Extract from a Speech of Luther Martin, (delivered before the Legislature of Maryland,) one of the delegates from Maryland to the Convention that formed the Const.i.tution of the United States.
With respect to that part of the _second_ section of the _first_ Article, which relates to the apportionment of representation and direct taxation, there were considerable objections made to it, besides the great objection of inequality--It was urged, that no principle could justify taking _slaves_ into computation in apportioning the number of _representatives_ a state should have in the government--That it involved the absurdity of increasing the power of a state in making laws for _free men_ in proportion as that State violated the rights of freedom--That it might be proper to take slaves into consideration, when _taxes_ were to be apportioned, because it had a tendency to _discourage slavery_; but to take them into account in giving representation tended to _encourage_ the _slave trade_, and to make it the _interest_ of the states to _continue_ that _infamous traffic_--That slaves could not be taken into account as _men_, or _citizens_, because they were not admitted to the _rights of citizens_, in the states which adopted or continued slavery--If they were to be taken into account as _property_, it was asked, what peculiar circ.u.mstance should render this property (of all others the most odious in its nature) ent.i.tled to the high privilege of conferring consequence and power in the government to its possessors, rather than _any other_ property: and why _slaves_ should, as property, be taken into account rather than horses, cattle, mules, or any other species; and it was observed by an honorable member from Ma.s.sachusetts, that he considered it as dishonorable and humiliating to enter into compact with the _slaves_ of the _southern states_, as it would with the _horses_ and _mules_ of the _eastern_.
By the ninth section of this Article, the importation of such persons as any of the States now existing, shall think proper to admit, shall not be prohibited prior to the year 1808, but a duty may be imposed on such importation, not exceeding ten dollars for each person.
The design of this clause is to prevent the general government from prohibiting the importation of slaves; but the same reasons which caused them to strike out the word "national," and not admit the word "stamps," influenced them here to guard against the word "_slaves_."
They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those _things_ which the expression signified; and hence it is that the clause is so worded as really to authorize the general government to impose a duty of ten dollars on every foreigner who comes into a State to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves.
This clause was the subject of a great diversity of sentiment in the Convention. As the system was reported by the committee of detail, the provision was general, that such importation should not be prohibited, without confining it to any particular period. This was rejected by eight States--Georgia, South Carolina, and, I think, North Carolina, voting for it.
We were then told by the delegates of the two first of those states, that their states would never agree to a system, which put it in the power of the general government to prevent the importation of slaves, and that they, as delegates from those states, must withhold their a.s.sent from such a system.
A committee of one member from each State was chosen by ballot, to take this part of the system under their consideration, and to endeavor to agree upon some report, which should reconcile those States. To this committee also was referred the following proposition, which had been reported by the committee of detail, to wit: "No navigation act shall be pa.s.sed without the a.s.sent of two-thirds of the members present in each house;" a proposition which the staple and commercial States were solicitous to retain, lest their commerce should be placed too much under the power of the Eastern States; but which these last States were as anxious to reject. This committee, of which also I had the honor to be a member, met and took under their consideration the subjects committed to them. I found the _eastern_ States, notwithstanding their _aversion to slavery_, were very willing to indulge the southern States, at least with a temporary liberty to prosecute the _slave trade_, provided the southern states would in their turn gratify them, by laying no restriction on navigation acts; and after a very little time, the committee, by a great majority, agreed on a report, by which the general government was to be prohibited from preventing the importation of slaves for a limited time, and the restricted clause relative to navigation acts was to be omitted.
This report was adopted by a majority of the Convention, but not without considerable opposition.
