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
It had, nevertheless, been made part of the limitations upon the
commercial power, embraced in the report of the committee of detail,
that a navigation act should require a vote of two thirds of both
branches of the legislature. The vote which adopted the prohibition
against taxes on exports, taken on the 21st of August, was followed,
on that day and the next, by an excited debate on the taxation of the
slave-trade, in which the three States of Georgia, North Carolina, and
South Carolina made the limitation upon the power of the Union over
this traffic the condition of their accepting the Constitution. This
debate was closed by the proposition of Gouverneur Morris, to refer
the whole subject to a committee of one from each State, in order
that the three matters of exports, the slave-trade, and a navigation
act might form a bargain or compromise between the Northern and the
Southern States.[224] But the prohibition against taxing exports had
already been agreed to, and there remained to be committed only the
proposed restriction against taxing or prohibiting the migration or
importation of such persons as the States might see fit to admit, the
restriction which required a capitation tax to conform to the census,
and the proposed limitation upon the power to pass a navigation act.
Thus, in effect, the questions to come before this committee were,
whether the slave-trade should be excepted from both the commercial
and revenue powers of the general government, and whether the
commercial power should be subjected to a restriction which required a
vote of two thirds in dealing with the commercial interests of the
Union.
We know very little of the deliberations of this committee; but as
each State was equally represented in it, and as the position of the
different sectional objects is quite clear, we can have no difficulty
in forming an opinion as to the motives and purposes of the settlement
which resulted from their action, or in obtaining a right estimate of
the result itself.
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