John Jay, first Chief Justice of the United States under the Constitution of 1789, in a letter to the Hon. Elias Boudinot, dated Nov. 17, 1819, says:—
“Little can be added to what has been said and written on the subject of slavery. I concur in the opinion that it ought not to be introduced nor permitted in any of the new States, and that it ought to be gradually diminished and finally abolished in all of them.
“To me, the constitutional authority of the Congress to prohibit the migration and importation of slaves into any of the States does not appear questionable.
“The first article of the Constitution specifies the legislative powers committed to the Congress. The 9th section of that article has these words: ‘The migration or importation of such persons as any of the now-existing States shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.’
“I understand the sense and meaning of this clause to be, that the power of the congress, although competent to prohibit such migration and importation, was to be exercised with respect to the then existing States, and them only, until the year 1808, but the Congress were at liberty to make such prohibitions as to any new State, which might in the mean time be established. And further, that from and after that period, they were authorized to make such prohibitions as to all the States, whether new or old.
“It will, I presume, be admitted, that slaves were the persons intended. The word slaves was avoided, probably on account of the existing toleration of slavery, and its discordancy with the principles of the Revolution, and from a consciousness of its being repugnant to the following positions in the Declaration of Independence: ‘We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness.’”
In a previous letter, written from Spain, whither he had been appointed as minister plenipotentiary, he says, speaking of the abolition of slavery:—
“Till America comes into this measure, her prayers to Heaven will be impious. This is a strong expression, but it is just. I believe that God governs the world, and I believe it to be a maxim in His, as in our Courts, that those who ask for equity ought to do it.”
WILLIAM JAY.