Amendments to the Constitution, [8 June] 1789 — reading text

be withdrawn for the pre- fcnt, and taken up hereafter as an independent fubjeft. Mr. Jackson Obferving the quarter from which this motion came, faid it did not furprize him, though it might have that effedl on others. He recoUefted that Virgmia was an old fettled ftate, and had her compliment of (laves, fo ihe was carelefs of recruiting; her numbers bv this means, the natural in- ereale of Jier imported blacks were fufficient for their pur- pofe ; but he thought gentlemen ought to let then' neigh- bours get fupplied before they impofed fuch a burthen upon the importation. He knew this bufinefs was viewed in an odious light to theeaitward, becaufe the people were capable of doing their own work, and had no occalion for flaves but gentlemen will have fome feeling for others; ; they will not try to ihrow all the weight upon others who have alliif ed in lightening their burthens j they do not wiih to charge us for every comfort and enjoyment of life, and at the {"ame time take away the n;eans of procuring them ; they do not wiOi to break us down at once. He was convinced fro:ii the inaptitude of the motion, and the want of time to confider it, that the candor of the gentleman would induce him to withdraw it for the prefent; and if ever it came forward again, he hoped it would com- prehend the white flaves as well as black, who were im- ported from all the goals of Europe ; wretches, convicled of the moil flagrant crimes, were brought in and fold without any duty whatever. He thought that they ought to be taxed equal to the Africans, and had no doubt but the conditutionality and propriety of iuch a meafure was equally apparent as the one propofecl. Mr. Tucker Thought it unfair to bring in fuch an important fubjeft at a time vvhen debate w as al:nofi: precluded. The com- mittee had gon.e through the impolt bill, and the whole A. 1789. Of C O N G R E S S. 307 union were impatiently expecting the refult of their deli- berations, the public muft be dilappointed, and much reve- nue lolt, or thisqueition cannot undergo that full difcul- fion which it defer ves. We have no right, faid he, to con(ider Vvhecher the im- portation of flaves is proper or not, the Conititution gives us no power on that point, it is left to the ifate;. to judge of that matter as they fee fit. But if it was a bulineis the gentleman was determined to difcourage he ought to have brought his motion forward fooner, and even then not have introduced it without previous notice. He hoped the com- mitte would rejici the rnotbn, if it was not withdrawn ; he was not fptakiug fo much for^the itaie he reprefented as for Georgia, becaufe the ftate of South Carolina had a prohibitory law, which could be renewed v\heiiits liiiiita- tion expired. Mr. Parker. Had ventU) td to introduce the inbjed after full delibe- ration, and did not like to ^vithdraw it. Although the gentleman fri-m ConntccMjii (Mr, Sherman) had faid, that they ought not to be eiuin tiatcd with goods, wares, and merchandize, he believed they were looked upon by the African traders in this light ; he knew it vv-as degrading the human fpecies to aniicx that character ic them ; but he would rather do this than continue the aclual evil of importing Haves a moment lorger. He hoped Congrels would do ail th.ac iay in iheir power to reitore to human nature its inherent privileges, and if pollibie wipe off the ftigma which America la'oo ed utitier. 1 he inconiiitency in our principles, v\ ith v\hkh \\ e art juiti)' charged, iliould be done away that we li'ay lt;( w by our actions the pure ; beneficence of the doc'ti-int we ht Id out to lUe world in our declaration of independeiicc. A.r. She!<Man Thought the principles of the UiOtion and the principles of the bill were inconUitent ;tiie prmcipie of the bill was to raife revenue, the principle of ilie motion to correct a moral evil. Now, conlidermg it as an object of revenue, it would be unjulf, becauie two or three itatts would bear the whole burthen, Vr-hile he believed they bore their full proportion of all the relh He was againil receiving the motion into this bill, though he had no objection to taking it up by itfelf, on the principles of humanity and policy ; and therefore would vote againli: it if it was not with- drawn. goS DEBATES Mr. Ames A. 1789, Joined the gentleman laft up, no one could fuppofe him favorable to flavery, he detelted it from his foul, but he had fome doubts whether impoling a duty on the importa- tion, would not have the appearance of countenanceing the praftice it was certainly a fubjecl of ; fome delicacy, and no one appeared to be prepared for the difcuilion, he therefore hoped the motion would be withdrawn, Mr, LlVERMORE, Was not againft the principle of the motion, but in the prefent cafe he conceived it improper, if negroes were goods wares or merchandize they came within the title of the bill, if they were not, the bill v. ould be inconliitent, but if they are goods, wares, or merchandize the 5 per pentad valorem, will embrace the importation and the du- ty of 5 per cent is nearly equal to 10 dollars per head, fo there is no occafzon to add it even on the Icore of re- nue. Mr. Jackson Said was the falhion of the day, to favor the liberty it pf flaves he would not go into a difcufiion of the fubjett, ; but he believed it was capable of demonftraticn that they were better offin their prelqnt fituation. than they would be if they were manumitted what are they to do if they ; are difcharged ? Work for a living? Experience