Part 239 (2/2)
I said the States would never have entered into the confederation, unless their property had been guaranteed to them, for such is the state of agriculture in that county, that without slaves it must be depopulated. Why will these people then make use of arguments to induce the slave to turn his hand against his master? We labor under difficulties enough from the ravages of the late war. A gentleman can hardly come from that country, with a servant or two, either to this place or Philadelphia, but what there are persons trying to seduce his servants to leave him; and, when they have done this, the poor wretches are obliged to rob their master in order to obtain a subsistence; all those, therefore, who are concerned in this seduction, are accessaries to the robbery.
The reproaches which they cast upon the owners of negro property, is charging them with the want of humanity; I believe the proprietors are persons of as much humanity as any part of the continent and are as conspicuous for their good morals as their neighbors. It was said yesterday, that the Quakers were a society known to the laws, and the Const.i.tution, but they are no more so than other religious societies; they stood exactly in the same situation; their memorial, therefore, relates to a matter in which they are no more interested than any other sect, and can only be considered as a piece of advice; it is customary to refer a piece of advice to a committee, but if it is supposed to pray for what they think a moral purpose, is that sufficient to induce us to commit it? What may appear a moral virtue in their eyes, may not be so in reality. I have heard of a sect of Shaking Quakers, who, I presume, suppose their tenets of a moral tendency; I am informed one of them forbids to intermarry, yet in consequence of their shakings and concussions, you may see them with a numerous offspring about them. Now, if these people were to pet.i.tion Congress to pa.s.s a law prohibiting matrimony, I ask, would gentlemen agree to refer such a pet.i.tion? I think if they would reject one of that nature, as improper, they ought also to reject this.
Mr. PAGE (of Va.) was in favor of the commitment; he hoped that the designs of the respectable memorialists would not be stopped at the threshold, in order to preclude a fair discussion of the prayer of the memorial. He observed that gentlemen had founded their arguments upon a misrepresentation; for the object of the memorial was not declared to be the total abolition, of the slave trade; but that Congress would consider, whether it be not in reality within their power to exercise justice and mercy, which, if adhered to, they cannot doubt must produce the abolition of the slave trade. If then the prayer contained nothing unconst.i.tutional, he trusted the meritorious effort would not be frustrated. With respect to the alarm that was apprehended, he conjectured there was none; but there might be just cause, if the memorial was not taken into consideration. He placed himself in the case of a slave, and said, that on hearing that Congress had refused to listen to the decent suggestions of a respectable part of the community, he should infer, that the general government (from which was expected great good would result to every cla.s.s of citizens) had shut their ears against the voice of humanity, and he should despair of any alleviation of the miseries he and his posterity had in prospect; if anything could induce him to rebel, it must be a stroke like this, impressing on his mind all the horrors of despair. But if he was told, that application was made in his behalf and that Congress were willing to hear what could be urged in favor of discouraging the practice of importing his fellow-wretches, he would trust in their justice and humanity, and wait the decision patiently. He presumed that these unfortunate people would reason in the same way; and he, therefore, conceived the most likely way to prevent danger, was to commit the pet.i.tion. He lived in a State which had the misfortune of having in her bosom a great number of slaves, he held many of them himself, and was as much interested in the business, he believed, as any gentleman in South Carolina or Georgia, yet, if he was determined to hold them in eternal bondage, he should feel no uneasiness or alarm on account of the present measure, because he should rely upon the virtue of Congress, that they would not exercise any unconst.i.tutional authority.
Mr. MADISON (of Va.) The debate has taken a serious turn, and it will be owing to this alone if an alarm is created; for had the memorial been treated in the usual way, it would have been considered as a matter of course, and a report might have been made, so as to have given general satisfaction.
If there was the slightest tendency by the commitment to break in upon the Const.i.tution, he would object to it; but he did not see upon what ground such an event was to be apprehended. The pet.i.tion prayed, in general terms, for the interference of Congress, so far as they were const.i.tutionally authorized; but even if its prayer was, in some degree, unconst.i.tutional, it might be committed, as was the case on Mr. Churchman's pet.i.tion, one part of which was supposed to apply for an unconst.i.tutional interference by the general government.
He admitted that Congress was restricted by the Const.i.tution from taking measures to abolish the slave trade; yet there were a variety of ways by which they could countenance the abolition, and they might make some regulations respecting the introduction of them into the new States, to be formed out of the Western Territory, different from what they could in the old settled States. He thought the object well worthy of consideration.
Mr. GERRY (of Ma.s.s.) thought the interference of Congress fully compatible with the Const.i.tution, and could not help lamenting the miseries to which the natives of Africa were exposed by this inhuman commerce; and said that he never contemplated the subject, without reflecting what his own feelings would be, in case himself, his children, or friends, were placed in the same deplorable circ.u.mstances. He then adverted to the flagrant acts of cruelty which are committed in carrying on that traffic; and asked whether it can be supposed, that Congress has no power to prevent such transactions? He then referred to the Const.i.tution, and pointed out the restrictions laid on the general government respecting the importation of slaves.
