Volume I Part 60 (1/2)
”Mr. BUTLER declared, that he never would agree to the power of taxing exports.
”Mr. SHERMAN said it was better to let the Southern States import slaves than to part with them, if they made that a _sine qua non_. He was opposed to a tax on slaves imported, as making the matter worse, because it implied they were _property_. He acknowledged, that, if the power of prohibiting the importation should be given to the General Government, it would be exercised. He thought it would be its duty to exercise the power.
'Mr. READ was for the commitment, provided the clause concerning taxes on exports should also be committed.
”Mr. SHERMAN observed, that that clause had been agreed to, and therefore could not be committed.
”Mr. RANDOLPH was for committing, in order that some middle ground might, if possible, be found. He could never agree to the clause as it stands. He would sooner risk the Const.i.tution. He dwelt on the dilemma to which the Convention was exposed. By agreeing to the clause, it would revolt the Quakers, the Methodists, and many others in the States having no slaves. On the other hand, two States might be lost to the Union. Let us then, he said, try the chance of a commitment.”[631]
Three days later (Sat.u.r.day, Aug. 25) the debate on the subject was resumed, and the report of the committee of eleven was taken up. It was in the following words:--
”Strike out so much of the fourth section as was referred to the Committee, and insert 'The migration or importation of such persons as the several States, now existing, think proper to admit, shall not be prohibited by the Legislature prior to the year 1800; but a tax or duty may be imposed on such migration or importation, at a rate not exceeding the average of the duties laid on imports.'
”Gen. PINCKNEY moved to strike out the words 'the year eighteen hundred' as the year limiting the importation of slaves, and to insert the words 'the year eighteen hundred and eight.'
”Mr. GORHAM seconded the motion.
”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, ay,--7, New Jersey, Pennsylvania, Delaware, Virginia, no,--4.
”Mr. GOUVERNOUR MORRIS was for making the clause read at once,--
”'The importation of slaves into 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.
”Mr. 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._
”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, ay,--7; New Jersey, Pennsylvania, Delaware, Virginia, no,--4.”[632]