The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Sherman liked a description better than the terms proposed, which
had been declined by the old Cong^s & were not pleasing to some people.
M^r Clymer concurred with M^r Sherman.
M^r Williamson said that both in opinion & practice he was against
slavery; but thought it more in favor of humanity, from a view of all
circumstances, to let in S. C. & Georgia on those terms, than to exclude
them from the Union.
M^r Gov^r Morris withdrew his motion.
M^r Dickenson wished the clause to be confined to the States which had
not themselves prohibited the importation of slaves, and for that
purpose moved to amend the clause so as to read "The importation of
slaves into such of the States as shall permit the same shall not be
prohibited by the Legislature of the U. S. until the year 1808"--which
was disagreed to nem: con:[42]
[42] In the printed Journals, Con^t Virg^a & Georgia voted in
the affirmative.--Madison's Note.
The first part of the report was then agreed to, amended as follows.
"The migration or importation of such persons as the several States now
existing shall think proper to admit, shall not be prohibited by the
Legislature prior to the year 1808."
N. H. Mas. Con. M^d N. C. S. C. Geo: ay. N. J. P^a Del.
Virg^a no.
M^r Baldwin in order to restrain & more explicitly define "the average
duty" moved to strike out of the 2^d part the words "average of the
duties laid on imports" and insert "common impost on articles not
enumerated" which was agreed to nem: cont:
M^r Sherman was ag^{st} this 2^d part, as acknowledging men to be
property, by taxing them as such under the character of slaves.
M^r King & M^r Langdon considered this as the price of the 1^{st} part.
Gen^l Pinkney admitted that it was so.
Col. Mason. Not to tax, will be equivalent to a bounty on the
importation of slaves.
M^r Ghorum thought that M^r Sherman should consider the duty, not as
implying that slaves are property, but as a discouragement to the
importation of them.
M^r Gov^r Morris remarked that as the clause now stands it implies that
the Legislature may tax freemen imported.
M^r Sherman in answer to M^r Ghorum observed that the smallness of the
duty shewed revenue to be the object, not the discouragement of the
importation.
M^r Madison thought it wrong to admit in the Constitution the idea that
there could be property in men. The reason of duties did not hold, as
slaves are not like merchandize, consumed, &c.
Col. Mason (in answ^r to Gov^r Morris) the provision as it stands was
necessary for the case of convicts in order to prevent the introduction
of them.
It was finally agreed nem. contrad: to make the clause read "but a tax
or duty may be imposed on such importation not exceeding ten dollars for
each person," and then the 2^d part as amended was agreed to.
Sect 5. art. VII was agreed to nem: con: as reported.
Sect. 6. art. VII. in the Report, was postponed.
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