The third paragraph of the 2d section being read,
Mr. King rose to explain it. There has, says he, been much
misconception of this section. It is a principle of this Constitution,
that representation and taxation should go hand in hand. This
paragraph states, that the numbers of free persons shall be
determined, by adding to the whole number of free persons, including
those bound to service for a term of years, and excluding Indians not
taxed, three-fifths of all other persons. These persons are the
slaves. By this rule is representation and taxation to be apportioned.
And it was adopted, because it was the language of all America.
Mr. Widgery asked, if a boy of six years of age was to be considered
as a free person?
Mr. King in answer said, all persons born free were to be considered
as freemen; and to make the idea of _taxation by numbers_ more
intelligible, said that five negro children of South Carolina, are to
pay as much tax as the three Governors of New Hampshire,
Massachusetts, and Connecticut.
Mr. Gorham thought the proposed section much in favor of Massachusetts;
and if it operated against any state, it was Pennsylvania, because
they have more white persons _bound_ than any other.
Judge Dana, in reply to the remark of some gentlemen, that the
southern States were favored in this mode of apportionment, by having
five of their negroes set against three persons in the eastern, the
honorable judge observed, that the negroes of the southern States work
no longer than when the eye of the driver is on them. Can, asked he,
that land flourish like this, which is cultivated by the hands of
freemen? Are not _three_ of these independent freemen of more real
advantage to a State, than _five_ of those poor slaves?
Mr. Nasson remarked on the statement of the honorable Mr. King, by
saying that the honorable gentleman should have gone further, and
shown us the other side of the question. It is a good rule that works
both ways--and the gentlemen should also have told us, that three of
our infants in the cradle, are to be rated as high as five of the
working negroes of Virginia. Mr. N. adverted to a statement of Mr.
King, who had said, that five negro children of South Carolina were
equally rateable as three governors of New England, and wished, he
said, the honorable gentleman had considered this question upon the
other side--as it would then appear that this State will pay as great
a tax for three children in the cradle, as any of the southern States
will for five hearty working negro men. He hoped, he said, while we
were making a new government, we should make it better than the old
one: for if we had made a bad bargain before, as had been hinted, it
was a reason why we should make a better one now.
Mr. Dawes said, he was sorry to hear so many objections raised against
the paragraph under consideration. He thought them wholly unfounded;
that the black inhabitants of the southern States must be considered
either as slaves, and as so much property, or in the character of so
many freemen; if the former, why should they not be wholly
represented? Our _own_ State laws and Constitution would lead us to
consider those blacks as _freemen_, and so indeed would our own ideas
of natural justice: if, then, they are freemen, they might form an
equal basis for representation as though they were all white
inhabitants. In either view, therefore, he could not see that the
northern States would suffer, but directly to the contrary. He
thought, however, that gentlemen would do well to connect the passage
in dispute with another article in the Constitution, that permits
Congress, in the year 1808, wholly to prohibit the importation of
slaves, and in the mean time to impose a duty of ten dollars a head on
such blacks as should be imported before that period. Besides, by the
new Constitution, every particular State is left to its own option
totally to prohibit the introduction of slaves into its own
territories. What could the convention do more? The members of the
southern States, like ourselves, have _their_ prejudices. It would
not do to abolish slavery, by an act of Congress, in a moment, and so
destroy what our southern brethren consider as property. But we may
say, that although slavery is not smitten by an apoplexy, yet it has
received a mortal wound and will die of a consumption.
Mr. Neal (from Kittery,) went over the ground of objection to this
section on the idea that the slave trade was allowed to 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 to
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!
Washington, 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, towards the abolition of slavery, was one of the beauties of
the Constitution. They observed, that in the confederation there was
no provision whatever for its ever being abolished; but this
Constitution provides, that Congress may, after 20 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 interim, all the States were at liberty
to prohibit it.
Saturday, January 26.--[The debate on the 9th section still continued
desultory--and consisted of similar objections, and answers thereto,
as had before been used. 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,
abhorrent 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 with a candid freedom, on some of the
paragraphs of the system, which have lain heavy on my mind. I have
lost the opportunity of expressing my warm approbation on some of the
paragraphs. I have lost the opportunity of hearing those judicious,
enlightening and convincing arguments, which have been advanced during
the investigation of the system. This is my misfortune, and I must
bear it. The paragraph respecting the migration or importation 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 heard
nothing on the subject, save what has been mentioned this morning; but
I think the gentlemen 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 gentleman 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 time will soon come, when
our brethren in the southern States will view it as we do, and put a
stop to it; but to this we have no right to compel them. Two questions
naturally arise: if we ratify the Constitution, 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 encourage the slavery of our 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;
the migration or importation, &c., is confined to the States, now
_existing only_, new States cannot claim it. Congress, by their
ordinance for erecting new States, some time since, declared that the
new States shall be republican, 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 it.
Mr. Neal rose and said, that as the Constitution at large, was now
under consideration, he would just remark, that the article which
respected the Africans, was the one which laid on his mind--and,
unless his objections to that were removed, it must, how much soever
he liked the other parts of the Constitution, be a sufficient reason
for him to 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 Major
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 Africa, who are kidnapped and sold for slaves. With the
brightest colors he painted their happiness and ease on their native
shores, and contrasted them with their wretched, miserable and unhappy
condition, in a state of slavery.
Rev. Mr. Buckus. Much, sir, has been said about the importation of
slaves into this country. I believe that, according to my capacity, no
man abhors that wicked practice more than I do, and would gladly make
use of all lawful means towards the abolishing of slavery in all parts
of the land. But let us consider where we are, and 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 State is at liberty now to abolish
slavery as soon as they please. And let us remember our former
connexion with Great Britain, from whom many in our land think we
ought not to have revolted. How did they carry on the slave trade! I
know that the Bishop of Gloucester, in an annual sermon in London, in
February, 1766, endeavored to 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 gentleman 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 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 enslave them as
far as they could extend their power. And from thence the mystery of
iniquity, carried many into the practice of making merchandise of
slaves and souls of men. But all ought to remember, that when God
promised the land of Canaan to Abraham and his seed, he let him know
that they were not to take possession of that land, until the iniquity
of the Amorites was full; and then they did it under the immediate
direction of Heaven; and they were as real executors of the judgment
of God upon those heathens, as any person ever was an executor of a
criminal justly condemned. 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 invade the lands of the Moabites, or of the children of
Ammon, who were of the seed of Lot. And no officer 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 with a price; be not ye the
servants of men. Thus the gospel sets all men upon a level, very
contrary to the declaration of an honorable gentleman in this house,
"that the Bible was contrived for the advantage of a particular order
of men."
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