Part 231 (1/2)

On the question, on the motion to insert ”free” before ”inhabitants,”

New-Jersey, aye--1; New-Hamps.h.i.+re, Ma.s.sachusetts, Connecticut, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, no--10.--pp. 1261-2-3-4-5-6.

THURSDAY, August 16, 1787.

Mr. MASON urged the necessity of connecting with the powers of levying taxes, duties, &c., the prohibition in Article 6, Sect. 4, ”that no tax should be laid on exports.”

He hoped the Northern States did not mean to deny the Southern this security.

MR. GOUVERNEUR MORRIS considered such a proviso as inadmissible anywhere.

MR. MADISON. Fourthly, the Southern States, being most in danger and most needing naval protection, could the less complain, if the burthen should be somewhat heaviest on them. And finally, we are not providing for the present moment only; and time will equalize the situation of the States in this matter. He was, for these reasons, against the motion.

MR. MERCER. It had been said the Southern States had most need of naval protection. The reverse was the case. Were it not for promoting the carrying trade of the Northern States, the Southern States could let the trade go into foreign bottoms, where it would not need our protection.--pp. 1339-40-41-42.

TUESDAY, August 21, 1787.

Articles 7, Section 3, was then resumed.

MR. d.i.c.kINSON moved to postpone this, in order to reconsider Article 4, Section 4, and to _limit_ the number of Representatives to be allowed to the large States. Unless this were done, the small States would be reduced to entire insignificance, and encouragement given to the importation of slaves.

MR. SHERMAN would agree to such a reconsideration; but did not see the necessity of postponing the section before the House. MR. d.i.c.kINSON withdrew his motion.

Article 7, Section 3, was then agreed to,--ten ayes; Delaware alone, no.--p. 1379.

Article 7, Section 4, was then taken up.

MR. LANGDON. By this section the States are left at liberty to tax exports. This could not be admitted. It seems to be feared that the Northern States will oppress the trade of the Southern. This may be guarded against, by requiring the concurrence of two-thirds, or three-fourths of the Legislature, in such cases.--p. 1382-3.

MR. MADISON. As to the fear of disproportionate burthens on the more exporting States, it might be remarked that it was agreed, on all hands, that the revenue would princ.i.p.ally be drawn from trade.--p.

1385.

COL. MASON--A majority, when interested, will oppress the minority.

If we compare the States in this point of view, the eight Northern States have an interest different from the five Southern States; and have, in one branch of the Legislature, thirty-six votes, against twenty-nine, and in the other in the proportion of eight against five.

The Southern States had therefore ground for their suspicions. The case of exports was not the same with that of imports.--pp. 1386-7.

MR. L. MARTIN proposed to vary Article 7, Section 4, so as to allow a prohibition or tax on the importation of slaves. In the first place, as five slaves are to be counted as three freemen, in the apportionment of Representatives, such a clause would leave an encouragement to this traffic. In the second place, slaves weakened one part of the Union, which the other parts were bound to protect; the privilege of importing them was therefore unreasonable. And in the third place, it was inconsistent with the principles of the Revolution, and dishonorable to the American character, to have such a feature in the Const.i.tution.

Mr. RUTLEDGE 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. Religion and humanity had nothing to do with this question. Interest alone is the governing principle with nations. The true question at present is, whether the Southern 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. PINCKNEY. 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 and watchfully excepted that of meddling with the importation of negroes. If the States be all left at liberty on this subject, South Carolina may perhaps, by degrees, do of herself what is wished, as Virginia and Maryland already have done.

Adjourned.--_pp_. 1388-9.

WEDNESDAY, August 22, 1787.

_In Convention_,--Article 7, Section 4, was resumed.