we go to jostle on that ground, I fear we shall feel it tremble
under our feet. Congress have no power to interfere with the
importation of slaves beyond what is given in the ninth section
of the 1st article of the Constitution; everything 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 fifth article,
we shall find the first and fifth clauses of the ninth section of
the first article restrained from being altered before the year
1808.[574]
According to George Mason's Account:
The constn as agreed to till a fortnight before the convention
rose was such a one as he wd have set his hand & heart to....
with respect to the importn of slaves it was left to Congress,
this disturbed the 2 Souther-most states who knew that Congress
would immediately suppress the importn of slaves, those 2 states
therefore struck up a bargain with the 3. N. Engld, states, if
they would join to admit slaves for some years, the 2
Southernmost states wd join in changing the clause which required
2/3 of the legislature in any vote. It was done, these articles
were changed accordingly, & from that moment the two S. states
and the 3 Northern ones joined Pen. Jers. & Del. & made the
majority 8. to 3. against us instead of 8. to 3. for us as it had
been thro' the whole Convention. under this coalition the great
principles of the Constn were changed in the last days of the
Convention.[575]
The following debate on this subject took place in the House of
Representatives, June 16-20, 1798:
Mr. B(aldwin). thought the 9th section, forbidding Congress to
prohibit the migration, &c., was directly opposed to the
principles of this bill. He recollected ve
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