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FEBRUARY, 1804.

Importation of Slaves.

H. OF R.

surprised at this anxiety, as, by gaining a delay of | ject is calculated to produce unpleasant impres

sions on this floor and elsewhere, I shall vote for the postponement to December.

one year, that State might be saved from the payment of above one hundred thousand dollars. Mr. E. said he came from a Southern country, where slaves were as much a subject of taxation as lands; and he did not know that the statute books of Virginia or South Carolina were stained by imposing taxes upon them. He believed them as fair a subject of taxation as any other species of property. He believed it as fair to lay taxes upon them as to make the poor pay a tax upon brown sugar and other articles of the first necessity. For these reasons he was against the post-distant day to which it was proposed to postpone ponement either to December or March.

Mr. R. GRISWOLD considered a postponement till December as destructive to the bill. He said he would as soon meet it on its merits, but being prepared, as far as his vote went, to reject the bill, he should vote for what he considered equivalent, a postponement to December. He did not think it proper for the House to go into the measure contemplated by the bill. There were but two principles that would justify the laying a duty on imported articles: the one to discourage the importation of particular articles, and the other with a view to revenue. As to the first principle, under the Constitution as it at present stood, Congress had no right to interfere; as the States had an undoubted right to admit the importation of slaves until the year 1808. The Constitution, on this point, had gone so far as to restrict the right of the General Government to a tax not exceed ing ten dollars upon each slave imported. This would not amount to a prohibition or prevention of the importation. Congress was, therefore, precluded the right of taxing, with this view, until the year 1808. This part of the argument, on which gentlemen support the measure, must be laid, therefore, out of view. The question then recurs, whether we shall lay this tax for purposes of revenue? For one, (said Mr. G..) I am unwilling to do this. I abhor the slave trade as much as any member on this floor, and therefore I will not consent to give it a legislative sanction. For this measure will certainly be viewed in that light by the people of this country and by the civilized world. It will appear to the world that Congress are raising a revenue from a commerce in slaves. I am not for introducing such a law, calculated to have this impression, on our statute books. Were it in our power to prohibit the trade, there is not, I . trust, a member on this floor that would not unite in the prohibition. But on this point our hands are tied. We can only avail ourselves of the trade as a subject of revenue. The sum likely to be raised from this tax may be as great as has been mentioned; but if the raising of it be connected with the passage of a law that recognises a traffic in human flesh, so far as fixing the price at which it may be freely carried on, will have this effect, I, for one, must protest against it.

Viewing this tax in the aspect of revenue, there does not appear to be any occasion for it. We have no report from the Secretary of the Treasury that the Treasury is deficient in receipts. For these reasons, said Mr. G., and because this sub

Mr. GREGG observed, that when this subject was on a former day before the House, he assigned his reasons, at some length, in favor of a postponement. The same reasons would influence his vote this day, and he should not trouble the House with a repetition of them. He only rose to suggest to his colleague that, by attending to one consideration, he would be induced, he thought, to change his opinion, and to vote for the most this subject. It had been stated by a gentleman from South Carolina, and he believed correctly stated, that by the law lately passed in South Carolina, a considerable ferment had been excited in that State, and that it was probable that the Legislature would, at their next session, repeal it. If it were probable that they would repeal this law in April, it appeared to him improper to pass an act that would operate as a censure upon the conduct of that State.

Mr. ALSTON was surprised how it was that he and his worthy friend from Virginia (Mr. EPPES) differed so widely upon the present occasion, living, as it were, in the same country, and owning property of the same kind, and pursuing the same means of obtaining a living. My friend advocates the resolution for laying a tax of ten dollars on each slave imported into the United States, because a considerable revenue will be derived from such a tax; it is for that very reason that he opposed it, because he would not consent to pass a law which had for its operation a partial effect. Can it be right to pass a law which will impose a heavy tax upon one part of the community, and not a cent upon the other? No State in the Union would be affected except South Carolina. Gentlemen ought to take care how they acted towards a sister State, and a respectable one too.

