But our slaves are not in a worse situation than they were on the coast of Africa; it is not uncommon there for the parents to sell their children in peace; and in war the whole are taken and made slaves together. In these cases it is only a change of one slavery for another; and are they not better here, where they have a master bound by the ties of interest and law to provide for their support and comfort in old age, or infirmity, in which, if they were free, they would sink under the pressure of woe for want of assistance.

He would say nothing of the partiality of such a tax, it was admitted by the avowed friends of the measure; Georgia in particular would be oppressed. On this account it would be the most odious tax Congress could impose.

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. If the gentleman persisted in having the question determined, he would move the previous question if he was supported.

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. But the gentlemen say that it is improper to connect the two objects, because they do not come within the title of the bill. But this objection may be obviated by accommodating the title to the contents; there may be some inconsistency in combining the ideas which gentlemen have expressed, that is, considering the human race as a species of property; but the evil does not arise from adopting the clause now proposed, it is from the importation to which it relates. Our object in enumerating persons on paper with merchandise, is to prevent the practice of actually treating them as such, by having them, in future, forming part of the cargoes of goods, wares, and merchandise to be imported into the United States. The motion is calculated to avoid the very evil intimated by the gentleman. It has been said that this tax will be partial and oppressive: but suppose a fair view is taken of this subject, I think we may form a different conclusion. But if it be partial or oppressive, are there not many instances in which we have laid taxes of this nature? Yet are they not thought to be justified by national policy? If any article is warranted on this account, how much more are we authorized to proceed on this occasion? The dictates of humanity, the principles of the people, the national safety and happiness, and prudent policy requires it of us; the constitution has particularly called our attention to it—and of all the articles contained in the bill before us, this is one of the last I should be willing to make a concession upon so far as I was at liberty to go, according to the terms of the constitution or principles of justice—I would not have it understood that my zeal would carry me to disobey the inviolable commands of either.

I understood it had been intimated, that the motion was inconsistent or unconstitutional. I believe, sir, my worthy colleague has formed the words with a particular reference to the Constitution; any how, so far as the duty is expressed, it perfectly accords with that instrument; if there are any inconsistencies in it, they may be rectified; I believe the intention is well understood, but I am far from supposing the diction improper. If the description of the persons does not accord with the ideas of the gentleman from Georgia, (Mr. JACKSON,) and his idea is a proper one for the committee to adopt, I see no difficulty in changing the phraseology.

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. If gentlemen are apprehensive of oppression from the weight of the tax, let them make an estimate of its proportion, and they will find that it very little exceeds five per cent ad valorem, so that they will gain very little by having them thrown into that mass of articles, whilst by selecting them in the manner proposed, we shall fulfil the prevailing expectation of our fellow citizens, and perform our duty in executing the purposes of the Constitution. It is to be hoped that by expressing a national disapprobation of this trade, we may destroy it, and save ourselves from reproaches, and our posterity the imbecility ever attendant on a country filled with slaves.

I do not wish to say anything harsh, to the hearing of gentlemen who entertain different sentiments from me, or different sentiments from those I represent; but if there is any one point in which it is clearly the policy of this nation, so far as we constitutionally can, to vary the practice of obtaining under some of the State governments, it is this; but it is certain a majority of the States are opposed to this practice, therefore, upon principle, we ought to discountenance it as far as is in our power.

If I was not afraid of being told that the representatives of the several States, are the best able to judge of what is proper and conducive to their particular prosperity, I should venture to say that it is as much the interest of Georgia and South Carolina, as of any in the Union. Every addition they receive to their number of slaves, tends to weaken them and renders them less capable of self defence. In case of hostilities with foreign nations, they will be the means of inviting attack instead of repelling invasion. It is a necessary duty of the general government to protect every part of the empire against danger, as well internal as external; every thing therefore which tends to increase this danger, though it may be a local affair, yet if it involves national expense or safety, becomes of concern to every part of the Union, and is a proper subject for the consideration of those charged with the general administration of the government. I hope, in making these observations, I shall not be understood to mean that a proper attention ought not to be paid to the local opinions and circumstances of any part of the United States, or that the particular representatives are not best able to judge of the sense of their immediate constituents.

If we examine the proposed measure by the agreement there is between it, and the existing State laws, it will show us that it is patronized by a very respectable part of the Union. I am informed that South Carolina has prohibited the importation of slaves for several years yet to come; we have the satisfaction then of reflecting that we do nothing more than their own laws do at this moment. This is not the case with one State. I am sorry that her situation is such as to seem to require a population of this nature, but it is impossible in the nature of things, to consult the national good without doing what we do not wish to do, to some particular part. Perhaps gentlemen contend against the introduction of the clause, on too slight grounds. If it does not conform with the title of the bill, alter the latter; if it does not conform to the precise terms of the Constitution, amend it. But if it will tend to delay the whole bill, that perhaps will be the best reason for making it the object of a separate one. If this is the sense of the committee I shall submit.

Mr. GERRY (of Mass.) thought all duties ought to be laid as equal as possible. He had endeavored to enforce this principle yesterday, but without the success he wished for, he was bound by the principles of justice therefore to vote for the proposition; but if the committee were desirous of considering the subject fully by itself, he had no objection, but he thought when gentlemen laid down a principle, they ought to support it generally.

Mr. BURKE (of S.C.) said, gentlemen were contending for nothing; that the value of a slave, averaged about L80, and the duty on that sum at five per cent, would be ten dollars, as congress could go no farther than that sum, he conceived it made no difference whether they were enumerated or left in the common mass.

Mr. MADISON, (of Va.) If we contend for nothing, the gentlemen who are opposed to us do not contend for a great deal; but the question is, whether the five per cent ad valorem, on all articles imported, will have any operation at all upon the introduction of slaves, unless we make a particular enumeration on this account; the collector may mistake, for he would not presume to apply the term goods, wares, and merchandise to any person whatsoever. But if that general definition of goods, wares and merchandise are supposed to include African Slaves, why may we not particularly enumerate them, and lay the duty pointed out by the Constitution, which, as gentlemen tell us, is no more than five per cent upon their value; this will not increase the burden upon any, but it will be that manifestation of our sense, expected by our constituents, and demanded by justice and humanity.

Mr. BLAND (of Va.) had no doubt of the propriety or good policy of this measure. He had made up his mind upon it, he wished had never been introduced into America; but if it was impossible at this time to cure the evil, he was very willing to join in any measures that would prevent its extending farther. He had some doubts whether the prohibitory laws of the States were not in part repealed. Those who had endeavored to discountenance this trade, by laying a duty on the importation, were prevented by the Constitution from continuing such regulation, which declares, that no State shall lay any impost or duties on imports. If this was the case, and he suspected pretty strongly that it was, the necessity of adopting the proposition of his colleague was now apparent.

Mr. SHERMAN (of Ct.) said, the Constitution does not consider these persons as a species of property; it speaks of them as persons, and says, that a tax or duty may be imposed on the importation of them into any State which shall permit the same, but they have no power to prohibit such importation for twenty years. But Congress have power to declare upon what terms persons coming into the United States shall be entitled to citizenship; the rule of naturalization must however be uniform. He was convinced there were others ought to be regulated in this particular, the importation of whom was of an evil tendency, he meant convicts particularly. He thought that some regulation respecting them was also proper; but it being a different subject, it ought to be taken up in a different manner.

Mr. MADISON (of Va.) was led to believe, from the observation that had fell from the gentlemen, that it would be best to make this the subject of a distinct bill: he therefore wished his colleague would withdraw his motion, and move in the house for leave to bring in a bill on the same principles.

Mr. PARKER (of Va.) consented to withdraw his motion, under a conviction that the house was fully satisfied of its propriety. He knew very well that these persons were neither goods, nor wares, but they were treated as articles of merchandise. Although he wished to get rid of this part of his property, yet he should not consent to deprive other people of theirs by any act of his without their consent.

The committee rose, reported progress, and the house adjourned.

FEBRUARY 11th, 1790.

Mr. LAWRANCE (of New York,) presented an address from the society of Friends, in the City of New York; in which they set forth their desire of co-operating with their Southern brethren.

Mr. HARTLEY (of Penn.) then moved to refer the address of the annual assembly of Friends, held at Philadelphia, to a committee; he thought it a mark of respect due so numerous and respectable a part of the community.

Mr. WHITE (of Va.) seconded the motion.

