Part 239 (1/2)
Mr. SMITH (of S.C.) declared his intention of calling the yeas and nays, if gentlemen persisted in pressing the question.
Mr. CLYMER (of Penn.) hoped the motion would be withdrawn for the present, and the business taken up in course to-morrow; because, though he respected the memorialists, he also respected order and the situation of the members.
Mr. FITZSIMONS (of Penn.) did not recollect whether he moved or seconded the motion, but if he had, he should not withdraw it on account of the threat of calling the yeas and nays.
Mr. BALDWIN (of Ga.) hoped the business would be conducted with temper and moderation, and that gentlemen would concede and pa.s.s the subject over for a day at least.
Mr. SMITH (of S.C.) had no idea of holding out a threat to any gentleman. If the declaration of an intention to call the yeas and nays was viewed by gentlemen in that light, he would withdraw that call.
Mr. WHITE (of Va.) hereupon withdrew his motion. And the address was ordered to lie on the table.
FEBRUARY 12th, 1790.
The following memorial was presented and read:
”To the Senate and House of Representatives of the United States: The memorial of the Pennsylvania Society for promoting the abolition of slavery, the relief of free negroes unlawfully held in bondage, and the improvement of the condition of the African race, respectfully showeth: That from a regard for the happiness of mankind, an a.s.sociation was formed several years since in this State, by a number of her citizens, of various religious denominations, for promoting the abolition of slavery, and for the relief of those unlawfully held in bondage. A just and acute conception of the true principles of liberty, as it spread through the land, produced accessions to their numbers, many friends to their cause, and a legislative cooperation with their views, which, by the blessing of Divine Providence, have been successfully directed to the relieving from bondage a large number of their fellow creatures of the African race. They have also the satisfaction to observe, that, in consequence of that spirit of philanthropy and genuine liberty which is generally diffusing its beneficial influence, similar inst.i.tutions are forming at home and abroad. That mankind are all formed by the same Almighty Being, alike objects of his care, and equally designed for the enjoyment of happiness, the Christian religion teaches us to believe, and the political creed of Americans fully coincides with the position. Your memorialists, particularly engaged in attending to the distresses arising from slavery, believe it their indispensable duty to present this subject to your notice. They have observed with real satisfaction, that many important and salutary powers are vested in you for 'promoting the welfare and securing the blessings of liberty to the people of the United States;' and as they conceive, that these blessings ought rightfully to be administered without distinction of color, to all descriptions of people, so they indulge themselves in the pleasing expectation, that nothing which can be done for the relief of the unhappy objects of their care, will be either omitted or delayed. From a persuasion that equal liberty was originally the portion, and is still the birth-right of all men, and influenced by the strong ties of humanity and the principles of their inst.i.tution, your memorialists conceived themselves bound to use all justifiable endeavors to loosen the bands of slavery, and promote a general enjoyment of the blessings of freedom. Under these impressions, they earnestly entreat your serious attention to the subject of slavery; that you will be pleased to countenance the restoration of liberty to those unhappy men, who alone, in this land of freedom, are degraded into perpetual bondage, and who, amidst the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice towards this distressed race, and that you will step to the very verge of the power vested in you, for discouraging every species of traffic in the persons of our fellow-men.
”BENJAMIN FRANKLIN, _President._
”PHILADELPHIA, _February 3, 1790.”_
Mr. HARTLEY (of Penn.) then called up the memorial presented yesterday, from the annual meeting of Friends at Philadelphia, for a second reading; whereupon the same was read a second time, and moved to be committed.
Mr. TUCKER (of S.C.) was sorry the pet.i.tion had a second reading, as he conceived it contained an unconst.i.tutional request, and from that consideration he wished it thrown aside. He feared the commitment of it would be a very alarming circ.u.mstance to the Southern States; for if the object was to engage Congress in an unconst.i.tutional measure, it would be considered as an interference with their rights, the people would become very uneasy under the government, and lament that they ever put additional powers into their hands. He was surprised to see another memorial on the same subject, and that signed by a man who ought to have known the const.i.tution better. He thought it a mischievous attempt, as it respected the persons in whose favor it was intended. It would buoy them up with hopes, without a foundation, and as they could not reason on the subject, as more enlightened men would, they might be led to do what they would be punished for, and the owners of them, in their own defence, would be compelled to exercise over them a severity they were not accustomed to. Do these men expect a general emanc.i.p.ation of slaves by law? This would never be submitted to by the Southern States without a civil war. Do they mean to purchase their freedom? He believed their money would fall short of the price. But how is it they are more concerned in this business than others? Are they the only persons who possess religion and morality? If the people are not so exemplary, certainly they will admit the clergy are; why then do we not find them uniting in a body, praying us to adopt measures for the promotion of religion and piety, or any moral object? They know it would be an improper interference; and to say the best of this memorial, it is an act of imprudence, which he hoped would receive no countenance from the house.
