to charge us for every comfort and enjoyment of life, and at the same time take away the means of procuring them; they do not wish to break us down at once. He was convinced, from the inaptitude of the motion, and the want of time to consider it, that the candor of the gentleman would induce him to withdraw it for the present; and if ever it came forward again, he hoped it would comprehend the white slaves as well as black, who were imported from all the jails in Europe; wretches, convicted of the most flagrant crimes, were brought in and sold without any duty whatever. He thought that they ought to be taxed equally with the Africans, and had no doubt but the constitutionality and propriety of such a measure was equally apparent with the one proposed. Mr. TUCKER thought it unfair to bring in such an important subject at a time when debate was almost precluded. The committee had gone through the impost bill, and the whole Union was impatiently expecting the result of their deliberations; the public must be disappointed, and much revenue lost, or this question cannot undergo that full discussion which it deserves. We have no right, said he, to consider whether the importation of slaves is proper or not; the Constitution gives us no power on that point; it is left to the States to judge of that matter as they see fit. But if it is a business the gentleman is determined to discourage, he ought to have brought his motion forward sooner, and even then not have introduced it without previous notice. He hoped the committee would reject the motion, if it was not withdrawn. He was not speaking so much for the State he represented as for Georgia; because the State of South Carolina had a prohibitory law, which could be renewed when its limitation expired. Mr. PARKER had ventured to introduce the subject after full deliberation, and did not like to withdraw it. Although the gentleman from Connecticut (Mr. SHERMAN) had said, that they ought not to be enumerated with goods, wares, and merchandise, he believed they were looked upon by the African traders in this light. He knew it was degrading the human species to annex that character to them; but he would rather do this than continue the actual evil of importing slaves a moment longer. He hoped Congress would do all that lay in their power to restore to human nature its inherent privileges, and, if possible, wipe off the stigma under which America labored. The inconsistency in our principles, with which we are justly charged, should be done away, that we may show, by our actions, the pure beneficence of the doctrine we hold out to the world in our Declaration of Independence. Mr. SHERMAN thought the principles of the motion, and the principles of the bill, were inconsistent; the principle of the bill was to raise revenue, the principle of the motion to correct a moral evil. Now, considering it as an object of revenue, it would be unjust, because two or three States would bear the whole burden, while he believed they bore their full proportion of all the [MAY, 1789. rest. He was against receiving the motion into this bill, though he had no objection to taking it up by itself, on the principles of humanity and policy; and therefore would vote against it if it was not withdrawn. Mr. AMES joined the gentleman last up; no one could suppose him favorable to slavery; he detested it from his soul; but he had some doubts whether imposing a duty on the importation would not have the appearance of countenancing the practice; it was certainly a subject of some delicacy, and no one appeared to be prepared for the discussion. He therefore hoped the motion would be withdrawn. Mr. LIVERMORE was not against the principle of the motion; but in the present case he conceived it improper. If negroes were goods, wares, or merchandise, they came within the title of the bill; if they were not, the bill would be inconsistent. But if they are goods, wares, or merchandise, the five per cent. ad valorem will embrace the importation, and the duty of five per cent. is nearly equal to ten dollars per head; so there is no occasion to add it even on the score of revenue. Mr. JACKSON said, it was the fashion of the day to favor the liberty of slaves. He would not go into a discussion of the subject; but he believed it was capable of demonstration that they were better off in their present situation than they would be if they were manumitted. What are they to do if they are discharged? Work for a living? Experience has shown us they will not. Examine what has become of those in Maryland; many of them have been set free in that State. Did they turn themselves to industry and useful pursuits? No, they turn out common pickpockets, petty larceny villains. And is this mercy, forsooth, to turn them into a way in which they must lose their lives; for when they are thrown upon the world, void of property and connexions, they cannot get their living but by pilfering. What is to be done for compensation? Will Virginia set all her negroes free? Will they give up the money they cost them, and to whom? When this practice comes to be tried there, the sound of liberty will lose those charms_which make it grateful to the ravished ear. But our slaves are not in a worse situation than they were on the coast of Africa. It is not uncommon there for the parents to sell their children in peace; and in war, the whole are taken and made slaves together. In these cases, it is only a change of one slavery for another; and are they not better here, where they have a master, bound by the ties of interest and law, to provide for their support and comfort in old age or infirmity, in which, if they were free, they would sink under the pressure of woe for want of assistance? He would say nothing of the partiality of such a tax; it was admitted by the avowed friends of the measure; Georgia, in particular, would be oppressed. On this account, it would be the most odious tax Congress could impose. Mr. SCHUREMAN hoped the gentleman would withdraw his motion, because the present was not the time or place for introducing the business. He thought it had better be brought forward in the House, as a distinct proposition. If the gentleman persisted in having the question determined, he would move the previous question, if he was supported. Mr. MADISON.