SECT. 3. The proportions of direct taxation shall be regulated by 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 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 manner 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 directed 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 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 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
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 be 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 burdensome 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.
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."
He hoped the Northern States did not mean to deny the Southern this
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 the situation of
the States 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 the case. Were it not for promoting
the carrying trade of the Northern States, the Southern States could
let the trade go into foreign bottoms, where it would not need our
protection.--pp. 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 be
allowed to the large States. Unless this were done, the small States
would be reduced to entire insignificance, and encouragement given to
the importation of slaves.
MR. SHERMAN would agree to such a reconsideration; but did not see the
necessity of postponing the section before the House. MR. DICKINSON
withdrew his motion.
Article 7, Section 3, was then agreed to,--ten ayes; Delaware alone,
no.--p. 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 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.
_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
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 this 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 everything; 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, 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 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 exports 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.
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 Southern States.
Mr. Wilson wished for a commitment, in order to reduce the proportion
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, with
such others as may be disposed to stand aloof; should fly into a
variety of shapes and directions, and most probably into several
confederations,--and not without bloodshed.
On the question for committing Section 6, as to a navigation act, to a
member from each State,--New Hampshire, Massachusetts, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia,
aye--9; Connecticut, New Jersey, no--2.
The Committee appointed were Messrs. Langdon, King, Johnson,
Livingston, Clymer, Dickinson, L. Martin, Madison, Williamson, C.C.
Pinckney, and Baldwin.
To this Committee were referred also the two clauses above mentioned
of the fourth and fifth Sections of Article 7.--pp. 1390 to 1397.