XVII. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square), as, may by cession of particular states, and the acceptance of congress, become the seat of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings:—and
XVIII. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the United States, or in any department or office thereof.
SECTION IX.
I. 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.
As we have already said, this question of slavery was a fertile apple of discord in the convention, and even then it threatened to break up the Union; South Carolina and Georgia insisted on having slavery in the fullest meaning of the accursed thing, or they would not enter the Union. They would not only hold slaves, but they would import them; and hence the Constitution provided for “the migration of such persons as any of the States now existing shall think proper to admit,” prior to the year 1808, when the importation of slaves was to cease. Until January, 1808, South Carolina traded to the African coast for the souls and bodies of men, all the other states having before that time entirely discontinued it. While we are on the subject of slavery, we must mention that, when, in the convention, the articles of the proposed Constitution were being drawn up, one for the mutual delivery of fugitives from justice came in due course, on which Pierce Butler proposed, and Charles C. Pinckney, both of South Carolina, seconded, the motion that fugitive slaves and servants should be included. Wilson of Pennsylvania objected, and Butler withdrew his motion; but the next day introduced a clause, substantially the same with that now found in the Constitution, viz.: “that no person held to service or labour 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 labour, but shall be delivered up on claim of the party to whom such service or labour is due.” (See Article IV. Sect. iii.) This being copied from one of the provisions of the old New England Confederation, passed unobserved.
II. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.
III. No bill of attainder, or ex post facto law, shall be passed.
IV. No capitation or other direct tax shall be laid, unless in proportion to the census, or enumeration, herein before directed to be taken.
V. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another; nor shall vessels, bound to or from one state, be obliged to enter, clear, or pay duties in another.
VI. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.