Yale University Library 111

THE ANTI-SLAVERY EXAMINER. - NO. XI.

CONSTITUTION

A PRO-SLAVERT COMPACT:
'' ' \ •
, ^ OR
SELECTIONS

THE MADISON PAPERS, &c.

SECOND EDlTIOK, ESLARQED.

Wt^nofill Tl^ilUp^

' NEW YORK:
. -AMERICAN ANTI-SLAVERY SOCIETY,
142 Nassau Street.
1845.

Printed by Andrews, Prentiss & Studlej,
il DeVonsIiire Street, Boston.

CONTENTS.

Fags
iHTROnnOTION, ......._.. 5
Debates in the Congress of the Confederation, .... H
Debates in the Federaf Convention, ....... Ig
List of Members of the Federal Convention, ..... 41
Speech of Luther Martin, ........ 43
DEBATES IN STATE CONVENTIONS.
Massachusetts, .......... 47
New York, -....-...'..- 51
Pennsylvjinia, .>. . . . . . . . . 54
Virginia, - -•. . . . . ... . . 56
North Carolina, ......... f. 65
South Carolina, - - - - - . -,- -,- 69
Extracts from the Federalist, ........ 73
Debates in First Congress, ........ 75
Address of the Executive Committee of the American Anti-SIaveiy
Society, -- -¦- - . - - - - - .101
Letter firom Francis Jackson to Got. Briggs, ..... 120
Extract from Mr. Webster's Speech, ...... 127
Extracts from J. Q,. Adams's Address, November, 1844, . ' - 127

INTRODUCTION.

EvEKY one knows that the " Madison Papers " contain a Report,
from the pen of James Madison, of the Debates in the Old Con
gress bf the Confederation and in the Convention which formed
the Constitution of the United States. We have extracted from
them; in these pages, all the Debates on those clauses of the Con
stitution which relate to slavery. To these we have added all that
is found, on the same topic, in the Debates of the several State
Conventions which ratified the Constitution : together with so
much of the Speech of Luther Martin before the Legislature of
Maryland, and of the Federalist, as relate to our subject ; with
some extracts, also, from the Debates of the first Federal Congress
on Slavery. These are all printed without alteration, except that,
in some instances, we have inserted in brackets, after the name of
a speaker, the came of the State from which he came. The notes
and italics are those of the original, but the editor has added two
notes on page 38, which are marked as his, and we have taken the
liberty of .printing in capitals one sentiment of Rufus King's, and
two of James Madison's — a distinction which the importance of
the statements seemed to deraand — otherwise we have reprinted
exactly from the originals. - ,;
' "These extracts develop most clearly all the details of that " com
promise," which was made between freedora and slavery, in 1787;
granting to the slaveholder distinct privileges and protection for his
slave property, in return for certain commercial concessions on his
j)art toward the North. They prove also that the Nation at lar^e
1*

»1 INTRODUCTIO.N'.
were fully aware of this bargain at the time, and entered into it
willingly and with open ey^
We have added the late "Address of the American Anti-Slavery
Society," and the Letter of Francis Jackson to Governor Briggs,
resigning his commission of Justice of the Peace — as bold and
honorable protests against the guilt and infamy of this National
bargain, and as proving most clearly the duty of each individual to
trample it under his feet.
The clauses of the Constitution to which we refer as of a pro-
slavery character are the following : —
Akt. 1, Sect. 2. — Representatives and direct taxes shall be apportioned
among the several States, which may be included within this Union, accord
ing to their respective numbers, which shall be determined by adding to the
whole number of free persons, including those bound to service for a term of
ydars, and excluding Indians not taxed, tkrtfi^fihs of all other persons^.

Art. 1, Sect. 8. — Congress shall have power . . . to suppress in->^
surrections. Art. 1, Sect. 9. — The migration or importation of such persons as any
of the States now existing, shall think proper to admit, shall not be prohibit
ed by the Congress, prior to the year one thousand eight hundred and eight ^
but a tax or duty may be imposed on such importation, not exceeding ten
- dollars for each person.
Art. 4, Sect. 2. — No person, held to service or labor in one State, under
the laws thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor ; but shall be
delivered up on claim of the party to whom such service or labor may be' **
due. Art.,4, Sect. 4. — The UnitedStates shall guarantee to every State in
this Union a republican form of government ; and shall protect each of them
against invasion ; and, on application of the legislature, or of the executive,
(when the legislature cannot be convened) against domestic violence.
¦¦ The first of these clauses, relating to representation, confers on
a slaveholding community additional political power for every slave
held among them, and thus tempts them to continue to uphold the
system : the second and the last, relating to insurrection and do
mestic violence, perfectly innocent in themselves — yet being made
with the fact directly in view that slavery exists among us, do de
liberately pledge the whole national force against the unhappy
slave if he imitate our fathers and resist oppression — thus making

INTRODUCTION.

us partners in the guilt of sustaining slavery : the third, relating to
the slave-trade, disgraces the nation by a pledge not to abolish that
traffic till after twenty years, ¦without obliging Congress to do so
even then, and thus the slave-trade may be legalized to-morrow if
Congress choose : the fourth is a promise on the part of the whole
Nation to return fugitive slaves to their masters, a deed which
God's law expressly condemns and which every noble feeling ofour
nature repudiates with loathing and contempt.
These are the articles of the " Compromise," so much talked of,
between the North and South.
We do not produce the extracts which make up these pages to ¦
shovy what is the meaning of the clauses above cited. For no man
or party, i)f any authority in such matters, has ever pretended to
doubt to what subject they all relate. If indeed they were ambigu- .
ous in their terms, a resort to the history of those times would set
the matter at rest forever. A few persons, to be sure, of late years,
to serve the purposes of a party, have tried to prove that the Con
stitution makes no compromise with slavery. Notwithstanding the
clear light of history ; — -, the unanimous decision of all the courts
in the land, both State and Federal ; — the action of Congress and
the State Legislature; — the constant practice of the Executive in
all its branches ; — and the deliberate acquiescence of the whole
people for half a century, still they contend that the Nation does
not know its own meaning, and that the Constitution does not tole
rate slavery ! Every candid mind, however, must acknowledge ,
that the language of the Constitution is clear and explicit.
Its terms are so broad, it is said, that they include many others
beside slavSs, and hence it is wisely (!) inferred that they cannot
include the slaves themselves ! Many persons besides slaves in this
country doubtless are " held to service and labor under the laws of
the States," but that does not at all show that slaves are not " held
to service ; " many persons beside the slaves may take part " in
insurrections," but that does not prove that when the slaves rise
the National Goyernmetit is not bound to put them down by force.
Such a thing has been heard of before as one description includina

Vlll INTRODUCTION.
a great variety of persons, — and this is the case in the present in
stance. '
But granting that the terms of the Constitution are ambiguous —
that they are susceptible of two meanings, if the unanimous, con
current, unbroken practice of every department of the Government,
judicial, legislative, and executive, and the acquiescence of the
whole people for fifty years do not prove which is the true construc
tion, then how and where can such a question ever be settled ? If
the people and the Courts of the land do not know what they them
selves mean, who has authority to settle their meaning for them ?
If then the people and the Courts of a country are to be allowed
to determine what their own laws mean, it follows that at this time
and for the last half century, the Constitution of the United States
has been, and still is, a pro-slavery instrument, and that any one
who swears to support it, swears" to do pro-slavery acts, and violates
his duty both as a man and an abolitionist. What the Constitution
may become a century hence, we know not ; we speak of it as it is,
and repudiate it as it is.
But the purpose, for which we have thrown these pages before
the community, is this. Some men, finding the nation unanimously
deciding that the Constitution tolerates slavery, have tried to prove
that this false construction, as they think it, has been foisted in
to the instrument by the corrupting influence of slavery itself,
tainting all it touches. They assert that the known anti-slavery
spirit of revolutionary times never could have consented to so infa-
Jinous a bargain as the Constitution is represented to be, and has in
its present hands become. Now these pages prove the melancholy
fact, that willingly, with deliberate purpose^ our fathers bartered
honesty for gain, and became partners with tyrants, that they might
share in the profits of their tyranny.
And in view of this fact, will it not require a very strong argu
ment to make any candid man believe, that the bargain which the
fathers tell us they meant to incorporate into the Constitution, and
which the sons, have always thought they found there incorporated,
does not exist there, after all ?»/ Forty of the shrewdest men and

INTRODUCTION. - '^

lawyers in the land assemble to make a bargain^ among other
things, about slaves, — after months of anxious deliberation they
put it into writing and sign their names to the instrument, — fifty
years roll away, twenty millions, at least, of their children pass over
the stage of life, — courts sit and pass judgment, — parties arise
and struggle fiercely ; still all concur in finding in the instrument
just that meaning which the fathers tell us they intended to ex
press : — must not he be a desperate man, who, after all this, sets
out to prove that the fathers were bunglers and the sons fools, and
_^that slavery is not referred to at all ?
Besides, the advocates of this new theory of the Anti-slavery
character of the Constitution, quote some portions of the Madison
Papers in support of their views, — and this makes it proper that
,the community should hear all that, these Debates have to say on
the subject. The further we explore them, the clearer becomes
the fact, that the Constitution was meant to be, what it has always
been esteemed, a compromise between slavery and freedom.
If then the Constitution be, what these Debates show that our
fathers intended to make it, and what, too, their descendants, this
nation, say they did make it and agree to uphold, — then we affirm
that it is a " covenant with death and an agreement with hell," and
ought to be immediately annulled. No abolitionist can consistently
take oflice under it, or swear to support it.
But if, on the contrary, our fathers failed in their purpose, and
the Constitution is all pure and untouched by slavery, — then,
Union itself is impossible, without guilt. For it is undeniable that
the fifty years passed under this (anti-slavery) Constitution, show
us the slaves trebling in numbers ; — slaveholders monopolizing
the offices and dictating the policy of the Government; — prosti
tuting the strength and influence of the Nation to the support of
slavery here and elsewhere ; — trampling on the rights of the free
States, and making the courts of the country their tools. To con
tinue this disastrous alliance longer is madness. The trial of fifty
years with the best of men and the best of Constitutions on this
supposition, only proves that it is impossible for free and slave

X INTRODUCTION.
States to unite on any terms^without all becoming partners in the
guilt and responsible for the sin of slavery. We dare not prolong
the experiment, and with double earnestness we repeat our demand
upon every honest man to join in the outcry of the American Anti-
Slavery Society, —
NO UNION WITH SLAVEHOLDERS!

THE CONSTITUTION A
PRO-SLAYERY COMPACT

Extracts frorn, Debates in the Congress of Confederation, preserved ly
TTiomas Jefferson, 1776.
Congress proceeded the same day to consider the "Declaration of
Independence, » * *
The clause too reprobating the enslaving the inhabitants of Africa
was struck out, in compliance to South Carolina and Georgia, who had
never attempted to restrain the importation of Slaves, and who on the
contrary still wished to continue it. Our Northern brethren also, I be
lieve, felt a little tender under those censures ; for though their people
have very few slaves themselves, yet they had been pretty considerable
carriers of them to others. —-^. 18.
On Friday, the twelfth of July, 1776, the coramittee appointed to
draw the articles of Confederation reported them, and on the twenty-
sepond, the House resolved themselves into a coramittee to take them
into consideration. On the thirtieth and thirty-first of that month, and
the fii-st of the ensuing, those articles were debated which determined
the proportion or quota of money which each State should furnish to the
common treasury, and the manner of voting in Congress. The first of
these articles \yas expressed in the original draught in these words : —
" Article 11. All charges of war and all other expenses that shall be
incurred for the common defence, or general welfare, and allowed by
the United States assembled, shall be defrayed out of a common treasu
ry, which shall be supplied by the several Colonies in proportion to the
number of inhabitants of every age, sex and quality, except Indians not
paying taxes, in each Colony, a true accotmt of which, distinguishing
the white inhabitants, shall be triennially taken and transmitted to the
Assembly of the United States." '
Mr. Chase (of Maryland) moved, that the quotas should be paid, not
by the number of inhabitants of evei-y condition but by that of the
"white inhabitants." He admitted that taxation should be always in
proportion to property ; that this was in theory the true rule, but that
from a variety of difficulties it was a rule which could never be adopted
in practice. The value of the property in every State could never be
estimated justly and equally. Some other measure for the wealth of

12
the State must therefore be devised, some standard referred to which
would be more simple. He considered the number of inhabitants as a
tolerably good criterion of property, and that this might always be
obtained. He therefore thought it the best mode we coiUd adopt, with
one exception only. He observed that negroes are property, and as
such cannot be distinguished from the lands or personalities held in
those States where there are few slaves. That the surplus of profit
which a Northern farmer is able to lay by, he invests in cattle, horses,
&c. ; whereas, a Southern farmer lays out that same surphis in slaves.
There is no more reason therefore for taxing the Southern States on the
former's head and on his slave's head, than the Northern ones on their
farmers' heads and the heads of their cattle. That the method proposed
would therefore tJiX the Southern States according to their numbers
and their wealth conjunctly, while the Northern would be taxed on
numbers only : that negroes in fact should not be considered as mem
bers of the State, more than cattle, and that they have no more interest
in it,
/" Mr. John Adams (of Massachusetts) obsei-ved, that the numbers of
people were taken by this article as an index of the wealth of the State,
and not as subjects of taxation./ That as to this matter it was of no
consequence by what name you called your people, whether by that of
freemen or of slaves. That in some countries the laboring poor were
called freemen, in others they were called slaves : but that tbe differ
ence as to the state was imaginary only. J What matters it whether a
landlord employing ten laborers on his farm gives them annually as
much money as will buy them the necessaries of life, or gives them
those necessaries at short hand .' The ten laborers add as much wealth
annually to the Slate, increase its exports as much, in the one case as
the other. Certainly five hundred freemen produce no more profits, no
greater surplus for the payment of taxes, than five hundred slaves.
Therefore the State in which are the laborers called freemen, should be
taxed no more than that in which are those called slaves. Suppose, by
any extraordinary operation of nature or pf law, one half the laborers
of a State could in the course of one night be transformed into slaves, —
would the State be made the poorer, or the less able to pay taxes ?
That the condition of the laboring' poor in most countries, — that of fhe
fishermen, particularly, of the Northern States, — is as abject as that of
slaves. It is the number of laborers which produces the surplus for
taxation ; and nurabers, therefore, indiscriminately', are the fair index of
wealth. That it is the use of the word "property" here, and its appli-
' cation to some of the people of the State, which produces the fallacy.
How does tlie Southern farmer procure slaves ? Either by importation
or by purchase fi-om his neighbor. If he imports a slave, he adds one
to the number of laborers in his country, and proportionably to its
profits and abilities to pay taxes ; if he buys from his neighbor, it is
only a transffer of a laborer from one farm to another, which does not

13
change the annual produce of the State, and therefore should not
change its tax ; that if a Northern farmer works ten laborers on his
farm, he can, it is true, invest the surplus of ten men's labor in cattle ;
but so may the Southern farmer working ten slaves. That a State of one
hundred thousand freemen can maintain no more cattle than one of one
hundred thousand slaves ; therefore they have no more of that kind of
property. That a slave rnay, indeed, from the custom of speech, be
more properly called the wealth of his master, than the free laborer
might be called the wealth of his employer: but as to the State, both
were equally its wealth, and should therefore equally add to the quota
of its tax.
Mr. Harrison (of Virginia) proposed, as a compromise, that two slaves
should be counted as one freeman. He affirmed that slaves did not do
as much work as freemen, and doubted if two effected more than one.
That this was proved by the price of labor, the hire of a laborer in the
Southern colonies being from £8 to £12, while in the Northern it was
generally £24.
Mr. Wilson (of Pennsylvania) said, that if this amendment should
take place, the Southern colonies would have all the benefit of slaves,
whilst the Northern onos would bear the burthen. That slaves increase
the profits of a State, which the Southern States mean to take to them
selves ; that they also increase the burthen of defence, which would of
course fall so much the heavier on the Northern ; that slaves occupy the
places of freemeri and eat their food. Dismiss your slaves, and freemen
will take their places. It is our duty to lay every discouragement on
the importation of slaves; but this amendment would give the Jus b^ium
liberorum to him who would import slaves. That other kinds of prop
erty were pretty equally distributed through all the Colonies : there were
as many cattle, horses, and sheep, in the North as the South, and South
as the North ; but not so as to slaves : that experience has shown that
those colonies have been always able to pay most, which have the most
inhabitants, whether they be black or white ; and the practice of the
Southern colonies has always been to make every farmer pay poll taxes
upon all his laborers, whether they be black or white. He acknowledged
indeed that freemen worked the most; but they consume the most also.
They do not produce a greater surplus for taxation. The slave is
neither feti nor clothed so expensively as a freeman. Again, white
women are exempted from labor generally, which negro women are
not. In this then the Southern States have an advantage as the article
now stands. It has sometimes been said that slavery was necessary,
because the commodities they raise would be too^ dear for market if
cultivated by freemen ; but now it is said that the labor of the slave is
the dearest.
Mr. Patne (of Massachusetts) urged the original resolution of Con
gress, to proportion the quotas of the States to the number of souls.
Dr. Witherspoon (of New-Jersey) was of opinion, that the value of
2 ' ^

14
lands and houses was the best estimate of the wealth of a nation, and
that it >yas practicable to obtain such a valuation. This is the true
barometer of wealth. The one now proposed is imperfect in itself, and
unequal between the States. It has been objected that negroes eat the
food of freemen, and therefore should be taxed : horses also eat tlie
food of freemen; therefore tlicy also should bo taxed. It has been said
too, that in carrying slaves into the estimate of the taxes the State is to
pay, we do no more than those States themselves do, who always take
slaves into the estimate of the taxes the individual is to pay. But the
cases are not parallel. In the Southern Colonies, slaves pervade the
. whole Colony ; but tliey do not pervade the whole continent. That as
to the original resolution of Congress, it was temporary only, and related
to the moneys heretofore emitted : whereas we are now entering into a
new compact, and therefore stand on original ground.
August 1st. The question being put, the amendment proposed was
rejected by the votes of New-Hampshire, Massachusetts, Rhode-Island,
Connecticut, New- York, New-Jersey and Pennsylvania, against those of
Delaware, Maryland, Virginia, North, and South Carolina. ' Georgia
was divided.— ^. 27-8-9, 30-1-2.

Extracts from Madison's Report of Debates in the Congress of the
Confederation. Tuesday, January 14, 1783.
If the valuation of land had not been prescribed by the Federal Arti
cles, the Committee would certainly have preferred some other rule of
appointment, particularly that of numbers, under certain qualifications
as to slaves. — p. 260. Tuesday, Feb. 11, 1783.
Mr. Wolcott declares" his opinion that the Confederation ought to be
amended by substituting numbers of inhabitants as the rule ; admits the
difference between freemen and blacks ; and suggests a compromise,
by including in the numeration such blacks only as were within sixteen
and sixty years of age.-^. 331. Thursday, March 27, 1783.
(The eleventh and twelfth paragraphs :)
Mr. Wilson (of Pennsylvania) was strenuous in their favor; said he
was in Congress when the Articles of Confederation directing a valua
tion of land were agreed to; that it was the effect of the impossibility of
comprordising the different ideas of the Eastern and Southern States,
as to the value of slaves compared with the whites, the alternative in
question. Mr. Clark (of N.ew-Jersey) was in favor of them. He said that he
was also in Congress when, this article was decided ; that the Southern
States would have agreed to numbers in preference to the value of land
if half their slaves only should be included; but that the Eastern States
."Would not concur in that proposition.

15
It was agreed, on all sides, that, instead of fixing the proportion by
ages, as the report proposed, it would be best to fix the projiortion in
absolute numbers. With this view, and that the blan'; might be filled
up, the clause was recommitted. — p. 421-2. Friday, March 28, 1783.
The comraittee last mentioned, reported that two blacks be rated as
one freeman.
Mr. Wolcott (of Connecticut) was for rating them as four to three.
Mr. Carroll as four to one. Mr. Williamson (of North Carolina) said
he was principled against slavery ; and that he thought slaves an incum
brance to society, instead of increasing its ability to pay taxes. Mr.
Higginson (of Massachusetts) as four to three. Mr. Rutledge (of
South Carolina) said, for the sake of the object, he would agree to rate
slaves as two to one, but he sincerely thought three to one would be a
Juster proportion. Mr. Holton as four to three. — Mr. Osgood said he
did not go beyond four to three. On a question for rating them as three
to two, the -votes were. New Hampshire, aye; Massachusetts, no;
Rhode Island, divided ; Connecticut, aye ; New Jersey, aye ; Pennsylva
nia, aye ; Delaware, aye ; Maryland, no ; Virginia, no ; North Carolina,
no; South Carolina, no. The paragraph was then postponed, by
general consent, some wishing for further time to deliberate on it ; but
it appearing to be the general opinion that no compromise would be
agreed to.
After some further discussions on the Report, in which the necessity
of some simple and practicable rule of apportionment came fully into
view, Mr. Madison (of Virginia) said that, in order to give a proof of
the sincerity of his professions of liberality, he would propose that
slaves should be rated as five to three. Mr. Rutledge (of South Caro
lina) seconded the motion. Mr. Wilson (of Pennsylvania) said he
would sacrifice his opinion on this compromise.
Mr. Lee was against changing the rule, but gave it as his opinion that
two slaves were not equal to one freeman.
On the question for fire to three, it passed in the affirmative ; New
Hampshure, aye ; Massachusetts, divided ; Rhode Island, no ; Connecti
cut, no ; New Jersey, aye ; Pennsylvania, aye; Maryland, aye ; Virginia,
aye ; North Carolina, aye ; South Carolina, aye.
A motion* was then made by Mr. BLANb, seconded by Mr. Lee, to
strike out the clause so amended, and, on the question " Shall it stand,"
it passed in the negative; New Hampshire, aye; Massachusetts, no;
Rhode Island, no; Connecticut, no; New Jersey, aye; Pennsylvania,
aye ; Delaware, no ; Maryland, aye ; Virginia, aye ; North Caiolina, aye ;
South Carolina, no ; so the clause was struck out.
The arguments used by those who were for rating slaves high were
that the expense of feeding and clothing them was as far below that in
cident to freemen as their industry and ingenuity were below those of
freemen; and that the warm climate within wliich the States having

16
slaves lay, compared with the rigorous climate and inferior fertility of
tlie others, ought to have great weight in the case.; and that the exports
of the former States were greater than of the Litter. On the other side,
it was said, that slaves were not put to labor as young as the children of
laboring families ; that, having no interest in their labor, they did as little
as possible, and omitted every exertion of thought requisite to facilitate
and expedite it; that if the exports of the States having slaves exceeded
those of the others, their imports were in proportion, slaves being em
ployed wholly in agriculture, not in manufactures ; and that, in fact, the
balance of ti-ade formerly was much more against the Southern States
than the others.
On the main question, New Hampshire, aye ; Massachusetts, no ;
Rhode Island, no ; Connecticut, no ; New York (Mr. Floyd, aye ;) New
Jersey, aye ; Delaware, no ; Maryland, aye ; Virginia, aye ; North Car
olina, aye ; South Carolina, no. — pp. 423-4-5. Tuesday, April 1, 1783.
Congress resumed the Report on Revenue, &c. Mr. Hamilton, who
had been absent when the last question was taken for substituting num
bers in place of the value of land, moved to reconsider that vote. He
was seconded by Mr. Osgood. Those who voted differently from their
former votes were influenced by the conviction of the necessity of the
change, and despair on both sides of a more favorable rate of the slaves.
The rate of three-fiflhs was agreed to without opposition. — p. 430.
Monday, May 26, 1783.
The Resolutions on the Journal instnicting the ministers in Europe
to remonstrate against the carrying off the negroes — also those for fur-
loughing the troops — passed unanimously. — p: 456.
Letter from Mr. Madison to Edmund Randolph.
Philadelphia, April 8, 1783.
A change of the valuation of lands for the number of inhabitants, de
ducting two-fifths of the slaves, has received a tacit sanction, and, unless
hereafter expunged, will go forth in the general recommendation, as
material to future harmony and justice among the members of the Con
federacy. The deduction of two-fifths was a compromise between the
wide opinions and demands of the Southern and other States. — p. 523.
Extract from " Debates in the Federal Convention " of 1787, for the forma-
\ tion qf the Constitution of the United States.
Tuesday, May 29, 1787.
Mr. Charles Pinckney laid before the House the draft of a Federal
Government. « * * « The proportion of direct taxation shall be
regulated by the whole number of inhabitants of every description." —
pp.735, 7il. , ,
Wednesday, May 30, 1787.
• The following Resolution, being the second of those proposed by Mr.
Randolph, was taken up, viz.

17
" that the rights of suffrage in the iNational Legislaiure oitgld io he pro
portioned io the quotas of contribution, or to ihe number of free inhabitants,
as the one or the other rule may seem lest in different cases."
Colonel Hamilton moved to alter the resolution so as to read, " that
the rights of suffrage in the National Legislature ought to be propor
tioned to the number of free inhabitants." Mr. Spaight seconded the
motion. — p. 750. Wednesday, June 6, 1787. t
Mr. Madison. We have seen the mere distinction of color made, in
the most enlightened period of time, a ground of the most oppressive
dominion ever exercised by man over man. -^p. 806.
Monday, June 11, 1787.
Mr. Shep.man proposed, that the proportion of suffi-age in the first
branch should be according to the respective numbers of free inhab
itants ;
Mr Rutledge proposed, that the proportion of suffrage in the first
branch should be according to the quotas of contribution.
Mr. King and Mr. Wilson, in order to bring the question to a point,
moved, " that the right of sufftage in the first branch of the National
Legislature ought not to be according to the rule established in the Ar
ticles of Confederation, but according to some equitable ratio of repre
sentation." — p. 836.
' It was then moved by Mr. Rutledge, seconded by Mr. Butler, to
add to the words, " equitable ratio of representation," at the end of the
motion just agreed to, the words " according to the quotas of contribu
tion." On motion of Mr. Wilson, seconded by Mr. Pinckney, this was
postponed ; in order to add, after the words, " equitable ratio of repre
sentation," the words following : " In proportion to the whole number
of white and other free citizens and inhabitants of every age, sex and
condition, including those bound to servitude for a term of years, and
three-fifths of all other persons not comprehended in the foregoing de
scription, except Indians not paying taxes, in each State" — this being
the rule in the act of Congress, agreed to by eleven States, for appor
tioning quotas of revenue on the States, and requiring a census only
every five, seven, or ten years.
Mr. Gerry (of Massachusetts) thought property not the rule of repre
sentation." Why, then, should the blacks, who were property in the
South, be in the nde of representation more than the cattle and horses
of the North ?
On the question, — Massachusetts, Connecticut, New York, Pennsyl
vania, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye
— 9 ; New Jersey, Delaware, no — 2. — pp. 842-3.
, Tuesday, June 19, 1787?^
/Mr. Madison. Where slavery exists, the republican theory becomes
(still more fallacious. — p. 899. \

18 Saturday, June 30, 1787.
Mr. Madison, — admitted that every peculiar interest, whether in
any class of citizens, or any description of states, ought to be secured as
fej as possible. Wherever there is danger of attack, there ought to be
given a constitutional power of defence. But he contended that the
States were divided into different interests, not by their difference of
size, but by other cu-cumstances ; the most material of which resulted
partly from climate, but principally from the effects of their having or
not having slaves. These two causes concurred in forming the great di
vision of interests in the United States. It did not lie between the large
and small States. IT LAY BETWEEN THE NORTHERN AND
SOUTHERN ; and if any defensive power were necessary, it ought to
be mutually given to these two interests. He was so strongly impressed
.with this important truth, that he had been casting about in his mind for
some expedient that would answer the purpose. The one which had
occurred was, that, instead of proportioning the votes of the States in
both branches, to the irrespective numbers of inhabitants, computing the
slaves in the ratio of five to three, they should be represented in one
branch according to the number of free inhabitants only ; and in the
other according to the whole number, counting the slaves as fi-ee. By
this arrangement the Southern scale would have the advantage in one
House, and the Northei-n in the other. He had been restrained from
proposing this expedient by two considerations ; one was his unwilling
ness to urge any diversity of interests on an occasion where it is but too
apt to arise of itself; the other was the inequality of powers that must
be vested in the two branches, and which would destroy the equilibrium
of interests. — pp. 1006-7. Monday, July 2, 1787.
Mr. Pinckney. There is a real distinction between the Northern and
Southern interests. North Carolina, South Carolina and Georgia, in
their rice and indigo, had a peculiar interest which might be sacrificed.
—p. 1016. \, Friday, July 6, 1787.
Mr. Pinckney — thought the blacks ought to stand on an equality with
the whites ; but would agree to the ratio settled by Congress. — p. 1039.
Monday, July 9, 1787.
Mr. Patterson considered the proposed estimate for the future ac
cording to the combined rules of numbers and wealth, as too vagtie-.
For this reason New Jersey was against it. He could regard negro
slaves in no light but as property. They are no free agents, have no
personal liberty, no faculty of acquiring property, but on the contrary are
themselves property, and like other propeity entirely at the will of the
master. Has a man in Virginia a number of votes in proportion to the
number of his slaves ? And if negroes are not represented in the States
to which they belong, why should they be represented in the General
Government. "What is the true principle of representation ? It is an

V

19
expedient by which an assembly of certain individuals, chosen by the
people, is substituted in place of the inconvenient meeting of the people
themselves. If such a meeting of the people was actually to take place,
would the slaves vote ? They would not. Why then should they be
represented .' He was also against such an indirect encouragement of
the slave trade ; observing that Congress, in their act relating to the
change of the eighth article of Confederation, had been ashamed to "use
the term " slaves," and had substituted a description.
Mr. Madison reminded Mr. Patterson that his doctrine of represen
tation, which was in its principle the genuine one, must for ever silence
the pretensions of the small States to an equality of votes with the large
ones. They ought to vote in tbe same proportion in which their citi
zens would do, if the people of all the States were collectively met. He
suggested, as a proper ground of compromise, that in the first branch the
States should be represented according to their number of free inhab
itants ; and in the second, which had fof one of its primary objects the
guardianship of property, according to the whole number, including
slaves. Mr. Bdtler urged warmly the justice and necessity of regarding
wealth in the apportionment of representation. —
'''plUr. King had always expected, that, as the Southern States are the
richest, they would not league themselves with the Northern, unless
some respect were paid to their superior wealth. If the latter expect
those preferential distinctions in comraerce, and other advantages which
they will derive from the connexion, they must not expect to receive
them without allowing some advantages in return. Eleven out of thir
teen of the States had agreed to consider slaves in the apportionment of
taxation ; and taxation and representation ought to go together. — pg.
1054-5-6.
^^ Tuesday, July 10, 1787.
In Convention, — Mr. Kino reported, from the Committee yesterday ap
pointed, " that the States at the first meeting of the General Legislature,
should be represented by sixty-five members, in the following propor
tions, to wit: — New Hampshire, by 3 ; Massachusetts, 8 ; Rhode Island,
1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8;
Delaware,!; Maryland, 6; Virginia, 10; North Carolina, 5; South Car-
olioa, 5 ; Georgia, 3."
Mr. King remarked that the four Eastern States, having 800,000 souls,
have one-third fewer representatives than the four Southern States hav
ing not more than 700,000 souls, rating the blacks as five for three. The
Eastern people will advert to these circumstances, and be dissatisfied.
He believed them to be very desirous of uniting with their Southren
brethren, but did not think it prudent to rely so far on that disposition,
as to subject them to any gross inequality. He was fully convmced that
THE QUESTION CONCERNING A DIFFERENCE OF INTER
ESTS DID NOT LIE WHERE IT HAD HITHERTO BEEN DIS-

20
CUSSED, BETWEEN THE GREAT AND SMALL STATES; BUT
BETWEEN THE SOUTHERN AND EASTERN. For this reason
he had been ready to yield something, in the proportion of representa
tives, for the security of the Southern. No principle woufd justify the
giving them a majority. They were brought as near an equality as was
possible. He wag not averse to giving them a still greater security, but
did not see how it could be done.
General Pinckney. The Report before it was committed was more
fevorable to the Southern States than as it now stands. If they are to
&rm so considerable a minority ,'and the regulation of trade is to be given
to the General Government, they will be nothing more than overseers
for the Northern States. He did not expect the Southern States to be
raised to a majority of representatives ; but wished them to have some
thing like an equality.
Mr. Williamson. The Southern interest must be extremely endan
gered by the present arrangement. The Northern States are to have a
majority in the first instance, and the means of perpetuating it.
General Pinckney urged the reduction ; dwelt on the superior wealth
of the Southern States, and insisted on its having its due weight in the
Government. Mr. Gouverneur Morris regretted the turn of the debate. The
States, he found, had many representatives on the floor. Few, he
feared, were to be deemed the representatives of America. He thought
the Southern States have, by the Report, more than their share of Rep
resentation. Property ought to have its weight, but not all the v/eight.
If the Southern States are to supply money, the Northern States are to
spill their blood. Besides, the probable revenue to be expected from the
Southern States has been greatly overrated. — pp. 1056-7-8-9.
Wednesday, July 11, 1787.
Mr. Williamson moved that Mr. Randolph's propositions be post
poned, in order to consider.the following, "that iri order to ascertain the
alterations that may happen in the population and wealth of the several
States, a census shall be taken of the free white inhabitants, and three-
. fifths of those of other descriptions on the first year after this government
shall have been adopted, and every  year thereafter; and that the
representation be regulated accordingly."
Mr. Butler and General Pinckney insisted that "blacks be included in
the rule of representation equ.cdly''w'\th the whites ; and for that purpose
moved that the words "three-fifths " be struck out.
Mr. Gerry thought that three-fifths of them was, to say the least, the
full proportion that could be admitted.
Mr. Gorham. This ratio was fixed by Congress as a rule of taxation.
Then, it was urged, by the Delegates representing the States having
slaves, that the blacks were still more inferior to freemen. At present,
when the ratio of representation is to be established, we are assured that
they are equal to freemen. The arguments on the former occasion had

21
convinced him, that three-fifths was pretty near the just proportion, and
he should vote according to the same opinion now.
Mr. Butler insisted that the labor of a slave in South Carolina was
as productive and valuable, as that of a freeman in Massachusetts ; that
as wealth was the great means of defence and utility to the nation, they
were equally valuable to it with freemen ; and that consequently an
equal representation ought to be allowed for them in a government
which was instituted principally, for the protection of property, and was
itself to be supported by property.
Mr. Mason could not agree to the motion, notwithstanding it was fa
vorable to Virginia, because he thought it unjust. It was certain that
the slaves were valuable, as they raised the value of land, increased the
exports and imports, and of course the revenue, would supply the means
of feeding and supporting an army, and might in cases of emergency
becorae themselves soldiers. As in these important respects they were
useful to the community at large, they ought not to be excluded from the
estimate of representation. He could not, however, regard them as equal
to freemen, and coiild not vote for them as such. He added, as worthy
, of remark, that the Southern States have this peculiar spedes of propery,
over and above the other species of property common to all the States.
Mr. Williamson reminded Mr. Gorham that if the Southern States
contended for the inferiority of blacks to whites when taxation was in
view, the Eastern States, on the same occasion, contended for their
equality. He did not, however, either then or now, concur in either
extreme, but approved of the ratio of three-fifths.
On Mr. Butler's motion, for considering blacks as equal to whites in
the apportionment of representation, — Delaware, South Carolina, Geor
gia, aye — 3; Massachusetts, Connecticut, New Jersey, Pennsylvania,
Maryland, Virginia, North Carolina, no — 7 ; New York, not on the floor.
Mr. Gouverneur Morris said he had several objections to the pro
position of Mr. Williamson. In the first place, it fettered the Legislature
too much. In the second place, it would exclude some States altogeth
er who would not have a sufficient number to entitle them to a single
representation. In the third place, it will not consist with the resolution
passed on Saturday last, authorizing the Legislature to adjust the
representation from time to time on the principles of popidation and
wealth ; nor with the principles of equity. If slaves were to be consid
ered as inhabitants, not as wealth, then the said Resolution would not he
pursued; if as wealth, then why is no other wealth but slaves included ?
These objections may perhaps be removed by amendments.
Mr. King thought there was great force in the objections of Mr.
Gouverneur Morris. He would, however, accede to the proposition
for. the sake of doing something.
Mr. GodverneurMorris. Another objection with him, against ad
mitting the blacks into the census, was, that the people of Pennsylvania
would revolt at the idea of being put on a footing with slaves. They
would reject any plan that was to have such an effect.

