No person held to service or labor in one State, under the laws
thereof, escaping into another, shall, in consequence of any law or
regulation therein be discharged from such service.
Mr. GEORGE MASON.--Mr. Chairman, on some former part of the
investigation of this subject, gentlemen were pleased to make some
observations on the security of property coming within this section.
It was then said, and I now say, that there is no security, nor have
gentlemen convinced me of this.
Mr. HENRY. Among ten thousand implied powers which they may assume,
they may, if we be engaged in war, liberate every one of your slaves
if they please. And this must and will be done by men, a majority of
whom have not a common interest with you. They will, therefore, have
no feeling for your interests. It has been repeatedly said here, that
the great object of a national government, was national defence. That
power which is said to be intended for security and safety, may be
rendered detestable and oppressive. If you give power to the general
government to provide for the general defence, the means must be
commensurate to the end. All the means in the possession of the people
must be given to the government which is entrusted with the public
defence. In this State there are 236,000 blacks, and there are many in
several other States. But there are few or none in the Northern
States, and yet if the Northern States shall be of opinion, that our
numbers are numberless, they may call forth every national resource.
May Congress not say, that every black man must fight? Did we not see
a little of this last war? We were not so hard pushed, as to make
emancipation general. But acts of assembly passed, that every slave
who would go to the army should be free. Another thing will contribute
to bring this event about--slavery is detested--we feel its fatal
effects--we deplore it with all the pity of humanity. Let all these
considerations, at some future period, press with full force on the
minds of Congress. Let that urbanity, which I trust will distinguish
America, and the necessity of national defence, let all these things
operate on their minds, they will search that paper, and see if they
have power of manumission. And have they not, sir? Have they not power
to provide for the general defence and welfare? May they not think
that these call for the abolition of slavery? May not they pronounce
all slaves free, and will they not be warranted by that power? There
is no ambiguous implication or logical deduction. The paper speaks to
the point. They have the power in clear, unequivocal terms; and will
clearly and certainly exercise it. As much as I deplore slavery, I see
that prudence forbids its abolition. I deny that the general
government ought to set them free, because a decided majority of the
States have not the ties of sympathy and fellow-feeling for those
whose interest would be affected by their emancipation. The majority
of Congress is to the North, and the slaves are to the South. In this
situation, I see a great deal of the property of the people of
Virginia in jeopardy, and their peace and tranquillity gone away. I
repeat it again, that it would rejoice my very soul, that every one of
my fellow-beings was emancipated. As we ought with gratitude to admire
to admire that decree of Heaven, which has numbered us among the free,
we ought to lament and deplore the necessity of holding our fellow-men
in bondage. But is it practicable by any human means, to liberate
them, without producing the most dreadful and ruinous consequences? We
ought to possess them in the manner we have inherited them from our
ancestors, as their manumission is incompatible with the felicity of
the country. But we ought to soften, as much as possible, the rigor of
their unhappy fate. I know that in a variety of particular instances,
the legislature, listening to complaints, have admitted their
emancipation. Let me not dwell on this subject. I will only add, that
this, as well as every other property of the people of Virginia, is in
jeopardy, and put in the hands of those who have no similarity of
situation with us. This is a local matter, and I can see no propriety
in subjecting it to Congress.
Have we not a right to say, _hear our propositions_? Why, sir, your
slaves have a right to make their humble requests.--Those who are in
the meanest occupations of human life, have a right to complain.
Gov. RANDOLPH. That honorable gentleman, and some others, have
insisted that the abolition of slavery will result from it, and at the
same time have complained, that it encourages its continuation. The
inconsistency proves in some degree, the futility of their arguments.
But if it be not conclusive, to satisfy the committee that there is no
danger of enfranchisement taking place, I beg leave to refer them to
the paper itself. I hope that there is none here, who, considering the
subject in the calm light of philosophy, will advance an objection
dishonorable to Virginia; that at the moment they are securing the
rights of their citizens, an objection is started that there is a
spark of hope, that those unfortunate men now held in bondage, may, by
the operation of the general government be made _free_. But if any
gentleman be terrified by this apprehension, let him read the system.
