Gen. Pinckney, “thought himself bound to declare candidly that he did not think South Carolina would stop her importation of slaves in any short time, but only stop them occasionally as she now does. He moved to commit the clause that slaves might be made liable to an equal tax with other imports, which he thought right, and which would remove one difficulty that had been started.”
Mr. Rutledge remarked: “If the Convention thinks that North Carolina, South Carolina and Georgia will ever agree to the plan, unless their right to import slaves be untouched, the expectation is vain. The people of these States will never be such fools as to give up so important an interest. He was strenuous against striking out the section and seconded the motion of Gen. Pinckney for a commitment.”
Mr. Gouverneur Morris, of Pennsylvania, “wished the whole subject to be committed, including the clauses relating to taxes on exports, and on a Navigation Act. These things may form a bargain among the Northern and Southern States.”
Mr. Butler, of South Carolina, declared, “that he would never agree to the power of taxing exports.”
Mr. Sherman said: “It was better to let the Southern States import slaves than to part with them, if they made that a sine qua non. He was opposed to a tax on slaves imported as making the matter worse, because it implied they were property. He acknowledged that if the power of prohibiting the importation should be given to the General Government that it would be exercised. He thought it would be its duty to exercise the power.”
Mr. Reed, of Delaware, “was for the commitment provided the clause concerning taxes on exports should also be committed.”
Mr. Sherman, observed: “that that clause had been agreed to and therefore could not be committed.”
Mr. Randolph, of Virginia, “was for committing in order that some middle ground, if possible, be found. He could never agree to the clause as it stands. He would sooner risk the Constitution. He dwelt on the dilemma to which the Constitution was exposed by agreeing to the clause it would revolt the Quakers, the Methodists and many others in the States having no slaves. On the other hand, two States might be lost to the Union. Let us then,” he said, “try the chance of a commitment.”[7]
On the question of committing, the vote was: New Hampshire, no; Massachusetts, abstaining from voting; Connecticut, aye; New Jersey, aye; Pennsylvania, no; Delaware, no; Maryland, aye; Virginia, aye; North Carolina, aye; South Carolina, aye; Georgia, aye;[8] In a total of eleven States at Convention seven ayes, three noes, one not voting.
The clause having been referred to a committee consisting of Messrs. Langdon, King, Johnson, Livingston, Clymer, Dickinson, L. Martin, Madison, Williamson, C. C. Pinckney, and Baldwin, the committee reported in favor of the clause, with an amendment making it read: “The migration or importation of such persons as the several States now existing shall think proper to admit, shall not be prohibited by the Legislature prior to the year 1800, but a tax or duty may be imposed on such migration or importation at a rate not exceeding the average of the duties laid on imports.”[9]