22
Mr. JIadison. Future contributions, it seemed to be understood on
all hands, would be principally levied on imports and exports.^y. 1066-
7-8-9; 1070-2-3.
On the question on the first clause of Mr. Williamson's motion, as
to taking a census of the free inhabitants, it passed in the affirmative, —
Massachusetts, Connecticut, New Jersey, Pennsylvania, Virginia, North
Carolina, aye — 6; Delaware, Maryland, South Carolina, Georgia,
no — 4.
The next clause as to three-fifths of the negroes being considered,
Mr. King, being much opposed to fixing numbers as the rule of
representation, was particularly so on account of the blacks. He
thought the admission of them along with whites at all, would excite
great discontents among the States having no slaves. He had never
said, as to any particular point, that he would in no event acquiesce in
and support it ; but he would say that if in any case such a declaration
was to be made by him, it would be in this.
He remarked_ that in the temporary allotment of representatives made
by tbe Committee, the Southern States had received more than the
number of their white and three-fifths of then- black inhabitants entitled
them to.
Mr. Sherman. South Carolina had not more beyond her proportion
than New York and New Hampshire ; nor either of them more than
was necessary in order to avoid fractions, or reducing them below th'eir
proportion. Georgia had more ; but the rapid growth of that State
seemed to justify it. In general the allotment might not be just, but
considering all cu'cumstances he was satisfied with it.
Mr. Gorham was aware that there might be sorae weight in what had
fillen from his colleague, as to the umbrage which might he taken by
- the people of the Eastern States. But he recollected that when the
proposition of Congress for changing the eighth Article of the Confed
eration was before the Legislature of Massachusetts, the oiily difficulty
then was, to satisfy them that the negroes ought not to have been
counted equally with the whites, instead of being counted in the ratio
of three-fifths only.*
Mr. Wilson did not well see, on what principle the admission of
blacks in the proportion of three-fifths could be explained. Are they
admitted as citizens — then why are tbey not admitted on an equality
with white citizens ? Are they admitted as property — then why is not
other property admitted into the computation ? These were difficulties,
however, which he thought must be overruled by the necessity of com
promise. He had some apprehensions also, from the tendency of the
blending bf the blacks with the whites, to give disgust to the people of '
Pennsylvania, as had been intimated by his colleague (Mr. Gouverneur
-Morris.) Mr. Gouverneur Morris was compelled to declare himself reduced
* They were then to have been a rule of taxation only.

23
to the dilemma of doing injustice to the Southern States, or to human
?nature ; and he must therefore do it to the former. For he could never
agree to give such encouragement to the slave trade, as would be given
by allowing them a representatiqn for their negroes ; and he did not
believe those States would ever confederate on terms that would deprive
them of that trade.
On the question for agreeing to include three-fifths of the blacks, —
Connecticut, Virginia, North Carolina, Georgia, aye — 4 ; Massachusetts,
New-Jersey, Pennsylvania, Delaware, Maryland,* South Carolina,
no— 6.— H>. 1076-7-8. Thursday, July 12, 1787.
In Convention, — Mr. Gouverneur Morris moved a proviso, "that
taxation shall be in proportion to representation.''
Mr. Butler contended again, that representation should be according
to the full number of inhabitants, including all the blacks; admitting
the justice of Mr. Gouverneur Morris's motion.
General Pinckney was alarmed at what was said yesterday, [by
Gouverneur Morris,] concerning the negroes. He was now again
alarmed at what had been thrown out concerning the taxing of exports.
South Carolina has in one year exported to the amount of 600,00OZ. ster
ling, all which was the fruit of the labor of her blacks. Will she he
represented in proportion to this amount? She will not. Neither
ought she then to be subject to a tax on it. He hoped a clause would
be inserted in the system, restraining the Legislature from taxing
exports. Mr. Wilson approved the principle, but could not see how it could
be carried into execution ; unless restrained to direct taxation.
Mr. Gouverneur Morris having so vaiied his motion by inserting
the word "direct," it passed, nem. con., as follows: "provided always
that du-ect taxation ought to be proportioned to representation."
Mr. Davie said it was high tirae now to speak out. He saw that it
was meant by some gentlemen to deprive the Southern States of any
share of representation for their blacks. He was sure that North Caro
lina would never confederate on any terms that did not rate them at
least as three-fifths. If the Eastern States meant, therefore, to exclude
thera altogether, the business was at an end.
Dr. JopNsoN thought that wealth and population were the true, equi
table rules of representation ; but he conceived that these two principles
resolved themselves into one, population being the best measm-e of
wealth. He concluded, therefore, that the number of people ought to
be established as the rule, and that all descriptions, including blacks
equaUy with the whites, ought to full within the computation. As van-
ous opinions had been expressed on the subject, he would move that a
• Mr. Carroll said, in explanation of the vote of Maryland, that he wished the phraseology
to be so altered as to obviate, if ijosaible, the danger which had been expressed of givin" um
brage to the Eastern and Middle States. "

24
committee might be appointed to take them into consideration, and
report them.
Mr. Gouverneur Morris. It had been said that it is high time to
speak out. As one member, he would candidly do so. He came here
to form a compact for the good of America. He was ready to do so
with all the States. He hope<l, and believed, that all would enter into
such compact If they would not, he was ready to join with any States
that would. But as the compact was to be voluntary, it is in vain for
the Eastern States to insist on what the Southern States will never
agree to. It is equally vain for the latter to require, what the other States
can never admit ; and he verily believed the people of Pennsylvania
will never agree to a representation of negroes. What can be desired
by these States more than has been already proposed — that the legisla
ture shall from time to time regulate representation according to popu
lation and wealth ?
General Pinckney desired that the rule of wealth should, be ascer
tained, and not left to the pleasure of the legislature ; and that property
in slaves should not be exposed to danger, under a government instituted
for the protection of property.
• The first clause in the Report of the first Grand Committee was
postponed. ,
Mr. Ellsworth, in order to carry into effect the principle established,
moved to add to the last clause adopted by the House the words foUow-
1 ing, "and that the rule of contribution by direct taxation, for the support
of the Government of the United States, shall be the number of white
inhabitants, and three-fifths of every other description iu the several
States, until some other rule that shall moro accurately ascertain the
wealth of the several States, can be devised and adopted by the Legis
lature." Mr. Butler seconded the motion, in order that it might be committed.
Mr. Randolph was not satisfied with the motion. The danger will
be revived, that the ingenuity of the Legislature may evade or pervert.
the rule, so as to perpetuate the power where it shall be lodged in the
first instance. He proposed, in lieu of Mr. Ellsworth's motion, " that
in order to ascertain the alterations in representation that may be
required, from time to time, by changes in the relative cii'cumstances of
the States, a census shall be taken within two years frora the first meet
ing of the General Legislature of the United States, and once within the
term of every — years afterwards, of all the inhabitants, in tlie manner
and according to the ratio recommended by Congress in their Resolution
of the eighteenth day of April, 1783, (rating the blacks al three-fifths of
theur number); .and that the Legislature of the United States shall
arrange the representation accordingly." He urged strenuously that
express security ought to be provided for including slaves in the ratio of
representation. He lamented that such a species of property existed.
But as it did exist, the holders of it would require this security. It was

25
perceived that the design was entertained by some of excluding slaves
altogether; the Legislature therefore ought not to be left at liberty.
Mr. Ellsworth withdraws his motion, and seconds that of Mr.
Randolph. Mr. "\ViLSON observed, that less umbrage would perhaps be taken
against an admission of the slaves into the rule of representation, if it
should be so expressed as to make them indirectly only an ingredient in
the rule, by saying that they should enter into the rule of taxation ; and
as representation was to be according to taxation, the end would be
equally attained.
Mr. Pinckney moved to amend Mr. Randolph's motion, so as tb
make " blacks equal to the whites in the ratio of representation." This,'
he urged was nothing more than justice. The blacks are the laborers,
the peasants, of the Southern States. They are as productive of pecu
niary resources as those of the Northern States. They add equally to
tlie wealth, and, considering money as the sinew of war, to the strength,
of the nation. It will also he politic with regard to the Jforthern States,
as taxation is to keep pace with representation. ^ '
On Mr. Pinckney's (of S. Carolina) motion, for rating blacks as equal
to whites, instead of as three-fifths, — South CaroHna, Georgia, aye — 2;
Massachusetts, Connecticut (Doctor Johnson, aye), New Jersey, Penn
sylvania (three against two), Delaware, Mainland, Virginia, North
Carolina, no — 8.
Mr. Randolph's (of Virginia) proposition, as varied by Mr. Wilson
(of Pennsylvania) being read for taking the question on the whole, — ¦•
Mr. Gerry (of Massachusetts) urged that the principle of it could not
be carried into execution, as the States were not to be taxed as States.
With regard to taxes on imposts, he conceived they would be more
productive where there wei-e no slaves, than where there were ; the
consuraption being greater. • - . • '
Mr. Ellsworth (of Connecticut). In the case of a poll-tax there
would be no difficulty. But there would probably be none. The sum
allotted to a State may be levied without difficulty, according to the plan
used by the State in raising its own supplies. V
On the question on the whole proposition, as proportioning represen
tation to direct taxation, and both to the white and three-fifths of the
black inhabitants, and requiring a census within six years, and within
every ten years afterwards, — Connecticut, Pennsylvania, Maryland, Vir
ginia, North Carolina, Georgia, aye — 6; New Jersey, Delaware, no —
2; Massachusetts, South Carolina, divided. — ¦pp. 1079 to 1087.
Friday, July 13, 1787.
Mr. Madison said, that having always conceived that the difference of
interest in the United States lay not between the large and small, but the
Northern and Southern States. — p. 1088. , : • •
On the motion Of Mr. Randolph (of Virginia), the vote of Monday
last, authorizing the Legislator^ to adjust, from time to time, the repre-
3

26
sentation upon tlio principles of wealth and numbers of inhabitants, was
reconsidered by common consent, in order to strike out wealth and adjust
the resolution to tliat requiring periodical revisions according to the
number of whites and three-fifths of the blacks.
Mr. Gouverneur Morris (of Pennsylvania) opposed the alteration, as
leaving still an incoherence. If negroes were to be viewed as inhab
itants, and the revisioii was to proceed on the principle of numbers of
inhabitants, they ought to be added in their entire number, and not in
the proportion of three-fifths. If as property, the word wealth was
right ; and striking it out would produce the vei-y inconsistency which
It was meant to get rid of. The train of business, and the late turn
which it had taken, had led him, he said, into deep meditation on it, and
he would candidly state the result. A distinction had been set up, and
urged, between the Northern and Southern States. He had hitherto
considered this doctrine as heretical. He still thought the distinction
groundless. He sees, however, that it is persisted in ; and the Southern
gentlemen will not be satisfied unless they see the way open to their
gaining a majority in the public councils. The consequence of such a
transfer of power from the maritime to the interior and landed interest,
will, he foresees, be such an oppression to commerce, that he shall be
obliged to vote for the vicious principle of equality in the second branch,
inprderto provide some defence forthe Northern States against it. But
to come more to the jioint, either this distinction is fictitious or real; if
fictitious, let it be dismissed, and let us proceed with due confidence. If
it be real, instead of attempting to blend incompatible things, let us at
once take a friendly leave of each other. There can be no end of de
mands for security, if every particular interest is to be entitled to it. The
Eastern States may claim it for their fishery, and for other objects, as the
Southern States claim it for their peculiar objects. In this struggle be
tween the two ends of the Union, what part ought the Middle States, in
point of policy, to take ? To join their Eastern brethren, according to
his ideas. If the Southern States get the power into their hands, and be
joined, as they will be, with the interior country, they will inevitably
bring on a war with Spain for the Mississippi. This language is already
held. The, interior country, having no propei-ty nor interest exposed on
the sea, will be Hide affected by such a war. He wished to know what
security the Northem and Middle States will have against this danger.
It has been said that North Carolina, South Carolina, and Georgia only,
will in a little tirae have a majority of the people of America. They
I must in that case include the great interior country, and every thing was
to be apprehended fi-om their getting the power into their hands.
Mr. Butler (of South Carolma).. The security the Southern States
want is, that their negroes may not be taken from them, which some gen-.
tlemen within or without doors have a very good mind to do. It was not
supposed that North Carolina, South Carolina and (Jeorgia, would have
more people than all the other States, but many more relatively to tlie

a7
other States, than they now have. The people and strength of America
are evidently bearing southwardly, and southwestwardly.
On the question to strike out wealth, and to make the change as moved
by Mr Randolph (of Virginia), it passed in the affirmative, — Massachu
setts, Connecticut, New Jersey, Pennsylvania, Maiyland, Virginia, North
Carolina, South Carolina, Georgia, aye — 9; Delaware, divided. — pp,
1090-1-2-3-4. ... - !
Saturday, July 14, 1787.
Mr. Madison. It seemed now to be pretty well understood, that
the real difference of interests lay, not between the large and small,
but between the Northern and Southern, States. THE INSTITUTION
OF SLAVERY, AND ITS CONSEQUENCES, FORMED THE LINE
OF DISCRIiAIINATlON.— i7. 1104. , Tuesday, July 17, 1787..
Mr. Williamson. The largest State will be sure to succeed. This will
not be Virginia, however. Her slaves wUl have no suffi-age. — p. 1123.
Thursday, July 19, 1787.
Mr. Madison. The right of suffrage was much more diffusive in the
Northem than the Southern States ; and the latter could have no influ
ence in the election, on the score of the negroes. — p. 1148. ^
Monday, July 23, 1787.
General Pinckney .reminded the Convention, that if the Committee
should fail to insert some security to the Southern States against an
emancipation of slaves, and taxes on exports, he should be bound by
duty to his State to vote against their report. — p. 1187.
Tuesday, July 24, 1787.
Mr. Williamson. As the Executive is to have a kind of veto on the
laws, and there is an essential difference of interests between the North
ern and Southern States, particularly in the carrying trade, the power
will be dangerous, if the Executive is to be taken fi-om part of the Union,
to the part from which he is not taken. — p. 1189.
Mr. Gouverneur Morris hoped the Comraittee would strike out the
whole of the clause proportioning direct taxation to representation. He
had only meant it as a bridge* to assist us over a certain gulf; having
passed the gulf, the bridge may be removed. He thought the principle
laid down with so much strictaess liable to strong objections.— y. 1197.
. Wednesday, July 25, 1787.
Mr. Madison. Refer the appointment of the National Executive to
the State Legislatures, and * * *
The remaining mode was an election by the people, or rather by the
qualified part of them at large. * * * , -. ,,'
The second difficulty arose from the disproportion of qualified voters
in the Northem and Southern States, and the disadvantages which this
mode would throw on the ktter. The answer to this objection was —
in the fu-st place, that this disproportion would be continually decreasmg
under the influence of the republican laws introduced in the Soutliem
• The object was to lessen the eagerness, on one side, for, and the opposition, on the other,
to the share of representation claimed by the Southern States on account of the negroes.

28
;States, and the more rapid increase of their population; in the second
place, that local considerations must give way to the general interest.
As an individual from the Southern States, he was willing to make tho
sacrifice. — pp. 1200-1. Thursday, July 26, 1787.
Mr. Gouverneur Morris. Revenue will be drawn, it is foreseen, as
much as possible from trade. — p. 1217. Monday, August 6, 1787.
Mr. Rutledge delivered in the Report of the Committee of Detail.
ARTICLE vn.
Sect. 3. Tlie proportions of direct taxation shall be regulated by the
whole number of white and other fiee citizens and inhabitants of every
age, sex and condition, including those bound to sei-vitude for a term of
years, and three-fifths of all other persons not comprehended in the fore
going description, (except Indians not paying taxes); which number
shall, within six years after the first meeting of the Legislature, and
within the term of every ten years afterwards, be taken in such a man
ner as the said Legislature shall direct.
Sect. 4. No tax or duty shall be laid by the Legislature on articles
exported from any State ; nor on the migration or importation of such
persons as the several States shall think proper to admit ; nor shall such
migration or importation be prohibited.
Sect. 5. No capitation tax shall be laid, unless in proportion to the
census herein before du-ected to be taken.
Sect. 6. No navigation act shall be passed without the assent of two-
thirds of the members present in each House. — pp. 1226-33-34.
Wednesday, August 8, 1787.
Mr. King wished to know what influence the vote just passed was
meant to have on the succeeding part of the Report, concerning the ad
mission of slaves into the rule of representation. He could not reconcile
his mind to the Article, if it was to prevent objections to the latter part.
The admission of slaves was a most grating cu-cumstance to his raind,
and he believed would be so to a great part of the people of Ainerica-
He had not made a strenuous opposition to it heretofore, because he bad
hoped that this concession would have produced a readiness, which had
not been manifested, to strengthen the General Government, and to mark
, a full confidence in it. The Report under consideration had, by the tenor
of it, put an end to all those hopes. In two great points the hands of
the Legislature were absolutely tied. The importation of slaves could'
not be prohibited. Exports could not be taxed. Is this reasonable?
What are the great objects of the general system ? First, defence against
foreign invasion ; secondly, against internal sedition. Shall all the States;'
then, be bound to defend each, and shall each be at liberty to introduce
a weakness which will render defence more difficult? Shall one part of
the United States be bound to defend another part, and that other part
be at liberty, not only to increase, its own danger, but to withhold the
• compensation for the burden ? If slaves are to be imported, shall not

29
the exports produced by their labor supply a revenue the better to enable
the General Government to defend their masters ? There was so much
inequality and unreasonableness in all this, that the people of the North
ern States could never be reconciled to it. No candid man could under- .
take to justify it to them. He had hoped that some accommodation
would have taken place on this subject ; that at least a time would have
been limited for the importation of slaves. He never could agree to let
them be imported without limitation, and then be represented in the Na
tional Legislature. Indeed, he could so little persuade himself of the
rectitude of such a practjce, that he was not sure he could asserit to it
under any circumstances. At all events, either slaves should not be rep
resented, or exports should be taxable.
Mr. Sherman regarded the slave trade as iniquitous ; but the point of
representation having been settled after much difficulty and deliberation,
he did not think himself bound to make opposition ; especially as th^
present Article, as amended, did not preclude any arrangement whatever
on that point, in another place of the report.
Mr. Gouverneur Morris moved to insert "free" before the word
"inhabitants." Much, he said, would depend on this point. He never
would concur in upholding domestic slavery. It was a nefarious insti
tution. It was the curse of Heaven on the States where it prevailed.
Compare the free regions of the Jliddle States, where a rich and noble
cultivation marks the prosperity and happiness of the people, with the
misery and poverty which overspread the barren wastes of Virginia, Ma
ryland, and the other States having slaves. Travel through the whole
continent, and you behold the prospect continually varying with the ap
pearance and disappearance of slavery. The moment you leave the
Eastei-n States, and enter New York, the effects of the institution become '
visible. Passing through the Jerseys and entering Pennsylvania, every
criterion of superior improvement witnesses the change. Proceed soutli-
wardly, and every step you take, through the great regions of slaves, pre
sents a desert increasing with the increasing proportion of these wretch
ed beings. Upon what principle is it that the slaves shall be computed
in the representation ? Are they men ? Then make them citizens, and
let thera vote. Are they property ? Why, then, is no other property in
cluded? The houses in this city (Philadelphia) are worth more than all
the wretched slaves who cover the rice swamps of South Carolina. The
admission of slaves into the representation, when fairly explained, comes
to this, that the inhabitant of Georgia and South Carolina who goes to
the coast of ^frica, and', in defiance of the most sacred laws of human
ity, tears away his fellpw creatures from their dearest connections, and
damns them to the most cruel bondage, shall have more votes in a gov
ernment instituted for protection of the rights of mankind, than the cit
izen of Pennsylvania or New Jersey, who views with a laudable horror
so nefarious a practice. He would add, that domestic slavery is the most
prominent feature in the -aristocratic countenance of the proposed Con
O

30 ,
stitution. The vassalage of the poor has ever been the favorite offspring
of aristocracy. And what is the proposed compensation to the Northern
States, for a sacrifice of every principle of right, of every impulse of hu
manity ? They are to bind themselves to march their militia for the de
fence of the Southern States, for their defence against those vei-y slaves
of whom they complain. They must supply vessels and seamen, in case
of foreign attack. The Legislature will have indefinite power to tax
them by excises, and duties on imports ; both of which will fall heavier
on them than on the Southern inhabitants ; for the bohea tea used by a
Northern freeman will pay more tax than the whole consumption of the
miserable slave, which consists of nothing more than his physical sub
sistence and the rag that covers his nakedness. On the other side, the
¦Southern States are not to be restrained from importing fresh supplies
of wretched Africans, at once to increase the danger of attack, and the
difficulty of defence ; nay, they are to be encouraged to it, by an assur
ance of having their votes in the National Government increased in pro
portion ; and are, at the same time, to have their exports and their slaves
exempt from all contributions for the public'' sei-vice. Let it not be said,
that direct taxation is to be proportioaad to representation. It is idle to
suppose, that the General Government can stretfch its hand directly into
the pockets of the people, scattered over so vast a country. They can
only do it through the medium of exports, imports and excises. For
what, then, are all the sacrifices to be made ? He would sooner submit
himself to a tax for paying for all the negroes in the United States, than
saddle posterity with such a Constitution.
Mr. Dayton seconded the motion. He did it, he said, that his senti
ments on the subject might appear, whatever might be the fate of the
amendment. Mr. Sherman did not regard the admission of the negroes into the
ratio .of representation, as liable to such insuperable objections. It was
the fre.emen of the Southern States who were, in fact, to be represented
according to the taxes paid by them, and the negroes are only included
in the estimate of the taxes. This was his idea of the matter.
Mr. Pinckney considered the fisheries, and the western frontier, as
more burthensome to the United States than the slaves. He thought
this could be demonstrated, if the occasion were a proper one.
Mr. Wilson thought the motion premature. An agreement to the
clause would be no bar to the object of it.
On the question, on the motion to insert " free " before " inhabitants,"
New-Jersey, aye — 1; New-Hampshire, Massachusetts, Connecticut,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolma, Georgia, no — 10.— ^. 1261-2-3-4-5-6. Thursday, August 16, 1787. '
Mr. Mason urged the necessity of connecting with the powers of
levying taxes, duties, &c., the prohibition in Article 6, Sect. 4, "that no
tax should be laid on exports."

31
He hoped the Northern States did not mean to deny the Southern
tliis security.
Mr. Gouverneur Morris considered such a proviso as inadmissible
anywhere. Mr. Madison. Fourthly, the Southern States, being most in danger
and most needing naval protection, could the less complain, if the
burthen should be somewhat heaviest on them. And finally, we are not
providing for the present moment only ; and time will equalize tlie
situation of the Spates in this' matter. He was, for these reasons, against
the motion.
Mr. Mercer. It had been said the Southern States had most need
of naval protection. The reverse was thei case. Were it not for pro
moting the canying trade of the Northern States, the Southern States
could let the trade go into foreign bottoms, where it would not need our
protection.—^. 1339-40-41-42. .
Tuesday, August 21, 1787.
Articles 7, Section 3, was then resumed.
Mr. Dickinson moved to postpone this, in order to reconsider Article
4, Section 4, and to limit the number of Representatives to he allowed to
the large States. Unless this were done, the small States would be
reduced to entire insignificance, and encouragement given to the impor
tation of slaves.
Mr. Sherman would agi-ee to such a reconsideration ; but did not see
the necessity of postponing the section before the House. Mr. Dicken
son withdrew his motion.
Article 7, Section 3, was then agreed to, — ten ayes; Delaware alone,
no. — ;>. 1379.
Article 7, Section 4, was then taken up.
Mr. Langdon. By this section the States are left at liberty to tax
exports. This could not be admitted. It seems to be feared that the
Northern States will oppress the trade of the Southern. This may be
guarded against, by requiring the concurrence of two-thirds, or three-
fourths of the Legislature, in such cases. — p. 1382-3.
Mr. Madison^ As to the fear of disproportionate burthens on the
more exporting States, it might be remarked that it was agreed, on all
hands, that the revenue would principally be drawn from trade. — p. 1385.
Col. Mason — A majority, when interested, will oppress the minority.
If we compare the States in this point of view, the eight Northern
States have an interest different from the five Southern States ; and have,
' in one branch of the Legislature, thirty-six votes, against twenty-nine,
and in the other in the proportion of eight against five. The Southern
States had therefore ground for their suspicions. The case of exports '
was not the same with that of imports. — pp. 1386-7.
- Mr. L. Martin proposed to vary Article 7, Section 4, so as to allow a
prohibition or tax on the importation of slaves. In the first place as
five slaves are to be coimted as three freemen, in the apportionment of

32
Representatives, such a clause would leave an encomagement to this
traffic. In the second place, slaves weakened one part of the Union,
which the other parts were bound to protect ; the privilege of importing
them was therefore unreasonable. And in the third place, it was incon
sistent with the principles of the Revolution, and dishonorable to tlie
Araerican character, to have such a feature in the Constitution.
Mr. Rutledge did not see how the iraportation of slaves could be
encouraged by this section. He was not apprehensive of insurrections,
and would readily exempt the other States from the obligation to protect
the Southern against them. Religion and humanity had nothing to' do
with this question. Interest alone is the governing principle with
nations. The true question at present is, whether the Southern States
shall or shall not be parties to the Union. If the Northern States con
sult their interest, they will not oppose the increase of slaves, which will
increase the commodities of which they will become the carriers.
Mr. Ellsworth was for leaving the clause as it stands. Let evei-y
State import what it pleases. The morality or wisdom of slavery are
considerations belonging to the States themselves. What enriches a
part em-iches the whole, and the States are the best judges of their
particular interest. The Old Confederation had not meddled with this
point; and he did not see any greater necessity for bringing it within
the policy of the new one.
Mr. Pinckney. South Carolina can never receive the plan if it pro
hibits the slave trade. In every proposed extension of the powers of
Congress, that State has expressly and watchfully excepted that of
meddling with the importation of negroes. If the States be all left at
liberty on this subject, South Carolina may perhaps, by degrees, do of
herself what is wished, as Vh'ginia and Maryland already have done.
Adjourned. — pp. 1388-9.
, Wednesday, August 22, 1787.
In Convention, — Article 7, Section 4, was resumed.
Mr. Sherman was for leaving the clause as it stands. He disapproved
of the slave trade ; yet as the States were now possessed of the right to
import slaves, as the public good did not require it to be taken from
them, and as it was expedient to have as few objections as possible to
the proposed scheme of government, he thought it best to leave the
matter as we find it. He observed that the abolition of slavery seemed
to be going on in the United States, and that the good Sense of the sev
eral States would probably by degrees complete it. He urged on the
Convention the necessity of despatching its business.
, Col. BIason. This infernal traffic originated in the avarice of British
merchants. The British Government constantly checked the attempts
of Virginia to put a stop to it. The present question concerns not the
importing States alone, but the whole Union. The evil of having slaves
was experienced during the late war. Had slaves been treated as they
might have been by the enemy, they would have proved dangerous

33
instruments in their hands. But their folly dealt by the slaves as it did
by tlie tories. He mentioned the dangerous insurrections of tlio slaves
in Greece and Sicily ; and tho instructions given by Cromwell to the
coniiiiissioners sent to Virginia, to arm the servants ahd slaves, in case
other means of obtaining its submission should fail. Maiyland and
Virginia he said had already prohibited the importation of slaves ex
pressly. North Carolina had done the same in substance. All this
would be UI vain, if South Carolina and Georgia be at liberty to import.
The Western people are already calling out for slaves for their now
lands ; and will fill that country with slaves, if they can be got through
Soutli Carolina and Georgia. Slavery discourages arts and manufac
tures. The poor despise labor when performed by slaves. They pre
vent the emigration of whites, who really enrich and strengthen a
country. They produce the most pernicious effect on manners. Every
master of slaves is born a petty tyrant. They bring the judgment of
Heaven on a country. As nations cannot be rewarded or punished in
the next world, they must be in this. By an inevitable chain of causes
and effects. Providence punishes national sins by national calamities.
He lamented that some ofour Eastern brethren had, from a lust of gain,
embarked in this nefarious traffic. As to the States being in possession
of tho right to import, this was the case with many other rights, now to
be properly given up. He held it essential in every point of view, that
the General Government should have power to prevent the increase of
slavery. Mr. Ellsworth, as he had never owned a slave, could not judge of
the effects of slavery on character. He said, however, that if it was to
be considered in a moral light, we ought to go further and fi-ee those
already in the country. As slaves also multiply so fast in Virginia and
Maryland that it is cheaper to raise than import them, whilst in the
sickly rice swamps foreign supplies are necessary, if we go no further
than is urged, we shall be unjust towards South Carolina and Georgia.
Let us not intermeddle. As population increases, poor laborers will be
so plenty as to render slaves useless. Slavery, in- time, will not be a
speck in our country. Provision is already- made in Connecticut for
abolishing it. And the abolition has already taken place in Massachu
setts. As to the danger of insurrections from foreign influence, that
will become a motive to kind treatment of the slaves.
Mr. Pinckney. If slavery be wrong, it is justified by the example of
all the world! He cited the case of Greece, Rome and other ancient
States; the sanction given by France, England, Holland, and other
modern States. In all ages one half of mankind have been slave's. If
the Southern States were let alone, they will probably of themselves
stop importations. He would himself, as a citizen of South Carolina,
vote for it. An attempt to take away the right, as proposed, will pro
duce serious objections to the Constitution, which he wished to see
adopted. » , . -

34
Gen. Pinckney declared it to be his firm opinion that if himself and
all his colleagues were to sign the Constitution and use their personal
influence, it would be of no avail towards obtaining the assent of their
constituents. South Carolina and Georgia cannot do without slaves.
As to Virginia, she will gain by stopping the importations. Her slaves
will rise in value, and she has more than she wants. It would be
unequal, to require South Carolina and Georgia, to confederate on such
unequal terms. He said the Royal assent, before the Revolution, had
never been refused to South Carolina, as to Virginia. He contended
that the importation of slaves would be for the interest of the whole
Union. The more slaves, the more produce to employ the cariying
trade ; the more consumption also ; and the more of this, the more
revenue for the common freifsury. He admitted it to be reasonable that
slaves should be dutied like other imports ; but should consider a rejec
tion o'f the clause as an exclusion of South Carolina from the Union.
Mr. Baldwin had conceived national objects alone to be before the
Convention; not such as, like the present, were of a local nature.
Georgia was decided on this point. That State has always hitherto
supposed a General Government to be the pursuit of the central States,
who wished to have a vortex for everything ; that her distance -would
preclude her, from equal advantage ; and that she could not prudently
purchase it by yielding national jiowers. From this it might he under^
stood, in what light she would view an attempt to abridge one of her
favorite prerogatives. If left to herself, she may probably put a stop to
the evil. As one ground for this conjecture, he took "notice of-the sect
of  ; which he said was a respectable class of people, who carried
their ethics beyond the mere equality of men, extending their humanity
to the claims of the whole animal creation.
Mr. Wilson observed that if South Carolina and Georgia were them
selves disposed to get rid of the importation of slaves in a short time, as
had been suggested, they would never refuse to unite because the
importation might be prohibited. As the section now stands, all articles
imported are to be taxed. Slaves alone are exempt. This is in fact a
bounty on that article.
Mr. Gerry thought we had nothing to do -with the conduct of the
States as to slaves, but ought to be careful not to give any sanction to it.
Mr. Dickinson considered it as inadmissible, ou every principle of
honor and safety, that the importation of slaves should be authorized to the
States by the Constitution. The true question was, whether the national
happiness would be promoted or impeded by the importation ; and this
question ought to be left to the National Government, not to the States
particularly interested. If England and France permit slavery, slaves
are, at the same time, excluded from both those kingdoms. Greece and
Rome were made unhappy by their slaves. He could not believe that
the Southern States would refuse to confederate on the account appre
hended ; especially as the power was not likely to be immediately exer
cised by the General Government

35
.^Ir. WiLLUMSo- stated the law of North Carolina on tho subject, to
wit, that it did not directly prohibit the importation of slaves. It im
posed a duty of £5 on each slave imported from Africa ; £10 on each
from elsewhere ; and £50 on each from a State licensing manumission.
He thought the Southern States could not be members of the Union, if
the clause should be rejected ; and that it was wrong to force any thing
down not absolutely necessary, and which any State must disagi-ee to.
Mr. King thought the subject should be considered in a political light
only. If two States will not agree to the Constitution, as stated on one
side, he could affirm with equal belief, on the other, that great and
equal opposition would be experienced frora the other States. He re
marked on the exemption of slaves from duty, whilst every other import
was subjected to it, as an inequality that could not fail to strike the com
mercial sagacity of the Northern and Middle States.
Mr. Langdon was strenuous for giving the power to the General
Government. He could not, with a good conscience, leave it with the
States, who could then go on with the traffic, without being restrained by
the opinions here given, that they will themselves cease to import slaves.
Gen. Pinckney thought himself bound to declare candidly, that he
did not think South Carolina would stop her importations of slaves, in
any short time ; but only stop them occasionally as she now does. He
moved to commit tlio clause, that slaves might be made liable to an
equal tax with other imports; whicli he thought right, and which would
remove one difficulty that had been started.
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 second
ed the motion of Gon. Pinckney for a commitment
Mr. Gouverneur Morris wished tlie 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 tax
ing 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 impfied they were j»-ope?-<i/. 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 concernin"
taxes on exports should also be committed.
Mr. Sherman observed that that clause had boen agreed to ahd there
fore could not he committed.

36
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, ti-y the chance of a commitment.
Ou 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, Pennsyl
vania, Delaware, no — 3; Massachusetts absent.
Mr. Pinckney and Mr. Langdon moved to commit. Section 6, as to a
navigation act by two-thirds of each House.
Mr. Gorham did not see the propriety of it Is it meant to require a
greater proportion of votes ? He desired it to be remembered, that the
Eastern States had no motive to union but a commercial one. They
were able to. protect themselves. They were not afraid of external
danger, and did not need the aid of the Southei-n States.
Mr. Wilson wished for a commitment, in order to reduce the propor
tion of votes required.
Mr. Ellsworth was for taking the plan as it is. This widening of
opinions had a threatening aspect. If we do not agree on this middle
and moderate ground, he was afraid we should lose two States, wilh
such others as may be disposed to stand aloof; should fly into a variety
of shapes and directions, and most probably into several confedera
tions, - — and not without bloodshed.
On the question for committing Section 6, as to a navigation act, to a
member from each State, — Now Hampshire, Massachusetts, Pennsyl
vania, Delaware, Maryland, Virginia, North Carolina, South Carolina,
Georgia, aye — 9; Connecticut, New Jersej', no — 2.
The Committee appointed were Messrs. Langdon, King, Johnson,
Livingston, Clymer, Dickinson, L. Martin, Madison, Williamson,
C. C. Pinckney, and Baldwin. , ,
To this Commitiee were referred also the two clauses above men
tioned of the fourth and fifth Sections of Article 7. — pp. 1390 to 1397.
Friday, August 24,* 1787
In Convention, — Governor Livingston, from the committee of eleven,
to whom were refen-ed 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 Com
mittee, and insert, 'The migration or importation of such persons as the'
¦ several Slates, now existing, shall think proper lo admit, shall not be
prohibited by the Legislature prior lo the year 1800 ; but a lax or duty
may be imposed on such migration or importation, at a rate not exceed
ing the average of the duties laid on imports.'

37
" The fifth Section to remain as in the Report
"The sixth Section lo he stricken out" — p. 1415.
Saturday, August 25, 1787.
The Report of the Committee of eleven (see Friday, the iwenty-fouilh),
being taken up, —
Gen. Pinckney moved to strike out the words, " the year eighteen
hundred," as tlie year limiting the importation of slaves ; and to insert
the words, " tlie year eighteen hundred and eight"
Mr. Gorham seconded the motion.
Mr. Madison. Twenty years will produce all the mischief that can
be appreheuded from the liberty lo 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 al once,
"the unportation of slaves in North Carolina, South Carolma, 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 Constitu
tion was a compliance with those States. If the change of language,
however, should be objected lo, by the members from "those States, he
should not urge it
Col. Mason was not against using the term " slaves," but against nam
ing North Carolina, South Carolina, and Georgia, lest it should give
offence to the people of those Stales.
Mr. Sherman liked a description belter 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 il 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 fi-om the Union.
Mr. Gouverneur Morris withdrew his motion.
Mr. Dickinson wished the clause to be confined lo the States which
had not themselves prohibited the importation of slaves ; and for that
purpose moved lo 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
» In the printed Journals, Connecticut, Virginia, and Georgia, voted in the afSimative
4

38
now existing shall lliink proper to admit, shall not be prohibited by the
Legislature prior lo the year 1808," —
New Hampshire, Massachusetts, Connecticut, Maryland, North Caro
lina, South Carolina, Georgia, aye — 7 ; New Jersey, Pennsylvania,- Dela
ware, Virginia, no — 4.
Mr. Baldwin, in order to restrain and more explicitly define, " the
average duly," moved lo strike out of the second part the words, " ave
rage of the duties laid on imports," and insert " common impost on arti
cles 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 il was so. Col. Mason. -Not to lax,
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 properly, but as a discouragement to the im
portation of them.
Mr. Gouverneur Morris remarked, that, as the clause now stands, it
implies that the Legislature niay tax freemen imported.
Mr. Sherman, in answer lo Mr. Gorham, observed, that the smallness '
of the duly showed revenue to be the object, not the discouragement of
the importation.
Mr. Madison thought il wrong to admit in the Constitution the idea
that there could be property in men. The reason of duties did not holdi
as slaves are not, like merchandize consumed, &c.
Col. Mason, in ans-iver to Mr. Gouverneur Morris. The provision,
as it stands, was necessary for the case of convicts, in order to prevent
the introduction of thera.
It was finally agreed, nem. con., to make the clause read : " but a lax
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.— ^. 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 questiori 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, -f being then taken up, the words, "high misdemeanor,"
were stmck out, and the words, " other crime," inserted, in order to
* lAtticle 14 was, — The citizens of each State shall be entitled to all privileges and ifn-
munities of citi-iiens in the several States. — Editor.]
t [Article 15 was, — Any person charged with treason, felony or high misdemeanor in anv ¦
State, who shall flee from justice, and shall be found in any other State, shall, on demand
of the Executive power of the Slate from which he fled, be delivered up and removed to the
State having jurisdiction of the offence. — EditoIv.]