It was said, we had just a.s.sumed a place among independent nations in consequence of our opposition to the attempts of Great Britain to _enslave us_; that this opposition was grounded upon the preservation of those, rights to which G.o.d and nature had ent.i.tled us, not in _particular_, but in _common_ with all the rest of mankind; that we had appealed to the Supreme Being for his a.s.sistance, as the G.o.d of freedom, who could not but approve our efforts to preserve the _rights_ which he had thus imparted to his creatures; that now, when we had scarcely risen from our knees, from supplicating his mercy and protection in forming our government over a free people, a government formed pretendedly on the principles of liberty, and for its preservation,--in that government to have a provision not only putting it out of its power to restrain and prevent the slave trade, even encouraging that most infamous traffic, by giving the States the power and influence in the Union in proportion as they cruelly and wantonly sported with the rights of their fellow-creatures, ought to be considered as a solemn mockery of, and an insult to, that G.o.d whose protection we had then implored, and could not fail to hold us up in detestation, and render us contemptible to every true friend of liberty in the world. It was said, it ought to be considered that national crimes can only be, and frequently are, punished in this world by national punishments; and that the continuance of the slave trade, and thus giving it a national sanction, and encouragement, ought to be considered as justly exposing us to the displeasure and vengeance of him who is equally Lord of all, and who views with equal eye the poor African slave and his American master!
It was urged that by this system, we were giving the general government full and absolute power to regulate commerce, under which general power it would have a right to restrain, or totally prohibit, the slave trade: it must, therefore, appear to the world absurd and disgraceful to the last degree, that we should except from the exercise of that power, the only branch of commerce which is unjustifiable in its nature, and contrary to the rights of mankind.
That, on the contrary, we ought rather to prohibit expressly in our Const.i.tution, the further importation of slaves, and to authorize the general government, from time to time, to make such regulations as should be thought most advantageous for the gradual abolition of slavery, and the emanc.i.p.ation of the slaves which are already in the States. That slavery is inconsistent with the genius of republicanism and has a tendency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates us to tyranny and oppression. It was further urged, that, by this system of government, every State is to be protected both from foreign invasion and from domestic insurrections; from this consideration, it was of the utmost importance it should have a power to restrain the importation of slaves, since, in proportion as the number of slaves are increased in any State, in the same proportion the State is weakened and exposed to foreign invasion or domestic insurrection, and by so much less will it be able to protect itself against either, and therefore will by so the much want aid from, and be a burden to, the Union.
It was further said, that, as in this system we were giving the general government a power, under the idea of national character, or national interest, to regulate even our weights and measures, and have prohibited all possibility of emitting paper money, and pa.s.sing insolvent laws, &c., it must appear still more extraordinary, that we should prohibit the government from interfering with the slave trade, than which nothing could so materially affect both our national honor and interest.
These reasons influenced me, both on the committee and in convention, most decidedly to oppose and vote against the clause, as it now makes part of the system.
You will perceive, sir, not only that the general government is prohibited from interfering in the slave-trade before the year eighteen hundred and eight, but that there is no provision in the Const.i.tution that it shall afterwards be prohibited, nor any security that such prohibition will ever take place; and I think there is great reason to believe, that, if the importation of slaves is permitted until the year eighteen hundred and eight, it will not be prohibited afterwards. At this time, we do not generally hold this commerce in so great abhorrence as we have done. When our liberties were at stake, we warmly felt for the common rights of men. The danger being thought to be past, which threatened ourselves, we are daily growing more insensible to those rights. In those States which have restrained or prohibited the importation of slaves, it is only done by legislative acts, which may be repealed. When those States find that they must, in their national character and connexion, suffer in the disgrace, and share in the inconveniences attendant upon that detestable and iniquitous traffic, they may be desirous also to share in the benefits arising from it; and the odium attending it will be greatly effaced by the sanction which is given to it in the general government.
By the next paragraph, the general government is to have a power of suspending the _habeas corpus act_, in cases of _rebellion_ or _invasion_.
As the State governments have a power of suspending the habeas corpus act in those cases, it was said, there could be no reason for giving such a power to the general government; since, whenever the State which is invaded, or in which an insurrection takes place, finds its safety requires it, it will make use of that power. And it was urged, that if we gave this power to the general government, it would be an engine of oppression in its hands; since whenever a State should oppose its views, however arbitrary and unconst.i.tutional, and refuse submission to them, the general government may declare it to be an act of rebellion, and, suspending the habeas corpus act, may seize upon the persons of those advocates of freedom, who have had virtue and resolution enough to excite the opposition, and may imprison them during its pleasure in the remotest part of the Union; so that a citizen of Georgia might be _bastiled_ in the furthest part of New Hampshire; or a citizen of New Hampshire in the furthest extreme of the South, cut off from their family, their friends, and their every connexion. These considerations induced me, sir, to give my negative also to this clause.
