Mr. Williamson said, that both in opinion and practice he was against
slavery; but thought it more in favor of humanity, from a view of all
circumstances, to let in South Carolina and Georgia on those terms,
than to exclude them from the Union.
Mr. Gouverneur Morris withdrew his motion.
Mr. Dickinson wished the clause to be confined to the States which had
not themselves prohibited the importation of slaves; and for that
purpose moved to amend the clause, so as to read: "The importation of
slaves into such of the States as shall permit the same, shall not be
prohibited by the Legislature of the United States, until the year
1808;" which was disagreed to, _nem. con._[5]
[Footnote 5: In the printed Journals, Connecticut, Virginia, and
Georgia, voted in the affirmative.]
The first part of the Report was then agreed to, amended as follows:
"The migration or importation of such persons as the several States
now existing shall think proper to admit, shall not be prohibited by
the Legislature prior to the year 1808,"--
New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina,
South Carolina, Georgia, aye--7; New Jersey, Pennsylvania, Delaware,
Virginia, no--4.
Mr. Baldwin, in order to restrain and more explicitly define, "the
average duty," moved to strike out of the second part the words,
"average of the duties and on imports," and insert "common impost on
articles not enumerated;" which was agreed to, _nem. con._
Mr. Sherman was against this second part, as acknowledging men to be
property, by taxing them as such under the character of slaves.
Mr. King and Mr. Langdon considered this as the price of the first
part.
Gen. Pinckney admitted that it was so.
Col. Mason. Not to tax, will be equivalent to a bounty on, the
importation of slaves.
Mr. Gorham thought that Mr. Sherman should consider the duty, not as
implying that slaves are property, but as a discouragement to the
importation of them.
Mr. Gouverneur Morris remarked, that, as the clause now stands, it
implies that the Legislature may tax freemen imported.
Mr. Sherman, in answer to Mr. Gorham, observed, that the smallness of
the duty showed revenue to be the object, not the discouragement of
the importation.
Mr. Madison thought it wrong to admit in the Constitution the idea
that there could be property in men. The reason of duties did not
hold, as slaves are not, like merchandise, consumed, &c.
Col. Mason, in answer to Mr. Gouverneur Morris. The provision as it
stands, was necessary for the case of convicts; in order to prevent
the introduction of them.
It was finally agreed, _nem. con_., to make the clause read: "but a
tax or duty may be imposed on such importation, not exceeding ten
dollars for each person;" and then the second part, as amended, was
agreed to. _pp_. 1427 to 30.
Tuesday, August 28, 1787.
Article 14, was then taken up.
General Pinckney was not satisfied with it. He seemed to wish some
provision should be included in favor of property in slaves.