39
comprehend all proper cases ; it being doubtful whether " high misde
meanor " had not a technical meaning loo limited.
Mr. Butler and Jlr. Pinck.xey moved to require " fugitive slaves and
servants to he delivered up like criminals."
Jlr. "N\'iLSON-. This would oblige the Executive of the State to do it,
at the public expense.
IMr. SiiERiiAN saw no more propriety in the public seizing and surren
dering 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 lo postpone the Report, in favor of the follow
ing proposition : " That no act of the Legislature for the purpose of
regulating the Coraraerce of the United Slates with foreign powers,
among the several Stales, shall be passed without the assent of two-
thirds of the members of each House." He remarked that there were
five distinct commercial interests. 4.
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* 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 Slates, would be reconciled to
this liberality. He had, himself, he said, prejudices against the Eastern
Stales before he came here, but would acknowledge that he had found
them as liberal and candid as any men whatever. — p. 1451.
Mr. Pinckney replied, that his , enumeration meant the five minute
interests. It still left the two gi-eat divisions of Northei-n and Southern
interests. Mr. Gouverneur Morris opposed the object of the motion as highly
injurious. — A navy was essential to security, particularly of the South
ern States; —
Sir. Williamson. As to the weakness of the Southern Stales, he
was not alarmed on that account The sickliness of theh- climate for
invaders would prevent their being made an object' He acknowledi'ed
that he did not think the motion requiiing two-thirds necessary in itself ;
* lie meant the permission to import slaves. An understanding on the two subjects of
natigalion 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.

40
because if a majority of the Northern States should pusli their regulations
too far, the Soutliem States would build ships for themselves ; but he
knew llie Southern people were apprehensive on this subject, and would
b,e pleased with ihc precaution.
Mr. Spaight was against the motion. The Southern States could at
any time save themselves from ojipiession, by building ships for their
owii use. — p. 1452.
Mr. Butler differed from those ¦\vho considered the rejectioii of the
motion as no concession on the part of the Southern States. He con
sidered the interest of these and of the Eastern States to be as different
. as the interests of Russia and Turkey. Being, notwithstanding, desir
ous 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
om- maritime strength. He stated the vulnerable situation of them all,
and of Virginia in particular.
Mr. Rutledge was against the motion of his colleague. At the worst,
a navigation act could bear hard a little while only on the Southern
States. As we are laying the foundation for a gTcat empire, we ought
to lake a permanent view of the subject, and not look at the present
moraent only.
Mr. Gorham. The Eastern States were not led lo sti-engthen the
Union by fear for their own safety.
He deprecated the consequences of disunion ; but if it should lake
place, il was the Southern part of the Continent that had most reason lo
diead tliem.
On the question to postpone, in order to take up Mr. Pinckney's
motion, —
Mai-yland, Virginia, North Carolina, Georgia, aye — 4 ; New Hamp
shire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware,
South Carolina, no — 7. The Report of the Committee for striking out
Section 6, requiring two-thirds of each House to pass a navigation act,
was tlien agreed to, nem. con.
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 bo discharged from such sei-vice or labor, in
consequence of any regulations subsisting in the State to which they
escape, but shall be delivered up lo the person justly claiming their
service or labor," — which was agreed tp, nem. con. — p. 1454-5-6.
Thursday, August 30, 1787.
Article 18, being taken up, Z^..'
On a question for striking out "domestic violence," and inserting
"insurrections," it passed in the negative, — New Jersey, Vu-ginia, North
Cai-olina, South Carolina, Georgia, aye — 5; New Hampshire, Massa
chusetts, Connecticut, Pennsylvania, Delaware, Maryland, no — 6. —
pp. 1466-7. - ' ^

41 Monday, September 10, 1787.
Mr. Rutledge said he never could agree to give a power by which
the iirtioles relating lo slaves might be altered by the States not interest
ed in that projicrty, and prejudiced against it. In order to obviate this
objection, llicse words were adilf d to the proposition : "provided that no
amciidnicuts, which may be made prior to the year 1808 shall in any
manner affect the fourth and fifth sections, of the seventh Article." — p,
1530. Thursday, September 13, 1787.
^ Article 1, Section 2. On motion of Mr. R.indolph, the word "servi
tude " was struck out, and " service " unanimously * inserted, the former
being thought to express the condition of slaves, and the latter the
obligations of free persons. ,
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 lo 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
no^v be referred lo the object of direct taxes, and incidentally only to
that of representation.
On the motion to strike out, "and direct taxes," from this place, —
New Jersey, Delaware, Maryland, aye — 3; New Hampshire, Massa
chusetts, Counecticut, Pennsylvania, Virginia, North Carolina, Soudi
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 diought the
term legal equivocal, and favoring the idea that slavery was legal in a
moral view. — p. 1589.
3Ir. Gerry staled 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 lo be represented, as if they were freemen. — p. 1595.

LIST OF MEMBERS
OF TIIE FEDERAL CONVENTION WHO FORMED THE CONSTITUTION OF
THE UNITED STAT^lS.
From Attended.
New Hampshire, 1 John Langdon, July 23, 1787.
John Pickering,
'2 Nicholas Gilman, " 23.
Benjamin West.
Massachusetts, F-aneis Dana,
Elbridge Gerry, ' May 29.
3 Nath'l Gorham, « 28.
4 Rufus King, " 25.
» See page 372 of the printed journal. Y.^
4*

43

From
Massachusetts, Rhode Island,
Coimecticut,New York,
New Jersey,

Pennsylvania,

Delaware,

Maryland,

Vurginia,

North Carolma,

Soutli Carolina,

Caleb Strong,
(No appointment.)
5 W. S. Johnson,
6 Roger Shoriiian,
Oliver Ellsworth,
Robert Yates,
7 Alex'r Harailton,
John Lansing,
8 Wm. Livingston,
9 David Brearly,
Wm. C. Houston, _
10 Wm. Patterson,
John JVielson,
Abraham Clark.
11 Jonathan Dayton,
12 Benj. Franklin,
13 Thos. Mifflin,
14 Robert Morris,
15 Geo. Clymer,
16 Thos. Fitzsimons,
17 Jared Ingersoll,
18 James Wilson,
19 Gouv'r Morris,
20 Geo. Reed,
21 G. Bedford, Jr.
22 John Dickenson,
23 Richard Bassett,
24 Jacob Broom,
25 James M'Henry,
26 Daniel of St Tho.
Jenifer, •
27 Daniel Carroll,
John F. Mercer,
Luther Martin,
28 G. Washington,
Patrick Henry, (declined,
Edmund Randolph,
29 John Blair,
30 Jas. Madison, Jr.
George Mason,
¦ George Wythe,
James McClurg, (in
room P. Henry)
Rich'd Caswell, (resigned),
Alex'r Martin,
Wm. R, Davie,
31 Wm. Blount (in room
of R.Caswell),
Jfillie Joiies, (declined).
32 R. D. Spaight,
33 Hugh Williamson, (in
room of W. Jones,)
34 John Rutledge,
35 Chas. C. Pinckney,
36 Chas. Pinckney,
37 Peirce Butler,

Attended.
May 28.

June

2.

May

30.29.

u

25.

((

25.

June

2.

«

5.

May 25.
May 25.
do.

June 21.

May 28.
do.

May

25.28.

u

25.

it

28.

ft

25.

tt

25.

tt '

25.

tt

28.

tt

28.

tt

25.

"

25.

tt

29.

June

2.

July
Aug.

9.6.

June

9.

May
\

25.

)

25.

tc

25.

tl

25.

«

25.

u

25.

(C

25.

"May 25.
" 25.

June 20.
May 25.
May 25.
" 25.
" 25.
" 25.
•' 25.

43
From Attended.
Georgia, 38 William Few, iMay 2,-..
39 Abi-'m Baldwin, Juno 11.
William Pierce, IMay 31.
George Jl'alton.
Wm. Houston, June 1.
^Tath'l Pendhton.
Those with numbers before theh- names signed the Consti
tution.
Those in italics never attended. 10
Members who attended, but did not sign the Constitution, 16

39

— 65

E-xtracts from a speech of Luther Martin, (delivered before the
Legislature of Maryland,) one of the delegates from Maiyland lo
the Convention that formed the Constitution of the United States.
With respect lo tliat part of the second section of the frst Article,
which relates to die apportionment of representation and direct taxation,
there were considerable objections made to it, besides the great objec
tion 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 pro
portion as that State violated the rights of freedom — That it might be
proper lo take slaves into consideration, when taxes were to be appor
tioned, because il had a tendency lo discourage slavery; but lo take
them into account in giving representation tended to encourage the slave
trade, and to make il the interest of the States to continue that infamous
traffic — That slaves could not be taken into accoimt as men, or citizens,
because they were not admitted lo the rights of citizens, in the States
w-hich adopted or continued slavery — If they were to be taken into
account as property, it was asked, what peculiar cu-cumstance 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 gov
ernment 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 il 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 Stales now existing, shall think proper lo admit, shall not
be prohibited prior lo the year 1808, but a duly may be imposed on such
importation, not exceeding ten dollai-s 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

44
"stamps," influenced them here lo 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 expressions signified;
and hence it is that the clause is so -worded as really lo authorize the
, general government to impose a duty of ten dollars on every foreigner
who comes into a Slate to become a citizen, whether he comes abso
lutely free, or qualifiodly so as a servant ; although this is contrary to
the design of the framers, and the duly 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 prohibit
ed, 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 Slates would never agree to a system, which put it in the
power of the general government lo 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 commitiee also was referred the following proposition, which had
been reported by the coramittee of detail, lo 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 lo retain, lest their comraerce should be placed too
much under the power of the Eastern States ; but which these last
States were as anxious lo reject. This coramittee, of which also I had
the honor to be a member, met and took under their consideration the
subjects committed lo them. I found the Eastern States, notwithstand
ing their aversion to slavery, were very willing to indulge the Southern
Stales, at least with a temporai-y liberty to prosecute the slave trade,
provided the Southern Slates would in their turn gratify them, by laying
no restriction on navigation acts; and after a very little lime, the
commiitee, 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 lo be omitted.
' This report was adopted by a majority of the Convention, hut not '
without considerable opposition.
It was said, we had just assumed a place among independent nations
in consequence of our opposition lo the attempts of Great Britain to
enslave us ; that this opposition was grounded upon the preservation of

45
those rights lo which God and nature had entitled us, not in particidar,
but iu 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 ui forming our
government over a free people, a government formed protendedly on
the principles of liberty, aud for its preservation, — iu that government
to have a provision not only putting it out of its power lo restrain and
prevent the slave li-ade, even encouraging that most infamous traffic, by
giving the States the power and influence in the Union in proportion as
diey cruelly and wantonly sported with the rights of their fellow-
creatures, ought to bo 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 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 ti-ade,
and thus giving it a national sanction, and encouragement, ought lo be
considered as justly exposing us to the displeasure and vengeance of
him who is equally Lord of all, aud who views with equal eye the
poor African slave and his American master!
Il was urged that by this system, we were giving the general goveru-
meiil full and absolute power lo regulate commerce, under which general
power il would have a right to restrain, or totally prohibit, the slave trade :
it must, therefore, appear lo the world absurd and disgraceful lo 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 conlrary, we ought rather to pro
hibit 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 abo
lition of slavery, and the emancipation of the slaves which are already
in the States. That slavery is inconsistent with the genius of republican
ism, and has a tendency lo destroy those principles on which it is sup
ported, as it lessens the sense of the equal rights of mankind, and habit
uates us to tyranny 'and oppression. It was further urged, that, by this
system of government, evei-y State is lo 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 im
portation of slaves, since, in proportion as the number of slaves are in
creased 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 il be able lo proiect itself against either, and therefore -will by
so much the more want aid frora, and be a burden lo, the Union.
It was further said, that, as in this systeni we were giving the general

46
government a power, under the idea of national character, or national
interest, lo regulate even our -sveights and measures, and have prohibited
all possibility of emitting paper money, and passing insolvent laws, &c.,
it must appear still more extraordinary, that wo should prohibit the gov-^
ernment from interfering with the slave trade, than which nothing coidd
so materially affect both our national honor and interest
These reasons influenced me, both on the committee and iri conven
tion, most decidedly to oppose and vote against the clause, as il now
makes part of the system.
You will perceive, sir, not only that the general government is prohib
ited fi-om 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 im
portation of slaves is permitted until the year eighteen hundred and
eight, it will not be prohibited afterwards. At this lime, we do not gen
erally hold this conimerce 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 our
selves, 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 detes
table 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 cor
pus act in those cases, il 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 insm-rection 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 vifews,
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 ex
cite 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 faraily, their
fiiends, and their every connexion. These considerations induced me,
sir, to give my negative also to this clause. '

47

EXTRACTS FROM
DEBATES IN THE SEVERAL STATE CONVENTIONS
OH 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 miscon
ception of this section. It is a principle of this Constitution, that repre
sentation and taxation should go hand in hand. This paragraph states,
that the number of free persons shall be determined, by adding to the
whole number of free persons, including those bound lo 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 lo 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 horn free were to be considered
as freemen ; and to make the idea of taxation by numbers more intelligi
ble, said that five negro children of South Carolina, are to pay as much
tax as the three Governors of New Hampshire, Massachusetts, and Con
necticut Mr. Gorham ihought the proposed section ranch in favor of Massachu
setts ; and if il operated against any State, it was Pennsylvania, because
they have more white persons hound than any other.
Judge Dana, in reply to the remark of some gentlemen, that the south-
em Slates 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,
ibanjive 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 i-ule that works
both ways — and the gentleman shoidd also have told us, that three of'
our infants in the cradle, are to be rated as highas five of the working
negroes of Virginia. Mr. N, adverted to a statement of Mr. Kino, who

48
had said, that five negro children of South Carolina were equally rate
able as three governors of New England, and wished, he said, the honor
able genlleman had considered this question upon the other side — as it
would tlien appear that this State will pay as great a tax for three chil
dren 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 il 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 sori-y to hear so many objections raised against
the paragraph under consideration. He thought them wholly unfounded ;
that the black inhabitants of the southern Stales must be considered
either as slaves, and as so much property, or in the character of so many
freemen ; if the former, why should diey not be wholly represented ? Our
own State laws and Constilution would lead us tp consider those blacks
as freemen, and so indeed would our own ideas of natural justice : ifj
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 lo the ¦
conlrary. He thought, however, that gentlemen would do well to con
nect 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 fen 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 lo abolish slavery, by
an act of Congress, in a moment, and so destroy what our southern breth
ren 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. ^
Mr. Neal (from Kitlery,) went over the gi-ound of objection to this
section on the idea I'hat the slave trade was allowed lo be continued for
. 20 years. His profession, he said, obliged him to bear witness against
any thing that should favor the making merchandise of the bodies of
men, and unless his objection was removed, he could not put his hand
to the Constitution. Other gentlemen said, in addition lo this idea, that
there was not even a proposition that the negroes ever shall be free, and'
Gen. Thompson exclaimed :
Mr. President, shall it be said, that after we have established our own
independence and freedom, we make slaves of others.' Oh ! Washing
ton, what a name has he had ! How he has immortalized himself! but
he holds those in slavery who have a good right to be free as he has —
he is still for self; and, in my opinion, his character has sunk 50 per cent.
On the other side, gentlemen said, that the step taken in this article

49
towards the abolition of slavery, was one of the beauties of the Consti
tution. They observed, that in the confederation there was no provision
whatever for its ever being abolished ; hut this Constitution provides, th^:
Congress raay, after SO years, totally annihilate the slave trade ; and that,
as all the States, except two, have passed laws to this effect, it might
reasonably be expected, that it would then be done. In the interira, all
the States were al liberty to prohibit it. (
Saturday, January 26. — [The debate on the 9th section still contin
ued desultory — and consisted of similar objections, and answers there
to, as had before been lised. Both sides deprecated the slave trade in
the most pointed terms ; on one side it was pathetically lamented, by
Mr: Nason, Major Lusk, Mr. Neal, and others, that this Constitution
provided for the continuation of the slave trade for 20 years. On the
other, the honorable Judge Dana, Mr. Adams and others, rejoiced that a
door was now to be opened for the annihilation of this odious, abhor
rent practice, in a certain time,]
Gen. Heath. Mr. President, — By my indisposition and absence, I
have lost several important opportunities : I have lost the opportunity of
expressing my sentiments wilh a candid fi-eedom, on some of the para
graphs of the system, which have lain heavy on my mind. I have lost
the opportunity of expressing my wai-m approbation on some of the para
graphs. I have lost the opportunity of hearing those judicious, enlighten
ing and convincing arguments, which have been advanced during the in
vestigation of the system. This is my misfortune, and I must bear, it
The paragraph respecting the migration or iraportation of such persons
as any of the States now existing shall think proper to admit, &c., is one
of those considered during my absence, and I have^ard nothing on the
subject, save what has been mentioned this morning ; hut I think the gen
tlemen who have spoken, have carried the matter rather too far on both
sides. I apprehend that it is not in our power to do any thing for or against
those who are in slavery in the southern States. No genlleman within
these walls detests every idea of slavery more than I do : it is generally
detested by the people of this Commonwealth ; and I ardently hope that
the lime will soon corae, when our brethren in the southern Stales will
view it as we do, and put a slop to it ; but to this we have no right to
compel them. Two questions naturally arise : if we ratify the Consti-
tutioii, shall we do any thing by our act to hold the blacks in slavery 
or shall we become the partakers of other men's sins .' I think neither
of them. Each State is sovereign and independent to a certain degree
and they have a right, and will regulate their own internal affairs as to
themselves appears proper; and shall we refuse to eat, or to drink or to
be united, with those who do not think, or act, just as we do .' surely not
We are not in this case partakers of other men's sins, for in nothing do
we voluntarily eucourage the slavery ofour fellow-men ; a restriction is
laid on the Federal Government, which could not be avoided, and a union
take place. The Federal Convention went as far as they could • tlie mi-
6

50
gration or importation, &c., is confined to the States, now existing only,
new Slates cannot claim it Congress, by their ordinance for erecting
new States, some time since, declared that the new States shall be re
publican, and that there shall be no slavery in them. But whether those
in slavery in the southern States will be emancipated after the year 1808,
I do not pretend to determine : I rather doubt il.
Mr. Neal rose and said, that as the Constitution at large, was now
under consideration, he would just remark, that the article which re
spected the Africans, was the one which laid on his mind — and, unless
his objections to that were removed, it must, how much soever be liked
the other parts of the Constitution, be a sufiicient reason for hira lo give
his negative to it.
, Major Lusk concurred in the idea already thrown out in the debate,
that although the insertion of the amendments in the Constitution was
devoutly wished, yet he did not see any reason to suppose they ever
would be adopted. Turning from the subject of amendments, the Ma
jor entered largely into the consideration of the 9th section, and in the
most pathetic and feeling manner, described the miseries of the poor
natives of Afi-ica, who are kidnapped and sold for slaves. With the
brightest colors he painted their happiness and ease on their native
shores, and contrasted them wilh their wretched, miserable and unhappy
condition, in a slate of slavery.
Rev. Mr. Backus. Much, sir, hath been said about the importation of
slaves into this country. I believe that, according lo my capacity, no
man abhors that wicked practice more than I do, and would gladly make
use of all la^vful means towards the abolishing of slavery in all parts of
the land. But let us consider where we 'ite,%nd what we are doing.
In the articles of confederation, no provision was made to hinder the
importation of slaves into any of these States: but a door is now opened
hereafter to do it ; and each Slate is at liberty now lo abolish slavery as
soon as they please. And let us remember our former connexion with
Great Britain, from whom many in oiir land think we ought not lo have
revolted. How did they carry on the slave trade I I know that the Bishop
of Gloucester, in an annual sermon in London, in February, 1766,
endeavored lo justify their tyrannical claims of power over us, by casting
the reproach of the slave trade upon the Americans. But at the close
of the war, the Bishop of Chester, in an annual sermon, in February,
1783, ingenuously owned, that their nation is the most deeply involved
in the guilt of that trade, of any nation in the world ; and also, that they
have treated their slaves in the West Indies worse than the French or
Spaniards have done theirs. Thus slavery grows more and more odious
through the world; and, as an honorable genlleman said some days ago;
,« Though we cannot say that slavery is struck with an apoplexy, yet we
may hope it will die with a consumption." And a main source, sir, of
that iniquity, hath been an abuse of the covenant of circumcision, which
gave the seed of Abraham to destroy the inhabitants of Canaan, and to

SI
take their houses, vineyards, and all their estates, as their own ; and also
to buy and hold others as servants. And as Christian privileges are
greater than those of the Hebrews were, many have imagined that they
had a right to seize upon the lands of the heathen, and to destroy or en
slave them as far as they could extend their power. And from thence
the mystery of iniquity, carried many into the practice of making mer
chandise of slaves and souls of men. But all ought to remember, that
when God promised the land of Canaan lo Abraham and his seed, he
let him know that they were not lo lake possession of that land, until the
iniquity of the Amorites was full ; and then they did it under the imme
diate direction of Heaven ; and they were as real executors of the judgment
of God upon those heathens, as any person ever w-as an executor of a crim
inal justly conderaned. And in doing it they were not allowed to invade
the lands of the Edomites, who sprang from Esau, who was not only of
the seed of Abraham, but was born at the same birth with Israel; and
yet they were not of that church. Neither were Israel allowed to in
vade the lands of the Moabites, or of the children of Ammon, who were
of the seed of Lot And no ofiicer in Israel had any legislative power,
but such as were immediately inspired. Even David, the man after
God's own heart, had no legislative power, but only as he was inspired
from above: and he is expressly called a prophet in the New Testament
And we are to remember that Abraham and his seed, for four hundred
years, had no warrant to admit any strangers into that church, but by
buying of him as a servant, with money. And it was a great privilege
to be bought, and adopted into a religious family for seven years, and
then to have their freedom. And that covenant was expressly repealed
in various parts of the New Testament ; and particularly in the first
epistle to the Corinthians, wherein it is said — Ye are bought with a
price ; therefore glorify God in your body, and in your spirit, which are
God's. And again — Circumcision is nothing, and uncircumcision is
nothing, but keeping of the commandments of God. Ye are bought
wilh a price ; be not ye the servants of men. Thus the gospel sets all
men upon a level, very conlrary to the declaration of an honorable gen
tleman in this house, " that the Bible was contrived for the advantage of
a particular order of men." - ¦
NEW YORK CONVENTION.
Mr. M. Smith. He would now proceed to state his objections to the
clause just read, (section 2, of article 1, clause 3). His objections were
comprised under three heads: 1st, the rule of apportionment is unjust;
2d, there is no precise number fixed on, below which the hou^e shall not
be reduced ; 3d, it is inadequate. In the first place, the rule of appor
tionment of the representatives is to be according to the whole number
of the white inhabitants. With three-fifths of all others ; that is, in plain
English, each Stale is to send representatives in proportion to the num
ber of freeraen, and three-fifths of the slaves it contains. He could not
see any rule by which slaves were to be included in the ratio of repre-

52
sentation ; — the principle of a representation being that every free agent
should be concerned in governing himself, it was absurd lo give that
power to a man who could not exercise it — slaves have no will of their
own: the verj' operation of it was to give certain privileges to those peo
ple who were so wicked as to keep slaves. He knew it would be ad
mitted, that this nde of apportionment was founded on unjust princi
ples, but that it was the result of accommodation ; which, he supposed,
we should be under the necessity of admitting, if we meant to be in
union wilh the southern States, though utterly repugnant lo his feelings.
Mr. Hamilton. In order that the committee may understand clearly
the principles on which the General Convention acted, .Tthink il neces
sary lo explain some preliminary circumstances.
Sir, the natural situation of this country seems lo divide its interests
into diflSjrent classes. There are navigating and non-n.avigating States —
the Northern are properly the navigating Stales : the Southern appear to
possess neither the means nor the spirit of navigation. This difference
of situation naturally produces a dissimilarity of interest and views re--
specting fijreign commerce. It was the interest of the Northern Stales
that there should be no restraints. on their navigation, and that they should
have full power, by a majority in Congress, to make commercial regula
tions in fiivor of their own, and in restraint of the navigation of foreign
ers. The Southern Slates -ivished to impose a restraint on the North-
, ern, by requiring that two-thirds in Congress should bo requisite to pass
an act in regulation of coraraerce : they were apprehensive that the re
straints of a navigation law would discourage foreigners, and by obliging
them to employ the shipping of the Northern Slates would probably en
hance their freight This being the case, they insisted strenuously on
having this provision engrafted in the Constitution ; and the Northern
States were as anxious in opposing il. On the other hand, the small
States seeing themselves embraced by the confederation upon equal
terms, -wished to retain the advantages which they already possessed :
the large States, on the contrai-y, ihought it improper that Rhode Island
and Delaware should enjoy an equ.al suflS-age wilh themselves : from
these sources a delicate and difficult contest arose. Il became necessa
ry, therefore, to comproraise ; or the Convention must have dissolved
without effecting any thing. Would it have been wise and prudent in
that body, in this critical situation, to have deserted their country? No.
Every raan who hears me — every wise man in the United States, would
have condemned them. The Convenlion were obliged to appoint a
commitiee for accommodation. Iri this committee' the arrangement was
formed as it now stands ; and their report was accepted. Il was a deli
cate point; and it was necessary that all parties should be indulged.
Gentlemen will see, that if there had not been a unanimity, nothing
could have been done : for the Convention had no power to establish,
but only to recommend a government Any other system would have
been impracticable. Let a Convention be called to-morrow — let them

53
meet twenty times ; nay, twenty thousand times ; they will have the
same difiiculties to encounter ; the same clashing interests to reconcile.
But dismissing these reflections, let us consider how far the arrange
ment is in itself entitled to the approbation of this body. We will ex
amine il upon its own merits.
The first thing objected lo, is that clause which allows a representa
tion for three-fifths of the negroes. Much has been said of the itiipro-
' priety of representing men, who have no will of their own. Whether
tliis be reasoning or declaraation, I will not presume to say. Il is the
unfortunate situation of the southern States, to have a great part of their
population, as well as property, in blacks. The regulations complained
of was one result of the spirit of accommodation, which governed the
Convention ; and without this indulgence, no union could possibly have
been formed. But, sir, considering sorae peculiar advantages which we
derived from them, il is entirely just that they should be gratified. The
southern Stales possess certain staples, tobacco, rice, indigo, &c., which
must be capital objects in treaties of comraerce wilh foreign nations ; and
the advantage which they necessarily procure in these treaties will be
fell throughout all the States. But the justice of this plan will appear
in another view. ' The best writers on government have held that repre
sentation should bo compounded of persons and property. This rule
has been adopted, as far as il could be, ip the Constilution of New York.
Il will, however, by no means, be admitted, that the slaves are consider-
. ed altogether as property. They are men, though degraded to the con
dition of slavery. They are persons known to the raunicipal laws of the
States which they inhabit as well as to the laws of nature. But represent
ation and taxation go together — and one uniforra rule ought to apply
to both. Would it be just to corapute these slaves in the assessment of
taxes, and discard them from the estimate in the apportionment of rep
resentatives ? Would it be just to impose a singular burthen, without con
ferring some adequate advantage ?
Another circurastance ought to be considered. The rule we have
been speaking of is a general rule, and applies to all the States. Now,
you have a great nuraber of people in your State, which are not repre
sented at all; and have no voice in your governraent: these will be in
cluded in the enumeration — not two-fifths — nor three-fifths, but the
whole. This proves that the advantages of the plan are not confined to
the southern States, but extend to other parts of the Union. '
Mr. M. Smith. I shall raake no reply to the arguraents offered by the
honorable genlleman lo justify the rule of apporliooment fixed by this
clause : for though I ara confident they might be easily refuted, yet I am
persuaded we must yield this point, in accommodation to the southern
States. The amendraent therefore proposes no alteration to the clause
in this respect
Mr. Harrison. Among the objections, that, which has been made tb
the mode of apportionment of representatives, has been relinquished.
6* ¦ * , - ¦ . ¦ '

54
1 think this concession does honor to the gentleman who had stated the
objection. He has candidly acknowledged, that this apportionment was
the result of accommodation; without which no union could have been
formed. PENNSYLVANIA CONVENTION.
Mr. Wilson. Much fault has been found with the mode of express
ion, used in the first clause of the ninth section of the first article. I
believe I can assign a reason, why that mode of expression was used,
and why the term slave was not admitted iii this Constitution — and as
to the manner of laying taxes, this is not the first time that the subject
has corae into the view of the United Slates, and of the Legislatures of
the several Slates. The gentleman, (Mr. Findley) will recollect, that in
the present Congress, the quota of the federal debt, and general expens
es, was to be in proportion to the value of land, and other enumerated
property, within the States. After trying this for a number of years, it
was found on all hands, to be a mode that could not be carried into ex
ecution. Congress were satisfied of this, and in the year 1783 recom
mended, in conformity with the powers they possessed under the arti
cles of confederation, that the quota should he according lo the nuraber
of free people, including those bound lo servitude, and excluding Indians
not taxed. These were the expressions used in 1783, and the fate of this
recommendation was similar lo all their other resolutions. Il was not
carried into effect, but it was adopted by no fewer than eleven, out of
thirteen States ; and it cannot but be matter of surprise, to hear gentle-:
men, who agreed to this very mode of expression at that tirae, come for
ward and state il as an objection on tho present occasion. It was natu
ral, sir, for the late convention, to adopt the mode after it had been agreed
to by eleven States, and to use the expression, which they found had
been received as unexceptionable before. Wilh respect to the'clause,
restricting Congress frora prohibiting thb migration or importation of
such persons, as any of the Slates now existing, shall think proper to
admit, prior to the year 1808. The honorable gentieraan says, that this
clause is not only dark, but intended to grant to Congress, for that time,
the power to admit the importation of slaves. No such, thing was in
tended ; but I will tell you what was done, and il gives me high pleasure,
that so much was done. Ujider the present Confederation, the States
may admit the importation of slaves as long as they please ; but by this
article, after the year 1808 the Congress will have power to prohibit such
importation, notwithstanding the disposition of any State to the contra-,
ry. I consider this as, laying the foundation for banishing slavery out of
this country; and though the period is more distant than I could wish,
yet it will produce the same kind, gradual change, which was pursued
in Pennsylvania. Il is with much satisfaction I view this power in the
general government, whereby they may lay an interdiction on this re
proachful trade ; but an immediate advantage is also obtained, for a tax
or duty may be imposed on such importation, not exceeding ten dollars

55
for each person ; and this, sir, operates as a partial prohibition ; it was
all that could be obtained, I am sori-j' it was no more ; but from this I
think there is reason lo hope, that yet a few years, and it will be prohib
ited altogether; and in the mean lime, the new States which are to be
forraed, will bo under the control of Congress in this particular ; and
slaves will never be introduced amongst them. The gentleman says,
that il is unfortunate in another point of view ; il raeans to prohibit the
introduction of while people frora Europe, as this tax may deter them
from coming amongst us ; a little impai-tiality and attention will discover
the care that the Convention took in selecting their language. The
words are the migration or importation of such persons, &c., shall not
be prohibited by Congress prior to the year 1808, but a tax or duty may
be imposed on such importation ; it is observable here, that tho term
migration is dropped, when a tax or duty is raentioned, so that Congress
have power to impose the tax only on those imported.
I recollect, on a former day, th'e honorable gentlemen from Westmore
land (Mr. Findlet,) and the honorable gentieraan from Cumberland (Mr.
Whitehill,) took exception against the first clause of the 9lh section,
art 1, arguing very unfairly, that because Congress might impose a tax
or duty of ten dollars on the importation of slaves, within any of the
United States, Congress might therefore perrait slaves to be imported
within this State, contrary to its laws. I confess I little thought that
this part of the system would be excepted lo.
I am sori-y that it could be extended no further; but so far as it
operates, it presents us with the pleasing prospect, that the rights of
mankind will be acknowledged and established throughout the union.
If there was no other lovely feature in the Constitution but this one, it
would diffuse a beauty over its whole countenance. Yet the lapse of a
lew years ! and Congress will have power to exterminate slavery fi-om
within our borders.
How would such a delightful prospect expand the breast of a benevo
lent and philanthropic European.' Would he cavil at an expression ?
catch at a phrase .' No, sir, that is only reserved for the gentleman on ,
the oilier side of your chair to do.
Mr. McKean. The arguments against the Constitution are, I think,
chiefly these :.....
That migration or imjportation of such persons, as any of the States.
shall admit, shall not be prohibited prior lo 1808, nor a lax or duty
imposed on such importation exceeding ten dollars for each person.
Provision is made that Congress shall have power to prohibit the
importation of slaves after the year 1808, but the gentlemen in opposi
tion, accuse this system of a crime, because it has not prohibited them
at once. I suspect those gentlemen are not well acquainted with the
business of the diplomatic body, or they would know that an aoreement
might he made, that did not perfectly accord -with the will and pleasure
of any one person. Instead of finding fault wilh what has been gained,
I am happy lo see a disposition in the United Stages to do so much.