has Ihewn us they will not. Examine what is become of thpfe in Ma- ryland, many of them have been fet free in that Hate ; did they trnu themfelves to indullry and ufeful puifits? No, they turn out common pick pockets, petty larceny villains, and is this mercy forlooth to turn ihem into a way in which they muft loofe their lives, for when they are thrown upon the world, void of property and connections, fhey cannot get their living but by pilfering. What is 10 |De done for cornpenfation ? Will Virginia fet all her ne- groes i'ice ? Will they give up the money they coft them, and to whom ? When this pradlice comes to be tried there, ifhe found of liberty will loofe thole chaj-ms which make |t grateful to the ravifiied ear. But our (laves are not in ^ worfe fituation than they were on the coaft of Africa ? it is not iincommon there for the parents to fell their chil- iiren in peace ; and in war the whole are taken and made {laves together. In thefe cafes it is only a change of one Havery for another ; and are they not better here, where ;hey have a matter bound by the ties of interelt and Jaw, \9. PfpyJde foi* the-T fupport and comfo;-t in old age, or infi^-- A. 1789. Of C O N G R E S S. 305 mity. in which, if they were free, they would fir.k under the prellure of woe for \\ant of afliftance. He would lay nothing of the partiality of fuch a tax, it was admitted by the avowed friends of the meafure ; Georgia, in particular would be opprelltd. On this ac- count it would be the mcli: odius tax Ccngrefs could imr pofe. Mr. SCHUREMAN Hoped the gentleman would withdraw his morion, be- caufe the preient was not the time or place for introducing the bufmels ; he thought it had better be brought forwarcl in the houfe, as a diltindl; propclition. If the gentleman perfifted in having the queition determined, he would move the previous queitipn if he was fiipnorted. Mr. Madison. I cannot concur with gentlemen \\ ho think the prefent an improper time or place to enter into a difcufiion of the propofed motion ; if it is taken up in a feperate view, we ihall do the fame thing at a greater expence of time. But the gentleman fay that it is improper to conned the two objeds, becaufe they do not conie within the title of the bill, but this objedtion may be obviated by accomodating the title to the contents ; there may be feme incorililtency in combining the ideas which gentlemen have expreHed, that is, confidering the human race as a fpecies of property ; but the evil does not arile from, adopting the clauie now propo- fed, it is from the importation to which it relates. Our objed in enumeratii!g perfons on paper with merchandize, is to prevent the practice oiadualiy treating them as fuch, by having them in future, forming part of the cargoes of goods, wares, and merchandize to be imported into the United States, the motion is calculated to avoid the \try evil intiiTiated by the gentleman. It has been faid that this tax will be partial and oppref- five ; but fuppofe a fair view is taken of this luhjtd, i think we may form a different conclufion. But if it be partial or oppreflive, are there nor many inflances in which we have laid taxes of this nature? yet are they not thought to be juifified by national policy ? If any article is warranted on this account, how much more are we authorifed to proceed on this occafion ? The diftates of humanity, the principles of the people, the national fafety and happinefs, and pru- dent policy requires it of us ; the corifitution has particu- larly called our attention to it— and of ail the articles con- fajned in the bili before us, this is one cf the lall I ihc'v;!^ 3IO be willing to DEBATES make a conceflion A. 1789, upon fo far as I was at liberty to go, according to the terms of the tonftitution or principles of juftice — would not have 1 it underftood that my zeal would carry me to difobey the inviolable coni- mands of either. I underftood it had been intimated, that the motion was inconliftent or unconltitutional, I believe, fir, my worthy colleague has formed the words with a particular reference to the conftitution, any how, fo far as the duty is cxprefled, it perfe6liy accords wiih that inftrunient ; if there are any inconfiftencies in it, they may be redified ; I believe the in^ tention is well underftood, but I am far from iuppofnig the didion improper. ]f the defcription of the perfons does not accord with the ideas of the gentleman from Georgia (iVlr. Jackfon) and his idea is a proper one for the com- mittee to adopt, I lee no difficulty in changing the phrafe- I conceive the conftitution in this particular, was formed in order that the government, whilft it was reftrained from laying a total prohibition, might be able to give fome tefti- mony of the fenfe of America, with refpedl to the African trade. \V e have liberty to impofe a tax or duty upon the importation of fuch perl'ons as any of the ftates now exifting ftiall think proper to admit ; and this liberty was granted, I prefumc, upon two confiderations — the firft was, that un- til the time arrived when they might abolifh the importa.^ tion offlaves,- they might have an opportunity of eviden- cing their fentiments, on the policy and humanity of fuch a trade ; the other was that they might be taxed in due proportion with other articles imported ; for if the poflelTor will confider them as property, of courfe they are of value, and ought to be paid for. If gentlemen are apprehenfive of oppreffion from the weight of the tax, let them make an eftimate of its proportion, and they