Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-05-09

in question. Such a construction, sir, is
hostile to the obvious import of the
language made use of BY the trainers of
the constitution, and still more hostile to
the genius of our government, which in
tends to open its bosom as an asylum,
and invite emigration. But that the
word Importation was intended to APP
ply to slaves is admitted on all hands,
and, if so, would ask, why insert the
word migration directly after it, and
leave them both to apply to the word
persons, without disting uishing between
the kinds of persons on whom they were
respectively to operate? But, Mr..
Chairman, we are fortunately provided
with the journal of that convention who
bequeathed to this nation Il rust) the
eternal charter of our liberties, the federal
constitution; and, as this clause ofthat
constitution is 10 have an important bear
ing upon this subject, according to the
view | take of it, | beg leave to ask the
attention of the committee to such part
otit history as | conceive calculated to
shed any light upon the subject.
In the 4th section of the 9TH article of
the report of the committee of FIVE, who
reported to the convention the plan of
constitution, the following proposition
will be found: " No tax or duty shall be
laid by the Legislature, (meaning Con-
gress,) on articles exported from any
state; nor on the migration or importa-
ton OF such persons as the several states
shall think fit to admit; nor shall such
migration or importation be prohibited"
BY this proposition it will be seen, that
no tax was to be imposed either on mi
grafton or importation. Nor was such
migration or importation ever to be pro-
hibited by Congress. When this report
OF tho committee was taken up in the
convention, it was moved to insert the
word free before 'persons,' and there
by defeat the restriction which was in
tended to be imposed on the power of
Congress, TO tax the importation and
migration of slaves. The question not
being taken on that day, the proposed
amendment was, on the following day,
withdrawn, leaving the slaves as yet free
from taxation, and placing it beyond the
power of Congress to prohibit their i'm
portation or migration, wheresoever the
states might think fit to admit them.
Bot, sir, previous to this period, the
great question ofapportioning the repre-
sentation had been discussed for near
forty successive days; and it was readily
seen by the members from the non-slave
holding states, that if they permitted the
perpetual importation of slaves, and al
so the migration of those slaves, into the
new states, that, from the great number
that might be imported, and that might
migrate with their owners into the new
states, the balance of power might al
ways be held against them by the ac
cumulaion of slave representation they
therefore moved to commit that clause
to a committee for compromise and
amendment; and the committee accord
ingly reported, two days thereafter, the
following amendment as substitute for
the clause committed: The migration
or importation of such persons as the
several states noTv e2-isting shall think
proper to admit, shall not be prohibited
by the Legis lature, (meaning Congress-
prior 10 the year 1900, but a tax or duty
may be imposed on such migration or
importation, at rate not exceeding the
average of the duties laid on imports"
BY this proposed amendment, Mr..
Chairman, it will be seen that the right
of importation and migration was to be
confined TO such states then existing, as
might think proper to admit them; and
also to leave Congress to the exercise
of its sovereign power on these sub
jects, which embraced the right of Pro-
hibiting their migration or importation,
after the year 1900. But the right to
lay tax both upon importation and mi
grafton, according to the average duties
laid on imports, was still reserved.
This provision, however, did not suit
the views ofthe southern states, and, &C
cordingly, on the next day it was moved
20 extend the restriction to 1908: and It
was agreed to. But, lest it should be
misunderstood as TO what description Of
persons this provision wis intended to
apply, it was on the same day moved to
substitute the following initead ofthe be-
fore recited clause: 6 The importation
of slaves into such states as shall permit
the same, shall not be prohibited by the
Legislature of the United States until
the year $685." This proposition, be-
cause it used the obnoxious term
slaves" because it did not except new
states, and because it reserved no right
to impose a tax on sueh importation,
was promptly rejected