At that crisis, in the very greenness of the immature youth of the Constitution, when it was least able to bear the shock of sectional collision, Mr. Madison, Southerner as he was, steadily opposed his friends from the South and successfully advocated the commitment of the petitions. I submit to the House his speech, as I find it very briefly reported in the newspapers of that day.
"Mr. Madison observed, that it was his opinion yesterday that the best way to proceed in this business was to commit the memorial without any debate on the subject. From what has taken place, he was more convinced of the propriety of the idea. But, as the business has engaged the attention of many members, he would offer a few observations for the consideration of the House. He then entered into a critical review of the circumstances respecting the adoption of the constitution, the ideas upon the limitation of the power of Congress to interfere in the regulation of the commerce in slaves, and showing that they undoubted were not precluded from interposing in their importation, and generally to regulate the mode in which every species of business shall be transacted. He adverted to the Western country, and the cession of Georgia, in which Congress have certainly the power to regulate the subject of slavery, which shows that gentlemen are mistaken in supposing that Congress cannot constitutionally interfere in the business in any degree whatever. He was in favor of committing the petitions, and justified the measure by repeated precedents in the proceedings of the House."
I produce this speech, not for the purpose of adopting all its views, for some of them I confess are new to me, and such as I have not had time or means to investigate, but in order to show conclusively what Mr. Madison deemed wise and proper to be done in a contingency so precisely like the present. Accordingly, all the petitions were committed to a select committee; that committee made a report; the report was referred to a committee of the whole House, and discussed on four successive days; it was then reported to the House with amendments, and by the House ordered to be inscribed in its journals, and then laid on the table.
That report, as amended in committee, is in the following words: "The committee to whom were referred sundry memorials from the people called Quakers; and also a memorial from the Pennsylvania society for promoting the Abolition of slavery, submit the following report, (as amended in committee of the whole.)
"First, That the migration or importation of such persons as any of the States now existing shall think proper to admit, cannot be prohibited by Congress prior to the year 1808."
"Secondly, That Congress have no power to interfere in the emancipation of slaves, or in the treatment of them, within any of the States: it remaining with the several States alone to provide any regulation therein which humanity and true policy may require."
"Thirdly, That Congress have authority to restrain the citizens of the United States from carrying on the African slave trade, for the purpose of supplying foreigners with slaves, and of providing, by proper regulations for the humane treatment, during their passage, of slaves imported by the said citizens into the States admitting such importations."
"Fourthly, That Congress have also authority to prohibit foreigners from fitting out vessels in any part of the United States for transporting persons from Africa to any foreign port."
Now, I entreat the House to call to mind the effect of these proceedings. There was no insurrection, no servile war, no agitation in the South. Congress calmly and considerately examined the whole broad question, not of the slave trade only, but also of the slave interest. It decided how far it could go, and how far it would go. Its decision went forth to the world, and settled the questions involved in it, as it were, forever. Nearly fifty years have since elapsed, and I am not aware that the points then adjudged have at any time since been drawn into debate or controversy. And I do declare my solemn conviction, that if the House would now pursue the same course, and dispassionately determine what it can or cannot do, and make that determination known to the country in a respectful way, the result would be precisely the same in this vexed question of the District of Columbia.
Entertaining these opinions of the course to be pursued, I beg of gentlemen to look at the question, as I have done, in a calm review of facts and of principles. They deprecate all agitation unfriendly to the peace and reciprocal good-will of the different sections of the country. So do I, most heartily; and in my own humble sphere I have earnestly exerted myself to this end. And I do, unwillingly but decidedly, avow my conviction, derived from abundant personal observation, that it is not by the summary suppression of petitions, it is not by Lynching this or any other petition, that tranquillity is to be restored, and harmony assured, either in the South or the North. And whilst I entreat of individual members of the House to regard this question in calmness, and conclude it in judgment, as they would any lesser question, I warn and adjure the House itself, as a constituent branch of this government, to beware lest, in deciding this general question of the right of petition, it overleap the bounds prescribed to it by the Constitution.