Page:Debates in the Several State Conventions, v5.djvu/504

478 "The migration or importation of such persons as the several states now existing shall think proper to admit shall not be prohibited by the legislature prior to the year 1808."

New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina. South Carolina, Georgia, ay, 7; New Jersey, Pennsylvania, Delaware, Virginia, no, 4.

Mr. BALDWIN, in order to restrain and more explicitly define "the average duty," moved to strike out of the second part the words "average of the duties laid on imports," and insert "common impost on articles not enumerated," which was agreed to, ''nem. con.''

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 lax 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.

Article 7, sect. 5, was agreed to, ''nem. con.'', as reported.$234$

Article 7, sect. 6, in the report, was postponed.

On motion of Mr. MADISON, seconded by Mr. GOUVERNEUR MORRIS, article 8 was reconsidered, and, after the words "all treaties made," were inserted, ''nem. con.'', the words "or which shall be made." This insertion was meant to obviate all doubt concerning the force of treaties preëxisting, by making the words, "all treaties made," to refer to them, as the words inserted would refer to future treaties.

Mr. CARROLL and Mr. L. MARTIN expressed their apprehensions, and the probable apprehensions of their constituents, that, under the power of regulating trade, the general legislature might favor the ports of particular states, by requiring vessels destined to or from other stages to enter and clear thereat: as vessels belonging or