Page:The Records of the Federal Convention of 1787 Volume 3.djvu/165

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

No such thing was intended; but I will tell you what was done, and it gives me high pleasure that so much was done. Under the present confederation, the States may admit the importation of slaves as long as they please; but by this article, after the year 1808, the Congress will have power to prohibit such importation, notwithstanding the disposition of any State to the contrary. I consider this as laying the foundation for banishing slavery out of this country; and though the period is more distant than I could wish, yet it will produce the same kind, gradual change which was pursued in Pennsylvania.[1] It is with much satisfaction I view this power in the general government, whereby they may lay an interdiction on this reproachful trade. But an immediate advantage is also obtained, for a tax or duty may be imposed on such importation not exceeding ten dollars for each person; and this, Sir, operates as a partial prohibition. It was all that could be obtained. I am sorry it was no more; but from this I think there is reason to hope that yet a few years, and it will be prohibited altogether. And in the meantime, the new States which are to be formed will be under the control of Congress in this particular, and slaves will never be introduced amongst them. The gentleman says that it is unfortunate in another point of view: it means to prohibit the introduction of white people from Europe, as this tax may deter them from coming amongst us. A little impartiality and attention will discover the care that the convention took in selecting their language. The words are, the migration or importation of such persons, etc., shall not be prohibited by Congress prior to the year 1808, but a tax or duty may be imposed on such importation. It is observable here that the term migration is dropped when a tax or duty is mentioned, so that Congress have power to impose the tax only on those imported.


ⅭⅩⅬⅨ. James Wilson in the Pennsylvania Convention.[2]

December 4, 1787.

A good deal has already been said, concerning a bill of rights; I have stated, according to the best of my recollection, all that passed in convention relating to that business. Since that time, I have spoken with a gentleman, who has not only his memory, but full notes, that he had taken in that body; and he assures me, that upon this subject no direct motion was ever made at all; and certainly, before we heard this so violently supported out of doors, some pains ought to have been taken to have tried its fate within;

  1. See ⅭⅭⅭⅩⅩⅦ note below.
  2. McMaster and Stone, Pennsylvania and the Federal Constitution, 313–338.