The Anti-Slavery Examiner, Part 3 of 4 · Chapter 56The Constitution (3)
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Mr. Rutledge. If the Convention thinks that North Carolina, South Carolina, and Georgia, will ever agree to the plan, unless their right to import slaves be untouched, the expectation is vain. The people of those States will never be such fools, as to give up so important an interest. He was strenuous against striking out the section, and seconded the motion of Gen. Pinckney for a commitment.
Mr. Gouverneur Morris wished the whole subject to be committed including the clauses relating to taxes on exports and to a navigation act. These things may form a bargain among the Northern and Southern States.
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, that 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 experts 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 Constitution. 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.
On the question for committing the remaining part of Sections 4 and 5, of Article 7,—Connecticut, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye—7; New Hampshire, Pennsylvania, Delaware, no—3; Massachusetts absent. p. 1390-97. Friday, August 24, 1787.
In Convention,—Governor Livingston, from the committee of eleven, to whom were referred the two remaining clauses of the fourth section, and the fifth and sixth sections, of the seventh Article, delivered in the following Report:
"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, shall 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.'
"The fifth Section to remain as in the Report.
"The sixth Section[4] to be stricken out." p. 1415.
[Footnote 4: This sixth Section was, "No Navigation act shall be passed without the assent of two-thirds of the members present in each House."—EDITOR.]
Saturday, August 25, 1787.
The Report of the Committee of eleven (see Friday, the twenty-fourth) being taken up,—
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 Constitution.
On the motion, which passed in the affirmative,—New Hampshire, Massachusetts, 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 Constitution 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 circumstances, to let in South Carolina and Georgia on those terms, than to exclude them from the Union.
Mr. Gouverneur Morris withdrew his motion.
Mr. Dickinson 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 Hampshire, Massachusetts, 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 Constitution 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.
Tuesday, August 28, 1787.
Article 14, was then taken up.
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 Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye—9; South Carolina, no—1; Georgia, divided.
Article 15, 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.
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.
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[6] 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 constituents, 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 6: 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 on the motion depending, as well as the language of General Pinckney and others.]
Mr. Butler moved to insert after Article 15, "If any person bound to service or labor in any of the United States, shall escape into another State, he or she shall not be discharged from such service or labor, in consequence of any regulations subsisting in the State to which they escape, but shall be delivered up to the person justly claiming their service or labor,"—which was agreed to, nem. con. p. 1456.
Monday, September 10, 1787.
Mr. Rutledge said he never could agree to give a power by which the articles relating to slaves might be altered by the States not interested in that property, and prejudiced against it. In order to obviate this objection, these words were added to the proposition: "provided that no amendments, which may be made prior to the year 1808 shall in any manner affect the fourth and fifth sections of the seventh Article." p. 1536.
Thursday, September 13, 1787.
Article 1, Section 2. On motion of Mr. Randolph, the word "servitude" was struck out, and "service" unanimously[7] inserted, the former being thought to express the condition of slaves, and the latter the obligations of free persons.
[Footnote 7: See page 372 of the printed journal.]
Mr. Dickinson and Mr. Wilson moved to strike out, "and direct taxes," from Article 1, Section 2, as improperly placed in a clause relating merely to the Constitution of the House of Representatives.
Mr. Gouverneur Morris. The insertion here was in consequence of what had passed on this point; in order to exclude the appearance of counting the negroes in the representation. The including of them may now be referred to the object of direct taxes, and incidentally only to that representation.
On the motion to strike out, "and direct taxes," from this place,—New Jersey, Delaware, Maryland, aye—3; New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no—8. pp. 1569-70.
Saturday, September 15, 1787.
Article 4, Section 2, (the third paragraph,) the term "legally" was struck out; and the words, "under the laws thereof," inserted after the word "State," in compliance with the wish of some who thought the term legal equivocal, and favoring the idea that slavery was legal in a moral view. p. 1589.
Mr. Gerry stated the objections which determined him to withhold his name from the Constitution: 1—2—3—4—5—6, that three fifths of the blacks are to be represented, as if they were freemen. p. 1595.
LIST OF MEMBERS
OF THE FEDERAL CONVENTION WHO FORMED THE CONSTITUTION OF THE UNITED STATES.
