gress prior to the year 1808, was under consideration, Mr. George Mason said—"As much as I value an union of all the states, I would not admit the southern states[1] into the Union, unless they agreed to the discontinuance of this disgraceful trade; because it would bring weakness and not strength to the Union. And though this infamous traffic be continued, we have no security for the property of that kind which we have already. There is no clause in this constitution to secure it: for they may lay such tax as will amount to manumission."
Mr. Madison answered these objections as follows: "I should conceive this clause to be impolitic, if it were one of those things which could be excluded without encountering greater evils. The southern states would not have entered into the union of America, without the temporary permission of that trade. And if they were excluded from the Union, the consequences might be dreadful to them and to us. We are not in a worse situation than before. That traffic is prohibited by our laws, and we may continue the prohibition. The Union in general is not in a worse situation. Under the articles of the confederation it might be continued forever, but by this clause an end may be put to it after twenty years. There is therefore an amelioration of our circumstances. A tax may be laid in the meantime, but it is limited, otherwise Congress might lay such a tax as would amount to a prohibition. From the mode of representation and taxation. Congress cannot lay such a tax on slaves as will amount to manumission. Another clause secures us that property which we now possess. At present, if any slave elopes to any of those states where slaves are free, he becomes emancipated by their laws. For the laws of the states are uncharitable to one another in this respect. But by this constitution, 'no person held to service or labor in one state under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.' This clause was expressly inserted to enable owners of slaves to reclaim them. This is a better security than any that now exists. No power is given to the General Government to interpose, with respect to the property in slaves now held by the states. The taxation of this state being equal only to its representation, such a tax cannot be laid as he supposes."[2]
Patrick Henry endeavored to support the objection, that if the constitution were adopted, Congress might abolish slavery. "As much," said he, "as I deplore slavery, I see that prudence forbids its abolition. I deny that the General Government ought to set them free; because a decided majority of the states have not the ties of sympathy and fellow-feeling for those whose interest would be affected by the emancipation. The majority of Congress is to the north, and the slaves are to the south. In this situation, I see a great deal of the property of the people of Virginia in jeopardy, and their peace and tranquility gone away. I repeat it again, that it would rejoice my soul that every one of my fellow-beings was emancipated. As we ought with gratitude to admire that decree of Heaven, which has numbered us among the free, we ought to lament and deplore the necessity of holding our fellow-men in bondage. But is it practicable by any human means, to liberate them without producing the most dreadful and ruinous consequences? We ought to possess them in the manner we have inherited them from our ancestors, as their manumission is incompatible with the felicity of our country. But we ought to soften as much as possible the rigor of their unhappy fate."[3]
Mr. Henry was answered by Gov. Randolph: "I ask," said he, "and I will ask again and again, until I be answered (not by declamation), where is the part that has a tendency to the abolition of slavery? Is it the clause which says that 'the migration or importation of such persons, as any of the states now existing shall think proper to admit, shall not be prohibited by Congress prior to the year 1808?' This is an exception from the power of regulating commerce, and the restriction is only to continue till 1808. Then Congress can, by the exercise of that power, prevent future importations; but does it affect the existing state of slavery? Were it right here to mention what passed in convention on the occasion, I might tell you that the southern states, even South Carolina herself, conceived this property to be secure by these words. I believe, whatever we may think here, that there was not a member of the Virginia delegation, who had the smallest suspicion of the abolition of slavery. Go to their meaning. Point out the clause where this formidable power of emancipation is inserted. But another clause of the constitution proves the absurdity of the supposition. The words of the clause are, 'No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.' Every one knows that slaves are held to service or labor; and when authority is given to owners of slaves to vindicate their property, can it be supposed they can be deprived of it? If a citizen of this state, in consequence of this clause, can take his runaway slave in Maryland, can it be seriously thought, that after taking him and bringing him home, he could be made free?"[4]
