Allowing that the clause relating to representation and that relating
to insurrections are immoral, it is contended that the article which
orders the return of fugitive slaves was not meant to apply to slaves,
but has been misconstrued and misapplied!
ANSWER. The meaning of the other two clauses, settled as it has been
by the unbroken practice and cheerful acquiescence of the Government
and people, no one has attempted to deny. This also has the same
length of practice, and the same acquiescence, to show that it
relates to slaves. No one denies that the Government and Courts have
so construed it, and that the great body of the people have freely
concurred in and supported this construction. And further, "The
Madison Papers" (containing the debates of those who framed the
Constitution, at the time it was made) settle beyond all doubt what
meaning the framers intended to convey.
Look at the following extracts from those Papers:
_Tuesday, August 28th_, 1787.
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._--Madison
papers, pp. 1447-8.
_Wednesday, August_ 29, 1787.
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.
And again, after the wording of the above article had been slightly
changed, and the clause newly numbered, as in the present
Constitution, we find another statement most clearly showing to what
subject the whole was intended to refer:
_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.
Is it not hence evident that SLAVERY was the subject referred to by
the whole article?
The debates of the Convention held in the several States to ratify
the Constitution, at the same time show clearly what meaning it was
thought the framers had conveyed:--In Virginia Mr. Madison said,
Another clause secures to us that property which we now possess. At
present, if any slave elopes to any of those States where slaves are
free, he becomes emancipated by their laws. For the laws of the
States are uncharitable to one another in this respect. But in this
Constitution, "no person held to service, or labor, in one State,
under the laws thereof, escaping into another, shall, in consequence
of any law or regulation therein, be discharged from such service or
labor; but shall be delivered up on claim of the party to whom such
service or labor may be due." This clause was expressly inserted to
enable owners of slaves to reclaim them. This is a better security
than any that now exists.
Patrick Henry, in reply observed,
The clause which had been adduced by the gentleman was no more than
this--that a runaway negro could be taken up in Maryland or New
York.
Governor Randolph said,
But another clause of the Constitution proves the absurdity of the
supposition. The words of the clause are, "No person held to service
or labor in one State," &c. Every one knows that slaves are held to
service and labor. If a citizen of this State, in consequence of
this clause, can take his runaway slave in Maryland, &c.
General Pinckney in South Carolina Convention observed,
"We have obtained a right to recover our slaves, in whatever part of
America they may take refuge, which is a right we had not before."