WEDNESDAY, JULY 11, 1787.

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

the Committee, the Southern States had received more than the number

of their white and three-fifths of their 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 their 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

circumstances he was satisfied with it.

Mr. Gorham was aware that there might be some weight in what had

fallen from his colleague, as to the umbrage which might be taken by

the people of the Eastern States. But he recollected that when the

proposition of Congress for changing the eighth Article of the

Confederation was before the Legislature of Massachusetts, the only

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.[1]

[Footnote 1: They were then to have been a rule of taxation 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 they 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

compromise. He had some apprehensions also, from the tendency of the

blending of the blacks with the whites, to give disgust to the people

of Pennsylvania, as had been intimated by his colleague (Mr.

Gouverneur Morris.)

Mr. Gouvemeur Morris was compelled to declare himself reduced 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 representation 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,[2] South

Carolina, no--6. pp. 1076-7-8.

[Footnote 2: Mr. Carroll said, in explanation of the vote of Maryland,

that he wished the _phraseology_ to be altered as to obviate, if

possible, the danger which had been expressed of giving umbrage to the

Eastern and Middle States.]

THURSDAY, July 12, 1787.

Mr. Butler contended that representation should be according to the

full number of inhabitants, including all the blacks.

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 600,000£. sterling,

all which was the fruit of the labor of her blacks. Will she be

represented in proportion to this amount? She will not. Neither ought

she then be subject to a tax on it. He hoped a clause would be

inserted in the system, restraining the Legislature from taxing

exports.

Mr. Gouverneur Morris having so varied his motion by inserting the

word "direct," it passed, _nem. con._, as follows: "provided always

that direct taxation ought to be proportioned to representation."

Mr. Davie said it was high time 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 Carolina would

never confederate on any terms that did not rate them at least as

three-fifths. If the Eastern States meant, therefore, to exclude them

altogether, the business was at an end.

Dr. Johnson thought that wealth and population were the true,

equitable rules of representation; but he conceived that these two

principles resolved themselves into one, population being the best

measure of wealth. He concluded, therefore, that the number of people

ought to be established as the rule, and that all descriptions,

including blacks _equally_ with the whites, ought to fall within the

computation. As various opinions had been expressed on the subject, he

would move that a 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 hoped, 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 then has been already proposed--that

the legislature shall from time to time regulate representation

according to population and wealth?

General Pinckney desired that the rule of wealth should be

ascertained, 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 following, "and that the rule of contribution for 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 in the several States, until some other use rule

that shall more accurately ascertain the wealth of the several States,

can be devised and adopted by the Legislature."

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

circumstances of the States, a census shall be taken within two years

from the first meeting of the General Legislature of the United

States, and once within the term of every ---- years afterwards, of

all the inhabitants, in the manner and according to the ratio

recommended by Congress in their Resolution of the eighteenth day of

April, 1783, (rating the blacks at three-fifths of their 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 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. Wilson 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 to 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 pecuniary

resources as those of the northern states. They add equally to the

wealth, and, considering money as the sinew of war, to the strength,

of the nation. It will also be politic with regard to the Northern

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 Carolina, Georgia, aye

--2; Massachusetts, Connecticut (Doctor Johnson, aye), New Jersey,

Pennsylvania (three against two), Delaware, Maryland, 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 when there were no slaves, than where there were; the

consumption 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.

On the question on the whole proposition, as proportioning

representation 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, Virginia, North Carolina, Georgia, aye--6;

New-Jersey, Delaware, no--2; Massachusetts, South Carolina, divided.

_pp._ 1079 to 1087.

Friday, July 13, 1787.

On the motion of Mr. Randolph (of Virginia), the vote of Monday last,

authorizing the Legislature to adjust, from time to time, the

representation upon the principles of _wealth_ and numbers of

inhabitants, was reconsidered by common consent, in order to strike

out _wealth_ and adjust the resolution to that 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

inhabitants, and the revision 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 very

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 has 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, in

order to provide some defence for the Northern States against it. But

to come more to the point, 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 demands 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 between

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, leaving no property

nor interest exposed to the sea, will be little affected by such a

war. He wished to know what security the Northern and Middle States

will have against this danger. It has been said that North Carolina,

South Carolina, and Georgia only, will in a little time have a

majority of the people of America. They must in that case include the

great interior country, and every thing was to be apprehended from

their getting the power into their hands.

