movement for a constitutional amendment, and, failing in this, to an irresistible demand for a national prohibitory act at the earliest constitutional moment.
North Carolina had repealed her prohibitory duty act in 1790,[7] but in 1794 she passed an "Act to prevent further importation and bringing of slaves," etc.[8] Even the body-servants of West India immigrants and, naturally, all free Negroes, were eventually prohibited.[9]
42. Legislation of the Border States. The Border States, Virginia and Maryland, strengthened their non-importation laws, Virginia freeing illegally imported Negroes,[10] and Maryland prohibiting even the interstate trade.[11] The Middle States took action chiefly in the final abolition of slavery within their borders, and the prevention of the fitting out of slaving vessels in their ports. Delaware declared, in her Act of 1789, that "it is inconsistent with that spirit of general liberty which pervades the constitution of this state, that vessels should be fitted out, or equipped, in any of the ports thereof, for the purpose of receiving and transporting the natives of Africa to places where they are held in slavery,"[12] and forbade such a practice under penalty of £500 for each person so engaged. The Pennsylvania Act of 1788[13] had similar provisions, with a penalty of £1000; and New Jersey followed with an act in 1798.[14]
43. Legislation of the Eastern States. In the Eastern States, where slavery as an institution was already nearly defunct, action was aimed toward stopping the notorious participation of citizens in the slave-trade outside the State. The prime movers were the Rhode Island Quakers. Having early
secured a law against the traffic in their own State, they turned their attention to others. Through their remonstrances Connecticut, in 1788,[15] prohibited participation in the trade by a fine of £500 on the vessel, £50 on each slave, and loss of insurance; this act was strengthened in 1792,[16] the year after the Haytian revolt. Massachusetts, after many fruitless attempts, finally took advantage of an unusually bold case of kidnapping, and passed a similar act in 1788.[17] "This," says Belknap, "was the utmost which could be done by our legislatures; we still have to regret the impossibility of making a law here, which shall restrain our citizens from carrying on this trade in foreign bottoms, and from committing the crimes which this act prohibits, in foreign countries, as it is said some of them have done since the enacting of these laws."[18]
Thus it is seen how, spurred by the tragedy in the West Indies, the United States succeeded by State action in prohibiting the slave-trade from 1798 to 1803, in furthering the cause of abolition, and in preventing the fitting out of slave-trade expeditions in United States ports. The country had good cause to congratulate itself. The national government hastened to supplement State action as far as possible, and the prophecies of the more sanguine Revolutionary fathers seemed about to be realized, when the ill-considered act of South Carolina showed the weakness of the constitutional compromise.
44. First Debate in Congress, 1789. The attention of the national government was early directed to slavery and the trade by the rise, in the first Congress, of the question of taxing slaves imported. During the debate on the duty bill introduced by Clymer's committee, Parker of Virginia moved, May 13, 1789, to lay a tax of ten dollars per capita on slaves imported. He plainly stated that the tax was designed to check the trade, and that he was "sorry that the Constitution prevented Congress from prohibiting the importation altogether." The proposal was evidently unwelcome, and caused an extended debate.[19] Smith of South Carolina wanted
to postpone a matter so "big with the most serious consequences to the State he represented." Roger Sherman of Connecticut "could not reconcile himself to the insertion of human beings as an article of duty, among goods, wares, and merchandise." Jackson of Georgia argued against any restriction, and thought such States as Virginia "ought to let their neighbors get supplied, before they imposed such a burden upon the importation." Tucker of South Carolina declared it "unfair to bring in such an important subject at a time when debate was almost precluded," and denied the right of Congress to "consider whether the importation of slaves is proper or not."
Mr. Parker was evidently somewhat abashed by this onslaught of friend and foe, but he "had ventured to introduce the subject after full deliberation, and did not like to withdraw it." He desired Congress, "if possible," to "wipe off the stigma under which America labored." This brought Jackson of Georgia again to his feet. He believed, in spite of the "fashion of the day," that the Negroes were better off as slaves than as freedmen, and that, as the tax was partial, "it would be the most odious tax Congress could impose." Such sentiments were a distinct advance in pro-slavery doctrine, and called for a protest from Madison of Virginia. He thought the discussion proper, denied the partiality of the tax, and declared that, according to the spirit of the Constitution and his own desire, it was to be hoped "that, by expressing a national disapprobation of this trade, we may destroy it, and save ourselves from reproaches, and our posterity the imbecility ever attendant on a country filled with slaves." Finally, to Burke of South Carolina, who thought "the gentlemen were contending for nothing," Madison sharply rejoined, "If we contend for nothing, the gentlemen who are opposed to us do not contend for a great deal."
It now became clear that Congress had been whirled into a discussion of too delicate and lengthy a nature to allow its further prolongation. Compromising councils prevailed; and it was agreed that the present proposition should be withdrawn and a separate bill brought in. This bill was, however,