56

VIRGINIA CONVENTION.
Gov. Randolph. This is one point of weakness. I wish for the
honor of my countrymen that it was the only one. There is another
circumstance which renders us more vulnerable. Are we not weaken
ed by the population of tliose whom we hold in slavery ? The day may
come when they may make impression upon us. Gentlemen who have
been long accustomed to the contemplation of the subject, think there is
a cause of alarm in this case : the number of those people, compared tb
that of the whiles, is in an immense .proportion : their number amounts
to236,000— that of the whites, only to 352,000. * * * I beseech
them to consider, whether Virginia and North Carolina, both oppressed
¦with debts and slaves, can defend themselves externally, or make their
people happy internally.
George Mason. We are told in strong language, of dangers to
which we will be exposed unless we adopt this Constitution. Araong
the rest, domestic safety is said to be in danger. This government does
not attend to our domestic safety. It authorizes the importation of
slaves for twenty-odd years, and thus continues upon us that nefarious
trade. Instead of securing and protecting us, the continuation of this
detestable trade adds daily to our weakness. Though this evil is in
creasing, there is no clause in the Constitution that will prevent the
Northern and Eastern States from meddling wilh our whole property of
that kind. There is a clause to prohibit the importation of slaves after
twenty years, but there is no provision made for securing to the South-
em States those they now possess. It is far from being a desirable
property. But il will involve us in great difficulties and infelicity to be
now deprived of them. There ought to be a clause in the Constitution
to secure us that property, which we have acquired under our former
laws, and the loss of which would bring rtiin on a great many people.
Mr. Lee. The honorable gentleman abominates it, because it does
not prohibit the importation of slaves, and because it does not secure
the continuance of the existing slavery! Is it not obviously inconsistent
to criminale.it for two contradictory reasons .' I submit il lo the con
sideration or the genlleman, whether, if it be reprehensible in the one
case, it can be censurable in the other ? Mr. Lee then concluded by
earnestly recommending to the committee lo proceed regularly.
Mr. Henrt. It says that " no state shall engage in war, unless ac
tually invaded." If you give this qlause a fair construction, what is the
true meaning of it ? What does this relate to.' Not doraestic insur-
recfions, but war. If the country be invaded, a State may go to war ;
¦but cannot suppress insurrections. If there should happen an insurrec
tion of slaves, the country cannot be said to be invaded. — They cannot
"therefore suppress it, without the interposition of Congress.
' Mr. George Nicholas. Another worthy member says, there is no
povver in the States to quell an insurrection of slaves. Have they it

57
now ? If they have, docs the Constitution take it away ? If it does, it
must be in one of the three clauses which have been mentioned by the
worthy member. The first clause gives the general government power
to call them out when necessary. Docs this take it away from the
States ? No. But it gives an additional security : for, besides the power
in the Stale governments to use their own militia, it will be the duty of
the general government .to aid them with the strength of the Union
when called for. No part of this Constitution can show that tliis power
is taken away.
Mr. George Mason. Mr. Chairraan, this is a fatal section, which has
created more dangers than any other. The first clause allows the
importation of slaves for twenty years. Under the royal government,
this evil was looked upon as a great oiipression, and niany attempts were
made lo prevent it ; but the interest of the African merchants prevented-
its prohUiition. No sooner did the revolution lake place, than it was
thought of. It was one of the great causes ofour separation from Great
Britain. Its exclusion has been a principal object of this State, and
most of the States in the Union. The augmentation of slaves weakens
the States ; and such a trade is diabolical in itself, and disgraceful lo
mankind. JYet, by this Constitution, it is continued for twenty years.
As much as I value an union of all the Slates, I would not admit the
Southern States into the Union, unless they agreed to the discontinuance
of this disgraceful trade, because il would bring weakness and not
strenglh to the Union. And though this infamous traffic he continued,
we have no security for the property of that kind'which we have already.
There is no clause in this Constitution lo secure it; for tliey may lay
such tax as will amount lo manumission. And should the government
be amended, still this detestable kind of commerce cannot be discon
tinued till after the expiration of twenty years. For the fifth article,
which provides for amendments, expressly excepts this clause. I have
ever looked upon this as a most disgraceful thing to America, I cannot
express my detestation of it Yet they have not secured us the property
of the slaves we have already. So that, "they have done what they
ought not to have done, and haye left undone -what they ought to have
done." Mr. Madison. Mr. Chairraan, I should conceive this clause to be
impolitic, if it were one of those things which could be excluded with
out encountering greater evils. The Southern States would not have
entered into the union of America, without the teraporary permission
of that trade. And' if they were excluded from the union, the conse
quences raight be dreadful to thera and lo us.' We are not iu a worse
situation than before. That traflic is prohibited by our laws, and we
may continue the prohibition. The union in general is not in a worse
situation. Under the articles of confederation, it might be continued
forever: but by this clause an end may be put to it after twenty vears.
There is, therefore, an amohoration of our circumstances. A tax' may

' 58
be laid in the mean time ; but it is limited, otherwise Congress might
lay such a tax as w-ould amount to a prohibition. From the mode of
representation and taxation, Congress cannot lay such a lax on slaves as
will amount to manumission. Another clause secures us that property
which we now possess. At present, if any slave elopes lo any of those
States where slaves are free, he becomes eraancipated by their laws.
For the laws of the States are uncharitable lo one another in this re- •
spect But in this Constitution, "no person held to service, or labor, in
one State, under the laws thereof, escaping into another, shall, ia conse
quence of any law or regulation therein, be discharged frora such service
or labor; but shall be delivered up on claim of the party to whom such
service or labor raay be due." This clause was expressly inserted to
enable owners of slaves to reclaim them. This is a better security than
any that now exists. No power is given to the general government to
interpose wilh respect to the property in slaves now held by the States.
The taxation of this State being equal only to ils representation, such a
tax cannot be laid as he supposes. They cannot prevent the importa
tion of slaves for twenty years ; but after that period, they can. The
gentlemen from South Carolina and Georgia argued in this manner:
" We have now liberty to import this species of property, and much of
the property now possessed, has been purchased, or otherwise acquired,
in contemplation, of improving il by the assistance of imported slaves.
What would be the consequence of hindering us from it? The slaves
of Virginia would rise in value, and we would be obliged to go to your
markets." I need not expatiate on this subject Great as the evil is, a
dismemberment of the union would be worse. If those States should
disunite frora the other States, for not including them in the temporary
continuance of this traffic, they might solicit and obtain aid from foreign
powers. ,
Mr. Ttler warraly enlarged on the irapolicy, iniquity, and disgrace-
fulness of this wicked traffic. He thought the reasons urged by gentle
men in defence of it were inconclusive, and ill founded. It was one
cause of the complaints against British tyranny, that this trade was per
mitted. The Revolution had put a period to it ; but now it was to be
revived. He thought nothing could justify it This temporary restric
tion on Congress militated, in his opinion, against the arguments of
gentlemen on the other side, that what was not given up, was retained
by the States; for that if this restriction had not been inserted, Congress
could have prohibited the African trade. The power of prohibiting it
was not expressly delegated to them ; yet they would have had il by
implication, if this restraint had not been provided. This seemed to
him to demonstrate most clearly the necessity of restraining thera by a
bill of rights, from infringing our unalienable rights. It was immaterial
whether the bill of rights was by itself, or included in the Constitution.
But he contended for it one way or the other. It would be justified by
our own example, and that of England. His earnest desire was,. that it

59
should be handed down to posterity, that he had opposed this wicked
clause. Mr. Madison. As to the restriction in the clause under consideration,
it was a restraint on the exercise of a power expressly delegated to
Congress, namely, that of regulating commerce wilh foreign nations.
/ Mr. Henry insisted, that the insertion of these restrictions on Con
gress, was a plain demonstration that Congress could exercise powers
by implication. The genderaan had admitted that Congress could have
interdicted the African trade, were it not for this restriction. If so, the
power not having been expressly delegated, must be obtained by impli
cation. He demanded where, then, was their doctrine of reserved
rights ? He wished for negative clauses lo prevent them from assuming
any jjowers but those expressly given. He asked why it was moiled lo
secure us that . property in slaves, which we held now ? He feared ils
omission was done wilh design. They might lay such heavy taxes on
slaves, as would amount to emancipation ; and then the Southern States
would be the only sufferers. His opinion was confirmed by the mode
of levying money. Congress, he observed, had power to lay and collect
taxes, imposts, and excises. Imposts (or duties) and excises, were to be
uniform. But this uniformity did not extend to taxes. This might
compel the Southern States lo liberate their negroes. He wished this
property therefore to be guarded. He considered the clause which had
been adduced by the genlleman as a security for this property, as no,
security at all. It was no more than this — that a runaway negro could
be taken up in Maryland or New- York. This could not prevent Con
gress from interfering wilh that property by laying a grievous and
enormous lax on it, so as to compel owners to emancipate their slaves
rather than pay the tax. He apprehended it would be productive of
much stockjobbing, and that they would play into one another's hands
in such a manner as that this property would be lost to the country.
Mr. George Nicholas wondered that gentlemen who were against
slavei-y, would be opposed lo this clause ; as after that period the slave
trade, would be done away. He asked, if gentlemen did not see the in
consistency of their arguments ? They object, says he, to the Constitu
tion, because the slave trade is laid open for twenty-odd years ; and yet
tell you, that by some latent operation of it, the slaves who are so now,
will be manumitted. At the same moment, it is opposed for being pro
motive and destructive of slavery. He contended that il was advantage
ous to Virginia, that it should be in the power of Congress to prevent
the importation of slaves after twenty years, as it would then put a pe
riod to the evil complained of
As the Southern Stales would not confederate without this clause, he
asked, if gentlemen would rather dissolve the confederacy than to suffer
this temporary inconvenience, admitting it to be such .' Virginia might
continue the prohibition of such importation during the intermediate pe
riod, and would be benefitted by it, as a tax often dollars on each slave

60
might bo laid, of which she would receive a share. Ho endeavored to
obviate the objection of gentlemen, that the restriction on Congress was
a proof thai they would have power not given them, by remarking, that
they would only have had a general superintendency of trade, if the re
striction had not been inserted. But the Southern Stales insisted on this
exception to that general superintendency for twenty years. It could
not therefore have been a power by implication, as the restriction was
an exception frora a delegated power. The taxes could not, as had been
suggested, be laid so high on negroes as to amount to emancipation ; be
cause taxation and representation were fixed according lo the census
established in the Constilution. The exception of taxes, from the uni
formity annexed lo duties and excises, could nbt have the operation con
tended for by the genlleman ; because other clauses had clearly and
positively fixed the census. Had taxes been uniform, it would have been
universally objected lo, for no one object could be selected without in,
volving great inconveniences and oppressions. But, says Mr. Nicholas,
is it from the general government we are to fear emancipation ? Gen
tlemen will recollect what I said in another, house, and what other gen
tlemen have said that advocated emancipation. Give me leave to say,
that that clause is a great security for our slave tax. I can tell the com
mittee, that the people of our country are reduced to beggary by the
taxes on negroes. Had this Constitution been adopted, it would not have-
been the case. The taxes were laid on all our negroes. By this system
two-fifths are exempted. He then added, that he had imagined gentle
men would not support here what they had opposed injanother place.
Mr. Henry replied; that though the proportion of each was to be fixed
by the census, and three-fifths of the slaves only were included in the
enumei-ation, yet the proportion of Virginia being once fixed, might be
laid on blacks and blacks only. For the mode of raising the proportion
of each State being lo be directed by Congress, they might make slaves
the sole object to raise it Personalities he wished to lake leave of: they
had nothing to do with the question, which was solely whether that
paper was wrong or not
Mr. Nicholas replied, that negroes must be considered as persons, or
property. If as property, the proportion of taxes to be laid on them was
fixed in the Constitution. If he apprehended a poll tax on negroes, the
Constitution had prevented it For, by the census, where a white man
paid ten shillings, a negro paid but six shillings. For the exemption of
two-fifths of thera reduced it to that proportion.
• The second, third, and fourth clauses, were then read as follows:
The privilege of the writ of halie^is corpus shall not be suspended, unless when in cases of
reliellion or bivasiun the public safety may require it. x
ilo bill of attainder or ex post facto law shall be passed.
No capitation or other direct tax shall be paid, unless in proportion to the census or enu-,
meration herein before directed to be taken.
'Mr. George Mason said, that gentienien might think themselves
secured by the restriction in the fourth clause, that no capitation or other

61.
direct tax should be laid but in proportion to the census before directed
lobe taken. But that when maturely considered it would be' found to
be no security whatsoever. It was nothing but a direct assertion, or
mere confirmation of the clause which fixed the ratio of taxes and rep
resentation. It only meant that the quantum to be raised of each State
should be in proportion to their numbers in the manner therein directed.
But the general government was not precluded from laying the propor
tion of any particular State on any one species of property they might
think proper. For instance, if five hundred thousand dollars were to be ,
raised, they might lay the whole of the proportion of the Southern
States on the blacks, or any one species of properly : so that hy laying
taxes too heavily on slaves, they might totally annihilate that kind of
property. No real security could arise from the clause which provides,
that persons held to labor in one State, escaping into another, shall he
delivered .up. This only meant, that runaway slaves should not b.e pro
tected in other Stales. As lo the exclusion of ex post facto laws, il could
not be said lo create any security in this case. For laying a tax on
slaves would not be expost facto.
Mr. Madison replied, that even the Southern Slates, who were most
affected, were perfectly satisfied Svilh this provision, and dreaded no
danger to the property they now hold. It appeared to him, that the
general government would not intermeddle with that property for twenty
years, but lo lay a lax on every slave iraported, not exceeding len dollars ;
and that after the expiration of that period they might prohibit the traffic
altogether. The census in the Constitution was intended lo introduce
equality in the burdens to be laid on the coramunity. No gentlemiui
objected to laying duties, iraposts, and excises, uniformly. But uniform
ity of taxes would be subversive to the principles of equality : for that
it was not possible to select any article which would be easy for one
State, but what would be heavy for another. That the proportion of
each State being ascertained, it would be raised by the general govern
ment in the most convenient manner for the people, and not by the
selection of any one particular object. That there must be some degree
of confidence put in agents, or else we must reject a state of civil society
altogether. Another great security to this property, which he raention
ed, was, that five States were greatly mterested in that species of prop
erty, and there were other States whicWhad some slaves, and had made
no attempt, or taken any step lo take them from the people. There
were a few slaves in New York, New Jersey and Connecticut : these
States would, probably, oppose any attempts to annihilate this species of
property. He concluded, by observing, that he would be glad to leave
the decision of this to the committee.
The second section was then read as follows : » » «
Ko person held to service or labor in one State, under the laws thereof, escaping into
another, shall, in consequence of any law or regulation therein, be discharged from such ser
vice or labor, but shall ba delivered up, on claim of the party to whom such service or labor
may be due.

62 r
Mr. George BIason. — Mr. Chairman, ou some former part of the
investigation of this subject, gentlemen were pleased lo make some ob-.
scrvatio'ns on the security of property coming within this section. Il
was then said, and I now say, that there is no security, nor have gentle
men convinced me of this.
/-'Mr. Henry. Araong ten thousand implied powers which they may
assume, they may, if we be engaged in war, liberate evei-y one of your
slaves if they please. And this must and will be done by men, a major
ity of whom have not a common interest with you. They will, there
fore, have no feeling for your interests. Il has been repeatedly said
here, that the great object of a national government, was national defence.
That power which is said lo be intended for security and safety, may be
rendered detestable and oppressive. If you give power to the general
government to provide for the general defence, the means must be
commensurate to the end. All the means in the possession of the
people must be given to the governmeiil which is entrusted wilh the
public defence. In this State there are 236,000 blacks, and there are
many in several other States. But there are few or none in the North
em Stales, and yet if the Northern Steles shall be of opinion, that our
numbers are numberless, they may call forth every national resource.
May Congress not say, that evei-y black man must fight .' Did we not
see a httle of this last war? We were not so hard pushed, as lo make
emancipation general. But acts of assembly passed, that every slave
who wotdd go to the army should be free. Another thing will con
tribute to bring this event about — slavery is detested — we feel its fatal
effects — we deplore it with all the pity of humanity. Let all these
considerations, at some future period, press with full force on the minds
of Congress. Let that urbanity, which I trust will distinguish America,
and the necessity of national defence, let all these things operate on
their minds, they will search that paper, and see if they have power of
manumission. And have they not, sir .' Have they not power to pro
vide for the general defence and welfare ? May they not think that
these call for the abolition of slavery ? May not they pronounce all
slaves free, and will they not be warranted by that power ? There is no
ambiguous implication or logical deduction. The paper speaks to the
point. They have the power in clear, unequivocal terms; and will
clearly and certainly exercise ilj As much as I deplore slavery, I See
that prudence forbids ils abolition. I deny that the general government
ought to, set them free, because a decided majority of the Stales have
not the ties of sympathy and fellow-feeling for those whose interest
would be affected by theh- emancipation. The majority of Congress is
to the North, and the slaves are to the South. In this situation, I see a
great deid of the property of the people of Virginia in jeopardy, and
their peace and tranquillity gone away. I repeat it again, that it would
rejoice my very soul, that every one of my fijllow-beings was emanci
pated. As we ought with gratitude to admire that decree' of Heaven,

63
which has numbered us among' the free, we ought to lament and deplore
the necessity of holding our fellow-men in bondage. But is il practica
ble by any human means, to liberate them, without producing the most
dreadful and ruinous consequences ? We ought to possess them in the
mannerwe have inherited them from our ancestors, as their manumis
sion is incompatible with the felicity of the country. But we ought to
soften, as much as possible, the rigor of tlieir unhappy fate. I know
that in a variety of particular instances, the legislature, listening to com
plaints, have admitted their emancipation. Let me not dwell on this
subject. I will only add, that this, as well as evei-y other property of
the people of Virginia, is in jeopardy, and put in the hands of those
who have no similarity of situation with us. This is a local matter, and
I can see no propriety in subjecting it to Congress.
Have we not a right to say, hear our propositions ? Why, sir, your
slaves have a right to make their humble requests. — Those who are in
the meanest occupations of human life, have a right to complain.
Cfov. Randolph. That honorable gentleman, and some others, have
insisted that the abolition of slavery will result from it, and at the same
time have complained, that it encourages its continuation. The incon
sistency proves in some degree, the futility of their arguraents. But if
il be not conclusive, lo satisfy the committee that there is no danger of
enfranchisement taking place, 1 beg leave to refer thera to the paper il-
self; I hope that there is none here, who, considering the subject in the
calra light of philosophy, will advance an objection dishonorable to Vir
ginia ; that at the moraent they are securing the rights of their cilizens,
an objection is started that there is a spark of hope, that those unfortu
nate men now held in bondage, raay, by the operation of the general
government, be made free. But if any gentleman be terrified by this
apprehension, let him read the system. I ask, and I will ask again and
again, till I be answered (not by declamation) where is the part that has
a tendency to the abolition of slavery ? Is it the clause which says, that
" the migration or importation of such persons as any of the States now
existing, shall think proper to admit, shall not be prohibited by Congress
' prior to the year 1808 .' " This is an exception from the power of regu
lating commerce, and the restriction is only to continue till 1808. Then"
Congress can, by the 'exercise of that power, prevent future importa
tions ; but does it affect the existing state of slavery ? Were it right
here to mention what passed in Convention on the occasion, I might tell
you that the Southern Stales, even South Carolina herself, conceived this
property to be secure by these words. I believe, whatever we may think
here, that there was not a member of the Virginia delegation who had
the smallest suspicion of the abolition of slavery. Go to their meaning.
Point out the clause where this formidable power of emancipation is in
serted. But another clause of the Constitution proves the absurdity of
the supposition. The words of the clause are, " No person held to ser
vice or labor in one State, under the laws thereof, escaping into another,

64
shall, in consequence of any law or regulation therein, be discharged
from such service or labor ; but shall be delivered up on claim of the
party to whom such service or labor may be due." Evci-y one knows
that slaves are held to service and labor. And when authority is given
to owners of slaves lo vindicate their jnopert}-, can it be sujiposed they
can be deprived of it.' If a citizen of this Stale, in consequence of this
clause, can take his runaway slave in Maryland, can it be seriously thought,
that after taking him and bringing him homo, he could be made free ?
I observed that the honorable gentleman's proposition comes in a truly
questionable shape, and is still more extraordinary and unaccountable for
another consideration ; that although we went article b}' article through
tlie Constitution, and although we did not expect a general review of the
subject, (as a most comprehensive view had been taken of it before it
was regularly debated,) yet we are carried back to the clause giving that
dreadful power, for the general welfare. Pardon rae if I remind you of
the true state of that business. I appeal to the candor of the honorable
gentleman, and if he thinks ¦ it an improper appeal, I ask the gentlemen
here, whether there be a general indefinite power of providing for the
general welfare .' The power is, " to lay and collect taxes, duties, im
posts, and excises, to pay the debts and provide for the common defence
and general welfare." So that they can only raise money by the§e means,
in order to provide for the genei-al welfare. No man who reads it can
say it is general as the honorable genlleman represents it. You must
violate every rule of construction and common sense, if you sever it from
the power of raising money and annex it to any thing else,' in order to
make it that formidable power which it is represented to be.
Mr. George 3Iason. . Mr. Chairman, with respect to commerce and
navigation, he has given it as his opinion, that their regulation, as it now
stands, was a sine qua non of the Union, and that without il, the States
in Convention would never concur. I differ from him. It never was,
nor in my opinion ever will be, a sine qua non of the Union. I will give
you, lo the best of my recollection, the history of that affair. This busi
ness was discussed at Philadelphia for four months, during which time
•the subject of commerce and navigation was often under consideration;
.and I assert, that eight States out of twelve, for more than three monthsi
voted for requiring two-thirds of the members present in each house to
pass comraercial and navigation laws. Tru^ it is, that afterwards it was
carried l)y a majority, as it stands. If I am right, there was a great ma
jority for requiring two-thirds of the States in this business, till a com
promise took place between the Northern and Southern States ; the
Northern Stales agreeing to the temjiorary importation of slaves, and the
Southern Stales conceding, in return, that navigation and commercial
laws should be on the footing on whicli they now stand. If I am mis
taken, let me be put right. These are my reasons for saying that this
was not a sine qua non of their concurrence. The Newfoundland fish
eries will require that, kind of security which we are now in want of.

65
The Eastern States therefore agreed at length, that treaties should require
the consent of two-thirds of the members present in the senate.
Mr. Madison. I was struck with surprise wheu I heard him express
himself alarmed with respect to tlie emancipation of slaves. Let me
ask, if they should even attempt it, if it will not be an usurpation of
power ? There is uo power to warrant it, in that paper. If there he, I
know it not But why shoidd it be done ? Says the honorable gentle
man, for the general welfare — it will infuse strength into our system.
Can any meraber of this committee suppose, that il will increase our
strenglh .' Can any one believe, that the Anierican councils will come
into a raeasure which will strip thera of their property, discourage and
alienate the affections of five-thirteenths of the Union ? Why was nothing
of this sort aimed at before ? I believe such an idea never entered Lato
an American breast, nor do I believe it ever will, unless il will enter into
the heads of those gentlemen who substitute unsupported suspicions for
reasons. ^
Mr. Henry. He asked me where was the power of emancipating
slaves ? I say it will be implied, unless implication be prohibited. He
admits that the power of granting passports will be in the new Cougi-ess
without the insertion of this restriction — yet he can shew me nothing
like such a power granted in that Constitution. Notwithstanding he ad
mits then- right lo this power by implication, he says that I am unfair
and uncandid in my deduction, that they cau emancipate our slaves,
though the word emancipation be not mentioned in it They can exer
cise power by implication in one instance, as well as in another. Thus,
by the gentleman's own argument, they can exercise the power though
it be not delegated.
Mr. Z. Johnson. They tell us that they see a progressive danger of
bringing about emancipation. The principle has begun since the revo
lution. Let us do what we will, it will come round. Slavery has been
the foundation of that impiety and dissipation, which'have been so much
disseminated among our countrymen. If it were totally abolished, it
would do much good. , ^ ^^
NORTH CAROLINA CONVENTION.
The first three clauses of the second section read.
Mr. GouDY. Mr. Chairman, this clause of taxation will give an ad
vantage to some States, over the others. It will be oppressive to the
Southern States. Taxes are equal to our representation. To augment
our taxes iand increase our burthens, our negroes are to be represented.
If a State has fifty thousand negroes, she is to send one representative
for them. I wish not to be represented with negroes, especially if it in
creases my burthens.
Mr. Davie. Mr. Chairman, I will, endeavor to obviate what the gen
tieman last up has said. I wonder to sec gentleraen so precipitate and
hasty on a subject of such awful importance. It ougfit to be considered,
6*

66
that some of us are slow of apprehension, not having those quick concep
tions, and luminous understandings, of .which other gentlemen may be
possessed^ The gentleman "docs not wish to be repicscnted with ne
groes." This, sir, is an unhappyspecies of population, but wc cannot al
present alter their situation. The Eastern Slates had great jealousies on
tills subject They insisted that their cows and horses were equally en-
tilled to representation ; that the one was property as well as the other.
It became our duly on the other hand, to acquire as much weight as pos
sible in the legislation of the Union ; and as the Northern States were
more populous in whites, this only could be done by insisting that a cer
tain proportion ofour slaves should make a part of the computed popu
lation. It was attenqited to form a rule of representation from a com
pound ratio of wealth and population ; but, on consideration, it was found
impracticable to determine the comparative value of lands, and other
property, in so extensive a territoi-y, with any degree of accuracy ; and
population alone was adopted as the only practicable rule or criterion of
representation. It was urged by the deputies of the Eastern States, that
a representation of two-fifths would be of little utility, and that their en
tire representation would be unequal and burthensome. That in a time
of war, slaves rendered a country raore vulnerable, while its defence de
volved upon its free iuhabitanls. On the other hand, we insisted, that in
time of peace they contributed by their labor lo the general wealth as
well as other members of the community. That as rational beings they
had a right of representation, aud in some instances might be highly
useful in war. On these principles, the Eastern States gave the matter
up, and consented to the regulation as it has been read. I hope these
reasons will appear satisfacloi-y. It is the same rule or principle which
was proposed some years ago by Congress, and assented to by twelve of
the States. It may wound the delicacy' of the gentieraan frora Guilford,
(Mr. GouDY,) but I hope Jie will endeavor lo accoramodate his feelings
to the interests and circumstances of his country.
Mr. James Galloway said, that he did not object to the representation
of negroes, so much as he did lo the fewness of the number of repre
sentatives. He was surprised how we came to have but five, including
those intended to represent negroes. ' That in his humble opinion North
Carolina was entitled to that number independent of the negroes.
First clause of the 9th section read.
Mr. J. M'DowALL wished lo hear the reasons of this restriction.
Mr. Spaight answered that there was a contest between the Northern
and Southern States — that the Southern States, whose principal support
depended on the labor of slaves, would not consent to the desire of the
Northern Stales to exclude the importation of slaves absolutely. That
South Carolina and Georgia insisted on this clause, as tiiey were now in
want of hands to cultivate their lands: That in the course of twenty
years they would be fully supplied : That the trade would be abolished
then, and that in th6 mean time some tax or duty might be laid on.
¦ . i

67
Mr. M'DoWALL replied, that the explanation was just such as he ex
pected, and hy no means satisfactory to him, and that he looked upon it
as a very objectionable part of the system. ^ ¦
Mr. Iredell. Mr. Chairman, I rise to express sentiments similar to
those of the gentleman from Craven. For my part, were it practicable
to put an end lo the importation of slaves immediately, it would give
me the greatest pleasure, for it certainly is a trade utterly inconsistent
with the rights of humanity, and under which great cruelties have been
exercised. When the entire abolition of slavery takes place, it will be
an event which must be pleasing to every generous mind, and eveiy
friend of human nature'; but we often wish for things which are not
attainable. It was the wish of a great majority of the Convention to
put an end to the trade immediately, but the States of South Carolina
and Georgia would not-agree to it. Consider then what would he the
difference between our present situation in this respect, if we do not
agree to the Constitution, and what it will be if we do agree lo it
If we do not agree. to it, do we remedy the evil? No, sir, we do not;
for if the Constitution be not adopted, it will be in the power of every
Stale to continue it forever. They raay or may not abolish it at their
discretion. But if we adopt the Constitution, the trade raust cease after
twenty years, if Congress declare so, whether particular States please
so or not: surely, then, we gain by il. This was the utmost that could
be obtained. I heartily wish more could have been done. But as it is,
this government is nobly distinguished above others by that very pro
vision. Where is there another country in which such a restriction
prevails ? We, therefore, sir, set an example of humanity by providing
for the abolition of this inhuman traffic, though at a distant period. I
hope, therefore, that this part of the Constitution will not be condemned,
because it has not stipulated for what it was impi-aclicable to obtain. •
Mr. Spaigiit further explained the clause. That the limitation of
this trade lo the term of twenty years, was a compromise between the
Eastern States and the Southern States. South Carolina and Georgia
wished to' extend the term. The Eastern States insisted on the entire
abolition of the trade. That the Stale of North Carofina had not thought
proper to pass any law, prohibiting the importation of slaves, and tiiere-
fbre its delegation in the convention did not think themselves authorized
to contend for an iraraediate prohibition of it
Mr. Iredell added to what he had said before, that the States of
Georgia and South Carolina had lost a great many slaves during the
war, and that they wished to supply the loss.
Mr. Galloway. Mr. Chairman, the explanation given to this clause
does not satisfy my mind. I wish to see this abominable trade put an
end to. But in case it be thought proper to continue this abominable
traffic for twenty years, yet I do not wish lo see the tax on the import
ation extended lo all persons whatsoever. Our situation is different
fi-om the people to the North. We want citizens ; they do not Instead

6S
of laying a tax, we ought to give a bounty, to eucourage foreigners to
come among us. AVith respect to the abolition of slavery, it requires
the utmost consideration. The property of the Southern States consists
principally of slaves. If they mean to do away slavery altogether, this
propeity' will be destroyed. I apprehend il means to bring forw-ard
manumission. If we must manumit our slaves, what country shall we
send them lb ? Il is impossible for us to be happy if, after manumission,
they are to stay among us.
Mr. Iredell. Mr. Chairman, the worthy gentleman, I believe, has
misunderstood this clause, which runs in the following words : " The
migration or importation of such persons as any of the Stales now exist-
ing^ shall think proper to adrait, shall not be prohibited by the Congress
prior to the year 1808, but a tax or duty may' be imposed on such import
ation, not exceeding ten dollars for each person."
Now, sir, observe that the Eastern States, who long ago have abolish
ed slavery, did not approve of the expression slaves; they therefore used
another that answered the same purpose. The committee will observe
the distinction between the two words migration and importation. The
first part of the clause will extend to persons who come into the country
as free people, or are brought as slaves, but the last part extends lo slaves
only. The word migration refers to free persons ; but the word import
ation refers to slaves, because free people cannot be said to be imported.
The tax, therefore, is only to be laid on slaves who are imported, and
not oil free persons who migrate. I further beg leave to say, that the
gentleman is mistaken in another thing. He seems lo say that this ex
tends to the abolition of slavery. Is there anything in this constitution
which says that Congress shall have it in their power to abolish the
slavery of those slaves who are now in the country? Is il not the plain
meaning of it, that after twenty years they may prevent the future im
portation of slaves ? It does not extend lo those now in the country.
There is another.circumstance to be observed. There is no authority
vested in congress to restrain the States in the interval of twenty years,
from doing what they please. If they wish to inhibit such importation,
they may do so. Our next assembly may put an entire end to the im
portation of slaves.
Article fourth. The first section and two first clauses of the second
section read without observation.
The last clause read —
Mr. Iredell begged leave to explain the reason of this clause. In
some of the Northern States, they have emancipated all their slaves. If
any of our slaves, said he, go there and remain there a certain lime, they
would, by the present laws, be entitled to their freedom, so that their
masters could not get them again. This would be extremely prejudicial
to the inhabitants of the Southern States, and to prevent it, this clause
is inserted in the Constitution. Though the word slave be not mention
ed, this is the meaning of it The Northem delegates, owing to their

69
particular scruples on tiie subject of slavery, did not choose the word
slave to he mentioned.
xThe rest of the fourth article read without any observation.
* «¦# # * * * *
Mr. Iredell. It is however lo bo observed, that the first and
fourth clauses in tiie ninth section of the first article, are [irolected from
any alteration till the year 1808; and in order that no consolidation
should take place, it is provided, that no State shall, by .:i:iy amendment
or alteration, be ever deprived of an equal suffrage in the .senate without
its own consent The two first prohibitions are with re.spcct to the cen
sus, according to which direct taxes are imposed, and with respect to
the importation of slaves. As to the first, it must be observed, that there
is a raaterial difference between the Northern and Southern States.
The Northern States have been ranch longer settled, and are much
fuller of people than the Southern, but have not land in equal propor
tion, nor scarcely any slaves. The subject of this article was regulated
with great difficulty, and by a spirit of concession which it would not be
prudent to disturb for a good many years. ¦ In twenty years there will
probably be a great alteration, and then the subject may be re-considered
with less difficulty and greater coolness. In the mean time, the compro
mise was upon the best footing thai could be obtained. A compromise
likewise took place in regard lo the importation of slaves. ¦ It is prob
able that all the members reprobated this inhuman traffic, but those of
South Carolina and Georgia would not consent to an immediate pro
hibition of it; one reason of which was, that during the last war they
lost a vast number of negroes, which loss they wish lo supply. In the
mean time, il is left lo the Slates lo admit or prohibit the importation,
and Congress may impose a liraited duty upon it

SOUTH CAROLINA CONVENTION.
Hon. Rawlins Lowndes. In the first place, what cause was there
for jealously of our iraporting negroes ? Why confine us to twenty
years, or rather why lirait us at all ? For his part he ihought this trade
could be justified on the principles of religion, humanity, and justice ;
, fbr certainly to translate a set of human beings from a bad country to a
better, was fulfilling every.part of these principles. But they don't like
our slaves, because they have none themselves ; and therefore want lo
exclude us frora this great advantage ; why should the Southern Slates
allow of this, without the consent of nine States ?
Judge Pendleton observed, that only three Stat- , Georgia, South
Carolina, and North Carolina, allowed the iraportation of negroes. Vir
ginia had a clause in her Constitution for this purpose, and Maryland,
he believed, even before the war, prohibited thera.
Mr. Lowndes continued — that we had a law prohibiting the impor
tation of negroes for three year.s, a law he greatiy approved of; but tiiere
was no reason offered, why the Southern States might not find it neces-

70
saiy to alter their conduct, and open tiieir ports. Without negroes this
State woidd degenerate into one of the most contemptible in the Union :
and cited an expression that fell from Gen. Pinckney on a former
debate, that whilst there remained one acre of swamp land in South
Carolina he should raise his voice against restricting tiie importation of
negroes. Even in granting the importation for twenty years, care had
been takfen lo make us pay for this indulgence, each negro being liable,
on importation, to pay a duly not exceeding ten dollars, and, in addition
to this, were liable lo a capitation tax. Negroes were our wealth, our
only natural resource ; yet behold how our kind friends in the North
were determined soon to tie up our hands, and diain us of what we had.
The Eastern Slates drew theh- means of subsistence, in a great measure,
from their shipping ; and on that head, they had been particularly care
ful not to allow of any burdens ; they were not to pay tonnage, or duties ;
no, not even the form of clearing out: all ports were free and open to
them ! Why, then, call this a reciprocal bargain, which took all from
one party, to bestow iton the other?
Major Butler obsei-ved that they were to pay a five per cent impost
This, Mr. Lowitdes proved, must fall upon the consumer. They are
to be the carriers ; and we, being the consumers, therefore all expenses
would fall upon us.
Hon. E. Rutledge. The genlleman had complained of the inequality
of the taxes between the Northern and Southern States — that ten dol
lars a head was imposed on the importation of negroes, and that those
negroes were afterwards taxed. To this il was answered, that the len
dollars per head was an equivalent to the five per cent, on imported
articles ; and as lo their being afterwards taxed, the advantage is on our
side ; or, at least, hot against us.
In the Northern Stales, the labor is performed by while people ; in
the Southern by black. All the free people (and there are few others)
in the Northern States, are to be taxed by the new Constitution, whereas,
only the free people, and two-fifths of the slaves in the Southern States
are to be rated in the apportioning of taxes. But the principal objection
is, that no duties are laid on shipping — that in fact the carrying trade
was to be vested in a great measure in the Americans ; that the ship
building business was principally carried on in tiie Northern Stales.
When this subject is duly considered, the Southern States, should be the
last to object to it Mr. Rutledge then went into a consideration of the
subject ; after which the House adjourned.
Gen. Charles Cotesworth Pinckney. We were at a loss fbr some
time fora rule to ascertain the proportionate wealth of the States, at last
we thought that the productive labor of the inhabitants was the best rule
fbr ascertaining then- wealth ; in conformity to this rule, joined to a
spirit of concession, we delermuied that representatives should be ap
portioned among the several States, by adding to the whole number of <
free persons three-fifths of the slaves. We thus obtained a representa-

71
tion for our property, and I confess I did not expect that wc had con
ceded too much to the Eastern States, when tiiey allo^ved us a repre
sentation for a species of property which tiiey have not among them.
. The honorable gentleman alleges, that the Southern States are weak,
I sincerely agree with hira — we are so weak that by ourselves wc could
not forra an union strong enough for the purpose of effectually protecting
each other. Without union with the other States, South Carolina must
soon fall. Is there any one among us so much a.Quixotte as lo suppose
that this State could long maintain her independence if she stood alone,
or was only connected wilh the Southern States ? I scarcely believe
there is. Let an invading power send a naval force into the Chesapeake
to keep Virginia in alarm, and attack South Carolina wilh such a naval
and military force as Sir Henry Clinton brought here in 1780, and
though they might not soon conquer us, they would certainly do us an
infinite deal of mischief; and if they considerably increased their num
bers, we should probably fall. As, from the nature of our cfimate, and
the fewness of our inhabitants, we are undoubtedly weak, should we
not endeavor to form a close union with tiie Eastern Slates, who are
strong? ' . >
For who have been the greatest sufferers in the Union, by our obtain
ing our independence? I answer, the Eastern "States ; they have lost
every thing but their country, and their freedom. It is notorious that
some ports to the Eastward, which used lo fit out one hundred and fifty
sail of vessels, do not now fit out thirty ; that thek, trade of ship-build
ing, which used to be very consideirable, is now annihilated ; that their
fisheries are trifling, and their mariners in want of bread ; surely we are
called upon by every tie of justice, friendship, and humanity, lo relieve
their distresses; and as by their exertions they have assisted us in
establishing our freedom, we should let them, in sorae measure, partake
ofour prosperity. The General then said he would raake a few observa
tions on the objections which the gentleman had thrown out on the
restrictions that might be laid on the African trade after the year 1808.
On tills point your delegates had to contend with the religious and
political prejudices of the Eastern and Middle Stales, and with the inter
ested and inconsistent opinion of Vu-ginia, who was warmly opposed to
our importing more slaiKS. I am of the same opinion now as I was
two years ago, when I used the expressions that the gentieraan" has
quoted, that while there remained one acre of swamp land uncleared of
South Carolina, I would.raise my Voice against restricting the importation
of negroes. , I am as thoroughly convinced as that gentieman is, that
the nature ofour cUmale, and the flat, swarapy situation of our coiinlry,
obliges us to cultivate our land with negrqes, and that without them
South CaroUna would soon be a desert waste.
You have so frequentiy heard my sentiments on this subject that I
need not now repeat them. It was alleged, by some of the members
who opposed an unlimited importation, that slaves increased the weak-

72
ness of any Stale who admitted them ; that they were a dangerous
species of property, which an invading enemy could easily turn against .
ourselves and the neighboring States, and that as we were allowed a
representation for them in the House of Representatives, our influence
in government would be increased in proportion as we were less able lo .
defend ourselves. " Show some period," said the members from the
Eastern Stales, "when it maybe in our power to put a stop, if we
please, to the importation of this weakness, and we will endeavor, for
your convenience, lo restrain the religious and political prejudices ofour
people on this subject"
The Middle Stales and Virginia raade us no such proposition ; they
were for an immediate and total prohibition. We endeavored to obviate
the objections that were made, in the best manner we could, and assigned
reasons for our insisting on the importation, which there is nooccasion lo
repeat, as they must occur to every gentieman in the House: a commit
tee of the States was appointed in order lo accommodate this matter,
and after a great deal of difficulty, it was settled on the fooling recited
in the Constitution.
By this settlement we have secured an unlimited iraportation, of
negroes for twenty years ; nor is it declared that the importation shall
be then ^stopped ; ilmaybe continued — we have a security that the
general government can never emancipate them, for no such authority
is granted, and it is admitted on all hands, that the general government
has no powers but what are expressly granted by the Constilution ; and
that all rights not expressed were reserved by the several Stales. We
have obtained a right to recover our slaves, in whatever part of America
they may take refuge, which is a right we had not before. In short,
considering all ciicumslances, we have made the best terms, for the
security of this species of property, il was in our power to make. We
would have made better if we could, but on the whole I do not think
them bad.
Hon. Robert Barnwell. Mr. Barnwell continued to say, I now
come to the last point fbr consideration, I mean the clause relative to the
negroes j and here Iam particularly pleased wilh the Constitution; it
has not left this matter of so much importance to us open to immediate
investigation ; no, it has declared that the United States shall not, at any
rate, consider this matter for twenty-one years, and yet gentlemen are
displeased with it.
- Congress has guaranteed this right for that space of time, and al its
expu-alion may continue it as long as they please. This question then
arises, what will their interest lead them to do ? The Eastern States, as
the honorable gentieman says, will become the carriers of America, it
will, therefore, certainly be their interest to encourage exportation lo as
great an extent as possible; and if the quantum of our products will
be diminished by the prohibition of negroes, I appeal to the belief of
every man, whether he thuiks those very cartiers will themselves dam
up the resources from whence thek profit is derived ? To think so is

