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
[221] The vote was taken (August 21) upon so much of the fourth
section of the seventh article of the reported draft, as affirmed that
"no tax or duty shall be laid by the legislature on articles exported
from any State." Massachusetts, Connecticut, Maryland, Virginia
(General Washington and Mr. Madison _no_), North Carolina, South
Carolina, Georgia, _ay_, 7; New Hampshire, New Jersey, Pennsylvania,
Delaware, _no_, 4.--If the subject had been left in this position,
exports would have been taxable by the States. The plan of restraining
the power of the States over exports was subsequently adopted, after
the compromise involving the revenue and commercial powers of the
general government had been settled.
[222] Elliot, V. 457-461.
[223] See _ante_, Vol. I. Book III. Chap. IV., on the origin and
necessity of the commercial power.
[224] Elliot, V. 460.
[225] Elliot, V. 470, 471.
[226] Two grave objections were made to this settlement respecting the
importation of slaves. Mr. Madison records himself as saying, in
answer to the motion of General Pinckney to adopt the year 1808, that
twenty years would produce all the mischief that could be apprehended
from the slave-trade, and that so long a term would be more
dishonorable to the American character, than to say nothing about it
in the Constitution. But the real question was, whether the power to
prohibit the importation at any time could be acquired for the
Constitution; and the facts show that it could have been obtained only
by the arrangement proposed and carried. The votes of seven States
against four, given for General Pinckney's motion, show the
convictions then entertained. The other objection (urged by Roger
Sherman and Mr. Madison) was, that to lay a tax upon imported slaves
implied an acknowledgment that men could be articles of property. But
it appears from the statements of other members, also recorded by
Madison, that it was part of the compromise agreed upon in committee,
that the slave-trade should be placed under the revenue power, in
consideration of its not being placed at once within the commercial
power. It also appears that the tax was made to apply to the
"_importation_ of such persons as the States might see fit to admit,"
until the year 1808, in order to include and to discourage the
introduction of convicts.
But the principal object was undoubtedly the slave-trade; and this
particular phraseology was employed, instead of speaking directly of
the importation of _slaves_ into the States of North Carolina, South
Carolina, and Georgia, in order, on the one hand, not to give offence
to those States, and on the other, to avoid offending those who
objected to the use of the word "slaves" in the Constitution. Elliot,
V. 477, 478.
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