It was argued by Patrick Henry in the Convention in Virginia, as follows: 

“May not Congress enact that every black man must fight?  Did we not see a little of this in the last war?  We were not so hard pushed as to make emancipation general.  But acts of Assembly passed, that every slave who would go to the army should be free.  Another thing will contribute to bring this event about.  Slavery is detested.  We feel its fatal effects.  We deplore it with all the pity of humanity.  Let all these considerations press with full force on the minds of Congress.  Let that urbanity which, I trust, will distinguish America, and the necessity of national defence—­let all these things operate on their minds, they will search that paper, and see if they have power of manumission.  And have they not, sir?  Have they not power to provide for the general defence and welfare?  May they not think that these call for the abolition of slavery?  May they not pronounce all slaves free, and will they not be warranted by that power?  There is no ambiguous implication, no logical deduction.  The paper speaks to the point; they have the power in clear, unequivocal terms, and will clearly and certainly exercise it.”—­3 Elliott’s Debates, 534.

Edmund Randolph, one of the framers of the Constitution, replied to Mr. Henry, admitting the general force of the argument, but claiming that, because of other provisions, it had no application to the States where slavery then existed; thus conceding that power to exist in Congress as to all territory belonging to the United States.

Dr. Ramsay, a member of the Convention of South Carolina, in his history of the United States, vol. 3, pages 36, 37, says:  “Under these liberal principles, Congress, in organizing colonies, bound themselves to impart to their inhabitants all the privileges of coequal States, as soon as they were capable of enjoying them.  In their infancy, government was administered for them without any expense.  As soon as they should have 60,000 inhabitants, they were authorized to call a convention, and, by common consent, to form their own constitution.  This being done, they were entitled to representation in Congress, and every right attached to the original States.  These privileges are not confined to any particular country or complexion.  They are communicable to the emancipated slave (for in the new State of Ohio, slavery is altogether prohibited), to the copper-colored native, and all other human beings who, after a competent residence and degree of civilization, are capable of enjoying the blessings of regular government.”]

[Footnote 12:—­The Act of 1789, as reported by the Committee, was received and read Thursday, July 16th.  The second reading was on Friday, the 17th, when it was committed to the Committee of the whole house, “on Monday next.”  On Monday, July 20th, it was considered in Committee of the whole, and ordered to a third reading on the following day; on the 21st, it passed the House, and was sent to the Senate.  In the Senate it had its first reading on the same day, and was ordered to a second reading on the following day (July 22d), and on the 4th of August it passed, and on the 7th was approved by the President.]