intention on the part of congress to exercise their authority to its full extent to promote the humane objects aimed at in the Quakers' memorial.

After a warm speech against the injustice and unconstitutionality of meddling with the question of slavery in any shape, Tucker moved to strike out the whole report, and substitute for it a simple resolution, refusing to take the memorial into consideration "as unconstitutional, and tending to injure some of the states of the Union." Jackson seconded the motion in a speech equally warm, to which Vining replied. But this motion of Tucker's, after a good deal of time spent upon that point, was declared out of order.

White, of Virginia, moved to strike out the first resolution, as containing a definition of the powers of congress, a subject not referred to the committee. His colleague, Moore, passing by the report, attacked the memorial and its authors, accusing the Quakers of harboring runaway slaves. He hoped emancipation would take place at a proper time, but he wished to have it brought about by other means than by the influence of people who had been inimical to independence. Burke was not an advocate for slavery, but he wished to preserve the tranquility of the Union, which this unnecessary and impolitic measure bade fair to throw into a state of confusion. The memorial was a reflection on the southern states. The negroes there lived better and in more comfortable houses than the poor of Europe. He referred to an advertisement which he had lately seen in a New York paper of a woman and child to be sold. That, he declared, was a species of cruelty unknown in the southern states. There the negroes have property, horses, cattle, hogs, and furniture. With respect to their ceremony of marriage, they took each other from love and friendship. Though eastern gentlemen expressed so great an antipathy to this species of property, many of them who settled in the south became as fond of it as any others-a fling to which Gerry subsequently replied that the eastern states could not be held responsible for the misdoings of their emigrant citizens, since it was no uncommon thing, even in the animal world, for exotics to degenerate.

Smith, of South Carolina, exerted his utmost efforts in an elaborate defense of slavery and the slave-trade, the objections to which he considered to spring from a "misguided and misinformed humanity." The southern states required slaves to cultivate their lands, which could not be done by white people. A white laborer from the northern states asks two dollars per day when employed in any of the southern states. The low countries, in which rice and indigo are cultivated, would be deserted if emancipation took place; and what would then become of the revenue? To set the slaves loose would be a curse to them. A plan had been thought of in Virginia of shipping them off as soon as they were freed, and this was called humanity! Jefferson's scheme for gradual emancipation, as set forth in his Notes upon Virginia, was derided as impracticable. Emancipation would probably result in an exterminating war. If, on the other hand, a mixture of blood should take place, we should all be mulattoes! The very advocates of manumission held the blacks in contempt, and refused to associate with them. No scheme could be devised to stop the

increase of the blacks, except a law to prevent the intercourse of the sexes, or Herod's scheme of putting the children to death. The toleration of slavery was said to bring down reproach upon America, but that reproach belongs only to those who tolerate it, and he was ready to bear his share. It was said, also, that slavery vitiates and debases the mind of the slave-holder; but where is the proof? Do the citizens of the south exhibit more ferocity in their manners, more barbarity in their dispositions, than those of the other states? Slavery was first introduced into the West Indies by Las Casas from motives of humanity. The French promote the slave-trade by premiums; and are not the French a polished people, sensible of the rights of mankind, and actuated by just sentiments? The Spaniards encourage slavery, and they are people of the nicest honor, proverbially so. The Greeks and Romans held slaves, and are not their glorious achievements still held up as incitements to great and magnanimous actions? Sparta teemed with slaves at the time of her greatest fame as a valiant republic. Much had been said of the cruel treatment of slaves in the southern states and the West Indies. As to the southern states, from experience and information, he denied the fact; he believed in his conscience that the slaves in South Carolina were a happier people than the lower order of whites in many countries he had visited. As to the West Indies, Lord Rodney and Admiral Barrington, both of whom had spent some time there, had lately declared in the house of commons that they had never heard of a negro being cruelly treated, and that they should rejoice exceedingly if the English day-laborers were half as happy.