Mr. SMITH, (of S.C.) However respectable the petitioners may be, I hope gentlemen will consider that others equally respectable are opposed to the object which is aimed at, and are entitled to an opportunity of being heard before the question is determined. I flatter myself gentlemen will not press the point of commitment to-day, it being contrary to our usual mode of procedure.

Mr. FITZSIMONS (of Penn.) If we were now about to determine the final question, the observation of the gentleman from South Carolina would apply; but, sir, the present question does not touch upon the merits of the case; it is merely to refer the memorial to a committee, to consider what is proper to be done; gentlemen, therefore, who do not mean to oppose the commitment to-morrow, may as well agree to it to-day, because it will tend to save the time of the house.

Mr. JACKSON (of Geo.) wished to know why the second reading was to be contended for to-day, when it was diverting the attention of the members from the great object that was before the committee of the whole? Is it because the feelings of the Friends will be hurt, to have their affair conducted in the usual course of business? Gentlemen who advocate the second reading to-day, should respect the feelings of the members who represent that part of the Union which is principally to be affected by the measure. I believe, sir, that the latter class consists of as useful and as good citizens as the petitioners, men equally friends to the revolution, and equally susceptible of the refined sensations of humanity and benevolence. Why then should such particular attention be paid to them, for bringing forward a business of questionable policy? If Congress are disposed to interfere in the importation of slaves, they can take the subject up without advisers, because the Constitution expressly mentions all the power they can exercise on the subject.

Mr. SHERMAN (of Conn.) suggested the idea of referring it to a committee, to consist of a member from each State, because several States had already made some regulations on this subject. The sooner the subject was taken up he thought it would be the better.

Mr. PARKER, (of Va.) I hope, Mr. Speaker, the petition of these respectable people, will be attended to with all the readiness the importance of its object demands; and I cannot help expressing the pleasure I feel in finding so considerable a part of the community attending to matters of such momentous concern to the future prosperity and happiness of the people of America. I think it my duty, as a citizen of the Union, to espouse their cause; and it is incumbent upon every member of this house to sift the subject well, and ascertain what can be done to restrain a practice so nefarious. The Constitution has authorized us to levy a tax upon the importation of such persons as the States shall authorize to be admitted. I would willingly go to that extent; and if any thing further can be devised to discountenance the trade, consistent with the terms of the Constitution, I shall cheerfully give it my assent and support.

Mr. MADISON, (of Va.) The gentleman from Pennsylvania, (Mr. FITZSIMONS) has put this question on its proper ground. If gentlemen do not mean to oppose the commitment to-morrow, they may as well acquiesce in it to-day; and I apprehend gentlemen need not be alarmed at any measure it is likely Congress should take; because they will recollect, that the Constitution secures to the individual States the right of admitting, if they think proper, the importation of slaves into their own territory, for eighteen years yet unexpired; subject, however, to a tax, if Congress are disposed to impose it, of not more than ten dollars on each person.

The petition, if I mistake not, speaks of artifices used by self-interested persons to carry on this trade; and the petition from New York states a case that may require the consideration of Congress. If anything is within the Federal authority to restrain such violation of the rights of nations, and of mankind, as is supposed to be practised in some parts of the United States, it will certainly tend to the interest and honor of the community to attempt a remedy, and is a proper subject for our discussion. It may be, that foreigners take advantage of the liberty afforded them by the American trade, to employ our slipping in the slave trade between Africa and the West Indies, when they are restrained from employing their own by restrictive laws of their nation. If this is the case, is there any person of humanity that would not wish to prevent them? Another consideration why we should commit the petition is, that we may give no ground of alarm by a serious opposition, as if we were about to take measures that were unconstitutional.

Mr. STONE (of Md.) feared that if Congress took any measures, indicative of an intention to interfere with the kind of property alluded to, it would sink it in value very considerably, and might be injurious to a great number of the citizens, particularly in the Southern States.

He thought the subject was of general concern, and that the petitioners had no more right to interfere will it than any other members of the community. It was an unfortunate circumstance, that it was the property of sects to imagine they understood the rights of human nature better than all the world beside; and that they would, in consequence, be meddling with concerns in which they had nothing to do.

As the petition relates to a subject of a general nature, it ought to lie on the table, as information; he would never consent to refer petitions, unless the petitioners were exclusively interested. Suppose there was a petition to come before us from a society, praying us to be honest in our transactions, or that we should administer the Constitution according to its intention—what would you do with a petition of this kind? Certainly it would remain on your table. He would, nevertheless, not have it supposed, that the people had not a right to advise and give their opinion upon public measures; but he would not be influenced by that advice or opinion, to take up a subject sooner than the convenience of other business would admit. Unless he changed his sentiments, he would oppose the commitment.

Mr. BURKE (of S.C.) thought gentlemen were paying attention to what did not deserve it. The men in the gallery had come here to meddle in a business with which they had nothing to do; they were volunteering it in the cause of others, who neither expected nor desired it. He had a respect for the body of Quakers, but, nevertheless, he did not believe they had more virtue, or religion, than other people, nor perhaps so much, if they were examined to the bottom, notwithstanding their outward pretences. If their petition is to be noticed, Congress ought to wait till counter applications were made, and then they might have the subject more fairly before them. The rights of the Southern States ought not to be threatened, and their property endangered, to please people who were to be unaffected by the consequences.

Mr. HARTLEY (of Penn.) thought the memorialists did not deserve to be aspersed for their conduct, if influenced by motives of benignity, they solicited the Legislature of the Union to repel, as far as in their power, the increase of a licentious traffic. Nor do they merit censure, because their behavior has the appearance of more morality than other people's. But it is not for Congress to refuse to hear the applications of their fellow citizens, while those applications contain nothing unconstitutional or offensive. What is the object of the address before us? It is intended to bring before this House a subject of great importance to the cause of humanity; there are certain facts to be enquired into, and the memorialists are ready to give all the information in their power; they are waiting, at a great distance from their homes, and wish to return; if, then, it will be proper to commit the petition to-morrow, it will be equally proper to-day, for it is conformable to our practice, beside, it will tend to their conveniency.

Mr. LAWRANCE (of N.Y.) The gentleman from South Carolina says, the petitioners are of a society not known in the laws or Constitution. Sir, in all our acts, as well as in the Constitution, we have noticed this Society; or why is it that we admit them to affirm, in cases where others are called upon to swear? If we pay this attention to them, in one instance, what good reason is there for contemning them in another? I think the gentleman from Maryland (Mr. STONE,) carries his apprehensions too far, when he fears that negro-property will fall in value, by the suppression of the slave-trade; not that I suppose it immediately in the power of Congress to abolish a traffic which is a disgrace to human nature; but it appears to me, that, if the importation was crushed, the value of a slave would be increased instead of diminished; however, considerations of this kind have nothing to do with the present question; gentlemen may acquiesce in the commitment of the memorial, without pledging themselves to support its object.

Mr. JACKSON, (of Ga.) I differ much in opinion with the gentleman last up. I apprehend if, through the interference of the general government, the slave trade was abolished, it would evince to the people a disposition toward a total emancipation, and they would hold their property in jeopardy. Any extraordinary attention of Congress to this petition may have, in some degree, a similar effect. I would beg to ask those, then, who are so desirous of freeing the negroes, if they have funds sufficient to pay for them? If they have, they may come forward on that business with some propriety; but, if they have not, they should keep themselves quiet, and not interfere with a business in which they are not interested. They may as well come forward, and solicit Congress to interdict the West India trade, because it is injurious to the morals of mankind; from thence we import rum, which has a debasing influence upon the consumer. But, sir, is the whole morality of the United States confined to the Quakers? Are they the only people whose feelings are to be consulted on this occasion? Is it to them we owe our present happiness? Was it they who formed the Constitution? Did they, by their arms, or contributions, establish our independence? I believe they were generally opposed to that measure. Why, then, on their application, shall we injure men, who, at the risk of their lives and fortunes, secured to the community their liberty and property? If Congress pay any uncommon degree of attention to their petition, it will furnish just ground of alarm to the Southern States. But, why do these men set themselves up, in such a particular manner, against slavery? Do they understand the rights of mankind, and the disposition of Providence better than others? If they were to consult that Book which claims our regard, they will find that slavery is not only allowed, but commended. Their Saviour, who possessed more benevolence and commiseration than they pretend to, has allowed of it. And if they fully examine the subject, they will find that slavery has been no novel doctrine since the days of Cain. But be these things as they may, I hope the House will order the petition to lie on the table, in order to prevent alarming our Southern brethren.

