* * * * *

[NOTE.—­The following extract of a letter, from the late Chief Justice Jay to the late venerable Elias Boudinot, dated Nov. 17, 1819, might well have formed part of Appendix E. Its existence, however, was not known till it was too late to insert it in its most appropriate place.  It shows the view taken of some of the constitutional questions by a distinguished jurist,—­one of the purest patriots too, by whom our early history was illustrated.]

“Little can be added to what has been said and written on the subject of slavery.  I concur in the opinion, that it ought not to be introduced, nor permitted in any of the new states; and that it ought to be gradually diminished, and finally, abolished, in all of them.

    To me, the constitutional authority of the Congress to prohibit
    the migration and importation of slaves into any of the states,
    does not appear questionable.

The first article of the Constitution specifics the legislative powers committed to Congress.  The ninth section of that article has these words:—­’The migration or importation of such persons as any of the now existing states shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808—­but a tax or duty may be imposed on such importation not exceeding ten dollars for each person.’

I understand the sense and meaning of this clause to be, That the power of the Congress, although competent to prohibit such migration and importation, was not to be exercised with respect to the THEN existing states, and them only, until the year 1808; but that Congress were at liberty to make such prohibition as to any new state which might in the meantime be established.  And further, that from and after that period, they were authorized to make such prohibition as to all the states, whether new or old.

Slaves were the persons intended.  The word slaves was avoided, on account of the existing toleration of slavery, and its discordancy with the principles of the Revolution; and from a consciousness of its being repugnant to those propositions to the Declaration of Independence:—­’We hold these truths to be self-evident—­that all men are created equal—­that they are endowed by their Creator with certain inalienable rights—­and that, among these, are life, liberty, and the pursuit of happiness.’”

* * * * *

NO. 9.

THE ANTI-SLAVERY EXAMINER.

* * * * *

LETTER

OF

GERRIT SMITH,

TO

HON.  HENRY CLAY.