Whenever a tax is to be laid by Congress, such objects of taxation should be selected as would apply generally to every part of the Union. In the present case, it was impossible that the contemplated tax would be general; for in some of the States in this Union slavery was prohibited by their constitution-they had incorporated a clause which prevented a slave from being carried into them. How then, sir, can the effect of the resolution now before you have an uniform operation, if it should be adopted, and a law passed in conformity thereto? He therefore hoped it would not obtain; at the same time he wished it to be understood that he was not friendly to the slave trade, and could the resolution now under consideration operate equally throughout the Union, he would have no objection to it. Viewing the thing, therefore, as he did, as calculated to cause discontent and uneasiness to so respectable a State as that of South Carolina. he could not but hope that however much gentlemen might be opposed to the slave trade generally, that in the present case, under all existing circumstances, they would permit it to remain as it was: perhaps South Carolina would revoke what she had done,

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and everything become quiet upon the subject before the next session of Congress. This is an extremely delicate subject, and one in which the feelings of almost the whole Southern country are always alive. Why will gentlemen choose to agitate it upon this floor? It can answer no good purpose. Those gentlemen who are not interested in this description of property ought to let us alone, and permit us to enjoy it as the necessity of the case requires.

FEBRUARY, 1804.

we shall find that when a duty is laid on a foreign article of the like description with that raised in the United States, it operates as a premium on the latter. In the same proportion will the proposed tax enhance the value of slaves at present within the United States.

Gentlemen say the proposed tax will legalize the trade, and render it the duty of the United States to protect it. This argument is conclusively answered by asking, whether any vessel sailing under the flag of the United States, and

protection of the Government? by asking whether a vessel sailing to the coast of Africa, and there kidnapping negroes, under the authority of a State, is not as much entitled to protection as any other vessel, however differently engaged? On this point our laws know of no distinction. All vessels, engaged in unforbidden traffic, are entitled to the same protection. So that we shall not, by imposing this tax, legalize the trade, to any further extent than it is already legalized by the existing state of things.

Mr. JACKSON said, if he were of opinion that the law of South Carolina, allowing the importa-pursuing a lawful commerce, is not entitled to the tion of slaves, would be repealed before the occurrence of the baleful effects to be apprehended from it, he might be in favor of the proposed postponement. But, when he recollected that the gentleman (Mr. LOWNDES) who first rose in opposition to the imposition of a tax, stated the defective measures of the United States in preventing an illicit trade from being carried on, as one of the grounds of the act of South Carolina, he was induced to believe that the Legislature of that State would not repeal a law enacted under such circumstances. The observation of the gentleman that, notwithstanding persons carrying on this traffic, when illicit, were subjected to a fine not exceeding two thousand dollars, one thousand of which were to go to the informer, and to imprisonment not exceeding two years, there were no prosecutions and no convictions, induced him (Mr. J.) to believe that the trade was favored by South Carolina, and that, of consequence, that State would not consent to repeal the law.

The gentleman from South Carolina alleges that, if this tax is contemplated to prevent the importation of slaves, it will not have the effect intended. But, although it might not have this effect, Mr. J. was anxious that Congress should oppose to it all the obstacles in their power. Believing that the interests of the United States were deeply implicated in the measure, and that if anything will induce the people of South Carolina to repeal the law, it would be an evidence of the opinion entertained respecting it by the collected representation of the nation, he should vote most cordially against the postponement.

Mr. J. said, he was induced to view the postponement as intended entirely to defeat the object of the bill, and he should therefore vote against a postponement to any day, however near, under Mr. RODNEY said, he should not have troubled the hope that the session would be soon termi- the House with any remarks on the present occanated. He contended that if a postponement was sion, had he not made up his mind to vote differeffected for one year, or to the first Monday in ently from the vote which he had before given. March, the effect produced would be the same- He said he had before voted against the postponean entire frustration of the measure. He had no ment of the consideration of this subject; he doubt that a delayed interposition would, by per- should now vote in favor of a postponement; and mitting, in the meantime, importations to a great he would, in a few words, assign his reasons. extent, supersede the necessity of all interference. When the resolution for imposing a tax on imBefore the next session, it was probable that one ported slaves was first laid on the table, he was of or two hundred thousand slaves would be intro- opinion that he could not vote for it without sancduced, or, at any rate, as many as would fully tioning the practice it was meant to censure. Resupply the market. If, therefore, it is our inten-flecting further, he afterwards got his own contion to legislate at all on this subject, let us take time by the forelock, and act now or never.

sent to vote for it. First thoughts were frequently best; we sometimes miss the mark by taking sight too long. In this instance, after a more mature consideration, his mind inclined to his original opinions, for reasons which he would assign.