Mr. SEDGWICK, (of Mass.) If it was a serious question, whether the Memorial should be committed or not, I would not urge it at this time; but that cannot be a question for a moment, if we consider our relative situation with the people. A number of men,—who are certainly very respectable, and of whom, as a society, it may be said with truth, that they conform their moral conduct to their religious tenets, as much as any people in the whole community,—come forward and tell you, that you may effect two objects by the exercise of a Constitutional authority which will give great satisfaction; on the one hand you may acquire revenue, and on the other, restrain a practice productive of great evil. Now, setting aside the religious motives which influenced their application, have they not a right, as citizens, to give their opinion of public measures? For my part I do not apprehend that any State, or any considerable number of individuals in any State, will be seriously alarmed at the commitment of the petition, from a fear that Congress intend to exercise an unconstitutional authority, in order to violate their rights; I believe there is not a wish of the kind entertained by any member of this body. How can gentlemen hesitate then to pay that respect to a memorial which it is entitled to, according to the ordinary mode of procedure in business? Why shall we defer doing that till to-morrow, which we can do to-day? for the result, I apprehend, will be the same in either case.

Mr. Smith, (of S.C.) The question, I apprehend, is, whether we will take the petition up for a second reading, and not whether it shall be committed? Now, I oppose this, because it is contrary to our usual practice, and does not allow gentlemen time to consider of the merits of the prayer; perhaps some gentlemen may think it improper to commit it to so large a committee as has been mentioned; a variety of causes may be supposed to show that such a hasty decision is improper; perhaps the prayer of it is improper. If I understood it right, on its first reading, though, to be sure, I did not comprehend perfectly all that the petition contained, it prays that we should take measures for the abolition of the slave trade; this is desiring an unconstitutional act, because the constitution secures that trade to the States, independent of congressional restrictions, for the term of twenty-one years. If, therefore, it prays for a violation of constitutional rights, it ought to be rejected, as an attempt upon the virtue and patriotism of the house.

Mr. BOUDINOT, (of N.J.) It has been said that the Quakers have no right to interfere in this business; I am surprised to hear this doctrine advanced, after it has been so lately contended, and settled, that the people have a right to assemble and petition for redress of grievances; it is not because the petition comes from the society of Quakers that I am in favor of the commitment, but because it comes from citizens of the United States, who are as equally concerned in the welfare and happiness of their country as others. There certainly is no foundation for the apprehensions which seem to prevail in gentlemen's minds. If the petitioners were so uninformed: as to suppose that Congress could be guilty of a violation of the Constitution, yet, I trust we know our duty better than to be led astray by an application from any man, or set of men whatever. I do not consider the merits of the main question to be before us; it will be time enough to give our opinions upon that, when the committee have reported. If it is in our power, by recommendation, or any other way, to put a stop to the slave trade in America, I do not doubt of its policy; but how far the Constitution will authorize us to attempt to depress it, will be a question well worthy of our consideration.

Mr. SHERMAN (of Conn.) observed, that the petitioners from New York, stated that they had applied to the legislature of that State, to prohibit certain practices which they conceived to be improper, and which tended to injure the well-being of the community; that the legislature had considered the application, but had applied no remedy, because they supposed that power was exclusively vested in the general government, under the Constitution of the United States; it would, therefore, be proper to commit that petition, in order to ascertain what were the powers of the general government, in the case doubted by the legislature of New York.

Mr. GERRY (of Mass.) thought gentlemen were out of order in entering upon the merits of the main question at this time, when they were considering the expediency of committing the petition; he should, therefore, not follow them further in that track than barely to observe, that it was the right of the citizens to apply for redress, in every case they conceived themselves aggrieved in; and it was the duty of Congress to afford redress as far as is in their power. That their Southern brethren had been betrayed into the slave trade by the first settlers, was to be lamented; they were not to be reflected on for not viewing this subject in a different light, the prejudice of education is eradicated with difficulty; but he thought nothing would excuse the general government for not exerting itself to prevent, as far as they constitutionally could, the evils resulting from such enormities as were alluded to by the petitioners; and the same considerations induced him highly to commend the part the society of Friends had taken; it was the cause of humanity they had interested themselves in, and he wished, with them, to see measures pursued by every nation, to wipe off the indelible stain which the slave trade had brought upon all who were concerned in it.

Mr. MADISON (of Va.) thought the question before the committee was no otherwise important than as gentlemen made it so by their serious opposition. Did they permit the commitment of the Memorial, as a matter of course, no notice would be taken of it out of doors; it could never be blown up into a decision of the question respecting the discouragement of the African slave trade, nor alarm the owners with an apprehension that the general government were about to abolish slavery in all the States; such things are not contemplated by any gentleman; but, to appearance, they decide the question more against themselves than would be the case if it was determined on its real merits, because gentlemen may be disposed to vote for the commitment of a petition, without any intention of supporting the prayer of it.

Mr. WHITE (of Va.) would not have seconded the motion, if he had thought it would have brought on a lengthy debate. He conceived that a business of this kind ought to be decided without much discussion; it had constantly been the practice of the house, and he did not suppose there was any reason for a deviation.

Mr. PAGE (of Va.) said, if the memorial had been presented by any individual, instead of the respectable body it was, he should have voted in favor of a commitment, because it was the duty of the legislature to attend to subjects brought before them by their constituents; if, upon inquiry, it was discovered to be improper to comply with the prayer of the petitioners, he would say so, and they would be satisfied.

Mr. STONE (of Md.) thought the business ought to be left to take its usual course; by the rules of the house, it was expressly declared, that petitions, memorials, and other papers, addressed to the house, should not be debated or decided on the day they were first read.

Mr. BALDWIN (of Ga.) felt at a loss to account why precipitation was used on this occasion, contrary to the customary usage of the house; he had not heard a single reason advanced in favor of it. To be sure it was said the petitioners are a respectable body of men—he did not deny it—but, certainly, gentlemen did not suppose they were paying respect to them, or to the house, when they urged such a hasty procedure; anyhow it was contrary to his idea of respect, and the idea the house had always expressed, when they had important subjects under consideration; and, therefore, he should be against the motion. He was afraid that there was really a little volunteering in this business, as it had been termed by the gentleman from Georgia.

Mr. HUNTINGTON (of Conn.) considered the petitioners as much disinterested as any person in the United States; he was persuaded they had an aversion to slavery; yet they were not singular in this, others had the same; and he hoped when Congress took up the subject, they would go as far as possible to prohibit the evil complained of. But he thought that would better be done by considering it in the light of revenue. When the committee of the whole, on the finance business, came to the ways and means, it might properly be taken into consideration, without giving any ground for alarm.

Mr. TUCKER, (of S.C.) I have no doubt on my mind respecting what ought to be done on this occasion; so far from committing the memorial, we ought to dismiss it without further notice. What is the purport of the memorial? It is plainly this; to reprobate a particular kind of commerce, in a moral view, and to request the interposition of Congress to effect its abrogation. But Congress have no authority, under the constitution, to do more than lay a duty of ten dollars upon each person imported; and this is a political consideration, not arising from either religion or morality, and is the only principle upon which we can proceed to take it up. But what effect do these men suppose will arise from their exertions? Will a duty of ten dollars diminish the importation? Will the treatment be better than usual? I apprehend it will not, nay, it may be worse. Because an interference with the subject may excite a great degree of restlessness in the minds of those it is intended to serve, and that may be a cause for the masters to use more rigor towards them, than they would otherwise exert; so that these men seem to overshoot their object. But if they will endeavor to procure the abolition of the slave trade, let them prefer their petitions to the State legislatures, who alone have the power of forbidding the importation; I believe their applications there would be improper; but if they are any where proper, it is there. I look upon the address then to be ill-judged, however good the intention of the framers.

Mr. SMITH (of S.C.) claimed it as a right, that the petition should lay over till to-morrow.

Mr. BOUDINOT (of N.J.) said it was not unusual to commit petitions on the day they were presented; and the rules of the house admitted the practice, by the qualification which followed the positive order, that petitions should not be decided on the day they were first read, "unless where the house shall direct otherwise."

Mr. SMITH (of S.C.) declared his intention of calling the yeas and nays, if gentlemen persisted in pressing the question.

Mr. CLYMER (of Penn.) hoped the motion would be withdrawn for the present, and the business taken up in course to-morrow; because, though he respected the memorialists, he also respected order and the situation of the members.

