New Jersey, Delaware, Maryland, aye--3; New Hampshire, Massachusetts,
Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina,
Georgia, no--8.--_pp_. 1569-70.
SATURDAY, September 15, 1787.
Article 4, Section 2, (the third paragraph,) the term "legally" was
struck out; and the words, "under the laws thereof," inserted after
the word "State," in compliance with the wish of some who thought the
term _legal_ equivocal, and favoring the idea that slavery was legal
in a moral view.--p. 1589.
Mr. GERRY stated the objections which determined him to withhold his
name from the Constitution: 1-2-3-4-5-6, that three-fifths of the
blacks are to be represented, as if they were freemen.--p. 1595.
LIST OF MEMBERS
OF THE FEDERAL CONVENTION WHO FORMED THE CONSTITUTION OF
THE UNITED STATES.
_From_ _Attended._
New Hampshire, 1 John Langdon, July 23, 1787.
_John Pickering_,
2 Nicholas Gilman, " 23.
_Benjamin West_,
Massachusetts, _Francis Dana_,
Elbridge Gerry, May 29.
3 Nath'l Gorham, " 28.
4 Rufus King, " 25.
Caleb Strong, May 28.
Rhode Island, (No appointment.)
Connecticut, 5 W.S. Johnson, June 2.
6 Roger Sherman, May 30.
Oliver Ellsworth, " 29.
New York, Robert Yates, " 25.
7 Alex'r Hamilton, " 25.
John Lansing, June 2.
New Jersey, 8 Wm. Livingston, " 5.
9 David Brearly, May 25.
Wm. C. Houston, May 25.
10 Wm. Patterson, do.
_John Nielson_,
_Abraham Clark_.
11 Jonathan Dayton, June 21.
Pennsylvania, 12 Benj. Franklin, May 28.
13 Thos. Mifflin, do.
14 Robert Morris, May 25.
15 Geo. Clymer, " 28.
16 Thos. Fitzsimons, " 25.
17 Jared Ingersoll, " 28.
18 James Wilson, " 25.
19 Gouv'r Morris, " 25.
Delaware, 20 Geo. Reed, " 25.
21 G. Bedford, Jr. " 28.
22 John Dickenson, " 28.
23 Richard Bassett, " 25.
24 Jacob Broom, " 25.
Maryland, 25 James M'Henry, " 29.
26 Daniel of St. Tho.
Jenifer, June 2.
27 Daniel Carroll, July 9.
John F. Mercer, Aug. 6.
Luther Martin, June 9.
Virginia, 28 G. Washington, May 25.
_Patrick Henry_, (declined.)
Edmund Randolph, " 25.
29 John Blair, " 25.
30 Jas. Madison, Jr. " 25.
George Mason, " 25.
George Wythe, " 25.
James McClurg, (in
room of P. Henry) " 25.
31 Wm. Blount (in room
of R. Caswell), June 20.
_Willie Jones_, (declined.)
32 R.D. Spaight, May 25.
33 Hugh Williamson, (in
room of W. Jones,) May 25.
South Carolina, 34 John Rutledge, " 25.
35 Chas. C. Pinckney, " 25.
36 Chas. Pinckney, " 25.
37 Peirce Butler, " 25.
Georgia, 38 William Few, May 25.
39 Abr'm Baldwin, June 11.
William Pierce, May 31.
_George Walton._
Wm. Houston, June 1.
_Nath'l Pendleton._
Those with numbers before their names signed the Constitution. 39
Those in italics never attended. 10
Members who attended, but did not sign the Constitution, 16
--
65
Extracts from a speech of Luther Martin, (delivered before the
Legislature of Maryland,) one of the delegates from Maryland to the
Convention that formed the Constitution of the United States.