73
so contradictory to tiie general conduct of mankind, that I am of opinion,
that without we ourselves put a'stop to them, the traffic for negroes will
continue forever. FEDERALIST, No. 42.
. BY JAMES MADISON.
It were doubtless to be wished, that the power of prohibiting the im
portation of slaves, had not been postponed until the year 1808, or rather
that it had been suffered to have iraraediate operation. But it is not
difficult to account either for this restriction ou the general government,
or for the manner in which the whole clause is expressed.
It ought to be considered as a great point gained in fiivor of humanity,
that a period of twenty years may terminate for ever within these States,
a, traflac which has so long and so loudly upbraided the barbarism of
modem policy; that within that period, it will receive a considerable
discouragement frorn the Federal government, and may be totally
abofisbed, by ai concurrence of the few States which continue the un
natural traffic in the prohibitory example which has been given by so
great a majority of the Union. Happy would it be for the unfortunate
Afiicans, if an equal prospect lay before them, of being redeemed from
the oppressions of their European brethren! Attempts have been made
Jo_pervertthisclause into an objection against the Constitntippj by rep
resenting it on one side, as a criminal toleration of an illicit practice ;
and on another, as calculated to prevent voluntary and beneficial emi
grations from Europe to America. I mention these miscon.structions,
not with a view to give them an answer, fbr they deserve none ; but as
specimens of the manner and spirit, in which some have thought fit to
conduct their opposition to the proposed government
¦ , FEDERALIST, No. 54.
BT JAl^ES MADISON.^
,All this is admitted, it will perhaps be said: but does it follow from an
admission of numbers for the measure of representation, or of slaves
combined wilh fi-ee citizens as a ratio of taxation, that slaves ought to
be included in the numerical rule of representation ?
: Slaves are considered as property^ hot as persons. They ought there
fore, to be compfehended in estimates of taxation, which are founded
on property, and to be excluded from representation, which is regulated
by a census of persons. , This is the objection as I understand it, stated
' in its full force. I shall be equally candid in stating the reasoning which
may be Offered on the ¦ opposite side. We subscribe to the doctrine,
might one of our Southern brethren observe, that representation relates
more immediately to persons, and taxation more immediately to prop
erty; and we join in the application of this distinction to the case ofour
slaves. I
But we must deny the fact, that slaves are considered merely as prop-
7

74
erty, and in no respect whatever as persons. The true state of the case
is, that they partake of botii these qualities, being considered by our
laws, in some respects as persons, and in other respects as property.
In being compelled to labor, not for himself, but for a master ; in being
¦Vendible by one master to another master ; and in being subject al all
times to be restrained in his liberty and chastised in his body by the ca
pricious will of another ; the slave may appear to be degraded from the
human rank, and classecl wilh those irrational animals which fall under
the legal denomination of property. ' In being protected, on the other
hand, in his life, and in his hmbs, against the violence of all others,
even- the master of his labor and his liberty; and in being punishable
himself for all violence comraitted against others ; the slave is no less
evidently regarded by the law as a member of the society, not as a part
of the irrational creation ; as a moral person, not as a mere article of
' property. The Federal Constitution, therefore, decides with great pro-
jrifity nn thp. r.^sp. of niir slaves^ when it views thera in the mixed char-
Hftpr nF ppi-;r>na unrl prrippj-ty, Thjs is in facl their true character. It
is the character bestowed on them by the laws under which they live,
and it will not be denied, that these are the proper criterion ; because it
is only under the pretext, that the laws have transformed the negroes
into subjects of property, that a place is disputed thera in the coraputa-
¦tion of numbers ; and it is admitted, that if the laws were to restore the
rights which have been taken away, the negroes could no longer be re-
Hised an equal share of representation with the other inhabitants.
This question may be placed in another light II is agreed on all
sides, that numbers are the best scale of wealth and taxation, as they
are the only proper scale of representation. Would the convention
TiavR been impartial or consistent, if they had rejected the -slaves from_
the list of inhabitants, when the shares of representation were to be"
calculated ; and inserted them on the lists when the" tariff of contribu-
fiona was to be adjusted?
fCould it be reasonably expected, that the Southern States would con-
(cur in a system, which considered their slaves in some degree as men,
twhen burdens were to be imposed, but refused to consider them in the
same light, when advantages were to be conferred ? ,
' Might not some surprise also be expressed, that those who reproach
the Southern States with the barbarous policy of considering as property
a part of their human brethren, should themselves contend, that the
government to which all the Steles are to be parties, ought lo consider
this unfortunate race more corapletely in the unnatural light of property,
than the very laws of which they complain ?
It maybe replied, perhaps, that slaves are not included in the estiraate
of representatives in any of the States possessing them. They neither
< vote themselves, nor increase the voles of their masters. Upon what
principle, then, ought they to be taken into the Federal estimate of rep
resentation ? In rejecting them altogether, the Constitution would, in

75
this respect, have foUowed the very laws which have been appealed to
as the proper guide.
This objection is repeUed by a single observation. Il is a fundamental
principle of the proposed Constitution, that as the aggrc^- u" ; number of
representatives allotted to the several Slates is to be determined by a
Federal rule, founded on the aggregate number of inhabitants ; so, the
right of choosing this allotted number in each State, is lo be exercised
by such part of the inhabitants, as the State itself raay designate. The
qualifications on which the right of suffrage depends, are not perhaps
the same in any two Stales. In some of the Stales the difference is very
material. In every State, a certain proportion of inhabitants are deprived
of this right by^the Constilution of the State, who wUl be included in
the census by which the Federal Constitution apportions the representa-
.tiyes. In this point of view, the Southern States might retort the com
plaint, by insisting, that the principle laid down by the convenlion re
quired that no regard should be had to the policy of particular States
towards their own inhabitants ; and consequently, that the slaves, as in
habitants, should have been admitted into the census according to their
full number, in like manner with other inhabitants, who, by the policy of
other Slates, are not admitted to all the rights of citizens. A rigorous
adherence, however,. lo this principle is waived by those who would be
gainers by it. All that they ask, is that equal moderation he shown on
the other side. Let the case of the slaves be considered, as it is in truth,
a peculiar one. Lgtjhgjcoaipromising expedient ^fjhe Constitutionjie
mutually adopted, which regards them as inhabitants^jut as debased by
fl^mtujp bf lo'y tbp^ ggMfirTevel of free mliafiilants, which regards the
slave as divested of two-fifths of the man.'
DEBATES IN FIRST CONGRESS.
Lloyd's debates. Mat 13, 1789.
Mr. Parker (of Va.) moved to insert a clause in the bill, imposing a
duty on the importation of slaves of ten dollars each pei-son. He was
sorry that the Constitution prevented Congress from prohibiting the im
portation altogether; he thought it a defect in that instrument that it al
lowed of such actions, it was contrary to the revolution principles, and
ought not to be perraitted ; but as he could not do all the good he de
sired, he was wiUing lo do what lay in his power. He hoped such a duty
as he moved for would prevent, in some degree, this irrational trad inhu
man traffic ; if so, he should feel happy from the success of his motion.
Mr. Smith (of- South Carolina,) hoped that such an important and se
rious proposition as this would not be hastily adopted ; it was a very late
moment for the introduction of new subjects. He expected the com
mittee had got through the business, and would rise without discussing
any thing further ; at least, if gentlemen were determined on considering
the present motion, he hoped they would delay for a few days, in order
to give time fbr an exaraination of the subject It was certainly a mat-

76
ter big with tho most serious consequences lo the Slate he represented;
he did not think any one thingthal had boen discussed was so iraportant
to tiicm, and the welfare of the Union, as the question now brought for
ward, but he was not prepared to enter on any argument, and therefore
requested the motion niight either be withdrawn or laid on the table.
Mr. Sherman (of Ct) approved of the object of tbe motion, but he did
not think this bill was proper lo embrace the subject He could not
reconcile hiraself to the insertion of human beings as an article of duty,
among goods, wares and merchandise. He hoped il would be withdrawn
for the present, and taken up hereafter as an independent subject.
Mr. Jackson, (of Geo.) observing the quarter from which this motion ,
came, said it did not surprise him, though it might have that effect on
others. He recollected that Vkginia was an old settied State, and had
her complement of slaves, so she was careless of recruiting her numbers
by this raeans ; the natural increase of her imported blacks were sufficient
for their purpose ; but he ihought gentiemen ought to let their neighbors
get supplied before they imposed such a burthen upon the importation.
He knew this business was viewed in an odious light to the Eastward,
because the people were capable of doing their own work, and had no
occasion for slaves ; but gentlemen wUl have some feeling for others ;
they wtU not try to throw all the weight upon others, who have assisted
in lightening their burdens ; they do not wish to charge us for every com
fort and enjoyment of Ufe, and at the same time take away the raeans of
procuring them ; they do not wish to break us down at once.
He was convinced, from the inaptitude of the hiotion, and the want of
time to consider it, that the candor of the gentleman would induce him
to withdraw it for the present ; and if ever it came forward again, he
hoped it would comprehend the while slaves as well as black, who were
imported from all the goals of Europe ; -wretches, convicted of the most
flagrant crimes, were brought in and sold without any duty whatever.
He thought that they ought to be taxed equal lo the Africans, and had
no doubt but the constitutionality and propriety of such a measure was
equally apparent as the one proposed.
Mr. Tucker (of S. C.) thought it unfair to bring in such an important
subject at a time when debate was almost precluded. The committee
had gone through the impost bill, and the whole Union were impatiently
expecting the result of their deliberations, the public" must be disap
pointed and much revenue lost, or this question cannot undergo that full
discussion which it deserves.
We have no right, said he, to consider whether the importation of
slaves is proper or not ; the Constitution gives us no power on that point,
'it is left to the States to judge of that matter as they see fit But if it
was a business the genlleman was determined to discourage, he ought
to have brought his motion forward sooner, and even then not have inr
troduced it 'without previous notice. He hoped the committee would
reject the motion, if it was not withdrawn ; he was not speaking so much

77
for the State he represented, as for Georgia, because the State of South
Carolina had a prohibitory law, which could be renewed when its lim
itation expired.
Mr. Parker (of Va.,) had ventured to introduce tho subject after full
deliberation, and did not like to withdraw it. Although the gentieman
frora Connecticut (Mr. Sherman) had said, that they ou^'.it not to be enu
merated wilh goods, wares, arid merchandise, he believed they were
looked upon by the African traders in this light ; he knew it was de
grading the huraan species tb annex that character to them ; but he
would rather do this than continue the actual evil of iraporting slaves a
moment longer. He hoped Congress would do all that lay in their power
to restore to human nature its inherent privileges, and if possible wipe
off the stigma which America labored under. The inconsistency in our
principles, with vyhich we are justly charged, should be done away ; that
we may shew by our actions the pure beneficence of the doctrine we
held out to the world in our declaration of independence.
Mr. Sherman (of Ct,) thought the principles of the motion and the
principles of the bUl were inconsistent ; the principle of the hill was to
raise revenue, the principle of the motion to correct a moral evil. Now,
considering it as an object of revenue, it would be unjust, because two
or three State? would bear the whole burthen, whUe he believed they
bore their full proportion of all the rest He was against receiving the
motion into this bill, though he had no objection lo taking it up by itself
on the principles of humanity and poUcy ; and therefore would vote
against it if it was not withdrawn.
Mr. Ames (of Mass.,) joined the genlleman last up. No one could
suppose him favorable to slaverj', he detested it from his soul, but he
had some doubts whether imposing a duly on the iraportation, would
not have the appearance of countenancing the practice ; itwas certainly
a subject of some delicacy, and no one appeared to be prepared for the
discussion, he therefore hoped the motion would be withdrawn.
Mr. LivEKM^ORE. Was not against the principle of the motion, but in
the- present case he conceived it improper. If negroes were goods,
wares, or merchandise, they came within the tide of the biU ; if they
were not, the bill would be inconsistent ; but if they are goods, wares
or merchandise, the 5 per cent ad valorem, will embrace the importa
tion ; and the duty of 5 per cent is nearly equal to 10 dollars per head,
BO there is no occasion to add it even on the score of revenue.
Mr. Jackson (of Ga.,) said it was the fashion of the day, to favor the
liberty of slaves ; he would not go into a discussion of the subject, but
he befieved it was capable of demonstration that they were better off in
their present situation, than they would be if they were manumitted ;
what are they to do if they are discharged? Work for a livbg?
Experience has shewn us they will not Examine what is be
come of those in Maryland, many of thera have been set fi-ee in thai
State ; did they turn themselves to industry and useful pursuits ? No,

78
tiiey turn out common pickpockets, petty larceny villains ; and is this
raercy, forsooth, lo turn them into a way in ^vhich they must lose their
lives, — for where they are thrown upon the world, void of property and
connections, they cannot get their living but by pilfering. What is to
be done for compeusalion ? Will Virginia set all her negroes free ?
Will they give up the money they cost tiiem, and lo whom ? When
this practice comes lo be tried there, the sound of liberty will lose those
charms which make il grateful lo the ravished ear.
Bui our slaves are not in a worse situation than they were on the coast
of Africa ; it is not uncommon there for the parents lo sell their children
in peace ; and in war the whole are taken and made slaves together. In
these cases il is only a change of one slavery for another ; and are they
not better here, where they have a master bound by the ties of interest
and law to provide for their support and comfort in old age, or infirmity,
in which, if they were free, they would sink under the pressure of woe
fbr want of assistance. v -,
He would say nothing of the partiality of such a lax, it was admitted
by the avowed friends of the measure ; Georgia in particular would be
oppressed. On this account il would be the most odious tax Congress
could impose.
Mr. ScHUREMAN (of N. J.) hopcd the genlleman would withdraw his
motion, because the present was not the time or place for introducing
the business ; he thought it had better be brought forward in the House,
as a distinct proposition. If the gentieman persisted in having the ques
tion determined, he would move the previous question if he was sup
ported. . Mr. Madison, (of Va.) I cannot concur with gentlemen who think the
present an improper time or place to enter into a discussion of the pro
posed motion ; if it is taken up in a separate view, we shall do the same
thing at a greater expense of tirae. But the gentlemen say that il is im
proper to connect the two objects, because they do not come within the
title of the bill. But this objection raay be obviated by accommodating
the tide to fhe contents; there maybe some inconsistency in combin
ing the ideas which gentlemen have expressed, that is, considering the
human race as a species of property ; but the evil does not arise from
adopting the clause now proposed, it is fiom the importation lo which
it relates. Our object in enumerating persons on paper with, merchan
dise, is to prevent the practice of actually treating them as such, by hav
ing them, in future, forming part of the cargoes of goods, wares, and
merchandise to be imported into the United States.- The motion- is cal
culated to avoid the very evil intimated by the genlleman. Il has been
said that this tax will be partial and oppressive : but suppose a fair view
is taken of this subject, I think we may foi-ra a difierent conclusion.
But if it be partial or oppressive, are there not many instances in which
we have laid taxes of this nature? Yet are they not thought to be jus
tified by national policy ? If any article is warranted on this account,

79
how much more are we autiiorized to proceed on this occasion ? The
dictates of humanity, the principles of the people, the national safety
and happiness, and prudent policy requires il of us ; the constilution has
particularly called pur attention to it— and of all the articles contained
in the biU before us, this is one of the last I should bo willing to make a
concession upon so far as I was at liberty to go, according to the terms of
the constitution or principles of justice — I would not have it understood
that my zeal would carry me to disobey the inviolable commands of
either. ,
I understood it had been intimated, that the motion was inconsistent
or unconstitutional. I believe, sir', my worthy colleague has formed the
words with a particular reference lo the Constitution ; any how, so far
as the duty is expressed, it perfectiy accords with that instrument; if
there are any inconsistencies in it, they may be rectified; I believe the
intention is well understood, but I am far from supposing the diction
improper.. If the description of the persons does not accord with the
ideas of the gentieraan from Georgia, (Mr. Jackson,) and his idea is a
proper one for the committee to adopt, I see no difficulty in changing
the phraseology. ^
I conceive the Constitution, in this particular, was formed in order
that the government, whilst it was restrained from laying a total pro
hibition, might be able lo give some testimony of the sense of America,
with respect to the African trade. We have liberty to impose a tax or
duty upon the importation of such persons as any of the States now
existing shall think proper lo admit ; and this liberty .was granted, I
presume, upon two considerations — the first was, that until the time
arrived when they might abolish the iraportation ef slaves, they might
have an opportunity of evidencing their sentiments, on the policy and
humanity of such a trade; the other was' that they might be taxed in
due proportion with other articles iraported ; fbr if the possessor wiU
consider them as property, of course they are of value and ought to be
" paid for. If gentlemen are apprehensive of oppression frora the weight
of the tax, let them raake an estimate of its proportion, and they will
find that it very Uttie exceeds five per cent ad valorem, so that they wiU
gain very little by having them thrown into that mass of articles, whilst
by selecting them in thamanner proposed, we shall fulfil the prevailing
expectation of our fellow cilizens, and perform our duty in executing
the purposes of the Constitution. Il is to be hoped that by expressing
a national disapprobation of this'trade, we niay destroy it, and save our
selves from .reproaches, and our posterity the imbecility ever attendant
on a country fiUed wilh slaves.
I do not wish to say anything harsh, to the hearing of gentiemen who
entertain different sentiments from me, or different sentiments from
those I represent; but if there is any one point in which it is clearly the
policy of this nation, so far as we constitutionally can, to vary the praci
tice obtaining under some of the State governments, it is this ; but it is

80
certain a majority of the States are opposed to this practice, therefore,
upon principle, we ought to discountenance il as far as is in our power.
If I was not afraid of being told that the representatives of the several
States, are the best able to judge of what is proper and conducive to
their particular prosperity, I should venture to say that il is as much the
interest of Georgia and South Carolina, as of any in the Union. Every
addition they receive to their number of slaves, tends to weaken them
and renders them less capable of self defence. In case of hostilities
wilh foreign nations, they will be the means of inviting attack instead
of repelling invasion. It is a necessary duty of the general government
to proiect every part of-the empire against danger, as well internal as
external ; every thing therefore which lends to increase this danger,
though it may be a local affair, yet if il involves national expense or
safety, becomes of concern to every part of the Union, and is a proper
subject for the consideration of those charged wilh the general adminis
tration of the governraent I hope, in raaking these observations, I shall
not be understood to mean that a proper attention ought not to be paid
to the local opinions and circurastances of any part of the United States,
or that the particular representatives are not best able to judge of the
sense of their iraraediate constituents.
If we examine the proposed measure by the agreement there is
between il, and the existing Slate laws, it will show us that it is patron
ized by a very respectable part of the Union. I am informed that Sputh
Carolina has prohibited the importation of slaves for several years yet
to come; we have the satisfaction then of reflecting that we do nothing
more than their own laws do at this moment This is not the case with
one State. I am sorry that her situation is such as to seem lo requu-e a
population of this nature, but it is impossible in the nature of things, to
consult the national good without doing what we do not wish to do, to
some particular part Perhaps gentlemen contend against the intro
duction of the clause, on too slight grounds. If il does not conform
with the title of the bUl, alter the latter ; if it does not conform to the
precise terms of the Constitution, amend it. But if it wiU tend to delay
the whole bill, that perhaps will be the best reason for making it the
object of a separate one. If this is the sense of the committee I shall
submit Mr. Gerry (of, Mass.) thought all duties ought to be laid as equal as
, possible. He had endeavored to enforce this principle yesterday, but
¦without the success he wished fqr, he was bound by the principles of
justice therefore to vote for the proposition; but if the committee were
desirous of considering the subject fully by itself, he had no objection,
but he thought when gentlemen laid down a principle, they ought to
support it generally. ;
'Mr. Burke (of S. C.) said, gentleraen were contending for nothing;
that the value of a slave, averaged about £80, and the duly on that sum
at five per cent, would he ten dollars, as congress could go no farther

81
than that sum, he conceived it made no difference whether they were
enumerated or left in the common mass.
Mr. Madison, (of Va.) If we contend for notiiing, tiie gentiemen who
are opposed to us do not contend for a great deal ; but the question is,
whether tiie five per cent ad valorem, on all articles imported, wUl have
any operation at all upon the introduction of slaves, unless we make a
particular enumeration on this account ; the collector may mistake, for
he would not presume lo apply the term goods, wares, and merchandise
to any person whatsoever. But if that general definition of goods, waiesi
and merchandise are supposed lo include African Slaves, why may we
not particularly enumerate them, and lay the duly pointed out by the
Constitution, which, as gentiemen tell us, is no more than five per cent
upon their value ; this will not increase the burden upon any, but it will
be that manifestation ofour sense, expected by our constituents, and de
manded by justice and humanity.
Mr. Bland (of Va.) had no doubt of the propriety or good policy of this
measure. He had made up his mind upon il, he wished slaves had never
been introduced into America ; but if it was impossible at this time to
cure the evil, he was very willing to join in any measures that would
prevent its extending farther. He had some doubts whether the pro
hibitory law-s of the States were not in part repealed. Those who had
endeavored to discountenance this trade, by laying a duty on the import
ation, were prevented by the Constitution frora continuing such regula
tion, which declares, that no Slate shall lay any impost or duties on
imports. If this was the case, and he suspected pretty strongly that it
was, the necessity of adopting the proposition of his colleague was now
apparent. Mr. Sherman (of Ct) said, the Constitution does not consider these
persons as a species of property ; it speaks of thera as persons, and
Bays, that a tax or duty may be imposed on the importation of them into
any State which shall permit the sarae, but they h.ive no power to
prohibit such importation for twenty years. But Congress have power
to declare upon what terras persons coming into the United Stales shall
be entitled to citizenship ; the rule of naturalization must however be
uniform. He was convinced there were others ought to be regulated in
this particular, the importation of whom was of an evU tendency, he
meant convicts particularly. He thought that sorae regulation respecting
them was also proper ; but it being a different subject, it ought lobe
taken up in a different manner.
Mr. MADisoN(of Va.) was led lo believe, from the observation that had
fell from the gentiemen, that it would be best to make this the subject
of a distinct biU: he tiierefore wished his colleague would -withdraw
,his motion, and move in the house for leave to bring in a bill on the
Bame principles.
Mr. Parker (of Va.) consented to withdraw his motion, under a con
viction that the house was fully satisfied of its propriety. He knew

/^

82
Tcry well tiiat these persons were neither goods, nor -wares, but they
were treated as articles of merchandise. Although ho wished lo get rid
of this part of his property, yet ho should not consent to deprive other
people of theirs by any act of his without their consent.
The committee rose, reported progress, and the house adjourned.
February 11th, 1790.
Mr. Lawrance (of New York,) presented an address from the society
of Friends, in the City of New York.; in which they sot forth theh- de
sire of co-operating with their Southern brethren.
Mr. Hartley (of Penn.)then moved to refer the address of the annual
assembly of Friends, held at Philadelphia, to a committee ; he Ihought
h a mark of respect due so numerous and respectable a part of the
coramunity. Mr. White (of Va.) seconded the motion.
Mr. Smith, (of S. C.) However respectable the petitioners may be, I
hope gentlemen wiU consider that others equally respectable are op
posed to the object which is airaed at, and are entitied to an opportunity
. of being heard before the question is determiped. I flatter myself gen
tiemen will not press the point of commitment to-day, it being contrary
to our usual mode of procedure.
" Mr. Fitzsimons (of Penn.) If we were now about fo determine the
final question, the observation of the genlleman from South Carolina
woidd apply; but, sir, the present question does not touch upon the
merits of the case ; it is raerely to refer the memorial to a commitiee, to
consider what is proper lo be done ; gentlemen, therefore, who do not
mean to oppose the commitment to-morrow, raay as well agree to, it
to-day, because it will lend lo save the time of the house.
Mr. Jackson (of Geo.) wished lo know why the second reading was
to be contended fbr to-day, when it was diverting the attention of the
members from the great object that was before the committee of the
whole ? Is it because the feelings of the Friends will be hurt, to have
their afiair conducted in the usual course of business? Gentlemen
who advocate the second reading to-day, should respect the feelings of
the merabers who represent that part of the Uuioii which is principally
to be affected by the measure. I believe, sir, that the latter class consists
of as useful and as good cilizens as the petitioners, men equally friends
to the revolution, and equally susceptible of the refined sensations of
humanity and benevolence. Why then should such particular attention
be paid to them, for bringing forward a businessof questionable policy?
If, Congress are disposed to interfere in the importation of slaves, they
can take the subject up without advisers, because the Constitution ex
pressly mentions all the power they can exercise on the subject
Mr. Sherman (of Conn.) suggested the idea of referring it to a com
mittee, to consist of a member from each State, because several States
had already made some regulations on this subject The sooner the
subject was taken up he thought it would be the better.

83
Mr. Parker, (of Va.) I hope, Mr. Speaker, the petition of tiiese re
spectable people, will be attended to witii all the readiness the importance
of its object demands ; and I cannot help expressing tiie pleasure I feel
in finding so considerable a part of the community attending lo mattoi-a
of such momentous concern lo the future, prosperity and happiness of
the people of Araerica. I think it my duty, as a citizen of the Union, to
espouse their cause ; and il is incumbent upon every member of this
house lo sift the subject weU, and ascertain what can be done to restrain
a practice so nefiirious. The Constitution has authorized us to levy a
tax upon tiie importation of such persons as the Slates shall authorize
to be adraitted. I would willingly go to that extent ; and if any thing
further can be devised to discountenance the trade, consistent wilh the
terras of the Constitution, I shall cheerfully give it my assent and
support. Mr. Madison, (Of Va.) The gentieraan frora Pennsylvania, (Mr. Fitz
simons) has put this question on its proper ground. If gentienien do
not mean to oppose the commitment to-morrow, they may as well
acquiesce in it to-day ; and I apprehend gentlemen need not be alarmed
at any measure it is likely Congress .should take; because they will
recollect, that the Constitution secures to the individual States the right
of adraitting, if they think proper, the importation of slaves into their
own territory, fbr eighteen years yet unexpired ; subject, however, to a
tax, if Congress are disposed to impose il, of not more than len dollars
on each person.
The petition, if I mistake not, speaks of artifices used by self-interest
ed persons to cai-ry on this trade ; and the petition from New York states
a case that mayrequire the consideration of Congress. If anything is
within the Federal authority to restrain such violation of the rights of
nations, and of mankind, as is supposed to be practised in some parts of
the United Stales, it will certainly tend to the interest and honor of the
community to attempt a remedy, and is a proper subject for our discus
sion. It may be, that foreigners take advantage of the liberty afforded
them by the American trade, to employ our shipping in the slave trade
between Afiica and the West Indies, when they are restrained from em
ploying their own by restrictive laws of their nation. If this is the case,
is there any person of hynianity that would not -vvish to prevent them?
Another consideration why we should commit the petition is, that we
may give no ground of alarm by a serious opposition, as if we were
about to take measures that were unconstitutional.
Mr. Stone (of Md.) feared that if Congress itook any measures, indica
tive' of an intention to interfere with the kind of property alluded to, it
would sink it in value very considerably, and might be injurious to a
great number o^ the citizens, particularly in the Southern Slates.
He thought the subject was of general concern, and that the petition
ers had no more right to interfere with it than any other members of
the community. It was an unfortunate cncumstance, that it was the

84
property of sects to imagine they understood the rights of human nature
better tiian all the worid beside ; and that lliey would, in consequence,
be meddling with concerns in which they had nothing lo do.
As the petition relates to a subject of a general nature, il ought to lie
on the table, as information ; he would never consent to refer petitions,
unless tho petitioners w-pro exclusively interested. Suppose there was
a petition lo comc before us from a society, praying us to be honest in
our transactions, or that we should administer the Constitution according
to ils intention — what would you do with a petition of this kind? Cer
tainly il would remain on your lahlo. He would, nevertheless, not have
it supposed, that the people had not a right lo advise and give their
opinion ,upon public measures ; but he would not be influenced by that
advice or opinion, to take up a subject sooner than the convenience of
other business would admit Unless he changed his sentiments, he
would oppose the commitment.
Mr. Burke (of S. C.) thought gentlemen were paying attention to what
did not deserve it. The men in the galleiy had come here to meddle
in a business wilh which they had nothing to do ; they were volun
teering it in the cause of others, who neither expected nor desired it
He had a respect for the body of Quakers, but, nevertheless, he did not
believe they had more virtue, or religion, than other people, nor perhaps
so much, if they were examined to the bottom, notwithstanding their
outward pretences. If their petition is lo be noticed, Congress ought lo
wait till counter applications were made, and then they might have the
subject more fairly before them. The rights of the Southern States
ought not to be threatened, and their properly endangered, to please
people who were to be unaffected by the consequences.
Mr. Hartley (pf Penn.) thought the memorialists did not deserve to
be aspersed for their conduct, if influenced by motives of benignity,
they solicited the Legislature of the Union lo repel, as far as in their
power, the increase of a licentious traffic. Nor do they merit censure,
because their behavior has the appearance of more morality than other
people's. But it is not for Congress to refuse to hear the applications
of thek fellow-citizens, while those applications contain nothing uncon
stitutional or offensive. What is the object of the address before us?
It is intended to bring before this House a subject of great importance
to the cause of humanity ; there are certain facts lo be enquired into, and
the memorialists are ready lo give all the information in their power ;
they are waiting, at a great distance from thek homes, and wish to re
turn ; if, then, it will be proper to commit the petition to-morrow, it will
be equally proper to-day, for il is conformable to our practice, beside, it
-will tend lo their conveniency.
Mr. Lawrance, (of N". Y.) The gentieman from South Carolina says,
the petitioners are of a society not knownin the laws or Constitution.
Sk, in all our acts, as well as in the Constitution, we have noticed this
Society ; or why is it that we admit them to affirm, in cases where others

85
are called upon to swear? If we pay this attention to them, in one ui-
slance, what good reason is there for contemning them in anotiior? I
think the gentieman from Maryland (fllr. Stone,) carries his apprehen
sions loo far, when he fears that negro-property will fall in value, by the
suppression of the slave-trade ; not that I suppose il immediately in the
power of Congress lo abolish a traffic which is a disgrace to human na
ture ; but it appears to me, that, if the importation was crushed, the
value of a slave would be increased instead of diminished; however,
considerations of this kind have nothing lo do with tho present question ;
gentiemen may acquiesce in the commitment of the memorial, without
pledging themselves lo support its object
Mr. Jackson, (of Ga.)* I differ much in opinion with the gentieman
last up. I apprehend if, through the interference of the general govern
ment, the slave trade was abolished, it would evince to the people a dis
position toward a total emancipation, and they would hold their property
in jeopardy. Any exlraordinaiy attention of Congress to this fjetition
may have, in some degree, a sirailar effect I would beg to ask those,
then, who are so desirous of fi-eeing the negroes, if they have funds suf
ficient to pay for them ? If they have, they may come forward on that
business with some propriety ; but, if they have not, they should keep
themselves quiet, and not interfere with a business in which they are not
interested. They may as weU come forward, and solicit Congress to 'm-
terdict the West India trade, because it is injurious lo the morals of man
kind ; from thence we import rum, which has a' debasing influence upon
the consumer. But, sir, is the whole morality of the United States con
fined lo the Quakers ? Are they the only people whose feelings are to
be consulted on this occasion ? Is it to thera we owe our present hap
piness ? Was il they who formed the Constitution ? Did they, by their
arms, or contributions, establish our independence ? I believe theywere
generally opposed to that measure. Why, then, on thek application,
shall we injure men, who, at the risk of thek lives and fortunes, secured
to the community thek liberty and property? If Congress pay any un
common degree of attention to thek petition, it will furnish just ground
"of alarm to the Southern Stales. But, why do these men set themselves
up, in such a particular manner, against slavery? Do they understand
the rights of mankind, and the disposition of Providence better than
others? If they, were to consult that Book which clairas our regard,
they will find that slavery is not only allowed, but commended. Their
Saviour, who possessed more benevolence and comraiseration than they
pretend to, has allowed of it And if they fully examine the subject,
they will find that slavery has been no novel doctrine since the days of
Cain. But be these things as they may, I hope the House will order the
petition to Ue on" the table, in order to prevent alarming our Southern
brethren. Mr. Sedgwick, (of Mass.) If it was a serious question, whether the
Memorial should be committed or not, I would not urge it at this time ;
8

86
but that cannot be a question for a moment, if we consider our relative
situation with the people. A number of men, — who are certainly very
respectable, and of whom, as a society, it may be said with truth, that
they conform their moral conduct to tiieir religious tenets, as much as
any people in the whole community, — como forward and tell you, that
you niay effect two objects by the exercise of a Constitutional authority
which will give great satisfaction ; on the one hand you may acquire
revenue, aud on the other, restrain a practice productive of great evil.
Now, setting aside tiie religious motives which influenced their applica
tion, have they not a right, as citizens, to give their opinion of public
measures ? For my part I do not apprehend that any State, or any con
siderable number of individuals in any State, will be seriously alarmed
al the commitment of the petition, from a fear that Congress intend to
exercise an unconstitutional authority, in order to violate their rights ; I
believe there is not a wish of the kind entertained by any meraber of
this body. How can gentlemen hesitate then to pay that respect lo a
memorial which il is entitled to, according to the ordinary mode of pro
cedure in business ? Why shall we defer doing that till to-morrow, which
we can do to-day? for the result, I apprehend, will be the same in
either case.
Mr. Smith, (of S. C.) The question, I apprehend, is, whether we will
take the petition up for a second reading, and not whether il shall be
committed ? Now, I oppose this, because it is conlraiy to our usual
practice, and does not allow gentlemen time to consider of the merits of
the prayer ; perhaps some gentlemen may think it improper lo commit
it to so large a committee as has been mentioned ; a variety of caiises
may be supposed to show that such a hasty decision is improper ; per
haps the prayer of it is iraproper. If I understood it right, on its fu-st
reading, though, to be sure, I did not comprehend perfectly all that the
petition contained, it prays that we should take measures for the abolition
of the slave trade ; this is desiring an unconstitutional act, because the
constitution secures that trade to the States, independent of congressional
restrictions, for the term of twenty-one years. If^ therefore, il prays
for a violation of constitutional rights, it ought to be rejected, as an at
tempt upon the vktue and patriotism of the house.
Mr. Boudinot, (of N. J.) It has been said that the Quakers have no
right to interfere in this business ; I am surprised to hear this doctrine
advanced, after it has been so lately contended, and settled, that the peo
ple have a right to assemble and petition for redress of grievances ; it is
not because the petition coihes from the society of Quakers that I am in
favor of the commitment, but because it comes from citizens of the
United States, who are as equally concerned in the welfare and happi
ness of their country as others. There certainly is no foundation for the
apprehensions which seem to prevail in genflemen's minds. If the peti
tioners were so uninformed as to suppose that Congress could be guilty
of a violation of the Constitution, yet, I trust we know our duty better

87
than to be led astray by an application from any man, or set of men
whatever. I do not consider the merits of the main question to bo before
us; it will be lime enough to give our opinions upon that, when tlie com
mittee have reported. If it is in our power, by recommendation, or any
other w-ay, to put a stop to the slave trade in America, I do not doubt of
its policy; but how far the Constitution will autiiorize us to attempt to
depress it, will be a question well worthy of our consideration.
Mr. Sherman (of Conn.) observed, that tiie petitioners from New York,
stated that they had applied lo the legislature of that State, lo prohibit
certain practices which they conceived to be improper, and which tended
to injure the well-being of the community ; that the legislature had con
sidered the application, but had applied no remedy, because they sup
posed that power was exclusively vested in the general government,
under the Constilution of the United Slates ; it would, therefore, be
proper lo commit that petition, in order to ascertain what were llie pow
ers of the general government, in the case doubled by the legislature of
New York. -
Mr. Gerry (of Mass.) thought gentlemen were out of order in entering
- upon the merits of the raain question at this time, when they were con
sidering the expediency of coraraitting the petition ; he should; therefore,
not follow them further in that track than barely lo observe, that it was
the right of the citizens to apply for redress, in every case they conceived
themselves aggrieved in ; and il was the duty of Congress lo afford re
dress as far as is in their power. That their Southern brethren had been
betrayed into the slave trade by the first settiers, was lo be lamented ;
they were not to be reflected on for not viewing this subject in a different
light,,the prejudice of education is eradicated with difficulty; but he
thought nothing would excuse the general government for not exerting
itself to prevent, as far as they constitutionally could, the evils resulting
from such enormities as were alluded to by the petitioners ; and the same
considerations induced him highly to coraraend the part the society of
Friends had taken;. it was the cause of huraanity they had interested
themselves in, and he wished, with them, lo see measures pursued by
eveiy nation, to wipe off the indelible stain which the slave trade, had
brought upon all who were concerned in it
Mr. Madison (of Va.) thcTughl the question before the committee was
no otherwise important than as gentlemen made it so by their serious
opposition. Did they permit the commitment of the Memorial, as a
matter of course, no notice would be taken of it out of doors ; it could
never be blown up into a decision of the question respecting the dis
couragement of the African slave trade, nor alarm the owners with an
apprehension that the general government were about to abolish slavety
in all the Slates; such things are not contemplated by any gentleman.;
but, to appearance, they decide the question more against iheriiselves
than would be the case if it was determined on ils real merits, because
gentiemen may be disposed to vote for the commitment of a petition,
without any intention of supporting the prayer of it