EXTRACTS FROM DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE UNITED STATES" CONSt.i.tUTION.
Ma.s.sACHUSETTS CONVENTION.
The third paragraph of the 2d section being read,
Mr. King rose to explain it. There has, says he, been much misconception of this section. It is a principle of this Const.i.tution, that representation and taxation should go hand in hand. This paragraph states, that the numbers of free persons shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. These persons are the slaves. By this rule is representation and taxation to be apportioned.
And it was adopted, because it was the language of all America.
Mr. Widgery asked, if a boy of six years of age was to be considered as a free person?
Mr. King in answer said, all persons born free were to be considered as freemen; and to make the idea of _taxation by numbers_ more intelligible, said that five negro children of South Carolina, are to pay as much tax as the three Governors of New Hampshire, Ma.s.sachusetts, and Connecticut.
Mr. Gorham thought the proposed section much in favor of Ma.s.sachusetts; and if it operated against any state, it was Pennsylvania, because they have more white persons _bound_ than any other.
Judge Dana, in reply to the remark of some gentlemen, that the southern States were favored in this mode of apportionment, by having five of their negroes set against three persons in the eastern, the honorable judge observed, that the negroes of the southern States work no longer than when the eye of the driver is on them. Can, asked he, that land flourish like this, which is cultivated by the hands of freemen? Are not _three_ of these independent freemen of more real advantage to a State, than _five_ of those poor slaves?
Mr. Na.s.son remarked on the statement of the honorable Mr. King, by saying that the honorable gentleman should have gone further, and shown us the other side of the question. It is a good rule that works both ways--and the gentlemen should also have told us, that three of our infants in the cradle, are to be rated as high as five of the working negroes of Virginia. Mr. N. adverted to a statement of Mr.
King, who had said, that five negro children of South Carolina were equally rateable as three governors of New England, and wished, he said, the honorable gentleman had considered this question upon the other side--as it would then appear that this State will pay as great a tax for three children in the cradle, as any of the southern States will for five hearty working negro men. He hoped, he said, while we were making a new government, we should make it better than the old one: for if we had made a bad bargain before, as had been hinted, it was a reason why we should make a better one now.
Mr. Dawes said, he was sorry to hear so many objections raised against the paragraph under consideration. He thought them wholly unfounded; that the black inhabitants of the southern States must be considered either as slaves, and as so much property, or in the character of so many freemen; if the former, why should they not be wholly represented? Our _own_ State laws and Const.i.tution would lead us to consider those blacks as _freemen_, and so indeed would our own ideas of natural justice: if, then, they are freemen, they might form an equal basis for representation as though they were all white inhabitants. In either view, therefore, he could not see that the northern States would suffer, but directly to the contrary. He thought, however, that gentlemen would do well to connect the pa.s.sage in dispute with another article in the Const.i.tution, that permits Congress, in the year 1808, wholly to prohibit the importation of slaves, and in the mean time to impose a duty of ten dollars a head on such blacks as should be imported before that period. Besides, by the new Const.i.tution, every particular State is left to its own option totally to prohibit the introduction of slaves into its own territories. What could the convention do more? The members of the southern States, like ourselves, have _their_ prejudices. It would not do to abolish slavery, by an act of Congress, in a moment, and so destroy what our southern brethren consider as property. But we may say, that although slavery is not smitten by an apoplexy, yet it has received a mortal wound and will die of a consumption.
Mr. Neal (from Kittery,) went over the ground of objection to this section on the idea that the slave trade was allowed to be continued for 20 years. His profession, he said, obliged him to bear witness against any thing that should favor the making merchandise of the bodies of men, and unless his objection was removed, he could not put his hand to the Const.i.tution. Other gentlemen said, in addition to this idea, that there was not even a proposition that the negroes ever shall be free, and Gen. Thompson exclaimed:
Mr. President, shall it be said, that after we have established our own independence and freedom, we make slaves of others? Oh!
