If the
bill should pass without the amendment, said he, the Southern people would
set the law at defiance, and he himself would begin the violation of so
unconstitutional an infringement of the rights of property. The House voted
to insist upon its amendment, and sent the bill to conference where in
compromise the prohibition as to the coastwise carriage of slaves for sale
was made to apply only to vessels of less than forty tons burthen. The
Senate agreed to this. In the House Mr. Early opposed it as improper in law
and so easy of evasion that it would be perfectly futile for the prevention
of smuggling from Florida. John Randolph said: "The provision of the bill
touched the right of private property. He feared lest at a future period it
might be made the pretext of universal emancipation. He had rather lose the
bill, he had rather lose all the bills of the session, he had rather lose
every bill passed since the establishment of the government, than agree
to the provision contained in this slave bill. It went to blow up the
Constitution in ruins."[30] Concurrence was carried, nevertheless, by a
vote of 63 to 49, in which the North cast 51 ayes to 12 noes, and the South
12 ayes to 37 noes.
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