88
Mr. White (of Va.) would not have seconded the motion, if he had
thought it would have brought on a lengthy debate. He conceived that
a business of this kind ought lo bo decided without much discussion ; it
had constantiy been the practice of the house, and he did not suppose
there was any reason for a deviation.
Mr. Page (of Va.) said, if the memorial had been presented by any
individual, instead of tho respectable body it was, he should have voted
-in favor of a conimitment, because it was the duly of the legislature to
attend to subjects brought before them by their constituents ;~ if, upon
inquiry, il was discovered to be improper to comply wilh the prayer of
the petitioners, lie would say so, and they would be satisfied.
Mr. Stone (of Md.) thought the business ought to be left to lake Its
usual course ; by the rules of the house, it was expressly declared, that
petitions, raeraorials, and other papers, addressed to the house, should
not be debated or decided on the day they were first read.
Mr. Baldwin (of Ga.) felt at a loss to account why precipitation was
used on this occasion, conlraiy to the customary usage of the house ; he
had not heard a single reason advanced in favor of it. To be sure it was
said the petitioners are a respectable body of raen — he did not deny it — '¦
but, certainly, gentlemen did not suppose they were paying respect to
them, or to the house, when they urged such a hasty procedure ; anyhow
it was contrary to his idea of respect, and the idea the house had" always
expressed, when they had important subjects under consideration ; and,
therefore, he should be against the motion. He was afraid that there was
really a little volunteering in this business, as il had been termed by the
gentleman from Georgia.
Mr. Huntington (of Conn.) considered the petitioners as much disin
terested as any person in the United States ; he was persuaded they had
an aversion lo slavery; yet they -were not singular in this, others had the
same ; and he hoped when Congress look up the subject, they would 'go
as far as possible to prohibit the evil complained of. But he thought
that would better be done by considering it in the light of revenue.
When the commitiee of the whole, on the finance business, came to the
ways and means, il might properly be taken into consideration, without
giving any ground for alarm. '
Mr. Tucker, (of S. C.) I have no doubt on my mind respecting what
ought to be done on this occasion ; so far from coraraitting the meraorial,
we ought to disraiss it without further notice. What is the purport of
the memorial ? It is plainly this ; to reprobate a particular kind of com
merce, in a moral -view, and to request the interposition of Congress to
effect its abrogation. But Congress have no authority, under the consti
tution, to do more than lay a duty of ten dollars upon each person im
ported ; and this is a political consideration, not arising from either re
ligion or morality, and is the only principle upon which we can proceed
to take it up. But what effect do these men suppose -will arise from their
exertions ? Will a duty of ten dollars diminish the importation ? Will

89
the treatment be better than usual ? I apprehend it will not, nay, it may
be worse. Because an interference whh the subject may excite a great
degree of restiessness in the minds of those il is intended to serve, and
that may be a cause for the masters lo use moro rigor towards them, than
they would otherwise exert; so that these men seem to overshoot thek
object But if they will endeavor to procure the abolition of the slave
trade, let them prefer their petitions to the State legislatures, who alone
have the power of forbidding the importation ; I believe tiieir applica
tions there would be improper ; but if tiiey are any where proper, it is
there. I look upon the address lljen to be ill-judged, however good the
intention of the framers.
. Mr. Smith (of S. C.) claimed it as a right, tiiat the petition should lay
over till to-morrow.
Mr. Boudinot (of N. J.) said it was not unusual to commit petitions on
the day they were presented; and the rules of the house admitted the
practice, by the qualification which followed the positive order, that pe
titions should not be decided on the day they were first read, " unless
where the house shall direct otherwise."
Mr. Smith (of S. C.) declared his intention of calling the yeas and
nays, if gentlemen persisted in pressing the question.
Mr. Clymer (of Penn.) hoped the motion would be withdrawn for the
present, and the business taken up in course to-morrow ; because, though
he respected the memorialists, he also respected order and the situation
of the merabers.
Mr. Fitzsimons (of Penn.) did not recoUect whether he moved or sec
onded the motion, but if he had, he should not withdraw it on account
of the threat of calling the yeas and nays.
Mr. Baldwin (of Ga.) hojied the business would be conducted with
temper and moderation, and that gentiemen would concede and pass the
subject over for a day at least.
Mr. Smith (of S. C.) had no idea of holding out a threat to any gen
tleman. If the declaration of an intention to call the yeas and nays was
viewed by gentleraen in that light, he would withdraw that call.
Mr. White (of Va.) hereupon withdrew his motion. And the address
, was ordered to lie on the table. r^--v.^,_^
'^ .' February 12th, 1790.
f'ihe following memorial was presented and read :
/ « To the Senate and House of Representatives of the United States:
iThe Memorial of the Pennsylvania Society for promoting the ahoUtion
of slavery, the relief of free negroes unlawfully held in bondage, and
the improvement of the condition of the African race, respectfully
showeth: That frora a regard for the happiness of mankind, an associa
tion was formed several years since in this State, by a number of her
citizens, of various religious denominations, for promoting the abolition
of slavery, and for the relief of those unlawfully held in bondage. A
iust and acute conception of the true principles of liberty, as it spread
8*

90
through the land, produced accessions to their numbers, many friends to
their cause, and a legislative cooperation -with their views, -(vhicli, by the
blessing of Divine Providence, have been successfully directed lo the
relieving from bondage a largo number of their fellow creatures of the
African race. They have also the satisfaction to observe, that, in conse
quence of that spirit of philanthropy and genuine liberty which is gen
erally diffusing its beneficial influence, similar institutions are forming
at horae and abroad. That mankind are all formed by the same Almighty
Being, alike objects of his care, and equally designed for the enjoyment
of happiness, the Christian religion teaches us to believe, and the politi
cal creed of Americans fully coincides with the position. Your m'erao-
rialisls, particularly engaged in attending to the distresses arising from
slavery, believe it their indispensable duty to present this subject to your
notice. They have observed with real satisfaction, that many important
and salutary powers are vested in you for 'promoting the welfare and
securing the blessings of liberty to the people of the United Slates;' and
as they conceive, that these blessings ought rightfully to be administered
without distinction of color, to all descriptions of people, so they indulge
themselves in the pleasing expectation, that nothing which can be done
fbr the relief of the unhappy objects of their care, will be either omitted
or delayed. From a persuasion that equal liberty was originally the
portion, and is still the birth-right of all men, and influenced by the
strong ties of humanity and the principles of their institution, your me
morialists conceived themselves bound lo use all justifiable endeavors to
loosen the bands of slavery, and proraote a general enjoyment of the
blessings of freedom. Under these impressions, they earnestly entreat
your serious attention to the subject of slavery ; that you will be pleased
to countenance the, restoration of liberty to those unhappy men, who
alone, in this land of freedora, are degraded into perpetual bondage, and
jvho, amidst the general joy of surrounding freemen, are groaning in
servile subjection ; that you will devise means for removing this incon
sistency from the character of the American people ; that you will pro
mote mercy and justice towards this distressed race, and that you will
step to the very verge of the power vested in you, for discouraging every
species of traffic in the persons of our fellow-men.
"BENJAMIN FRANKLIN, President.
"Philadelphia, Felruary 3, 1790."
Mr. Hartley (of Penn.) then called np the memorial presented yes
terday, from the annual meeting of Friends at Philadelphia, for a second
reading ; whereupon the same was read a second time, and moved to be
committed. Mr. Tucker (of S. C.) was sorry the petition had a second reading, as
Be conceived it contained an unconstitutional request, and frora that con
sideration he wished it thrown aside. He feared die coramilmenl of it
would be a very alarming circumstance to the Southern Stales ; for if
tibe object was to engage Congress in an unconstitutional measure, it

yi
would he considered as an interference -vvith thek rights, the people
would become very uneasy under the government, and lament that they
ever put additional powers into thek hands. He was surprised to see
another memorial on the same subject, and that signed by a man who
ought to have known the constitution better. He tiiought it a mis
chievous attempt, as it respected tiie persons in whose favor it was in
tended. It would buoy them up with hopes, without a foundation, and
as they could not reason on the subject, as more enlightened men would,
they might be led to do what they would be punished for, and the owners
of them, in their ovra defence, would be compelled lo exercise over
them a severity they were not accustomed to. Do these men expect a
general emancipation of slaves by law ? This would never be submit
ted to by the Southern States without a civil war. Do they mean to
purchase their freedom ? He believed their money would fall short of
the price. But how is it they are more concerned in this business than
others? Are they lh6 only persons who possess religion and morality?
If the people are not so exemplary, certainly they will admit the clergy
are ; why then do we not find them uniting ki a body, praying us to
adopt measures for the promotion of religion and piety, or any moral
object? Tbey know it would be an improper inteference; and to say
the best of this memorial, it is an act of imprudence, which he hoped
would receive no countenance frora the house.
Mr. SENEY(of Md.) denied that there was anything unconstitutional in
the memorial, at least, if there was, it had escaped his attention, and he
should be obliged to the gentleman to point it out. Its only object was,
that congress should exercise thek constitutional authority, to abate the
horrors of slavery, as far as they could: Indeed, he considered that all
altercation on the subject of commitraent was at an end, as the house
had irapliedly determined yesterday that it should be committed.
Mr. Burke (of S. C.) saw the disposition of the house, and he feared
it would be referred to a coramittee, maugre all thek opposition ; but he
must insist that it prayed for an unconstitutional raeasure. Did it not
desire congress to interfere and abolish the slave trade, while the consti
tution expressly stipulated that congress should exercise no such powerj?
He was certain the coramilmenl would sound an alarm, and blow the
trumpet of sedition in the Southern States. He was sorry lo see the
petitioners paid more attention to than the constitution; however, he
would do his duty, and oppose the business totally; and if it was referred
to a committee, as mentioned yesterday, consisting of a member from
each Stale, and he was appointed, he would decline serving.
Mr. Scott, (of Penn.) I canl'l entertain a doubt but the memorial is
strictly agreeable lo the constitution : it respects a part of the duty par
ticularly assigned to us by that instrument, and I hope we may be in
clined to take it into consideration. We can, at present, lay our hands
upon a small duty often dollars. I would take this, and if it is all we
can do, we must be content But I am sorry that the framers . of the

92
constitiition did not go farther and enable us to interdict it for good and
all ; for I look upon tiic slave-trade lo be one of tho most abominable
tilings on eartii; aud if tiiere was neither God nor devil, I should oppose
it upon tho principles of humanity and tho law of nature. I cannot, for
my part, conceive how any person can be said lo acquire a property in
another ; is it by virtue of conquest ? What ai-e the rights of conquest ?
Some have dared lo advance this monsti-ous principle, that the conqueror
is absolute master of his conquest; that he may dispose ofil as his
property, and treat il as he pleases ; but enough of those who reduce
men to the slate of transferable goods, or use them like beasts of bur
den ; who deliver them up as the property or patrimony of another man.
Let us argue on principles countenanced by reason and becoraing hu
manity; the, pelkioners view the subject in a religious light, but I do not
stand in need of religious motives to induce me to reprobate the traffic
in human flesh ; other considerations weigh with me to support the com
mitment of the memorial, and to support every constitutional measure
likely to bring about its total abolition. Perhaps, in our legislative ca
pacity, we can go no further than lo impose a duty of len dollars, but I
do not know how far I might go, if I was one of the judges of the United
Slates, and those people were to come before me and claira their eman
cipation ; but I am sure I would go as far as I could.
Mr. Jackson (of Ga.) differed with the gentleman last up, and sup
posed the master had a qualified property in his slave ; he said the con
trary doctrine would go to the destruction of every species of personal
service. The gentleman said he did not stand in need of religion to
induce him lo reprobate slavery, but if he is guided by that evidence,
which the Christian system is founded upon, he will find that religion is
not against il ; he will see, fi-om Genesis to Revelation, the current setting
strong that way. There never was a government on the face of the earth,
but what permitted slavery. The purest sons of fi-eedom in the Grecian
republics, the cilizens of Athens and Lacedteraon all held slaves. On
this principle the nations of Europe are associated ; it is the basis of the
feudal system. But suppose all this to have been wrong, let rae ask the
gentieman, if it is policy to bring forward a business at this moment,
likely to light up a flame of civil discord, for the people of the Southern
States will resist one tyranny as soon as another; the other parts of the
continent may bear them down by force of arms, but they will never
suffer themselves to be divested of thek property without a struggle.
The gentleman says, if he was a federal judge, he does not know to
what length he would go in emancipating these people ; but, I believe
his judgraent would be of short duration in Georgia; perhaps even the
existence of such a judge might be in danger.
Mr. Sherman (of Conn.) could see no difficulty in committing the me
morial ; because it was probable the committee would understand thek
busines.*:, and perhaps they raight bring in such a report as would be
satisfactory to gentlemen on both sides of the House.

93
3Ir. Baldwin (of Ga.) was sony the subject had ever buen brought
before Congress, because it was of a delicate nature, as it respected
some of the States. Gentiemen who had been present at the formation
of this Constitution, could not avoid the recollection of tiio pain anil
difficulty which tiie subject caused in that body ; the members from the
Southern Slates were so tender upon this point, that they had well nigh
broken up without coming to any determination ; however, from the
extreme desire of preserving the Union,. and obtaining an efficient gov
ernment, they mere induced mutually, to concede, and the Constitution
jealously guarded what they agreed lo. If gentlemen look over the
footsteps of that body, they wiU find the greatest degree of caution used
to imprint them, so as not to he easily eradicated ; but the moment we
go to jostie on that ground, said he, I fear we shaU feel it tremble under
our feet. Congress have no power to interfere with the importation of
slaves, beyond what is given in the 9th section of the first article of the
Constitution ; eveiy thing else is interdicted to them in the strongest
terms. If we examine the Constitution, we shall find the expressions,
relative to this subject, cautiously expressed, and more punctiliously
guarded than any other part. " The migration or importation of such
persons, shall not be prohibited by Congress." But lest this should not
have secured the object sufficiently, it is declared in the same section,
" That no capitation or direct tax shall he laid, unless in proportion lb
the census ; " this was intended to prevent Congress from laying any
special tax upon negro slaves, as they might, in this way, so burthen the
possessors of them, as lo induce a general eraancipation. If we go on
to the 5lh article, we shall find the Isl and Sth clauses of the 9th section
of the 1st article restrained frora being altered before the year 1808.
Gentlemen have said, that this petition does not pray for an abolition
of the slave-trade ; I think, sir, il prays for nothing else, and therefore
we have no raore to do with it, than if it prayed us to establish an order
of nobility, or a national religion.
Mr. Sylvester (bf N. Y.) said tbat he had always been in tiie habit of
respecting the society called Quakers ; he respected them for their exer
tions in the cause of humanity, but he thought the present was not a
tirae to enter into a consideration of the subject, especially as he con
ceived it to be a business in- the province of the Stale legislatures.
Mr. Lawrance (of N. Y.) observed that the subject would undoubt
edly conie under the consideration of the House ; and he thought, that
as it was now before them, that the present time was as proper as any;
he was therefore for committing the memorial ; and when the prayer of
it had been properly examined, they could see how far Congress may
constitutionally interfere ; as they knew the limits of their power on this,
as well as on every other occasion, there was no just apprehension to be
entertained that they would go beyond them.
Mr. Smith (of S. C.) insisted that il was not in the power of the House
to grant the prayer of the petition, which went to the total aboUshment

94
of the slave-trade, and it was therefore uiineccssaiy to commit it. He
observed, that in the Southern States, difficulties had arisen on adopting
the Constitution, inasmuch as it was apprehended, that Congress might
take measures under it for abolishing the slave-trade.
Perhaps the petitioners, when thoy applied lo this House, did not tiiink
thek object unconstitutional, but now they are told that it is, they will
be satisfied with the answer, and press it no further. If their object had
been for Congress to lay a duty of len dollars per head on the importa
tion of slaves, they would have said so, but that does not appear to have
been the case ; the commitment of the petition, on that ground, cannot
be contended ; if they will not be content with that, shall it be com
mitted to investigate facts ? The petition speaks of none ; for what
purpose then shall it be committed ? If gentiemen can assign no good
reason for the measure, they will not support it, when they are told that
it -will create great jealousies and alarm in the Southern States ; for I can
assure them, that there is no point on which they are more jealous and
suspicious, than on a business with which they think the government
has nothing to do.
When we entered into this Confederacy, we did it from political, not
from moral motives, and I do not think my constituents want to learn
morals from the petitioners ; I do not believe they want improvement in
thek moral, system ; if they do, they can get it at home.
The gentleman from Georgia, has justly slated the jealousy of the
Southern States. On entering into this government, they apprehended
that the other States, not knowing the necessity .the citizens of the
Southei-n States were under lo hold this species of property, would,
from motives of humanity and benevolence, be led to vole for a general
emancipation ; and had they not seen that the Constitution provided
against the effect of such a disposition, I raay be bold to say, they never
would have adopted it. And notwithstanding all the calmness with
which some gentlemen have viewed the subject, tbey will find, that the
discussion alone will create great alarm. We have been told, that if the
discussion will create alarm, we ought to have avoided il, by saying noth
ing ; but it was not for that purpose that we were sent here ; we look upon
this measure as an attack upon the palladium of the property of our
country ; it is therefore our duly lo oppose it by every means in our
power. Gentlemen should consider that when we entered into a politi
cal connexion with the other States, that this property was there ; it
was acquired under a former government, conformably to the laws and
Constitution ; therefore anything that will tend lo deprive them of that
property, must be an ex post facto law, and as such is forbid by our politi
cal compact.
I said the States would never have entered into the confederation,
unless their property had been guaranteed to thera, for such is the state
of agriculture in that country, that without slaves it raust be depopu
lated. Why will these people then make use of arguraents to induce

95
the slave to turn his hand against his master ? We labor under difii
culties enough from the ravages of the late war. A gentleman can
hardly come from that country, with a servant or two, either lo this
place or Philadelphia, but what there are persons trying to seduce his
servants lo leave him ; and, when they have done tiii ;, the, poor wretches
are obliged lo rob their master in order to obtain a subsistence ; all
tiiose, therefore, who aio concerned in this seduction, ai-e accessaries to
the robbery.
The reproaches which they cast upon the owners of negro property,
is charging them with the want of humanity; I beUeve the proprietors
are persons of as much humanity as any part of the continent and are
as conspicuous for their good morals as their neighbors. It was said
yesterday, that the Quakers were a society known to the law's, and the
Constilution, but they are no niore so than other religious societies ; they
stand exactiy in the sarae situation ; their memorial, therefore, relates to
a raatter in which they are no more interested than any other sect, and
can only be considered as a piece of advice ; it is customary to refer a
piece of advice to a committee, but if it is supposed to pray for what
they think a moral purpose, is that sufficient to induce us to commit it ?
What may appear a moral vktue iu their eyes, may not be so in reality.
I have heard of a sect of Shaking Quakers, who, I presume, suppose
their tenets of a raoral tendency ; I am informed one of them forbids to
intermarry, yet in consequence of their shakings and concussions, you
may see thera -with a nuraerous offspring about thera. Now, if these
people were to petition Congress lo pass a law prohibiting matrimony,
I ask, would gentlemen agree lo refer such a petition? I think if
they would reject one of that nature, as improper, they ought also lo
reject this.
Mr. Page (of Va.) was in favor of the coramilmenl; he hoped that the
designs of the respectable memorialists would not be stopped at. the
threshold, in order to preclude a fair discussion of the prayer of the me
morial. He observed that gentiemen had founded theiij arguments upon
a misrepresentation ; fbr the object of the meraorial was not declared to
be the total abolition of the slave trade ; but that Congress would con
sider, whether it be not in reality within their power lo exercise justice
and mercy, which, if adhered to, they cannot doubt must produce the
abolition of the slave trade. If then the prayer contained nothing im-
constilulional, he trusted the meritorious effort would not be frustrated.
Wilh respect to the alarm that was apprehended, he" conjectured there
was none ; but there might he just cause, if the memorial was not taken
into consideration. He placed himself in the case of a slave, and said,
that on hearing that Congress had refused to listen to the decent sugges
tions of a respectable part of the community, he should infer, that the
general government (from which was expected great good would result to
every class of cilizens) had shut their ears against the voice of humanity,
and he shoidd despair of any alleviation of the miseries he and his pos-

96
terity had in prospect; if anything could induce him to rebel, it must be
a stroke Uke tiiis, impressing on his mind all the horrors of despair.
But if he was lold, that application was made in his behalf, and that
Congress were willing to hear what could be urged in favor of discour
aging the practice of importing his fellow- wretches, he would ti-ust in
thek justice and huraanity, and wail the decision patiently. He pre
sumed that these^unfortunate people would reason in the same way ; and
he, therefore, conceived the most likely way lo prevent danger, was to
commit the petition. He lived in a State which had the misforttine of
having in her bosom a great number of slaves, he held raany of them
himself, and was as much interested in the business, he believed, as any
gentleman in South Carolina or Georgia, yet, if he was determined to
hold them" in eternal bondage, he should feel no uneasiness or alarm on
account of the present raeasure, because he should rely upon the virtue
of Congress, that they would not exercise any unconstitutional authority.
Mr. Madison (of Va.) The debate has taken a serious turn, and it
wiU he owing lo this alone if an alarm is created ; for had the memorial
been treated in the usual way, it would have been considered as a mat
ter of course, and a report might, have been made, so as to have given
general satisfaction.
If there was the slightest tendency by the coramilmenl to break in
upon the Constitution, he would object lo il; but he did not see upon
what ground such an event was to be apprehended. The petition
prayed, in general terms, for the interference of Congress, so far as they
were constitutionally authorized ; but even if ils prayer was, in some de
gree, unconstitutional, it might be committed, as was the case on Mr.
Churchman's petition, one part of which was supposed to apply for an
unconstitutional interference by the general government.
He admitted that Congress was restricted by the Constitution from
taking measures to abolish the slave trade ; yet there were a variety of
ways by which they could countenance the abolition, and they might
make some regulations respecting the introduction of them into the new
States, to be formed but of the Western Territory, different from what
they could in the old settled States. He thought the object well worthy
of consideration.
Mr. Gerry (of Mass.) thought the interference of Congress fully com
patible wilh the Constitution, and could not help lamenting the raiseries
to which the natives of Africa were exposed by this inhuraan coramerce ;
and said that he never contemplated the subject, without reflecting what
his own feelings would be, in case himself, his children, or friends, were
placed in the same deplorable circumstances. He then adverted to the
flagrant acts of cmelty which are comraitted in carrying on that ti-affic ;
and asked whether it can be supposed, that Congress has no power to
prevent' such transactions ? He then referred to the Constitution, and
pointed out the restrictions laid on the general government respecting
the importation of slaves. It was not, he presumed, m the contemplation

97
of any gentleman in this house to violate that part of the Constilution ;
but that we have a right to regulate this business, is as clear as that we
have any rights whatever ; nor has the contrary been shown by any per
son who has spoken on tiie occasion. Congress can, agreeable lo the
Constilution, lay a duty of ten dollars on imported slaves ; they may do
this immediately. He made a calculation of the value of tiie slaves in
the Southern Stales, and supposed they might be worth ten raillions of
dollars ; Congress have a right, if they see proper, to make a proposal to
the Southern Slates to purchase the whole of them, and thek resources
in the Western Territoiy may furnish thera with means. He did not in
tend to suggest a measure of this kind, he only instanced these particu
lars, to show that Congress certainly have a right to intermeddle in the
business. He thought that no objection had been offered, of any force,
to prevent the commitraent of the memorial.
Mr. Boudinot (of N. J.) had carefully examined the petition, and found
nothing like what was complained of by gentlemen, contained in it ; he,
therefore, hoped they would withdraw their opposition, and suffer it to
be committed.
Mr. Smith (of S. C.) said, that as the petitioners had particularly
prayed Congress to take measures for the annihilation of tiie slave trade,
and that was adraitted on all hands to be beyond their power, and as the
petitioners would not be gratified by a tax often dollars per head, which
was all that was within thek power, there was, of consequence, no occa
sion for committing it ,
Mr. Stone (of Md.) thought this memorial a thing of course ; for there
never was a society, of any considerable extent, which did not interfere
with the concerns of other people, and this kkid of interference, when
ever it has happened, has never failed to deluge the country in blood :
on this principle he was opposed to the commitment
The question on the commitment being about to be put, the yeas and ¦
hays 'were called fbr, and are as follows : —
Yeas. — Messrs. Ames, Benson, Boudinot, Brown, Cadwallader, Clymer,
Fitzsimons, Floyd, Foster, Gale, Gei-ry, Gilman, Goodhue, Griffin, Grout,
Hartley, Hathorne, Heister, Huntington, Lawrance, Lee, Leonard, Liver-
more, Madison, Moore, Muhlenberg, Page, Parker, Partridge, Renssellaer,
Schureman, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith of
Maryland, Sturges,- Thatcher, TrumbuU, Wadsworth, White, and Wyn
koop — 43.
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
petition of the Society of Friends, at New York, and the memorial from
the Pennsylvania Society, for the abolition of slavery, were also refen-ed
to a commitiee. 9

98
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 lo the consideration of this house, a subject
on which ils iulerference would be unconstitutional, and even its delib
erations highly injurious to "some of the States in tho 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 prin
ciples of the resolutions lo be examined fiiiily, and lo 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 raake thera appear iu the same light lo others as they did lo him
by fair argument, that the gentlemen in opposition were not so deter
mined in their opinions as not to give up their present sentiments.
With respect to the policy of the measure, fhe situation of the slaves
here, their situation in their native States, and the disposal of them in
case of emancipation, should be considered. That slaveiy was an evil
habit, he did not mean lo controvert ; but that habit was already estab
lished, 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
reraained uncultivated for the want of population. It was frequently ad
vanced on the floor of Congress, how unhealthy those climates were,
and how impossible it was for northem constitutions to exist there.
What, he asked, is to be done with this uncultivated lenitory ? Is il lo
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 daUy increasing, and lo 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 lo give me one single instance in
which they can be of service. They are of no use lo Congress. The
powers of that body are already defined, and those powers cannot be
amended, confkmed or diminished by ten thousand resolutions. Is not
the first proposition of the report fully contained in the Constitution ?
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 confkra a law ; and how rauch
more strange must it appear for this body to pass resolutions to confirm
the Consliluliion under which they sit ! This is the case with others of
the resolutions.
A gentieman from Maryland (Mr. Stone,) veiy properiy observed, that
the Union had received the different States wilh aU their UI habits about
them. This was one of these habits established long before the Consti
tution, and could not now be remedied. He begged Congress to reflect

99
on the number on the continent who were opposed to this Constitution,
and on the number which yet remained in the Southern States. Tlie vio
lation 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 w-ould be injured by the measure, would be
induced lo join them : his heart was truly federal, and it always had beeu
. so, and he wished those designs frustrated. He begged Congress to bo-
ware before they went too far r he called on them to attend to the inter
ests of two whole States, as well as to the memorials of a society of
Quakers, -vvlio came forward to blow the trumpet of sedition, and to de
stroy that Constitution which they had not in the least contributed by
personal service or supply lo establish.
He seconded Mr. Tucker's motion.
Mr. Smith (of S. C.) said, the gentlemen frora Massachusetts, (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 Constitution. Il was not less astonish
ing to see Dr. Franklin taking the lead in a business which looks so
much Uke 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 raen persecuting others for a difference of
opinion. The parable was to this effect : an old traveller, hungry and
weary, applied to the patriarch Abrahara for a night's lodging. In con
versation, Abraham discovered that the stranger differed wilh him on
religious points, and turned him out of doors. In the night God ap
peared unto Abraham, and said, where is the stranger ? Abraham an
swered, I found that he did not worship the true God, and so I turned
him out of doors. The Almighty thus rebuked the patriarch : Have I
borne wilh him three-score and ten years, and couldsl thou not hear witii
- bim one night ? Has the Alraighly, said Mr. Smith, borne wilh us for
more than three-score years and ten : he has even raade our country op
ulent, and shed the blessings of affluence and prosperity on our land,
notwithstanding all its slaves, and raust we now be ruined on account of
the tender consciences of a few scrupulous individuals who differ from
' us on this point ? v .
Mr. Boudinot agreed with the general doctrines of Mr. S., but could
not agree that the clause in the Constitution relating to the want of power
in Congress to prohibit the importation of such persons as any of the
States, jioui existing, shall think proper to admit, prior to the year 1808,
and authorizing a tax or duly on such importation not exceeding ten dol
lars for each person, did not extend to negro slaves. Candor requked
that he should acknowledge that this was the express design of the Con
stilution, and therefore Congress could not interfere in prohibiting the
iraportation or promoting the eraancipation ofthem, prior to that period.
Mr. Boudinot observed, that he was well informed that the tax or duly
of ten dollars was provided, instead of the five per cent ad valorem, and

100
was so expressly understood by all parties in the Convention ; tiiat there
fore it was the interest and duty of Congress to impose this tax, or it
would not be doing justice to the States, or equalizmg the duties through
out the Union. If this w£is not done, merchants might bring their whole
capitals into this branch of trade, and save paying any duties whatever.
Mr. Boudinot observed, that the gentieman had overlooked the proph
ecy of St Peter, where he foretells that among other damnable heresies,
"Through covetousness shall they with feigned words make merchan
dize of you." i
[Note. — This petition, -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 suc
cessive days ; it was then reported to the House with araendraents, and
by the House ordered to be inscribed in its Journals, and then laid on
die 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 So
ciety for promoting the abolition of slavery, submit the fbllowing report,
(as amended in commitiee 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 eman
cipation 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 regula
tions, for the humane treatment, during their passage, of slaves iraported
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 fipm Africa to any foreign port"]

101

.ADDRESS
OF THE
EXECUTIVE COMMITTEE
OF
THE^AM£BJCAN__ANTI-SLAVERY SOCIETY
TO THE
Friends of Freedom and Emancipation in the U. States.
• At the Tenth Anniversary of the American Anti-Slavery Society,
held in the city of New- York, May 7th, 1844, — after grave deUberation,
and a longand earnest discussion, — it was decided, by a. vole of nearly
three to one of the raerabers present, that fidelity to the cause of human
freedom, hatred of oppression, sympathy for those who are held, in
chains and slavery in this republic, and allegiance to God, require that
me existing national compact should be instantly dissolved; that se
cession from the government is a religious and political duty ; that the
motto inscribeg on the banner of freedon ahoiilH be, NO UNION
"WITH SLAVEHOLDERS ; that it is impracticable for tyrants and flie
enemies of tyranny to coalesce and legislate together for. the preserva
tion of human rights, or the pi-omotion of the interests of Liberty'; and
that revolutionary ground should be occupied by all those who abhor
tie thought of doing evil that good raay come, and who do not mean to
compromise the principles of Justice and Humanity.
A dtoision invol-ving such momentous consequences, so well calcidat-
ed to startle the public mind, so hostile to the established order of
things, demands of us, as the official representatives of the American
Society, a statement of the reasons which led to it This is due not
only to the Society, but also to the country and the world.
'~ It is declared by the American people to be a .self-evident truth, "^that
alt men are created equal ; that they are endowed BY THEIR CREA
TOR with certain inalienable rights; that_among these- are t^e,
T.TRgRTVj nnH thei piiraujt of hflppine.sa." It is further maintained by
them, that " all govemmenta derive thek just powers from the consent
of the governed;" that "whenever any form of government becomes]
destructive of human rights, it is the nghtofjhe peoplejo alter or to/
abolish it^ and institute a new governinent/laying TtiToimdation on sucM
piBiJfpfeS, and organizing its powers in such fbrm^ as to them shall
seem most likely to effect their safety and happiness." These doctrines
tbe patriots of 1776 sealed with their blood. They would not brook
even the menace of oppression. They held that there should be no
delay in resisting, at whatever cost or peril, the first encroachments of
power on thek liberties. Appealing to the great Ruler of the universe
for the rectitude of thek course, they pledged to each other " thek lives,
9*

102
thek fortunes and thek sacred honor," to conquer or perish in thek
struggle to be free.
For the example which they set to all people subjected to a despotic
s-way, and the sacrifices which they made, their descendants cherish
thek memories with gratitude, reverence thek virtues, honor their
deeds, and glory in thek triumphs.
. It is not necessary, therefore, for us to prove that a state of slavery is
incoinpatiblewith the dictates of reason and humanity; or that it is law?
fiiljojlfiMe-!off% governnagnt which is at war with the sacred rights
of pianlniSr __!.
We regard this as indeed a solemn crisis, which requires of every
man sobriety of thought, prophetic forecast, independent judgment,
invincible determination, and a sound heart A revolutionary step is
one that should not.be taken hastily, nor followed under theTHfluence
of impulsive imitation. To know what spirit they are of — whether
they have counted the cost of the warfare — what are the principles
they advocate — and how they are to achieve their object — is the first
duty of revolutionists
But, while ckcumspection and prudence are excellent qualities in "
every great emergency, they become the allies of tyranny whenever
they restrain prompt, bold and decisive action against it
. We charge upon the present national compact, that it was formed at
the expense of human Uberty, by a profligate surrender of principle,
and to this hour is cemented with human blood.
We charge upon the American Constitution, tbat it contains provis
ions, and enjoins duties, which make it unlawful for freemen to take
the oath of aUegiance to it, because they are expressly designed to favor
a, slaveholding oligarchy, and, consequently, to make one portion of the
people a prey to another.
; Wo charge upon the e,^^tin^_ national government, that it is an
insupportable desj^t0a}*Jirielded-Jby"*-^[»»weii.wikidiJisL^^
and constitutional restraints — equally indisposed and unableto
pitJteiitTljef'HVtiS'Sf'SnSefties of the people — the prop and safeguard of
American slavery. . -i ',;:, ;,; ; t'
.These charges we proceed briefly to establish : i
L It is admitted~T>y aB meii "of intelligence, — or if it be denied in
any quarter, the records of our national history settle the question
beyond doubt, — that the American Union was effected.. J3y_ a guUty
eomproiniaa_bet wee3_&g..free and 'sTavehold ing Stales ; in other vyords,
by immolatuig the colored population on ffiFaJSEjiCilaxsryi^bj^depriv-
ingtbe Worth of equaTnghtsand privileges, and by incorporating' the,
slave"system^nroi6e^6vemment In the expressive and pertinent lan-
giiage of BcriptSePit'was " a covenant wilh death, and an agreement
¦with hell " — null and void before God, frorn jEe^srEour of its incep
tion — the,, frameira c^ whicli -were recreant to duty, an3f~the"siipporiter3
of. wfiicEare equally guilty. ""

103
Itwas pleaded at the time of the adoption, it is pleaded no^^ that,
without sucrhna"coinp"rpmTse. there could have been no union ; that, with
out union, the colonies would have become an easy prey to the modier
country; and, hence, that it was an act of necessity, deplorable indeed
iwhen viewed alone, but absolutely indispensable 'to the safety of the
rePubUc. To this we reply : The plea is as profligate as the act was tyrannical.
It is the Jesuitical doctrine, that the end sanctifies the means. It is a
confession of sin, but the denial of any guilt in its perpetration. It is at
war with the government of God, and subversive of the foundations of
moi'ality. It is to make lies our refuge, and under falsehood to hide our
selves,' so -that we, may escape the overflowing scourge. " Therefore,
thus saith the Lord God, Judgment wiU I lay to the line, and righteous
ness to the plummet; and the hail shall sweep away the refuge of lies,
- and the waters shall overflow the hiding place.'' Moreover, " because
ye trust in .oppression and perverseness, and stay thereon; therefore
this iniquity shall be to you as a -breach ready to fall, swelling out in a
high wall, whose breaking cometh suddenly at an instant And he shaU
break it as the breaking of the potter's vessel that is broken in pieces ;
he shall not spare.'' ' ,
This plea is sufficiently broad to cover all the oppression and villainy
that the sun has witnessed in his ckcuit, since God said, " Let there he
light" It assumes that to be practicable, which > is impossible, namely,
i that there can be freedom with slavery, union with injustice, and safety
¦vdth bloodguiitiness. A union of virtue -with pollutionis the triumph
of licentiousness. A partnership beFweeh right and wrong, is wholly
¦wrbrigi STcoraprbmise ariKe"prihcipIe3 (Tf^ustice, is the deification of
cnmeT " : . .•
•1 ""Better that the American Union had never been formed, than that it
should have been oEtained at such a frightful cost ! If they were guilty
;wh'o fashioned i^" but who could not fbrieseO all its frightful consequen- '
ces, how much more guilty are they, who, in full view of all that has
resulted from it, clamor for its perpetuity ! If it was sinful at the com
mencement, to adopt it on the ground of escaping a greater evil, is it not
equally sinful to' swear to support it for the same reason, or until, in pro
cess of time, it be purged from ils corruption ?
:. The fact is, the compromise alluded to, instead ofeffesting.a^union,
rendered"fi^mpracticablejji.nless15yihe" ternTunion we are to und'er-
stand tEe~"alSolute reign of the slaveholding, power over the whole
country, to the prostrationi of Northem rights. In the just use of words,
theArnericanJJhion_wjUDd_sJw.aysJiasJbeen
is ian instrument of oppression unsurpassed in the criminal history of
the world. How then can it be innocently sustained ? It is not certain,
it is not even probable, that if it had not been adopted, the mother
country would have reconquered the colonies. ¦ The spirit that would
have chosen 'danger in preference to crime, — to perish with justice

