Showing posts with label State legislatures. Show all posts
Showing posts with label State legislatures. Show all posts

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)

Wednesday, January 23, 2008

The First Congress:
The 1790 Slavery Debate (part 5)
Mr. Tucker

PETITIONS AGAINST SLAVERY
HOUSE OF REPRESENTATIVES, FEBRUARY 11, 1790

MR. TUCKER.—Congress has no authority, under the Constitution, to do more than lay a duty of ten dollars upon each person imported; and this is a political consideration, not arising from either religion or morality, and is the only principle upon which we can proceed to take it up. But what effect do these men suppose will arise from their exertions? Will a duty of ten dollars diminish the importation? Will the treatment be better than usual ? I apprehend not; nay, it may be worse, because an interference with the subject may excite a great degree of restlessness in the minds of those it is intended to serve, and that may be a cause for the masters to use more rigor toward them than they would otherwise exert; so that these men seem to overshoot their object. But if they will endeavor to procure the abolition of the slave trade, let them prefer their petitions to the State legislatures, who alone have the power of forbidding the importation. I believe their applications there would be improper; but if they are anywhere proper it is there. I look upon the address, then, to be ill judged, however good the intention of the framers.

The address was ordered to lie on the table.

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