The United States Constitution, Permission of the African Slave Trade. (Const., Art. 1, sec. 9.)

In every census which has been taken by the government, the only distinction sanctioned has been between freemen and slaves; and on every occasion of apportioning representatives, according to the representative or federal number, such number has been invariably determined by adding to the whole number of free persons three fifths of the slaves. If this, the pro-slavery interpretation of this section of the Constitution, be not right, then, since March 3, 1793, there has not been a single House of Representatives constitutionally elected, or a single statute or resolve constitutionally passed! Who is ready to make this admission?

On the 13th of May, 1789, in Congress,—

“Mr. Parker, of Virginia., moved to insert a clause in the bill, imposing a duty on the importation of slaves of ten dollars each person. He was sorry that the Constitution prevented Congress from prohibiting the importation altogether; he thought it a defect in that instrument that it allowed of such actions; it was contrary to the revolution principles, and ought not to be permitted; but, as he could not do all the good he desired, he was willing to do what lay in his power.”

Messrs. Sherman, of Connecticut, and Schureman, of New Jersey, thought the subject should be taken up independently. Mr. Madison thought otherwise:—

“I conceive the Constitution, in this particular, was formed in order that the government, whilst it was restrained from laying a total prohibition, might be able to give some testimony of the sense of America with respect to the African trade. We have liberty to impose a tax or duty upon the importation of such persons as any of the States now existing shall think proper to admit; and this liberty was granted, I presume, upon two considerations. The first was, that, until the time arrived when they might abolish the importation of slaves, they might have an opportunity of evidencing their sentiments on the policy and humanity of such a trade.”

The motion of Mr. Parker was afterwards withdrawn.

In 1794, “An Act to prohibit the carrying on the slave trade from the United States to any foreign place or country” was passed, (Stat. 1794, c. 11.) In 1800, an act in addition to the last was passed, (Stat. 1800, c. 51.) That both these laws were framed with reference to this section of the Constitution is apparent, because the latter act expressly refers to it. Sec. 6 reads thus: “That nothing in this act contained shall be construed to authorize the bringing into either of the United States any person or persons, the importation of whom is, by the existing laws of such State, prohibited.”

See also Stat. 1803, c. 63.

And, not to multiply proof, on the 2d day of March, 1807, President Jefferson approved (Stat. 1807, c. 77) “An Act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States from and after the first day of January, in the year of our Lord one thousand eight hundred and eight.” That is, at the very earliest day allowed by the Constitution (Art. 1, sec. 9) for the passage by Congress of an act prohibiting the importation of persons, a law is passed totally prohibiting the importation of slaves.