Washington, what a name has he had! How he has immortalized himself!
but he holds those in slavery who have a good right to be free as he has--he is still for self; and, in my opinion, his character has sunk 50 per cent.
On the other side, gentlemen said, that the step taken in this article, towards the abolition of slavery, was one of the beauties of the Const.i.tution. They observed, that in the confederation there was no provision whatever for its ever being abolished; but this Const.i.tution provides, that Congress may, after 20 years, totally annihilate the slave trade; and that, as all the States, except two, have pa.s.sed laws to this effect, it might reasonably be expected, that it would then be done. In the interim, all the States were at liberty to prohibit it.
Sat.u.r.day, January 26.--[The debate on the 9th section still continued desultory--and consisted of similar objections, and answers thereto, as had before been used. Both sides deprecated the slave trade in the most pointed terms; on one side it was pathetically lamented, by Mr.
Nason, Major Lusk, Mr. Neal, and others, that this Const.i.tution provided for the continuation of the slave trade for 20 years. On the other, the honorable Judge Dana, Mr. Adams and others, rejoiced that a door was now to be opened for the annihilation of this odious, abhorrent practice, in a certain time.]
Gen. Heath. Mr. President,--By my indisposition and absence, I have lost several important opportunities: I have lost the opportunity of expressing my sentiments with a candid freedom, on some of the paragraphs of the system, which have lain heavy on my mind. I have lost the opportunity of expressing my warm approbation on some of the paragraphs. I have lost the opportunity of hearing those judicious, enlightening and convincing arguments, which have been advanced during the investigation of the system. This is my misfortune, and I must bear it. The paragraph respecting the migration or importation of such persons as any of the States now existing shall think proper to admit, &c., is one of those considered during my absence, and I have heard nothing on the subject, save what has been mentioned this morning; but I think the gentlemen who have spoken, have carried the matter rather too far on both sides. I apprehend that it is not in our power to do any thing for or against those who are in slavery in the southern States. No gentleman within these walls detests every idea of slavery more than I do: it is generally detested by the people of this Commonwealth; and I ardently hope that the time will soon come, when our brethren in the southern States will view it as we do, and put a stop to it; but to this we have no right to compel them. Two questions naturally arise: if we ratify the Const.i.tution, shall we do any thing by our act to hold the blacks in slavery--or shall we become the partakers of other men"s sins? I think neither of them. Each State is sovereign and independent to a certain degree, and they have a right, and will regulate their own internal affairs, as to themselves appears proper; and shall we refuse to eat, or to drink, or to be united, with those who do not think, or act, just as we do? surely not. We are not in this case partakers of other men"s sins, for in nothing do we voluntarily encourage the slavery of our fellow-men; a restriction is laid on the Federal Government, which could not be avoided, and a union take place. The federal Convention went as far as they could; the migration or importation, &c., is confined to the States, now _existing only_, new States cannot claim it. Congress, by their ordinance for erecting new States, some time since, declared that the new States shall be republican, and that there shall be no slavery in them. But whether those in slavery in the southern States will be emanc.i.p.ated after the year 1808, I do not pretend to determine: I rather doubt it.
Mr. Neal rose and said, that as the Const.i.tution at large, was now under consideration, he would just remark, that the article which respected the Africans, was the one which laid on his mind--and, unless his objections to that were removed, it must, how much soever he liked the other parts of the Const.i.tution, be a sufficient reason for him to give his negative to it.
Major Lusk concurred in the idea already thrown out in the debate, that although the insertion of the amendments in the Const.i.tution was devoutly wished, yet he did not see any reason to suppose they ever would be adopted. Turning from the subject of amendments, the Major entered largely into the consideration of the 9th section, and in the most pathetic and feeling manner, described the miseries of the poor natives of Africa, who are kidnapped and sold for slaves. With the brightest colors he painted their happiness and ease on their native sh.o.r.es, and contrasted them with their wretched, miserable and unhappy condition, in a state of slavery.
