The Sectional Controversy; or, passages in the political history of the United States, including the courses of the war between the sections

Front matter

Tip; SECTIONAL CONTROVERSY; OE, PASSAGES IN the POLITICAL HISTORY OF THE UNITED STATES, including the CAUSES OF THE WAR BETWEEN THE SECTIONS. BY WILLIAM CHAUNCEY FOWLEE, LL. D. NEW YORK: CHARLES SCRIBNER, 124 GRAND STREET. 1865. Entered according lo Act of Congress, In the yoar 1862, by JOHN F. TROW. fa the Clark's Office of the District Court of the United States for the Southern District © Hew York. JOHN F. TROW, ranrrra, 8tebiottpeh, aitd EiÆOTHOTYPMt, i6, 48 A 50 Greene Street, New York.

Preface

. In the year 1850, the week hefore Mr. Webstek delivered his memorable speech on the seventh of March, I had the pleasure, in Washington, of taking tea with my old friend and class mate, Governor McDowell, then a member of Congress. When I rose to take my leave of him, he said he was not willing to part without telling me of a burden which was resting on his mind. " I am convinced, my dear friend," said he, " that there will be a disunion of the States. There is a great change going on at the South. Two years ago, when I delivered my speech for the Union, all were melted down into a common feeling of love for the whole country. Men of all parties in the House gave me their hands and congratulated me on what they were pleased to call my patriotic speech. " But now some of the same men are not willing to hear a word on the subject of the Union.

I am not in the councils of these Southern men, though I suppose I might be, if I would think and act Avith them. Every thing is tending to disunion ; and I wanted to tell you so before you return to the North." As he said this to me in earnest, tender tones, and with eyes filled with tears, I felt that his sad forebodings ought to be heeded, and their grounds investigated. Not very far from this time, I made the acquaintance of Judge Buknet, of Cincinnati, at Union Hall, Saratoga, and was greatly interested in his intelligence, wisdom, and patriotism. In repeated conversations, he said to me, in substance : " These

PREFACE.

. IV States cannot long hold together— they will separate." On my replying, I can hardly believe that the Southern States will be so umvise, he answered, " Ah, my dear sir, the difficulty is with Northern men. Great numbers of them do not value the Union so much as they do their doctrines on slavery, which, in their working, are hostile to the Union. A spirit of disunion exists at the North which will continue to increase in extent and intensity until it has produced a separation of the States." After hearing the testimony of these two patriot statesmen, the one speaking of the South and the other of the North, I resolved to investigate the following questions, chiefly for my own satisfaction : I. Is the traditionary sentiment in favor of the Union dying out in the hearts of the people of the States ?

II. Is the bond of Union, namely, the Constitution, growing weaker in the respect and confidence of politicians ? III. As a consequence, are the States drifting along, to some extent, unconsciously, toward disunion ? IV. What are the causes of this alarming condition of the country ? V. Which section of the Union is responsible for the operation of these causes ? While investigating these questions, my historical collec tions, in their bearing on their solution, grew to such an amount, and assumed so much importance in my estimation, that I con cluded to present them to the public in the following pages, as furnishing a satisfactory answer to these questions. In adopting a chronological arrangement of my materials, I have endeavored to bring distinctly into view the prominent questions in dispute between the two sections in the successive eras, from the first set tlement of the country down to the close of President Buchanan's administration.

The answer to the former set of questions depends on the answer to the latter. For the statement of PREFACE, V these latter questions, and for the arguments on each side, I have quoted Northern utterances and Southern utterances. These, with the " Remarks " inserted at the close of each chap ter, will enable the careful reader, at a small expense of time, to obtain a knowledge of the principal sectional questions which have agitated the country from the first to the present time. He cannot fail to see that the same questions, under dif ferent forms, appear, disappear, and reappear, on the tide of time, as if they had not already been discussed, and as if one generation of politicians must again settle what had been re garded as settled by a former generation. Every political as pirant in each section has been ready to show his prowess in attacking some supposed political heresy in the other section, even though it had been often confuted ; just as formerly " every young churchman militant would try his arms in thun dering on Hobbes's Steel Cap."