With respect to that part of the _second_ section of the _first_
Article, which relates to the apportionment of representation and
direct taxation, there were considerable objections made to it,
besides the great objection of inequality--It was urged, that no
principle could justify taking _slaves_ into computation in
apportioning the number of _representatives_ a State should have in
the government--That it involved the absurdity of increasing the power
of a State in making laws for _free men_ in proportion as that State
violated the rights of freedom--That it might be proper to take slaves
into consideration, when _taxes_ were to be apportioned, because it
had a tendency to _discourage slavery_; but to take them into account
in giving representation tended to _encourage_ the _slave trade_, and
to make it the interest of the States to continue that _infamous
traffic_--That slaves could not be taken into account as _men_, or
_citizens_, because they were not admitted to the _rights of
citizens_, in the States which adopted or continued slavery--If they
were to be taken into account as _property_, it was asked, what
peculiar circumstance should render this property (of all others the
most odious in its nature) entitled to the high privilege of
conferring consequence and power in the government to its possessors,
rather than _any other_ property: and why _slaves_ should, as
property, be taken into account rather than horses, cattle, mules, or
any other species; and it was observed by an honorable member from
Massachusetts, that he considered it as dishonorable and humiliating
to enter into compact with the _slaves_ of the _Southern States_, as
it would with the _horses_ and _mules_ of the _Eastern_.
By the ninth section of this Article, the importation of such persons
as any of the States now existing, shall think proper to admit, shall
not be prohibited prior to the year 1808, but a duty may be imposed on
such importation, not exceeding ten dollars for each person.
The design of this clause is to prevent the general government from
prohibiting the importation of slaves; but the same reasons which
caused them to strike out the word "national," and not admit the word
"stamps," influenced them here to guard against the word "_slaves_."
They anxiously sought to avoid the admission of expressions which
might be odious in the ears of Americans, although they were willing
to admit into their system those _things_ which the expressions
signified; and hence it is that the clause is so worded as really to
authorize the general government to impose a duty of ten dollars on
every foreigner who comes into a State to become a citizen, whether he
comes absolutely free, or qualifiedly so as a servant; although this
is contrary to the design of the framers, and the duty was only meant
to extend to the importation of slaves.
This clause was the subject of a great diversity of sentiment in the
Convention. As the system was reported by the committee of detail, the
provision was general, that such importation should not be prohibited,
without confining it to any particular period. This was rejected by
eight States--Georgia, South Carolina, and, I think, North Carolina,
voting for it.
We were then told by the delegates of the two first of those States,
that their States would never agree to a system, which put it in the
power of the general government to prevent the importation of slaves,
and that they, as delegates from those States, must withhold their
assent from such a system.
A committee of one member from each State was chosen by ballot, to
take this part of the system under their consideration, and to
endeavor to agree upon some report, which should reconcile those
States. To this committee also was referred the following proposition,
which had been reported by the committee of detail, to wit: "No
navigation act shall be passed without the assent of two-thirds of the
members present in each house;" a proposition which the staple and
commercial States were solicitous to retain, lest their commerce
should be placed too much under the power of the Eastern States; but
which these last States were as anxious to reject. This committee, of
which also I had the honor to be a member, met and took under their
consideration the subjects committed to them. I found the _Eastern_
States, notwithstanding their _aversion to slavery_, were very willing
to indulge the Southern States, at least with a temporary liberty to
prosecute the _slave trade_, provided the Southern States would in
their turn gratify them, by laying no restriction on navigation acts;
and after a very little time, the committee, by a great majority,
agreed on a report, by which the general government was to be
prohibited from preventing the importation of slaves for a limited
time, and the restricted clause relative to navigation acts was to be
omitted.
This report was adopted by a majority of the Convention, but not
without considerable opposition.
It was said, we had just assumed a place among independent nations in
consequence of our opposition to the attempts of Great Britain to
_enslave us_; that this opposition was grounded upon the preservation
of those rights to which God and nature had entitled us, not in
_particular_, but in _common_ with all the rest of mankind; that we
had appealed to the Supreme Being for his assistance, as the God of
freedom, who could not but approve our efforts to preserve the
_rights_ which he had thus imparted to his creatures; that now, when
we had scarcely risen from our knees, from supplicating his mercy and
protection in forming our government over a free people, a government
formed pretendedly on the principles of liberty, and for its
preservation,--in that government to have a provision not only putting
it out of its power to restrain and prevent the slave trade, even
encouraging that most infamous traffic, by giving the States the power
and influence in the Union in proportion as they cruelly and wantonly
sported with the rights of their fellow-creatures, ought to be
considered as a solemn mockery of, and an insult to, that God whose
protection we had then implored, and could not fail to hold us up in
detestation, and render us contemptible to every true friend of
liberty in the world. It was said, it ought be considered that
national crimes can only be, and frequently are, punished in this
world by national punishments; and that the continuance of the slave
trade, and thus giving it a national sanction, and encouragement,
ought to be considered as justly exposing us to the displeasure and
vengeance of him who is equally Lord of all, and who views with equal
eye the poor African slave and his American master!