Rev. Mr. Buckus. Much, sir, has been said about the importation of slaves into this country. I believe that, according to my capacity, no man abhors that wicked practice more than I do, and would gladly make use of all lawful means towards the abolishing of slavery in all parts of the land. But let us consider where we are, and what we are doing.
In the articles of confederation, no provision was made to hinder the importation of slaves into any of these States: but a door is now opened hereafter to do it; and each State is at liberty now to abolish slavery as soon as they please. And let us remember our former connexion with Great Britain, from whom many in our land think we ought not to have revolted. How did they carry on the slave trade! I know that the Bishop of Gloucester, in an annual sermon in London, in February, 1766, endeavored to justify their tyrannical claims of power over us, by casting the reproach of the slave trade upon the Americans. But at the close of the war, the Bishop of Chester, in an annual sermon, in February, 1783, ingenuously owned, that their nation is the most deeply involved in the guilt of that trade, of any nation in the world; and also, that they have treated their slaves in the West Indies worse than the French or Spaniards have done theirs. Thus slavery grows more and more odious through the world; and, as an honorable gentleman said some days ago, "Though we cannot say that slavery is struck with an apoplexy, yet we may hope it will die with a consumption." And a main source, sir, of that iniquity, hath been an abuse of the covenant of circ.u.mcision, which gave the seed of Abraham to destroy the inhabitants of Canaan, and to take their houses, vineyards, and all their estates, as their own; and also to buy and hold others as servants. And as Christian privileges are greater than those of the Hebrews were, many have imagined that they had a right to seize upon the lands of the heathen, and to destroy or enslave them as far as they could extend their power. And from thence the mystery of iniquity, carried many into the practice of making merchandise of slaves and souls of men. But all ought to remember, that when G.o.d promised the land of Canaan to Abraham and his seed, he let him know that they were not to take possession of that land, until the iniquity of the Amorites was full; and then they did it under the immediate direction of Heaven; and they were as real executors of the judgment of G.o.d upon those heathens, as any person ever was an executor of a criminal justly condemned. And in doing it they were not allowed to invade the lands of the Edomites, who sprang from Esau, who was not only of the seed of Abraham, but was born at the same birth with Israel; and yet they were not of that church. Neither were Israel allowed to invade the lands of the Moabites, or of the children of Ammon, who were of the seed of Lot. And no officer in Israel had any legislative power, but such as were immediately inspired. Even David, the man after G.o.d"s own heart, had no legislative power, but only as he was inspired from above: and he is expressly called a _prophet_ in the New Testament. And we are to remember that Abraham and his seed, for four hundred years, had no warrant to admit any strangers into that church, but by buying of him as a servant, with money. And it was a great privilege to be bought, and adopted into a religious family for seven years, and then to have their freedom. And that covenant was expressly repealed in various parts of the New Testament; and particularly in the first epistle to the Corinthians, wherein it is said--Ye are bought with a price; therefore glorify G.o.d in your body, and in your spirit, which are G.o.d"s. And again--Circ.u.mcision is nothing, and uncirc.u.mcision is nothing, but keeping of the commandments of G.o.d. Ye are bought with a price; be not ye the servants of men. Thus the gospel sets all men upon a level, very contrary to the declaration of an honorable gentleman in this house, "that the Bible was contrived for the advantage of a particular order of men."
NEW YORK CONVENTION.
Mr. Smith. He would now proceed to state his objections to the clause just read, (section 2, of article 1, clause 3.) His objections were comprised under three heads: 1st, the rule of apportionment is unjust; 2d, there is no precise number fixed on, below which the house shall not be reduced; 3d, it is inadequate. In the first place, the rule of apportionment of the representatives is to be according to the whole number of the white inhabitants, with three-fifths of all others; that is, in plain English, each State is to send representatives in proportion to the number of freemen, and three-fifths of the slaves it contains. He could not see any rule by which slaves were to be included in the ratio of representation;--the principle of a representation being that every free agent should be concerned in governing himself, it was absurd to give that power to a man who could not exercise it--slaves have no will of their own: the very operation of it was to give certain privileges to those people, who were so wicked as to keep slaves. He knew it would be admitted, that this rule of apportionment was founded on unjust principles, but that it was the result of accommodation; which, he supposed, we should be under the necessity of admitting, if we meant to be in union with the southern States, though utterly repugnant to his feelings.
