Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/210

CHAPTER XXXII.

PROHIBITIONS ON THE UNITED STATES.

§ 1325. Having finished this review of the powers of congress, the order of the subject next conducts us to the prohibitions and limitations upon these powers, which are contained in the ninth section of the first article. Some of these have already been under discussion, and therefore will be pretermitted.^[1]

§ 1326. The first clause is as follows:

The migration, or importation of such persons, as any of the states now existing shall think proper to admit, shall not be prohibited by the congress, prior to the year one thousand eight hundred and eight; but a tax, or duty, may be imposed on such importation, not exceeding ten dollars for each person.

§ 1327. The corresponding clause of the first draft of the constitution was in these words: "No tax, or duty, shall be laid, &c. on the migration, or importation of such persons, as the several states shall think proper to admit; nor shall such migration, or importation be prohibited." In this form it is obvious, that the migration and importation of slaves, which was the sole object of the clause, was in effect perpetuated, so long, as any state should choose to allow the traffic. The subject was afterwards referred to a committee, who reported the clause substantially in its present shape; except that the limitation was the year one thousand eight hundred, instead of one thousand eight hun-

---

1. Those, which respect taxation, and the regulation of commerce, have been considered under former heads; to which the learned reader is referred. Ante, Vol. II, ch. 14, 15.