Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
"Under the present confederation, the States may admit the
_importation of slaves as long as they please_; but by this article,
after the year 1808, the Congress will have power to prohibit such
importation, notwithstanding the disposition of any State to the
contrary.... It is with much satisfaction I view this power in the
general government, whereby they may lay an interdiction on this
reproachful trade. But an immediate advantage is also obtained; for
a tax or duty may be imposed on such importation, not exceeding ten
dollars for each person; and this, sir, operates as a partial
prohibition. It was all that could be obtained: I am sorry it was no
more."
In Maryland, Luther Martin, in the speech before referred to, says,
speaking of this section:--
"The design of this clause is to _prevent the general government
from prohibiting the importation of slaves_; but the same reasons
which caused them to strike out the word 'national,' and not admit
the word 'stamps,' influenced them here to guard against the word
'slaves.' They anxiously sought to avoid the admission of
expressions which might be odious in the ears of Americans, although
they were willing to admit into their system those things which the
expressions signified."
Mr. Martin thus gives the well-known history of the compromise involved
in this clause:--
"This clause was the subject of a great diversity of sentiment in
the Convention. As the system was reported by the committee of
detail, the provision was general, that such importation should not
be prohibited, without confining it to any particular period. This
was rejected by eight States; Georgia, South Carolina, and, I think,
North Carolina, voting for it.
"We were then told by the delegates of the two first of those
States, that their States would never agree to a system which put it
in the power of the general government to prevent the importation of
slaves; and that they, as delegates from those States, must withhold
their assent from such a system.
Public-domain text, read in full here on John Shaqi.
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