n._

Mr. Sherman was against this second part, as acknowledging men to be
property, by taxing them as such under the character of slaves.

Mr. King and Mr. Langdon considered this as the price of the first
part.

Gen. Pinckney admitted that it was so.

Col. Mason. Not to tax, will be equivalent to a bounty on, the
importation of slaves.

Mr. Gorham thought that Mr. Sherman should consider the duty, not as
implying that slaves are property, but as a discouragement to the
importation of them.

Mr. Gouverneur Morris remarked, that, as the clause now stands, it
implies that the Legislature may tax freemen imported.

Mr. Sherman, in answer to Mr. Gorham, observed, that the smallness of
the duty showed revenue to be the object, not the discouragement of
the importation.

Mr. Madison thought it wrong to admit in the Constitution the idea
that there could be property in men. The reason of duties did not
hold, as slaves are not, like merchandise, consumed, &c.

Col. Mason, in answer to Mr. Gouverneur Morris. The provision as it
stands, was necessary for the case of convicts; in order to prevent
the introduction of them.

It was finally agreed, _nem. con_., to make the clause read: "but a
tax or duty may be imposed on such importation, not exceeding ten
dollars for each person;" and then the second part, as amended, was
agreed to. _pp_. 1427 to 30.

Tuesday, August 28, 1787.

Article 14, was then taken up.

General Pinckney was not satisfied with it. He seemed to wish some
provision should be included in favor of property in slaves.

On the question on Article 14,--

New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, aye--9; South Carolina,
no--1; Georgia, divided.

Article 15, being then taken up, the words, "high misdemeanor," were
struck out, and the words, "other crime," inserted, in order to
comprehend all proper cases; it being doubtful whether "high
misdemeanor" had not a technical meaning too limited.

Mr. Butler and Mr. Pinckney moved to require "fugitive slaves and
servants to be delivered up like criminals."

Mr. Wilson. This would oblige the Executive of the State to do it, at
the public expense.

Mr. Sherman saw no more propriety in the public seizing and
surrendering a slave or servant, than a horse.

Mr. Butler withdrew his proposition, in order that some particular
provision might be made, apart from this article.

Articl