Disguise it as Ave will, bitter feuds have existed between the North and the South, for a generation at least, reckoning a generation at thirty years. In that period men have come for ward into life in each section Avho think of those born in the other section, only to hate them or despise them, or, at least, to misunderstand them. Where does the blame rest? Not solely on the North, nor solely on the South. Iliacos intra muros peccatur, et extra. The careful reader of this small volume will be satisfied that all the political intelligence and virtue of the country is not to be found north of Mason and Dixon's line, nor south of it ; and that political and sectional pride, and intolerance, and hatred, and desire of office, confined to neither section, have brought the Union of the States to the verge of ruin.

When the rapid current of events in 1861 outran the fears of the ridiculed " Union-savers," and hurried on the dreaded catas trophe, the civil war, then begun, was but the logical sequence of foregoing events. Bitter feelings long cherished, bitter VI

PREFACE.

. words often uttered, injuries inflicted, insults offered, naturally germinated and greAV into deeds of violence and blood. Dra gons' teeth had been plentifully soavh, and they started up armed men. And yet multitudes, at the time, were so ignorant of the prevalent sectional feelings and purposes, that, in surprise, they asked, " What are they fighting for ? " The people of the two sections of the country, are, to a large extent, ignorant of each other, and hence, in their estimate of each other's institutions, they are misled by illusions of the imagination. For the purpose of distributing information among the peo ple, this volume, which might be entitled " Historical Collec tions," is offered to various classes of readers. I. To all, whether North or South, who are ignorant of the political history of the United States, and who have not an op portunity of referring to original sources.

H. To all, whether North or South, who have strong sec tional prejudices. HI. To all, whether North or South, who wish for the restoration and the preservation of the Union. IV. To all, whether North or South, who wish to under stand the causes of the war between the sections. V. To all, whether North or South, who value the prosper ity of the country more than they do the success of their party. VI. To all, whether North or South, who believe that mere ly defeating the armies of the Southern States will bring hack the Union. , VII. To all, whether North or South, who wish to under stand the constitutional relations between the States and the Federal Government. VlH. To all, whether North or South, whose hearts, not limited by party or section, are large enough to embrace the interests of the whole country, and of all the States.

PREFACE.

. VII The final issue of the sectional controversy hes in the future, beyond the ken of mortal vision, Avrapped up in the hollow of God's mysterious hand. He only, who presides over the des tiny of nations, " sees the end from the beginning." But though thus limited in vision, man can gather from the past the lessons of wisdom for his guidance in the future. And may we not indulge the pleasing hope that the people of the States, gathering wisdom from the mistakes of the past, in the sectional controversy, may become qualified to enjoy, in the long future, the blessings of union under the Federal Constitution ? W. C. F. Kiw York, 1862. CONTENTS. CHAPTEK I. FiOI Original sectional diversities, 7 Additional sectional diversities, 1 Bond of sympathy between the colonies, 8 Birth of the spirit of Union, 9 Sectional feeling yielding to love of country, 10 Sectional opinions in the Continental Congress, 10 Proposed sectional Convention of the Eastern States, 11 Sectional feeling in the Revolutionary army, 12 Remarks, 12

Chapter II

The Constitutional Convention, 14 Navigation Acts, 14 The slave trade, . 15 Proposal of Gouverneur Morris, 16- Debate in the Convention on the slave trade, and navigation acts, . . .16. Spirit of the Committee of Eleven, 18 Gain and loss to each section by the " bargain," 19 Virginia not a party to the bargain, 19 Slaves recognized as property in the Constitution, 20 The word " slave " not used in the Constitution 21. Fugitive slaves, 22 Representation and taxation 23 Remarks, 24

Chapter III

General Washington's Administration SO Duties on tonnage and imports, 30 Submission of the South to these duties, 31 Sectional discussion of slavery, 32 Bank of the United States a sectional measure, ...... 33 The Excise law a sectional measure, 34 Assumption of State Debts a sectional measure, 34. X CONTENTS. PiO« Location of the seat of Government a sectional measure, Bargain in Congress, . . . . . . • • • • .3b Fugitives from justice and from labor, Jefferson's letter to General Washington, ™ Remarks,

Chapter IV

John Adams' Administration, ....••••••" Assertion of State rights, 44 Doctrine of State rights, ** Luther Martin's letter, with the opinions of Johnson, Ellsworth, Hamilton, and Madison and others on State rights and military coercion, . . . 46-62 Remarks, 62

