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Show ) 132 'J'IIE ,'fA1'E CONV.h:N'J1IONS. llis earnest dc~irc was, lhat it shoula be handed down to posterity thnt he hnd opposed thiH wicked clnu~c. .Mr. Madison wns nrpriscd that any O"CII Llcman should return to the clauses whi ch hnd alrcntly been di.' Cil :ed. Tic LecrO"ed the gcntlcm:m to read lhe clan. rs 'Nhich gave Ob the power of exclu.·ivc legislntion, and he might see that nothinO' could he done without the consent of the Slates. With respect to the supposed operation of what was denominated the sweeping clause, the gentleman, he said, was mistaken; for it only extended to the enumerated powers. Should Congress attempt to exteud it to any power not enumerated, it would not he warranted by the clause. As to the restriction in the clause under consideration, it was a restraint on the exercise of a power cxpres. ly deleg- ated to Congress; namely, that of reguluting commerce with foreign nations. Patrick Henry insisted that the insertion of these restrictions on Congress was a plain demonstration thnt Congress could exercise powers by implicat ion. The gentleman had admitted that Congress couhl have intenlictcd the African trade, were it not for tl;is restriction. If so, the power, not having been cxprc. sly dclcgate<i, 11111. t be obtained by implication. Tic demanded where, then, was their doctrine of reserved rights. lie wi shed for negative clauses to prevent them from assuming any powers but those expressly given. He asked why it was omitted to secure us that property in slaves which we held now. Tie feared its omission was done with design. They might lay such taxes on slaves as would amonnt to emancipation; and then the Southern States would be the only stdl'crcrs. Ilis opi11ion wn.s confirmed by the mode of levying money. Congrr .. ·, he observed, had power· to lay and collect taxes, impo.·t., and exc ises. Imposts (or duti es) nnd excises were to be uniform; hut ihis uniformity did not extrrul to taxes. 'rllis might con1pcl the Southern States to THE STATE CONVENTIONS. ] 33 liberate their negroes. Ifc wi. hed thi property, therefore, to be guarded. lie con:idcrecl the clnuc:;c, which had been adduced by the gcntlcmnn as a f.~Cc nri ty fot' this properly, ns no secu ri ty aL all. It was no more than this-that a runaway negro could Le taken up i11 Maryland Ol' New York. This could not proven t Congress from in lcrfc ring with that property by lay ing a g d cvous and enormous tax on it, so as to com pel owners to cma nci pate their slaves rather than pay the tax. lie apprehend ed it would be productive of mnch stockjobbing, and that they would play into one another's han<ls in such a manner as that t his property would be ]ost to the country. Mr. George Nicholas wondered that gentlemen who were against slavery should be opposed to this clause; ns, after that periorl, the slave trade would be done away. He asked if gentlemen do not see the inconsistency of their argu mcnts. They object, s~ys he, to the Con titntion, because the !'lave trade is laid open for t\venty odd years; and yet tlw.v tell yon that, by some latent operation of it, the slaves wl10 al'e so now will be manumitted. At the same momcut it is opposed for being promotive and destructive of slavery. lie contended that it was advantageous to Virginia that it should be in the power of Congress to prevent the importation of slaves after twenty years, as it would then put a period to the evil complained of. As the Southern States would not conf'cdcratc without this clause, be asked if gentlemen would rather dissolve the confederacy than to s ufl'cr this tern porary iuconvenicncc, admitting it to be sueh. Virginia might continue the prohiui tion of such importation during the intermediate peri od, and wonltl be bcnefiteu |