Part 236 (2/2)
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 a.s.sented to by twelve of the States. It may wound the delicacy of the gentleman from Guilford, (Mr.
GOUDY,) but I hope he will endeavor to accommodate his feelings to the interests and circ.u.mstances of his country.
Mr. JAMES GALLOWAY said, that he did not object to the representation of negroes, so much as he did to the fewness of the number of representatives. He was surprised how we came to have but five, including those intended to represent negroes. That in his humble opinion North Carolina was ent.i.tled to that number independent of the negroes.
First clause of the 9th section read.
Mr. J. M'DOWALL wished to hear the reasons of this restriction.
Mr. SPAIGHT answered that there was a contest between the Northern and Southern States--that the Southern States, whose princ.i.p.al support depended on the labor of slaves, would not consent to the desire of the Northern States to exclude the importation of slaves absolutely.
That South Carolina and Georgia insisted on this clause, as they were now in want of hands to cultivate their lands: That in the course of twenty years they would be fully supplied: That the trade would be abolished then, and that in the mean time some tax or duty might be laid on.
Mr. M'DOWALL replied, that the explanation was just such as he expected, and by no means satisfactory to him, and that he looked upon it as a very objectionable part of the system.
Mr. IREDELL. Mr. Chairman, I rise to express sentiments similar to those of the gentleman from Craven. For my part, were it practicable to put an end to the importation of slaves immediately, it would give me the greatest pleasure, for it certainly is a trade utterly inconsistent with the rights of humanity, and under which great cruelties have been exercised. When the entire abolition of slavery takes place, it will be an event which must be pleasing to every generous mind, and every friend of human nature; but we often wish for things which are not attainable. It was the wish of a great majority of the Convention to put an end to the trade immediately, but the States of South Carolina and Georgia would not agree to it. Consider then what would be the difference between our present situation in this respect, if we do not agree to the Const.i.tution, and what it will be if we do agree to it. If we do not agree to it, do we remedy the evil? No, sir, we do not; for if the Const.i.tution be not adopted, it will be in the power of every State to continue it forever. They may or may not abolish it at their discretion. But if we adopt the Const.i.tution, the trade must cease after twenty years, if Congress declare so, whether particular States please so or not: surely, then, we gain by it. This was the utmost that could be obtained. I heartily wish more could have been done. But as it is, this government is n.o.bly distinguished above others by that very provision. Where is there another country in which such a restriction prevails? We, therefore, sir, set an example of humanity by providing for the abolition of this inhuman traffic, though at a distant period. I hope, therefore, that this part of the Const.i.tution will not be condemned, because it has not stipulated for what it was impracticable to obtain.
Mr. SPAIGHT further explained the clause. That the limitation of this trade to the term of twenty years, was a compromise between the Eastern States and the Southern States. South Carolina and Georgia wished to extend the term. The Eastern States insisted on the entire abolition of the trade. That the State of North Carolina had not thought proper to pa.s.s any law prohibiting the importation of slaves, and therefore its delegation in the convention did not think themselves authorized to contend for an immediate prohibition of it.
Mr. IREDELL added to what he had said before, that the States of Georgia and South Carolina had lost a great many slaves during the war, and that they wished to supply the loss.
Mr. GALLOWAY. Mr. Chairman, the explanation given to this clause does not satisfy my mind. I wish to see this abominable trade put an end to. But in case it be thought proper to continue this abominable traffic for twenty years, yet I do not wish to see the tax on the importation extended to all persons whatsoever. Our situation is different from the people to the North. We want citizens; they do not.
Instead of laying a tax, we ought to a give a bounty, to encourage foreigners to come among us. With respect to the abolition of slavery, it requires the utmost consideration. The property of the Southern States consists princ.i.p.ally of slaves. If they mean to do away slavery altogether, this property will be destroyed. I apprehend it means to bring forward manumission. If we must manumit our slaves, what country shall we send them to? It is impossible for us to be happy if, after manumission, they are to stay among us.
Mr. IREDELL. Mr. Chairman, the worthy gentleman, I believe, has misunderstood this clause, which runs in the following words: ”The migration or importation of such persons as any of the States now existing, shall 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 for each person.”
Now, sir, observe that the Eastern States, who long ago have abolished slavery, did not approve of the expression _slaves_; they therefore used another that answered the same purpose. The committee will observe the distinction between the two words migration and importation. The first part of the clause will extend to persons who come into the country as free people, or are brought as slaves, but the last part extends to slaves only. The word _migration_ refers to free persons; but the word _importation_ refers to slaves, because free people cannot be said to be imported. The tax, therefore, is only to be laid on slaves who are imported, and not on free persons who migrate. I further beg leave to say, that the gentleman is mistaken in another thing. He seems to say that this extends to the abolition of slavery. Is there anything in this const.i.tution which says that Congress shall have it in their power to abolish the slavery of those slaves who are now in the country? Is it not the plain meaning of it, that after twenty years they may prevent the future importation of slaves? It does not extend to those now in the country. There is another circ.u.mstance to be observed. There is no authority vested in congress to restrain the States in the interval of twenty years, from doing what they please. If they wish to inhibit such importation, they may do so. Our next a.s.sembly may put an entire end to the importation of slaves.
Article fourth. The first section and two first clauses of the second section read without observation.
The last clause read--
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 would, 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 forth article read without observation.
Mr. IREDELL. It is however to be observed, that the first and forth clauses in the ninth section of the first article, are protected from any alteration until 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 re-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 in 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 jealously 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 to this, were liable to a capitation tax.
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