From Attended. New Hampshire, 1 John Langdon, July 23, 1787. John Pickering, 2 Nicholas Gilman, " 23. Benjamin West. Massachusetts, Francis Dana, Elbridge Gerry, May 29. 3 Nath'l Gorham, " 25. 4 Rufus King, " 25. Caleb Strong, " 28. Rhode Island, (No appointment.) Connecticut, 5 W.S. Johnson, June 2. 6 Roger Sherman, May 30. Oliver Ellsworth, " 29. New York, Robert Yates, " 25. 7 Alex'r Hamilton, " 25. John Lansing, June 2. New Jersey, 8 Wm. Livingston, " 5. 9 David Brearly, May 5. Wm. C. Houston, do. 10 Wm. Patterson, do. John Nielson, Abraham Clark. 11 Jonathan Dayton, June 21. Pennsylvania, 12 Benj. Franklin, May 28. 13 Thos. Miffin, do. Pennsylvania. 14 Robert Morris, May 25. 15 Gen. Clymer, " 28. 16 Thos. Fitzsimmons, " 25. 17 Jared Ingersoll, " 28. 18 James Wilson, " 25. 19 Gouv'r Morris, " 25. Delaware, 20 Geo. Reed, " 25. 21 G. Bedford, Jr. " 28. 22 John Dickinson, " 28. 23 Richard Bassett, " 25. 24 Jacob Broom, " 25. Maryland, 25 James M'Henry, " 29. 26 Daniel of St. Tho. Jenifer, June 2. 27 Daniel Carroll, July 9. John F. Mercer, Aug. 6. Luther Martin, June 9. Virginia, 28 G. Washington, May 25. Patrick Henry, (declined.) Edmund Randolph, " 25. 29 John Blair, " 25. 30 Jas. Madison, Jr. " 25. George Mason, " 25. George Wythe, " 25. James McClurg, (in room P. Henry) " 25. North Carolina, Rich'd Caswell (resigned). Alex'r Martin, May 25. Wm. R. Davie, " 25. 31 Wm. Blount (in room of R. Caswell), June 20. Willie Jones (declined). 32 R. D. Spaight, May 25. 33 Hugh Williamson, (in room of W. Jones,) May 25. South Carolina, 34 John Rutledge, " 25. 35 Chas. C. Pinckney, " 25. 36 Chas. Pinckney, " 25. 37 Peirce Butler, " 25. Georgia, 38 William Few, " 25. 39 Abr'm Baldwin, June 11. William Pierce, May 31. George Walton. Wm. Houston, June 1. Nath'l Pendleton.
Those with numbers before their names signed the Constitution. 39 Those in italics never attended. 10 Members who attended, but did not sign the Constitution, 16 — 65
Extract from a Speech of Luther Martin, (delivered before the Legislature of Maryland,) one of the delegates from Maryland to the Convention that formed the Constitution of the United States.
With respect to that part of the second section of the first Article, which relates to the apportionment of representation and direct taxation, there were considerable objections made to it, besides the great objection of inequality—It was urged, that no principle could justify taking slaves into computation in apportioning the number of representatives a state should have in the government—That it involved the absurdity of increasing the power of a state in making laws for free men in proportion as that State violated the rights of freedom—That it might be proper to take slaves into consideration, when taxes were to be apportioned, because it had a tendency to discourage slavery; but to take them into account in giving representation tended to encourage the slave trade, and to make it the interest of the states to continue that infamous traffic—That slaves could not be taken into account as men, or citizens, because they were not admitted to the rights of citizens, in the states which adopted or continued slavery—If they were to be taken into account as property, it was asked, what peculiar circumstance should render this property (of all others the most odious in its nature) entitled to the high privilege of conferring consequence and power in the government to its possessors, rather than any other property: and why slaves should, as property, be taken into account rather than horses, cattle, mules, or any other species; and it was observed by an honorable member from Massachusetts, that he considered it as dishonorable and humiliating to enter into compact with the slaves of the southern states, as it would with the horses and mules of the eastern.
By the ninth section of this Article, the importation of such persons as any of the States now existing, shall think proper to admit, shall not be prohibited prior to the year 1808, but a duty may be imposed on such importation, not exceeding ten dollars for each person.
The design of this clause is to prevent the general government from prohibiting the importation of slaves; but the same reasons which caused them to strike out the word "national," and not admit the word "stamps," influenced them here to guard against the word "slaves." They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the expression signified; and hence it is that the clause is so worded as really to authorize the general government to impose a duty of ten dollars on every foreigner who comes into a State to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves.
This clause was the subject of a great diversity of sentiment in the Convention. As the system was reported by the committee of detail, the provision was general, that such importation should not be prohibited, without confining it to any particular period. This was rejected by eight States—Georgia, South Carolina, and, I think, North Carolina, voting for it.