The abolition of the slave-trade would cause an African massacre, for it was well known to be the custom to put to death all such slaves as were brought to the coast and not sold. The cruelty of the method of transportation was alleged as a motive for abolishing the traffic; but surely the merchants would so far attend to their own interests as to preserve the lives and health of the slaves on the passage. All voyages must be attended with inconveniences, and those from Africa to America not less than others. The confinement on board was no more than was necessary. The space allowed was more than to soldiers in a camp; for the cubical measurement of air breathed by encamped soldiers fell below that allowed in the slave-ships, in the ratio of seventeen to thirty.

Baldwin "was in hopes that the experience of the house had convinced them of the impropriety of entering at all on this business. It was a reckless wandering without guidance, and the longer it was continued, the more inextricable their perplexities would become. The same memorial, he was informed, had been presented to the senate, but they had taken no notice of it. They had even negatived a motion that it should lie upon the table; they would not blot their paper with the subject at all. He hoped this house would imitate the wisdom of the senate, and pursue the subject no further. The most important business of the Union, the plan for the support of the public credit, the division of North Carolina into collection districts, the post-office act, additional revenue act, on which nearly half the resources of the year depended,

been laid aside as of no acAnd yet no bill was brought

were all pressing for early attention, and had all count, had all been made to yield to this report. forward to be enacted into a law; nothing but a string of propositions in exposition of different articles of the constitution, but which, in fact, concluded nothing.

"Another reason for pursuing this business no further was the influence it manifestly had on the temper of the members. For several days the house had been in a constant storm. This subject contained materials of the most combustible character; it had always been among the most contentious in the government of the country. In different parts of the Union there was a well known clashing of feelings and interests on this subject. It was long a doubt whether it would not form an insuperable bar to our union as one people, under one government. In the constitution that difficulty had been surmounted, and, so far as he had been informed, almost to universal satisfaction. The strength and violence of majority had been expected on this subject; and as it was not unknown on which side the majority was, security against it was settled deep among the pillars of the government. He had not felt the least alarm that the rights of his constituents would be disturbed. The house, from its constitution, would be in some respects a mirror to reflect all the passions of the people. It was wise that the feelings of the people should have an opportunity to bear a part in legislation; and, though sometimes inconvenient, it would not be dangerous, since there was another branch of the legislature whose concurrence was necessary in all public measures. From the manner in which that body was constituted, and from the experience already had, hè doubted not the senate would give to our government that wisdom and firmness which otherwise it would not possess. Acts of congress must also have the approbation of the man whom the people, in the remotest regions of the country, regard as their father. After all, should there be any doubt of the constitutionality of the measures of congress, they cannot be carried into effect without the approval of the supreme court of the United States, composed of six of our most venerable sages, forming one of the most respectable courts upon earth, possessing our confidence as well from the independence of their position as from the long experience we have had of their wisdom. On this, as on all other occasions, he should see the effects of majority and of public passion on this subject totally unconcerned. The uproar of contending waves was not pleasant, but they were dashing against a rock."

This speech of Baldwin's was on a motion of Benson's, which Baldwin had seconded, to recommit the report, with a view to give the whole matter the goby. But the majority were not thus to be driven from their purpose. The motion to recommit was voted down, and the report was then taken up article by article. The three first resolutions (those relating to the power of congress over slavery in the states) were adopted, the second and third being compressed into one, dropping the somewhat offensive details, but retaining the substance. Upon the fourth resolution-that relating to the ten dollar tax on slaves imported-the struggle was renewed. Tucker moved to strike it out, in

which he was supported by Baldwin, apparently on the ground that the reso lution did not fairly express the sense of the constitution. Hartley took this occasion to defend the committee against some strictures of Burke's; but Burke still insisted that every clause in the report was drawn in ambiguous words, so as to involve in some measure such an interpretation as the Quakers wished. He acquitted the committee of any bad intention; yet he could not but think that, throughout the whole business, the southern members had been very hardly dealt by. The demand of the Quakers, as iniquitous as it was impolitic, had been referred to a committee. The southern members dragged, as it were, in spite of their remonstrances, to the bar of the house, had been set to defend their reputation and property against the Quakers, for whose right to offer such petitions gentlemen had strenuously contended. He hoped not to be out of order in offering another remark. The southern states were able to defend, and he hoped would defend, their property. No doubt those states would pass laws punishing as incendiaries any Quakers or others who should be found exciting their domestics to conspiracies or inusurrections. Page, of Virginia, was in favor of the ten dollar duty, not only as a proper regulation of commerce, but to show that congress, as far as lies in their power, were disposed to discourage a shameful traffic. He was willing, however, to strike out the resolution, and that for two reasons. Without any such resolution, congress would still have the power to lay the tax. Should the power be asserted, and then the tax not be laid, it would look too much like temporizing, like seeming to yield to the demand of the Quakers, while in heart the house was still as much against it as those by whom the Quakers and their memorial had been so heartily abused.

