The taxation of this State being equal only to
its representation, such a tax cannot be laid as he supposes. They
cannot prevent the importation of slaves for twenty years; but after
that period, they can. The gentlemen from South Carolina and Georgia
argued in this manner: "We have now liberty to import this species of
property, and much of the property now possessed, has been purchased,
or otherwise acquired, in contemplation of improving it by the
assistance of imported slaves. What would be the consequence of
hindering us from it? The slaves of Virginia would rise in value, and
we would be obliged to go to your markets." I need not expatiate on
this subject. Great as the evil is, a dismemberment of the Union would
be worse. If those States should disunite from the other States, for
not including them in the temporary continuance of this traffic, they
might solicit and obtain aid from foreign powers.

Mr. Tyler warmly enlarged on the impolicy, iniquity, and
disgracefulness of this wicked traffic. He thought the reasons urged
by gentlemen in defence of it were inconclusive, and ill founded. It
was one cause of the complaints against British tyranny, that this
trade was permitted. The Revolution had put a period to it; but now it
was to be revived. He thought nothing could justify it. This temporary
restriction on Congress militated, in his opinion, against the
arguments of gentlemen on the other side, that what was not given up,
was retained by the States; for that if this restriction had not been
inserted, Congress could have prohibited the African trade. The power
of prohibiting it was not expressly delegated to them; yet they would
have had it by implication, if this restraint had not been provided.
This seemed to him to demonstrate most clearly the necessity of
restraining them by a bill of rights, from infringing our unalienable
rights. It was immaterial whether the bill of rights was by itself, or
included in the Constitution. But he contended for it one way or the
other. It would be justified by our own example, and that of England.
His earnest desire was, that it should be handed down to posterity,
that he had opposed this wicked clause.

Mr. Madison. As to the restriction in the clause under consideration,
it was a restraint on the exercise of a power expressly delegated to
congress, namely, that of regulating commerce with foreign nations.

Mr. Henry insisted, that the insertion of these restrictions on
C