power in Congress to prohibit the importation of such persons as any of the states, now existing, shall think proper to admit, prior to the year 1808, and authorizing a tax or duty on such importation, not exceeding ten dollars for each person, did not extend to negro slaves. Candor required that he should acknowledge that this was the express design of the Constitution; and therefore Congress could not interfere in prohibiting the importation or promoting the emancipation of them prior to that period. Mr. Boudinot observed, that he was well informed that the tax or duty of ten dollars was provided, instead of the five per cent. ad valorem, and was so expressly understood by all parties in the Convention; that, therefore, it was the interest and duty of Congress to impose this tax, or it would not be doing justice to the states, or equalizing the duties throughout the Union. If this was not done, merchants might bring their whole capitals into this branch of trade, and save paying any duties whatever. Mr. Boudinot observed, that the gentleman had overlooked the prophecy of St. Peter, where he foretells that, among other damnable heresies, "through covetousness shall they with feigned words make merchandise of you."
[Note.—In the first edition, p. 211, vol. iv., this head terminated, "Memorial rejected"—a mistake, which the editor in the present edition corrects, by stating that with other petitions of a similar object, it was committed to a select committee: that committee made a report; the report was referred to a committee of the whole house, and discussed on four successive days: it was then reported to the house with amendments, and by the house ordered to be inscribed in its Journals, and then laid on the table.
That report, as amended in committee, is in the following words: "The committee to whom were referred sundry memorials from the people called Quakers, and also a memorial from the Pennsylvania Society for promoting the Abolition of Slavery, submit the following report, (as amended in committee of the whole:) —
"First. That the migration or importation of such persons, as any of the states now existing shall think proper to admit, cannot be prohibited by Congress prior to the year 1808.
"Secondly. That Congress have no power to interfere in the emancipation of slaves, or in the treatment of them, within any of the states; it remaining with the several states alone to provide any regulation therein which humanity and true policy may require.
"Thirdly. That Congress have authority to restrain the citizens of the United States from carrying on the African slave trade, for the purpose of supplying foreigners with slaves, and of providing, by proper regulations, for the humane treatment, during their passage, of slaves imported by the said citizens into the states admitting such importations.
"Fourthly. That Congress have also authority to prohibit foreigners from fitting out vessels in any part of the United States for transporting persons from Africa to any foreign port."]
On the Establishment of a National Bank.
House of Representatives, February 2, 1791.
Mr. GILES said he was disposed to consider the plan as containing a principle not agreeable to the Constitution, and in itself not altogether expedient.
To show its unconstitutionality, he read the 1st section of the bill which established the subscribers of the bank into a corporation, to do which, he conceived the Constitution had given Congress no power. He read the clause in the Constitution which had been adduced as sanctioning the exercise of such a power. This clause only respects, he said, all the necessary powers to carry into effect such as were expressly delegated; that of forming corporations was not expressly granted. He then adverted