We were then told by the delegates of the two first of those states, that their states would never agree to a system, which put it in the power of the general government to prevent the importation of slaves, and that they, as delegates from those states, must withhold their assent from such a system.
A committee of one member from each State was chosen by ballot, to take this part of the system under their consideration, and to endeavor to agree upon some report, which should reconcile those States. To this committee also was referred the following proposition, which had been reported by the committee of detail, to wit: "No navigation act shall be passed without the assent of two-thirds of the members present in each house;" a proposition which the staple and commercial States were solicitous to retain, lest their commerce should be placed too much under the power of the Eastern States; but which these last States were as anxious to reject. This committee, of which also I had the honor to be a member, met and took under their consideration the subjects committed to them. I found the eastern States, notwithstanding their aversion to slavery, were very willing to indulge the southern States, at least with a temporary liberty to prosecute the slave trade, provided the southern states would in their turn gratify them, by laying no restriction on navigation acts; and after a very little time, the committee, by a great majority, agreed on a report, by which the general government was to be prohibited from preventing the importation of slaves for a limited time, and the restricted clause relative to navigation acts was to be omitted.
This report was adopted by a majority of the Convention, but not without considerable opposition.
It was said, we had just assumed a place among independent nations in consequence of our opposition to the attempts of Great Britain to enslave us; that this opposition was grounded upon the preservation of those, rights to which God and nature had entitled us, not in particular, but in common with all the rest of mankind; that we had appealed to the Supreme Being for his assistance, as the God of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his creatures; that now, when we had scarcely risen from our knees, from supplicating his mercy and protection in forming our government over a free people, a government formed pretendedly on the principles of liberty, and for its preservation,—in that government to have a provision not only putting it out of its power to restrain and prevent the slave trade, even encouraging that most infamous traffic, by giving the States the power and influence in the Union in proportion as they cruelly and wantonly sported with the rights of their fellow-creatures, ought to be considered as a solemn mockery of, and an insult to, that God whose protection we had then implored, and could not fail to hold us up in detestation, and render us contemptible to every true friend of liberty in the world. It was said, it ought to be considered that national crimes can only be, and frequently are, punished in this world by national punishments; and that the continuance of the slave trade, and thus giving it a national sanction, and encouragement, ought to be considered as justly exposing us to the displeasure and vengeance of him who is equally Lord of all, and who views with equal eye the poor African slave and his American master!
It was urged that by this system, we were giving the general government full and absolute power to regulate commerce, under which general power it would have a right to restrain, or totally prohibit, the slave trade: it must, therefore, appear to the world absurd and disgraceful to the last degree, that we should except from the exercise of that power, the only branch of commerce which is unjustifiable in its nature, and contrary to the rights of mankind. That, on the contrary, we ought rather to prohibit expressly in our Constitution, the further importation of slaves, and to authorize the general government, from time to time, to make such regulations as should be thought most advantageous for the gradual abolition of slavery, and the emancipation of the slaves which are already in the States. That slavery is inconsistent with the genius of republicanism and has a tendency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates us to tyranny and oppression. It was further urged, that, by this system of government, every State is to be protected both from foreign invasion and from domestic insurrections; from this consideration, it was of the utmost importance it should have a power to restrain the importation of slaves, since, in proportion as the number of slaves are increased in any State, in the same proportion the State is weakened and exposed to foreign invasion or domestic insurrection, and by so much less will it be able to protect itself against either, and therefore will by so the much want aid from, and be a burden to, the Union.
It was further said, that, as in this system we were giving the general government a power, under the idea of national character, or national interest, to regulate even our weights and measures, and have prohibited all possibility of emitting paper money, and passing insolvent laws, &c., it must appear still more extraordinary, that we should prohibit the government from interfering with the slave trade, than which nothing could so materially affect both our national honor and interest.
These reasons influenced me, both on the committee and in convention, most decidedly to oppose and vote against the clause, as it now makes part of the system.
You will perceive, sir, not only that the general government is prohibited from interfering in the slave-trade before the year eighteen hundred and eight, but that there is no provision in the Constitution that it shall afterwards be prohibited, nor any security that such prohibition will ever take place; and I think there is great reason to believe, that, if the importation of slaves is permitted until the year eighteen hundred and eight, it will not be prohibited afterwards. At this time, we do not generally hold this commerce in so great abhorrence as we have done. When our liberties were at stake, we warmly felt for the common rights of men. The danger being thought to be past, which threatened ourselves, we are daily growing more insensible to those rights. In those States which have restrained or prohibited the importation of slaves, it is only done by legislative acts, which may be repealed. When those States find that they must, in their national character and connexion, suffer in the disgrace, and share in the inconveniences attendant upon that detestable and iniquitous traffic, they may be desirous also to share in the benefits arising from it; and the odium attending it will be greatly effaced by the sanction which is given to it in the general government.