Mr. FITZSIMONS (of Penn.) did not recollect whether he moved or seconded the motion, but if he had, he should not withdraw it on account of the threat of calling the yeas and nays.

Mr. BALDWIN (of Ga.) hoped the business would be conducted with temper and moderation, and that gentlemen would concede and pass the subject over for a day at least.

Mr. SMITH (of S.C.) had no idea of holding out a threat to any gentleman. If the declaration of an intention to call the yeas and nays was viewed by gentlemen in that light, he would withdraw that call.

Mr. WHITE (of Va.) hereupon withdrew his motion. And the address was ordered to lie on the table.

FEBRUARY 12th, 1790.

The following memorial was presented and read:

"To the Senate and House of Representatives of the United States: The memorial of the Pennsylvania Society for promoting the abolition of slavery, the relief of free negroes unlawfully held in bondage, and the improvement of the condition of the African race, respectfully showeth: That from a regard for the happiness of mankind, an association was formed several years since in this State, by a number of her citizens, of various religious denominations, for promoting the abolition of slavery, and for the relief of those unlawfully held in bondage. A just and acute conception of the true principles of liberty, as it spread through the land, produced accessions to their numbers, many friends to their cause, and a legislative cooperation with their views, which, by the blessing of Divine Providence, have been successfully directed to the relieving from bondage a large number of their fellow creatures of the African race. They have also the satisfaction to observe, that, in consequence of that spirit of philanthropy and genuine liberty which is generally diffusing its beneficial influence, similar institutions are forming at home and abroad. That mankind are all formed by the same Almighty Being, alike objects of his care, and equally designed for the enjoyment of happiness, the Christian religion teaches us to believe, and the political creed of Americans fully coincides with the position. Your memorialists, particularly engaged in attending to the distresses arising from slavery, believe it their indispensable duty to present this subject to your notice. They have observed with real satisfaction, that many important and salutary powers are vested in you for 'promoting the welfare and securing the blessings of liberty to the people of the United States;' and as they conceive, that these blessings ought rightfully to be administered without distinction of color, to all descriptions of people, so they indulge themselves in the pleasing expectation, that nothing which can be done for the relief of the unhappy objects of their care, will be either omitted or delayed. From a persuasion that equal liberty was originally the portion, and is still the birth-right of all men, and influenced by the strong ties of humanity and the principles of their institution, your memorialists conceived themselves bound to use all justifiable endeavors to loosen the bands of slavery, and promote a general enjoyment of the blessings of freedom. Under these impressions, they earnestly entreat your serious attention to the subject of slavery; that you will be pleased to countenance the restoration of liberty to those unhappy men, who alone, in this land of freedom, are degraded into perpetual bondage, and who, amidst the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice towards this distressed race, and that you will step to the very verge of the power vested in you, for discouraging every species of traffic in the persons of our fellow-men.

"BENJAMIN FRANKLIN, President.

"PHILADELPHIA, February 3, 1790."

Mr. HARTLEY (of Penn.) then called up the memorial presented yesterday, from the annual meeting of Friends at Philadelphia, for a second reading; whereupon the same was read a second time, and moved to be committed.

Mr. TUCKER (of S.C.) was sorry the petition had a second reading, as he conceived it contained an unconstitutional request, and from that consideration he wished it thrown aside. He feared the commitment of it would be a very alarming circumstance to the Southern States; for if the object was to engage Congress in an unconstitutional measure, it would be considered as an interference with their rights, the people would become very uneasy under the government, and lament that they ever put additional powers into their hands. He was surprised to see another memorial on the same subject, and that signed by a man who ought to have known the constitution better. He thought it a mischievous attempt, as it respected the persons in whose favor it was intended. It would buoy them up with hopes, without a foundation, and as they could not reason on the subject, as more enlightened men would, they might be led to do what they would be punished for, and the owners of them, in their own defence, would be compelled to exercise over them a severity they were not accustomed to. Do these men expect a general emancipation of slaves by law? This would never be submitted to by the Southern States without a civil war. Do they mean to purchase their freedom? He believed their money would fall short of the price. But how is it they are more concerned in this business than others? Are they the only persons who possess religion and morality? If the people are not so exemplary, certainly they will admit the clergy are; why then do we not find them uniting in a body, praying us to adopt measures for the promotion of religion and piety, or any moral object? They know it would be an improper interference; and to say the best of this memorial, it is an act of imprudence, which he hoped would receive no countenance from the house.

Mr. SENEY (of Md.) denied that there was anything unconstitutional in the memorial, at least, if there was, it had escaped his attention, and he should be obliged to the gentleman to point it out. Its only object was, that congress should exercise their constitutional authority, to abate the horrors of slavery, as far as they could: Indeed, he considered that all altercation on the subject of commitment was at an end, as the house had impliedly determined yesterday that it should be committed.

Mr. BURKE (of S.C.) saw the disposition of the house, and he feared it would be referred to a committee, maugre all their opposition; but he must insist that it prayed for an unconstitutional measure. Did it not desire congress to interfere and abolish the slave trade, while the constitution expressly stipulated that congress should exercise no such power? He was certain the commitment would sound an alarm, and blow the trumpet of sedition in the Southern States. He was sorry to see the petitioners paid more attention to than the constitution; however, he would do his duty, and oppose the business totally; and if it was referred to a committee, as mentioned yesterday, consisting of a member from each State, and he was appointed, he would decline serving.

Mr. SCOTT, (of Penn.) I can't entertain a doubt but the memorial is strictly agreeable to the constitution: it respects a part of the duty particularly assigned to us by that instrument, and I hope we may, be inclined to take it into consideration. We can, at present, lay our hands upon a small duty of ten dollars. I would take this, and if it is all we can do, we must be content. But I am sorry that the framers of the constitution did not go farther and enable us to interdict it for good and all; for I look upon the slave-trade to be one of the most abominable things on earth; and if there was neither God nor devil, I should oppose it upon the principles of humanity and the law of nature. I cannot, for my part, conceive how any person can be said to acquire a property in another; is it by virtue of conquest? What are the rights of conquest? Some have dared to advance this monstrous principle, that the conqueror is absolute master of his conquest; that he may dispose of it as his property, and treat it as he pleases; but enough of those who reduce men to the state of transferable goods, or use them like beasts of burden; who deliver them up as the property or patrimony of another man. Let us argue on principles countenanced by reason and becoming humanity; the petitioners view the subject in a religious light, but I do not stand in need of religious motives to induce me to reprobate the traffic in human flesh; other considerations weigh with me to support the commitment of the memorial, and to support every constitutional measure likely to bring about its total abolition. Perhaps, in our legislative capacity, we can go no further than to impose a duty of ten dollars, but I do not know how far I might go, if I was one of the judges of the United States, and those people were to come before me and claim their emancipation; but I am sure I would go as far as I could.

Mr. JACKSON (of Ga.) differed with the gentleman last up, and supposed the master had a qualified property in his slave; he said the contrary doctrine would go to the destruction of every species of personal service. The gentleman said he did not stand in need of religion to induce him to reprobate slavery, but if he is guided by that evidence, which the Christian system is founded upon, he will find that religion is not against it; he will see, from Genesis to Revelation, the current setting strong that way. There never was a government on the face of the earth, but what permitted slavery. The purest sons of freedom in the Grecian republics, the citizens of Athens and Lacedaemon all held slaves. On this principle the nations of Europe are associated; it is the basis of the feudal system. But suppose all this to have been wrong, let me ask the gentleman, if it is policy to bring forward a business at this moment, likely to light up a flame of civil discord, for the people of the Southern States will resist one tyranny as soon as another; the other parts of the continent may bear them down by force of arms, but they will never suffer themselves to be divested of their property without a struggle. The gentleman says, if he was a federal judge, he does not know to what length he would go in emancipating these people; but, I believe his judgment would be of short duration in Georgia; perhaps even the existence of such a judge might be in danger.

Mr. SHERMAN (of Conn.) could see no difficulty in committing the memorial; because it was probable the committee would understand their business, and perhaps they might bring in such a report as would be satisfactory to gentlemen on both sides of the House.

