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
No satisfactory means exist for determining to what extent a
continuance of the importation of slaves was necessary, in an
economical point of view, to the States of North Carolina, South
Carolina, and Georgia. There is some reason to suppose that the
natural increase of the slave population in Virginia at that period
more than supplied her wants; and perhaps the less healthy regions of
the more southern States may have still required foreign supplies in
order to keep the lands already occupied under cultivation, or to make
new lands productive.[214] All that is historically certain on this
subject is, that the representatives of the three most southerly
States acted upon the belief, that their constituents would not
surrender the right to continue the importation of slaves, although
they might, if left to themselves, discontinue the practice at some
future time.
These declarations, however, had not been made at the time when the
principles on which the Constitution was to be framed were sent to the
committee of detail. Nothing had yet occurred in the Convention, to
make it certain that the power to import would be retained by any of
the States. The committee of detail had, therefore, so far as the
action of the Convention had gone, an unrestricted choice between a
full and a limited commercial power. They consisted of three members
from non-slaveholding and two from slaveholding States;[215] but as
one of them, Mr. Rutledge of South Carolina, was one of the persons
who subsequently announced to the Convention the position that would
be taken by his own State and by North Carolina and Georgia, there can
be no doubt that he announced the same determination in the committee.
In their report, they shaped the commercial power accordingly. They
provided that the legislature of the United States should have power
to lay and collect taxes, duties, imposts, and excises; and to
regulate commerce with foreign nations, and among the several States.
But they also reported several restrictions upon both the revenue and
commercial powers. Besides providing, in accordance with the ninth
resolution adopted by the Convention, that direct taxation should be
proportioned among the States according to the census, to be taken by
a particular rule, they added the further restrictions, that no tax or
duty should be laid by the national legislature on articles exported
from any State, nor on the migration or importation of such persons as
the several States might think proper to admit; that such migration or
importation should not be prohibited; that no capitation tax should be
laid, unless in proportion to the census; and that no navigation act
should be passed without the assent of two thirds of the members
present in each house.
Public-domain text, read in full here on John Shaqi.
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