Without entering into a consideration of the arguments, urged the other day, I will advert to the argument used to-day by the gentleman from South Carolina, who compares the proposed duty It was agreed, on all hands, that the conduct of to a tax on agriculture, and thence infers its im- the Legislature of South Carolina was such as policy. Anything which tends to depreciate the not to merit the disapprobation of the members of price of articles here by importations from abroad that House. On many occasions there were pois an injury to agriculture. What will be the re-litical dissensions within these walls. But he sult of the additional importation of slaves? Our agriculture will produce beyond our necessities, and in proportion to that increase will the surplus articles raised and the price of labor be diminished. The proposed tax will repress the importa tion of slaves, and thus prevent, in some degree, this effect. For, if we advert to the import duties,

rejoiced that, when questions of this kind presented themselves, they were sure to find us unanimous. Inhumanity was considered as a common enemy, and so inhuman a practice was justly reprobated by all. Every gentleman from the South, as well as the East, deprecated the act and lamented its existence.

FEBRUARY, 1804.

Importation of Slaves.

H. OF R.

There is one view in which the passage of this we shall proclaim to every stranger and sojournact would be extremely improper. If it were iner, the moment he sets his foot on American

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their power to lay a duty on the importation of earth, the ground on which he stands is holy and slaves, that would amount to a prohibition, they consecrated by the genius of universal emanciought not to hesitate. But they had no such pation. No matter in what language his doom power. If we have not, said Mr. R., we ought to may have been pronounced; no matter what hesitate before we assume the moral chair, and complexion, incompatible with freedom. an Inimpose upon the proceedings of an independent dian or an African sun may have burnt upon State, a censure, however just. If we do not pos- him; no matter in what disastrous battle his libsess the power, we ought to pause and consider erty may have been cloven down; no matter the natural effects of the proposed measure, before with what solemnities he may have been devoted we go into it. If the tax will not prohibit the on the altar of slavery; the first moment he trade, upon what principle can it be passed or jus-touches the sacred soil of America, the altar and tified? Can it be passed with the view of bring-the god shall sink together in the dust; his soul ing into the public coffers a certain sum? Is it from so impure a fountain that streams are to flow to enable the Government to meet the national emergencies? If this is its object, I will put a striking case. Suppose all the expenses of the Government of the United States would be defrayed by a tax on the slave trade, would gentlemen grasp it on this account? would they agree that a nation of freemen should support their Government by a tax on slaves? Would they proclaim to the world that a free nation existed by slavery? If they would prohibit the trade by taxation, it would not be worth a cent.

Another consideration ought to have weight. It is very probable that the Legislature of South Carolina passed the law from the impulse of the moment, for it has been declared on this floor that the people of the State are not friendly to it, that it excites a feeling in the community, and that when the Representatives shall be fully apprized of the sentiments of their constituents, they will repeal the law. If we enact the bill on the table, we give it our sanction, and the opinion will go forth to that State that slaves may be rightfully imported on the payment of the tax, and this impression will undoubtedly add to the number imported. I do not know that we can act better to the Legislatures of the several States, than in the language of the poet:

"Be to their faults a little blind,

And to their virtues very kind."

We had better, then, delay acting on this business until the general sentiment of the State shall be ascertained. If we believe, as we have reason, the general sentiment hostile to the act, let us give it an opportunity deliberately to express itself, without the infliction of a censure that, by creating irritation in the minds of her citizens, may tend to frustrate the end we all have in view. In this view, I am in favor of the postponement. No man can ascribe to me a friendship to slavery. I have been uniformly and warmly opposed to it. To blot it out of the pages of our country is one of the objects nearest my heart. In my own State I have hitherto maintained an unequal conflict on this subject. But great is the force of truth, and it will prevail. No person can abhor and detest the miserable traffic in human flesh more than I do. I hope to live to see the day, when, to use the language of an eloquent advocate, "liberty 'shall become commensurate with our soil. When

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shall walk abroad in her own majesty; his body shall swell beyond the measure of his chains, which burst from around him, and he shall stand redeemed, regenerated, and disenthralled by the great genius of universal emancipation."

