Mr. Wilson wished for a commitment, in order to reduce the proportion of votes required.
Mr. Ellsworth was for taking the plan as it is. This widening of opinions had a threatening aspect. If we do not agree on this middle and moderate ground, he was afraid we should lose two States, with such others as may be disposed to stand aloof; should fly into a variety of shapes and directions, and most probably into several confederations,--and not without bloodshed.
On the question for committing Section 6, as to a navigation act, to a member from each State,--New Hampshire, Ma.s.sachusetts, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, aye--9; Connecticut, New Jersey, no--2.
The Committee appointed were Messrs. Langdon, King, Johnson, Livingston, Clymer, d.i.c.kinson, L. Martin, Madison, Williamson, C.C.
Pinckney, and Baldwin.
To this Committee were referred also the two clauses above mentioned of the fourth and fifth Sections of Article 7.--pp. 1390 to 1397.
Friday, August 24, 1787
_In Convention_,--Governor Livingston, from the committee of eleven, to whom were referred the two remaining clauses of the fourth section, and the fifth and sixth sections, of the seventh Article, delivered in the following Report:
"Strike out so much of the fourth section as was referred to the Committee, and insert, "The migration or importation of such persons as the several States, now existing, shall think proper to admit, shall not be prohibited by the Legislature prior to the year 1800; but a tax or duty may be imposed on such migration or importation, at a rate not exceeding the average of the duties laid on imports.
"The fifth Section to remain as in the Report.
The sixth Section to be stricken out."--p. 1415.
SAt.u.r.dAY, August 25, 1787.
The Report of the Committee of eleven (see Friday, the twenty-fourth), being taken up,--
Gen. PINCKNEY moved to strike out the words, "the year eighteen hundred," as the year limiting the importation of slaves; and to insert the words, "the year eighteen hundred and eight."
Mr. GORHAM seconded the motion.
Mr. MADISON. Twenty years will produce all the mischief that can be apprehended from the liberty to import slaves. So long a term will be more dishonorable to the American character, than to say nothing about it in the Const.i.tution.
On the motion, which pa.s.sed in the affirmative,--New-Hampshire, Ma.s.sachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, aye--7; New-Jersey, Pennsylvania, Delaware, Virginia, no--4.
Mr. GOUVERNEUR MORRIS was for making the clause read at once, "the importation of slaves in North Carolina, South Carolina, and Georgia, shall not be prohibited, &c." This he said, would be most fair, and would avoid the ambiguity by which, under the power with regard to naturalization, the liberty reserved to the States might be defeated.
He wished it to be known, also, that this part of the Const.i.tution was a compliance with those States. If the change of language, however, should be objected to, by the members from those States, he should not urge it.
Col. MASON was not against using the term "slaves," but against naming North Carolina, South Carolina, and Georgia, lest it should give offence to the people of those States.
Mr. SHERMAN liked a description better than the terms proposed, which had been declined by the old Congress, and were not pleasing to some people.
Mr. CLYMER concurred with Mr. SHERMAN.
Mr. WILLIAMSON said, that both in opinion and practice he was against slavery; but thought it more in favor of humanity, from a view of all circ.u.mstances, to let in South Carolina and Georgia on those terms, than to exclude them from the Union.
Mr. GOUVERNEUR MORRIS withdrew his motion.
Mr. d.i.c.kINSON wished the clause to be confined to the States which had not themselves prohibited the importation of slaves; and for that purpose moved to amend the clause, so as to read: "The importation of slaves into such of the States as shall permit the same, shall not be prohibited by the Legislature of the United States, until the year 1808;" which was disagreed to, _nem. con_.[4]
[Footnote 4: In the printed Journals, Connecticut, Virginia, and Georgia, voted in the affirmative.]
The first part of the Report was then agreed to, amended as follows: "The migration or importation of such persons as the several States now existing shall think proper to admit, shall not be prohibited by the Legislature prior to the year 1808,"--
New Hampshire, Ma.s.sachusetts, Connecticut, Maryland, North Carolina, South Carolina, Georgia, aye--7; New Jersey, Pennsylvania, Delaware, Virginia, no--4.
Mr. BALDWIN, in order to restrain and more explicitly define, "the average duty," moved to strike out of the second part the words, "average of the duties laid on imports," and insert "common impost on articles not enumerated;" which was agreed to, _nem. con_.
Mr. SHERMAN was against this second part, as acknowledging men to be property, by taxing them as such under the character of slaves.
Mr. KING and Mr. LANGDON considered this as the price of the first part. Gen. PINCKNEY admitted that it was so. Col. 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 Const.i.tution the idea that there could be property in men. The reason of duties did not hold, as slaves are not, like merchandize consumed, &c.
Col. 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.
It was finally agreed, _nem. con_., to make the clause read: "but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person;" and then the second part, as amended, was agreed to.--_pp_. 1427 to 30.
TUESDAY, August 28, 1787.
Article 14, was then taken up.[5]
[Footnote 5: Article 14 was,--The citizens of each State shall be ent.i.tled to all privileges and immunities of citizens in the several States.--EDITOR.]
General PINCKNEY was not satisfied with it. He seemed to wish some provision should be included in favor of property in slaves.
On the question on Article 14,--New Hampshire, Ma.s.sachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye--9; South Carolina, no--1; Georgia, divided.
Article 15,[6] being then taken up, the words, "high misdemeanor,"
were struck out, and the words, "other crime," inserted, in order to comprehend all proper cases; it being doubtful whether "high misdemeanor" had not a technical meaning too limited.
[Footnote 6: Article 15 was,--Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.--EDITOR.]
Mr. BUTLER and Mr. PINCKNEY moved to require "fugitive slaves and servants to be delivered up like criminals."
Mr. WILSON. This would oblige the Executive of the State to do it, at the public expense.
Mr. SHERMAN saw no more propriety in the public seizing and surrendering a slave or servant, than a horse.
Mr. BUTLER withdrew his proposition, in order that some particular provision might be made, apart from this article.
Article 15, as amended, was then agreed to, _nem. con_.--_pp_. 1447-8.