-I cannot concur with gentlemen who think the present an improper time or place to enter into a discussion of the proposed motion. If it is taken up in a separate view, we shall do the same thing at a greater expense of time. But gentlemen say that it is improper to connect the two objects, because they do not come within the title of the bill; but this objection may be obviated by accommodating the title to the contents. There may be some inconsistency in combining the ideas which gentlemen have expressed, that is, considering the human race as a species of property; but the evil does not arise from adopting the clause now proposed; it is from the importation to which it relates. Our object in enumerating persons on paper with merchandise, is to prevent the practice of actually treating them as such, by having them in future forming part of the cargoes of goods, wares, and merchandise to be imported into the United States. The motion is calculated to avoid the very evil intimated by the gentleman. It has been said that this tax will be partial and oppressive; but if a fair view is taken of this subject, I think we may form a different conclusion. But if it be partial or oppressive, are there not many instances in which we have laid taxes of this nature? Yet are they not thought to be justified by national policy? If any article is warranted on this account, how much more are we authorized to proceed on this occasion? The dictates of humanity, the principles of the people, the national safety, and happiness, and prudent policy, require it of us. The Constitution has particularly called our attention to it; and of all the articles contained in the bill before us, this is one of the last I should be willing to make a concession upon, so far as I am at liberty to go, according to the terms of the Constitutiou or principles of justice. I would not have it understood that my zeal would carry me to disobey the inviolable commands of either. I understood it had been intimated, that the motion was inconsistent or unconstitutional. I believe, sir, my worthy colleague has formed the words with a particular reference to the Constitution; any how, so far as the duty is expressed, it perfectly accords with that instrument. If there are any inconsistencies in it, they may be rectified. I believe the intention is well understood, but I am far from supposing the diction improper. If the description of the persons does not accord with the ideas of the gentleman from Georgia, (Mr. JACKSON,) and his idea is a proper one for the committee to adopt, I see no difficulty in changing the phraseology. I conceive the Constitution, in this particular, was formed in order that the Government, whilst it was restrained from laying a total prohibition, might be able to give some testimony of the sense 1st CON.-12 [H. of R. of America with respect to the African trade. We have liberty to impose a tax or duty upon the importation of such persons, as any of the States now existing shall think proper to admit; and this liberty was granted, I presume, upon two considerations: The first was, that until the time arrived when they might abolish the importation of slaves, they might have an opportunity of evidencing their sentiments on the policy and humanity of such a trade. The other was, that they might be taxed in due proportion with other articles imported; for if the possessor will consider them as property, of course they are of value, and ought to be paid for. If gentlemen are apprehensive of oppression from the weight of the tax, let them make an estimate of its proportion, and they will find that it very little exceeds five per cent. ad valorem; so that they will gain very little by having them thrown into that mass of articles; whilst, by selecting them in the manner proposed, we shall fulfil the prevailing expectations of our fellow-citizens, and perform our duty in executing the purposes of the Constitution. It is to be hoped, that, by expressing a national disapprobation of this trade, we may destroy it, and save ourselves from reproaches, and our posterity the imbecility ever attendant on a country filled with slaves. I do not wish to say any thing harsh to the hearing of gentlemen who entertain different sentiments from me, or different sentiments from those I represent; but if there is any one point in which it is clearly the policy of this nation, so far as we constitutionally can, to vary the practice obtaining under some of the State Governments, it is this. But it is certain a majority of the States are opposed to this practice; therefore, upon principle, we ought to discountenance it as far as is in our power. If I were not afraid of being told that the representatives of the several States are the best able to judge of what is proper and conducive to their particular prosperity, I should venture to say that it is as much the interest of Georgia and South Carolina as of any in the Union. Every addition they receive to their number of slaves, tends to weaken and render them less capable of self-defence. In case of hostilities with foreign nations, they will be the means of inviting attack, instead of repelling invasion. It is a necessary duty of the General Government to protect every part of the empire against danger, as well internal as external. Every thing, therefore, which tends to increase this danger, though it may be a local affair, yet, if it involves national expense or safety, becomes of concern to every part of the Union, and is a proper subject for the consideration of those charged with the general administration of the Government. I hope, in making these observations, I shall not be understood to mean that a proper attention ought not to be paid to the local opinions and circumstances of any part of the United States, or that the particular representatives are not best able to judge of the sense of their immediate constituents. If we examine the proposed measure, by the 341 H. or R.] Duties on Imports. 