But it is impossible, with our limited powers, by a mighty fiat of legislation, to effect this great object. I am unwilling, therefore, to legislate unless we can legislate with effect. I trust, then, we shall agree to the postponement, and thereby give to the freemen of South Carolina an opportunity of expressing their deliberate opinion on the act recently passed by the Legislature, and which, I trust for the honor of the State, will occasion its repeal.

Mr. ELMER Considered the question of postponement as that which, in its decision, would determine the passage of the bill. He believed that the principle of the bill was predicated on a sound principle of morality and political economy. He was sorry that existing circumstances brought before Congress a question of this kind, calculated to affect the feelings of gentlemen who represented some of the Southern States; but, being brought up, it ought to be met fairly and fully. If the proposed measure is not bottomed on sound political principles, it ought to be rejected; but, if it is so bottomed, it ought to pass.

Mr. E. did not see that this measure had any pointed relation to South Carolina in particular. If agreed to, it will only appear that Congress are hostile to the importation of slaves, and have, therefore, passed a law laying the only imposition on them authorized by the Constitution. It was generally understood to be the sense of the people of the United States, that the importation of slaves was improper. But, in the formation of the Constitution, the States had reserved to themselves the right of importation until the year 1808. They have, therefore, at present, the clear Constitutional right to import them. But the Constitution has given to the Government of the United States another right; that of taxing the slaves imported, to a certain amount. It declares that the General Government shall not prohibit the importation of slaves, but that it may benefit the Treasury by taxing them.

Mr. E. said he considered it a sound principle of finance to tax those articles whose importation operated most injuriously to society. In this view, slaves were the fairest subject of taxation. On these articles, as on others, those who use them

H. OF R.

Importation of Slaves.

FEBRUARY 1804.

will pay the tax imposed. To him it was strange
reasoning to say, because a tax of ten dollars will
not entirely prohibit the importation, it will there-
fore not decrease it. He, on the contrary, verily
believed that fewer ships would be fitted out for
carrying on this traffic, after the passage of this
law, than are at present. Those who carry on the
trade will calculate their profits, which will be
diminished by as much as the tax amounts to;
which will, to its extent, operate as a discourage-bate, prevailed-ayes 56, noes 50.
ment to the trade. If a tax of two hundred dollars
would prohibit the trade altogether, it may be
fairly inferred that, under a tax of ten dollars, not
more than nineteen twentieths of the number that
would otherwise be imported will be introduced,
and perhaps a lesser number.

Sands, Ebenezer Seaver, James Sloan, John Smilie,
John Smith of New York, John Smith of Virginia,
Henry Southard, Richard Stanford, Joseph Stanton,
William Stedman, John Stewart, Philip R. Thomp-
son, Abram Trigg, John Trigg, Isaac Van Horne,
Joseph B. Varnum, Matthew Walton, Marmaduke
Williams, and Joseph Winston.

Mr. FINDLEY moved a postponement to the second Monday in March; which, after some de.

[To prevent an erroneous impression being made on the public by the above proceedings, it is proper to remark that, during the whole discussion, not a single voice was raised in defence of the act of the Legislature of South Carolina, allowing the importation of slaves; but that, on the Mr. E. could not see the least impropriety in contrary, while by some of the speakers its immothe proposed tax, on national principles. It is al- rality and impolicy were severely censured, by all leged that its operation will be partial. It was its existence was deprecated. A large number of unnecessary to inquire in what parts of the Union those who voted for the postponement, advocated the objects of this tax principally existed. Wher-it on the express and sole ground that it would ever they are found advantageous they will exist; give the Legislature of South Carolina an opporit is, besides, in the power of any State, feeling a tunity, which they believed would be embraced, repugnance to the tax, to get rid of it by disallow- to repeal the act.] ing the importation.

