The first of the foregoing clauses provides for the return of
fugitives from justice, and the second, of fugitive slaves.
The attitude of certain Northern States with reference to these two
provisions of the constitution was a subject of profound importance in
the years immediately preceding the Civil War, and constituted one of
the greatest grievances of the people of the slaveholding states.
At the time the constitution was adopted, slavery existed in every one
of the thirteen states except Massachusetts, though in some others
acts had been passed providing for its gradual abolition. It was
deemed essential, therefore, to the peaceful relations of the several
states as well as the legal rights of slaveholders that some provision
should be inserted in the Federal Constitution dealing with the return
of fugitive slaves as well as fugitives from justice. If a slave
could, by passing from New York into Massachusetts, absolve himself
from slavery with no remedy for the master except the grace of the
latter state, in which the institution was not recognized, then not
only were the rights of the slaveholding citizens of New York
dependent upon the laws of Massachusetts, but such conditions would
doubtless engender strife and reprisals between the different states
of the Union.
The necessity, as well as the justice, of fugitive slave laws was
recognized almost contemporaneously with the introduction of slavery
into this country. Thus, in the Article of Confederation adopted in
1643, between the colonies of Plymouth, Massachusetts, Connecticut and
New Haven, it was provided,
"If any servant runn away from his master into any other of these
Confederated Jurisdiccons, that in such case upon the Certyficate of
one Magistrate in the Jurisdiccon out of which the said servant
fled, or upon other due proofe, the said servant shall be delivered
either to his master or any other that pursues and brings such
certyficate or proofe."[290]
Provisions of like character were incorporated in many of the treaties
between the various colonies and the Indian tribes, and later between
the United States Government and the Indians.
The Ordinance of 1784, as adopted by Congress, contained no provision
for the return of fugitive slaves escaping into the territory
northwest of the Ohio River, and as we have seen, the provision
prohibiting slavery therein had been stricken out before its adoption.
On the 16th of March, 1785, Rufus King of Massachusetts presented a
resolution amending the Ordinance of 1784, so as to prohibit slavery
in the northwest territory, which resolution was referred to a
committee consisting of King, William Howell and William Ellery; the
last two members being from Rhode Island.
On the 6th of April, 1785, a report was presented from this committee
to Congress, providing for an amendment of the existing ordinance, so
as to exclude slavery from the northwest territory after the year
1800, "the resolution to be an article of compact" between the
thirteen original states and those created out of the territory. The
amendment so reported also made provision for the return to their
masters of fugitive slaves escaping into the territory from any of the
thirteen original states.[291]
No action was taken upon this report, but at the time the Ordinance of
1787 was under consideration, July 13th, 1787, a provision was
inserted prohibiting slavery in the northwest territory along with a
fugitive slave clause, by the unanimous vote of all the states
present.[292]