Volume III Part 108 (1/2)
Mr. SEDGWICK, (of Ma.s.s.) If it was a serious question, whether the Memorial should be committed or not, I would not urge it at this time; but that cannot be a question for a moment, if we consider our relative situation with the people. A number of men,--who are certainly very respectable, and of whom, as a society, it may be said with truth, that they conform their moral conduct to their religious tenets, as much as any people in the whole community,--come forward and tell you, that you may effect two objects by the exercise of a Const.i.tutional authority which will give great satisfaction; on the one hand you may acquire revenue, and on the other, restrain a practice productive of great evil. Now, setting aside the religious motives which influenced their application, have they not a right, as citizens, to give their opinion of public measures? For my part I do not apprehend that any State, or any considerable number of individuals in any State, will be seriously alarmed at the commitment of the pet.i.tion, from a fear that Congress intend to exercise an unconst.i.tutional authority, in order to violate their rights; I believe there is not a wish of the kind entertained by any member of this body. How can gentlemen hesitate then to pay that respect to a memorial which it is ent.i.tled to, according to the ordinary mode of procedure in business? Why shall we defer doing that till to-morrow, which we can do to-day? for the result, I apprehend, will be the same in either case.
Mr. Smith, (of S.C.) The question, I apprehend, is, whether we will take the pet.i.tion up for a second reading, and not whether it shall be committed? Now, I oppose this, because it is contrary to our usual practice, and does not allow gentlemen time to consider of the merits of the prayer; perhaps some gentlemen may think it improper to commit it to so large a committee as has been mentioned; a variety of causes may be supposed to show that such a hasty decision is improper; perhaps the prayer of it is improper. If I understood it right, on its first reading, though, to be sure, I did not comprehend perfectly all that the pet.i.tion contained, it prays that we should take measures for the abolition of the slave trade; this is desiring an unconst.i.tutional act, because the const.i.tution secures that trade to the States, independent of congressional restrictions, for the term of twenty-one years. If, therefore, it prays for a violation of const.i.tutional rights, it ought to be rejected, as an attempt upon the virtue and patriotism of the house.
Mr. BOUDINOT, (of N.J.) It has been said that the Quakers have no right to interfere in this business; I am surprised to hear this doctrine advanced, after it has been so lately contended, and settled, that the people have a right to a.s.semble and pet.i.tion for redress of grievances; it is not because the pet.i.tion comes from the society of Quakers that I am in favor of the commitment, but because it comes from citizens of the United States, who are as equally concerned in the welfare and happiness of their country as others. There certainly is no foundation for the apprehensions which seem to prevail in gentlemen's minds. If the pet.i.tioners were so uninformed: as to suppose that Congress could be guilty of a violation of the Const.i.tution, yet, I trust we know our duty better than to be led astray by an application from any man, or set of men whatever. I do not consider the merits of the main question to be before us; it will be time enough to give our opinions upon that, when the committee have reported. If it is in our power, by recommendation, or any other way, to put a stop to the slave trade in America, I do not doubt of its policy; but how far the Const.i.tution will authorize us to attempt to depress it, will be a question well worthy of our consideration.
Mr. SHERMAN (of Conn.) observed, that the pet.i.tioners from New York, stated that they had applied to the legislature of that State, to prohibit certain practices which they conceived to be improper, and which tended to injure the well-being of the community; that the legislature had considered the application, but had applied no remedy, because they supposed that power was exclusively vested in the general government, under the Const.i.tution of the United States; it would, therefore, be proper to commit that pet.i.tion, in order to ascertain what were the powers of the general government, in the case doubted by the legislature of New York.