For these reasons, and for others already urged, Mr. E. said he should vote against the postpone

ment.

After a few additional remarks from several gentlemen, the question was taken by yeas and nays on a postponement to the first Monday in December, and passed in the negative-yeas 55, nays 62, as follows:

SATURDAY, February 18.

Mr. EPPES offered the following resolution: Resolved, That a committee be appointed to inquire whether the moneys drawn from the Treasury of the United States on account of the Marine Corps, from faithfully applied to the public service, in conformity to year 1798 to the end of the year 1803, have been

the

existing laws.

The resolution was immediately taken up, agreed to, and referred to Messrs. EPPES, SANDS, MCCREERY, LEIB, and BOYLE.

Mr. MOORE offered a resolution instructing the Committee of Commerce and Manufactures to inquire into the expediency of authorizing the President of the United States to employ persons to explore such parts of the province of Louisiana as he may think proper; and to report their opinion thereupon to the House.

YEAS-Willis Alston, jun., Nathaniel Alexander, Silas Betton, William Blackledge, Walter Bowie, John Boyle, William Butler, George W. Campbell, John Campbell, Levi Casey, Martin Chittenden, Thos. Claiborne, Joseph Clay, Jacob Crowninshield, Manasseh Cutler, Richard Cutts, John Davenport, John Dawson, William Dickson, Thomas Dwight, John B. Earle, Peter Early, James Elliot, William Eustis, John Fowler, Edwin Gray, Andrew Gregg, Samuel Hammond, Wade Hampton, Seth Hastings, James Holland, Benjamin Huger, Walter Jones, Michael Leib, Thos. Lewis, Thomas Lowndes, Matthew Lyon, Andrew Mr. M. said, it was scarcely necessary to make McCord, David Meriwether, Nahum Mitchell, Thomas any remarks on the object of this resolution. The Moore, John Randolph, John Rhea of Tennessee, Government were not in possession of a good geCæsar A. Rodney, Thomas Sandford, Tompson J. Skin-ographical description of Louisiana, which it was ner, John Cotton Smith, James Stephenson, Samuel Taggart, Samuel Tenney, Killian K. Van Rensselaer, Daniel C. Verplanck, Peleg Wadsworth, Richard Winn, and Thomas Wynns.

NAYS-Isaac Anderson, John Archer, Simeon Baldwin, David Bard, George Michael Bedinger, Robert Brown, Joseph Bryan, William Chamberlin, Clifton Claggett, Matthew Clay, Frederick Conrad, Ebenezer Elmer, John W. Eppes, William Findley, James Gillespie, Peterson Goodwyn, Thomas Griffin, Gaylord Griswold, John A. Hanna, William Helms, William Hoge, David Holmes, David Hough, John G. Jackson, William Kennedy, Nehemiah Knight, Joseph Lewis, junior, Henry W. Livingston, John B. C. Lucas, William McCreery, Samuel L. Mitchill, Nicholas R. Moore, Jeremiah Morrow, James Mott, Anthony New, Thomas Newton, junior, Gideon Olin, Oliver Phelps, Thomas M. Randolph, John Rea of Pennsylvania, Jacob Richards, Erastus Root, Thomas Sammons, Joshua

very desirable that they should possess, inasmuch as its limits were not completely designated in the articles of cession, and as the time might not, perhaps, be distant, when its boundaries may be a subject of negotiation between the former owners of the province and the United States.

The resolution was agreed to-ayes 53. Mr. MITCHILL, from the Committee of Comsubject of laying duties for the support of lightmerce and Manufactures, made a report on the

houses.

The report is accompanied with several documents, and concludes with a resolution that a duty of forty cents a ton be laid on foreign vessels entering the ports of the United States, for the support of light-houses.

The House took up the report of the Committee of the Whole on the bill making provision for

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persons disabled by known wounds received during the Revolutionary war.