Mr. Butler (of South Carolina). The security the Southern States want

is, that their negroes may not be taken from them, which some

gentlemen within or without doors have a very good mind to do. It was

not supposed that North Carolina, South Carolina and Georgia, would

have more people than all the other States, but many more relatively

to the 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. Randoph (of Virginia), it passed in the affirmative,--

Massachusetts, Connecticut, New-Jersey, Pennsylvania, Maryland,

Virginia, North Carolina, South Carolina, Georgia, aye--9; Delaware,

divided. _pp_. 1090-1-2-3-4.

SATURDAY, July 14, 1787.

Mr. Madison (of Virginia). it seemed now 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 DISCRIMINATION. _p_.

1104.

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. Gouverneur Morris hoped the Committee would strike out the whole

of the clause proportioning direct taxation to representation. He had

only meant it as a bridge[3] 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 strictness liable to strong objections. _p_.

1197.

[Footnote 3: 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.]

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 admission

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 circumstance to his

mind, and he believed would be so to a great part of the people of

America. He had not made a strenuous opposition to it heretofore,

because he had hope 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

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 Northern States could never be reconciled to it. No candid man

could undertake 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 National Legislature. Indeed, he could so little

persuade himself of the rectitude of such a practice, that he was not

sure he could assent to it under any circumstances. At all events,

either slaves should not be represented, 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 the 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

institution. It was the curse of Heaven on the States where it

prevailed. Compare the free regions of the Middle 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, Maryland, and the other States having slaves. Travel

through the whole continent, and you behold the prospect continually

varying with the appearance and disappearance of slavery. The moment

you leave the Eastern 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 southwardly, and every step you take, through the

great regions of slaves, presents a desert increasing with the

increasing proportion of these wretched beings. Upon what principle is

it that the slaves shall be computed in the representation? Are they

men? Then make them citizens, and let them vote. Are they property?

Why, then is no other property included? 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

Africa, and, in defiance of the most sacred laws of humanity, tears

away his fellow-creatures from their dearest connections, and damns

them to the most cruel bondage, shall have more votes in a government

instituted for protection of the rights of mankind, than the citizen

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

Constitution. 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 humanity? They are to bind themselves to march their

militia for the defence of the Southern States, for their defence

against those very 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 subsistence 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 assurance of

having their votes in the National Government increased in proportion;

and are, at the same time, to have their exports and their slaves

exempt from all contributions for the public service. Let it not be

said, that direct taxation is to be proportioned to representation.

It is idle to suppose that the General Government can stretch 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

sentiments 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 freemen 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

Carolina, Georgia, no--10. pp. 1261-2-3-4-5-6.

TUESDAY, August 21, 1787.

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 counted as three freemen, in the

apportionment of Representatives, such a clause would leave an

encouragement 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 inconsistent with the principles of the

Revolution, and dishonorable to the American character, to have such a

feature in the Constitution.

Mr. Rutledge did not see how the importation 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 consult 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 every State

import what it pleases. The morality or wisdom of slavery are

considerations belonging to the States themselves. What enriches a

part enriches 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

prohibits 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 Virginia and Maryland already have done.

Adjourned. _pp_. 1388-9.

WEDNESDAY, August 22, 1787.

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

several States would probably by degrees complete it. He urged on the

Convention the necessity of despatching its business.

Col. Mason. 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

instruments in their hands. But their folly dealt by the slaves as it

did by the tories. He mentioned the dangerous insurrections of the

slaves in Greece and Sicily; and the instructions given by Cromwell to

the commissioners sent to Virginia, to arm the servants and slaves, in

case other means of obtaining its submission should fail. Maryland and

Virginia he said had already prohibited the importation of slaves

expressly. North Carolina had done the same in substance. All this

would be in vain, if South Carolina and Georgia be at liberty to

import. The Western people are already calling out for slaves for

their new lands; and will fill that country with slaves, if they can

be got through South Carolina and Georgia. Slavery discourages arts

and manufactures. The poor despise labor when performed by slaves.

They prevent 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 of our Eastern brethren

had, from a lust of gain, embarked in the nefarious traffic. As to the

States being in possession of the 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 free 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 Massachusetts. 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 slaves. 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

produce serious objections to the Constitution, which he wished to see

adopted.