Chapter V

Mr. Jefferson's Administration, 54 Mr. Jefferson elected by the States voting in Congress assembled, ... 54 Sectional spirit of the times, 65 Restrictions upon commerce, ........*. 68 Sectional opposition, ........... 59 The purchase of Louisiana, .......... 59 Sectional opposition, 60 Remarks, 60

Chapter VI

Mr. Madison's Administration, 61 Sectional opposition to commercial restrictions, 62 Sectional opposition to the war of 1812, 63 The Hartford Convention, 66 Proposed alterations of the Constitution, • 65 State Commissioners sent to Washington, 67 Contemporaneous views of Northern men, John Lowell, Gouverneur Morris, Dewitt Clinton, John Quincy Adams, ....... 67-71 Remarks, 71

Chapter VII

Mr. Monroe's Administration, , 76 Restriction of slavery in Missouri proposed and urged by Northern men, . . 76 Resistance by Southern men, ......... 77-79 Great sectional excitement, 179 The compromise bill passed, gO The compromise not carried out by Northern members, .... 80-81 Admission of Missouri, §2 Remarks, CONTENTS, XI

Gen. Pierce's Administration, *"• Appeal of Senators Chase, and Sumner and others on the subject of the repeal of the Missouri Compromise, . , Clerical protest, "8 Remarks, 184

Chapter XV

Mr. Buchanan's Administration, ......... 187 Is the Republican party sectional ?......••• 188 The Dred Scott decision, 191 Helper's Book, 193 The John Brown invasion, .......... 197 Sympathy with Brown, ........... 200 Personal liberty bills, 201 Is slavery a creature of local law ? 202 Northern Abolition and disunion sentiments, 204 Caleb Cushing in Boston, 1859, . 209 Davis's resolutions on the relations of the States to the General Government, . 210 Power of Congress over Territories, 211 Territory of Louisiana, . . . . . . . . . . 211 Who were the parties to the constitutional compact ? . . ' . .213 Mr. Webster's resolutions in the Senate in 1832, .... . . 214 Ordinance of secession passed by Georgia, 216 Mr. Madison on secession, 217 Declaration of the Convention of South Carolina of the causes of secession, . 224 The peace Congress, 229 Mr. Crittenden's resolutions, 229 Letters of Senators Bingham and Chandler, 230 Remarks 232-268

Chapter I. Original Sectional Diversities

Before the American Revolution, there were on the great eastern slope of North America, along the shores of the At lantic Ocean, thirteen separate colonies. These colonies were, indeed, connected with England, as their mother country ; but in their relations to each other they were independent and sov ereign nations. Moreover, they were, to some extent, alien to one another in race, in religion, and in political affinities. The inhabitants of New Hampshire, Massachusetts, and Connecticut, were de scended from that class of the English who were Puritan in their religion, and Roundhead in their politics. The inhabitants of New York and New Jersey were largely descendants of the Dutch. The English Quakers, the original settlers, gave a certain character to Pennsylvania, just as the Roman Catho lics did to Maryland, just as the prelatical cavaliers did to Virginia, iust as did the French Huguenots to South Carolina.

ADDITIONAL SECTIONAL DIVERSITIES. But other diversities were, in process of time, created by climate, education, industrial, pursuits, social institutions, and government. The people of New Hampshire, New Jersey, Virginia, the Carolinas, and Georgia, were under what was called a Provincial Government, in which the Governors were appointed by the CroAvn. The people of Maryland, Pennsyl vania, and Delaware, were under what was called a Proprietary Government, in which the Governors were appointed by certain individuals called proprietaries. Massachusetts, Rhode Island, and Connecticut, were under what was called a Charter Gov ernment, in which the Governor was appointed by the freemen of the colony. In Massachusetts, after 1692, the Governors were appointed by the Crown. Nor were the existing diversities diminished by personal intercourse between the colonies, or by the press.

In those times there were but few travelling, whether for the purposes of business or pleasure ; and the press had but a limited circu lation for the few newspapers Avhich it sent forth. So great were these diversities, that in Rivington's Gazette, p. 32, they are thus noticed : " Nothing has surprised people more than the Virginians and Marylanders joining with so much warmth with the NeAV England Republicans in their opposition to their ancient Constitution, which has been the glory of the English in every part of the world. As there are certainly no nations un der heaven more opposite than these colonies, it would be very difficult to account for it on the principle of religion and sound policy, had not the Virginians discovered their indifference to both, so highly revered by their illustrious ancestors."