Mr. ELLIOT moved the following amendment, which was agreed to without a division:

"And also all those persons who, in consequence of known wounds received in the actual service of the United States, during the Revolutionary war, have, at any period since, become disabled in such manner as to render them unable to procure a subsistence by manual labor."

The further consideration of the bill was then postponed to Tuesday next.

A message was received from the Senate stating that they had passed a bill relating to the recording and registering vessels in the district of New Orleans.

The bill allows all the inhabitants of Louisiana, on the 30th of April last, to obtain registers-Referred to a Committee of the Whole on Monday. On motion of Mr. LEIB,

Resolved, That it is expedient to abolish the office of Lieutenant Colonel Commandant of the Marine Corps.

Ordered, That a bill or bills be brought in, pursuant to the said resolution; and that Mr. LEIB, Mr. LEMUEL WILLIAMS, and Mr. JACKSON, do prepare and bring in the same.

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"Whether any, and, if any, what additional allowance ought to be made for the expense of surveying the lands in the Mississippi Territory;

“Whether any, and, if any, what alterations ought to be made in such parts of the act aforesaid as provide for laying out the public lands in the said Territory into townships and sections, and for disposing of the same agreeably to that plan;

"Whether any, and, if any, what reduction in the price and quantity of land ought to be made in favor of those settlers who hold, under the third section of the said act, a right of pre-emption only;

MONDAY, February 20.

H. OF R.

A message from the Senate informed the House that the Senate have passed a bill, entitled "An act erecting Louisiana into two Territories, and providing for the temporary government thereof;" to which they desire the concurrence of this House.

The said bill was read twice, and committed to a Committee of the Whole House on Wednes-day next.

A memorial of William Eaton was presented to the House and read, stating that, during his residence at Tunis, in Barbary, as Consul and Agent of the United States, he incurred certain expenses which are deemed not to come within Executive discretion; that he has also received, in his capacity aforesaid, from the King of Denmark, "a token of satisfaction," for services rendered to subjects of Denmark, and praying that Congress will indemnify his said expenses, and decide upon the Constitutional propriety of his retaining "the token of satisfaction," aforesaid. Referred to the Committee of Claims.

A memorial of sundry merchants of the city of New Orleans, in the province of Louisiana, was presented to the House and read, stating the great inconveniences under which they labor, through the want of an extension to them of the laws of the ties on their exports and imports, according to the United States; that they are yet subject to duSpanish tariff; and that for want of proper documents to navigate with, their ships and vessels are laid up in a perishing state; and praying that Congress will make provision for their relief in the premises.

to the Committee of the Whole to whom was Ordered, That the said memorial be referred committed, on the eighteenth instant, the bill sent from the Senate, entitled "An act relating to the recording, registering, and enrolling of ships or vessels in the district of Orleans."

Mr. LEIB, from the committee appointed on the eighteenth instant, presented a bill to repeal the act fixing the rank and pay of the commanding officer of the Corps of Marines; which was read twice, and committed to a Committee of the Whole House to-morrow.

The House resolved itself into a Committee of the Whole on the bill to authorize the courts of the United States to appoint commissioners to take depositions of witnesses out of court, to administer oaths to appraisers, and for other purposes. The bill was reported with an amend"Whether any, and, if any, what further time ought to be allowed for laying in of claims before the regis-ment; which was read twice, and agreed to by

the House.

Ordered That the said bill, together with the amendment, be engrossed, and read the third time

to-morrow.

ters of the land offices in the Territory aforementioned; "Whether it be expedient to exempt from a re-survey such tracts of land as are held by titles legally and fully executed; and likewise such tracts, the quantities of which are already ascertained, and the titles to Resolved, That a committee be appointed to inwhich are confirmed by the act aforesaid; and quire whether any, and, if any, what, alteration "Whether an act of Congress be necessary to le- ought to be made in the times of holding the disgalize the proceedings of the commissioners for the district court in the State of Rhode Island; and trict east of Pearl river, in consequence of their not that they report by bill, or otherwise. having met on or before the first day of December last, agreeably to the sixth section of the act abovementioned."

Ordered, That Mr. STANTON, Mr. CUTLER, and Mr. THOMPSON, be appointed a committee, pursuant to the said resolution.

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