Slavery Debates in Congress in the United States
First Debate in Congress, 1789 (Toussaint l’Ouverture and Anti-Slavery Effort, 1787–1808)
In the book “The Suppression of the African Slave Trade to the United States of America 1638-1870” (1), W. E. B. Du Bois explained the following: The attention of the national government was early directed to slavery and the trade by the rise, in the first Congress, of the question of taxing slaves imported. During the debate on the duty bill introduced by Clymer’s committee, Parker of Virginia moved, May 13, 1789, to lay a tax of ten dollarsper capita on slaves imported. He plainly stated that the tax was designed to check the trade, and that he was “sorry that the Constitution prevented Congress from prohibiting the importation altogether.” The proposal was evidently unwelcome, and caused an extended debate.19 Smith of South Carolina wanted 78to postpone a matter so “big with the most serious consequences to the State he represented.” Roger Sherman of Connecticut “could not reconcile himself to the insertion of human beings as an article of duty, among goods, wares, and merchandise.” Jackson of Georgia argued against any restriction, and thought such States as Virginia “ought to let their neighbors get supplied, before they imposed such a burden upon the importation.” Tucker of South Carolina declared it “unfair to bring in such an important subject at a time when debate was almost precluded,” and denied the right of Congress to “consider whether the importation of slaves is proper or not.”
Mr. Parker was evidently somewhat abashed by this onslaught of friend and foe, but he “had ventured to introduce the subject after full deliberation, and did not like to withdraw it.” He desired Congress, “if possible,” to “wipe off the stigma under which America labored.” This brought Jackson of Georgia again to his feet. He believed, in spite of the “fashion of the day,” that the Negroes were better off as slaves than as freedmen, and that, as the tax was partial, “it would be the most odious tax Congress could impose.” Such sentiments were a distinct advance in pro-slavery doctrine, and called for a protest from Madison of Virginia. He thought the discussion proper, denied the partiality of the tax, and declared that, according to the spirit of the Constitution and his own desire, it was to be hoped “that, by expressing a national disapprobation of this trade, we may destroy it, and save ourselves from reproaches, and our posterity the imbecility ever attendant on a country filled with slaves.” Finally, to Burke of South Carolina, who thought “the gentlemen were contending for nothing,” Madison sharply rejoined, “If we contend for nothing, the gentlemen who are opposed to us do not contend for a great deal.”
It now became clear that Congress had been whirled into a discussion of too delicate and lengthy a nature to allow its further prolongation. Compromising councils prevailed; and it was agreed that the present proposition should be withdrawn and a separate bill brought in. This bill was, however,79 at the next session dexterously postponed “until the next session of Congress.”20
Resources
Notes and References
- W. E. B. Du Bois, “The Suppression of the African Slave Trade to the United States of America 1638-1870” (1893), Longmans, Green and Co., London, New York, Bombay and Calcuta.
See Also
Further Reading
- Anthony Benezet. Notes on the Slave Trade, etc. [1780?].
- M.A. Juge. The American Planter: or The Bound Labor Interest in the United States. New York, 1854.
- Andrew H. Foote. Africa and the American Flag. New York, 1854.
- George S. Sawyer. Southern Institutes; or, An Inquiry into the Origin and Early Prevalence of Slavery and the Slave-Trade. Philadelphia, 1858.
- Company of Royal Adventurers. The Several Declarations of the Company of Royal Adventurers of England trading into Africa, inviting all His Majesties Native Subjects in general to Subscribe, and become Sharers in their Joynt-stock, etc. [London,] 1667.
- C.W. Miller. Address on Re-opening the Slave Trade … August 29, 1857. Columbia, S.C., 1857.
- Benjamin Godwin. The Substance of a Course of Lectures on British Colonial Slavery, delivered at Bradford, York, and Scarborough. London, 1830.
- Charles W. Upham. Speech in the House of Representatives, Massachusetts, on the Compromises of the Constitution, with an Appendix containing the Ordinance of 1787. Salem, 1849.
Second Debate in Congress, 1790 (Toussaint l’Ouverture and Anti-Slavery Effort, 1787–1808)
In the book “The Suppression of the African Slave Trade to the United States of America 1638-1870” (1), W. E. B. Du Bois explained the following: It is doubtful if Congress of its own initiative would soon have resurrected the matter, had not a new anti-slavery weapon appeared in the shape of urgent petitions from abolition societies. The first petition, presented February 11, 1790,21 was from the same interstate Yearly Meeting of Friends which had formerly petitioned the Confederation Congress.22 They urged Congress to inquire “whether, notwithstanding such seeming impediments, it be not in reality within your power to exercise justice and mercy, which, if adhered to, we cannot doubt, must produce the abolition of the slave trade,” etc. Another Quaker petition from New York was also presented,23 and both were about to be referred, when Smith of South Carolina objected, and precipitated a sharp debate.24 This debate had a distinctly different tone from that of the preceding one, and represents another step in pro-slavery doctrine. The key-note of these utterances was struck by Stone of Maryland, who “feared that if Congress took any measures indicative of an intention to interfere with the kind of property alluded to, it would sink it in value very considerably, and might be injurious to a great number of the citizens, particularly in the Southern States. He thought the subject was of general concern, and that the petitioners had no more right to interfere with it than any other members of the community. It was an unfortunate circumstance, that it was the disposition of religious sects to imagine they understood the rights of human nature better than all the world besides.”
In vain did men like Madison disclaim all thought of unconstitutional “interference,” and express only a desire to see “If anything is within the Federal authority to restrain such violation of the rights of nations and of mankind, as is supposed to be practised in some parts of the United States.” A storm of disapproval from Southern members met such sentiments. 80″The rights of the Southern States ought not to be threatened,” said Burke of South Carolina. “Any extraordinary attention of Congress to this petition,” averred Jackson of Georgia, would put slave property “in jeopardy,” and “evince to the people a disposition towards a total emancipation.” Smith and Tucker of South Carolina declared that the request asked for “unconstitutional” measures. Gerry of Massachusetts, Hartley of Pennsylvania, and Lawrence of New York rather mildly defended the petitioners; but after considerable further debate the matter was laid on the table.
The very next day, however, the laid ghost walked again in the shape of another petition from the “Pennsylvania Society for promoting the Abolition of Slavery,” signed by its venerable president, Benjamin Franklin. This petition asked Congress to “step to the very verge of the power vested in you for discouraging every species of traffic in the persons of our fellow-men.”25 Hartley of Pennsylvania called up the memorial of the preceding day, and it was read a second time and a motion for commitment made. P
lain words now came from Tucker of South Carolina. “The petition,” he said, “contained an unconstitutional request.” The commitment would alarm the South. These petitions were “mischievous” attempts to imbue the slaves with false hopes. The South would not submit to a general emancipation without “civil war.” The commitment would “blow the trumpet of sedition in the Southern States,” echoed his colleague, Burke. The Pennsylvania men spoke just as boldly. Scott declared the petition constitutional, and was sorry that the Constitution did not interdict this “most abominable” traffic. “Perhaps, in our Legislative capacity,” he said, “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 those people were to come before me and claim their emancipation; but I am sure I would go as far as I could.” Jackson of Georgia rejoined in true Southern spirit, boldly defending slavery in the light of religion and history, and asking if it was “good policy to bring forward a business at this moment likely to light up the flame of civil discord; for the people of the 81Southern States will resist one tyranny as soon as another. The other parts of the Continent may bear them down by force of arms, but they will never suffer themselves to be divested of their property without a struggle. The gentleman says, if he was a Federal Judge, he does not know to what length he would go in emancipating these people; but I believe his judgment would be of short duration in Georgia, perhaps even the existence of such a Judge might be in danger.” Baldwin, his New-England-born colleague, urged moderation by reciting the difficulty with which the constitutional compromise was reached, and declaring, “the moment we go to jostle on that ground, I fear we shall feel it tremble under our feet.” Lawrence of New York wanted to commit the memorials, in order to see how far Congress might constitutionally interfere. Smith of South Carolina, in a long speech, said that his constituents entered the Union “from political, not from moral motives,” and that “we look upon this measure as an attack upon the palladium of the property of our country.” Page of Virginia, although a slave owner, urged commitment, and Madison again maintained the appropriateness of the request, and suggested that “regulations might be made in relation to the introduction of them [i.e., slaves] into the new States to be formed out of the Western Territory.” Even conservative Gerry of Massachusetts declared, with regard to the whole trade, that the fact that “we have a right to regulate this business, is as clear as that we have any rights whatever.”
Finally, by a vote of 43 to 11, the memorials were committed, the South Carolina and Georgia delegations, Bland and Coles of Virginia, Stone of Maryland, and Sylvester of New York voting in the negative.26 A committee, consisting of Foster of New Hampshire, Huntington of Connecticut, Gerry of Massachusetts, Lawrence of New York, Sinnickson of New Jersey, Hartley of Pennsylvania, and Parker of Virginia, was charged with the matter, and reported Friday, March 5. The absence of Southern members on this committee compelled it to make this report a sort of official manifesto on the aims of Northern anti-slavery politics. As such, it was sure to meet82 with vehement opposition in the House, even though conservatively worded. Such proved to be the fact when the committee reported. The onslaught to “negative the whole report” was prolonged and bitter, the debate pro and con lasting several days.1