It falls within the scope of your enquiry, to state the fact, that there was a proposition in the convention, to discriminate between the old and new States, by an article in the Constitution declaring that the aggregate number of representatives from the states thereafter to be admitted, should never exceed that of the states originally adopting the Constitution. The proposition happily was rejected. The effect of such a descrimination, is sufficiently evident.
ⅭⅭⅭⅩⅩⅩⅢ. James Madison to Robert Walsh.[1]
It is far from my purpose to resume a subject on which I have perhaps already exceeded the proper limits. But having spoken with so confident a recollection of the meaning attached by the Convention to the term “migration” which seems to be an important hinge in the argument, I may be permitted merely to remark that Mr. Wilson,[*] with the proceedings of that assembly fresh on his mind, distinctly applies the term to persons coming to the U. S. from abroad, (see his printed speech p. 59): and that a consistency of the passage cited from the Federalist with my recollections, is preserved by the discriminating term “beneficial” added to “voluntary emigrations from Europe to America”
ⅭⅭⅭⅩⅩⅩⅣ. Walter Lowrie of Pennsylvania in the United States Senate.[2]
In the Constitution it is provided that “the migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax,” etc. In this debate it seems generally to be admitted, by gentlemen on the opposite side, that these two words are not synonomous; but what their meaning is, they are not so well agreed. One gentlemen tells us, it was intended to prevent slaves from being brought in by land; another gentleman says, it was intended to restrain Congress from interfering with emigration from Europe.
These constructions cannot both be right. The gentlemen who have preceded me on the same side, have advanced a number of pertinent arguments to settle the proper meaning of these words.
