ork.

* * * * *

[NOTE.--The following extract of a letter, from the late Chief Justice
Jay to the late venerable Elias Boudinot, dated Nov. 17, 1819, might
well have formed part of Appendix E. Its existence, however, was not
known till it was too late to insert it in its most appropriate place.
It shows the view taken of some of the _constitutional_ questions by a
distinguished jurist,--one of the purest patriots too, by whom our early
history was illustrated.]

"Little can be added to what has been said and written on the
subject of slavery. I concur in the opinion, that it ought not to be
_introduced, nor permitted_ in any of the _new_ states; and that it
ought to be gradually diminished, and finally, abolished, in all
of them.

To me, the _constitutional authority_ of the Congress to prohibit
the _migration_ and _importation_ of slaves into any of the states,
does not appear questionable.

The first article of the Constitution specifics the legislative
powers committed to Congress. The ninth section of that article has
these words:--'The _migration_ or _importation_ of such persons as
any of the _now existing_ states shall think proper to admit, shall
not be prohibited by the Congress prior to the year 1808--but a tax
or duty may be imposed on such importation not exceeding _ten
dollars_ for each person.'

I understand the sense and meaning of this clause to be, That the
power of the Congress, although _competent to prohibit such
migration and importation_, was not to be exercised with respect to
the THEN existing states, and _them only_, until the year 1808; but
that Congress were at liberty to make such prohibition as to any
_new state_ which might in the _meantime_ be established. And
further, that from and after _that_ period, they were authorized to
make such prohibition as to _all the states, whether new or old_.

Slaves were the persons intended. The word slaves was avoided, on
account of the existing toleration of slavery, and its discordancy
with the principles of the Revolution; and from a consciousness of
its being repugnant to those propositions to the Declaration of
Independence:--'We hold these truths to be self-evident--that all
men are created equal--that they are endowed by their Creator with
certain inalienable rights--and that, among these,