The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 13

The Journal of the Debates in the Convention which framed the Constitution of USA Volume II Part 13

Art: IV. Sect. 4. taken up.

M^r Williamson moved to strike out "according to the provisions hereinafter made" and to insert the words "according to the rule hereafter to be provided for direct taxation."--See Art. VII. Sect. 3.

On the question for agreeing to M^r Williamson's amendment

N. H. ay. Ma.s.s. ay. C^t ay. N. J. no. P^a ay. Del. no. M^d ay.

V^a ay. N. C. ay. S. C. ay. Geo. ay.

M^r King wished to know what influence the vote just pa.s.sed was meant to have on the succeeding part of the Report, concerning the admission of Slaves into the rule of Representation. He could not reconcile his mind to the article if it was to prevent objections to the latter part. The admission of slaves was a most grating circ.u.mstance to his mind, & he believed would be so to a great part of the people of America. He had not made a strenuous opposition to it heretofore because he had hoped that this concession would have produced a readiness which had not been manifested, to strengthen the Gen^l Gov^t and to mark a full confidence in it. The Report under consideration had by the tenor of it, put an end to all those hopes. In two great points the hands of the Legislature were absolutely tied. The importation of slaves could not be prohibited--exports could not be taxed. Is this reasonable? What are the great objects of the Gen^l System? 1. defence ag^{st} foreign invasion.

2. ag^{st} internal sedition. Shall all the States then be bound to defend each; & shall each be at liberty to introduce a weakness which will render defence more difficult? Shall one part of the U. S. be bound to defend another part, and that other part be at liberty not only to increase its own danger, but to withhold the compensation for the burden? If slaves are to be imported shall not the exports produced by their labor, supply a revenue the better to enable the Gen^l Gov^a to defend their Masters? There was so much inequality & unreasonableness in all this, that the people of the Northern States could never be reconciled to it. No candid man could undertake to justify it to them.

He had hoped that some accommodation w^d have taken place on this subject; that at least a time w^d have been limited for the importation of slaves. He never could agree to let them be imported without limitation & then be represented in the Nat^l Legislature. Indeed he could so little persuade himself of the rect.i.tude of such a practice, that he was not sure he could a.s.sent to it under any circ.u.mstances. At all events, either slaves should not be represented, or exports should be taxable.

M^r Sherman regarded the slave trade as iniquitous; but the point of representation having been settled after much difficulty & deliberation, he did not think himself bound to make opposition; especially as the present article as amended did not preclude any arrangement whatever on that point in another place of the Report.

M^r Madison objected to 1 for every 40.000 inhabitants as a perpetual rule. The future increase of population if the Union sh^d be permanent, will render the number of Representatives excessive.

M^r Ghorum. It is not to be supposed that the Gov^t will last so long as to produce this effect. Can it be supposed that this vast Country including the Western territory will 150 years hence remain one nation?

M^r Elseworth. If the Gov^t should continue so long, alterations may be made in the Const.i.tution in the manner proposed in a subsequent article.

M^r Sherman & M^r Madison moved to insert the words "not exceeding,"

before the words "1 for every 40.000." which was agreed to nem. con.

M^r Gov^r Morris moved to insert "free" before the word inhabitants.

Much he said would depend on this point. He never would concur in upholding domestic slavery. It was a nefarious inst.i.tution. It was the curse of heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich & n.o.ble cultivation marks the prosperity & happiness of the people, with the misery & poverty which overspread the barren wastes of V^a Mary^d & the other States having slaves. Travel thro' y^e whole Continent & you behold the prospect continually varying with the appearance & disappearance of slavery. The moment you leave y^e E. States & enter N. York, the effects of the inst.i.tution become visible, pa.s.sing thro' the Jerseys & entering P^a every criterion of superior improvement witnesses the change. Proceed southw^{dly}. & every step you take thro' y^e great regions of slaves presents a desert increasing, with y^e increasing [word is illegible]

proportion of these wretched beings. Upon what principle is it that the slaves shall be computed in the representation? Are they men? Then make them Citizens and let them vote. Are they property? Why then is no other property included? The Houses in this city (Philad^a) are worth more than all the wretched Slaves which cover the rice swamps of South Carolina. The admission of slaves into the Representation when fairly explained comes to this: that the inhabitant of Georgia and S. C. who goes to the Coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections & d.a.m.ns them to the most cruel bondages, shall have more votes in a Gov^t inst.i.tuted for protection of the rights of mankind, than the Citizen of P^a or N. Jersey who views with a laudable horror, so nefarious a practice. He would add that Domestic slavery is the most prominent feature in the aristocratic countenance of the proposed Const.i.tution. The va.s.salage of the poor has ever been the favorite offspring of Aristocracy. And What is the proposed compensation to the Northern States for a sacrifice of every principle of right, of every impulse of humanity. They are to bind themselves to march their militia for the defence of the S. States; for their defence ag^{st} those very slaves of whom they complain. They must supply vessels & seamen in case of foreign Attack. The Legislature will have indefinite power to tax them by excises, and duties on imports: both of which will fall heavier on them than on the Southern inhabitants; for the bohae tea used by a Northern freeman, will pay more tax than the whole consumption of the miserable slave, which consists of nothing more than his physical subsistence and the rag that covers his nakedness. On the other side the Southern States are not to be restrained from importing fresh supplies of wretched Africans, at once to increase the danger of attack, and the difficulty of defence; nay they are to be encouraged to it by an a.s.surance of having their votes in the Nat^l Gov^t increased in proportion, and are at the same time to have their exports & their slaves exempt from all contributions for the public service. Let it not be said that direct taxation is to be proportioned to representation. It is idle to suppose that the Gen^l Gov^t can stretch its hand directly into the pockets of the people scattered over so vast a Country. They can only do it through the medium of exports imports & excises. For What then are all the sacrifices to be made? He would sooner submit himself to a tax for paying for all the negroes in the U. States, than saddle posterity with such a Const.i.tution.

