Art. 1, sec. 9: "The _migration or importation_ of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such _importation_, not exceeding ten dollars for each person." It is clear that this section recognizes a difference between the meaning of _migration_ and _importation_, since, if both words mean the same thing, no reason whatever can be assigned why a tax is not permitted in both cases. This difference, whatever it is, must afford a good reason why persons imported may be taxed, and persons migrating not. The true meaning of the section seems obvious. A person who migrates does so of his own accord: he cannot be said to be migrated by any other person. He is wholly a free agent. A person who is imported does not import himself, but is imported by some other person. He is passive. The importer is the free agent; the person imported is not a free agent. Thus the slave-laws of Virginia of 1748[W] and 1753[X] begin--"All _persons_ who have been or shall be _imported_," &c. &c. "_shall be_ accounted and be _slaves_." Whenever we hear an importation spoken of, we instantly infer an importer, an _owner_, and _property_ imported. This distinction between the meaning of the two words is, then, real. It affords a good reason for the restriction on the right to tax. Therefore, we say, it is the true distinction. On our construction, Congress had power to lay a tax on persons imported as property or slaves, but had no right to tax free persons migrating. By this clause, therefore, Congress was prevented, during twenty years, from prohibiting the foreign slave-trade with any State that pleased to allow it. But, by Art. 1, sec. 8, Congress had the general power "to regulate commerce with foreign nations." Consequently, _the slave-trade was excepted from the operation of the general power, with a view to place the slave-trade, during twenty years, solely under the control of the Slave States_. It could not be wholly stopped, so long as one State wished to continue it. It is a clear compromise in favor of slavery. True, the compromise was a temporary one; but it will be noticed, that Congress, even after 1808, was not obliged to prohibit the trade; and, in point of fact, until 1819 the laws of Congress authorized the States to sell into slavery, for their own benefit, negroes imported contrary to the laws of the United States! (Act Congr. 1807, c. 77, § 4, 6; 1818, c. 86, § 5 and 7; 10 Wheat. Rep. 321, 322.) So unmixed should be our satisfaction at the oft-repeated boast, that ours was the first nation to prohibit the African slave-trade!