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 carrying trade; the more consumption also; and the more of

this, the more revenue for the common treasury. He admitted it to be

reasonable that slaves should be dutied like other imports; but should

consider a rejection of 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 every thing; that her distance would

preclude her, from equal advantage; and that she could not prudently

purchase it by yielding national powers. From this it might be

understood, 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 themselves

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, on 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 apprehended; especially as the power was not likely to be

immediately exercised by the General Government.

Mr. Williamson stated the law of North Carolina on the subject, to

wit, that it did not directly prohibit the importation of slaves. It

imposed 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 disagree 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 from the other States. He

remarked 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 commercial 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, have 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 the clause, that slaves might be made liable to an equal tax

with other imports; which 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

seconded the motion of Gen. Pinckney for a commitment.

Mr. Gouverneur Morris wished the whole subject to be committed

including the clauses relating to taxes on exports and to a navigation

act. These things may form a bargain among the Northern and Southern

States.

Mr. Butler declared that he never would agree to the power of taxing

exports.

Mr. Sherman said it was better to let the Southern States import

slaves, than to part with them, if they made that a _sine qua non_. He

was opposed to a tax on slaves imported, as making the matter worse,

because it implied they were _property_. He acknowledged that if the

power of prohibiting the importation should be given to the General

Government, that it would be exercised. He thought it would be its

duty to exercise the power.

Mr. Read was for the commitment, provided the clause concerning taxes

on experts should also be committed.

Mr. Sherman observed that that clause had been agreed to, and

therefore could not be committed.

Mr. Randolph was for committing, in order that some middle ground

might, if possible, be found. He could never agree to the clause as it

stands. He would sooner risk the Constitution. He dwelt on the dilemma

to which the Convention was exposed. By agreeing to the clause, it

would revolt the Quakers, the Methodists, and many others in the

States having no slaves. On the other hand, two States might be lost

to the Union. Let us then, he said, try the chance of a commitment.

On the question for committing the remaining part of Sections 4 and 5,

of Article 7,--Connecticut, New Jersey, Maryland, Virginia, North

Carolina, South Carolina, Georgia, aye--7; New Hampshire,

Pennsylvania, Delaware, no--3; Massachusetts absent. p. 1390-97.

Friday, August 24, 1787.

_In Convention_,--Governor Livingston, from the committee of eleven,

to whom were referred the two remaining clauses of the fourth section,

and the fifth and sixth sections, of the seventh Article, delivered in

the following Report:

"Strike out so much of the fourth section as was referred to the

Committee, and insert, 'The migration or importation of such persons

as the several States, now existing, shall think proper to admit,

shall not be prohibited by the Legislature prior to the year 1800; but

a tax or duty may be imposed on such migration or importation, at a

rate not exceeding the average of the duties laid on imports.'

"The fifth Section to remain as in the Report.

"The sixth Section[4] to be stricken out." p. 1415.

[Footnote 4: This sixth Section was, "No Navigation act shall be passed

without the assent of two-thirds of the members present in each

House."--EDITOR.]

Saturday, August 25, 1787.

The Report of the Committee of eleven (see Friday, the twenty-fourth)

being taken up,--

Gen. Pinckney moved to strike out the words, "the year eighteen

hundred," as the year limiting the importation of slaves; and to

insert the words, "the year eighteen hundred and eight."

Mr. Gorham seconded the motion.

Mr. Madison. Twenty years will produce all the mischief that can be

apprehended from the liberty to import slaves. So long a term will be

more dishonorable to the American character, than to say nothing about

it in the Constitution.

On the motion, which passed in the affirmative,--New Hampshire,

Massachusetts, Connecticut, Maryland, North Carolina, South Carolina,

Georgia, aye--7; New Jersey, Pennsylvania, Delaware, Virginia, no--4.

Mr. Gouverneur Morris was for making the clause read at once, "the

importation of slaves in North Carolina, South Carolina, and Georgia,

shall not be prohibited, &c." This he said, would be most fair, and

would avoid the ambiguity by which, under the power with regard to

naturalization, the liberty reserved to the States might be defeated.

He wished it to be known, also, that this part of the Constitution was

a compliance with those States. If the change of language, however,

should be objected to, by the members from those States, he should not

urge it.

Col. Mason was not against using the term "slaves," but against naming

North Carolina, South Carolina, and Georgia, lest it should give

offence to the people of those States.

Mr. Sherman liked a description better than the terms proposed, which

had been declined by the old Congress, and were not pleasing to some

people.

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