It was not, he presumed, in the contemplation of any gentleman in this house to violate that part of the Const.i.tution; but that we have a right to regulate this business, is as clear as that we have any rights whatever; nor has the contrary been shown by any person who has spoken on the occasion. Congress can, agreeable to the Const.i.tution, lay a duty of ten dollars on imported slaves; they may do this immediately. He made a calculation of the value of the slaves in the Southern States, and supposed they might be worth ten millions of dollars; Congress have a right, if they see proper, to make a proposal to the Southern States to purchase the whole of them, and their resources in the Western Territory may furnish them with means. He did not intend to suggest a measure of this kind, he only instanced these particulars, to show that Congress certainly have a right to intermeddle in the business. He thought that no objection had been offered, of any force, to prevent the commitment of the memorial.
Mr. BOUDINOT (of N.J.) had carefully examined the pet.i.tion, and found nothing like what was complained of by gentlemen, contained in it; he, therefore, hoped they would withdraw their opposition, and suffer it to be committed.
Mr. SMITH (of S.C.) said, that as the pet.i.tioners had particularly prayed Congress to take measures for the annihilation of the slave trade, and that was admitted on all hands to be beyond their power, and as the pet.i.tioners would not be gratified by a tax of ten dollars per head, which was all that was within their power, there was, of consequence, no occasion for committing it.
Mr. STONE (of Md.) thought this memorial a thing of course; for there never was a society, of any considerable extent, which did not interfere with the concerns of other people, and this kind of interference, whenever it has happened, has never failed to deluge the country in blood: on this principle he was opposed to the commitment.
The question on the commitment being about to be put, the yeas and nays were called for, and are as follows:--
Yeas.--Messrs. Ames, Benson, Boudinot, Brown, Cadwallader, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Hartley, Hathorne, Heister, Huntington, Lawrance, Lee, Leonard, Livermore, Madison, Moore, Muhlenberg, Page, Parker, Partridge, Renssellaer, Schureman, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith of Maryland, Sturges, Thatcher, Trumbull, Wadsworth, White, and Wynkoop--93.
Noes.--Messrs. Baldwin, Bland, Bourke, Coles, Huger, Jackson, Mathews, Sylvester, Smith of S.C., Stone, and Tucker--11.
Whereupon it was determined in the affirmative; and on motion, the pet.i.tion of the Society of Friends, at New York, and the memorial from the Pennsylvania Society, for the abolition of slavery, were also referred to a committee.
_Debate on Committee's Report, March 1790._
ELIOT'S DEBATES.
Mr. TUCKER moved to modify the first paragraph by striking out all the words after the word opinion, and to insert the following: that the several memorials proposed to the consideration of this house, a subject on which its interference would be unconst.i.tutional, and even its deliberations highly injurious to some of the States in the Union.
Mr. JACKSON rose and observed, that he had been silent on the subject of the reports coming before the committee, because he wished the principles of the resolutions to be examined fairly, and to be decided on their true grounds. He was against the propositions generally, and would examine the policy, the justice and the use of them, and he hoped, if he could make them appear in the same light to others as they did to him by fair argument, that the gentlemen in opposition were not so determined in their opinions as not to give up their present sentiments.
With respect to the policy of the measure, the situation of the slaves here, their situation in their native States, and the disposal of them in case of emanc.i.p.ation, should be considered. That slavery was an evil habit, he did not mean to controvert; but that habit was already established, and there were peculiar situations in countries which rendered that habit necessary. Such situations the States of South Carolina and Georgia were in--large tracts of the most fertile lands on the continent remained uncultivated for the want of population. It was frequently advanced on the floor of Congress, how unhealthy those climates were, and how impossible it was for northern const.i.tutions to exist there. What, he asked, is to be done with this uncultivated territory? Is it to remain a waste? Is the rice trade to be banished from our coasts? Are Congress willing to deprive themselves of the revenue arising from that trade, and which is daily increasing, and to throw this great advantage into the hands of other countries?
Let us examine the use or the benefit of the resolutions contained in the report. I call upon gentlemen to give me one single instance in which they can be of service. They are of no use to Congress. The powers of that body are already defined, and those powers cannot be amended, confirmed or diminished by ten thousand resolutions. Is not the first proposition of the report fully contained in the Const.i.tution? Is not that the guide and rule of this legislature. A multiplicity of laws is reprobated in any society, and tend but to confound and perplex. How strange would a law appear which was to confirm a law; and how much more strange must it appear for this body to pa.s.s resolutions to confirm the Const.i.tution under which they sit!
This is the case with others of the resolutions.
A gentleman from Maryland (Mr. STONE,) very properly observed, that the Union had received the different States with all their ill habits about them. This was one of these habits established long before the Const.i.tution, and could not now be remedied. He begged Congress to reflect on the number on the continent who were opposed to this Const.i.tution, and on the number which yet remained in the Southern States. The violation of this compact they would seize on with avidity; they would make a handle of it to cover their designs against the government, and many good federalists, who would be injured by the measure, would be induced to join them: his heart was truly federal, and it always had been so, and he wished those designs frustrated. He begged Congress to beware before they went too far: he called on them to attend to the interests of two whole States, as well as to the memorials of a society of Quakers, who came forward to blow the trumpet of sedition, and to destroy that Const.i.tution which they had not in the least contributed by personal service or supply to establish.
He seconded Mr. TUCKER'S motion.
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