American Eloquence, Volume 2: Studies In American Political History (1896)
History
American Eloquence, Volume 2: Studies In American Political History (1896)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
Here, palpably, was no labor of compromise, no adjustment of conflicting
interest,--nor even any expression of solicitude. The clause finally
adopted was vague and faint as the original suggestion. In its natural
import it is not applicable to slaves. If supposed by some to
be applicable, it is clear that it was supposed by others to be
inapplicable. It is now insisted that the term "persons bound to
service," or "held to service," as expressed in the final revision, is
the equivalent or synonym for "slaves." This interpretation is rebuked
by an incident to which reference has been already made, but which will
bear repetition. On the 13th September--a little more than a fortnight
after the clause was adopted, and when, if deemed to be of any
significance, it could not have been forgotten--the very word "service,"
came under debate, and received a fixed meaning. It was unanimously
adopted as a substitute for "servitude" in another part of the
Constitution, for the reason that it expressed "the obligations of free
persons," while the other expressed "the condition of slaves." In
the face of this authentic evidence, reported by Mr. Madison, it is
difficult to see how the term "persons held to service" can be deemed to
express anything beyond the "obligations of free persons." Thus, in the
light of calm inquiry, does this exaggerated clause lose its importance.
The provision, showing itself thus tardily, and so slightly regarded in
the National Convention, was neglected in much of the contemporaneous
discussion before the people. In the Conventions of South Carolina,
North Carolina,and Virginia, it was commended as securing important
rights, though on this point there was difference of opinion. In the
Virginia Convention, an eminent character, Mr. George Mason, with
others, expressly declared that there was "no security of property
coming within this section." In the other Conventions it was
disregarded. Massachusetts, while exhibiting peculiar sensitiveness at
any responsibility for slavery, seemed to view it with unconcern. One
of her leading statesmen, General Heath, in the debates of the State
Convention, strenuously asserted, that, in ratifying the Constitution,
the people of Massachusetts "would do nothing to hold the blacks in
slavery." "_The Federalist_," in its classification of the powers of
Congress, describes and groups a large number as "those which provide
for the harmony and proper intercourse among the States," and
therein speaks of the power over public records, standing next in the
Constitution to the provision concerning fugitives from service; but it
fails to recognize the latter among the means of promoting "harmony and
proper intercourse;" nor does its triumvirate of authors anywhere allude
to the provision.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account