842 [MAY, 1789. Those who agreement there is between it and the existing States were not in part repealed. had endeavored to discountenance this trade by Perhaps gentlemen contend against the introduction of the clause on too slight grounds. If it does not comport with the title of the bill, alter the latter. If it does not conform to the precise terms of the Constitution, amend it. But if it will tend to delay the whole bill, that, perhaps, will be the best reason for making it the object of If this be the sense of the coma separate one. mittee, I shall submit. Mr. GERRY thought all duties ought to be laid as equally as possible. He had endeavored to enforce this principle yesterday, but without the success he wished for; he was bound by the principle of justice, therefore, to vote for the proposition. But if the committee were desirous of considering the subject fully by itself, he had no objection; but he thought when gentlemen laid down a principle, they ought to support it generally. Mr. BURKE said, gentlemen were contending for nothing; that the value of a slave averaged about eighty pounds, and the duty on that sum at five per cent. would be ten dollars. As Congress could go no further than that sum, he conceived it made no difference whether they were enumerated or left in the common mass. Mr. MADISON.-If we contend for nothing, the gentlemen who are opposed to us do not contend for a great deal. But the question is, whether the five per cent. ad valorem on all articles imported, will have any operation at all upon the introduction of slaves, unless we make a particular enumeration on this account. The collector may mistake; for he would not presume to apply the term goods, wares, and merchandise to any person whatsoever. But if that general definition of goods, wares, and merchandise, is supposed to include African slaves, why may we not particularly enumerate them, and lay the duty pointed out by the Constitution, which, as gentlemen tell us, is no more than five per cent. upon their value. This will not increase the burden upon any; but it will be that manifestation of our sense expected by our constituents, and demanded by justice and humanity. Mr. BLAND had no doubt of the propriety or Mr. SHERMAN said the Constitution does not consider these persons as a species of property; it speaks of them as persons, and says, that a tax or duty may be imposed on the importation of them into any State which shall permit the same, but they have no power to prohibit such importation for twenty years. But Congress have power to declare upon what terms persons coming into the United States shall be entitled to citizenship; the rule of naturalization must however be uniform. He was convinced there were others who ought to be regulated in this particular, the importation of whom was of an evil tendency, he meant convicts particularly. He thought that some regulation respecting them was also proper; but it being a different subject, it ought to be taken up in a different manner. Mr. MADISON was led to believe, from the observation that had fallen from the gentleman, that it would be best to make this the subject of a distinct bill: he, therefore, wished his colleague would withdraw his motion, and move in the House for leave to bring in a bill on the same principles. Mr. PARKER consented to withdraw his motion under a conviction that the House was fully satisfied of its propriety. He knew very well that these persons were neither goods nor wares, but they were treated as articles of merchandise. Although he wished to get rid of this part of his property, yet he should not consent to deprive other people of theirs by any act of his, without their consent. The committee rose, reported progress, and the House adjourned. THURSDAY, May 14. A message from the Senate informed the House, that they had appointed a committee to confer with such committee as shall be named on the part of the House, to report what newspapers the members of Congress shall be furnished with during the session at the public expense. The petition of Archibald McLean, of the city of New York, printer, was presented, praying to be employed to execute such portion of the printing of Congress as they may think proper to allot him. A petition from the distillers of Philadelphia and its vicinity, suggesting the propriety of a greater difference in the duties on rum and molasses imported than had been proposed. Said petitions were ordered to lie on the table. The petition of Jedediah Morse presented some days ago, was referred to a committee, consisting of Messrs. HUNTINGTON, CADWALADER, and CON TEE; and that from the citizens of New Jersey, be referred to the Committee of Elections. A petition was presented from Englehart Cruse, praying for a grant of exclusive privilege for a term of years, to construct and vend within the United States, an improved steam engine, which he has invented, for raising water