had been or soon was imitated in all the states from Vir- CHAPTER ginia northward.

A few days after the commencement of the debate on 1790. the public debt, a petition from the yearly meeting of Feb. 11. the Quakers of Pennsylvania and Delaware, seconded by another from the Quakers of New York, had been laid before the House, in which it was suggested whether, notwithstanding "seeming impediments," occasioned by "the influence and artifice of particular persons, gov erned by the narrow, mistaken views of self-interest," it was not within the power of Congress "to exercise. justice and mercy, which, if adhered to," the petitioners could not doubt, "must produce the abolition of the slave trade."

Hartley moved the reference of this memorial to a special committee. Supported by Madison and his colleagues, Parker, Page, and White, by Lawrence, Sedgwick, Boudinot, Sherman, and Gerry, this motion was violently opposed by Smith of South Carolina, Jackson, Tucker, Baldwin, and Burke, not without many sneers at "the men in the gallery"—the Quaker deputation appointed to look after the petition" who had come here to meddle in a business with which they had nothing to do." Finally, on a suggestion of Clymer's, supported by one of the rules of the House, the memorial was suffered to lie over till the next day.

At the opening of the session that next day, another Feb. 12. petition was presented relating to the same subject, coming from the Pennsylvania Society for the Abolition of Slavery. It was signed by Franklin as president-one of the last public acts of his long and diversified career. He died within a few weeks afterward. "That mankind," said this memorial, "are all formed by the same Almighty Being, alike objects of his care, and

CHAPTER equally designed for the enjoyment of happiness, the II. Christian religion teaches us to believe, and the political 1790. creed of Americans fully coincides with that position.

Your memorialists, particularly engaged in attending to the distresses arising from slavery, believe it their indispensable duty to present this subject to your notice. They have observed, with real satisfaction, that many important and salutary powers are vested in you for promoting the welfare and securing the blessings of liberty to the people of the United States; and as they conceive that these blessings ought rightfully to be administered, without distinctions of color, to all descriptions of people, so they indulge themselves in the pleasing anticipation that nothing which can be done for the relief of the unhappy objects of their care will be either omitted or delayed.

"From a persuasion that equal liberty was originally the portion, and is still the birthright of all men, and influenced by the strong ties of humanity and the principles of the Constitution, your memorialists conceive themselves bound to use all justifiable endeavors to loosen the bonds of slavery, and promote a general enjoyment of the blessings of freedom. Under these impressions, they earnestly entreat your serious attention to the subject of slavery, that you will be pleased to countenance the restoration of liberty to those unhappy men who alone, in this land of freedom, are degraded into perpetual bondage, and who, amid the general joy of surrounding freemen, are groaning in servile subjection; that you will devise means for removing this inconsistency from the character of the American people; that you will promote mercy and justice toward this distressed. race; and that you will step to the very verge of the power vested in you for discouraging every species of traffic in the persons of our fellow-men."

II.

Immediately after the reading of this petition, which CHAPTER could not have much tended to soothe the excitement. of the day before, Hartley called up the Quaker memo- 1790. rial, and moved its commitment. In opposition to this motion, Tucker and Burke took the ground that the memorial contained an unconstitutional request, as Congress had no power to meddle with the slave trade for twenty years to come. Tucker pronounced it "a mischievous attempt, an improper interference, at the best, an act of imprudence." Burke was certain that the commitment "would sound an alarm and blow the trumpet of sedition through the Southern States."

"I can not entertain a doubt," said Scott, in reply, "that the memorial is strictly agreeable to the Constitution. It respects a part of the duty particularly assigned to us by that instrument. We can at present lay our hands on a small tax of ten dollars. I would take that; and if that is all we can do, we must be content. I am sorry the framers of the Constitution did not go further, and enable us to interdict the slave trade altogether, for I look upon it to be one of the most abominable things. on earth; and if there were neither God nor devil, I should oppose it on principles of humanity and the law of Nature. For my part, I can not conceive how any person can be said to acquire a property in another. The petitioners view the subject in a religious light; but I stand not in need of religious motives to induce me to reprobate the traffic in human flesh. Perhaps, in our legislative capacity, we can go no further than to impose a duty of ten dollars; but I do not know how far I might go if I was one of the judges of the United States, and these people were to come before me and claim their emancipation. I am sure I would go as far as I could." Jackson maintained, in reply, "the qualified

CHAPTER property of the master in his slave;" he referred to the II. example of the republics of antiquity; and relied "on

1790. the whole current of the Bible from Genesis to Revelations," as proving that religion was not against slavery.

Sherman "could see no difficulty in committing the memorial. It was probable the committee would understand their business, and perhaps they might bring in such a report as would be satisfactory to gentlemen on both sides of the House." Baldwin "was sorry that a subject of so delicate a nature, as respected some of the states, had been brought before Congress. Such gentlemen as had been present at the formation of the Constitution could not but recollect the pain and difficulty which this subject had then occasioned. So tender were the Southern members on this point, that the Convention had well-nigh broken up without coming to any determination. From extreme desire to preserve the Union and to establish an efficient government, mutual concessions had resulted, concessions which the Constitution had jealously guarded. The moment we go to jostle on that ground, I fear we shall feel it tremble under our feet. The clause in the Constitution, that no capitation or direct tax should be laid, except in proportion to the census, was intended to prevent Congress from laying any special tax upon slaves, lest they might in that way so burden the owners as to bring about a general emancipation. Gentlemen have said that this petition does not pray for the abolition of the slave trade; I think, sir, it prays for nothing else, and that, consequently, we have nothing more to do with it, than if it prayed us to establish an order of nobility or a national religion."

The same ground, the unconstitutionality of the object prayed for, was relied upon by Smith of South Carolina

as a reason for not committing the memorial.

"Not- CHAPTER

II.

withstanding all the calmness with which some gentlemen have viewed the subject, they will find that the 1790. mere discussion of it will create alarm. We have been told that, if so, we should have avoided discussion by saying nothing. But it was not for that purpose we were sent here. We look upon this measure as an attack upon property; it is, therefore, our duty to oppose it by every means in our power. When we entered into a political connection with the other states, this property was there. It had been acquired under a former government conformably to the laws and Constitution, and every attempt to deprive us of it must be in the nature of an ex post facto law, and, as such, forbidden by our political compact." Like the other speakers on that side, Smith indulged in a good many slurs on the QuakHis constituents wanted no lessons in religion and morality, and least of all from such teachers.

ers.

Madison, Page, Gerry, and Boudinot advocated the commitment. As to the alarm which it was said would' be produced by committing the memorial, Page thought there might be greater ground for alarm should they refuse to commit it. "Placing himself in the case of a slave, on hearing that Congress had refused to listen to the decent suggestions of a respectable part of the community, he should infer that the general government, from which great good was expected to every class, had shut their ears against the voice of humanity. If any thing could induce him to rebel, it must be a stroke like this, impressing on his mind all the horrors of despair. Were he told, on the other hand, that application was made in his behalf, and that Congress were willing to hear what could be urged in favor of discouraging the importation of his fellow-wretches, he would still trust in