Mr. BALDWIN (of Ga.) was sorry the subject had ever been brought before Congress, because it was of a delicate nature, as it respected some of the States. Gentlemen who had been present at the formation of this Constitution, could not avoid the recollection of the pain and difficulty which the subject caused in that body; the members from the Southern States were so tender upon this point, that they had well nigh broken up without coming to any determination; however, from the extreme desire of preserving the Union, and obtaining an efficient government, they were induced mutually, to concede, and the Constitution jealously guarded what they agreed to. If gentlemen look over the footsteps of that body, they will find the greatest degree of caution used to imprint them, so as not to be easily eradicated; but the moment we go to jostle on that ground, said he, I fear we shall feel it tremble under our feet. Congress have no power to interfere with the importation of slaves, beyond what is given in the 9th section of the first article of the Constitution; every thing else is interdicted to them in the strongest terms. If we examine the Constitution, we shall find the expressions, relative to this subject, cautiously expressed, and more punctiliously guarded than any other part. "The migration or importation of such persons, shall not be prohibited by Congress." But lest this should not have secured the object sufficiently, it is declared in the same section, "That no capitation or direct tax shall be laid, unless in proportion to the census;" this was intended to prevent Congress from laying any special tax upon negro slaves, as they might, in this way, so burthen the possessors of them, as to induce a general emancipation. If we go on to the 5th article, we shall find the 1st and 5th clauses of the 9th section of the 1st article restrained from being altered before the year 1808.

Gentlemen have said, that this petition does not pray for an abolition of the slave-trade; I think, sir, it prays for nothing else, and therefore we have no more to do with it, than if it prayed us to establish an order of nobility, or a national religion.

Mr. SYLVESTER (of N.Y.) said that he had always been in the habit of respecting the society called Quakers; he respected them for their exertions in the cause of humanity, but he thought the present was not a time to enter into a consideration of the subject, especially as he conceived it to be a business in the province of the State legislatures.

Mr. LAWRANCE (of N.Y.) observed that the subject would undoubtedly come under the consideration of the house; and he thought, that as it was now before them, that the present time was as proper as any; he was therefore for committing the memorial; and when the prayer of it had been properly examined, they could see how far Congress may constitutionally interfere; as they knew the limits of their power on this, as well as on every other occasion, there was no just apprehension to be entertained that they would go beyond them. Mr. Smith (of S.C.) insisted that it was not in the power of the House to brunt the prayer of the petition, which event to the total abolishment of the slave-trade, and it was therefore unnecessary to commit it. He observed, that in the Southern States, difficulties had arisen on adopting the Constitution, inasmuch as it was apprehended, that Congress might take measures under it for abolishing the slave-trade.

Perhaps the petitioners, when they applied to this House, did not think their object unconstitutional, but now they are told that if is, they will be satisfied with the answer, and press it no further. If their object had been for Congress to lay a duty of ten dollars per head on the importation of slaves, they would have said so, but that does not appear to have been the case; the commitment of the petition, on that ground, cannot be contended; if they will not be content with that, shall it be committed to investigate facts? The petition speaks of none; for what purpose then shall it be committed? If gentlemen can assign no good reason for the measure, they will not support it, when they are told that it will create great jealousies and alarm in the Southern States; for I can assure them, that there is no point on which they are more jealous and suspicious, than on a business with which they think the government has nothing to do.

When we entered into this Confederacy, we did it from political, not from moral motives, and I do not think my constituents want to learn morals from the petitioners; I do not believe they want improvement in their moral system; if they do, they can get it at home.

The gentleman from Georgia, has justly stated the jealousy of the Southern States. On entering into this government, they apprehended that the other States, not knowing the necessity the citizens of the Southern States were under to hold this species of property, would, from motives of humanity and benevolence, be led to vote for a general emancipation; and had they not seen that the Constitution provided against the effect of such a disposition, I may be bold to say, they never would have adopted it. And notwithstanding all the calumny's with which some gentlemen have viewed the subject, they will find, that the discussion alone will create great alarm. We have been told, that if the discussion will create alarm, we ought to have avoided it, by saying nothing; but it was not for that purpose that we were sent here; we look upon this measure as an attack upon the palladium of the property of our country; it is therefore our duty to oppose it by every means in our power. Gentlemen should consider that when we entered into a political connexion with the other States, that this property was there; it was acquired under a former government, conformably to the laws and Constitution; therefore anything that will tend to deprive them of that property, must be an ex post facto law, and as such is forbid by our political compact.

I said the States would never have entered into the confederation, unless their property had been guaranteed to them, for such is the state of agriculture in that county, that without slaves it must be depopulated. Why will these people then make use of arguments to induce the slave to turn his hand against his master? We labor under difficulties enough from the ravages of the late war. A gentleman can hardly come from that country, with a servant or two, either to this place or Philadelphia, but what there are persons trying to seduce his servants to leave him; and, when they have done this, the poor wretches are obliged to rob their master in order to obtain a subsistence; all those, therefore, who are concerned in this seduction, are accessaries to the robbery.

The reproaches which they cast upon the owners of negro property, is charging them with the want of humanity; I believe the proprietors are persons of as much humanity as any part of the continent and are as conspicuous for their good morals as their neighbors. It was said yesterday, that the Quakers were a society known to the laws, and the Constitution, but they are no more so than other religious societies; they stood exactly in the same situation; their memorial, therefore, relates to a matter in which they are no more interested than any other sect, and can only be considered as a piece of advice; it is customary to refer a piece of advice to a committee, but if it is supposed to pray for what they think a moral purpose, is that sufficient to induce us to commit it? What may appear a moral virtue in their eyes, may not be so in reality. I have heard of a sect of Shaking Quakers, who, I presume, suppose their tenets of a moral tendency; I am informed one of them forbids to intermarry, yet in consequence of their shakings and concussions, you may see them with a numerous offspring about them. Now, if these people were to petition Congress to pass a law prohibiting matrimony, I ask, would gentlemen agree to refer such a petition? I think if they would reject one of that nature, as improper, they ought also to reject this.

Mr. PAGE (of Va.) was in favor of the commitment; he hoped that the designs of the respectable memorialists would not be stopped at the threshold, in order to preclude a fair discussion of the prayer of the memorial. He observed that gentlemen had founded their arguments upon a misrepresentation; for the object of the memorial was not declared to be the total abolition, of the slave trade; but that Congress would consider, whether it be not in reality within their power to exercise justice and mercy, which, if adhered to, they cannot doubt must produce the abolition of the slave trade. If then the prayer contained nothing unconstitutional, he trusted the meritorious effort would not be frustrated. With respect to the alarm that was apprehended, he conjectured there was none; but there might be just cause, if the memorial was not taken into consideration. He placed himself in the case of a slave, and said, that on hearing that Congress had refused to listen to the decent suggestions of a respectable part of the community, he should infer, that the general government (from which was expected great good would result to every class of citizens) had shut their ears against the voice of humanity, and he should despair of any alleviation of the miseries he and his posterity had in prospect; if anything could induce him to rebel, it must be a stroke like this, impressing on his mind all the horrors of despair. But if he was told, that application was made in his behalf and that Congress were willing to hear what could be urged in favor of discouraging the practice of importing his fellow-wretches, he would trust in their justice and humanity, and wait the decision patiently. He presumed that these unfortunate people would reason in the same way; and he, therefore, conceived the most likely way to prevent danger, was to commit the petition. He lived in a State which had the misfortune of having in her bosom a great number of slaves, he held many of them himself, and was as much interested in the business, he believed, as any gentleman in South Carolina or Georgia, yet, if he was determined to hold them in eternal bondage, he should feel no uneasiness or alarm on account of the present measure, because he should rely upon the virtue of Congress, that they would not exercise any unconstitutional authority.

Mr. MADISON (of Va.) The debate has taken a serious turn, and it will be owing to this alone if an alarm is created; for had the memorial been treated in the usual way, it would have been considered as a matter of course, and a report might have been made, so as to have given general satisfaction.

If there was the slightest tendency by the commitment to break in upon the Constitution, he would object to it; but he did not see upon what ground such an event was to be apprehended. The petition prayed, in general terms, for the interference of Congress, so far as they were constitutionally authorized; but even if its prayer was, in some degree, unconstitutional, it might be committed, as was the case on Mr. Churchman's petition, one part of which was supposed to apply for an unconstitutional interference by the general government.

He admitted that Congress was restricted by the Constitution from taking measures to abolish the slave trade; yet there were a variety of ways by which they could countenance the abolition, and they might make some regulations respecting the introduction of them into the new States, to be formed out of the Western Territory, different from what they could in the old settled States. He thought the object well worthy of consideration.

