con_.
The first part of the report was then agreed to as follows:
"The migration or importation of such persons as the several States now
existing shall think proper to admit, shall not be prohibited by the
Legislature prior to the year 1808."
* * * * *
Mr. Sherman was against the second part ["but a tax or duty may be
imposed on such migration or importation at a rate not exceeding _the
average of the duties laid on imports_"], as acknowledging men to be
property by taxing them as such under the _character_ of slaves.
* * * * *
Mr. Madison _thought it wrong to admit in the Constitution the like idea
that there could be property in men_. The reason of duties did not hold,
as slaves _are not, like merchandise_, consumed.
* * * * *
It was finally agreed, _nem. con_., to make the clause read--
"But a tax or duty may be imposed on such importation, not exceeding
_ten dollars_ for each PERSON."--_Madison Papers, Aug_. 25, 1787.]
[Footnote 38:--Compare this noble passage and that at page 18, with the
twaddle of Mr. Orr (note 30), and the slang of Mr. Douglas (note 37).]
[Footnote 39:--That demand has since been made. Says MR. O'CONOR,
counsel for the State of Virginia in the _Lemon Case_, page 44: "We
claim that under these various provisions of the Federal Constitution, a
citizen of Virginia has an immunity against the operation of any law
which the State of New York can enact, whilst he is a stranger and
wayfarer, or whilst passing through our territory; and that he has
absolute protection for all his domestic rights, and for all his rights
of property, which under the laws of the United States, and the laws of
his own State, he was entitled to, whilst in his own State.
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