Mr. GERRY (of Ma.s.s.) thought gentlemen were out of order in entering upon the merits of the main question at this time, when they were considering the expediency of committing the pet.i.tion; he should, therefore, not follow them further in that track than barely to observe, that it was the right of the citizens to apply for redress, in every case they conceived themselves aggrieved in; and it was the duty of Congress to afford redress as far as is in their power. That their Southern brethren had been betrayed into the slave trade by the first settlers, was to be lamented; they were not to be reflected on for not viewing this subject in a different light, the prejudice of education is eradicated with difficulty; but he thought nothing would excuse the general government for not exerting itself to prevent, as far as they const.i.tutionally could, the evils resulting from such enormities as were alluded to by the pet.i.tioners; and the same considerations induced him highly to commend the part the society of Friends had taken; it was the cause of humanity they had interested themselves in, and he wished, with them, to see measures pursued by every nation, to wipe off the indelible stain which the slave trade had brought upon all who were concerned in it.
Mr. MADISON (of Va.) thought the question before the committee was no otherwise important than as gentlemen made it so by their serious opposition. Did they permit the commitment of the Memorial, as a matter of course, no notice would be taken of it out of doors; it could never be blown up into a decision of the question respecting the discouragement of the African slave trade, nor alarm the owners with an apprehension that the general government were about to abolish slavery in all the States; such things are not contemplated by any gentleman; but, to appearance, they decide the question more against themselves than would be the case if it was determined on its real merits, because gentlemen may be disposed to vote for the commitment of a pet.i.tion, without any intention of supporting the prayer of it.
Mr. WHITE (of Va.) would not have seconded the motion, if he had thought it would have brought on a lengthy debate. He conceived that a business of this kind ought to be decided without much discussion; it had constantly been the practice of the house, and he did not suppose there was any reason for a deviation.
Mr. PAGE (of Va.) said, if the memorial had been presented by any individual, instead of the respectable body it was, he should have voted in favor of a commitment, because it was the duty of the legislature to attend to subjects brought before them by their const.i.tuents; if, upon inquiry, it was discovered to be improper to comply with the prayer of the pet.i.tioners, he would say so, and they would be satisfied.
Mr. STONE (of Md.) thought the business ought to be left to take its usual course; by the rules of the house, it was expressly declared, that pet.i.tions, memorials, and other papers, addressed to the house, should not be debated or decided on the day they were first read.
Mr. BALDWIN (of Ga.) felt at a loss to account why precipitation was used on this occasion, contrary to the customary usage of the house; he had not heard a single reason advanced in favor of it. To be sure it was said the pet.i.tioners are a respectable body of men--he did not deny it--but, certainly, gentlemen did not suppose they were paying respect to them, or to the house, when they urged such a hasty procedure; anyhow it was contrary to his idea of respect, and the idea the house had always expressed, when they had important subjects under consideration; and, therefore, he should be against the motion. He was afraid that there was really a little volunteering in this business, as it had been termed by the gentleman from Georgia.
Mr. HUNTINGTON (of Conn.) considered the pet.i.tioners as much disinterested as any person in the United States; he was persuaded they had an aversion to slavery; yet they were not singular in this, others had the same; and he hoped when Congress took up the subject, they would go as far as possible to prohibit the evil complained of.
But he thought that would better be done by considering it in the light of revenue. When the committee of the whole, on the finance business, came to the ways and means, it might properly be taken into consideration, without giving any ground for alarm.
Mr. TUCKER, (of S.C.) I have no doubt on my mind respecting what ought to be done on this occasion; so far from committing the memorial, we ought to dismiss it without further notice. What is the purport of the memorial? It is plainly this; to reprobate a particular kind of commerce, in a moral view, and to request the interposition of Congress to effect its abrogation. But Congress have no authority, under the const.i.tution, to do more than lay a duty of ten dollars upon each person imported; and this is a political consideration, not arising from either religion or morality, and is the only principle upon which we can proceed to take it up. But what effect do these men suppose will arise from their exertions? Will a duty of ten dollars diminish the importation? Will the treatment be better than usual? I apprehend it will not, nay, it may be worse. Because an interference with the subject may excite a great degree of restlessness in the minds of those it is intended to serve, and that may be a cause for the masters to use more rigor towards them, than they would otherwise exert; so that these men seem to overshoot their object. But if they will endeavor to procure the abolition of the slave trade, let them prefer their pet.i.tions to the State legislatures, who alone have the power of forbidding the importation; I believe their applications there would be improper; but if they are any where proper, it is there. I look upon the address then to be ill-judged, however good the intention of the framers.