Mr. SENEY (of Md.) denied that there was anything unconst.i.tutional in the memorial, at least, if there was, it had escaped his attention, and he should be obliged to the gentleman to point it out. Its only object was, that congress should exercise their const.i.tutional authority, to abate the horrors of slavery, as far as they could: Indeed, he considered that all altercation on the subject of commitment was at an end, as the house had impliedly determined yesterday that it should be committed.
Mr. BURKE (of S.C.) saw the disposition of the house, and he feared it would be referred to a committee, maugre all their opposition; but he must insist that it prayed for an unconst.i.tutional measure. Did it not desire congress to interfere and abolish the slave trade, while the const.i.tution expressly stipulated that congress should exercise no such power? He was certain the commitment would sound an alarm, and blow the trumpet of sedition in the Southern States. He was sorry to see the pet.i.tioners paid more attention to than the const.i.tution; however, he would do his duty, and oppose the business totally; and if it was referred to a committee, as mentioned yesterday, consisting of a member from each State, and he was appointed, he would decline serving.
Mr. SCOTT, (of Penn.) I can't entertain a doubt but the memorial is strictly agreeable to the const.i.tution: it respects a part of the duty particularly a.s.signed to us by that instrument, and I hope we may, be inclined to take it into consideration. We can, at present, lay our hands upon a small duty of ten dollars. I would take this, and if it is all we can do, we must be content. But I am sorry that the framers of the const.i.tution did not go farther and enable us to interdict it for good and all; for I look upon the slave-trade to be one of the most abominable things on earth; and if there was neither G.o.d nor devil, I should oppose it upon the principles of humanity and the law of nature. I cannot, for my part, conceive how any person can be said to acquire a property in another; is it by virtue of conquest? What are the rights of conquest? Some have dared to advance this monstrous principle, that the conqueror is absolute master of his conquest; that he may dispose of it as his property, and treat it as he pleases; but enough of those who reduce men to the state of transferable goods, or use them like beasts of burden; who deliver them up as the property or patrimony of another man. Let us argue on principles countenanced by reason and becoming humanity; the pet.i.tioners view the subject in a religious light, but I do not stand in need of religious motives to induce me to reprobate the traffic in human flesh; other considerations weigh with me to support the commitment of the memorial, and to support every const.i.tutional measure likely to bring about its total abolition. Perhaps, in our legislative capacity, we can go no further than to impose a duty of ten dollars, but I do not know how far I might go, if I was one of the judges of the United States, and those people were to come before me and claim their emanc.i.p.ation; but I am sure I would go as far as I could.
Mr. JACKSON (of Ga.) differed with the gentleman last up, and supposed the master had a qualified property in his slave; he said the contrary doctrine would go to the destruction of every species of personal service. The gentleman said he did not stand in need of religion to induce him to reprobate slavery, but if he is guided by that evidence, which the Christian system is founded upon, he will find that religion is not against it; he will see, from Genesis to Revelation, the current setting strong that way. There never was a government on the face of the earth, but what permitted slavery. The purest sons of freedom in the Grecian republics, the citizens of Athens and Lacedaemon all held slaves. On this principle the nations of Europe are a.s.sociated; it is the basis of the feudal system. But suppose all this to have been wrong, let me ask the gentleman, if it is policy to bring forward a business at this moment, likely to light up a flame of civil discord, for the people of the Southern States will resist one tyranny as soon as another; the other parts of the continent may bear them down by force of arms, but they will never suffer themselves to be divested of their property without a struggle. The gentleman says, if he was a federal judge, he does not know to what length he would go in emanc.i.p.ating these people; but, I believe his judgment would be of short duration in Georgia; perhaps even the existence of such a judge might be in danger.
Mr. SHERMAN (of Conn.) could see no difficulty in committing the memorial; because it was probable the committee would understand their business, and perhaps they might bring in such a report as would be satisfactory to gentlemen on both sides of the House.