M^r Dayton 2^{ded} the motion. He did it he said that his sentiments on the subject might appear whatever might be the fate of the amendment.

M^r Sherman, did not regard the admission of the Negroes into the ratio of representation, as liable to such insuperable objections. It was the freemen of the South^n States who were in fact to be represented according to the taxes paid by them, and the Negroes are only included in the Estimate of the taxes. This was his idea of the matter.

M^r Pinkney, considered the fisheries & the Western frontier as more burthensome to the U. S. than the slaves. He thought this could be demonstrated if the occasion were a proper one.

M^r Wilson, thought the motion premature. An agreement to the clause would be no bar to the object of it.

Question On motion to insert "free" before "inhabitants,"

N. H. no. Ma.s.s. no. C^t no. N. J. ay. P^a no. Del. no. M^d no.

V^a no. N. C. no. S. C. no. Geo. no.

On the suggestion of M^r d.i.c.kinson the words, "provided that each State shall have one representative at least,"--were added nem. con.

Art. IV. Sect. 4. as amended was agreed to con. nem.

Art. IV. Sect. 5. taken up.

M^r Pinkney moved to strike out Sect. 5. As giving no peculiar advantage to the House of Representatives, and as clogging the Gov^t. If the Senate can be trusted with the many great powers proposed, it surely may be trusted with that of originating money bills.

M^r Ghorum. was ag^{st} allowing the Senate to _originate_; but only to _amend_.

M^r Gov^r Morris. It is particularly proper that the Senate sh^d have the right of originating money bills. They will sit constantly, will consist of a smaller number, and will be able to prepare such bills with due correctness; and so as to prevent delay of business in the other House.

Col. Mason was unwilling to travel over this ground again. To strike out the Section, was to unhinge the compromise of which it made a part. The duration of the Senate made it improper. He does not object to that duration. On the Contrary he approved of it. But joined with the smallness of the number, it was an argument against adding this to the other great powers vested in that body. His idea of an Aristocracy was that it was the govern^t of the few over the many. An aristocratic body, like the screw in mechanics, work^g its way by slow degrees, and holding fast whatever it gains, should ever be suspected of an encroaching tendency. The purse strings should never be put into its hands.

M^r Mercer, considered the exclusive power of originating Money bills as so great an advantage, that it rendered the equality of votes in the Senate ideal & of no consequence.

M^r Butler was for adhering to the principle which had been settled.

M^r Wilson was opposed to it on its merits without regard to the compromise.

M^r Elseworth did not think the clause of any consequence, but as it was thought of consequence by some members from the larger States, he was willing it should stand.

M^r Madison was for striking it out; considering it as of no advantage to the large States as fettering the Gov^t and as a source of injurious altercations between the two Houses.

On the question for striking out "Sect. 5, Art. IV".

N. H. no. Ma.s.s. no. C^t no. N. J. ay. P^a ay. Del. ay. M^d ay.

V^a ay. N. C. no. S. C. ay. Geo. ay.

Adj^d.

THURSDAY, AUG^{ST} 9. IN CONVENTION

Art: IV. Sect. 6. M^r Randolph expressed his dissatisfaction at the disagreement yesterday to Sect. 5. concerning money bills, as endangering the success of the plan, and extremely objectionable in itself; and gave notice that he should move for a reconsideration of the vote.

M^r Williamson said he had formed a like intention.

M^r Wilson, gave notice that he sh^d move to reconsider the vote, requiring seven instead of three years of Citizenship as a qualification of candidates for the House of Representatives.

Art. IV. Sec. 6. & 7. Agreed to nem. con.

Art. V. Sect. 1. taken up.

M^r Wilson objected to vacancies in the Senate being supplied by the Executives of the States. It was unnecessary as the Legislatures will meet so frequently. It removes the appointment too far from the people; the Executives in most of the States being elected by the Legislatures.

As he had always thought the appointment of the Executives by the Legislative department wrong; so it was still more so that the Executive should elect into the Legislative department.

M^r Randolph thought it necessary in order to prevent inconvenient chasms in the Senate. In some States the Legislatures meet but once a year. As the Senate will have more power & consist of a smaller number than the other House, vacancies there will be of more consequence. The Executives might be safely trusted he thought with the appointment for so short a time.

M^r Elseworth. It is only said that the Executive _may_ supply vacancies. When the Legislative meeting happens to be near, the power will not be exerted. As there will be but two members from a State vacancies may be of great moment.

M^r Williamson. Senators may resign or not accept. This provision is therefore absolutely necessary.

On the question for striking out "vacancies shall be supplied by the Executives"

N. H. no. Ma.s.s. no. C^t no. N. J. no. P^a ay. M^d div^d. V^a no.