Mr. GERRY (of Mass.) thought the interference of Congress fully compatible with the Constitution, and could not help lamenting the miseries to which the natives of Africa were exposed by this inhuman commerce; and said that he never contemplated the subject, without reflecting what his own feelings would be, in case himself, his children, or friends, were placed in the same deplorable circumstances. He then adverted to the flagrant acts of cruelty which are committed in carrying on that traffic; and asked whether it can be supposed, that Congress has no power to prevent such transactions? He then referred to the Constitution, and pointed out the restrictions laid on the general government respecting the importation of slaves. It was not, he presumed, in the contemplation of any gentleman in this house to violate that part of the Constitution; but that we have a right to regulate this business, is as clear as that we have any rights whatever; nor has the contrary been shown by any person who has spoken on the occasion. Congress can, agreeable to the Constitution, lay a duty of ten dollars on imported slaves; they may do this immediately. He made a calculation of the value of the slaves in the Southern States, and supposed they might be worth ten millions of dollars; Congress have a right, if they see proper, to make a proposal to the Southern States to purchase the whole of them, and their resources in the Western Territory may furnish them with means. He did not intend to suggest a measure of this kind, he only instanced these particulars, to show that Congress certainly have a right to intermeddle in the business. He thought that no objection had been offered, of any force, to prevent the commitment of the memorial.

Mr. BOUDINOT (of N.J.) had carefully examined the petition, and found nothing like what was complained of by gentlemen, contained in it; he, therefore, hoped they would withdraw their opposition, and suffer it to be committed.

Mr. SMITH (of S.C.) said, that as the petitioners had particularly prayed Congress to take measures for the annihilation of the slave trade, and that was admitted on all hands to be beyond their power, and as the petitioners would not be gratified by a tax of ten dollars per head, which was all that was within their power, there was, of consequence, no occasion for committing it.

Mr. STONE (of Md.) thought this memorial a thing of course; for there never was a society, of any considerable extent, which did not interfere with the concerns of other people, and this kind of interference, whenever it has happened, has never failed to deluge the country in blood: on this principle he was opposed to the commitment.

The question on the commitment being about to be put, the yeas and nays were called for, and are as follows:—

Yeas.—Messrs. Ames, Benson, Boudinot, Brown, Cadwallader, Clymer, Fitzsimons, Floyd, Foster, Gale, Gerry, Gilman, Goodhue, Griffin, Grout, Hartley, Hathorne, Heister, Huntington, Lawrance, Lee, Leonard, Livermore, Madison, Moore, Muhlenberg, Page, Parker, Partridge, Renssellaer, Schureman, Scott, Sedgwick, Seney, Sherman, Sinnickson, Smith of Maryland, Sturges, Thatcher, Trumbull, Wadsworth, White, and Wynkoop—93.

Noes.—Messrs. Baldwin, Bland, Bourke, Coles, Huger, Jackson, Mathews, Sylvester, Smith of S.C., Stone, and Tucker—11.

Whereupon it was determined in the affirmative; and on motion, the petition of the Society of Friends, at New York, and the memorial from the Pennsylvania Society, for the abolition of slavery, were also referred to a committee.



Debate on Committee's Report, March 1790.

ELIOT'S DEBATES.

Mr. TUCKER moved to modify the first paragraph by striking out all the words after the word opinion, and to insert the following: that the several memorials proposed to the consideration of this house, a subject on which its interference would be unconstitutional, and even its deliberations highly injurious to some of the States in the Union.

Mr. JACKSON rose and observed, that he had been silent on the subject of the reports coming before the committee, because he wished the principles of the resolutions to be examined fairly, and to be decided on their true grounds. He was against the propositions generally, and would examine the policy, the justice and the use of them, and he hoped, if he could make them appear in the same light to others as they did to him by fair argument, that the gentlemen in opposition were not so determined in their opinions as not to give up their present sentiments.

With respect to the policy of the measure, the situation of the slaves here, their situation in their native States, and the disposal of them in case of emancipation, should be considered. That slavery was an evil habit, he did not mean to controvert; but that habit was already established, and there were peculiar situations in countries which rendered that habit necessary. Such situations the States of South Carolina and Georgia were in—large tracts of the most fertile lands on the continent remained uncultivated for the want of population. It was frequently advanced on the floor of Congress, how unhealthy those climates were, and how impossible it was for northern constitutions to exist there. What, he asked, is to be done with this uncultivated territory? Is it to remain a waste? Is the rice trade to be banished from our coasts? Are Congress willing to deprive themselves of the revenue arising from that trade, and which is daily increasing, and to throw this great advantage into the hands of other countries?

Let us examine the use or the benefit of the resolutions contained in the report. I call upon gentlemen to give me one single instance in which they can be of service. They are of no use to Congress. The powers of that body are already defined, and those powers cannot be amended, confirmed or diminished by ten thousand resolutions. Is not the first proposition of the report fully contained in the Constitution? Is not that the guide and rule of this legislature. A multiplicity of laws is reprobated in any society, and tend but to confound and perplex. How strange would a law appear which was to confirm a law; and how much more strange must it appear for this body to pass resolutions to confirm the Constitution under which they sit! This is the case with others of the resolutions.

A gentleman from Maryland (Mr. STONE,) very properly observed, that the Union had received the different States with all their ill habits about them. This was one of these habits established long before the Constitution, and could not now be remedied. He begged Congress to reflect on the number on the continent who were opposed to this Constitution, and on the number which yet remained in the Southern States. The violation of this compact they would seize on with avidity; they would make a handle of it to cover their designs against the government, and many good federalists, who would be injured by the measure, would be induced to join them: his heart was truly federal, and it always had been so, and he wished those designs frustrated. He begged Congress to beware before they went too far: he called on them to attend to the interests of two whole States, as well as to the memorials of a society of Quakers, who came forward to blow the trumpet of sedition, and to destroy that Constitution which they had not in the least contributed by personal service or supply to establish.

He seconded Mr. TUCKER'S motion.

Mr. SMITH (of S.C.) said, the gentlemen from Massachusetts, (Mr. GERRY,) had declared that it was the opinion of the select committee, of which he was a member, that the memorial of the Pennsylvania society, required Congress to violate the Constitution. It was not less astonishing to see Dr. FRANKLIN taking the lead in a business which looks so much like a persecution of the Southern inhabitants, when he recollected the parable he had written some time ago, with a view of showing the impropriety of one set of men persecuting others for a difference of opinion. The parable was to this effect: an old traveller, hungry and weary, applied to the patriarch Abraham for a night's lodging. In conversation, Abraham discovered that the stranger differed with him on religious points, and turned him out of doors. In the night God appeared unto Abraham, and said, where is the stranger? Abraham answered, I found that he did not worship the true God, and so I turned him out of doors. The Almighty thus rebuked the patriarch: Have I borne with him three-score and ten years, and couldst thou not bear with him one night? Has the Almighty, said Mr. SMITH, borne with us for more than three-score years and ten: he has even made our country opulent, and shed the blessings of affluence and prosperity on our land, notwithstanding all its slaves, and must we now be ruined on account of the tender consciences of a few scrupulous individuals who differ from us on this point?

Mr. BOUDINOT agreed with the general doctrines of Mr. S., but could not agree that the clause in the Constitution relating to the want of power in Congress to prohibit the importation of such persons as any of the States, now existing, shall think proper to admit, prior to the year 1808, and authorizing a tax or duty on such importation not exceeding ten dollars for each person, did not extend to negro slaves. Candor required that he should acknowledge that this was the express design of the Constitution, and therefore Congress could not interfere in prohibiting the importation or promoting the emancipation of them, prior to that period. Mr. BOUDINOT observed, that he was well informed that the tax or duty of ten dollars was provided, instead of the five per cent ad valorem, and was so expressly understood by all parties in the Convention; that therefore it was the interest and duty of Congress to impose this tax, or it would not be doing justice to the States, or equalizing the duties throughout the Union. If this was not done, merchants might bring their whole capitals into this branch of trade, and save paying any duties whatever. Mr. BOUDINOT observed, that the gentleman had overlooked the prophecy of St. Peter, where he foretells that among other damnable heresies, "Through covetousness shall they with feigned words make merchandize of you."

[NOTE.—This petition, with others of a similar object, was committed to a select committee; that committee made a report; the report was referred to a committee of the whole House, and discussed on four successive days; it was then reported to the House with amendments, and by the House ordered to be inscribed in its Journals, and then laid on the table.

