New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North Carolina, aye--9; South Carolina,
no--1; Georgia, divided.
Article 15, being then taken up, the words, "high misdemeanor," were
struck out, and the words, "other crime," inserted, in order to
comprehend all proper cases; it being doubtful whether "high
misdemeanor" had not a technical meaning too limited.
Mr. Butler and Mr. Pinckney moved to require "fugitive slaves and
servants to be delivered up like criminals."
Mr. Wilson. This would oblige the Executive of the State to do it, at
the public expense.
Mr. Sherman saw no more propriety in the public seizing and
surrendering a slave or servant, than a horse.
Mr. Butler withdrew his proposition, in order that some particular
provision might be made, apart from this article.
Article 15, as amended, was then agreed to, _nem. con_. _pp_. 1447-8.
Wednesday, August 29, 1787.
General Pinckney said it was the true interest of the Southern States
to have no regulation of commerce; but considering the loss brought on
the commerce of the Eastern States by the Revolution, their liberal
conduct towards the views[6] of South Carolina, and the interest the
weak Southern States had in being united with the strong Eastern
States, he thought it proper that no fetters should be imposed on the
power of making commercial regulations, and that his constituents,
though prejudiced against the Eastern States, would be reconciled to
this liberality. He had, himself, he said, prejudices against the
Eastern States before he came here, but would acknowledge that he had
found them as liberal and candid as any men whatever. _p_. 1451.
[Footnote 6: He meant the permission to import slaves. An understanding
on the two subjects of _navigation_ and _slavery_, had taken place
between those parts of the Union, which explains the vote on the
motion depending, as well as the language of General Pinckney and
others.]
Mr. Butler moved to insert after Article 15, "If any person bound to
service or labor in any of the United States, shall escape into
another State, he or she shall not be discharged from such service or
labor, in consequence of any regulations subsisting in the State to
which they escape, but shall be delivered up to the person justly
claiming their service or labor,"--which was agreed to, _nem. con_.
_p_. 1456.
Monday, September 10, 1787.
Mr. Rutledge said he never could agree to give a power by which the
articles relating to slaves might be altered by the States not
interested in that property, and prejudiced against it. In order to
obviate this objection, these words were added to the proposition:
"provided that no amendments, which may be made prior to the year 1808
shall in any manner affect the fourth and fifth sections of the
seventh Article." _p_. 1536.
Thursday, September 13, 1787.
Article 1, Section 2. On motion of Mr. Randolph, the word "servitude"
was struck out, and "service" unanimously[7] inserted, the former
being thought to express the condition of slaves, and the latter the
obligations of free persons.
[Footnote 7: See page 372 of the printed journal.]
Mr. Dickinson and Mr. Wilson moved to strike out, "and direct taxes,"
from Article 1, Section 2, as improperly placed in a clause relating
merely to the Constitution of the House of Representatives.
Mr. Gouverneur Morris. The insertion here was in consequence of what
had passed on this point; in order to exclude the appearance of
counting the negroes in the _representation_. The including of them
may now be referred to the object of direct taxes, and incidentally
only to that representation.
On the motion to strike out, "and direct taxes," from this place,--New
Jersey, Delaware, Maryland, aye--3; New Hampshire, Massachusetts,
Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina,
Georgia, no--8. _pp_. 1569-70.
Saturday, September 15, 1787.
Article 4, Section 2, (the third paragraph,) the term "legally" was
struck out; and the words, "under the laws thereof," inserted after
the word "State," in compliance with the wish of some who thought the
term _legal_ equivocal, and favoring the idea that slavery was legal
in a moral view. _p_. 1589.
Mr. Gerry stated the objections which determined him to withhold his
name from the Constitution: 1--2--3--4--5--6, that three fifths of
the blacks are to be represented, as if they were freemen. _p_. 1595.
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