HOUSE OF REPRESENTATIVES, FEBRUARY 12, 1790
MR. BALDWIN was sorry the subject had ever been brought before Congress, because it was of a delicate nature as it respected some of the States. Gentlemen who had been present at the formation of this Constitution could not avoid the recollection of the pain and difficulty which the subject caused in that body. The members of the Southern States were so tender upon this point that they had well-nigh broken up without coming to any determination; however, from the extreme desire of preserving the Union and obtaining an efficient Government, they were induced mutually to concede, and the Constitution jealously guarded what they agreed to. If gentlemen look over the footsteps of that body, they will find the greatest degree of caution used to imprint them so as not to be easily eradicated; but the moment we go to jostle on that ground, I fear we shall feel it tremble under our feet. Congress have no power to interfere with the importation of slaves beyond what is given in the ninth section of the first article of the Constitution; everything else is interdicted to them in the strongest terms. If we examine the Constitution we shall find the expressions relative to this subject cautiously expressed and more punctiliously guarded than any other part: "The migration or importation of such persons shall not be prohibited by Congress.'' But lest this should not have secured the object sufficiently it is declared in the same section "that no capitation or direct tax shall be laid, unless in proportion to the census"; this was intended to prevent Congress from laying any special tax upon negro slaves, as they might, in this way, so burthen the possessors of them as to induce a general emancipation. If we go on to the fifth article we shall find the first and fifth clauses of the ninth section of the first article restrained from being altered before the year 1808.
Gentlemen have said that this petition does not pray for an abolition of the slave trade. I think, sir, it prays for nothing else, and therefore we have no more to do with it than if it prayed us to establish an order of nobility or a national religion. (from Great Debates in American History, by United States Congress, Great Britain Parliament, Marion Mills Miller, published 1913, Current Literature Publishing Company)
