Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
At a later day a discussion ensued on the clause touching the African
slave-trade, which reveals the definitive purposes of the Convention.
From the report of Mr. Madison we learn what was said. Oliver
Ellsworth, of Connecticut, said: "The morality or wisdom of Slavery are
considerations belonging to the States themselves."[110] According to
him, Slavery was sectional. Elbridge Gerry, of Massachusetts, "thought
we had nothing to do with the conduct of the States as to slaves, _but
ought to be careful not to give any sanction to it_."[111] According
to him, Slavery is sectional, and he would not make it national. Roger
Sherman, of Connecticut, "was opposed to a tax on slaves imported, as
making the matter worse, _because it implied they were property_."[112]
He would not have Slavery national. After debate, the subject was
referred to a committee of eleven, who reported a substitute,
authorizing "a tax or duty on such migration or importation, at a rate
_not exceeding the average of the duties laid on imports_."[113] This
language, classifying _persons_ with merchandise, seemed to imply a
recognition that they were _property_. Mr. Sherman at once declared
himself "against this part, _as acknowledging men to be property_, by
taxing them as such under the character of slaves."[114] 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."[115] Mr. Madison, in mild juridical phrase, "_thought it
wrong to admit in the Constitution the idea that there could be
property in men_."[116] After discussion it was finally agreed to make
the clause read:--
"But a tax or duty may be imposed on such importation, not
exceeding ten dollars _for each person_."[117]
[110] Madison's Debates, Aug. 21, 1787.
[111] Ibid., Aug. 22.
[112] Ibid.
[113] Ibid., Aug. 24.
[114] Ibid., Aug. 25.
[115] Ibid.
[116] Ibid.
[117] Madison's Debates, Aug. 25.
The difficulty seemed then to be removed, and the whole clause was
adopted. This record demonstrates that the word "persons" was employed
to show that slaves, everywhere under the Constitution, are always to
be regarded as _persons_, and not as _property_, and thus to exclude
from the Constitution all idea that there can be property in man.
Remember well, that Mr. Sherman was opposed to the clause in its
original form, "as acknowledging men to be _property_,"--that Mr.
Madison was also opposed to it, because he "thought it _wrong_ to
admit in the Constitution the idea that there could be property in
men,"--and that, after these objections, the clause was so amended as
to exclude the idea. But Slavery cannot be national, unless this idea
is distinctly and unequivocally admitted into the Constitution.
Public-domain text, read in full here on John Shaqi.
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