University of Virginia Library

JUNE 17—IMPORTATION OF SLAVES.

Mr Madison—Mr Chairman, I should conceive this clause
[permitting importation of slaves] to be impolitic, if it were
one of those things which could be excluded without encountering
greater evils. The southern states would not have
entered into the union of America, without the temporary
permission of that trade. And if they were excluded from

the union, the consequences might be dreadful to them and to
us. We are not in a worse situation than before. That
traffic is prohibited by our laws, and we may continue the
prohibition. The 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 meantime, 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 exists. 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, had 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 indulging them in the temporary continuance
of this traffic, they might solicit and obtain aid from
foreign powers.