C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874.

[122] ‘promote the general welfare,’ and ‘secure the blessings of Liberty.’ Here, surely, Liberty is national.

Secondly. Next in importance to the Preamble are the explicit contemporaneous declarations in the Convention which framed the Constitution, and elsewhere, expressed in different forms of language, but all tending to the same conclusion. By the Preamble, the Constitution speaks for Freedom. By these declarations, the Fathers speak as the Constitution speaks. Early in the Convention, Gouverneur Morris, of Pennsylvania, broke forth in the language of an Abolitionist: ‘He never would concur in upholding domestic slavery. It was a nefarious institution. It was the curse of Heaven on the State where it prevailed.’ Oliver Ellsworth, of Connecticut, said: ‘The morality or wisdom of Slavery are considerations belonging to the States themselves.’ According to him, Slavery was sectional.

At a later day, a discussion ensued on the clause touching the African slave trade, which reveals the definitive purposes of the Convention. From the report of Mr. Madison we learn what was said. Elbridge Gerry, of Massachusetts, ‘thought we had nothing to do with the conduct of the States as to Slavery, but we ought to be careful not to give any sanction to it.’ According to these words, he regarded Slavery as sectional, and would not make it national. Roger Sherman, of Connecticut, “was opposed to any tax on slaves imported, as making the matter worse, because it implied they were property.” He would not have Slavery national. After debate, the subject was committed to a Committee of eleven, who subsequently reported a substitute, authorizing ‘a tax on such migration or importation, at a rate not exceeding the average of duties laid on imports.’ This language, classifying persons with merchandise, seemed to imply a recognition that they were property. Mr. Sherman at once declared himself ‘against this part, as acknowledging men to be property, by taxing them as such under the character of slaves.’ Mr. Gorham ‘thought Mr. Sherman should consider the duty not as implying that slaves are property, but as a discouragement to the importation of them.’ Mr. Madison, in mild juridical phrase, ‘thought it wrong to admit in the Constitution the idea that there could be property in man.’ After discussion it was finally agreed to make the clause read:

‘But a tax or duty may be imposed on such inportation, not exceeding ten dollars for each person.’

The difficulty seemed then to be removed, and the whole clause was adopted. This record demonstrates that the word ‘persons’ was employed