BOND OF SYMPATHY BETWEEN THE COLONIES. But it was also true that the colonies, generally, were of com mon blood, and spoke a common language, and were familiar with the same traditions, and, in relation to Great Britain, had common rights and interests at stake, and common habits of reasoning about them. It is not surprising, therefore, that when the croAvn encroached on the rights of Massachusetts, that all the colonies should express the liveliest interest in her sufferings. Her fate might soon be theirs. It is not surprising that Virginia should take the lead in the declaration, that the interests of all the colonies were concerned in what was done by the British BOND OF SYMPATHY BETWEEN THE COLONIES. 9 Government, in respect to Massachusetts. The Assembly of Virginia warned the king of the danger that would ensue, " if any person in any part of America should be seized and carried beyond sea for trial," May 16, 1769.

Of the resolves passed by Virginia at this time, Bancroft says : " Is it asked who was the adviser of the measure ? None can tell. Great things were done, tranquilly and modestly, without a thought of the glory that was their due. Had the Ancient Dominion been silent, I will not say that Massachu setts might have faltered ; but mutual confidence would have been wanting. American freedom was more prepared by cour ageous counsel for successful war." His. Am. Rev., vol. iii., p. 310. In another place he says : " The Boston committee were already (1774) in close correspondence with the other New England colonies, with New York, and Pennsylvania. Old jealousies were removed, and perfect harmony subsisted between all. " Union " was the cry, a union which should reach from Florida to the icy plains of Canada ; " p. 541.

Under a common impulse, in view of common interests at stake, all the colonies, except Georgia, sent delegates to the first Continental Con gress, which assembled at Philadelphia on the 5th of Septem ber, 1774. It is not surprising that Patrick Henry should, in that Congress, scout the idea of sectional distinctions and of in dividual interests. "AU America," said he, " is thrown into one mass. Where are your landmarks, your boundaries of colo nies ? They are all thrown down. The distinction between Virginians, Pennsylvanians, New Yorkers, and New Englanders are no more. / am not a Virginian, but an American." Un der a common impulse all the States sent delegates to the second Continental Congress, which assembled at Philadelphia on the 10th of May, 1775, which unanimously appointed George Washington commander-in-chief of the continental forces in the united colonies.

Under a common impulse, all the colonies, on the 4th of July, 1776, voted, through their delegates, " that the united colonies ought to be Free and Independent States." Under the same common impulse, the States, eleven of them, adopted the articles of confederation in 1778, one in 1779, and the remaining one in 1781, by which the union of the States was consummated. sectional feeling yielding to love of country. It is not to be supposed that the appointment of George Washington to the supreme command, or that the draft of the Declaration of Independence by another Virginian, or that the action of the Continental Congress would entirely avoid the manifestation of sectional feelings. Such feelings were, indeed, called forth, but they were expelled from the heart of the people of the colonies by the new and stronger affection, namely, love of country.

The sectional feeling, which led some of the North ern delegates, in the Continental Congress in 1775, to prefer Artemas Ward or some New England man to be commander-in chief, they nobly sacrificed on the altar of patriotism, and gave their voices and their votes for a Virginian, who was selected partly on sectional grounds. The sectional feelings naturally aroused by the first draft of the Declaration of Independence, prepared by Mr. Jefferson, was allayed by striking from it the objectional clauses. These are his words : " The clause, too, reprobating the enslaving of the inhabitants of Africa, was struck out in complaisance to South Carolina and Georgia, who had never attempted to restrain the importation of slaves, and who, on the contrary, Avished to continue it. Our Northern brethren, also, I believe, felt a little tender under those cen sures ; for, though their people had very few slaves themselves, yet they had been pretty considerable carriers of them to others." — Jefferson's Works. sectional opinions in the continental congress.

In the Continental Congress, it was proposed, July 12, 1776, " that the expenses of the Confederation should be borne by each colony, in proportion to the number of inhabitants of every age and quality, except Indians, not paying taxes in each col ony ; a true account of which, distinguishing the white inhab itants, shall be triennially taken and transmitted to the Assem bly of the United States." . . Mr. Chase, of Maryland, moved " that the quota should be paid, not by thp number of inhabitants, but by the white inhabitants." PROPOSED SECTIONAL CONVENTION. John Adams, of Massachusetts, and Mr. Wilson, of Pennsyl vania, spoke in opposition to this amendment. The amendment was rejected by the votes of NeAV Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsyl vania, against those of Maryland, Virginia, North Carolina, South Carolina, Delaware ; Georgia being divided.

