Gibson/Papenfuse
Race and the Law in Maryland

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Gibson/Papenfuse
Race and the Law in Maryland

Image No: 41   Enlarge and print image (64K)            << PREVIOUS   NEXT >>

importation of slaves affected the white laborer by threatening competition and it threatened the slaveholder by decreasing the value of the slaves he held. B. The Ban on Importation of Slaves and the Struggle Over Abolition These moral, social and economic factors converged on the issue of slave importation. The importation of slaves had been taxed by the colony as a revenue raising measure since the late seventeenth century.26 In 1780, however, the tax was raised sharply so as to constitute an economic barrier to importation.27 In 1783 the legislature took the next step and flatly prohibited the importation of slaves. With certain specified exceptions, any person brought in as a slave thereafter was to be free. The exceptions dealt with persons immigrating to Maryland with their slaves, having slaves accompany them on temporary absences, or (by later amendments) obtaining slaves by marriage, bequest, or gift.28 But the ban on importation of slaves barred purchase not only from Africa, but also from any other state. The Act of 1783 was not a reflection of any belief in equality of the races, but a reaction to the natural right argument and economic conditions. This is demonstrated by other sections of the act which stated that no slave manumitted after 1783 "shall be entitled to the privilege of voting at elections, or of being elected or appointed to any office of profit or trust, or to give evidence against any white person, or shall be recorded as competent evidence to manumit any slave petitioning for freedom.29 It was Luther Martin, Maryland's delegate to the Constitutional Convention in 1787, who proposed to grant power to Congress to allow a prohibition or tax on the importation of slaves. Madison summarized Martin's reasoning: 1. as five slaves are to be counted as 3 free men in the apportionment of Representatives, such a clause wd. leave an encouragement to this traffic. 2. slaves weakened one part of the Union which the other parts were bound to protect: the privilege of importing them was therefore unreasonable. 3. it was inconsistent with the principles of the revolution and dishonorable to the American character to have such a feature in the Constitution.30 The compromise prohibiting a ban on federal slavery until 1808 was a minor element in Martin's opposition to the Constitution. In his "Information to the General Assembly of the State of Maryland" he detailed the reasons for objecting to the compromise. It was said that we had but just assumed a place among independent nations, in consequence of our opposition to the attempts of Great-Britain to enslave us; that this opposition was grounded upon the preservation of those rights, to which God and Nature had entitled us, not in particular, but in common with all the rest of mankind - That we had appealed to the Supreme being for 39