union in general is not in a worse situation.
Under the articles of confederation, it might be continued
forever: but by this clause an end may be put
to it after twenty years. There is, therefore,
an amelioration of our circumstances. A tax may
be laid in the mean time; but it is limited, otherwise
Congress might lay such a tax as would amount to a
prohibition. From the mode of representation
and taxation, Congress cannot lay such a tax on slaves
as will amount to manumission. Another clause
secures us that property which we now possess.
At present, if any slave elopes to any of those States
where slaves are free, he becomes emancipated by their
laws. For the laws of the States are uncharitable
to one another in this respect. But in this Constitution,
“no person held to service, or labor, in one
State, under the laws thereof, escaping into another,
shall, in consequence of any law or regulation therein,
be discharged from such service or labor; but shall
be delivered up on claim of the party to whom such
service or labor may be due.” This clause
was expressly inserted to enable owners of slaves
to reclaim them. This is a better security than
any that now exist. No power is given to the
general government to interpose with respect to the
property in slaves now held by the States. The
taxation of this State being equal only to its representation,
such a tax cannot be laid as he supposes. They
cannot prevent the importation of slaves for twenty
years: but after that period, they can.
The gentlemen from South Carolina and Georgia argued
in this manner: “We have now liberty to
import this species of property, and much of the property
now possessed, has been purchased, or otherwise acquired,
in contemplation of improving it by the assistance
of imported slaves. What would be the consequence
of hindering us from it? The slaves of Virginia
would rise in value, and we would be obliged to go
to your markets.” I need not expatiate on
this subject. Great as the evil is, a dismemberment
of the union would be worse. If those States
should disunite from the other States, for not including
them in the temporary continuance of this traffic,
they might solicit and obtain aid from foreign powers.
Mr. TYLER warmly enlarged on the impolicy, iniquity,
and disgracefulness of this wicked traffic. He
thought the reasons urged by gentlemen in defence
of it were inconclusive, and ill founded. It
was one cause of the complaints against British tyranny,
that this trade was permitted. The Revolution
had put a period to it; but now it was to be revived.
He thought nothing could justify it. This temporary
restriction on Congress militated, in his opinion,
against the arguments of gentlemen on the other side,
that what was not given up, was retained by the States;
for that if this restriction had not been inserted,
Congress could have prohibited the African trade.
The power of prohibiting it was not expressly delegated
to them; yet they would have had it by implication,