By the next paragraph, the general government is to have a power of suspending the habeas corpus act, in cases of rebellion or invasion.
As the State governments have a power of suspending the habeas corpus act in those cases, it was said, there could be no reason for giving such a power to the general government; since, whenever the State which is invaded, or in which an insurrection takes place, finds its safety requires it, it will make use of that power. And it was urged, that if we gave this power to the general government, it would be an engine of oppression in its hands; since whenever a State should oppose its views, however arbitrary and unconstitutional, and refuse submission to them, the general government may declare it to be an act of rebellion, and, suspending the habeas corpus act, may seize upon the persons of those advocates of freedom, who have had virtue and resolution enough to excite the opposition, and may imprison them during its pleasure in the remotest part of the Union; so that a citizen of Georgia might be bastiled in the furthest part of New Hampshire; or a citizen of New Hampshire in the furthest extreme of the South, cut off from their family, their friends, and their every connexion. These considerations induced me, sir, to give my negative also to this clause.
EXTRACTS FROM DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE UNITED STATES' CONSTITUTION.
MASSACHUSETTS CONVENTION.
The third paragraph of the 2d section being read,
Mr. King rose to explain it. There has, says he, been much misconception of this section. It is a principle of this Constitution, that representation and taxation should go hand in hand. This paragraph states, that the numbers of free persons shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. These persons are the slaves. By this rule is representation and taxation to be apportioned. And it was adopted, because it was the language of all America.
Mr. Widgery asked, if a boy of six years of age was to be considered as a free person?
Mr. King in answer said, all persons born free were to be considered as freemen; and to make the idea of taxation by numbers more intelligible, said that five negro children of South Carolina, are to pay as much tax as the three Governors of New Hampshire, Massachusetts, and Connecticut.
Mr. Gorham thought the proposed section much in favor of Massachusetts; and if it operated against any state, it was Pennsylvania, because they have more white persons bound than any other.
Judge Dana, in reply to the remark of some gentlemen, that the southern States were favored in this mode of apportionment, by having five of their negroes set against three persons in the eastern, the honorable judge observed, that the negroes of the southern States work no longer than when the eye of the driver is on them. Can, asked he, that land flourish like this, which is cultivated by the hands of freemen? Are not three of these independent freemen of more real advantage to a State, than five of those poor slaves?
Mr. Nasson remarked on the statement of the honorable Mr. King, by saying that the honorable gentleman should have gone further, and shown us the other side of the question. It is a good rule that works both ways—and the gentlemen should also have told us, that three of our infants in the cradle, are to be rated as high as five of the working negroes of Virginia. Mr. N. adverted to a statement of Mr. King, who had said, that five negro children of South Carolina were equally rateable as three governors of New England, and wished, he said, the honorable gentleman had considered this question upon the other side—as it would then appear that this State will pay as great a tax for three children in the cradle, as any of the southern States will for five hearty working negro men. He hoped, he said, while we were making a new government, we should make it better than the old one: for if we had made a bad bargain before, as had been hinted, it was a reason why we should make a better one now.
Mr. Dawes said, he was sorry to hear so many objections raised against the paragraph under consideration. He thought them wholly unfounded; that the black inhabitants of the southern States must be considered either as slaves, and as so much property, or in the character of so many freemen; if the former, why should they not be wholly represented? Our own State laws and Constitution would lead us to consider those blacks as freemen, and so indeed would our own ideas of natural justice: if, then, they are freemen, they might form an equal basis for representation as though they were all white inhabitants. In either view, therefore, he could not see that the northern States would suffer, but directly to the contrary. He thought, however, that gentlemen would do well to connect the passage in dispute with another article in the Constitution, that permits Congress, in the year 1808, wholly to prohibit the importation of slaves, and in the mean time to impose a duty of ten dollars a head on such blacks as should be imported before that period. Besides, by the new Constitution, every particular State is left to its own option totally to prohibit the introduction of slaves into its own territories. What could the convention do more? The members of the southern States, like ourselves, have their prejudices. It would not do to abolish slavery, by an act of Congress, in a moment, and so destroy what our southern brethren consider as property. But we may say, that although slavery is not smitten by an apoplexy, yet it has received a mortal wound and will die of a consumption.