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)

The First Congress, 1790: The Slavery Debate, cont'd (part 4) Mr. Baldwin

PETITIONS AGAINST SLAVERY–Continued
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)