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that there could be property in men.  It appears by the report of the proceedings of the Convention, (3 Madison Papers, 1428), that the first Clause of Section 9, Article 1, which provides for the imposition of a tax or duty on the importation of such persons as any of the States then existing might think proper to admit, &c., "not exceeding ten dollars for each person," was adopted in its present form, in consequence of the opposition by Roger Sherman and James Madison to the clause as it was originally reported, on the ground "that it admitted that there could be property in men;" an idea which Mr. Madison said "he thought it wrong to admit in the Constitution." The words reported by the committee, and stricken out on the objection were: "a tax or duty may be imposed on such migration or importation at a rate not exceeding the average of the duties laid upon imports." The Constitution as it now stands will be searched in vain for an expression recognizing human beings as merchandise or legitimate subjects of commerce. In the case of New York vs. Miln, 11 Peters, 104, 136, Judge Barbour, in giving the opinion of the court, expressly declares, in reference to the power "to regulate commerce" conferred on Congress by the Constitution, that "persons are not the subjects of commerce." Judging from the public sentiment which prevailed at the time of the adoption of the Constitution, it is probable that the first act of the government in the exercise of its power to regulate commerce, would have been to prohibit the slave trade, if it had not been restrained until 1808, from prohibiting the importation of such persons as any of the States, then existing, should think proper to admit. But could Congress have passed an act authorizing the importation of slaves as articles of commerce, into any State in opposition to a law of the state, prohibiting their introduction? If they could, they may now force slavery into every state. For no state can prohibit the introduction of legitimate objects of foreign commerce, when authorized by Congress.
In the construction of all general terms used in the laws of United States, or in treaties to which they may be parties, the fundamental principles of the government and people of the United States, in their collective capacity as a nation, as set forth in their Declaration of Independence to the world, are to be applied, unless the law of nations requires a different interpretation. See Vattel, B II. CXVII. [[symbol]]271.280.300.302.307-8-11. In the case of Arredondo, 6 Peters 710, the Supreme Court say: "by the stipulations of a treaty are to be understood its language and apparent intention manifested in the instrument with a refence to the contracting parties, the subject matter, and persons on whom it is to operate."