History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
A similar question, in relation to the extent of the commercial power,
was destined to arise out of the relations of the different States to
the slave-trade. If the power to regulate commerce, that might be
conferred upon the general government, was to be universal and
unlimited, it must include the right to prohibit the importation of
slaves. If the right to sanction or tolerate the importation of
slaves, which, like all other political rights, belonged to the people
of the several States as sovereign communities, was to be retained by
them as an exception from the commercial power which they might confer
upon the national legislature, that exception must be clearly and
definitely established. For several reasons, the question was
necessarily to be met, as soon as the character and extent of the
commercial power should come into discussion. While the trade had been
prohibited by all the other States, including Virginia and Maryland,
it had only been subjected to a duty by North Carolina, and was
subjected to a similar discouragement by South Carolina and Georgia.
The basis of representation in the national legislature, in which it
had been agreed that the slaves should be included in a certain ratio,
created a strong political motive with the Northern States to obtain
for the general government a power to prevent further importations. It
was fortunate that this motive existed; for the honor and reputation
of the country were concerned to put an end to this traffic. No other
nation, it was true, had at that time abolished it; but here were the
assembled States of America, engaged in framing a Constitution of
government, that ought, if the American character was to be consistent
with the principles of the American Revolution, to go as far in the
recognition of human rights as the circumstances of their actual
situation would admit. What was practicable to be done, from
considerations of humanity, and all that could be successfully done,
was the measure of their duty as statesmen, admitted and acted upon by
the framers of the Constitution, including many of those who
represented slaveholding constituencies, as well as the
representatives of States that had either abolished both the traffic
in slaves and the institution itself, or were obviously destined to do
it.
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