ion 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 p
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