for the purposes of mills, manufactories, &c. Referred to the same committee to which Mr. Morse's petition is referred. DUTIES ON IMPORTS. The House then again went into a Committee on the impost bill, Mr. PAGE in the Chair. Mr. SMITH moved to add a clause allowing a drawback of ten per cent. on the duty payable on all goods imported in American vessels, owned and navigated according to law, by citizens of the United States; which was carried by a vote of 30 to 16. The committee then rose, and reported the bill with amendments; which, being agreed to by the House, it was ordered to be engrossed for a third reading. Adjourned. FRIDAY, May 15. [H. OF R. certain injuries which they have sustained under the operation of the acts of the late Congress, were presented to the House, and ordered to lie on the table. Mr. WHITE, one of the Representatives from Virginia, presented to the House a resolve of the Legislature of that State, of the 27th of December, 1788, offering to the acceptance of the Federal Government ten miles square of territory, or any lesser quantity, in any part of that State, which Congress may choose, to be occupied and possessed by the United States, as the seat of the Federal Government; which was read, and ordered to lie on the table. DUTIES ON IMPORTS. An engrossed bill for laying a duty on goods, wares, and merchandises, imported into the United States, was read a third time, and, on a motion made, ordered to be recommitted to a Committee of the Whole House immediately. The House, accordingly, resolved itself into the said committee; and, after some time, the committee rose, and reported the bill with amendments, which were agreed to by the House. Mr. MADISON made a motion further to amend the said bill, by adding to the end thereof a clause for limiting the time of its continuance. Mr. BLAND, from the committee appointed to confer with a committee of the Senate, in pre- Mr. AMES expressed a doubt of the propriety of paring proper rules to be established between the the motion. He thought the bill ought to be two Houses, for the enrolment, attestation, publi- commensurate with the wants of Government. cation, and preservation of the acts of Congress, Mr. FITZSIMONS.-For want of a proper knowand to regulate the mode of presenting the ad-ledge of the true situation of our affairs, we are dresses, and other acts, to the President of the unable to determine how far the present provision United States, made a report, which was read, is equal to the necessities of the Union, and this and ordered to be referred to a Committee of the circumstance will tend to add considerably to our Whole House. embarrassment in limiting the duration. If we make the time too short to supply the public wants, we shall not hold out to the public creditors a sufficient security for the punctual payment of their debts. If we should want to raise money by a loan, we could only expect it according to the duration of the fund: this makes the present motion a subject of serious consideration. Not that I object to what the gentleman has in contemplation, but I wish such language to be used that shall designate the continuation of the law to be till the wants are supplied, and thereafter cease. I am not of opinion that it should be for half a century, because I hope our national debt will be extinguished in much less time; but really I must confess, at this moment, I feel considerable embarrassment in determining in my mind the period for which it should exist, whether an enumerated term of years, or a general declaration during the continuance of the public wants. Ordered, That Mr. SYLVESTER, Mr. WYNKOOP, and Mr. SMITH (of South Carolina,) be a committee to confer with the committee appointed by the Senate, to report what newspapers the members of Congress shall be furnished with at the public expense; and that it be an instruction to the said committee, on the part of this House, to receive proposals for printing the acts and other proceedings of Congress, and report thereupon. The several petitions of Francis Childs and John Swaine, and of Samuel Loudon and Son, praying to be employed in the printing business of Congress, were presented to the House, and, together with the petition of Archibald McLean, presented yesterday, to same effect, ordered to be referred to the committee last appointed. Several other petitions of the citizens of New Jersey, praying that the elections of Representatives from that State may be declared valid, were presented to the House, and ordered to be referred to the Committee of Elections. A petition of the Baron de Glaubeck, praying the consideration of Congress for certain losses and military services during the late war; also, a petition of Bartlett Hinds, a wounded officer in the Massachusetts line of the late Continental army, in behalf of himself and the Continental pensioners in that State, praying relief against I think it will be necessary specially to appropriate this revenue: indeed, I think all revenue should be appropriated at the time it is granted; but our want of knowledge respecting our situation makes it impracticable to direct a special appropriation at this time. Hence I cannot see what ought to be the decision of the House on the present motion. I think something of this kind ought to be done, but I cannot say particularly what. I believe other gentlemen will, on this occasion, find it easier to see the difficulty than to obviate it; but I hope those who have considered it will give their sentiments to the House, in order to enable us to form a judgment of what may be most expedient and proper. Mr. LEE thought the operation of the law could not be well understood; that it was a system of experiment, and ought to be temporary, in