Mr. SMITH (of S.C.) claimed it as a right, that the pet.i.tion should lay over till to-morrow.
Mr. BOUDINOT (of N.J.) said it was not unusual to commit pet.i.tions on the day they were presented; and the rules of the house admitted the practice, by the qualification which followed the positive order, that pet.i.tions should not be decided on the day they were first read, ”unless where the house shall direct otherwise.”
Mr. SMITH (of S.C.) declared his intention of calling the yeas and nays, if gentlemen persisted in pressing the question.
Mr. CLYMER (of Penn.) hoped the motion would be withdrawn for the present, and the business taken up in course to-morrow; because, though he respected the memorialists, he also respected order and the situation of the members.
Mr. FITZSIMONS (of Penn.) did not recollect whether he moved or seconded the motion, but if he had, he should not withdraw it on account of the threat of calling the yeas and nays.
Mr. BALDWIN (of Ga.) hoped the business would be conducted with temper and moderation, and that gentlemen would concede and pa.s.s the subject over for a day at least.
Mr. SMITH (of S.C.) had no idea of holding out a threat to any gentleman. If the declaration of an intention to call the yeas and nays was viewed by gentlemen in that light, he would withdraw that call.
Mr. WHITE (of Va.) hereupon withdrew his motion. And the address was ordered to lie on the table.
FEBRUARY 12th, 1790.
The following memorial was presented and read:
”To the Senate and House of Representatives of the United States: The memorial of the Pennsylvania Society for promoting the abolition of slavery, the relief of free negroes unlawfully held in bondage, and the improvement of the condition of the African race, respectfully showeth: That from a regard for the happiness of mankind, an a.s.sociation was formed several years since in this State, by a number of her citizens, of various religious denominations, for promoting the abolition of slavery, and for the relief of those unlawfully held in bondage. A just and acute conception of the true principles of liberty, as it spread through the land, produced accessions to their numbers, many friends to their cause, and a legislative cooperation with their views, which, by the blessing of Divine Providence, have been successfully directed to the relieving from bondage a large number of their fellow creatures of the African race. They have also the satisfaction to observe, that, in consequence of that spirit of philanthropy and genuine liberty which is generally diffusing its beneficial influence, similar inst.i.tutions are forming at home and abroad. That mankind are all formed by the same Almighty Being, alike objects of his care, and equally designed for the enjoyment of happiness, the Christian religion teaches us to believe, and the political creed of Americans fully coincides with the position. Your memorialists, particularly engaged in attending to the distresses arising from slavery, believe it their indispensable duty to present this subject to your notice. They have observed with real satisfaction, that many important and salutary powers are vested in you for 'promoting the welfare and securing the blessings of liberty to the people of the United States;' and as they conceive, that these blessings ought rightfully to be administered without distinction of color, to all descriptions of people, so they indulge themselves in the pleasing expectation, that nothing which can be done for the relief of the unhappy objects of their care, will be either omitted or delayed. From a persuasion that equal liberty was originally the portion, and is still the birth-right of all men, and influenced by the strong ties of humanity and the principles of their inst.i.tution, your memorialists conceived themselves bound to use all justifiable endeavors to loosen the bands of slavery, and promote a general enjoyment of the blessings of freedom. Under these impressions, they earnestly entreat your serious attention to the subject of slavery; that you will be pleased to countenance the restoration of liberty to those unhappy men, who alone, in this land of freedom, are degraded into perpetual bondage, and who, amidst the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice towards this distressed race, and that you will step to the very verge of the power vested in you, for discouraging every species of traffic in the persons of our fellow-men.
”BENJAMIN FRANKLIN, _President._
”PHILADELPHIA, _February 3, 1790.”_
Mr. HARTLEY (of Penn.) then called up the memorial presented yesterday, from the annual meeting of Friends at Philadelphia, for a second reading; whereupon the same was read a second time, and moved to be committed.