statute-book; on the other side, it began with the uplifting of
the heathen, and descended to a denial of the applicability of moral
principles to the question. Said Holland of North Carolina: "It is
admitted that the condition of the slaves in the Southern States is much
superior to that of those in Africa. Who, then, will say that the trade
is immoral?"[25] But, in fact, "morality has nothing to do with this
traffic,"[26] for, as Joseph Clay declared, "it must appear to every man
of common sense, that the question could be considered in a commercial
point of view only."[27] The other side declared that, "by the laws of
God and man," these captured Negroes are "entitled to their freedom as
clearly and absolutely as we are;"[28] nevertheless, some were willing
to leave them to the tender mercies of the slave States, so long as the
statute-book was disgraced by no explicit recognition of slavery.[29]
Such arguments brought some sharp sarcasm on those who seemed anxious
"to legislate for the honor and glory of the statute book;"[30] some
desired "to know what honor you will derive from a law that will be
broken every day of your lives."[31] They would rather boldly sell the
Negroes and turn the proceeds over to charity.

The final settlement of the question was as follows:--

"SECTION 4.... And neither the importer, nor any person
or persons claiming from or under him, shall hold any right or
title whatsoever to any negro, mulatto, or person of color, nor
to the service or labor thereof, who may be imported or brought
within the United States, or territories thereof, in violation
of this law, but the same shall remain subject to any
regulations not contravening the provisions of this act, which
the Legislatures of the several States or Territories at any
time hereafter may make, for disposing of any such negro,
mulatto, or person of color."[32]

57. ~The Second Question: How shall Violations be punished?~ The next
point in importance was that of the punishment of offenders. The
half-dozen specific propositions reduce themselves to two: 1. A
violation should be considered a crime or felony, and be punished by
death; 2. A violation should be considered a misdemeanor, and be
punished by fine and imprisonment.[33]

Advocates of the severer punishment dwelt on the enormity of the
offence. It was "one of the highest crimes man could commit," and "a
captain of a ship engaged in this