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
"Mr. Sherman (of Ct.) approved of the object of the motion; but he
did not think this bill was proper to embrace the subject. He could
not reconcile himself to the insertion of human beings, as an
article of duty, among goods, wares, and merchandise. He hoped it
would be withdrawn for the present, and taken up hereafter as an
independent subject.
* * * * *
"Mr. Schureman (of N. J.) hoped the gentleman would withdraw his
motion, because the present was not the time or place for
introducing the business; he thought it had better be brought
forward in the House, as a distinct proposition.
* * * * *
"Mr. Madison (of Va.): I cannot concur with gentlemen who think the
present an improper time or place to enter into a discussion of the
proposed motion. If it is taken up in a separate view, we shall do
the same thing, at a greater expense of time....
"I conceive the Constitution, in this particular, was formed in
order that the government, whilst it was restrained from laying a
total prohibition, might be able to give some testimony of the sense
of America with respect to the African trade. We have liberty to
impose a tax or duty upon the importation of such persons as any of
the States now existing shall think proper to admit; and this
liberty was granted, I presume, upon two considerations: the first
was, that, until the time arrived when they might abolish the
importation of slaves, they might have an opportunity of evidencing
their sentiments on the policy and humanity of such a trade; the
other was, that they might be taxed in due proportion with other
articles imported; for, if the possessor will consider them as
property, of course they are of value, and ought to be paid for."
After a very considerable discussion, in which this section of the
Constitution was referred to by various members, and the
constitutionality of Mr. Parker's motion admitted, with the advice of
Mr. Madison his colleague, Mr. Parker consented to withdraw his motion.
In 1794, "An Act to prohibit the carrying on the slave-trade from the
United States to any foreign place or country" was passed (Stat. 1794,
c. 11). In 1800, an Act in addition to the last was passed (Stat. 1800,
c. 51). That both these laws were framed with reference to this section
of the Constitution is apparent, because the latter Act expressly
refers to it. Sec. 6 reads thus, "That nothing in this Act contained
shall be construed to authorize the bringing into either of the United
States any person or persons, the importation of whom is, by the
existing laws of such State, prohibited." In 1803 (Stat. 1803, c. 63)
was passed "An Act to prevent the importation of certain persons into
certain States, where, by the laws thereof, their admission is
prohibited."
Public-domain text, read in full here on John Shaqi.
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