ArtI.S9.C1.1 Restrictions on the Slave Trade

Article I, Section 9, Clause 1:

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 one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

This sanction for the importation of slaves by the states for twenty years after the adoption of the Constitution, when considered with the section requiring escaped slaves to be returned to their masters, Article IV, Section 1, Clause 3, was held by Chief Justice Roger Taney in Scott v. Sandford1 to show conclusively that such persons and their descendants were not embraced within the term “citizen” as used in the Constitution. Today this ruling is interesting only as a historical curiosity.

60 U.S. (19 How.) 393, 411 (1857). back