n my opinion ever will be, a _sine qua non_ of the
Union. I will give you, to the best of my recollection, the history of
that affair. This business was discussed at Philadelphia for four
months, during which time the subject of commerce and navigation was
often under consideration; and I assert, that eight States out of
twelve, for more than three months, voted for requiring two-thirds of
the members present in each house to pass commercial and navigation
laws. True it is, that afterwards it was carried by a majority, as it
stands. If I am right, there was a great majority for requiring
two-thirds of the States in this business, till a compromise took
place between the Northern and Southern States; the Northern States
agreeing to the temporary importation of slaves, and the Southern
States conceding, in return, that navigation and commercial laws
should be on the footing on which they now stand. If I am mistaken,
let me be put right. These are my reasons for saying that this was not
a _sine qua non_ of their concurrence. The Newfoundland fisheries will
require that kind of security which we are now in want of. The Eastern
States therefore agreed at length, that treaties should require the
consent of two-thirds of the members present in the senate.

Mr. Madison. I was struck with surprise when I heard him express
himself alarmed with respect to the emancipation of slaves. Let me
ask, if they should even attempt it, if it will not be an usurpation
of power? There is no power to warrant it, in that paper. If there be,
I know it not. But why should it be done? Says the honorable
gentleman, for the general welfare--it will infuse strength into our
system. Can any member of this committee suppose, that it will
increase our strength? Can any one believe, that the American councils
will come into a measure which will strip them of their property,
discourage and alienate the affections of five-thirteenths of the
Union? Why was nothing of this sort aimed at before? I believe such an
idea never entered into an American breast, nor do I believe it ever
will, unless it will enter into the heads of those gentlemen who
substitute unsupported suspicions for reasons.

Mr. Henry. He asked me where was the power of emancipating slaves? I
say it will be implied, unless implication be prohibited. He admits
that the power of granting passports will be in the new Congress
without the insertion of this restriction--yet he can shew me nothing