however, too painfully
truthful for the doctrinaires, and was, amid a score of objections,
withdrawn. The taxation clause also was manifestly too vague for
practical use, and Baldwin of Georgia wished to amend it by inserting
"common impost on articles not enumerated," in lieu of the "average"
duty.[18] This minor point gave rise to considerable argument: Sherman
and Madison deprecated any such recognition of property in man as taxing
would imply; Mason and Gorham argued that the tax restrained the trade;
while King, Langdon, and General Pinckney contented themselves with the
remark that this clause was "the price of the first part." Finally, it
was unanimously agreed to make the duty "not exceeding ten dollars for
each person."[19]

Southern interests now being safe, some Southern members attempted, a
few days later, to annul the "bargain" by restoring the requirement of a
two-thirds vote in navigation acts. Charles Pinckney made the motion, in
an elaborate speech designed to show the conflicting commercial
interests of the States; he declared that "The power of regulating
commerce was a pure concession on the part of the Southern States."[20]
Martin and Williamson of North Carolina, Butler of South Carolina, and
Mason of Virginia defended the proposition, insisting that it would be a
dangerous concession on the part of the South to leave navigation acts
to a mere majority vote. Sherman of Connecticut, Morris of Pennsylvania,
and Spaight of North Carolina declared that the very diversity of
interest was a security. Finally, by a vote of 7 to 4, Maryland,
Virginia, North Carolina, and Georgia being in the minority, the
Convention refused to consider the motion, and the recommendation of the
committee passed.[21]

When, on September 10, the Convention was discussing the amendment
clause of the Constitution, the ever-alert Rutledge, perceiving that
the results of the laboriously settled "bargain" might be endangered,
declared that he "never could agree to give a power by which the
articles relating to slaves might be altered by the states not
interested in that property."[22] As a result, the clause finally
adopted, September 15, had the proviso: "Provided, that no amendment
which may be made prior to the year 1808 shall in any manner affect the
1st and 4th clauses in the 9th section of the 1st article."[23]

36. ~Settlement by the Convention.~ Thus, the slave-trade article of the
Constitution stood finally as follow