And then said:--

MR. PRESIDENT,--A tax of ten dollars on account of each slave will

give $40,000,000. And in putting the tax at ten dollars I follow the

precedent of the Constitution, which taxes slaves imported at ten

dollars. I do not disguise that on this question I have shared the

doubts of others. Of course, no tax would be tolerable which gave

any sanction to property in man; and it has been feared that a tax

on slaves might be interpreted into such sanction. This fear is not

unnatural to persons shocked by the idea of Slavery. It was early

avowed by Roger Sherman, of Connecticut, whose sensibility is recorded

by Madison in his report of the debates in the Federal Convention.

“He was opposed to a tax on slaves imported, as making the

matter worse, because it implied they were property.”[62]

Again, a few days later, when the same clause of the Constitution was

under discussion, Mr. Sherman repeated his objection, and the following

debate occurred, which seems to exhaust the argument on both sides.

“MR. SHERMAN was against this second part, as acknowledging men

to be property, by taxing them as such under the character of

slaves.

“COLONEL MASON. Not to tax will be equivalent to a bounty on

the importation of slaves.

“MR. GORHAM thought that Mr. Sherman should consider the

duty, _not as implying that slaves are property_, but as a

discouragement to the importation of them.

“MR. GOUVERNEUR MORRIS remarked, that, as the clause now

stands, it implies that the Legislature may tax freemen

imported.

“MR. SHERMAN, in answer to Mr. Gorham, observed, that the

smallness of the duty showed revenue to be the object, not the

discouragement of the importation.

“MR. MADISON thought it wrong to admit in the Constitution the

idea that there could be property in men. The reason of duties

did not hold, as slaves are not, like merchandise, consumed, &c.

“COLONEL MASON, in answer to Mr. Gouverneur Morris. The

provision, as it stands, was necessary for the case of

convicts, in order to prevent the introduction of them.”[63]

After this discussion, the clause as found in the Constitution, laying

“a tax or duty on such importation, not exceeding ten dollars for

each person,” was adopted, _nem. con._ Thus it appears that Sherman,

Morris, Franklin, and Gerry, to say nothing of Madison, all known

for opposition to Slavery, and determination to give it no sanction,

concurred in this proposition. They felt that a tax or duty, thus

arranged, was not a sanction of Slavery.

The same question is now presented to us. Clearly there can be no such

thing as property in man. The whole idea is offensive and odious.

There is no revenue, whatever be its amount, to compensate for this

recognition. Better be poor, better be pinched in means, better forego

much needed supplies, than obtain help through any such sacrifice.

But the same considerations which induced our fathers, with all their

avowed scruples, to sustain such a tax or duty, may properly influence

us.

It is the boast of the Constitution that it knows nobody as a slave.

All are “persons.” But at the same time it does not assume to interfere

with a well-known State institution by which “persons” are degraded to

be property. The condition of the slave is anomalous. He is property by

local law; he is a “person” by the Constitution. But nobody questions

the existence of Slavery. It is a monstrous _fact_, beyond reach in

the States, except through the War Power, and yet none the less a

_fact_, which taxation will only recognize, and not sanction. It is an

intolerable nuisance intrenched in State lines; but we shall not treat

it otherwise than as nuisance, when we tax it. In taxing it we do not

assume its rightfulness; we only assume its undeniable existence as a

_fact_, and nothing else.

If our tax were an encouragement, it would be clearly immoral. But

it is a discouragement. Exemption from taxation is encouragement.

Taxation is discouragement just in proportion to its extent, until, in

the progress of events, it becomes destructive. Regarding the present

question in this light, our course is plain. It is not permissible to

encourage Slavery, while every principle of economy and every sentiment

of justice and humanity urge its discouragement.

But it is said that the Constitution prohibits a capitation tax,

“unless in proportion to the census.” The tax I propose is not a

capitation tax, any more than the tax on auctioneers, or lawyers, or

jugglers, or peddlers, or slaughterers of cattle is a capitation tax.

