Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Our history proves that the fathers of the Republic, in advance of all
other nations, condemned the African slave trade. It was, notwithstanding,
deemed expedient by the framers of the Constitution to deprive Congress of
the power to prohibit "the migration or importation of such persons as any
of the States now existing shall think proper to admit" "prior to the year
1808." It will be seen that this restriction on the power of Congress was
confined to such States only as might think proper to admit the importation
of slaves. It did not extend to other States or to the trade carried on
abroad. Accordingly, we find that so early as the 22d March, 1794, Congress
passed an act imposing severe penalties and punishments upon citizens and
residents of the United States who should engage in this trade between
foreign nations. The provisions of this act were extended and enforced by
the act of 10th May, 1800.
Again, the States themselves had a clear right to waive the constitutional
privilege intended for their benefit, and to prohibit by their own laws
this trade at any time they thought proper previous to 1808. Several of
them exercised this right before that period, and among them some
containing the greatest number of slaves. This gave to Congress the
immediate power to act in regard to all such States, because they
themselves had removed the constitutional barrier. Congress accordingly
passed an act on 28th February, 1803, "to prevent the importation of
certain persons into certain States where by the laws thereof their
admission is prohibited." In this manner the importation of African slaves
into the United States was to a great extent prohibited some years in
advance of 1808.
As the year 1808 approached Congress determined not to suffer this trade to
exist even for a single day after they had the power to abolish it. On the
2d of March, 1807, they passed an act, to take effect "from and after the
1st day of January, 1808," prohibiting the importation of African slaves
into the United States. This was followed by subsequent acts of a similar
character, to which I need not specially refer. Such were the principles
and such the practice of our ancestors more than fifty years ago in regard
to the African slave trade. It did not occur to the revered patriots who
had been delegates to the Convention, and afterwards became members of
Congress, that in passing these laws they had violated the Constitution
which they had framed with so much care and deliberation. They supposed
that to prohibit Congress in express terms from exercising a specified
power before an appointed day necessarily involved the right to exercise
this power after that day had arrived.
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