Mr. TUCKER moved to modify the first paragraph by striking out all the
words after the word opinion, and to insert the following: that the
several memorials proposed to the consideration of this house, a
subject on which its interference would be unconstitutional, and even
its deliberations highly injurious to some of the States in the Union.
Mr. JACKSON rose and observed, that he had been silent on the subject
of the reports coming before the committee, because he wished the
principles of the resolutions to be examined fairly, and to be decided
on their true grounds. He was against the propositions generally, and
would examine the policy, the justice and the use of them, and he
hoped, if he could make them appear in the same light to others as
they did to him by fair argument, that the gentlemen in opposition
were not so determined in their opinions as not to give up their
present sentiments.
With respect to the policy of the measure, the situation of the slaves
here, their situation in their native States, and the disposal of them
in case of emancipation, should be considered. That slavery was an
evil habit, he did not mean to controvert; but that habit was already
established, and there were peculiar situations in countries which
rendered that habit necessary. Such situations the States of South
Carolina and Georgia were in--large tracts of the most fertile lands
on the continent remained uncultivated for the want of population. It
was frequently advanced on the floor of Congress, how unhealthy those
climates were, and how impossible it was for northern constitutions to
exist there. What, he asked, is to be done with this uncultivated
territory? Is it to remain a waste? Is the rice trade to be banished
from our coasts? Are Congress willing to deprive themselves of the
revenue arising from that trade, and which is daily increasing, and to
throw this great advantage into the hands of other countries?
Let us examine the use or the benefit of the resolutions contained in
the report. I call upon gentlemen to give me one single instance in
which they can be of service. They are of no use to Congress. The
powers of that body are already defined, and those powers cannot be
amended, confirmed or diminished by ten thousand resolutions. Is not
the first proposition of the report fully contained in the
Constitution? Is not that the guide and rule of this legislature. A
multiplicity of laws is reprobated in any society, and tend but to
confound and perplex. How strange would a law appear which was to
confirm a law; and how much more strange must it appear for this body
to pass resolutions to confirm the Constitution under which they sit!
This is the case with others of the resolutions.
A gentleman from Maryland (Mr. STONE,) very properly observed, that
the Union had received the different States with all their ill habits
about them. This was one of these habits established long before the
Constitution, and could not now be remedied. He begged Congress to
reflect on the number on the continent who were opposed to this
Constitution, and on the number which yet remained in the Southern
States. The violation of this compact they would seize on with
avidity; they would make a handle of it to cover their designs against
the government, and many good federalists, who would be injured by the
measure, would be induced to join them: his heart was truly federal,
and it always had been so, and he wished those designs frustrated. He
begged Congress to beware before they went too far: he called on them
to attend to the interests of two whole States, as well as to the
memorials of a society of Quakers, who came forward to blow the
trumpet of sedition, and to destroy that Constitution which they had
not in the least contributed by personal service or supply to
establish.
He seconded Mr. TUCKER'S motion.
Mr. SMITH (of S.C.) said, the gentlemen from Massachusetts, (Mr.
GERRY,) had declared that it was the opinion of the select committee,
of which he was a member, that the memorial of the Pennsylvania
society, required Congress to violate the Constitution. It was not
less astonishing to see Dr. FRANKLIN taking the lead in a business
which looks so much like a persecution of the Southern inhabitants,
when he recollected the parable he had written some time ago, with a
view of showing the impropriety of one set of men persecuting others
for a difference of opinion. The parable was to this effect: an old
traveller, hungry and weary, applied to the patriarch Abraham for a
night's lodging. In conversation, Abraham discovered that the stranger
differed with him on religious points, and turned him out of doors. In
the night God appeared unto Abraham, and said, where is the stranger?
Abraham answered, I found that he did not worship the true God, and so
I turned him out of doors. The Almighty thus rebuked the patriarch:
Have I borne with him three-score and ten years, and couldst thou not
bear with him one night? Has the Almighty, said Mr. SMITH, borne with
us for more than three-score years and ten: he has even made our
country opulent, and shed the blessings of affluence and prosperity on
our land, notwithstanding all its slaves, and must we now be ruined on
account of the tender consciences of a few scrupulous individuals who
differ from us on this point?
Mr. BOUDINOT agreed with the general doctrines of Mr. S., but could
not agree that the clause in the Constitution relating to the want of
power in Congress to prohibit the importation of such persons as any
of the States, _now existing_, shall think proper to admit, prior to
the year 1808, and authorizing a tax or duty on such importation not
exceeding ten dollars for each person, did not extend to negro slaves.
Candor required that he should acknowledge that this was the express
design of the Constitution, and therefore Congress could not interfere
in prohibiting the importation or promoting the emancipation of them,
prior to that period. Mr. BOUDINOT observed, that he was well informed
that the tax or duty of ten dollars was provided, instead of the five
per cent ad valorem, and was so expressly understood by all parties in
the Convention; that therefore it was the interest and duty of
Congress to impose this tax, or it would not be doing justice to the
States, or equalizing the duties throughout the Union. If this was not
done, merchants might bring their whole capitals into this branch of
trade, and save paying any duties whatever. Mr. BOUDINOT observed,
that the gentleman had overlooked the prophecy of St. Peter, where he
foretells that among other damnable heresies, "Through covetousness
shall they with feigned words make merchandize of you."
[NOTE.--This petition, with others of a similar object, was committed
to a select committee; that committee made a report; the report was
referred to a committee of the whole House, and discussed on four
successive days; it was then reported to the House with amendments,
and by the House ordered to be inscribed in its Journals, and then
laid on the table.
That report, as amended in committee, is in the following words:
The committee to whom were referred sundry memorials from the people
called Quakers, and also a memorial from the Pennsylvania Society for
promoting the abolition of slavery, submit the following report, (as
amended in committee of the whole.)
"First: That the migration or importation of such persons as any of
the States now existing shall think proper to admit, cannot be
prohibited by Congress prior to the year 1808."
"Secondly: That Congress have no power to interfere in the
emancipation of slaves, or in the treatment of them, within any of the
States; it remaining with the several States alone to provide any
regulations therein which humanity and true policy may require."
"Thirdly: That Congress have authority to restrain the citizens of the
United States from carrying on the African Slave trade, for the
purpose of supplying foreigners with slaves, and of providing by
proper regulations for the humane treatment, during their passage, of
slaves imported by the said citizens into the States admitting such
importations."
"Fourthly: That Congress have also authority to prohibit foreigners
from fitting out vessels in any part of the United States for
transporting persons from Africa to any foreign port."]