order that a future Congress might make such amendments as time should discover to be necessary. How perfect soever the theory might appear, practice might prove it otherwise; he therefore wished its operation limited for three or five years. He thought it would be wise in the House to adopt the motion, in order to prevent any injustice which a permanent and imperfect regulation might have on posterity. He expected this would beget confidence in the Government, which was to him a very desirable object. Mr. WHITE. The Constitution having authorized the House of Representatives alone to originate money bills, places an important trust in our hands, which, as their protectors, we ought not to part with. I do not mean to imply that the Senate are less to be trusted than this House; but the Constitution, no doubt for wise purposes, has given the immediate Representatives of the people a control over the whole Government in this particular, which for their interest they ought not to let out of their hands. Besides, the Constitution says further, that no appropriation shall be for a longer term than two years, which of consequence limits the duration of the revenue law to that period; when, if it is found conducive to the public welfare, it may be continued by the legislators appointed by the people, and who alone are authorized to declare upon this question in the first instance. As to the restoration of our credit, or procuring of loans; if those who have money to lend, have confidence in our Government, and that confidence can only be regained by a punctual discharge of our engagements, we shall be able to draw the advantages from those causes which we formerly did. It was sufficient heretofore, and from the energy of the Government it is now more worthy of trust. Mr. LIVERMORE hoped but little time would be taken up in the discussion of this subject, the people were anxiously waiting the result of their deliberations; beside, the impost was daily slipping away. He had no doubt of the propriety of the motion, because from the acknowledged imperfections of the bill, it would never do for a permanent system. If the people, who consider themselves subjected to very high and very unequal duties, find no termination of the grievance, they will immediately adopt measures in their defence, to thwart the views of Government; but if they understand the law as temporary, and only passed in order to gain experience for forming a better system, they will be induced to give it fair play, and bear the burden without complaint, trusting to the wisdom and justice of Congress for such alterations as practice may show to be necessary. [MAY, 1789. Besides, the objects for which the revenue is now wanting, will decrease annually; this will be an additional reason for limiting its duration. He was not for a very short term, he thought five, seven, or ten years would be more eligible than two or three, but he was decidedly against making it perpetual. Mr. SINNICKSON had understood that one of the objects of the bill was the re-establishment of public credit; but it never could be imagined that a law, limited to three or four years, could do this in any great degree; nor could any advantage arise from loans negotiated and terminated within such a short period. Under these impressions, he conceived the motion struck at the credit of the new Government, which the people had just established. If the law was discovered to operate unequally, it might be amended by a future Legislature, who would take care to supply new funds to replace those which were either given up or reduced. Mr. MADISON.-When he offered this amendment to the bill, he thought its propriety was so obvious and striking, that it would meet no opposition. To pass a bill, not limited in duration, which was to draw revenue from the pockets of the people, appeared to be dangerous in the administration of any Government; he hoped, therefore, the House would not be less cautious in this particular than other nations are, who profess to act upon sound principles. He imagined it might be considered by their constituents as incompatible with the spirit of the Constitution, and dangerous to republican principles, to pass such a law unlimited in its duration. He hoped it would not be understood by gentlemen who opposed his motion, that he supposed them to be actuated with a desire to do injury to either of those principles; he believed them to be moved only by an ardent desire to promote the general welfare, by the re-establishment of public credit. He would heartily join his labors with theirs, to effect this object, but wished to do it in a way, that while they served their country, they might secure the liberties of the people, and do honor to themselves. Besides the restoration of public credit, he thought the act had in view the encouragement of a particular description of people, which might lead them into enterprises of a peculiar nature, for the protection of which the public faith seemed to be pledged. But would gentlemen infer from hence, that no alteration ought to take place if the manufactures were well established? The subject appeared to him in a twofold point of view; first, to provide for the exigencies of Government, and second, for the establishment of public credit; but he thought both these objects could be obtained without making the bill perpetual. If the Government showed a proper attention to the punctual performance of its engagements, it would obtain the latter; the other would be secured by making provision as the occasion demanded. If the bill was to be made perpetual, it would be continued after the purpose for which it was adopted had ceased; the error would in this case be irremediable; whereas, |