
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 emanc.i.p.ate 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 const.i.tution; 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 circ.u.mstances, 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 Const.i.tution; 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 s.p.a.ce 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.
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