According to lexicographers, a capitation tax is a poll tax, a tax on

each individual. Now this tax makes no pretension to be a poll tax,

or a tax on each individual. It is a tax on a person who claims the

service or labor of another for life, proportioned to the extent of his

claim. In other words, _it is a tax on a claim of property_; and when I

tax this claim, surely I do not recognize its morality, nor do I accord

to it any sanction.

If it be said, that at one time I insist the slave shall have all the

rights of “persons” under the Constitution, while I now insist that his

master shall pay a tax on his claim of property, I reply, that there

is no inconsistency, but perfect harmony. By an unquestionable rule

of interpretation, applicable to the Constitution, every word must

be construed _in favor of Liberty_, so as most to promote Liberty.

According to this rule, every presumption is in favor of Liberty. But,

while insisting upon every such presumption, it does not follow that

the counter claim shall not be taxed. Indeed, the same principle which

inclines in favor of the slave must incline also to tax the claim

of his master, so long as this claim exists in fact. Freedom is to

be enlarged in every way possible, whether by encouraging the slave

or discouraging the master. Therefore do I say fearlessly, that the

slave, whenever he appears within the national jurisdiction or before

national tribunals, is entitled to all the rights of “persons”; but the

master, who asserts this odious property, cannot claim any immunity for

it on this account. The indulgence is all for the slave, and not at

all for the master. For the slave Congress must do everything in its

power; for the master Congress must have nothing but disapprobation and

discouragement.

These are reasons that influence me, and I present them now in order

to influence those who hesitate to impose this tax, on the old idea of

Roger Sherman, that it will be a recognition of property in man. Of

course, where Senators have no such scruple, the argument for this tax

is unanswerable.

It is easy to levy.

It is profitable.

And so far as it exerts an influence, it must be a discouragement to an

offensive wrong, which is the parent of our present troubles, and the

occasion of all this taxation. It would be strange, if Slavery, after

causing our national calamity, should escape from all its consequences.

It would be strange, if Slavery, which has played the tyrant thus far

in our history, should now, like the tyrant, be so far indulged as to

escape burdens of all kinds. It shall not be by my vote.

Subsequently Mr. Sumner modified his amendment, by accepting

a substitute drawn by Mr. Simmons, of Rhode Island, in behalf

of the Finance Committee, who suggested, that “the section,

as presented by the Senator from Massachusetts, might leave

the slave liable to be sold to pay the tax, and that conflicts

about as much with the Senator’s notions as he could well have

drawn any provision to do so.” Mr. Sumner had no anxiety on

this head, and said at once:--

Perhaps the Senator and myself start from different points. I do not

think the United States can own a slave. I cannot doubt, that, if a

slave should be seized under process of the United States, he would be

taken to Freedom, and not to Slavery, for the simple reason that the

nation cannot own a slave. Therefore any special provision for this

emergency is superfluous. I rest in the conviction, that, when a slave

passes into the hands of the United States, he at once becomes free.

Mr. Sumner added, that the proposition he had presented was “in

the plainest form and fewest words,” and on this account had

merits of its own.

Mr. Collamer hoped Mr. Sumner would accept the substitute,

and thought “ten dollars a head on all ages and conditions an

unreasonable tax.”

The substitute accepted by Mr. Sumner was as follows.

“SEC.--_And be it further enacted_, That an annual tax of

five dollars shall be paid by every person or persons,

corporation, or society, for and on account of the service

or labor of every other person between the ages of ten and

sixty-five years, whose service or labor, for a term of

years or for life, is claimed to be owned by such first

mentioned person or persons, corporation, or society,

whether in a fiduciary capacity or otherwise, under and by

virtue of the laws or customs of any State; and said annual

tax shall be levied and collected of the person or persons,

corporation, or society, making such claim, and of their

goods, chattels, or lands, as is herein before provided;

but in no case shall the person or persons whose service or

labor is so claimed, or their service or labor, be sold for

the purpose of collecting said tax: _Provided_, That this

tax shall not apply to service due to parents.”[64]

