The House immediately considered the report.
The amendment limiting the imposition of the tax to the first day of January, 1808, was disagreed to; and the other amendments agreed to.
Mr. Jackson inquired what the effects would be of the forfeiture of the cargo, in case slaves were smuggled into the United States? Would they be kept in the service of the United States? He did not wish to have any thing to do with them.
Mr. John C. Smith said, he had voted for the resolution; but the defects in the details of the bill were so glaring, that he hoped it would be referred to a select committee, that it might be so modified as to cure these defects; or, that in case it were found insusceptible of modification, it might be rejected. Mr. S. accordingly moved the recommitment of the bill to a select committee.
Mr. Jackson advocated this motion, and remarked that the proviso of the bill that declared the duty should not be construed as giving a sanction to the importation of slaves, offered an additional reason for either rejecting or recommitting it. How could this language be used with propriety in a law, when the constitution, the highest authority, authorized the trade?
Mr. Quincy spoke to the like effect, and further inquired, whether it was the intention of gentlemen to apply the provisions of the bill to slaves navigating the ships of the United States.
Messrs. Hastings and Sloan defended the provisions of the bill as perfectly correct. They observed that slaves were considered as property, as merchandise, and could only, therefore, in the bill be treated as such.
The motion to recommit was lost—ayes 39, noes 61.
Mr. Crowninshield spoke against the bill, and moved its postponement to an indefinite day.
Messrs. John C. Smith, Taggart, and Rhea of Tennessee, supported; and Messrs. Sloan, Elmer, and Smilie, opposed the motion; when the yeas and nays were called on it, and were—yeas 42, nays 69, as follows: