What did the Constitution do about slavery?

"We subscribe to the doctrine," might one of our Southern brethren observe, "that representation relates more immediately to persons, and taxation more immediately to property, and we join in the application of this distinction to the case of our slaves. But we must deny the fact, that slaves are considered merely as property, and in no respect whatever as persons. The true state of the case is, that they partake of both these qualities: being considered by our laws, in some respects, as persons, and in other respects as property. In being compelled to labor, not for himself, but for a master; in being vendible by one master to another master; and in being subject at all times to be restrained in his liberty and chastised in his body, by the capricious will of another--the slave may appear to be degraded from the human rank, and classed with those irrational animals which fall under the legal denomination of property. In being protected, on the other hand, in his life and in his limbs, against the violence of all others, even the master of his labor and his liberty; and in being punishable himself for all violence committed against others--the slave is no less evidently regarded by the law as a member of the society, not as a part of the irrational creation; as a moral person, not as a mere article of property. The federal Constitution, therefore, decides with great propriety on the case of our slaves, when it views them in the mixed character of persons and of property. This is in fact their true character. It is the character bestowed on them by the laws under which they live; and it will not be denied, that these are the proper criterion; because it is only under the pretext that the laws have transformed the negroes into subjects of property, that a place is disputed them in the computation of numbers; and it is admitted, that if the laws were to restore the rights which have been taken away, the negroes could no longer be refused an equal share of representation with the other inhabitants.

Such is the reasoning which an advocate for the Southern interests might employ on this subject; and although it may appear to be a little strained in some points, yet, on the whole, I must confess that it fully reconciles me to the scale of representation which the convention have established.

It were doubtless to be wished, that the power of prohibiting the importation of slaves had not been postponed until the year 1808, or rather that it had been suffered to have immediate operation. But it is not difficult to account, either for this restriction on the general government, or for the manner in which the whole clause is expressed. It ought to be considered as a great point gained in favor of humanity, that a period of twenty years may terminate forever, within these States, a traffic which has so long and so loudly upbraided the barbarism of modern policy; that within that period, it will receive a considerable discouragement from the federal government, and may be totally abolished, by a concurrence of the few States which continue the unnatural traffic, in the prohibitory example which has been given by so great a majority of the Union. Happy would it be for the unfortunate Africans, if an equal prospect lay before them of being redeemed from the oppressions of their European brethren!

… Is it because in some of the states, a considerable part of the property of the inhabitants consists in a number of their fellow men, who are held in bondage, in defiance of every idea of benevolence, justice, and religion, and contrary to all the principles of liberty, which have been publickly avowed in the late glorious revolution? If this be a just ground for representation, the horses in some of the states, and the oxen in others, ought to be represented — for a great share of property in some of them. consists in these animals; and they have as much controul over their own actions, as these poor unhappy creatures, who are intended to be described in the above recited clause, by the words, "all other persons." By this mode of apportionment, the representatives of the different pans of the union, will be extremely unequal: in some of the southern states, the slaves are nearly equal in number to the free men; and for all these slaves, they will be entitled to a proportionate share in the legislature — this will give them an unreasonable weight in the government, which can derive no additional strength, protection, nor defence from the slaves, but the contrary. Why then should they be represented? What adds to the evil is, that these states are to be permitted to continue the inhuman traffic of importing slaves, until the year 1808 — and for every cargo of these unhappy people, which unfeeling. unprincipled, barbarous, and avaricious wretches, may tear from their country, friends and tender connections, and bring into those states, they are to be rewarded by having an increase of members in the general assembly.

… It was urged, that no principle could justify taking slaves into computation in apportioning the number of representatives a state should have in the government — that it involved the absurdity of increasing the power of a state in making laws for free men in proportion as that state violated the rights of freedom — that it might be proper to take slaves into consideration, when taxes were to be apportioned, because it had a tendency to discourage slavery; but to take them into account in giving representation tended to encourage the slave trade, and to make it the interest of the states to continue that infamous traffic — that slaves could not be taken into account as men, or citizens, because they were not admitted to the rights of citizens, in the states which adopted or continued slavery. If they were to be taken into account as property, it was asked what peculiar circumstance should render this property (of all others the most odious in its nature) entitled to the high privilege of conferring consequence and power in the government to its possessors, rather than any other property; and why slaves should, as property, be taken into account rather than horses, cattle, mules, or any other species; and it was observed, by an honorable member from Massachusetts, that he considered it as dishonorable and humiliating to enter into compact with the slaves of the Southern States, as it would with the horses and mules of the Eastern. …

The design of this clause is to prevent the general government from prohibiting the importation of slaves; but the same reasons which caused them to strike out the word “national,” and not admit the word “stamps,” influenced them here to guard against the word “slaves.” They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the expressions signified; and hence it is that the clause is so worded as really to authorize the general government to impose a duty of ten dollars on every foreigner who comes into a state to become a citizen, whether he comes absolutely free, or qualifiedly so as a servant; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves.

The general Legislature is restrained from prohibiting the further Importation of Slaves for twenty odd Years; tho’ such Importations render the United States weaker, more vulnerable, and less capable of Defence.

Ye men of SENSE and VIRTUE—Ye ADVOCATES for American Liberty, rouse up and espouse; the cause of Humanity and general Liberty. Bear a testimony against a vice which degrades human nature, and dissolves that universal tie of benevolence which should connect all the children of men together in one great Family.—The plant of liberty is of so tender a Nature, that it cannot thrive long in the neighbourhood of slavery. Remember the eyes of all Europe are fixed upon you, to preserve an asylum for freedom in this country, after the last pillars of it are fallen in every other quarter of the Globe.

To the Honorable the senit and House of Riprisentetives of the comon Welth of Massachusetts bay in general court assembled Februry 27 1788: The Petition of greet Number of Blacks freemen of this common welth Humbly sheweth that your Petetioners are justly Allarm'd at the enhuman and cruel Treetment that Three of our Brethren free citizens of the Town of Boston Lately Receved; The captain under a Pertence that his vessel was in destres on a Island belo in this Hearber, haven got them on bord put them in Iorns and covred them of, From their Wives & children to be sold for slaves; This being the unhappey state of these poor men What can your Petetioners Expect but to be treeted in the same manner by the same sort of men; What then are our Lives and Lebeties worth if thay may be taken away in shuch a cruel & unjust manner as this; May it Pleas your Honnors we are not encensebel that the good Laws of this State forbedes all such Base axones: Notwithstanding we can aseuer your Honners that maney of our free blacks that have Entred onboard of vessles as seamen and have ben sold for slaves a sum of them we have heard from but no not Who carred them away; Hence is it that maney of us who are good seamen are oblidge to stay at home thru fear and the one help of our time lorter about the streets for want of Imploy. Wereas if thay were Protected in that Lallfull calling thay might git a hanceum Livelihud for themselves and theres: Which in the Setturation thay are now in thay Cannot. One thing more we would bege Leve to Hent -- that is that your Petetioners have for Sumtime past Beheald Whith Greaf Ships cleared out from this Herber for Africa and there thay other steal or case others to steal our Brothers & Sisteres fill there Ships holes full of unhappey Men & Women crouded together, then set out to find the Best market. Seal them there Like Sheep for the Slarter and then Returne hear like Honest men; after haven sported with the Lives and Lebeties [of] Fello men and at the same time call themselves Christions; Blush O Hevens at thi [s?] These our Wotley [motley?] Greevences we cherfully Submeet to your Honores Without Decttateing in the lest -- knowing by Experence that your Honers have and we Trust ever Will in your Wisdom do us that Justes that our Present Condechon Requires, as God and the Good Laws of this Common Welth Shall Decteat you -- as in Deutey Bound your Petetioners Shall Ever Pray Sd,