Mr. Wilson. Much fault has been found with the mode of expression,
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 in this constitution--and as
to the manner of laying taxes, this is not the first time that the
subject has come into the view of the United States, and of the
legislatures of the several states. The gentleman, (Mr. Findley) will
recollect, that in the present congress, the quota of the federal
debt, and general expenses, 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 execution. Congress were satisfied of
this, and in the year 1783 recommended, in conformity with the powers
they possessed under the articles of confederation, that the quota
should be according to the number of free people, including those
bound to servitude, and excluding Indians not taxed. These were the
expressions used in 1783, and the fate of this recommendation was
similar to all their other resolutions. It 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 gentlemen,
who agreed to this very mode of expression at that time, come forward
and state it as an objection on the present occasion. It was natural,
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 unexceptional before. With respect to the
clause, restricting congress from prohibiting the migration or
importation of such persons, as any of the states now existing, shall
think proper to admit, prior to the year 1808. The honorable gentleman
says, that this cause 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 intended; but I will tell you what was done, and it
gives me high pleasure, that so much was done. Under 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 contrary. 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. It is
with much satisfaction I view this power in the general government,
whereby they may lay an interdiction on this reproachful trade; but an
immediate advantage is also obtained, for a tax or duty may be imposed
on such importation, not exceeding ten dollars for each person; and
this, sir, operates as a partial prohibition; it was all that could be
obtained, I am sorry it was no more; but from this I think there is
reason to hope, that yet a few years, and it will be prohibited
altogether; and in the mean time, the new states which are to be
formed, will be under the control of congress in this particular; and
slaves will never be introduced amongst them. The gentleman says, that
it is unfortunate in another point of view; it means to prohibit the
introduction of white people from Europe, as this tax may deter them
from coming amongst us; a little impartiality 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 the term migration is dropped, when a tax or
duty is mentioned, so that congress have power to impose the tax only
on those imported.
I recollect, on a former day, the honorable gentleman from
Westmoreland (Mr. Findley) and the honorable gentleman from Cumberland
(Mr. Whitehill,) took exception against the first clause of the 9th
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 permit
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 to.
I am sorry 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 few years! and congress will have power to exterminate slavery from
within our borders.
How would such a delightful prospect expand the breast of a benevolent
and philanthropic European? Would he cavil at an expression? catch at
a phrase? No, sir, that is only reserved for the gentleman on the
other side of your chair to do.
Mr. McKean. The arguments against the constitution are, I think,
chiefly these: ...
That migration or importation of such persons, as any of the states
shall admit, shall not be prohibited prior to 1808, nor a tax 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
opposition, 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 agreement might be made, that did not perfectly accord
with the will and pleasure of any one person. Instead of finding fault
with what has been gained, I am happy to see a disposition in the
United States to do so much.
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