CHAPTER

I.

In reply to the suggestions of Sherman, Jackson, and others, Parker declared "that, having introduced the 1789. motion on mature reflection, he did not like to withdraw it. The gentleman from Connecticut had said that human beings ought not to be enumerated with goods, wares, and merchandise. Yet he believed they were looked upon by African traders in that light. He hoped Congress would do all in their power to restore to human nature its inherent privileges; to wipe off, if possible, the stigma under which America labored; to do away the inconsistency in our principles justly charged upon us; and to show, by our actions, the pure beneficence of the doctrine held out to the world in our Declaration of Independence."

Sherman still "thought the principles of the bill and the principles of the motion inconsistent. The principle of the bill was to raise revenue; it was the principle of the motion to correct a moral evil. Considering the proposed duty as having revenue for its object, it would be unjust, because two or three states would bear the whole burden. He should therefore vote against the present motion, though he had no objection to taking up the subject by itself on the principles of humanity and policy." Ames "detested slavery from his soul; but he had some doubts whether imposing a duty on their importation would not have an appearance of countenancing the practice." "It is the fashion of the day," said Jackson, "to favor the liberty of slaves. He believed them better off as they were, and better off than they had been in Africa. Experience had shown that liberated slaves would not work for a living. Thrown upon the world without property or connections, they can not live but by pilfering. Will Virginia set her negroes free? When the practice comes to be tried

there, the sound of liberty will lose those charms which CHAPTER make it grateful to the ravished ear."

I.

Madison supported Parker's motion in an elaborate 1789. speech, in which he replied to all the various objections urged against it. "The confounding men with merchandise might be easily avoided by altering the title of the bill; it was, in fact, the very object of the motion to prevent men, so far as the power of Congress extended, from being confounded with merchandise. The clause in the Constitution allowing a tax to be imposed, though the traffic could not be prohibited for twenty years, was inserted, he believed, for the very purpose of enabling Congress to give some testimony of the sense of America with respect to the African trade. By expressing a national disapprobation of that trade, it is to be hoped we may destroy it, and so save ourselves from reproaches, and our posterity from the imbecility ever attendant on a country filled with slaves. This was as much the interest of South Carolina and Georgia as of any other states. Every addition they received to their number of slaves tended to weakness, and rendered them less capable of self-defense. In case of hostilities with foreign nations, their slave population would be a means, not of repelling invasion, but of inviting attack. It was the duty of the general government to protect every part of the Union against danger, as well internal as external. Every thing, therefore, which tended to increase this danger, though it might be a local affair, yet, if it involved national expense or safety, became of concern to every part of the Union, and a proper subject for the consideration of those charged with the general administration of the government." Bland was equally decided with Madison and Parker in support of the motion. Burke suggested that gentlemen were contend

CHAPTER ing about nothing; for if not particularly mentioned, I. slaves would still fall under the general five per cent. 1789. ad valorem duty on all unenumerated articles, a duty

May 15.

just about equivalent to the one proposed. Madison replied that no collector of the customs would presume to apply the terms goods, wares, and merchandise to persons; and in this he was supported by Sherman, who denied that persons were recognized any where in the Constitution as property. He thought that the clause in the Constitution on which the present motion was founded applied as much to other persons as to slaves, and that there were other persons to whom it ought to be applied, as convicts, for instance; but the whole subject ought to be taken up by itself. Finally, upon Madison's suggestion, Parker consented to withdraw his motion, with the understanding that a separate bill should be brought in. A committee was appointed for that purpose; but here the matter was suffered to rest. When the Revenue Bill came up on its third reading, a motion by Madison to insert an amendment, restricting the period of its continuance, gave rise to two days' debate. Madison, Bland, Gerry, Huntington of Connecticut, Smith, Page, Jackson, and Tucker urged in favor of the motion that the spirit of the Constitution was not consistent with the idea of a perpetual revenue act. The command of the purse-strings belonged to the representatives of the people, and they ought not to relinquish it. Gerry conjured up the idea of a vast fund still accumulating after the public debt had been paid, upon which the executive would seize by force, and make himself absolute. It was contended, on the other hand, by Ames, Sherman, Lawrence, Clymer, and Boudinot, that the continuance of the act ought at least to be coterminous with the object for which it was passed. That

I.

object was the payment of the public debt and the res- CHAPTER toration of the public credit. It was absurd to speak of a law as perpetual which Congress had the right to re- 1789. peal at any time. A revenue act, limited to two, or three, or even to five or six years, never would give confidence to the public creditors. The ayes and noes having been called for the first time, Madison's motion was carried by the very decided majority of forty-one to eight. By the filling of the blank, the operation of the act was limited to the 1st of June, 1796.

Thus amended, the bill was read a third time, passed, and sent to the Senate for concurrence. Of the debates in that body no record exists, but the bill came back to the House a good deal altered. The discrimination in the duty on spirits in favor of allied nations was struck out, also the drawback on domestic spirits exported. Most of the specific duties were considerably reduced, that on molasses one half. Cotton and indigo were added to the list of protected articles. These and some other amendments were agreed to by the House, but the discrimination in favor of nations in alliance was not given up without great reluctance, and only on the report of a Committee of Conference. The House also found itself obliged to allow the corresponding discrimination to be struck out of the Tonnage Act, the Senate holding out the idea that this system of commercial retaliation might form the subject of a separate bill. It was, indeed, referred to a committee, but no report was made till the next session.

The duties imposed under this first Revenue Law, as finally passed, were as follows: Distilled spirits of Jamaica proof, ten cents per gallon; other distilled spirits, eight cents; molasses, two and a half cents; Madeira wine, eighteen cents; other wines, ten cents; beer, ale,

CHAPTER and porter, in casks, five cents per gallon; in bottles, I. twenty cents per dozen; bottled cider, the same; malt, 1789. ten cents per bushel; brown sugar, one cent per pound;

loaf sugar, three cents; other sugars, two and a half cents; coffee, two and a half cents; cocoa, one cent; teas from China and India, in American vessels, bohea, six cents per pound; souchong, and other black teas, ten cents; hyson, twenty cents; other green teas, twelve cents; on teas from Europe, in American vessels, the duties were somewhat higher, and higher still when imported in foreign vessels; on candles, of wax or spermaceti, six cents per pound; tallow candles, two cents; cheese, four cents per pound; soap, two cents; boots, per pair, fifty cents; shoes, of leather, seven cents; of silk or stuff, ten cents; cables and tarred cordage, seventy-five cents per hundred weight; untarred cordage, ninety cents; twine and pack-thread, two dollars; unwrought steel, fifty cents per hundred weight; nails and spikes, one cent per pound; salt, six cents per bushel; manufactured tobacco, six cents per pound; indigo, sixteen cents per pound; wool and cotton cards, fifty cents per dozen; coal, two cents per bushel; pickled fish, seventy-five cents per barrel; dried fish, fifty cents per quintal; playing cards, ten cents per pack; hemp, sixty cents per hundred weight; cotton, three cents per pound. In addition to these specific duties, an ad valorem duty of ten per cent. was imposed on glass of all kinds (black quart bottles excepted), china, stone, and earthen-ware, gunpowder, paints, shoe and knee buckles, and gold and silver lace and leaf. Seven and a half per cent. ad valorem was charged upon blank books, paper, cabinet wares, leather, ready-made clothing, hats, gloves, millinery, canes, brushes, gold and silver and plated ware and jewelry, buttons, saddles, slit and rolled iron, and cast