Volume III Part 109 (1/2)
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.
Mr. SMITH (of S.C.) said, the gentlemen from Ma.s.sachusetts, (Mr.
GERRY,) had declared that it was the opinion of the select committee, of which he was a member, that the memorial of the Pennsylvania society, required Congress to violate the Const.i.tution. It was not less astonis.h.i.+ng to see Dr. FRANKLIN taking the lead in a business which looks so much like a persecution of the Southern inhabitants, when he recollected the parable he had written some time ago, with a view of showing the impropriety of one set of men persecuting others for a difference of opinion. The parable was to this effect: an old traveller, hungry and weary, applied to the patriarch Abraham for a night's lodging. In conversation, Abraham discovered that the stranger differed with him on religious points, and turned him out of doors. In the night G.o.d appeared unto Abraham, and said, where is the stranger?
Abraham answered, I found that he did not wors.h.i.+p the true G.o.d, and so I turned him out of doors. The Almighty thus rebuked the patriarch: Have I borne with him three-score and ten years, and couldst thou not bear with him one night? Has the Almighty, said Mr. SMITH, borne with us for more than three-score years and ten: he has even made our country opulent, and shed the blessings of affluence and prosperity on our land, notwithstanding all its slaves, and must we now be ruined on account of the tender consciences of a few scrupulous individuals who differ from us on this point?
Mr. BOUDINOT agreed with the general doctrines of Mr. S., but could not agree that the clause in the Const.i.tution relating to the want of power in Congress to prohibit the importation of such persons as any of the States, _now existing_, shall think proper to admit, prior to the year 1808, and authorizing a tax or duty on such importation not exceeding ten dollars for each person, did not extend to negro slaves.
Candor required that he should acknowledge that this was the express design of the Const.i.tution, and therefore Congress could not interfere in prohibiting the importation or promoting the emanc.i.p.ation of them, prior to that period. Mr. BOUDINOT observed, that he was well informed that the tax or duty of ten dollars was provided, instead of the five per cent ad valorem, and was so expressly understood by all parties in the Convention; that therefore it was the interest and duty of Congress to impose this tax, or it would not be doing justice to the States, or equalizing the duties throughout the Union. If this was not done, merchants might bring their whole capitals into this branch of trade, and save paying any duties whatever. Mr. BOUDINOT observed, that the gentleman had overlooked the prophecy of St. Peter, where he foretells that among other d.a.m.nable heresies, ”Through covetousness shall they with feigned words make merchandize of you.”
[NOTE.--This pet.i.tion, with others of a similar object, was committed to a select committee; that committee made a report; the report was referred to a committee of the whole House, and discussed on four successive days; it was then reported to the House with amendments, and by the House ordered to be inscribed in its Journals, and then laid on the table.
That report, as amended in committee, is in the following words:
The committee to whom were referred sundry memorials from the people called Quakers, and also a memorial from the Pennsylvania Society for promoting the abolition of slavery, submit the following report, (as amended in committee of the whole.)
”First: That the migration or importation of such persons as any of the States now existing shall think proper to admit, cannot be prohibited by Congress prior to the year 1808.”
”Secondly: That Congress have no power to interfere in the emanc.i.p.ation of slaves, or in the treatment of them, within any of the States; it remaining with the several States alone to provide any regulations therein which humanity and true policy may require.”
”Thirdly: That Congress have authority to restrain the citizens of the United States from carrying on the African Slave trade, for the purpose of supplying foreigners with slaves, and of providing by proper regulations for the humane treatment, during their pa.s.sage, of slaves imported by the said citizens into the States admitting such importations.”
”Fourthly: That Congress have also authority to prohibit foreigners from fitting out vessels in any part of the United States for transporting persons from Africa to any foreign port.”]
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