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

will find that it very little exceeds five per cent, ad valorem, fo that they will gain very little by having them thrown into that mais of articles, whilft by felecting them in the manner propoled, we i};all fulfil the prevailing expedaticn of our fellow citi- zens, and j)erform our duty in executing the purpofes of the conftitution. It is to be hoped, that by exprelfing a national difapprobation of this trade, we may deftroy it^, and fave ourfelves from reproaches, and our poflerity the imbecilicy ever attendant on a country filled with flaves. I do not wifli to fay any thing harfh, to the hearing of gentlemen who entertain dilferent fentiments from nie, or A. 1789. Of CONGRESS. 311 different fentiments from thofe I reprefent ; but if there is any one point in which it is clearly the policy of this na- tion, fo far as we conftitutionally can, to vary the praftice obtaining under iome of the itate governinerits it is this ; but it is certain a majority of the ftates are oppofed to this prac- tice, therefore, upon principle, we ought to difcouncenance it as far as is in our po^ver. If I was not afraid of being told that the reprefentatlves of the feveral ilates, are the bell able to judge of what is proper and conducive to their particular profperity. I ihould venture to lay that it is as much the interefl of Georgia and South-Carolina, as of any in the union. Eve- ry addition they receive to their number offlaves, tends to weaken them and renders them leis capable of felf defence ; in cafe of hoililities with foreign nations, they will be the means of inviting attack inftead of repelling invafion. It is a necelTary duty of the general government to proteft every part of the empire againtt danger, as well internal as external ; every thing therefore which tends to enereafe this danger, though it may be a local affair, yet if it involves national expence or fafcty, becomes of concern to every part of the union, and is a proper fubjecl for the confidera- tion of thofe charged with the general adminiftration of the governlTient. I hope in making thefe obfervations, I Ihall not be underftood to mean that a proper attention ought not to be paid to the local opinions and circumltances of any part of the United States, or that the particular reprefentatlves are not bed: able to judge of the fenfe of their immediate conltituents. If we examine the propofcd meafure, by the agreement there is between it, and the exift ing (late laws, it will ihew us that it is patronized by a very reipeciable part of the union. I am informed that South-Carolina has prohitcd the im- portation of llaves, for leveral years yet to come we have ; the latisfadion then of reflefting that we do nothing more than their own laws do at this moment. T'his is not the cafe with one itate. lam forry that her fituation is fuch as to feem to require a population of this nature, but it is inipoliible in the nature of things, to coufult the national good without doing what we do not wilh to do, to fome particular part. Perhaps gentlemen contend againfc (he introdutlion of the claufe, on too (light grounds, if it does not comport with the title of the bill, alter the latter, if it does not conform To the precife terms of the conllitution amend it. But if 3ii it DEBATES A. lyB^; whole bill, that perhaps will be will tend to delay the the be the beft reafon for making it the objed: of a feparate one. If this is the fenfe of the comimitee I iliail fub- mit, Mr. Gerry Thought all duties ought to be laid as equal as pofTible. He had endeavoured to inforce this principle yeirerday, but without the fdccefs he wilhed for^ he was bound by the principle of jultice therefore to vote tor the propoiition ; but if the committee were delirous of confidering the fub- jedl fully by itfelf he had no objedioii, but he thought when gentlemen laid down a principle, they ought to fup- port it generally. Mr. Bu'^KE gentlemen were contending for nothing, that the Sa:id vnlue of a flave averaged about Sol. and the duty on that lum at five per cent, would be ten dollars, as Congrefs could go nofirther than that fum, he conceived it made no difference whether they were enumerated or left in the Common mafs-. Mr. Madison; If we contend for nothing, the gentlemen v.-bo are op- pofed to us, do not contend for a great deal ; but the quelfion is, whether the rive per cent, ad valorem, on all articles imported, will have any operation at all upon the introduftion of flaves, unlefs we make a particular enuuie- ration on this account ; the collector may miltake, for he would not prefume to apply the term goods, wares, and merchand'-je to any perlbn whatloever. But if that gene- ral definition of goods, wares, and merchandize are fup- poled to include African Haves, why rnay we not particu- larly enumerate them, and lay the duty pointed out by the Conftitution, which as gentlemen tell us, is no more than five per cent, upon their value ; this will not encreafe the burthen upon any, but it will be that manifeitation of our fenfe, expected by our conftituents, and demanded by juftice and huitianity. Mr. Bland Had no doubt of the propriety or good policy of this meafure. He had made up his mind upon it, he wiJhed flaves had never been introduced into America; but if it was impodible at th"s time to cure the evil, he was very willing to join in any meafures that would prevent its ex- tending fanher He had fome doubts whether the pro- hibitory laws of the itates were