That report, as amended in committee, is in the following words:

The committee to whom were referred sundry memorials from the people called Quakers, and also a memorial from the Pennsylvania Society for promoting the abolition of slavery, submit the following report, (as amended in committee of the whole.)

"First: That the migration or importation of such persons as any of the States now existing shall think proper to admit, cannot be prohibited by Congress prior to the year 1808."

"Secondly: That Congress have no power to interfere in the emancipation of slaves, or in the treatment of them, within any of the States; it remaining with the several States alone to provide any regulations therein which humanity and true policy may require."

"Thirdly: That Congress have authority to restrain the citizens of the United States from carrying on the African Slave trade, for the purpose of supplying foreigners with slaves, and of providing by proper regulations for the humane treatment, during their passage, of slaves imported by the said citizens into the States admitting such importations."

"Fourthly: That Congress have also authority to prohibit foreigners from fitting out vessels in any part of the United States for transporting persons from Africa to any foreign port."]



ADDRESS

OF THE

EXECUTIVE COMMITTEE

OF

THE AMERICAN ANTI-SLAVERY SOCIETY

TO THE

Friends of Freedom and Emancipation in the U. States.

At the Tenth Anniversary of the American Anti-Slavery Society, held in the city of New-York, May 7th, 1844,—after grave deliberation, and a long and earnest discussion,—it was decided, by a vote of nearly three to one of the members present, that fidelity to the cause of human freedom, hatred of oppression, sympathy for those who are held in chains and slavery in this republic, and allegiance to God, require that the existing national compact should be instantly dissolved; that secession from the government is a religious and political duty; that the motto inscribed on the banner of Freedom should be, NO UNION WITH SLAVEHOLDERS; that it is impracticable for tyrants and the enemies of tyranny to coalesce and legislate together for the preservation of human rights, or the promotion of the interests of Liberty; and that revolutionary ground should be occupied by all those who abhor the thought of doing evil that good may come, and who do not mean to compromise the principles of Justice and Humanity.

A decision involving such momentous consequences, so well calculated to startle the public mind, so hostile to the established order of things, demands of us, as the official representatives of the American Society, a statement of the reasons which led to it. This is due not only to the Society, but also to the country and the world.

It is declared by the American people to be a self-evident truth, "that all men are created equal; that they are endowed BY THEIR CREATOR with certain inalienable rights; that among these are life, LIBERTY, and the pursuit of happiness." It is further maintained by them, that "all governments derive their just powers from the consent of the governed;" that "whenever any form of government becomes destructive of human rights, it is the right of the people to alter or to abolish it, and institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." These doctrines the patriots of 1776 sealed with their blood. They would not brook even the menace of oppression. They held that there should be no delay in resisting, at whatever cost or peril, the first encroachments of power on their liberties. Appealing to the great Ruler of the universe for the rectitude of their course, they pledged to each other "their lives, their fortunes and their sacred honor," to conquer or perish in their struggle to be free.

For the example which they set to all people subjected to a despotic sway, and the sacrifices which they made, their descendants cherish their memories with gratitude, reverence their virtues, honor their deeds, and glory in their triumphs.

It is not necessary, therefore, for us to prove that a state of slavery is incompatible with the dictates of reason and humanity; or that it is lawful to throw off a government which is at war with the sacred rights of mankind.

We regard this as indeed a solemn crisis, which requires of every man sobriety of thought, prophetic forecast, independent judgment, invincible determination, and a sound heart. A revolutionary step is one that should not be taken hastily, nor followed under the influence of impulsive imitation. To know what spirit they are of—whether they have counted the cost of the warfare—what are the principles they advocate—and how they are to achieve their object—is the first duty of revolutionists.

But, while circumspection and prudence are excellent qualities in every great emergency, they become the allies of tyranny whenever they restrain prompt, bold and decisive action against it.

We charge upon the present national compact, that it was formed at the expense of human liberty, by a profligate surrender of principle, and to this hour is cemented with human blood.

We charge upon the American Constitution, that it contains provisions, and enjoins duties, which make it unlawful for freemen to take the oath of allegiance to it, because they are expressly designed to favor a slaveholding oligarchy, and, consequently, to make one portion of the people a prey to another.

We charge upon the existing national government, that it is an insupportable despotism, wielded by a power which is superior to all legal and constitutional restraints—equally indisposed and unable to protect the lives or liberties of the people—the prop and safeguard of American slavery.

These charges we proceed briefly to establish:

1. It is admitted by all men of intelligence,—or if it be denied in any quarter, the records of our national history settle the question beyond doubt,—that the American Union was effected by a guilty compromise between the free and slaveholding States; in other words, by immolating the colored population on the altar of slavery, by depriving the North of equal rights and privileges, and by incorporating the slave system into the government. In the expressive and pertinent language of scripture, it was "a covenant with death, and an agreement with hell"—null and void before God, from the first hour of its inception—the framers of which were recreant to duty, and the supporters of which are equally guilty.

It was pleaded at the time of the adoption, it is pleaded now, that, without such a compromise there could have been no union; that, without union, the colonies would have become an easy prey to the mother country; and, hence, that it was an act of necessity, deplorable indeed when viewed alone, but absolutely indispensable to the safety of the republic.

To this we reply: The plea is as profligate as the act was tyrannical. It is the jesuitical doctrine, that the end sanctifies the means. It is a confession of sin, but the denial of any guilt in its perpetration. It is at war with the government of God, and subversive of the foundations of morality. It is to make lies our refuge, and under falsehood to hide ourselves, so that we may escape the overflowing scourge. "Therefore, thus saith the Lord God, Judgment will I lay to the line, and righteousness to the plummet; and the hail shall sweep away the refuge of lies, and the waters shall overflow the hiding place." Moreover, "because ye trust in oppression and perverseness, and stay thereon; therefore this iniquity shall be to you as a breach ready to fall, swelling out in a high wall, whose breaking cometh suddenly at an instant. And he shall break it as the breaking of the potter's vessel that is broken in pieces; he shall not spare."

This plea is sufficiently broad to cover all the oppression and villainy that the sun has witnessed in his circuit, since God said, "Let there be light." It assumes that to be practicable, which is impossible, namely, that there can be freedom with slavery, union with injustice, and safety with bloodguiltiness. A union of virtue with pollution is the triumph of licentiousness. A partnership between right and wrong, is wholly wrong. A compromise of the principles of Justice, is the deification of crime.

Better that the American Union had never been formed, than that it should have been obtained at such a frightful cost! If they were guilty who fashioned it, but who could not foresee all its frightful consequences, how much more guilty are they, who, in full view of all that has resulted from it, clamor for its perpetuity! If it was sinful at the commencement, to adopt it on the ground of escaping a greater evil, is it not equally sinful to swear to support it for the same reason, or until, in process of time, it be purged from its corruption?

The fact is, the compromise alluded to, instead of effecting a union, rendered it impracticable; unless by the term union we are to understand the absolute reign of the slaveholding power over the whole country, to the prostration of Northern rights. In the just use of words, the American Union is and always has been a sham—an imposture. It is an instrument of oppression unsurpassed in the criminal history of the world. How then can it be innocently sustained? It is not certain, it is not even probable, that if it had not been adopted, the mother country would have reconquered the colonies. The spirit that would have chosen danger in preference to crime,—to perish with justice rather than live with dishonor,—to dare and suffer whatever might betide, rather than sacrifice the rights of one human being,—could never have been subjugated by any mortal power. Surely it is paying a poor tribute to the valor and devotion of our revolutionary fathers in the cause of liberty, to say that, if they had sternly refused to sacrifice their principles, they would have fallen an easy prey to the despotic power of England.

II. The American Constitution is the exponent of the national compact. We affirm that it is an instrument which no man can innocently bind himself to support, because its anti-republican and anti-Christian requirements are explicit and peremptory; at least, so explicit that, in regard to all the clauses pertaining to slavery, they have been uniformly understood and enforced in the same way, by all the courts and by all the people; and so peremptory, that no individual interpretation or authority can set them aside with impunity. It is not a ball of clay, to be moulded into any shape that party contrivance or caprice may choose it to assume. It is not a form of words, to be interpreted in any manner, or to any extent, or for the accomplishment of any purpose, that individuals in office under it may determine. It means precisely what those who framed and adopted it meant—NOTHING MORE, NOTHING LESS, as a matter of bargain and compromise. Even if it can be construed to mean something else, without violence to its language, such construction is not to be tolerated against the wishes of either party. No just or honest use of it can be made, in opposition to the plain intention of its framers, except to declare the contract at an end, and to refuse to serve under it.

