Mr. Spaight of North Carolina moved to amend the report by striking out the above clause, which was seconded by Mr. Reed of South Carolina. The question, upon a demand for the yeas and nays, was put: "Shall the words moved to be stricken out stand?" The question was lost, and the words were stricken out. The ordinance was further amended, and finally adopted on the 23d of April
The last Continental Congress was held in the city of New York in 1787. The question of the government of the Western territory came up. A committee was appointed on this subject, with Nathan Dane of Massachusetts as chairman On the 11th of July the committee reported "An Ordinance for the government of the Territory of the United States, Northwest of the Ohio." It embodied many of the features of Mr. Jefferson's bill, concluding with six unalterable articles of perpetual compact, the last being the following: "There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes, whereof the parties shall be duly convicted." When upon its passage, a stipulation was added for the delivery of fugitives from "labor or service:"[627] and in this shape the entire ordinance passed on the 13th of July, 1787.
Thus it is clear that under the Confederation slavery existed, a part of the political government, as a legal fact. There was no effort made by Congress to abolish it. Mr. Jefferson simply sought to arrest its progress, and confine it to the original thirteen States.
On the 25th of May, 1787, the convention to frame the Federal Constitution met at Philadelphia, although the day appointed was the 14th. George Washington was chosen president, a committee chosen to report rules of proceeding, and a secretary appointed. The sessions were held with closed doors, and all the proceedings were secret. It contained the most eminent men in the United States,—generals of the army, statesmen, lawyers, and men of broad scholarship. The question of congressional apportionment was early before them, and there was great diversity of opinion. But, as there was no census, therefore there could be no just apportionment until an enumeration of the people was taken. Until that was accomplished, the number of delegates was fixed at sixty-five. Massachusetts was the only State in the Union where slavery did not exist. The Northern States desired representation according to the free inhabitants only; while all of the Southern States, where the great mass of slaves was, wanted representation according to the entire population, bond and free. Some of the Northern delegates urged their view with great force and eloquence. Mr. Patterson of New Jersey said he regarded slaves as mere property. They were not represented in the States: why should they be in the general government? They were not allowed to vote: why should they be represented? He regarded it as an encouragement to the slave-trade. Mr. Wilson of Pennsylvania said, "Are they admitted as citizens? then, why not on an equality with citizens? Are they admitted as property? then, why is not other property admitted into the computation?" It was evident that neither extreme view could carry: so the proposition carried to reckon three-fifths of the slaves in estimating taxes, and to make taxation the basis of representation. New Jersey and Delaware voted Nay; Massachusetts and South Carolina were divided; and New York was not represented, her delegates having failed to arrive.
It was apparent during the early stages of the debates, that a constitution had to be made that would be acceptable to the Southern delegates. A clause was inserted relieving the Southern States from duties on exports, and upon the importation of slaves; and that no navigation act should be passed except by a two-thirds vote. By denying Congress the authority of giving preference to American over foreign shipping, it was designed to secure cheap transportation for Southern exports; but, as the shipping was largely owned in the Eastern States, their delegates were zealous in their efforts to prevent any restriction of the power of Congress to enact navigation laws. It has been already shown that all the States, with the exception of North Carolina, South Carolina, and Georgia, had prohibited the importation of slaves. The prohibition of duties on the importation of slaves was demanded by the delegates from South Carolina and Georgia. They assured the Convention that without such a provision they could never give their assent to the constitution. This declaration dragooned some Northern delegates into a support of the restriction, but provoked some very plain remarks concerning slavery. Mr. Pinckney said, that, "If the Southern States were let alone, they would probably of themselves stop importations. He would himself, as a citizen of South Carolina, vote for it."
Mr. Sherman remarked that "the abolition of slavery seemed to be going on in the United States, and that the good sense of the several states would probably by degrees complete it;" and Mr. Ellsworth thought that "slavery, in time, will not be a speck in our country." Mr. Madison said "he thought it wrong to admit in the Constitution the idea of property in men."
Slavery, notwithstanding the high-sounding words just quoted, was recognized in and by three separate clauses of the Constitution The word "slave" was excluded, but the language does not admit of any doubt.
"Art. I. Sect. 2.... Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.[628] ...
"Art I. Sect. 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person....
"Art. IV. Sect. 2.... No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due."
The debate on the above was exciting and interesting, as the subject of slavery was examined in all its bearings. Finally the Constitution was submitted to Gouverneur Morris of Pennsylvania, to receive the finishing touches of his facile pen. On the 8th of August, 1787, during the debate, he delivered the following speech:—
"He never would concur in upholding domestic slavery. It was a nefarious institution. It was the curse of Heaven on the States where it prevailed. Compare the free regions of the Middle States, where a rich and noble cultivation marks the prosperity and happiness of the people, with the misery and poverty which overspread the barren wastes of Virginia, Maryland, and the other States having slaves. Travel through the whole continent, and you behold the prospect continually varying with the appearance and disappearance of slavery. The moment you leave the Eastern States, and enter New York, the effects of the institution become visible. Passing through the Jerseys, and entering Pennsylvania, every criterion of superior improvement witnesses the change. Proceed southwardly, and every step you take through the great regions of slaves presents a desert, increasing with the increasing proportion of these wretched beings. Upon what principle it is that the slaves shall be computed in the representation? Are they men? Then make them citizens, and let them vote. Are they property? Why, then, is no other property included? The houses in this city (Philadelphia) are worth more than all the wretched slaves who cover the rice-swamps of South Carolina. The admission of slaves into the representation, when fairly explained, comes to this,—that the inhabitant of Georgia and South Carolina, who goes to the coast of Africa, and, in defiance of the most sacred laws of humanity, tears away his fellow-creatures from their dearest connections, and damns them to the most cruel bondage, shall have more votes in a government instituted for the protection of the rights of mankind than the citizen of Pennsylvania or New Jersey, who views with a laudable horror so nefarious a practice. He would add, that domestic slavery is the most prominent feature in the aristocratic countenance of the proposed Constitution. The vassalage of the poor has ever been the favorite offspring of aristocracy. And what is the proposed compensation to the Northern States for a sacrifice of every principle of right, of every impulse of humanity? They are to bind themselves to march their militia for the defence of the Southern States, for their defence against those very slaves of whom they complain. They must supply vessels and seamen in case of foreign attack. The Legislature will have indefinite power to tax them by excises and duties on imports, both of which will fall heavier on them than on the Southern inhabitants; for the bohea tea used by a Northern freeman will pay more tax than the whole consumption of the miserable slave, which consists of nothing more than his physical subsistence and the rag that covers his nakedness. On the other side, the Southern States are not to be restrained from importing fresh supplies of wretched Africans, at once to increase the danger of attack and the difficulty of defence: nay, they are to be encouraged to it by an assurance of having their votes in the National Government increased in proportion: and are, it the same time, to have their exports and their slaves exempt from all contributions for the public service. Let it not be said that direct taxation is to be proportioned to representation. It is idle to suppose that the General Government can stretch its hand directly into the pockets of the people scattered over so vast a country. They can only do it through the medium of exports, imports, and excises. For what, then, are all the sacrifices to be made? He would sooner submit himself to a tax for paying for all the negroes in the United States than saddle posterity with such a Constitution."[629]