Mr. Hamilton. In order that the committee may understand clearly the principles on which the General Convention acted, I think it necessary to explain some preliminary circ.u.mstances.
Sir, the natural situation of this country seems to divide its interests into different cla.s.ses. There are navigating and non-navigating States--the Northern are properly the navigating States: the Southern appear to possess neither the means; nor the spirit of navigation. This difference of situation naturally produces a dissimilarity of interest and views respecting foreign commerce. It was the interest of the Northern States that there should be no restraints on their navigation, and that they should leave full power, by a majority in Congress, to make commercial regulations in favor of their own, and in restraint of the navigation of foreigners. The Southern States wished to impose a restraint on the Northern, by requiring that two-thirds in Congress should be requisite to pa.s.s an act in regulation of commerce: they were apprehensive that the restraints of a navigation law would discourage foreigners, and by obliging them to employ the shipping of the Northern States would probably enhance their freight. This being the case, they insisted strenuously on having this provision engrafted in the const.i.tution; and the Northern States were as anxious in opposing it. On the other hand, the small States seeing themselves embraced by the confederation upon equal terms, wished to retain the advantages which they already possessed: the large States, on the contrary, thought it improper that Rhode Island and Delaware should enjoy an equal suffrage with themselves: from these sources a delicate and difficult contest arose.
It became necessary, therefore, to compromise; or the Convention must have dissolved without effecting any thing. Would it have been wise and prudent in that body, in this critical situation, to have deserted their country? No. Every man who hears me--every wise man in the United States, would have condemned them. The Convention were obliged to appoint a committee for accommodation. In this committee the arrangement was formed as it now stands; and their report was accepted. It was a delicate point; and it was necessary that all parties should be indulged. Gentlemen will see, that if there had not been a unanimity, nothing could have been done: for the Convention had no power to establish, but only to recommend a government. Any other system would have been impracticable. Let a Convention be called to-morrow--let them meet twenty times; nay, twenty thousand times; they will have the same difficulties to encounter; the same clashing interests to reconcile.
But dismissing these reflections, let us consider how far the arrangement is in itself ent.i.tled to the approbation of this body. We will examine it upon its own merits.
The first thing objected to, is that clause which allows a representation for three-fifths of the negroes. Much has been said of the impropriety of representing men, who have no will of their own.
Whether this be reasoning or declamation, I will not presume to say.
It is the unfortunate situation of the southern states, to have a great part of their population, as well as property, in blacks. The regulations complained of was one result of the spirit of accommodation, which governed the convention; and without this indulgence, no union could possibly have been formed. But, sir, considering some peculiar advantages which we derived from them, it is entirely just that they should be gratified. The southern states possess certain staples, tobacco, rice, indigo, &c., which must be capital objects in treaties of commerce with foreign nations; and the advantage which they necessarily procure in these treaties will be felt throughout all the states. But the justice of this plan will appear in another view. The best writers on government have held that representation should be compounded of persons and property. This rule has been adopted, as far as it could be, in the Const.i.tution of New-York. It will, however, by no means, be admitted, that the slaves are considered altogether as property. They are men, though degraded to the condition of slavery. They are persons known to the munic.i.p.al laws of the states which they inhabit as well as to the laws of nature. But representation and taxation go together--and one uniform rule ought to apply to both. Would it be just to compute these slaves in the a.s.sessment of taxes, and discard them from the estimate in the apportionment of representatives? Would it be just to impose a singular burthen, without conferring some adequate advantage?
Another circ.u.mstance ought to be considered. The rule we have been speaking of is a general rule, and applies to all the states. Now, you have a great number of people in your state, which are not represented at all; and have no voice in your government; these will be included in the enumeration--not two-fifths--nor three-fifths, but the whole.