March 28, 1783, on the same subject, it Avas voted that slaves be taxed 3 to 5. 'New Hampshire, aye ; Massachusetts, no ; Rhode Island, no ; New Jersey, aye ; Pennsylvania, aye ; Dela- Avare, no ; Maryland, aye ; Virginia, aye ; North Carolina, aye ; South Carolina, no ; Connecticut, no ; New York, aye. PROPOSED SECTIONAL CONVENTION. April 1, 1783. Mr. Gorham, of Massachusetts, in the Con gress of the Confederation, observed, as a cogent reason for hastening the business, " that the Eastern States, at the invitation of the Legislature of Massachusetts, were, with New York, about to form a convention for regulating matters of common concern, and that, if any plan should be sent out by Congress, they would probably cooperate with Congress in giving efficacy to it." Mr. Mercer, of Virginia, expressed great disquietude at this information; considered it as a dangerous precedent; and "that it behooved the gentleman to explain fully the object of the Con- A'ention, as it Avould be necessary for the Southern States to be otherwise very circumspect in agreeing to auy plans on the supposition that the general Confederacy Avas to continue."

Mr. Osgood, of Massachusetts, aud Mr. Gorham, explained " that the object of the proposed Convention was to guard against an interference of taxes among States Avhose local situation required such precautions." Mr. Bland, of Virginia, said " he ahvays considered these con ventions as improper, and contravening the spirit of the general government. He said they had the appearance of Young Con gresses." Mr. Madison and Mr. Hamilton disapproved of those partial conventions, not as absolute violations of the Confederacy, but, as ultimately tending to them, and as, in the mean time, exciting pernicious jealousies ; the latter observing, "he wished, in stead of them, to see a General Convention take place." SECTIONAL FEELING IN TnE ARMY OF THE REVOLUTION. Nowhere were these sectional jealousies more prevalent than in the motley army assembled, from distant quarters, under Washington's own command.

Reed, the adjutant-general, speaking on this Subject, observes: "The Southern troops, com prising the regiments south of the Delaware, looked with very unkind feelings on those of New England." " It is with great concern," says Washington, in one of his general orders, " that the general understands that jealousies have arisen among the troops from the different provinces, and reflections are throAvn out which can only tend to irritate each other, and injure the noble cause in which we are engaged, and which we ought to support with one hand and one heart." In a letter to Gen. Schuyler, 1776, he says : " I must entreat your attention to do away the unhappy and pernicious distinc tions and jealousies between troops of different governments. Enjoin this upon the officers, and let them inculcate and press home to the soldiery the necessity of order and harmony among those who are engaged in one common cause, and mutually contending for all that freemen hold most dear."

John Adams, speaking of the violent passions and discordant interests at work throughout the country, from Florida to Cana da, observes : " It requires more serenity of temper, a deeper understanding, and more courage, than fell to the lot of Marl borough, to ride in this whirlwind." Irving's Life of Washing ton, vol. ii., p. 287. REMARKS. It is then manifest : 1. That there were original and acquired diversities of char acter in the early settlers of the States, which were the founda tion of sectional feelings at the commencement of the American Revolution. 2. That these feelings, for the time, were overborne by the REMARKS, common dangers and5 the common interests in respect to Great Britain, Avhich established a strong bond of sympathy between them. 3. That, nevertheless, sectional interests were recognized and sectional feelings manifested in the Congress of the Confedera tion, and in the army, that were a great embarrassment to the Government and to the commander-in-chief. 4.

That, notwithstanding these sectional feelings in the minds of those who indulged them, and in the hearts of the people generally, national feelings so far prevailed through the several States, that they contended successfully through a seven years' war with the mother country, and won the independence which they had declared, and took their place by common con sent among the civilized nations of the earth, as a Confederacy, styled, The United States of America.