Mr. Sherman, of Ohio, took the lead in answer to Mr. Sumner,

and in opposition to his amendment. After insisting that slaves

are “persons,” and that, if the amendment be adopted, “they

will be the only persons taxed under this bill,” he said:--

“If the Senator had made his argument yesterday, when

we proposed to tax cotton, a production which goes into

manufactures, what he has said would apply with great

force. Cotton is a production of slave labor solely.… All

his arguments apply to cotton as a subject of taxation; but

he convinced a majority of the Senate yesterday that it was

not expedient to tax cotton; and now he proposes to tax

slaves, and how?… With all our immense resources, we cannot

now collect it, except from the loyal people who live in

the Border States, who now recognize our flag and are

subject to our law. I am not willing to select them as the

first to bear a heavy and peculiar taxation. I believe that

the true course is to insist upon the tax on cotton.”[65]

The special points of Mr. Sherman’s opposition appear in Mr.

Sumner’s reply.

MR. PRESIDENT,--I will make one remark in reply to the Senator from

Ohio. He objects to my proposition as in the nature of a direct tax, or

poll tax. How is this? Has not the Senator voted to tax auctioneers,

lawyers, jugglers, and slaughterers of cattle, all being classes of

persons in the community?

MR. SHERMAN. To tax their employments.

MR. SUMNER. And I propose to tax the employment of the

slave-master,--that is all. It is the business of the slave-master to

make the slave work. This is his high vocation. In other words, his

business consists in using the service and labor of another. And to

this class of persons he belongs. Is it not plain? Can there be any

doubt? Look at it. He is an auctioneer of human rights, a broker of

human labor, a juggler of human sufferings and human sympathies,--I

might say a slaughterer of human hopes; and, Sir, if the Senator from

Ohio can tax auctioneer, broker, juggler, or slaughterer of cattle,

I am at a loss to understand why he cannot tax the peculiar form of

these vocations all concurring in the slave-master. He is swift to

tax the less, but hesitates to tax the greater. He can tax the petty

employment, which is not immoral or cruel; but he will not tax the

larger multiform employment, in which immorality and cruelty commingle.

But the Senator says it is a capitation or poll tax. Not, Sir, in the

sense of the Constitution. On this I stand. It is simply a tax on a

productive claim of property, or, to borrow the language of the Senator

a moment ago, on an “employment.” It is nothing but that.

The Senator thinks it improper to tax slave-masters, especially when we

have cotton for taxation; and he almost chides me, because yesterday

I was against the cotton tax, which in his judgment is most proper.

Sir, I am at a loss to find the parallel between the two cases implied

in supposing that one can be a substitute for the other. They are

unlike in every respect. Slaves and cotton belong to the same section

of country, precisely as alligators and cotton; and that is all the

parallel between them. Cotton is an agricultural product, entering into

commerce and manufactures, while the manufactures made from it are

important to all classes, but especially the poor. The question of its

taxation involves considerations of economy and policy utterly unlike

those arising on the motion to tax the claim of the slave-master. It

is difficult to see how the two taxes can be confounded. One is a tax

on an agricultural product; the other is a tax on an odious claim.

The Senator will not say that it is an acceptable claim under the

Constitution. Even if there, it is disguised under ambiguous words.

Indeed, he knows well that it is offensive and repugnant to the

conscience of good people. Shall not such a claim be taxed? Shall such

a claim be permitted to go scot-free? Shall we run about the country,

seeking class after class to visit with oppressive taxation, and,

under the lead of the Senator, excuse this largest and most offensive

class of all? I am at a loss to understand on what ground of principle

the Senator can proceed, when he proposes this special immunity. If

I use strong terms in describing slave-masters, it is because the

very language of the bill suggests them, and they are in essential

conformity with truth.

I believe I have answered the two objections made by the Senator from

Ohio. If he made any other, it has escaped my recollection.

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