John Jay Papers
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From John Jay to Elias Boudinot, 17 November 1819

To Elias Boudinot

Bedford—WestChester County—State of New York, 17th. Novr. 1819—

Dear Sir

I have recd. the copy of a circular Letter, which as Chairman of the Committee appointed by the late Public Meeting at Trenton respecting Slavery, you was pleased to direct to me on the 5th. Instant.—1

Little can be added to what has been said and written on the Subject of Slavery. I concur in the opinion that it ought not to be introduced nor permitted in any of the New States; and that ought to be gradually diminished and finally abolished in All of them—2

To me the constitutional authority of the Congress to prohibit the migration and Importation of Slaves into any of the States does not appear questionable.— The first article of the constitution specifies the legislative Powers committed to the Congress— The 9th. Section of that article has these words—

“The migration or Importation of such Persons, as any of the now existing States shall think proper to admit, shall not be prohibited by the Congress prior to the Year 1808— But a Tax of Duty may be imposed on such Importation, not exceeding ten Dollars for each Person.”

I understand the Sense and meaning of this Clause to be—that the Power of the Congress, altho’ competent to prohibit such migration ^and Importation^ was not to be exercised, with Respect to the then existing States (and them only) until the Year 1808. but that the Congress were at Liberty to make such Prohibition as to any New State, which might in the mean time be established— And further— that from and after that Period they were authorized to make such Prohibition as to All the States, whether New or Old—

It will I presume be admitted that Slaves were the Persons intended— The word Slaves was avoided, probably on account of the existing Toleration of Slavery, and of its Discordancy with the Principles of the Revolution; and from a Consciousness of its being repugnant to the following Portions in the Declaration of Independence, vizt.

“We hold these Truths to be self evident— that All Men are created equal— that they are endowed by their Creator with certain unalianable Rights— that among them are Life Liberty and the Pursuit of Happiness.”—

As to my taking an active part in “organizing a Plan of Co-operation”— the State of my Health has long been such as not to admit of it—

Be pleased to assure the Committee of my best wishes for their Success— and permit me to assure you of the Esteem and Regard with which I am Dr Sir Your faithful & obt. Servt

The Honb. Elias Boudinot Esqr

Dft, NNC (EJ: 08767). Endorsed: “… abt. Slavery.” WJ, 1: 452–53; HPJ, 4: 430–31.

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