o it; but now it
was to be revived. He thought nothing could justify it. This temporary
restriction on Congress militated, in his opinion, against the
arguments of gentlemen on the other side, that what was not given up,
was retained by the States; for that if this restriction had not been
inserted, Congress could have prohibited the African trade. The power
of prohibiting it was not expressly delegated to them; yet they would
have had it by implication, if this restraint had not been provided.
This seemed to him to demonstrate most clearly the necessity of
restraining them by a bill of rights, from infringing our unalienable
rights. It was immaterial whether the bill of rights was by itself, or
included in the Constitution. But he contended for it one way or the
other. It would be justified by our own example, and that of England.
His earnest desire was, that it should be handed down to posterity,
that he had opposed this wicked clause.

Mr. Madison. As to the restriction in the clause under consideration,
it was a restraint on the exercise of a power expressly delegated to
congress, namely, that of regulating commerce with foreign nations.

Mr. Henry insisted, that the insertion of these restrictions on
Congress, was a plain demonstration that Congress could exercise
powers by implication. The gentleman had admitted that Congress could
have interdicted the African trade, were it not for this restriction.
If so, the power not having been expressly delegated, must be obtained
by implication. He demanded where, then, was their doctrine of
reserved rights? He wished for negative clauses to prevent them from
assuming any powers but those expressly given. He asked why it was
moited to secure us that property in slaves, which we held now? He
feared its omission was done with design. They might lay such heavy
taxes on slaves, as would amount to emancipation; and then the
Southern States would be the only sufferers. His opinion was confirmed
by the mode of levying money. Congress, he observed, had power to lay
and collect taxes, imposts, and excises. Imposts (or duties) and
excises, were to be uniform. But this uniformity did not extend to
taxes. This might compel the Southern States to liberate their
negroes. He wished this property therefore to be guarded. He
considered the clause which had been adduced by the gentleman as a
security for this property, as no security at all. It was no more than
this--that a runaway negro c