Mr. Baldwin (of Ga.) was sorry the subject had ever been brought before Congress, because it was a delicate nature, as it respected some of the States. Gentlemen who had been present at the formation of this Constitution, could not avoid the recollection of the pain and difficulty which the subject caused in that body; the members from the Southern States were so tender upon this point, that they had well nigh broken up without coming to any determination; however, from the extreme desire of preserving the Union, and obtaining an efficient government, they were induced mutually, to concede, and the Constitution jealously guarded what they agreed to. If gentlemen look over the footsteps of that body, they will find the greatest degree of caution used to imprint them, so as not to be easily eradicated; but the moment we go to jostle on that ground, said he, I fear we shall feel it tremble under our feet. Congress have no power to interfere with the importation of slaves, beyond what is given in the 9th section of the first article of the Constitution; every thing else is interdicted to them in the strongest terms. If we examine the Constitution, we shall find the expressions, relative to this subject, cautiously expressed, and more punctiliously guarded than any other part. “The migration or importation of such persons, shall not be prohibited by Congress.” But lest this should not have secured the object sufficiently, it is declared in the same section, “That no capitation or direct tax shall be laid, unless in proportion to the census;” this was intended to prevent Congress from laying any special tax upon negro slaves, as they might, in this way, so burthen the possessors of them, as to induce a general emancipation. If we go on to the 5th article, we shall find the 1st and 5th clauses of the 9th section of the 1st article restrained from being altered before the year 1808.
Gentlemen have said, that this petition does not pray for an abolition of the slave-trade; I think, sir, it prays for nothing else, and therefore we have no more to do with it, than if it prayed us to establish an order of nobility, or a national religion.
Mr. Sylvester of (N.Y.) said that he had always been in the habit of respecting the society called Quakers; he respected them for their exertions in the cause of humanity, but he thought the present was not a time to enter into a consideration of the subject, especially as he conceived it to be a business in the province of the State legislature.
Mr. Lawrance of (of N.Y.) observed that the subject would undoubtedly come under the consideration of the House; and he thought, that as it was now before them, that the present time was as proper as any; he was therefore for committing the memorial; and when the prayer of it had been properly examined, they could see how far congress may constitutionally interfere; as they knew the limits of their power on this, as well as on every other occasion, there was no just apprehension to be entertained that they would go beyond them.