104
rather than live with dishonor, — to dare and suffer whatever might be-
tide, rather than sacrifice the rights of one huraan being, — could never
have been subjugated by any mortal power. Surely it is paying a poor
tribute to the valor and devotion of our revolutionary fathers in the
cause of Uberty, to say that, if they had sternly refused to sacrifice thek
principles, they would have fallen an easy prey to, the despotic power of
England. n. The Anierican Constitution is the exponent of the national com
pact We affirm that it is an instrument which no man can inpocehtiy
bind hiraself to support, becaiise ilsTritfiepublitaaZapilraufFcBrisfian
reqUifemeiTts are explicit and peremptory ; at least, so explicit that, in
regard to all ifrenelauses pertaiiiiFg^to slavery, they haVebeerTuiiiformly
understbod and enforced in the sarae way, "by all the courts and by all
the people;. and so peremptory, that no individual interpretation or au
thority can set them aside with impunity.' It is not a ball of clay, to be
moulded into any shape that party contrivance or caprice may choose it
to assume. It is not a form of words, to be interpreted in any liianner,
or to any extent, or for the accomplishment of any purpose, that indi
viduals in office under it may determine^ It means precisely what those
vAofrp,med and adopted ii meant — nothino more, nothing less, as a
matter of bargain and compromise. Even if it can be construed- to mean
something else, without violence to its language, such conslmclion is
not to be tolerated against the wishes of either party. No just or honest
use of it can be made, in opposition to the plain inlenlinn" of T^.'j fi-afherfsT"
txeept io declare the contract at an end, and to refuse to serve under it.
"To tne argume""ntVlh"at" the words " slaves_^_and "slavery" are not to
be fiSifndln the' 'C^jtittrti.gnJ'and "therefore that it was never intended to
give any protection or countenauce to the slave system, it is sufficient to
replyrthatrth5ugirno"such words are contained in that kistriiiile&t, other
words wiw used-inteUigently and specifically, to MEE'T~THi'NECESsiTrifs
OF sLlAVKhI r'aiHrfHat'^tEei'e'-were 'adtipled m goodfaiiJi^to he observed
utUil'li eonaiiiaHonal change could le effected. On this point, as to the
- design of certain provisions, no intelligent raan can honestly entertain a
doubt If it be objected, that though these provisions were meant to
cover slavery, yet, as they can fairly be interpreted lo mean soraething
exactly the reverse, it is allowable to give to them such an interpretation,
tspeciaUy as ihe ca'dse of Jreedom wilt thereby le promoted — we reply, that
this is to advocate fraud and violence toward one of the contracting
parties, whose ,co-operaticm loas secured only ly an express agreement and
understanding between th/em loth, in regard io the clauses alluded io ; and
that such a conslmclion, if enforced by pains and penalties, would un
questionably lead to a civil war, in which the aggrieved party would
justly claim to have been betrayed, and robbed of thek constitutional
rights.
¦ Again^ it be said, thatJ:hose clauses, being immoral, are. nuH..and
void .^ we reply, it is true they_ are not to .be obseryed^jJj,!j^tJt ^is also

105
tme-that they are portions of_anjnstrument,_the support of whichj_As_A
WHOLE, is required by oath or affirmation; and, therefore, because thev
jcre'immoral, ahd because of this obligation to enforce immorality.
no one can innocentl-y swear to support the Constitution.
Agam^'ifIt"6e~"obje"ct'ed,~lliaf the Constitution was formed by the
i people of the United States, in order to establish justice, to promote the
general welfare, and secure the blessings of liberty to themselves and
thek posterity; and therefore, it is to be so construed as to' harmonize
with these objects ; we reply,_again, that its language is not to le inter
preted in a sense which neither ofjthe co^ntraclxna, parties understood,^ and-
'wHich would frustrate every design of their alliance — to wit, union at
Ihe expense of the colored population of the country. Moreover, nothing ia
more certain than that the preamble alluded lo never included, in the
minds of those who framed it, those who were then pining in bondage —
fbr, in that case, a general emancipation of the slaves would have in
stantiy been proclaimed throughout the United States. The words,
"secure the blessings of liberty to ourselves and our posterity," assured
ly meant only the white population. " To promote the general welfare,"
referred to their o'wn welfare exclusively. " To establish justice," was
understood to be for thek sole benefit as slaveholders, and the guilty
abettors of slavery. This is demonstrated by other parts of the same
instrument, and by thek own practice under it
We would not detract aught fi-om what is justly their due ; but it is as
reprehensible to give them credit for what ihey did not possess, as it is to
rob them of what is theks. It is absurd, it is false, it is an insult to the
common sense of mankind, to pretend that tbe (Jonstitution wasintend-"
ed to embrace the entire population of the country, undecxtsshejiering
wings; or that the" parties to it were acluateo oy a sense oi justice and
the 'spirit of impartial liberty ; or that it needs no alteration, but only a
new interpretation, to make it harmonize with the object aimed at by its
adoption. As truly might it be argued, that because it is asserted in the
Declaration of Independence, that all men are created equal, and en
dowed with an inalienable right to liberty, therefore none of its signers
were ^slaveholders, and since ita adoption, slavery has been banished
sirom the American soil! The truth is, our &thers were intent on
pecuring liberty to themselves, without' being veiy scrupulous as to the
pn^ans they used to accoBiplish' their purpose. They were not actuated
jby the spirit of universal philanthropy; and though in -words theyre'cog-
inized occasionally the brotherhood of the human race, tn practice they
icontinually denied it They did not blush to enslave a portion of 'thek
ffaUow-men, and to buy and sell thera as cattle in the market, while they
were fighting against the oppression of the mother country, and boasting
of thek regard for the rights of man. Why, then, concede to them
virtues which _Ae;^_did^notj!Q3Sess? »%"3i% to iJ^dlseKoodi'that
they were no respecters of persons in ihe formation of ihe govem^ment ?
Alas ! that they had no more fear of God, no more regard for man, in

106
their hearts! "The iniquity of the house of Israel and Judah [the North
and South] is exceeding great, and the land is full of blood, and tiie city
full of perverseness ; for they say, the Lord hath forsaken the earth, and
the Lord seeth not."
We proceed to ajsritical examination ofth,e.Amgrisa.n Constitution, in
its relations to slavery.
In Article 1, Section 9, it is declared-^ "The migration or importa
tion of^sucfi"persons as.any of theS.tates.now, existing'shalTtBrnk proper
to admiCsliali not be prohibited by the Congress, prior to theyear one
thousand2eight,,liundr£d.-and eight; but a tax or duty may be imposed
on such importation, not exceeding ten dollars for each person."
In this Section, it will be pereeived, the phraseology is so guarded tis
not to imply, ex necessitate, any criminal intent or inhuman arrangement ;
and yet no one has ever had the hardihood or folly to deny, that it was
clearly undeiTStood by the contracting parties, to mean thgtthere jhoul d
.be no interference mtiLthe, (African slave ti-ade. on the part of^^he ^ener-
tfF^overnmqnti ^ntil the ,y.ear .1808. For twenty years after the adoption
of the Constilution, the Cilizens of the United Stales were to be encour
aged and protected in the prosecution of that infernal traffic — in sacking
and burning the haj;nlets of Africa — in slaughtering multitudes of the
inoffensive natives on the soil, kidnapping and enslaving a still greater
proportion, crowding them to sufibcalion in the holds of the slave ships,
populating the Atlantic with their dead liodies, and subjecting the
wretched survivors to all the horrors of immitigated bondage ! This
awful covenant was strictly fulfilled ; and though, since its termination.
Congress has declared the foreign slave traffic to be piracy, yet all
Christendom knows that the American flag, instead of being the terror
;of the African slavers, has given them the most ample protection.
The manner in which the 9th Section was agreed to, by the national
convention that formed the Constilution, is thus frankly avowed by the
Hon. Luther Martin,* who was a prominent member of that body:
"The Eastern States, notwithstanding their aversioa.to slavery, (!) were
very leiltinvrto indulge thr'Southem States^ at ]east with.a. teiupbiatyLliherly
tcr"1KMecute the slave trade, provided the Southern States would, in thjeir
turn,^ grdCitTT.t\ein~b£Ja.X}y>S nVirestrmtTonj}!! navigation acts; and, afteVa
verytittle^meTtire comniitteeVhy a great raajority, agreed on a report, by
lehich the general government was to he prohibited from, preventing the impor
tation of slaves for a limited time_; and the restrictive clause relative lo
navigation acta was to be omitted.'' ,
, ¦ • V
Behold _the iniquity of this agreement! how sordid were the motives
whighjedjoitT w£ara'pr<Sigate"disregard bf justice Tnd" humanity, on
the part of those who had solemnly declared the inalienable right of all
men to be free and equal, to be a self-evident tmlh! >
It is due to the national convention to say, that this Section was not
adopted " without considerable opposition." Alluding to it, Mr. Martin
observes —
;il ,,;.:; •Speecli before the Legislature of Maryland in 1787.

107
" It was said that we had just assumed a place among independent nations
in consequence of our opposition to the attempts of Great Britain to enslave
vs: tiiat this opposition was grounded upon the preservation of those rights
to which God and nature has entitled us, not in particular, but in common
with all the rest of ma-nkind ; that we had appealed to the Supreme Being
for his assistance, as the God of freedom, who could not but approve our ef
forts to preserve the rights which he had .thus imparled to his creatures;
that now, when, we scarcely had risen from our knees, from supplicating
his aid and' protection in forming our government over a free people, a
government formed pretendedly on the principles of liberty, and for its pre
servation, — 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 power and influence in the
Union in proportion as they cruelly and wantonly sport with the rights of
their fellow-creatures, ought lo be considered aa ,i snl«;p)n innnkery nf, and
insult to,^hat God whose protrrtirr^ ^tC hild th-tr'TTftp^rndi fiiuTi-niilfl nnt
tiil^'b hold us up in aetestation, 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 arid
his American master ! (1)
"It was urged that, by this system, we were giving the general govern
ment 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 de
gree that we should except from the exercise of that power the only branch
ofcommerc.e 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 g.«j£lualabolilisfl.j£*ia*T*j;,.and the emancipation
of the slaves which are already inthe b'tates. That slavery is inconsistent with I

he equal rights of mankind. I

and habituates us to tyranny ana onnression. it was lurmer urged tbat. bv this
^ystehi ot government, pvery State is to be protected both from foreign in
vasion and from domestic insurrections ; that, 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 were increased in any
State, in the same proportion the State is vyeakened 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 much tbe more, want
aid from, and be a burden to, the Union.
" It was further said, that, as in this system, we wer^ giving the general
government a power, aniSr the idea of national chal-acter, or national interest,
to regulate even our weights and measures, and have prohibited all possibil
ity of emitting paper money, and passing insolvent laws, &c., it must ap
pear 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 rae, both on the committee and in convention,
most decidedly to oppose and vote against the clause, as it now makes a
part of the system." * -•
(1) How terribly and justly baa this guilty nation been acoiirged, since these worda were
spoken, on account of slavery and tbe slave trade !

* Secret Fioceedings, p. M.

108
Happy had it been for this nation, had these solemn considerations been
heeded by the framers of the Constitution ! But for the sake of securing
some local advantages, they chose lo do e-vil that good might come, and
to make the end sanctify the means. Tjte-y 'were wUlin.a: to enslave oth
ers, that they might secure thek own freedom. They did this deed de
liberately, with their eyes open, with all the facts and consequences aris
ing therefrom before them, in violation of all their heaven-attested dec
larations, and in atheistictd distrust of the overruling power of God.
"The Eastern States were very wiUing to indulge the Southern^ States"
in the unrestricted prosecution of their piratical traffic, provided in re
turn they could be gratijied by no restriction being laid on navigation
acts!! — Had there been no other provision of the Constitution justly
liable to objection, this one alone rendered the support of that instrumept
incompatible wilh the duties which men owe to thek Creator, and to
each other. It was the poisonous infusion in the cup, which, though
constituting but a very slight portion of ita contents, perilled the life of
every one who partook of it
If it_be._ asked -to. what purpose are these animadversions, since the
clause aUuded to has long since expired by ita own limitation — we an-
swerVtfiat, if at' any tirae the foreign slave trade c^ul3 Fe'ronJrfitotonaZ^
prosecuted, it may yet be renewed, under the Constitution, at the pleas
ure of Congress, whose,-prohibitoty statute is liable to be reversed at any
moment, in the frenzy of Southern opposition to eraancipation. It is
ignorantly supposed that the bargain was, that the traffic should cease in
1808J¦M^^Be¦"only^BiEg"¦seciire*d"^tyl^vra37ffie^
aDy"bbUgation] to prohibit it at that period, if, therefore, Congress had
"noTcEoseSTtoexercise that right, the traffic might have Seen prolonged in-
d^nSei^''ii,nder'{he'Cdnstiiutiori. The right to destroy any particular
branch of commerce,-1rHp"liBS the right to re-establish it True, there is
no probability that the African slave trade will ever again be legalized
by the national government ; but no credit is due the framers of the
Constitution on this groimd ; for, while they threw around it all the
sanction and protection of the national character and power for twenty
years, then set no hounds to its xontinuance hu anv ¦positive constitutinnpl
Again, the adoption of such a clause, and the faithful execution of it,
prove what was meant by the words of the preamble — "to form a more
perfect union, establish justice, insure domestic tranquilUty, provide for
the common defence, promote the general welfare, and secure the bless
ings of liberty to ourselves and our positerily " — namely, that the parties
to the Constitution regarded oiily their o^ rights and interests, and never
intended that ita language should be so interpreted as to interfere with
slavery, or to make it unlawful fbr one portion of the people to enslave
anotber, TSitlwut an express alteration in that instrument, tn the manner therein
Kt forth. "While, therefore, the Constitution remains as it was originally
adopted, they who swear to support it are bound to comply with all its

109
provisions, as a matter of allegiance. For it avails nothing to say, that
some of those provisions are at war with the law of God and the righta
of man, and therefore are not obligatory. Whatever mav be their char
acter, they are constitutionally obligatory ; and whoever feels that he can
not execute tiiem, or swear to execute themj without committing sin, has
no other choice left than to withdraw from the government or to violate
^his conscience by taking on his lips an impious promise. The object of
the Constitution is not to define what is the law of God, but WHAT IS I
-THE WILL OF THE PEOPLE — which wiU is not to be frustrated
by an ingenious moral interpretation, by those whom they have elected
to serve them.
^TicLE 1, Sect 2.. provides — " Representatives and dkect taxes sliaU
be appprtigflgd_amon£tiie^everal^taJe3^ which may b^e ifiClU'ded'ivilEih
this Union, according to tiieir respective numbers, which shall be deter
mined by adding to the whole number of free persons, including those
bound to service for a term of years, and excluffingjndians nortaxed,
tkree-fiflhs of all other persons."
Herej^^in the clause we have already examined, veiled beneath a
form of words as deceitfulas it js^nmeaning in a truly deraocralic"gbv-
Crnraent, is a provision for_the_safety, perpetuity and" aiigmeh'tation' of
the'slaveholding power — a provision scarcely less atrocious thaii that
which i'eTaled"f5'TllS~Afri'can slave trade, and almost as afflictive in ita
operation — a provision still in force, wilh no possibUity of its alteration,
so long as a majority of the slave States choose lo medntain their slave
system — a provision which, at the present time, enables the South to
have twenty-five additional representatives in Congress on the score of
property, while the J\ orth is not allowed to have one — a provision which
concedes to the oppressf^d tlirpp.fifths of the poUtical power which is
granted to all others, and then puta this power into the bands of thek
-Oppressors, lo be -miplty.d hy thpm for the more perfect security of thek
tyrannous authority, and the complete subjugation of the non-slavehold-
jn^ Mtates. ' '
' Referring to this atrocious bargain,, Alexander Hamilton remarked
in the New York Convention — . ;,C
"The first thing objected to, is that clause which allows a representation
for three-fiflhs of the negroes. Much has been said of the impropriety of
representing men who have no will of their own : whether this be reasoning
or declamation, (! !) I will not presume to say. It is the unfortunate situa
tion of the Southern States to have a great part of their population as well
as propert-y, in blacks. Theregijljition^onipJiun£iofjv3s_miejesu^^
spirit of accommodation, whith governed the Convention ; and without this
iniutgmc'SpfQ'mTm:.QQUh^^
' Btftj'sir'.'consldering some peculiar advaiitages which we derive from themJ
it is entirely JUST that they should be g-ro«z/jed. — The Southern States!
'possess certain staples, tobacco, rice, indigo, &c. — which must be capital
objects in treaties' of commerce with foreign nations ; and the advantage
which tbey necessarily procure in these treaties will be felt throughout all
the States."
If such was the patriotism, such the love of Uberty, such the morality
10

110
of' Alexander Hamilton, what can be said of the, character of tiiose
who were far less conspicuous than himself in securing American inde
pendence, and in framing the- American Constitution ?
Listen, now,_tojhe opinions of John Quincv Ada_ms, respecting the
constitutional clause now under consideration : — ' ^ 
"'In ouly!rardL_shaw.,itis_aj^epi,eEfjDiat.ipri.,of persons in bondage; jjLfact,
it is a reprgssnlation of-their~masteis,^^the oppressor" fep'resenfifr|" the op-
pressedT— • ' Is it in the compass of human imagination to devise a~ more
^erlect exemplification of the art of committing the lamb to the tender
custody of the wolf?' — 'The representative is thus constituted, not the
friend, agent and trustee of the person whom he represents, but the raost
inveterate of his foes.' — 'It was one of the curses from that Pandora's b<jx,
adjusted at the time, as usual, by a compromise, the whole advantage oT
wliich inured to the benefit of the South, and to aggravate the burthens of
the North.' — ' If there be a parallel to it in human history, it can only be
that of the Roman Emperors, who, from the days when Julius Csesar substi
tuted a military despotism in the place of a republic, amoiig the offices which
tbey always concentrated upon themselves, was that of tribune of the people.
A Roman Emperor tribune of the people, is an exact parallel to that feature
in tbe Constitution of the United States which makes the master the repre
sentative of his slave.' — ' The Constitution of the United States expressly
, prescribes that no title of nobility shall be granted by the United States.
The spirit of this interdict is not a rooted antipathy to the grant of mere
powerless empty iitZes, but to titles of nobility ; to the institution of privi
leged orders of men. But what order of men under the most absolute of
monarchies, or the most aristocratic of rejiublics, was ever invested with
such an odious and unjust privilege as that of the separate and exclusive
representation of less than half a million owners of slaves, in the Hall of this
House, in the chair of the Senate, and in the Presidential mansion .' ' — ' This
investment of power in the owners of one species of property concentrated
in the highest authorities of the nation, and disseminated through thirteen of
the twenty-six States of the Union, constitutes a privileged order of men in
the commnnity, more adverse to the rights of all, and more pernicious to the
I interests of the whole, than any order of nobility ever known. To call
i government thus constituted a Democracy, is to insult the understanding of
mankind. To call it an Aristocracy, is to do injustice to that form of govern--
ment. Aristocracy is the government of the best. Its standard qualification'
for accession to power is me-rit, ascertained by popular election, recurring at
short intervals of time. If even that government is prone to degenerate
into tyranny, what must he the character of that form of polity in wl^j^^Ii ,tho
ntnr'^-'H [luiililinntinn tnr irrrnri ^° newer is wealtti in the possession of
slaves > It is doubly tainted with the infection of riches and of slavery.
'xhere is no name in the language of national jurisprudence that can define
it— no model in the records of ancient history, or in the political theories of
Aristotle, with which it can be likened. It was introduced into the Consti
tution of the United States by an equivocation ^— a representation ofproperty
under the name of persons. LUtle did the members of the Convention fn

the free States imagine or foresee what a aatiflfiliU'lU Mutfir.h waa hidden nn-
dgr the mask of this concession.'— *' 'IHe House of Representatives of the U.
.StaTci, tunoUU ul'i&lii uiumbciu - all, by the letter of the Constitution, repre
sentatives only of persons, as 135 of them really are ; but the other 88, equally
representing the persons of their constituents, by whom they are elected, also
represent, under the name of other" persons, upwards of two and a half mil
lions of slaves, held as the property of less than half a million of the white
constituents, and valued at twelve hundred millions of dollars. Each of
these 88 members represents in fact the whole of that mass of associated
wealth, and the persons and exclusive interests of its owners; all thus knit
together, like the members of a moneyed corporation, with a capital not of
thirty-five or forty or fifty, but of twelve hundred millions of dollars, exhib-

Ill
iting the most extraordinary exemplification of the anti-republican tenden
cies of associated wealth that the world ever saw.' — ' Here is one class of
men, consisting of not more than one-fortieth part of the whole people, not
more than one-thirtieth part of the freepopjjlatfempexclusively devoted to
their personaTmterests identitieti-WlTtrniSrown as slaveholders of the same
associated wealth, and wielding by their votes, upon every question of gov-
ernment or of public policy, two-fifths, of t'"^ rl'"ffi pftwpr pf the Hou.ie . In
the Senate of the Union, tlie proportion of the slaveholding power is yet
greater. By the influence of slavery, in the States where the institution is
tolerated, over their elections, no other than a slaveholder can rise to the
distiuction of obtaining a seat in the Senate ; and thus, of the 52 members of
the Federal Senate, 26 are owners of slaves, and as effectively representatives
of that interest as the 8S members elected by them to the House." — ' By this
process it is that all political power in the States is absorbed and engrossed
by the owners of slaves, and the overruling policy of the States is shaped to
strengthen and consolidate their domination. The legislative, executive,
and judicial authorities are all in their hands — the preservation, propagation,
and' perpetuation of the black code of slavery ; — e.very law of_the le^islaturo—
feecoines a link in the chain of the slave ; every executive act a rivet to his
haplesii fate j evefy pidieial dfeCiaiuii di-perversion of the human intellect to
the justification of wrong.' — ' Its reciprocal operation upon the government
of the nation is, to establish an artificial majority in the slave representation
over that of the free people, in the American Congress, and thereby to make
the PRESERVATION, PROPAGATION, ANU PERPETUATION OF
SLAVERY THE VITAL AND ANIMATING SPIRIT OF THE
NATIONAL GOVERNMENT.' — 'The result is seen in the fact that, at
this day, the President of the United States, the President of the Senate, the
Speaker of the House of Representatives, and five out of nine of the Judges
of the Supreme Judicial Courts of the United States, are not only citizens of
slaveholding States, but individual slaveholders themselves. So are, and
constantly have been, with scarcely an exception, all the members of both'
Houses of Congress fiom the slaveholding States ; and so are, in immensely
difproportionate numbers, the commanding officers of the army and navy ;
the officers of the customs ; the registers and receivers of the land offices,
and the post-masters throughout the slaveholding States. — The Biennial
Register indicates the birth-place of all the officers employed in the govern
ment of the Union. If it were required to designate the owners of this
species of property among them, it would be little more than a catalogue of
slaveholders.' " ¦ - ¦ ; - if;
It is confessed by Mr. Adams, alluding lo the national convention that
framed the Constitution, that " th£.^delegatioa from the free States, in
their extrerae anxiety to conciliate the ascendancy of the Southern llave-
1 holder, didJisten to a compromise between jright^arid^ wrorig — between
freedom and slavery ; of the ultimate fruits of which they had no con
ception, but which alreadyeven now is urging the Union to ils inevitable
ruin and dissolution, by a civil, servile, foreign and Indian war, all com
bined in one ; a war, the esaenlial Lssue bf which-will hn het\vRen free-
^dom and slavety/and in which the unhallowed standard of slavery will
belEeTtB5Kciated banner of the North American "Union — that banner,
first unfurled to the breeze, inscribed with the self-evident truths of tiie
Declaration of Independence."
Hence, to swear to support the Constitution of the United Spates, as
&is,Ys to make "k dOHipt-omise between right and wron"," and to wage
war ntrainst Jjuman libei-ty....-it is to recognize and honor as'TepubTie'an
legislators incorrigible men-stealers, mekciless TraANTS, BLOOD

112
THIRSTY ASSASSINS, who legislate with deadly weapons about
thek persons, such as pistols, daggers, and bowie-knives, with which
they threaten to murder any Northern senator or representative vvho
shall dare to stain their honor, or interfere with their rights ! They con
stitute a banditti more fierce and cruel than any whose atrocities are
recorded on the pages of history or romance. To mix with them on
terms of social or religious fellowship, is to indicate a low state of vir
tue ; but to think of administering a free government by their co-opera
tion, is nothing short of insanity.
Article 4, Section 2, declares, — " No person held to service or labor
in onS''*Statej^MJi3^Jn7,{aifsJA<req^_escapiiig inlo anotKer"sH.Tn7in" con-
s^qiience of any law or j^ulationjtherein^JieTischarged from ..such
Bervice"or'lal)or; but shall be delivered up on j;l.a.im^J>f Jhe party to
whom such service or labor may be due." 
Here' isa'tfiird ^cTaifseTw^IehJjke the other two, makes no mention
of slavery or slaves, in express terms ; and yet, like thera, was inlelli-
ge'ntlylfr'amed'ahd'iiltl'tually tl'nderslOod by the parties to the ratification,
and intended both to protect the slave system and lo restore runaway
slaves. It alone makes slavery a national institutiojj, a jiationaLsrirne,
and aU the people who are not enslaved, the body-guard over those
whose liberties have been cloven down. This agreement, too, has been
fiilfiUed to the letter by the North.
'Under the Mosaic dispensation it was imperatively commanded, —
"Thou shall not df''""- ""'^" '^'° "t"'*"'- ^T"f apr<f«n1- whii-h ir nffipnt^
.^m his master unto thee : he shall dwell wilh thee, even araong you,
in that place which he 'ih&W. choose in one of thy gales, where il liketh
him best: thou shalt not oppress hira." The warning which the proph
et Isaiah gave to oppressing Moab was of a similar kind : " Take coun
sel, execute judgment ; make thy shadow as the night in the midst of
the noon-day ; hide the oulcasts ; bewray not him that wanderelh. Let
mine outcasts dwell wilh thee, Moab ; be thou a covert to tiiem fi-om
the face of the spoiler." The prophet Obadiah brings thei following
charge against treacherous Edom, which is precisely applicable to this
guilty nation : — " For thy violence against thy brother Jacob, sharae
shall come over thee, and thou shall be cut off for ever. In the day that
-thou stoodst on the other side, in the day that the strangers carried away
captive his forces, and foreigners entered into his gates, and cast lots
upon Jerusalem, even thou wast as one of them. But thou shouldst not
have looked on the day of thy brother, in the day that he becarae a
stranger ; neither shouldst thou have rejoiced over the children of Judah,
in the day of their destruction ; neither shouldst thou have spoken
proudly in the day of distress ; neither shouldst thou have stood in ihe
eross^cay, io cut off those of his that did escape; neither shouldst thou have
delivered up those of his that did remain, in the day of distress."
How exactly descriptive of this boasted republic is the irapeachraent
ofJEdom by the same prophet ! " The pride of thy heart hath deceived

113
diee, thou whose habitation is high ; that' saith in thy heart. Who shall
bring me down to the ground .' Though tlioii exalt thyself as the eagle,
and though thou set thy nest among the stars, thence will I bring tiiee
down, saith the Lord." The emblem of American pride and power is
the eagle, and on her banner she has mingled stars with its slnpes. Her
vanity, her treachei-y, her oppression, her self-exaltation, and her defi
ance of the Almighty, far surpass the madness and wickedness of Edom.
What shall be her punishment? Truly, it may be affirmed of the Amer
ican people, (who live not under the Levitical but Christian code, and
whose guilt, therefore, is the more awful, and their condemnation the
greater,) in the language of another prophet — "They all lie ui wait for
blood ; they hunt every man his brother wilh a net. Tbat they may do
evU with both hands earnestly, the prince askelh, and the judge asketh,
fbr a reward ; and the great man, he utterelh his raischievous desire : so
they -wrap U up." Likewise of the colored inhabitants of this land it may
be said, — " This is a people robbed and spoiled ; they are aU of them
snared in holes, and they are hid in prison-houses ; they are for a prey,
and none deliverelh ; for a spoU, and none saith, Restore."
By this stipulation, the Northern States are made the hunting ground
of ria;re2S^££^r^^i*,HPy.Pl'ffiUejhek^yictims with blood-hounds, and
capture Ihem with impunity wherever they can lay their robber" hands
upon them. At least twelve or fifteen thousand runaway slaves are now
in Canada, exiled jfrom_ lheTr~native Tand, because they couldjQOt,.find,
througEout ils vast extent, a single road on which they could dwell in
safety, ire consequence of this promsipn of the Constitution'^ How is it
possible, then, for the advocates of liberty lo support a government which
gives oveTToTdestniftjpu^One-sixth^parf'of the'wlible'pb
It is denied by some al the present day, that the clause which has been
cited, was intended to apply lo runaway slaves. This indicates, either
ignorance, or folly, or something worse. Jajmes Madison, as one of the
framers of the Constitution, is of some authority on this point. AUud
ing to that instrument, in the 'Virginia convention, he said: — '¦
"Anotber clause secures us that property which we now possess. At present,
if any slave elopes to any of those States where slaves are free, he becomes
emancipated by their laws ; for the laws of the States are uncharitable (!) to
one another in this'respect ; but in this constitution, 'No person held tb service
or labor in one State, under the laws thereof, escaping into another, shall, in
consequence of any law or regulation therein, be discharged from such service
or labor, but shall be delivered up on claim of the party to whom such service
o^ labor may be due. THIS CLAUSE WAS EXPRESSLY_INSE?.TED
TO ENABLE OWNERS OF SLATE5::ir01RECLAIM JTHEM.' ms
is a better security ihanany that now exists. No power is given to the general
government to interpose with respect to the property in> slaves now held by
the States."
In the same convention, alluding to the same clause, Gov. Randolph
said : — • , ,
" Every one knows that slaves are held to service or labor. And, when
authority is given to owners of slaves to vindicate their property, can it be
supposed they can be deprived of it .' If a citizen of this State, in conse-
10* "

114
quence of this clause, can take his runaway slave in Maryland, can it be se
riously thought that, after taking him and bringing him home, he could be,
made free .' "
It is objected, that slayes.ace.. held as, property, and therefore, as the
clause refers to persons, it cannot mean .slaves. But this is criticism
against fact. Slaves are recognized not merely as property, but^lso'as
persons'^ as haying a mixed character — as cbmbming'the humart'^with" •
the brutal. This is paradoxical, wfe admit; biirsla'veryis'a paradox'— "~
the'American Constitution is a paradox — the American Union is a par
adox — the American Govei-nment is a paradox ; and if any one of these
is to be repudiated on that ground, they all are. That it is the duty of
the friends of freedom to deny the binding authority of them all, and to
secede from them all, we distinctiy affirm. After the independence of
this country had been achieved, the voice of God exhorted the people,
saying, "Execute true judgment, and show mercy and compassion, every
man to his brother : and oppress not the widow, nor the fatherless, the
stranger, nor the poor ; and let none of you imagine evil against his
brother in your heart. But they refused to hearken, and pulled away
¦ the shoulder, and stopped their ears, that they should not hear ; yea, they
made thek hearts as an adamant stone." " Shall I not visit for these
things.' saith the Lord. Shall not my soul be avenged on such a nation
as this?"
¦Whatever doubt may have rested on any honest mind, respecting the
meaning of the clause in relation to persons held to service or labor,
must have been removed by the unanimous decision of the Supreme
Court of the United States, in the case of Prigg versus the Slate of
Pennsylvania. By that decision, any Southern slave-catcher is ejn'pow-
ered to seize and convey to the South, without hindrance or molestation
on the part of the State, and without any legal process duly obtained and
served, any person or persons, irrespective of caste or complexion, whom
he may choose to claim as runaway slaves ; and if, when thus surprised
and attacked, or on their arrival South, they cajnot prove by legal wit
nesses, that they are freemen, their doom is sealed ! Hence the free col-.,
o>o^ pnp.i1i.rinn nf thq INTnrth qrfi sppcially liablg^tO ^^t^p^lp 'hg ¦^.¦tima
^_*hifi '•'"•-¦'^V pnw'"'! and all the other inhabitants are al the mercy of
prowling kidnappers, because there are multitudes of white as well as
black slaves on Southern plantations, and slavery is no longer fastidious
.with regard to the color of its prey.
As soon as that appalling decision of the Suprerae Court was enun
ciated, in the name of the Constitution, the people of the North should
have risen ere ¦masse, if for no other cause, and declared the Union at an
end; and they would have done so, if they had not lost their manhood,
and thek reveirence for justice and liberty.
" In the 4th Sect of Art. IV., the United States guarantee lo protect
eVSiyState iinKe~UnlOir"-irgainsf"HomM& ¦violence.'' Byjhe 8thSection__
oFlErnSOirCoh'gfeiris'empowered "to provide for calling forth the

115
militia to execute the laws of the Union, suppress insurrections, and repel
invasions." 'These provisions, however strictly they raay apply lo cases
of disturbance among the white population, were adopted with special
reference_toJhe_.slave, population, for the uurfiose of £ecpiir^"tiiein'in
thek chainsJjy-the xombined- mUitarvTorce of the couiitry ;"aii J "S-ere ¦
these repealed, and the South left lo manage her slaves as best she
could, a'servUe insurrection would ere long be the consequence, as gen
eral as it wouhi unquestionably be successful. Says Mr. Madison,
respecting these clauses : —
" On application of the legislature or executive, as the case may be, the
militia of the other States are to be called to suppress domestic insurrections.
Does this bar the States from calling forth their own militia.' No; but it
gives them a supplementary security to suppress insurrections and domestic
violence." i
The • answer to Patrick Henry's objection, ¦ as urged against the
Constitution in the 'Vkginia convention, that there was no jiower left to
the States to quell an insurrection of slaves, as it was wholly vested in
Congress, George Nicholas asked: —
" Have they it now ? If they have, does the constitution take it away ?
If it does, it must be in one of the three clauses which have been mentioned
by the worthy member. The first clause gives the general government power
to call them out when necessary. Does this take it away from the States ?
No I but it gives an additional security ; for, beside the power in the State
governments to use their own militia, it will be the duty of the general govern
ment to aid them WITH THE STRENGTH OF THE UNION, when
called for."
^Jji^jgalagnguaranty of security to the slave systein, caps the cljinax
of national barbarity^ and stains with human blood the garments of all
the people^" In consequence of it, that system has rauhiplied its victims
from seven hundred thousand to nearly three millions : — a vast araount of
territory has been purchased, in order lo give it extension and perpetu
ity — several new slave States have been adraitted into the Union — the
slave trade has been made one of the great branches of American com
merce — the slave population, though over-worked, starved, lacerated,
branded, maimed, and subjected to every form of deprivation and every
species of torture, have been overawed and crushed, — or, whenever
they have attempted to gain their Uberty by revolt, they have been shot
down and queUed by the strong arm of the national government; as, for
example, in the case of Nat Turner's insurrection in 'Virginia, when
the naval and miUtary forces of the government were called into active
service. Cuban bloodhounds have been purchased with the money of
the people, and imported and used to hunt slave fugitives among the
everglades of Florida. A merciless warfare has been waged for the
exterrninationjor expulsion of the Florida Indians, because they gave
^su^rto these poor hunted fugitives — a warfare which has cost the
nation several thousiind fives, and forty miUions of dollars. But the cat
alogue of enormities is too long to be recapitulated in the present
address. , ¦

116
We have tiius demonsti-ated that the compact between the North and
the South embraces 'every variety of wrong and outrage, — is at, war
''^i?'\P°'^ """^ J"^"' cannot be innocently "supported, and deserves to be
immediately annulled. In behalf of the Society which we represent,
we caU upon all our feUow-citizens, who believe it is right to obey God
rather than man, lo declare themselves peaceful revolutionists, and to
unite wilh us under the stainless banner of Liberty, having for its motto
— "eqoal rights for all — no TINTOIV WITH SLAVEHOLD-
^^^V^  -^
It is pleaded that the Constifntinn prriviflf;f! for its own amendment,'^
and we ought to use the elective franchise to effect this object. True, '
there is such a proviso ; but, until the amendraent be raade, that instru
ment is binding as it stands. Is it not to violate every moral instinct, j
and to sacrifice principle lo expediency, lo argue that we may swear to/
steal, oppress and murder by wholesale, because il may be necessary tol
do 60 only for the time being, and because there is some remote proba-\
bUity that the instrument which requkes that we should be robbers, '
oppressors and murderers, may at some future day be amended in these/
particulars? Let us not palter with our consciences in this manner —
let us not deny that the compact was conceived in ^in and brought forth
in iniquity — let us not be so dishonest, even to promote a good object,
as to interpret the Constitution in a manner utterly al variance with the
intentions and arrangements of the contracting parties ; but, confessing
the guilt of the nation, acknowledging the dreadful specifications in the
bond, washing our haioasTn the '-waters of repentance from all fiirther
participation in this criminal alliance, and resolving that we will sustain
none'btfier than a free and righteous government, let us glory in the
name qf^revolutioniste, unfurl the banner of disunion, and consecrate
our lalente and means to the overthrow of all that is tyrannical in the
land, — to the establishment. of all that is free, just, true and holy, — to
the tnumph^universal love and peace. ,.-.^
\f, in utter disregard of the historical facts which have been cited, it
is still asserted, that the Constitution needs no amendment to make it a
free instrument, adapted to all the exigencies of a free people, and was
never intended to give any strength or countenance to the slave system
— the indignant spirit of insulted Liberty replies; — "'What though the
assertion be true? Of what avail is a mere piece of parchment? In
itself, though it be written all over wilh words of truth and freedora —
though its provisions be as impartial and just as words can express, or
the knagination paint — though it be as pure as the Gospel, and breathe
only the spirit of Heaven — it is powerless ; it hijs no executive vitality :
it is a lifeless corpse, even though beautiful in death. I ara famishing
for lack of bread! How is my appetite relieved by holding up to my
gaze a painted loaf? I am manacled, wounded, bleeding, dying ! What
consolation is it to know, that they who are seeking to destroy my life,
profess in words to be my friends ? " If the liberties of the people have