Mr. BALDWIN (of Ga.) was sorry the subject had ever been brought before Congress, because it was of a delicate nature, as it respected some of the States. Gentlemen who had been present at the formation of this Const.i.tution, could not avoid the recollection of the pain and difficulty which the subject caused in that body; the members from the Southern States were so tender upon this point, that they had well nigh broken up without coming to any determination; however, from the extreme desire of preserving the Union, and obtaining an efficient government, they were induced mutually, to concede, and the Const.i.tution jealously guarded what they agreed to. If gentlemen look over the footsteps of that body, they will find the greatest degree of caution used to imprint them, so as not to be easily eradicated; but the moment we go to jostle on that ground, said he, I fear we shall feel it tremble under our feet. Congress have no power to interfere with the importation of slaves, beyond what is given in the 9th section of the first article of the Const.i.tution; every thing else is interdicted to them in the strongest terms. If we examine the Const.i.tution, we shall find the expressions, relative to this subject, cautiously expressed, and more punctiliously guarded than any other part. ”The migration or importation of such persons, shall not be prohibited by Congress.” But lest this should not have secured the object sufficiently, it is declared in the same section, ”That no capitation or direct tax shall be laid, unless in proportion to the census;” this was intended to prevent Congress from laying any special tax upon negro slaves, as they might, in this way, so burthen the possessors of them, as to induce a general emanc.i.p.ation. If we go on to the 5th article, we shall find the 1st and 5th clauses of the 9th section of the 1st article restrained from being altered before the year 1808.
Gentlemen have said, that this pet.i.tion does not pray for an abolition of the slave-trade; I think, sir, it prays for nothing else, and therefore we have no more to do with it, than if it prayed us to establish an order of n.o.bility, or a national religion.
Mr. SYLVESTER (of N.Y.) said that he had always been in the habit of respecting the society called Quakers; he respected them for their exertions in the cause of humanity, but he thought the present was not a time to enter into a consideration of the subject, especially as he conceived it to be a business in the province of the State legislatures.
Mr. LAWRANCE (of N.Y.) observed that the subject would undoubtedly come under the consideration of the house; and he thought, that as it was now before them, that the present time was as proper as any; he was therefore for committing the memorial; and when the prayer of it had been properly examined, they could see how far Congress may const.i.tutionally interfere; as they knew the limits of their power on this, as well as on every other occasion, there was no just apprehension to be entertained that they would go beyond them. Mr.
Smith (of S.C.) insisted that it was not in the power of the House to brunt the prayer of the pet.i.tion, which event to the total abolishment of the slave-trade, and it was therefore unnecessary to commit it. He observed, that in the Southern States, difficulties had arisen on adopting the Const.i.tution, inasmuch as it was apprehended, that Congress might take measures under it for abolis.h.i.+ng the slave-trade.
Perhaps the pet.i.tioners, when they applied to this House, did not think their object unconst.i.tutional, but now they are told that if is, they will be satisfied with the answer, and press it no further. If their object had been for Congress to lay a duty of ten dollars per head on the importation of slaves, they would have said so, but that does not appear to have been the case; the commitment of the pet.i.tion, on that ground, cannot be contended; if they will not be content with that, shall it be committed to investigate facts? The pet.i.tion speaks of none; for what purpose then shall it be committed? If gentlemen can a.s.sign no good reason for the measure, they will not support it, when they are told that it will create great jealousies and alarm in the Southern States; for I can a.s.sure them, that there is no point on which they are more jealous and suspicious, than on a business with which they think the government has nothing to do.
When we entered into this Confederacy, we did it from political, not from moral motives, and I do not think my const.i.tuents want to learn morals from the pet.i.tioners; I do not believe they want improvement in their moral system; if they do, they can get it at home.
The gentleman from Georgia, has justly stated the jealousy of the Southern States. On entering into this government, they apprehended that the other States, not knowing the necessity the citizens of the Southern States were under to hold this species of property, would, from motives of humanity and benevolence, be led to vote for a general emanc.i.p.ation; and had they not seen that the Const.i.tution provided against the effect of such a disposition, I may be bold to say, they never would have adopted it. And notwithstanding all the calumny's with which some gentlemen have viewed the subject, they will find, that the discussion alone will create great alarm. We have been told, that if the discussion will create alarm, we ought to have avoided it, by saying nothing; but it was not for that purpose that we were sent here; we look upon this measure as an attack upon the palladium of the property of our country; it is therefore our duty to oppose it by every means in our power. Gentlemen should consider that when we entered into a political connexion with the other States, that this property was there; it was acquired under a former government, conformably to the laws and Const.i.tution; therefore anything that will tend to deprive them of that property, must be an ex post facto law, and as such is forbid by our political compact.