Chapter II. The Constitutional Convention

The common fear of Great Britain had caused the States to adopt the " Articles of Confederation." When that fear was removed by the treaty of peace, January, 1783, those articles had lost their poAver as a bond of union. The common fear of imbecility and anarchy, into which they were in danger of sinking down, after the excitements of the war had passed off, caused them to adopt the Constitution. The Convention was composed of gentlemen of high moral principle, of undoubted patriotism, and of courteous manners, of broad views, some of them accustomed to act together in the Continental Congress or in the army, and all of them entertain ing a great respect for Washington, the President. The Con vention assembled in May, 1787. Still sectional difficulties arose in that body, which, with others inherent in the subjects under discussion, threatened its dissolution, before they had accomplished the object for which they came together.

These subjects were : 1. Navigation. 2. Slavery. The North insisted on having protection for their property in commerce ; the South insisted on having protection for their property in slaves. NAVIGATION. The Committee of Detail had reported the following pro posal : " No navigation act shall be passed (by Congress) with out the assent of two-thirds of the members present in each House." This clause the Southern States were anxious to THE SLAVE TRADE. retain, lest their commerce should be placed too much in the power of the Eastern States ; but which the latter were anxious to reject, that thus a bare majority of Congress might pass naA'igation laws to their advantage, even though injurious to the Southern States. THE SLAVE TRADE. By the same committee, the slave trade was left just where the old Confederation had left it, without giving Congress the power to abolish it, or to lay any duty on imported slaves.

This proposal was acceptable to the Southern States, but not to the Northern ; for the delegates from the latter thought that slaves imported ought to be placed under the general provision for taxing imports, and some few of them also thought that they ought to favor morals by the abolition of the slave trade. Mr. King, of Massachusetts, "thought the subject ought to be viewed in apolitical light only. If two States (South Caro lina and Georgia) will not agree to the Constitution as stated on one side, he could affirm with equal belief on the other, that great and equal opposition would be experienced from other States." He remarked that " the exemption of slaves from duty, while every other import was subject to it, is an inequal ity that could not fail to strike the commercial sagacity of the Northern and Middle States."

Gen. Cotesavorth Pinckney, of South Carolina, in his reply, said " that he thought himself bound to declare candidly, that he did not think that South Carolina would stop the im portation of slaves in any short time, but only stop it occasion ally, as she now does. He moved to commit the clause, that slaves might be made liable to an equal duty with other im ports, which he thought right, and which would remove one difficulty which had been stated." Tuesday, August 21 and 22, 1787.— Mr. Ellsworth, of Con necticut, was for leaving the clause (which did not prohibit the importation of slaves) as it now stands. " Let every State import what it pleases. The wisdom or morality of slavery are con siderations that belong to the States themselves. What enriches a part enriches the whole ; and the States are the best judges CONTROVERSY. 16 of their particular interests.

The old Confederation had not meddled with this point, and he did not see any greater neces sity for bringing it within the policy of the new one." Mr. Sherman, of Connecticut, " was for leaving the clause as it now stands. He disapproved of the slave trade ; yet, as the States we?'e now possessed of the right to import slaves, and as the public good did not require it to be taken from them, and as it Avas expedient to have as few objections as possible to the proposed scheme of government, he thought it best to leave the matter as we find it ; that is, not prohibit the importation of slaves." Mr. Gouverneur Morris, of Pennsylvania, wished to have the whole subject to be committed, including the clause relating to navigation acts. " These things, namely, the slave trade, to which some of the North was opposed, and the navigation act without a restriction, to which the South was opposed, may form a bargain between the Northern and the Southern States."

COMMITTEE OF ONE FROM EACH STATE. The Committee of EleA'en, to whom was referred the subject of the " bargain," reported, August 24, 1787, " in favor of not allowing the Legislature to prohibit the importation of slaves before 1800, but giving them power to impose a duty at a rate not exceeding the average of other imports." DEBATE IN THE CONVENTION. General Pinckney, August 25, moved to strike out the year 1800, and insert 1808. Mr. Gorham, of Massachusetts, seconded the motion. It was then passed in the affirmative ; New Hampshire, Massachusetts, Connecticut, Maryland, North Carolina and South Carolina, voting in the affirmative (6) ; New Jersey, Pennsylvania, Delaware, and Virginia, in the negative (4). It was finally agreed, nem. con., to make the clause read, " but a tax or duty may be imposed on such importation, not ex ceeding ten dollars for each person."