Volume III Part 102 (1/2)
TUESDAY, August 28, 1787.
Article 14, was then taken up.[5]
[Footnote 5: Article 14 was,--The citizens of each State shall be ent.i.tled to all privileges and immunities of citizens in the several States.--EDITOR.]
General PINCKNEY was not satisfied with it. He seemed to wish some provision should be included in favor of property in slaves.
On the question on Article 14,--New Hamps.h.i.+re, Ma.s.sachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye--9; South Carolina, no--1; Georgia, divided.
Article 15,[6] being then taken up, the words, ”high misdemeanor,”
were struck out, and the words, ”other crime,” inserted, in order to comprehend all proper cases; it being doubtful whether ”high misdemeanor” had not a technical meaning too limited.
[Footnote 6: Article 15 was,--Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.--EDITOR.]
Mr. BUTLER and Mr. PINCKNEY moved to require ”fugitive slaves and servants to be delivered up like criminals.”
Mr. WILSON. This would oblige the Executive of the State to do it, at the public expense.
Mr. SHERMAN saw no more propriety in the public seizing and surrendering a slave or servant, than a horse.
Mr. BUTLER withdrew his proposition, in order that some particular provision might be made, apart from this article.
Article 15, as amended, was then agreed to, _nem. con_.--_pp_. 1447-8.
WEDNESDAY, AUGUST 29, 1787.
Article 7, Section 6, by the Committee of Eleven reported to be struck out (see the twenty-fourth inst.) being now taken up,--
Mr. PINCKNEY moved to postpone the Report, in favor of the following proposition: ”That no act of the Legislature for the purpose of regulating the Commerce of the United States with foreign powers, among the several States, shall be pa.s.sed without the a.s.sent of two-thirds of the members of each House.” He remarked that there were five distinct commercial interests.
The power of regulating commerce was a pure concession on the part of the Southern States. They did not need the protection of the Northern States at present.--_p_. 1450.
General PINCKNEY said it was the true interest of the Southern States to have no regulation of commerce; but considering the loss brought on the commerce of the Eastern States by the Revolution, their liberal conduct towards the views[7] of South Carolina, and the interest the weak Southern States had in being united with the strong Eastern States, he thought it proper that no fetters should be imposed on the power of making commercial regulations, and that his const.i.tuents, though prejudiced against the Eastern States, would be reconciled to this liberality. He had, himself, he said, prejudices against the Eastern States before he came here, but would acknowledge that he had found them as liberal and candid as any men whatever.--_p_. 1451.
[Footnote 7: He meant the permission to import slaves. An understanding on the two subjects of _navigation_ and _slavery_, had taken place between those parts of the Union, which explains the vote of the motion depending, as well as the language of General Pinckney and others.]
Mr. PINCKNEY replied, that his enumeration meant the five minute interests. It still left the two great divisions of Northern and Southern interests.
Mr. GOUVERNEUR MORRIS opposed the object of the motion as highly injurious.--A navy was essential to security, particularly of the Southern States;--
Mr. WILLIAMSON. As to the weakness of the Southern States, he was not alarmed on that account. The sickliness of their climate for invaders would prevent their being made an object. He acknowledged that he did not think the motion requiring two-thirds necessary in itself; because if a majority of the Northern States should push their regulations too far, the Southern States would build s.h.i.+ps for themselves; but he knew the Southern people were apprehensive on this subject, and would be pleased with the precaution.
Mr. SPAIGHT was against the motion. The Southern States could at any time save themselves from oppression, by building s.h.i.+ps for their own use.--_p_. 1452.
Mr. BUTLER differed from those who considered the rejection of the motion as no concession on the part of the Southern States. He considered the interests of these and of the Eastern States to be as different as the interests of Russia and Turkey. Being, notwithstanding, desirous of conciliating the affections of the Eastern States, he should vote against requiring two-thirds instead of a majority.--_p_. 1453.
Mr. MADISON. He added, that the Southern States would derive an essential advantage, in the general security afforded by the increase of our maritime strength. He stated the vulnerable situation of them all, and of Virginia in particular.