Volume III Part 84 (2/2)

Mr. Madison. Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the American character, than to say nothing about it in the Const.i.tution.

On the motion, which pa.s.sed in the affirmative,--New Hamps.h.i.+re, Ma.s.sachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, aye--7; New Jersey, Pennsylvania, Delaware, Virginia, no--4.

Mr. Gouverneur Morris was for making the clause read at once, ”the importation of slaves in North Carolina, South Carolina, and Georgia, shall not be prohibited, &c.” This he said, would be most fair, and would avoid the ambiguity by which, under the power with regard to naturalization, the liberty reserved to the States might be defeated.

He wished it to be known, also, that this part of the Const.i.tution was a compliance with those States. If the change of language, however, should be objected to, by the members from those States, he should not urge it.

Col. Mason was not against using the term ”slaves,” but against naming North Carolina, South Carolina, and Georgia, lest it should give offence to the people of those States.

Mr. Sherman liked a description better than the terms proposed, which had been declined by the old Congress, and were not pleasing to some people.

M. Clymer concurred with Mr. Sherman.

Mr. Williamson said, that both in opinion and practice he was against slavery; but thought it more in favor of humanity, from a view of all circ.u.mstances, to let in South Carolina and Georgia on those terms, than to exclude them from the Union.

Mr. Gouverneur Morris withdrew his motion.

Mr. d.i.c.kinson wished the clause to be confined to the States which had not themselves prohibited the importation of slaves; and for that purpose moved to amend the clause, so as to read: ”The importation of slaves into such of the States as shall permit the same, shall not be prohibited by the Legislature of the United States, until the year 1808;” which was disagreed to, _nem. con._[5]

[Footnote 5: In the printed Journals, Connecticut, Virginia, and Georgia, voted in the affirmative.]

The first part of the Report was then agreed to, amended as follows: ”The migration or importation of such persons as the several States now existing shall think proper to admit, shall not be prohibited by the Legislature prior to the year 1808,”--

New Hamps.h.i.+re, Ma.s.sachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, aye--7; New Jersey, Pennsylvania, Delaware, Virginia, no--4.

Mr. Baldwin, in order to restrain and more explicitly define, ”the average duty,” moved to strike out of the second part the words, ”average of the duties and on imports,” and insert ”common impost on articles not enumerated;” which was agreed to, _nem. con._

Mr. Sherman was against this second part, as acknowledging men to be property, by taxing them as such under the character of slaves.

Mr. King and Mr. Langdon considered this as the price of the first part.

Gen. Pinckney admitted that it was so.

Col. Mason. Not to tax, will be equivalent to a bounty on, the importation of slaves.

Mr. Gorham thought that Mr. Sherman should consider the duty, not as implying that slaves are property, but as a discouragement to the importation of them.

Mr. Gouverneur Morris remarked, that, as the clause now stands, it implies that the Legislature may tax freemen imported.

Mr. Sherman, in answer to Mr. Gorham, observed, that the smallness of the duty showed revenue to be the object, not the discouragement of the importation.

Mr. Madison thought it wrong to admit in the Const.i.tution the idea that there could be property in men. The reason of duties did not hold, as slaves are not, like merchandise, consumed, &c.

Col. Mason, in answer to Mr. Gouverneur Morris. The provision as it stands, was necessary for the case of convicts; in order to prevent the introduction of them.

It was finally agreed, _nem. con_., to make the clause read: ”but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person;” and then the second part, as amended, was agreed to. _pp_. 1427 to 30.

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