features of a system of legislation dignified by all that can ennoble humanity.

We claim, on the part of the Colonists of the South, no particular exemption from the charge of having participated in this commerce and in the reception in common with the Northern and Eastern Provinces, of the slaves that were imported in British ships; but they are certainly entitled to as much credit, on the score of humanity, as any portion of the Colonies, for the early and active exertions which were made to suppress the growth of an evil, the frightful character of which appeared so evident. Virginia began her system of legislation at a period almost at the same time with Massachusetts, and followed it up with the most unrelaxing assiduity. Long before the expiration of the seventeenth century, she had made great progress in restraining the importation of slaves into her territory, by laying such heavy imposts upon their introduction, as virtually amounted to a prohibition. No less than twenty-three Acts, imposing a duty of from five to ten, and finally to twenty per cent. may be found in her statute book, from the year 1699 to 1772, "the real design of all of which was not revenue, but the repression of importation." BROUGHAM, in his "Colonial Policy," has a passage upon this subject, that places the character of Virginia in an elevated and distinguished point of view.

"Every measure proposed by the Colonial Legislatures that did not meet the entire concurrence of the British Cabinet, was sure to be rejected in the last instance by the crown. If examples were required, we might refer to the history of the abolition of the slave trade in Virginia. A duty on the importation of negroes had been imposed amounting to a prohibition.

One Assembly, induced by a temporary peculiarity of circumstances, repealed this law by a bill which received the immediate sanction of the crown. But never afterwards could the Royal assent be obtained to a renewal of the duty, although as we are told by Mr. Jefferson, all manner of expedients were tried for this purpose by almost every subsequent Legislature that met under the Colonial Government. The very first Assembly that met under the new Constitution finally prohibited the traffic." In 1772, very active exertions were made by Virginia to repress the trade. The "duties previously imposed were re-enacted," and the Assembly, at the same time, in a petition to the throne, "earnestly implore" the interposition of the crown, in checking the importation of slaves from the Coast of Africa, representing that "it had long been considered as a trade of great inhumanity," the future progress and encouragement of which would, in the end, endanger the security and happiness of the Colony. The language of the petition breathes a deep and emphatic tone of feeling upon the subject, that evidently demonstrates the sincerity with which it was presented. The petition, however, was unattended to, and the Colony was still stocked by the mother country, with a class of population, against the introduction of which, it had long previously declared its disgust and abhorrence. "That the inclination (says Mr. WALSH, in his "Appeal" from the Judgments of Great Britain, respecting the United States) to impose the yoke of perpetual bondage on any part of their fellow creatures if it ever existed among the majority of the Virginia planters soon subsided, is manifest from an Act which is traced to 1662, declaring that "no Englishman, trader, or other, who should bring

in

any Indians as servants, and assign them over to any other, should sell them for slaves, nor for any other time than English of like age, could serve by Act of Assembly." Thus early was the state of slavery prohib ted, where it was not exacted by the higher authority; and the first opportunity was taken after the Declaration of Independence, to extinguish the detestable commerce so long forced upon the Province. In October 1778, during the tumult and anxiety of revolution, the General Assembly passed a Law, prohibiting, under heavy penalties, the further importation of slaves, and declaring that every slave imported thereafter, should be immediately free. The example of Virginia was followed at different times before the date of the Federal Constitution by most of the other States." These historical facts, added to others that we shall produce, furnish the most abundant and unequivocal testimony of the early and sincere desire on the part of the Southern States to repress a traffic, to the dangers and inhumanity of which they were most sensibly alive. There is another valuable piece of Colonial history that gives additional weight to the argument. In the year 1711, Governor Gibbes, in his speech to the Assembly of the State of South-Carolina, after representing the flourishing condition of the Province, and its general happiness and prosperity, recommends to the serious and solemn consideration of the Assembly the necessity of interdicting the importation of slaves, and deprecates in the most emphatic manner, the further introduction of them. The following is an extract from his Speech, 15th May 1711. We give it with all the raciness of its ancient phraseology.

"And, Gentlemen, I desire you will consider the 'great quantities of negroes that are dayly brought into

'this government, and the small number of whites that 'comes amongst us, and how many are lately dead and 'gon off. How insolent and mischeivous the negroes 'are become, and to consider the Negro Act already 'made, doth not reach up to some of the crimes they 'have lately been guilty off; therefore it might be con'venient by some additional clause of said Negro Act 'to appoint either by gibbets, or some such like way, 'that, after executed, they may remain more exem'plary, than any punishment hitherto hath been in'flicted on them; and also that masters of negroes, 'may be obliged to provide and allow their negroes 'sufficient dyet and cloathing, and that their worke 'and correction may be with moderation, that they 'may be comfortable, which may the better encour'age them to live peaceably and honestly with their 'masters." We shall make further use of this document in a subsequent stage of our proceedings. In the mean time, however, we would remark, that from the testimony we have already produced, it is abundantly clear that the Colonies of the South were as eager as those of the North to suppress an evil of the enormity of which both were equally convinced, and to the dangers of which the former were more intimately exposed. While we appeal to the records of the several States, we would point also to the journals of Congress, to show, that the earliest opportunities were warmly embraced by the people of the South, to express their abhorrence of this odious traffic. "In truth," says Mr. Walsh in the work which we have already quoted, "the Representatives from our Southern States, have been foremost in testifying their abhorrence of the traffic; an abhorrence, springing from a deep sense, not merely, of its iniqui--`

ty, but of the magnitude of the evil it has entailed upon their country. It was only at the last session of Congress, (1819) that a member from Virginia proposed the following regulation, to which the House of Representatives agreed, without a division."

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Every person, who shall import into the United States, or, knowingly, aid or abet the importation, into the United States, of any African Negro, or other person, with intent to sell or use such Negro, or other person, as a slave, or shall purchase any such slave, knowing him or her to be thus imported, shall, on conviction thereof, in any Circuit Court of the United States, be punished with death."

Abundant testimony, then, we think, can be collected from the statements we have produced, that the Colonies at the South were at as early a period as those of the North, efficiently and actively engaged in legislating upon the introduction of Negro Slaves, and that since the Declaration of Independence, they have manifested the same disposition. They are, therefore, entitled to the same credit on the score of humanity.

We have now arrived at the period of the Declaration of Independence. Let us look into the history of the times, and observe the comparative agency of the different sections of the Union in the importation of slaves since the year 1776. In the year 1803, the State of South-Carolina opened her ports to the reception of slaves from the Coast of Africa, agreeably to the provisions of the Constitution of the "United States. In 1805, one of her members on the floor of Congress, submitted a resolution, censuring her conduct in thus throwing open her ports and inviting the importation of African Slaves into her