117
been betrayed — if judgment is turned away backward, and justice
standeth afar off, and truth has fallen in the streets, and -equity cannot
enter — if the princes of the land are roaring lions, the judges evening
wolves, the people light and treacherous persons, the priests covered
wilh pollution — if we are living under a frightful despotism, which
-scoffs at ¦ all constitutional restraints, and wields the resources of the
nation to promote its own bloody purposes — tell us not that the forms
of freedom are still left to us I " Would such lameness and submission
have freighted the May-Flower for Plymouth Rock? Would il have
resisted the Starap Act, the Tea Tax, or any of those entering wedges
of tyranny -with which the British government sought to rive the liber
ties of America? The wheel of the Revolution would have rusted on its
axle, if a spirit so weak had beeri the only power lo give it motion.
Did our fathers say, when their rights and liberties were infringed —
" Why, what is done cannot le undone. That is the. first thoughl^...^.o, it
was the last thing they thought of: or, rather, it never entered their
minds at alh They sprang to the conclusion at once — " What is done
SHALL ie undone. That is our first 'and only thought."
" Is water running in our veins .' Do we remember still
Old Plymouth Rock, and Lexington, and famous Bunker Hill.'
The debt we owe our fathers' graves .' and to the yet unborn,
Whose heritage ourselves must make a thing of pride or scorn i"
Gray Plymouth Rock hath yet a tongue, and Concord is not dumb ;
And voices from our fathers' graves and from the future come :
They call on us to .stand our ground — they charge us still to be
Not only free from chains ourselves, but foremost to make free ! "
It is of Utile consequence who is on theJhrone^ if..tbera be behind it
a'power mightier than the throne. It matters j^ol what is the theory of
the governraent, if the practice of the government Iir imjn.'it and tvran-
j\\p.n\, Wfi risp, in rghpllirtn ngrninst n despotisTT^ ir^comparahlv more
tfreadful than that which induced ihecolonists to l.7kR up nrm.'i nfrajnat
the molbftr ronntry ; not on account of a three-penny lax on tea, but be
cause fellers of living iron are fastened on the limbs of raillions of our
coUntrymeiii and our most sacred rights are trampled in the dust. As
citizens of the State, we appeal to the Stale in vain for protection and
redress. As citizens ^f the United Stales, we are treated as outiaws in
one half of the country, and the national government consents lo our
destruction. We are denied the right of locoraotion, freedom of speech,
the right of petition, the liberty of the press, the right peaceably to as
semble together to protest against oppression and plead for liberty — at
least in thirteen States of the Union. If we venture, as avowed and un
flinching abolitionists, to travel South of Mason and Dixon's line, we do
so at the perU of our- lives. If we would escape torture and death, on
visiting any of the slave Slates, we must stifle our conscientious con-vic-
tions, bear no testimony against cruelty and tyranny, suppress the strug
gling emotions of humanity, divest ourselves of aU letters and papers of

118
an anti-slavery character, and do homage to the slaveholding power —
or run the risk of a cruel martyrdom I These are appaUing and unde
niable facts.
'ThreemilHons-fifUhe^merican^peopIe.a^^^^ under the,Amer-
ican Union ! They_^e_li"erd"as slaves — trafficked as' merchandise —
rregisterMasj^oods. arid chattels'!^ The govermiient giveniiera no pro
tection — the goyernracnt is their eneray — the governraent keeps them
in chains ! There they lie bleeding — we are prosfra!eT)3ntick-«ide —
in their sorrows and sufferings we pai-ticipale — their stripes are inflicted
on our bodies, their shackles are fastened on our limbs, their cause is
ours ! "The Union which grinds them to the dust rests upon us, and with
them we will struggle to overth^•o^v il ! The Constitution, which sub
jects iSiem to hopeless bondage, is one that we cannot swear lo support !
OurmotiojgJ'NO UNION WITH^SI^VEHOLDERS/' either relig-
Jous_or_politicaL. T"Hey~areTIie fiercest enemies of mankind, and the
bitterest foes of ^od! We separate from them not in anger, not in
malice, not for a selfish purpose, not lo do them ari injury, not to cease
warning, exhorting, reproving them for thek crimes, not to leave the
perishing bondman to his fate' — O no ! But to clear our skirls of inno
cent blood — to give the oppressor no countenance — to signify our ab
horrence of injustice and cruelty — to testify against an ungodly com
pact — to cease striking hands with thieves and consenting with adulter
ers — to make no compromise with tyranny — to walk worthily of our
high profession — to increase our moral power over the nation — to obey
God and vindicate the Gospel of his Son — to hasten the downfall of
slavery in Araerica, and throughout the world I
We are not acting under a blind irapulse. We have carefully counted'^
Ihe cost of this warfare, and are prepared to meet its consequences^ It
-will subject us to reproach, persecution, infamy — it will prove a fiery
ordeal to all who shall pass through it — it may cost us our lives. We
shall be ridiculed as fools, scorned as visionaries, branded as disorgan
izers, reviled as madmen, threatened and perhaps punished as traitors.
But we shall bide our time. Whether safety or peril, whether victory
or defeat, whether life or death be ours, believing that our feet are plant
ed on an eternal foundation, that our position is sublime and glorious,
that our faith in God is rational and steadfast, that we have exceeding
great and precious promises on which to rely, that we are in the
KiGHT, we shall not falter ^orbe dismayed, "though the earth be re
moved, and though the mountains be carried into the midst of the sea,"
— though ojLu- ranks be thinned to the number of " three hundred men."
freemen ! are you ready for the conflict ? Come what may, will you
sever the chain that binds you to a slaveholding govRrnpient, and iWlare
jour independence ? Up, then, with the banner of revolution ! Not to
* .shed blood — not to injure the person or estate of any oppressor — not
T>y force and arms to resist any law — not to countenance a servUe insur
rection — not to wield any carnal weapons I No — ours must be a
bloodless stiife, excepting our blood be shed — for we aim, as did Christ

our leader, not to destroy men's lives, but to save them — to overcome
"fevil wilh good — to conquer through sufl'crinp for righteousness' suli,e —
to set the captive free by the potciicy o^^.|^gj,allJ.
Sec.ede, then, from thc.gOYetiiinSJlt. Submit to its exagtioijj,, Ijiit Tiay
it no "allegiance, and give it no voluntary aid. Fill no offices under it.
sfend no'SKiaiSfrmrrepresehtatives lo the National or State legislature ;
for what you cannot conscientiously, pei-roim yourself, you cannot ask
another to perform as your agent. Circulate a declaration^ of DIS
UNION FROM SLAVEHOLDERS,- tflrou^houT'the count7yV""H^^^
mass"ra'eetin^^"assi3iriBte''ih^coiivenlions — nail your banners lo the
mast!_ ' I
Do you ask what can be done, if you abandon the ballot box ? What
did the crucified Nazarene do -without tiie elective fi-anchise ? What did
the apostles do ? What did the glorious army of martyrs.and, confessors
do ? What did Luther and his intrepid associates do ? What can women
and children do ? 'What has Father Matthew done for teetotalism ? What
-has Daniel O'Connell done for Irish repeal ? "Stand, having your loins
girt about wilh truth, and having on the breast-plate of righteousness,"
and arrayed in the whole armoi- of God !
"The forra of governraent that shall suc,ceed..the-presept government
of theUnited iStates, let lime determine, it would be a v/pff^e. nf Hmn
to argue that question, until the people are rHn-Riiprntpfl t^j^r] ^m-iiff fi^m
their iniquity. Ours is no anarchical movement. hn| nnp. nf order nnd
pbedience. In ceasing from oppression- we establish liberty. What is
sftiow fragmentary, shall in due time be crystallized, and shine like a gem
se^in the heavens, for a light to qil coming ages.
3C4-3Finally — we believe that the effect of this moveraent will be, — First,
to create discussion and agitation throughout the North ; and these wUl
^lead to a general perception of ils grandeur and importance.
i, Secondly, to convulse the slumbering South Uke an earthquake, and
convince her that her only alternative is, to abolish slavery, or be aban
doned by that power on which she now relies for safety.
Thirdly, to attack the slave power in ita most vulnerable point, and to
carry- the battle lo the gate.
Fourthly, to exalt the moral sense, increase the moral power, and in
vigorate the moral constitution of all who heartily espouse it.
We reverently believe that, in withdrawing from the American Union,
we have the God' of justice with us. We know that we have our en-
slavBd'countTtymeh Svitii us. "We 'ai-e confident that all free hearts will
be with us. We are certain that tyrants and thek abettors will be
against us. ,- ,,:>
In .behalf of tiie Executive Committee of the Araerican ySLnti-Slavery '
Society, ^¦'— "-^-~- :¦"'"' ^»~=.-.-,-. ~--— "-^—^
,-7-7""". v^VVM. LLOYD GARRISON, Presi&nf^ J)
Wenbell Phillips, J *"' . '^'" -¦"-"^ ¦
: , MARlrWEi¥^-CHAPMAN, \ ^'<^_^"^- ' \ J
Boston,-^ 2Qil^L

120

LETTER FROM FRANCIS JACKSON.
r-^- - 'I  ¦- •
Boston, 4th July, 1844,;,.
To His-Excellency George JV. Briggs :
Sir — Many years since, I received from the Executive of the Com
monwealth a conintission as Justice of the Peace. I have held the office
that h conferred upon me till the present lime, and have found il a con
venience to myself, and others. Il might continue to be so, could I con
sent longer to hold it. But paramount considerations forbid, and I here-
¦with transmit to you my commission, respectfully asking you to accept
my resignation.
While I deem it a duty to myself to take this step, I feel called on to
state the reasons that influence me.
In entering upon the duties of the office in question, I coraplied with
the requireraents of the law, by taking an oath "fo support the'Constitu-
tionof the United States." I regret that I ever took that path._ Had I then
a^rBalufelyconsidered iis~full iraport, and the obligations under which
it is understood, and meant lo lay those who take il, as I have done since,
I certainly never would have taken it, seeing, as I now do, that the Con
stitution of the United Stales containsprovisionscalculajed^and. intended
to foster, cherish, uphold and perpetuate slava-y. Il pledges the country
to guard and protect the slave system so long as the slaveholding States
ehoose^to""retain'itr'~Tf regards ~the'''slave code as lawful in the States
which enact it Still more, " it has done that, which, until its adoption,
was never before done for African slavery. Il took il out of ils formelT
category of municipal law and local life', adopted it as a national institu
tion, spread around it the broad and sufiicient shield of national law, and
thus gave to slavery a national existence." Consequently, the oath to
support the Constitution of the United Steles is a solemn promise lo do^
that which is morally -wrong ; that which is a violation of the natural
righte of man, an3^~siiiTcrthe. sight of .Uod.
Iam not in inis matter, constituting myself a judge of others. I do not
say that no honest man can lake such an oath, and abide by it. I only
say, that /would not now deliberately take it;' and that, having incon
siderately taken it, I can no longer suffer it to lie upon my soul. I take
back the oath, and ask you, sk, to receive back the commission, which
was the occasion of my taking it.
1 am aware that my course in this matter is liable to be regarded as
singular, if not censurable ; and I must, therefore, be allowed lo make a
more specific statement of those provisions of the Constitution which
support the enormous wrong, the heinous sin of slavery.
The very first Article of the Constitution takes slavery at once under
its legislative protection, as a basis of representation in the popular
branch of the National Legislature. It regards slaves under the, de
scription "of aU other persons" — as of only three-fifths of the value of

121
fi-ee persons; thus to appearance undervaluing them in comparison
with freemen. But its dark and involved phraseology seems intended
to bUnd us to the consideration, tiiat those underrated slaves are merely
a lasis, not the source of representation ; tiiat by the laws of all the States}
where they live, they are regarded not as perso n£,_^t_as^^^«^; that I
they are not the con^^ttucn^^ iKeTepresentative, bill his properly; and 1
that the necessary effect of this provision of the Constitution is, to lake
legislative power out of the hands of men, as such, and give it lo the
mere possessors of goods and chattels. Fixing upon thirty thousand
persons, as the smaUest number that shall send one member into the.
House of Representatives, it protects slavery by distributing legislative
power in a free and in a slave State thus : To a congressional district in
South Carolina, containing fifty thousand slaves, claimed as the property
of five hundred whiles, who hold, on an average, one hundred apiece,, it.
gives one Representative in Congress; to a district in Massachusetts.
containing a population of thirty thousand five hundred, one Represen
tative is assigned. But inasmuch as a slave is never permitted to vole,
the fifty thousand persons in a district in Carolina forra no part of "the
constituency ;" that is found only in the five hundred free persons. Five
hundred freemen of Carolina could send one Representative to Congress,
while il would take ihkty, thousand five hundred freemen of Massachu
setts, to do the same thing: that is, one slaveholder in Carolina is
clothed by the Constilution with the same political power and influence
in the Representatives Hall at Washington, as sixty Massachusetts men
Hke you and me, who " eat their bread in the sweat of their own brows."
According to the census of 1830, and the ratio of representation
based upon that, slave property added"twenty-five members to the House
of RepresentaliiroSJ ' And-as-ffhaS 'been estimated, (as an approximation
to the truth,) that the two and a half mUlion slaves in the United Stales
are held as property by about two hundred and fifty thousand persons —
giving an average of ten slaves to each slaveholder, those twenty-five
Representatives, each chosen, at most by only ten thousand voters, and
probably by less than three-fourths of that number, were the representa
tives not only of the two hundred and fifty thousand persons who chose
them, but of property which, five years ago, when slaves were lower in
market, than at present, were estimated, by the man who is now the
most prominent candidate for the Presidency, at twelve hundred millions
of dollars — a sum, which, by the natural increase of five years, and the
enhanced value resulting from a more prosperous stole of the planting
interest, cannot now be less than fifteen hundred millions of dollars.
AU this vast amount of property, as it is "peculiar," is also identical in
ite character. In Congress, as we- have seen, it is animated by one
spkit, moves in one mass, and is wielded with one aira ; and when we
consider that tyranny is always tiraid, and despotism distrustful, we see
that this vast money power would be false to itself, rlid it not ^ii;p.r.t nil
its eves and hands, and put tOrth aU its ingenuity and energy, to one

122
^"d — self-protection^ an^ ,self-ncn)fiti,iijtioq. And this it has ever done.
In all the vibrations of the political scale, whether in relation to a Bank
or Sub-Treasury, Free Trade or a Tariff, tiiis immense power has
moved, and wiU continue to move, in one mass, for its own protection.
Whjlejhe^weightof^ the slave influence is thus felt iii the House of
JRepresentatiyes^'^ki the Senate of the Union," .says JgHtN^QiriNCT
Adams, " the proportion ^f slaveholding power is still greater. By the
infltience of"ilaveryln the Slates where the institution is tolerated, over
itheir eleclions,.no other than a slaveholder can rise to the distinction pf
'Wtaminga seat in the^Sraatej^and thus, of the fifty-fvvo'membera of
thejfeHeraTSeMi^, twenty-six are~owners
lepresentativeiT of that interesT," as the eighty-eight members elected by
ttiem to the House."
The dominant power which the Constitution gives to the slave inter-
_g^ as thus seen and exercised in the Legislative Halls of our nation, is
equally obvious and obtrusive in every other department of the National
government.
. In the Electoral colleges, the same cause produces the same effect — the
same power is wielded for the same pui-pose, as in the Halls of Congi-ess.
Even the prefiminary nominating conventions, before they dare name a
candidate forthe highest ofEce in the gift of the people, must ask of the
Genius of slavery, to what votary she -will show herself propitious. This
very year, we see both the great political parties doing homage to the
slave power, by nominating each a slaveholder for the chair of Stale.
The candidalfe of one party declares, " I should have opposed, and
would continue to oppose, any scheme whatever of emancipation, either
gradual or immediate;" and adds, "It ife not true, and I rejoice that it is
not true, that either of the two gi-eal parties of this country has any
design or aim at abolition. I should deeply lament it, if il were true." *
_.The other party nominates a man who says, " I have no hesitation in
declaring that I am in favor of the immediate re-annexation of Texas to
, the territory and government of the United States.",
Thus both the political, parties, and thecandidates of both, vie with
each^Slhei^ln^ffering allegiance to the slave power, as a condition pre-
~eedent to" aiiy'Iibpe'bf success in the struggle for the executive chak; a
seat that, for more than three-fourths of the existence of our constitu
tional government, has been occupied by a slaveholder.
. The same stern despotism overshadows eve i^ the sanctuaries of iustice.
Of the nine Justices of the Supreme.Court of the United States, five are.
^glaveholdei-'sTancTorcburse, must be faithless to thek own interest, as
well as recreant to the power that gives them place, or must, so far as
ihey are concerned, give both to law and constitution such a construction
as shall justify the language of John Quincy Adams, when he says —
'f The legislative, executive, an^ judicial authorities, are all in thek
» Henry Clay's spcecb in the United States Senate in 1839, and confirmed at Ealeigb, N.
q.l844. _ ., :..¦¦.'.[

123
hands — for the preservation, propagation, and perpetuation of tiie black
- c^'3e''or'slavery; Every law of the legislature becomes a link in the
chafn-of^the slave ; every executive act a rivet to his hapless fate ; every
judicial decision a pen^ersion of the human intellect to the justification
of wrong."
yhus by merely adverting but briefly to the theory and the practicfll
^effect of this clause of the Constitution, that I have sworn tn support, it
is seen that it throws tbe politicaj power of the nation into the hands of
Jhe slaveholders ; a body of men, which, however it may be regarded by
the Constitution as " persons," is ki fact and practical effect, a vast mon
eyed corporation, bound together by an indissoluble unity of interest, hy
a common sense of a common danger ; coimselling at all times for its
common protection ; wielding the whole power, and controUing the des
tiny of the nation.
If we look into the legislative halls, slavery is seen in the chair of the
presiding officer of each, and controlling the action of both. Slavery
occupies, by prescriptive right, the Presidential chak. The paramount
voice that comes from the temple of national justice, issues from the lips
of slavery. The army is in the hands of slavery, and at her bidding,
must encamp in the everglades of Florida, or march from the Missouri
to'lEe'Borders'or Mexico, to look after her interests in Texas.
The navy, even that part lh.it is cruising off the coast of Africa, to
suppress the 'foreign slave .ti-adei.is in the hands of slavery. ' ;;¦¦'¦>
Freemen of the North, who have even dared to lift . up thek voice.
against slavery, cannot travel through the slave States, but at the peril of
their lives.
The representatives of freemen are forbidden, on the floor of Con
gress, to remonstrate against the encroachments of slavery, or to pray
that she would let her poor victims go. .
I renounce my allegiance lo a Constilution that enthrones such a pow-
erJ^vnelcfedTorthe purpose of depriving me of my riglita, of roBBing my
countrymen of their liberties, and of securing its own protection, sup
port and perpetuatiom ' :!'!
Passing by that clause of the Constitution, which restricted Congress
fbr twenty years, from passing any law against the African slave trade,
and which gave authority to raise a revenue on the stolen sons of Africa,
I come to that part of the fourth article, which guarantees protection
against " domestic violence," which pledges to tho South the military force
of the cotlntry, to proiect tb^masters against their insurgent slaves, and
binds us, and our children, to shoot down our fellow-countrymen, who
may rise, in emulation of our revolutionary fathers, to vindicate thek in--
' alienable " right to life, liberty, and the pursuit of happiness," — this
clause of the Constitution, I say distinctly, 1 never will support
That part of the Constitution which provides for the sm-render of fu
gitive slaves, I never have supported and never will. ' I will join in no
slaveTiuiit. My door shall stand open, as it has long stood, fbr the panl^

124
ing and trembling victim of the slave-hunter. When I shut it against
him, may God shut the door of his mercy againsj mcT' Uiidw^thTs clause
"ot the Conslilutibii, and designofl to carry it into effect, slavery has de
manded that laws should be passed, and of such a cliaracler, as have
left the free citizen of the North without protection for his own liberty.
The question, whether a man seized in a free Stale as a slave, is a slave
or not, the law of Congress does not allow a jury to determine : but re
fers k to the decision of a Judge of a United States' Court, or even of the
humblest Stale magistrate, il may be, upon the testimony or aflidavit of
the party most deeply interested to support the claim. By virtue of this
law, freemen have been seized and dragged into perpetual slavery — and
should I be seized by a slave-hunter in any part of the country wliere I
am not personally known, neither the Constitution nor laws of the United
States would shield me from the same destinj'.
, These,_«r,^^re_the specific parts of the Constilution of the United
States, which in my opinion are essentially vicious, hostile al once to the
liberty and to the nibrals of the nation. And these are the principal rea
sons of my refusal any longer to acknowledge my allegiance to it, and
of my determination to revoke my oath lo support il. Icannol, in order
to keep the la-w of man^Jbreak tlie lajv of God, or, solemnly call him to
witness ray promise that I will break it.
'It^s true"'thaf the Cohsiitiitioiriifovides for its own araendment, and
tnatiby this process, all the yuaranlees of Slavery may be expunged.
But it wUl be time enough to swear to support it when this is done. It
cannot be right to do soit^unliUthese amendments are made.
It is also true that the framers oi the Constitution did studiously keep
the words " Slave " and " Slavery " from its face. But to do our consti
tutional fathers justice, while they forebore — from very shame — to give
the word " Slavery" a place in the Constitution, they did not forbear —
again to do thera justice — to give place in il lo the thing. They were
careful to wrap up the idea, and the substance of Slavery, in the clause
for the surrender of the fugitive, though they sacrificed justice in doing so.
There is abundant evidence that this clause touching " persons held
to service or labor," not only operates practically, under the Judicial-
construction, for the protection of the slave interest; but that it was
{¦ntended so to operate by the framers of the Constitution. The highest
Judicial authorities — Chief Justice Sha-w, of the Supreme Court of
Massachusetts, ih the Latimer case, and Mr. Justice Story, in the Su
preme Court of the United States, in the case of Prigg vs. The State of
Pennsylvania, — tell us, I know not on what- evidence, that without this
^f. compromise," this security for Southern slnv(;[ioldRrs. "the Tlninn
could not have been formed." And there is still higher evidence, not
only that the framers of the Constitution meant by this clause to protect
slavery, but that they did this, knowing that slavery was wrong. Mr.
Madison * informs us that the clause in question, as it came out of the
? Madison Papnrs, p. 1589.

125
hands of Dr. Johnson, the chairman of the "committee on style," read
thus: "No person legally held to service, or labor, in one State, escaping
inlo another, shaU," fcc, and that tiie word " legally " was struck out,
and the words " under the laws thereof" inserted after the word " State,"
in compliance with the wish of some, w-lio ihought the term legal equiv
ocal, and favoring the idea that ,slavei-j' was legal " in a moral view."" A
conclusive proof that, although future generations might apply that
clause to other kinds of "service or labor," when slavery should have
died out, or been killed off by tiie young spirit of liberty, which was then
awake and at work in the land ; still, slavery was what they were wrap
ping up in " equivocal " words ; and wrapping it up fbr its protection
and safe keeping: a conclusive proof that the framers of the Constitution
were more careful to protect themselves in the judgraent of coming
generations, from the charge of ignorance, than of sin ; a conclusive
proof that they knew that slavery was not " legal in a moral view," that
it was a violation of tiie raoral law of God; and yet knowing and con
fessing ils immorality, they dared to make this stipulation for its support
and defence.
This language may sound harsh to the ears of those who think it a
part of their duty, as citizens, to maintain that whatever the patriots of
the Revolution did, was right ; and who hold that we are bound to do all
the iniquity that they covenanted for us that we should do. But the
claims of truth and right are paramount to all other claims.
'Wilh_al> our veneration for our constitutional fathers, we must admit,
— for they have left on reicord their own" confession of it, — ifiiitTirtBis
part of~tfiori^w6rk they intended to hold the shield of their protection
over a'wi-ong^kriowihg that it was a wrong. They made^ a~" cbmpro-
ifaise" which they had iio right^to" make — a compromise of moral
principle for the sake of what they probably regarded as "political
expediency." I ara sure they did not know — no man could know, or
can now measure, the extent, or the consequences of the wrong that
they were doing. In the strong language of John QuiNcr Adams, * in
relation to the article fixing the basis of representation, " Little did the
members of the Convention, from the free States, imagine or foresee
what a sacrifice to Moloch was hidden under the mask of this conces
sion." I verily believe that, giving all due consideration tO the benefits
conferred upon this nation by the Constitution, its national unity, ils
swelling masses of wealth, its power, and the external prosperity of its
multiplying miUions; yet the morcd injury that has been done, by the
coimtenance shown to slavery ; by holding over that tremendous sin the
shield of the Constitution, and thus breaking down in the eyes of the
nation the barrier between right and wrong ; by so tenderly cherishing
slavery as, in less than the life of a man, to multiply her chUdren from
? See his Report on the Massachusetts Resolutions.
11* '

126
half a million to nearly three millions ; by exacting oaths from those who
occupy prominent stations in society, that ihey will violate at o^ir.n the
rights of man and tiie law of God : by substituting itself as a rule of
right, in place of the moral laws of the universe; — thus in effect,
dethroning the Almighty in the hearts of this people and selling up
another sovereign in his stead — more than outweighs il all. A melan
choly and monitory lesson this, to all timc-sei-ving and temporizing
statesmen ! A striking illustration of the impij\ini of sacrifio-ing ri((ld lo
aay considerations of expediency ! Yet, what belter than the evil effects
that we have seen, could the authors of the Constitution have reasonably
expected, from the sacrifice of right, in ihe concessions they made lo
slavery? "Was it reasonable in thera lo expect that, after ^they had
introduced a vicious element inlo the very Constitution of the body
politic which they were calling inlo life, it would not exert ils vicious
energies ? Was it reasonable in them to expe,ct that, after slavery had
been corrupting the public morals for a whole generation, their children
would have too much virtue to use for the defence of slavery, a power
which they themselves had not too much virtue to give ? It is danger
ous for the sovereign power of a State lo license imraoralily ; to hold
the shield of its protection over anything that is not " legal in a moral
view." Bring- into your house a benumbed viper, and lay it down upon
your warra hearth, and soon it will not ask you into which room it may
crawl. Let Slavery once lean upon the supporting arm, and bask in
the fostering smile of the Stale, and you will soon see, as we now see,
both her minions and her victims multiply apace, till the politics, the
morals, the liberties, even the religion of the nation, are brought com
pletely under her control.
To me, it appears that the virus of slavery, introduced into the Consti
tution ofour body politic, by aTewsRgnt'punclures, has now so pervaded
and'poisone'3 the'wh Ole systein of our'Na tional Government, that literally
there is no health in it. The only remedy that I can see forjhe disease,
is to be found in the dissolution of the patient.
^EeTJon stitution of the United Stales, both in theory and practice, is]J
so utterly broken down by the influence and effects of slavery, so imbe
cile for the highest good of the nation, and so powerful for evil, that I
can give no voluntary assistance in holding il up any longer. "^
Henceforth it is dead to me, and I to it. I withdraw all profession of
allegiance to it, and all my voluntary efforts lo sustain it. The burdens
that it lays upon me, while it is held up by others, I shall endeavor to
bear patiently, yet acting with reference to a higher law, and distinctly
declaring, that while I retainjmy ow-n UbMty, IwiU be a party to no^ com
pact, which helps to rob any other man^of his.
Very respectfully, your friend,
FRANCIS JACKSON.

12Y

MR. WEBSTER'S SPEECH
^J" AT NIBLO'S GARDENS. - ^-— --
"We have slavery, already, amongst us. The Constitulionfourid.it
araong Us ; il recognized it and gave it SOLEMN GUARANTIES. To
the full extent of these guaranties we are all bound, in honor, in justice,
and by the Constitution. All the stipulations, contained in the Conslitu--
ti^H, Ml favor of ihe slaveholding States which are already in the Union,
ough^o be fulfiUed, and so far as depends on rae, shall be fulfilled, in
the fulness of their spirit, and to the exactness of their letter." ! ! !

EXTRACTS FROM
JOHN Q. ADAMS'S ADDRESS
AT NORTH BRIDGEWATER, NOVEiMBER 6, 1844.
The benefits of the Constitution of the United States, were the restor
ation of credit and reputatiou, to the country — the revival of commerce,
navigation, and ship-building — the acquisition of the moans of discharg
ing the debts of the Revolution, and the protection and encouragement
of the infant and drooping manufactures of the country. All this, how
ever, as is now well ascertained, was insufficient to propitiate the rulers
of the Southern Stales lo the adoption of the Constitution. What they
specially wanted was protection. — Protection from the powerful and sav
age tribes of Indians within iheii borders, and who were harassing thera
with the raost terrible of wars — and protection from their own negroes
— protection from their insurrections — protection from their escape —
protection even to the trade by which they were brought into the coun
try — protection, shall I not blush to say, protection to the very bondage
by which they were held. Yes! it cannot be denied — the slaveholding
lords of the South prescribed, as a condition of their assent lo the Con
stitution, three special provisions to secure the perpetuity of their domin
ion over thek slaves. The first was the immunity for twenty years of
preserving the African slave-trade; the second was the stipulation to
surrender fugitive slaves — an -engagement positively prohibited by the
laws of God, delivered from Sinai ; and thirdly, the exaction fatal to the
principles of popular representation, of a representation for slaves — for
articles of merchandise, under the name of persons^
, The reluctance with which the freemen of the North submitted to the
dictation of these conditions, is attested by the awkward and ambiguous
language in which they are expressed. The word slave is most cau
tiously and fastidiously excluded from the whole instrument. A stran-

128
ger, who should come from a foreign land, and read the Constitution of
the United States, would not believe that slavery or a slave existed within
the borders of our country. There is not a word in the Constilution
apparently bearing upon tiie condition of slavery, nor is there a provision
but would be susceptible of practical execution, if there wore not a slave
in the land.
The delegates from South Carolina and Georgia distinctly avowed
that, without this guarantee of protection to their property in slaves, they
would not yield their assent to the Constitution ; and the freeraen of the
North, reduced to the alternative of departing from the vital principle of
their liberty, or of forfeiting the Union itself, averted their faces, and with
trembling .hand subscribed the bond. i
Twenty years passed away — the slave markets of the South were
saturated with the blood of African bondage, and from midnight of the
31st of December, 1807, not a slave from Africa was suffered ever more
to be introduced upon our soil. But the internal traffic was still la-wful,
and the breeding States soon reconciled themselves to a prohibition which
gave them the monopoly of the interdicted trade, and they joined the
fiill chorus of reprobation, to punish with death the slave-trader from
Afiica, while they cherished and shielded and enjoyed the precious profits
of the American slave-trade exclusively to themselves.
Perhaps this unhappy result of their concession had not altogether
escaped the foresight of the freemen of the North ; but their intense anx
iety for the presei-vation of the whole Union, and the habit already formed
of yielding to the somewhat peremptory and overbearing tone which the
relation of master and slave welds into the nature of the lord, prevailed
wilh them to overlook this consideration, the internal slave-trade having
scarcely existed, while that with Africa had been allowed. But of one con
sequence which has followed from the slave representation, pervading the
whole, organic structure- of the Constitution, they certainly were not
prescient ; for if they had been, never — no, never would they have con
sented to it
The representation, ostensibly of slaves, under the name of persons,
was in its operation an exclusive grant of power to one class of proprie
tors, owners of one species of propei-ty, to the detriment of all the rest
of the community. This species of property was odious in its natm-e,
held in direct violation of the natural and inalienable rights of man, and
of the vital principles of Christianity ; it was all accumulated in one geo
graphical section of the country, and was aU held by wealthy raen, com
paratively small in > numbers, not amounting to a tenth part of the free
white population of the States in which k was concentrated.
In some of the ancient, and in some modern republics, extraordinary
political power and privileges have been invested in the owners of
horses but then these privileges and these powers have been granted for
the equivalent of extraordinary duties and services to the community,
reauired of the favored class. The Roman knights conslkuted tiie cav-

129
airy of their armies, and the bushels of rings gatiiercd by Hannibal from
their dead bodies, after the battle of Cannaj, amply prove that the special
powers conferred upon thera were no gratuitous grants. But in the Con
stitution of the United States, the political po^ver invested iu the o\mer3
of slaves is entirely gratuitous. No extraordinary service is required of
them ; they are, on the contrary, themselves grievous burdens upon the
comraunity, always threatened witii the danger of insurrections, to be
smothered in the blood of both parties, raaster and slave, and always
depressing the condition of the poor free laborer, by competition with
the labor of the slave. The properly in horses was the gift of God to
man, at the creation of the world ; the property in slaves is property ac
quired and held by crimes, differing in no moral aspect from the pillage
of a freebooter, and lo which no lapse of time can give a prescriptive
right. You are told that this is no concern of yours, and that the ques
tion of freedom and slavery is exclusively reserved lo the consideration
of the separate States. But if it be so, as to the mere question of right
between master and slave, it is of tremendous concern to you that this
little cluster of slave-owners should possess, besides their own share in
the representative hall of the nation, the exclusive privilege of appoint
ing two-fifths oflhe whole number of the representatives of the people.
This is now your condition, under that delusive ambiguity of language
and of principle, which begins by declaring the representation in the
popular branch of the legislature a representation of persons, and then
provides that one class of persons shall have neither part nor lol in the
choice of their representatives ; but their elective franchise shall be trans
ferred to their masters, and the oppressors shall represent the oppressed.
The same perversion of the representative principle pollutes the com
position of the colleges of electors of President and Vice President of
the United States, and every department of the government of the Union
is thus tainted at its source by the gangrene of slavery.
FeUow-citizens, — with a body of raen thus composed, for legislators
and executors of the laws, what will, what must be, what has been your
legislation? The nurabers of freeraen consliluting your nation are much
greater than those of the slaveholding .Slates, bond and free. You have
at least three-fifths of the whole population of the Union. Your influ
ence on the legislation and the administration of the government ought
to be in the proportion of three lo two — But how stands the fact ? Be
sides the legitimate portion of influence exercised by the slaveholding
States by the measure of their nurabers, here is an intrusive influence
in every department, by a representation nominally of persons, but really
of property, ostensibly of slaves, but effectively of their masters, over
balancing your superiority of nurabers, adding two-fifths of supplement
ary power lo the two-fifths fairly secured to thera by the compact, CON
TROLLING AND OVERRULING THE WHOLE ACTION OF
YOUR GOVERNMENT AT HOaiE AND ABROAD, and warping it
to the sordid private interest and oppressive policy of 300,000 owners of
slaves.

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From tiic time of tiic adoption of the Constitution oflhe United States,
the institution of domestic slavery has been becoming more and raore
the abhorrence of tho civilized world. But in proportion as it has been
growmg odious to all the rest of mankind, it has been sinking deeper
and deeper into tiic aflections of the holders of slaves themselves. The
cultivation of cotton and of sugar, unknown in the Union at the estab
lishment of the Constitution, has added largely to the pecimiarv value of
the slave. And the suppression oflhe African slave-trade as piracy upon
pain of death, by securing the benefit of a monopoly to the virtuous
slaveholders of the ancient dominion, has lurnod her heroic tyrannicides
into a community of slave-breeders for sale, and converted the land of
George Washington, Patrick Henrt, Richard Henry Lee, and
Thomas Jefferson, into' a great barracoon — a caltie-show of human
beings, an emporium, of which the staple articles of merchandise are the
- flesh and blood, the bones and sinews of immortal man.
Of the increasing abomination of slavery in the unbought hearts of
men at the time when the Constitution of the United States was formed,
what clearer proof could be desired, than that the very same year in
which that charter of the land was issued, the Congress of the Confed
eration, wilh not a tithe of the powers given by the people lo the Con
gress of the new compact, actually abolished slavery for ever throughout
the whole Northwestern territory, without a remonstrance or a murraur.
But in the articles of confederation, there was no guaranty for the prop
erty of the slaveholder — no double representation of hira in the Federal
councils — no power of taxation • — -no stipulation for the recovery of fu
gitive slaves. But when the powers of government came to be delegated
to the Union, the South — that is. South Carolina and Georgia — refused
thek subscription to the parchment, till it should be saturated with the
infection of slavery, which no fumigation could purify, no quarantine
could extinguish. The freemen of the North gave way, and the deadly
venom of slavery was infused into the Constitution of freedom. Ils first
consequence has been to invert the first principle of Democracy, that the
vriU of the majority of nurabers shall rule the land. By means of the
double representation, the minority command the whole, and a KNOT
OF SLAVEHOLDERS GIVE THE LAW AND PRESCRIBE THE
POLICY OF THE COUNTRY. To acquire this superiority of a large
majority of freemen, a persevering system of engrossing riearly all the
seats of power and place, is constantly for a long series of years pursued,
and you have seen, in a period of fifty-six years, the Chief-magistracy of
the Union held, during forty-four of them, by the o-wners of slaves. The
Executive departments, the Army and Navy, tiie Supreme Judicial Court
; and diplomatic missions abroad, all present tbe same spectacle; — an
immense majority of power in the hands of a very smaU rainority of the
people  mUlions made for a fraction of a few thousands.
# » # #'» » * .*
From that day (1830,) SLAVERY, SLAVEHOLDING, SLAVE-

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BREEDING AND SLAVE-TRADING, HAVE FORMED THE
WHOLE FOUNDATION OF THE POLICY OF THE FEDERAL
GOVERNJIENT, and of the slaveholding States, at home and abroad ;
and at the very time when a new census has exhibited a large increase
upon the superior numbers of the free Slates, it has presented the por
tentous evidence of increased influence and ascendancy of the slave-
holding power.
Of the prevalence of that power, you have had continual and conclu
sive evidence in the suppression for the space of len years of the right
of petition, guarantied, if there could be a guarantee against slavery, by
the fu-st article amendatory of the Constilution.

YALE UNIVERSITY

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