Smith, of South Carolina, believed that the committee had been desirous so to frame this report as to please all parties. Some clauses were meant to allay the fears of the southern members, others were calculated to gratify the memorialists. The clause now under consideration seemed to be intended for that purpose; yet he was persuaded it would not be agreeable to the Quakers. Their nice feelings would not be gratified by a tax of this kind, the imposition of which would make slaves an article of commerce. He and his colleagues had been censured for making this business so serious. But was it reasonable

to require them to give up the right to be heard? Had the southern members been silent on this occasion, and not expressed themselves as they had done, they would have betrayed the charge intrusted to them.

On the question of striking out the fourth resolution, the committee was equally divided, but the motion was carried by the casting vote of Benson, the chairman.

The fifth resolution, affirming the power of congress to regulate the slavetrade, was vehemently opposed by Jackson, Tucker, and Smith, as was also a modification of it offered by Madison. It was said that, under pretense of regulating the trade, congress might, in fact, prohibit it entirely. They might insist, for instance, on such expensive accommodations and such costly provisions as would deter merchants from engaging in it. They might prohibit ves

sels of less than six hundred tons burden to engage in the traffic, whereas no vessel of that size could get across Charleston bar.

The patience of some of the northern members began at length to give way. Vining, of Delaware, thought the southern gentlemen ought to be satisfied with the alterations already made to please them. Some respect was due tc the committee which had framed the report, and to the prevailing sentiment of the country. All the states, from Virginia to New Hampshire, had passed laws against the slave-trade. He entered also into a defense of the Quakers, many of whom were still present in the gallery, and whose treatment, by several gentlemen, he thought cruel and unjustifiable. Baldwin thought the regulation of the slave-trade had better be left to the states that tolerate it. He insinuated some doubts, though he would not venture to express a decided opinion, how far the power to regulate commerce gave to congress the right to pursue an individual citizen in his business between one foreign nation and another. Tucker pushed this argument to a much greater extent, denying the right of congress over citizens trading out of their jurisdiction, any further than to deprive vessels so employed of their American character. spite of all the objections urged against it, the resolution, as modified by Madison, was adopted.

But, in

On the sixth resolution, that relating to the foreign slave-trade carried on from ports of the United States, Scott made an elaborate speech. "This was a subject," he remarked, "which had agitated the minds of most civilized nations for a number of years, and therefore what was said, and more particularly what was done in congress at this time, would, in some degree, form the political character of America on the subject of slavery.

"Most of the arguments advanced had gone against the emancipation of such as were slaves already. But that question was not before the committee. The report under consideration involves no such idea. It was granted on all hands that congress have no authority to intermeddle in that business. I believe that the several states with whom that anthority really rests will, from time to time, make such advances in the premises as justice to the master and slave, the dictates of humanity and sound policy, and the state of society will require or admit, and here I rest content.

"An advocate for slavery in its fullest latitude, in this age of the world, and on the floor of the American congress too, seems to me a phenomenon in politics. Yet such advocates have appeared, and many argumentative statements have been urged, to which I will only answer by calling on those who heard them to believe them if they can. With me they defy, yea, mock all belief."

But while conceding that slavery within the states was out of the constitutional reach of congress, Scott was not inclined to admit any limitation to the power of that body over the importation of slaves from abroad. "The clause relative to the free migration or importation, until 1808, of such persons as any of the states might see proper to admit, had indeed been urged as intended to cover this very case of the slave-trade, and the 'persons' referred to in