felonies on the high seas is evidently
requisite. Felony is a term of loose signification, even in the common
law of England; and of various import in the statute law of that
kingdom. But neither the common nor the statute law of that, or of any
other nation, ought to be a standard for the proceedings of this, unless
previously made its own by legislative adoption. The meaning of the
term, as defined in the codes of the several States, would be as
impracticable as the former would be a dishonorable and illegitimate
guide. It is not precisely the same in any two of the States; and
varies in each with every revision of its criminal laws. For the sake of
certainty and uniformity, therefore, the power of defining felonies in
this case was in every respect necessary and proper.

The regulation of foreign commerce, having fallen within several views
which have been taken of this subject, has been too fully discussed
to need additional proofs here of its being properly submitted to the
federal administration.

It were doubtless to be wished, that the power of prohibiting the
importation of slaves had not been postponed until the year 1808, or
rather that it had been suffered to have immediate operation. But it
is not difficult to account, either for this restriction on the general
government, or for the manner in which the whole clause is expressed.
It ought to be considered as a great point gained in favor of humanity,
that a period of twenty years may terminate forever, within these
States, a traffic which has so long and so loudly upbraided the
barbarism of modern policy; that within that period, it will receive
a considerable discouragement from the federal government, and may be
totally abolished, by a concurrence of the few States which continue the
unnatural traffic, in the prohibitory example which has been given by
so great a majority of the Union. Happy would it be for the unfortunate
Africans, if an equal prospect lay before them of being redeemed from
the oppressions of their European brethren!

Attempts have been made to pervert this clause into an objection
against the Constitution, by representing it on one side as a criminal
toleration of an illicit practice, and on another as calculated to
prevent voluntary and beneficial emigrations from Europe to America. I
mention these misconstructions, not with a view to give them an answer,
for they deserve none, but as specimens of the manner and spirit in
which som