should be passed except by a two-thirds vote. By
denying Congress the authority of giving preference to American over
foreign shipping, it was designed to secure cheap transportation for
Southern exports; but, as the shipping was largely owned in the
Eastern States, their delegates were zealous in their efforts to
prevent any restriction of the power of Congress to enact navigation
laws. It has been already shown that all the States, with the
exception of North Carolina, South Carolina, and Georgia, had
prohibited the importation of slaves. The prohibition of duties on the
importation of slaves was demanded by the delegates from South
Carolina and Georgia. They assured the Convention that without such a
provision they could never give their assent to the constitution. This
declaration dragooned some Northern delegates into a support of the
restriction, but provoked some very plain remarks concerning slavery.
Mr. Pinckney said, that, "If the Southern States were let alone, they
would probably of themselves stop importations. He would himself, as a
citizen of South Carolina, vote for it."

Mr. Sherman remarked that "the abolition of slavery seemed to be going
on in the United States, and that the good sense of the several states
would probably by degrees complete it;" and Mr. Ellsworth thought that
"slavery, in time, will not be a speck in our country." Mr. Madison
said "he thought it _wrong_ to admit in the Constitution the idea of
property in men."

Slavery, notwithstanding the high-sounding words just quoted, was
recognized in and by three separate clauses of the Constitution The
word "slave" was excluded, but the language does not admit of any
doubt.

"Art. I. Sect. 2.... Representatives and direct taxes shall
be apportioned among the several States which may be
included within this Union, according to their respective
numbers; which shall be determined by adding to the whole
number of free persons, including those bound to service for
a term of years, and excluding Indians not taxed,
_three-fifths of all other persons.[628] ..._

"Art I. Sect. 9. 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....