To the argument, that the words "slaves" and "slavery" are not to be found in the Constitution, and therefore that it was never intended to give any protection or countenance to the slave system, it is sufficient to reply, that though no such words are contained in that instrument, other words were used intelligently and specifically, TO MEET THE NECESSITIES OF SLAVERY; and that these were adopted in good faith, to be observed until a constitutional change could be effected. On this point, as to the design of certain provisions, no intelligent man can honestly entertain a doubt. If it be objected, that though these provisions were meant to cover slavery, yet, as they can fairly be interpreted to mean something exactly the reverse, it is allowable to give to them such an interpretation, especially as the cause of freedom will thereby be promoted—we reply, that this is to advocate fraud and violence toward one of the contracting parties, whose co-operation was secured only by an express agreement and understanding between them both, in regard to the clauses alluded to; and that such a construction, if enforced by pains and penalties, would unquestionably lead to a civil war, in which the aggrieved party would justly claim to have been betrayed, and robbed of their constitutional rights.

Again, if it be said, that those clauses, being immoral, are null and void—we reply, it is true they are not to be observed; but it is also true that they are portions of an instrument, the support of which, AS A WHOLE, is required by oath or affirmation; and, therefore, because they are immoral, and BECAUSE OF THIS OBLIGATION TO ENFORCE IMMORALITY, no one can innocently swear to support the Constitution.

Again, if it be objected, that the Constitution was formed by the people of the United States, in order to establish justice, to promote the general welfare, and secure the blessings of liberty to themselves and their posterity; and therefore, it is to be so construed as to harmonize with these objects; we reply, again, that its language is not to be interpreted in a sense which neither of the contracting parties understood, and which would frustrate every design of their alliance—to wit, union at the expense of the colored population of the country. Moreover, nothing is more certain than that the preamble alluded to never included, in the minds of those who framed it, those who were then pining in bondage—for, in that case, a general emancipation of the slaves would have instantly been proclaimed throughout the United States. The words, "secure the blessings of liberty to ourselves and our posterity," assuredly meant only the white population. "To promote the general welfare," referred to their own welfare exclusively. "To establish justice," was understood to be for their sole benefit as slaveholders, and the guilty abettors of slavery. This is demonstrated by other parts of the same instrument, and by their own practice under it.

We would not detract aught from what is justly their due; but it is as reprehensible to give them credit for what they did not possess, as it is to rob them of what is theirs. It is absurd, it is false, it is an insult to the common sense of mankind, to pretend that the Constitution was intended to embrace the entire population of the country under its sheltering wings; or that the parties to it were actuated by a sense of justice and the spirit of impartial liberty; or that it needs no alteration, but only a new interpretation, to make it harmonize with the object aimed at by its adoption. As truly might it be argued, that because it is asserted in the Declaration of Independence, that all men are created equal, and endowed with an inalienable right to liberty, therefore none of its signers were slaveholders, and since its adoption, slavery has been banished from the American soil! The truth is, our fathers were intent on securing liberty to themselves, without being very scrupulous as to the means they used to accomplish their purpose. They were not actuated by the spirit of universal philanthropy; and though in words they recognized occasionally the brotherhood of the human race, in practice they continually denied it. They did not blush to enslave a portion of their fellow-men, and to buy and sell them as cattle in the market, while they were fighting against the oppression of the mother country, and boasting of their regard for the rights of man. Why, then, concede to them virtues which they did not possess? Why cling to the falsehood, that they were no respecters of persons in the formation of the government?

Alas! that they had no more fear of God, no more regard for man, in their hearts! "The iniquity of the house of Israel and Judah [the North and South] is exceeding great, and the land is full of blood, and the city full of perverseness; for they say, the Lord hath forsaken the earth, and the Lord seeth not."

We proceed to a critical examination of the American Constitution, in its relations to slavery.

In ARTICLE 1, Section 9, it is declared—"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."

In this Section, it will be perceived, the phraseology is so guarded as not to imply, ex necessitate, any criminal intent or inhuman arrangement; and yet no one has ever had the hardihood or folly to deny, that it was clearly understood by the contracting parties, to mean that there should be no interference with the African slave trade, on the part of the general government, until the year 1808. For twenty years after the adoption of the Constitution, the citizens of the United States were to be encouraged and protected in the prosecution of that infernal traffic—in sacking and burning the hamlets of Africa—in slaughtering multitudes of the inoffensive natives on the soil, kidnapping and enslaving a still greater proportion, crowding them to suffocation in the holds of the slave ships, populating the Atlantic with their dead bodies, and subjecting the wretched survivors to all the horrors of unmitigated bondage! This awful covenant was strictly fulfilled; and though, since its termination, Congress has declared the foreign slave traffic to be piracy, yet all Christendom knows that the American flag, instead of being the terror of the African slavers, has given them the most ample protection.

The manner in which the 9th Section was agreed to, by the national convention that formed the Constitution, is thus frankly avowed by the Hon. LUTHER MARTIN[9] who was a prominent member of that body:

[Footnote 9: Speech before the Legislature of Maryland in 1787.]

"The Eastern States, notwithstanding their aversion to slavery, (!) were very willing to indulge the Southern States at least with a temporary liberty to prosecute the slave trade, provided the Southern States would, in their turn, gratify them by laying no restriction on navigation acts; and, after a very little time, the committee, by a great majority, agreed on a report, by which the general government was to be prohibited from preventing the importation of slaves for a limited time; and the restrictive clause relative to navigation acts was to be omitted."

Behold the iniquity of this agreement! how sordid were the motives which led to it! what a profligate disregard of justice and humanity, on the part of those who had solemnly declared the inalienable right of all men to be free and equal, to be a self-evident truth!

It is due to the national convention to say, that this Section was not adopted "without considerable opposition." Alluding to it, Mr. MARTIN observes—

"It was said that we had just assumed a place among independent nations in consequence of our opposition to the attempts of Great Britain to enslave us: that this opposition was grounded upon the preservation of those rights to which God and nature has entitled us, not in particular, but in common with all the rest of mankind; that we had appealed to the Supreme Being for his assistance, as the God of freedom, who could not but approve our efforts to preserve the rights which he had thus imparted to his creatures; that now, when we scarcely had risen from our knees, from supplicating his aid and protection in forming our government over a free people, a government formed pretendedly on the principles of liberty, and for its preservation,—in that government to have a provision, not only putting it out of its power to restrain and prevent the slave trade, even encouraging that most infamous traffic, by giving the States power and influence in the Union in proportion as they cruelly and wantonly sport with the rights of their fellow-creatures, ought to be considered as a solemn mockery of, and insult to, that God whose protection we had then implored, and could not fail to hold us up in detestation, and render us contemptible to every true friend of liberty in the world. It was said it ought to be considered that national crimes can only be and frequently are, punished in this world by national punishments, and that the continuance of the slave trade, and thus giving it a national sanction, and encouragement, ought to be considered as justly exposing us to the displeasure and vengeance of Him who is equally Lord of all, and who views with equal eye the poor African slave and his American master![10]

[Footnote 10: How terribly and justly has this guilty nation been scourged, since these words were spoken, on account of slavery and the slave trade!]

"It was urged that, by this system, we were giving the general government full and absolute power to regulate commerce, under which general power it would have a right to restrain, or totally prohibit, the slave trade: it must, therefore, appear to the world absurd and disgraceful to the last degree that we should except from the exercise of that power the only branch of commerce which is unjustifiable in its nature, and contrary to the rights of mankind. That, on the contrary, we ought rather to prohibit expressly, in our Constitution, the further importation of slaves, and to authorize the general government, from time to time, to make such regulations as should be thought most advantageous for the gradual abolition of slavery, and the emancipation of the slaves which are already in the States. That slavery is inconsistent with the genius of republicanism, and has a tendency to destroy those principles on which it is supported, as it lessens the sense of the equal rights of mankind, and habituates us to tyranny and oppression. It was further urged that, by this system of government, every State is to be protected both from foreign invasion and from domestic insurrections; that, from this consideration, it was of the utmost importance it should have a power to restrain the importation of slaves, since in proportion as the number of slaves were increased in any State, in the same proportion the State is weakened and exposed to foreign invasion or domestic insurrection; and by so much less will it be able to protect itself against either, and therefore will by so much the more, want aid from, and be a burden to, the Union.