I ask, and I will ask again and again, till I be answered (not by
declamation) where is the part that has a tendency to the abolition of
slavery? Is it the clause which says, that "the migration or
importation of such persons as any of the States now existing, shall
think proper to admit, shall not be prohibited by Congress prior to
the year 1808?" This is an exception from the power of regulating
commerce, and the restriction is only to continue till 1808. Then
Congress can, by the exercise of that power, prevent future
importations; but does it affect the existing state of slavery? Were
it right here to mention what passed in Convention on the occasion, I
might tell you that the Southern States, even South Carolina herself;
conceived this property to be secure by these words. I believe,
whatever we may think here, that there was not a member of the
Virginia delegation who had the smallest suspicion of the abolition of
slavery. Go to their meaning. Point out the clause where this
formidable power of emancipation is inserted. But another clause of
the Constitution proves the absurdity of the supposition. The words of
the clause are, "No person held to service or labor in one State,
under the laws thereof, escaping into another, shall, in consequence
of any law or regulation therein, be discharged from such service or
labor; but shall be delivered up on claim of the party to whom such
service or labor may be due." Every one knows that slaves are held to
service and labor. And when authority is given to owners of slaves to
vindicate their property, can it be supposed they can be deprived of
it? If a citizen of this State, in consequence of this clause, can
take his runaway slave in Maryland, can it be seriously thought, that
after taking him and bringing him home, he could be made free?
I observed that the honorable gentleman's proposition comes in a truly
questionable shape, and is still more extraordinary and unaccountable
for another consideration; that although we went article by article
through the Constitution, and although we did not expect a general
review of the subject, (as a most comprehensive view had been taken of
it before it was regularly debated,) yet we are carried back to the
clause giving that dreadful power, for the general welfare. Pardon me
if I remind you of the true state of that business. I appeal to the
candor of the honorable gentleman, and if he thinks it an improper
appeal, I ask the gentlemen here, whether there be a general
indefinite power of providing for the general welfare? The power is,
"to lay and collect taxes, duties, imposts, and excises, to pay the
debts and provide for the common defence and general welfare." So that
they can only raise money by these means, in order to provide for the
general welfare. No man who reads it can say it is general as the
honorable gentleman represents it. You must violate every rule of
construction and common sense, if you sever it from the power of
raising money and annex it to any thing else, in order to make it that
formidable power which it is represented to be.
Mr. GEORGE MASON. Mr. Chairman, with respect to commerce and
navigation, he has given it as his opinion, that their regulation, as
it now stands, was a _sine qua non_ of the Union, and that without it,
the States in Convention would never concur. I differ from him. It
never was, nor in my opinion ever will be, a _sine qua non_ of the
Union. I will give you, to the best of my recollection, the history of
that affair. This business was discussed at Philadelphia for four
months, during which time the subject of commerce and navigation was
often under consideration; and I assert, that eight States out of
twelve, for more than three months, voted for requiring two-thirds of
the members present in each house to pass commercial and navigation
laws. True it is, that afterwards it was carried by a majority, as it
stands. If I am right, there was a great majority for requiring
two-thirds of the States in this business, till a compromise took
place between the Northern and Southern States; the Northern States
agreeing to the temporary importation of slaves, and the Southern
States conceding, in return, that navigation and commercial laws
should be on the footing on which they now stand. If I am mistaken,
let me be put right. These are my reasons for saying that this was not
a _sine qua non_ of their concurrence. The Newfoundland fisheries will
require that kind of security which we are now in want of. The Eastern
States therefore agreed at length, that treaties should require the
consent of two-thirds of the members present in the senate.
Mr. Madison. I was struck with surprise when I heard him express
himself alarmed with respect to the emancipation of slaves. Let me
ask, if they should even attempt it, if it will not be an usurpation
of power? There is no power to warrant it, in that paper. If there be,
I know it not. But why should it be done? Says the honorable
gentleman, for the general welfare--it will infuse strength into our
system. Can any member of this committee suppose, that it will
increase our strength? Can any one believe, that the American councils
will come into a measure which will strip them of their property,
discourage and alienate the affections of five-thirteenths of the
Union? Why was nothing of this sort aimed at before? I believe such an
idea never entered into an American breast, nor do I believe it ever
will, unless it will enter into the heads of those gentlemen who
substitute unsupported suspicions for reasons.
Mr. Henry. He asked me where was the power of emancipating slaves? I
say it will be implied, unless implication be prohibited. He admits
that the power of granting passports will be in the new Congress
without the insertion of this restriction--yet he can shew me nothing
like such a power granted in that Constitution. Notwithstanding he
admits their right to this power by implication, he says that I am
unfair and uncandid in my deduction, that they can emancipate our
slaves, though the word emancipation be not mentioned in it. They can
exercise power by implication in one instance, as well as in another.
Thus, by the gentleman's own argument, they can exercise the power
though it be not delegated.
Mr. Z. Johnson. They tell us that they see a progressive danger of
bringing about emancipation. The principle has begun since the
revolution. Let us do what we will, it will come round. Slavery has
been the foundation of that impiety and dissipation, which have been
so much disseminated among our countrymen. If it were totally
abolished, it would do much good.