not in part repe:;!ed« A. 1789. Of C O N G R E S S, 313 Thofe who had endeavoured to difcountenance this trade, by laying a duty on the importation, were prevented by the Conititution from continuing fuch regulation, which declares, that no ftate Ihall lay any iinpdfl: or duties on im- ports. If this was the cafe, and he I'ufpeded pretty ftrong- ly that it was, the necclhry of adopting tlie propofitiou of his colleague was now apparent. Mr. Sherman Said the Conflitutiun does not confider thefe perfons as a fpecies of property ; it them as perfons, and fpeaks of fays, that a tax or duty may be impofed on the importation of them into any Hate which ihail permit the fame, but they have no power to prohibit fuch importation for twenty years. But Congrel's have power to declare upon whaC terms perfons coming into the United States fliall be en- titled to citizenfliip; the rule of naturalization muft, how- ever, be uniform. He was convinced there were others ought to be regulated in this particular, the importation of whom was of an evil tendency, he meant convicts parti- cularly. He thought that fome regulation refpeifling thera was alfo proper but it beino- a different fubjeft, it ought ; to be taken up in a different manner.. Mr. Madison Was led to believe, from the cbfervaiion that had fell from the gentlemen, that it wculdbe bed to make this the fubjecT: of a diftincT: bill he therefore wiflied his colleague : would withdraw his motion, and move in the houfe for leave to bring in a bill on the fame principles. Mr. Parker Confented to withdraw his motion, under a conviflion that the houfe was fully faiisfied rf its propriety. Fe knew very well that thei'e perfons \\ ere neither goods nor wares, but they were treated as articles of merchandize. Altho' he wiihed to get rid of this part of his property, yec he fhould not confent to deprive other people ot theirs by any a<ft of his without their confent. The ccmimittee rofe, reported progrefs, and the houfe adjourned* May 14. A mefTage from the Senate, by Mr. Otis, their fecretary. Mr. Speaker — The Senate have appointed a conunittee to confer with any committee to be appointed on the pare of this houfe, and report what newfpapers the menjbers of Corgrefs (hall be furniilied with, a: the public expence. And then wiihdrew. • R r 314 DEBATES A. 1789, The petition of Archibald M'Lean, of the city of New- York, printer, was prefented to the houfe, and read, pray- ing to be employed to execute any part of the printing bufinefs of the United States, which Congrefs in their wif- dom may think proper to allot him. Alio a petition of the diftillers, in and near the city of Philadelphia, fugoeiting an opinion that a greater difference in the duties on the articles of rum and niolafles imported, than what is now propofed, would be of advantage to the interefts of the United States, and fubmitting their reafons for that opinion, to the confideration of Congrefs. Ordered, That the faid petitions do lie on the table. Ordered, That the petition of jedidiah Morfe. which lay on the table, be referred to Mr. Huntington, Mr. Cad- walader, and Mr. Contte, that they examine the matter thereof, and report the fanje with their opinion thereupon, to the houfe. Ordered, That the j>etiLion of the citizens of New-Jer- ieyj, which by on the table, be referred to the committee of eie^lions, that they do examine the niatter thereof, and report the fame with their opinion thereupon, to the houle. A petition of Engleharr Crufe, was prefented to the houfe, and read, praying that an exclulive privilege may be granted him for a term of years, to confti ucl and vend, wuhin the United States, an improved fleam engine, which he has invented, for railing of water for the purpoies of uj.'inufacfories, grid-mills, or the like. Ordered, '1 hat tiie laid petition be referred to Pvlr. Huntington, Mr. Cadwaiader, and Mr. Contee, that they do examine the niatter thereof, and report the fame with their opinion thereupon, to the houfe. The houie then refolved itleif into a committee of the whole on the import bill. Mr. Sirtith moved tcj add a claufe allowing a drav. back of ten per cent, on the duty pay^^ble on all goods im- ported in American vefiels, owned and navigated according to law, by citizens of the United States ; v. hich v>as carried in the aliir;native —^o for it, 16 againit it. The commirtee rofe, and reported the bill with amend- ents, which beinj^ agreed to by the houfe, it was ordered to be engroil'ed for a third reading — Adjourned. May 15. Mr. Eland, from the coinuiitiee appointed to confer with ;i couuiiittee of the liciiate, in preparing pro|:er iiiles to be A. 1789. Of C O N G R E S S. 315 eftabliihed between the two houfes, for the inrollnient, at-' teftation, publication, and prefervation of the acts of Con- grefs, ami to regulate the mofle of pre(enting the adclrefTes, and other acts, to the Pi-efident of the United States, made a report, which was read, and ordered to be referred to a committee of the whole houfe. Ordered, That Mr. Sylvefter, Mr. Wynkoop, and Mr- Smith (of South-Carolina) be a committee to confer with the committee appointed by the Senate, to report what newfpapers the members of Congrefs Ihall be furnifhed with at the public expence and that it be an inltru6lion to the ; laid committee, on the part of this houfe, to receive pro- pofals for printing the acts and other proceedings of Coji- grefs, and report thereupon. The feveral petitions of Francis Childs and John Swaine, and of Samuel Loudon