It was urged that by this system, we were giving the general
government full and absolute power to regulate commerce, under which
general power it would have a right to restrain, or totally prohibit,
the slave trade: it must, therefore, appear to the world absurd and
disgraceful to the last degree, that we should except from the
exercise of that power, the only branch of commerce which is
unjustifiable in its nature, and contrary to the rights of mankind.
That, on the contrary, we ought rather to prohibit expressly in our
Constitution, the further importation of slaves, and to authorize the
general government, from time to time, to make such regulations as
should be thought most advantageous for the gradual abolition of
slavery, and the emancipation of the slaves which are already in the
States. That slavery is inconsistent with the genius of republicanism,
and has a tendency to destroy those principles on which it is
supported, as it lessens the sense of the equal rights of mankind, and
habituates us to tyranny and oppression. It was further urged, that,
by this system of government, every State is to be protected both from
foreign invasion and from domestic insurrections; from this
consideration, it was of the utmost importance it should have a power
to restrain the importation of slaves, since, in proportion as the
number of slaves are increased in any State, in the same proportion
the State is weakened and exposed to foreign invasion or domestic
insurrection, and by so much less will it be able to protect itself
against either, and therefore will by so much the more want aid from,
and be a burden to, the Union.
It was further said, that, as in this system we were giving the
general government a power, under the idea of national character, or
national interest, to regulate even our weights and measures, and have
prohibited all possibility of emitting paper money, and passing
insolvent laws, &c., it must appear still more extraordinary, that we
should prohibit the government from interfering with both slave trade,
than which nothing could so materially affect both our national honor
and interest.
These reasons influenced me, both on the committee and in convention,
most decidedly to oppose and vote against the clause, as it now makes
part of the system.
You will perceive, sir, not only that the general government is
prohibited from interfering in the slave trade before the year
eighteen hundred and eight, but that there is no provision in the
Constitution that it shall afterwards be prohibited, nor any security
that such prohibition will ever take place; and I think there is great
reason to believe, that, if the importation of slaves is permitted
until the year eighteen hundred and eight, it will not be prohibited
afterwards. At this time, we do not generally hold this commerce in so
great abhorrence as we have done. When our liberties were at stake, we
warmly felt for the common rights of men. The danger being thought to
be past, which threatened ourselves, we are daily growing more
insensible to those rights. In those States which have restrained or
prohibited the importation of slaves, it is only done by legislative
acts, which may be repealed. When those States find that they must, in
their national character and connexion, suffer in the disgrace, and
share in the inconveniences attendant upon that detestable and
iniquitous traffic, they may be desirous also to share in the benefits
arising from it; and the odium attending it will be greatly effaced by
the sanction which is given to it in the general government.
By the next paragraph, the general government is to have a power of
suspending the _habeas corpus act_, in cases of _rebellion_ or
_invasion_.
As the State governments have a power of suspending the habeas corpus
act in those cases, it was said, there could be no reason for giving
such a power to the general government; since, whenever the State
which is invaded, or in which an insurrection takes place, finds its
safety requires it, it will make use of that power. And it was urged,
that if we gave this power to the general government, it would be an
engine of oppression in its hands; since whenever a State should
oppose its views, however arbitrary and unconstitutional, and refuse
submission to them, the general government may declare it to be an act
of rebellion, and, suspending the habeas corpus act, may seize upon
the persons of those advocates of freedom, who have had virtue and
resolution enough to excite the opposition, and may imprison them
during its pleasure in the remotest part of the Union; so that a
citizen of Georgia might be _bastiled_ in the furthest part of New
Hampshire; or a citizen of New Hampshire in the furthest extreme of
the South, cut off from their family, their friends, and their every
connexion. These considerations induced me, sir, to give my negative
also to this clause.
EXTRACTS FROM DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION
OF THE UNITED STATES' CONSTITUTION.
* * * * *