August 21, 1787: The Slave Trade

Part of the National Park Service's day-by-day account of the Constitutional Convention in Philadelphia, August 16 to 31, 1787.

"The Portuguese slaver Diligenté captured by H.M. Sloop Pearl with 600 slaves on board, taken in charge to Nassau." National Museum of African American History and Culture.

"South Carolina can never receive the plan if it prohibits the slave-trade. In every proposed extension of the powers of Congress, that State has expressly and watchfully excepted that of meddling with the importation of negroes."
— Charles Pinckney

In the Convention: Tuesday, August 21, 1787

Debts and militia

Livingston (New Jersey) reported from the Grand Committee: the federal government would have power to pay its own debts and the states', and Congress would "make laws for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States." Gerry (Massachusetts) wanted the obligation to pay federal debts stated, not just the power, and resented that taking over state debts would reward states that had paid their creditors poorly at the expense of responsible ones. Further debate was unanimously put off.

Direct taxes in proportion to the states' populations passed 10–1, Delaware against.

The slave trade

Luther Martin (Maryland), who himself enslaved six people, moved to let Congress tax, and even prohibit, the importation of enslaved Africans. He argued that:

• because enslaved people partly counted toward a state's representation, the Constitution wrongly encouraged the slave trade;
• the risk of slave rebellions weakened the nation;
• such a feature was "inconsistent with the principles of the Revolution, and dishonorable to the American character."

Rutledge (South Carolina), who enslaved dozens, replied hotly: "Religion and humanity had nothing to do with this question. Interest alone is the governing principle with nations." The real question, he said, was whether the Southern states would be part of the Union at all — and he pointed to the great profits Northern shipping would make carrying goods produced by enslaved labour.

Ellsworth (Connecticut), who had never enslaved anyone, agreed: "Let every State import what it pleases. The morality or wisdom of slavery are considerations belonging to the States themselves."

Charles Pinckney (South Carolina), who enslaved more than 100 people, suggested that if the states were left free, South Carolina might "by degrees" end the trade itself.

On that note, the Convention adjourned.

In short

• The Grand Committee proposed that the federal government could pay its own and the states' debts, and that Congress could regulate the militia.
• Direct taxes would follow population.
• A proposed ban on the slave trade again exposed an ugly division among the delegates over slavery.

The delegates' day

• Gerry told his wife, Ann, that he was sick of being in Philadelphia and — between themselves — did not expect to vote for the plan; the previous week's grant of military powers to the federal government had deeply disturbed him.
• Brearley begged Paterson, away from the Convention, to come back to the New Jersey delegation: three members found the work hard, but above all "we actually stand in need of your abilities."
• John Fitch thanked Johnson (Connecticut) for visiting his steamboat the day before with several other delegates.
• Francis Childs wrote from New York to Franklin, apologising for missing a payment due at the end of August and ordering more type from Franklin's foundry.

Philadelphia today

• Cloudy, warm and humid.

Sources

• National Park Service, Independence National Historical Park, "August 21, 1787: The Slave Trade," from The Constitutional Convention: A Day by Day Account for August 16 to 31, 1787. https://www.nps.gov/articles/000/constitutionalconvention-august21.htm
• The original's summary also says Congress was not given the power to tax exports, which its account of the day does not mention; that point is left out here.
• The original spells the New Jersey delegate's name "Brearly"; it is usually written Brearley.
• Quotations are from the records and letters of 1787; the rest is rewritten in hubnx's own words.