Saturday, January 26, 2008

The First Congress, 1790:
The Slavery Debate, Conclusion

The memorials were referred to committee by a vote of 43 to 14.

On March 16 the committee made its report, which was that the Constitution expressly restrained the general Government from prohibiting the importation of slaves until 1808, and, by fair construction, prohibited Congress from interfering before that date with the emancipation of slaves, or the regulation of slaves by the States; the committee trusted, however, that the various legislatures would revise their laws from time to time to ameliorate the condition of the slaves.
The committee went on to declare that Congress had authority to lay a tax not exceeding ten dollars on each slave imported, and to make provision for the humane treatment of the slaves in passage, as well as to prohibit foreigners from fitting out slave ships in a port of the United States. Lastly, they advised that Congress inform the memorialists that, wherever it had jurisdiction in matters concerning slavery, it would be exercised on the principles of “justice, humanity, and good policy.”
This report was debated from March 17 to 23, when it was passed, with amendments eliminating the suggestion to the State legislatures that Congress had the power to emancipate slaves after 1808 and the final notice to the memorialists. The vote upon entering on the Journal the original report of the committee, and the amended report, was passed by 29 to 25 votes. The chief speakers in the debate were, in favor of the original report: Thomas Hartley [Pa.] and Elias Boudinot [N. J.]; against it, Alexander White [Va.], Aedamus Burke and William L. Smith, of South Carolina.

(from Great Debates in American History, by United States Congress, Great Britain Parliament, Marion Mills Miller, published 1913, Current Literature Publishing Company)