Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
It is not doubted that at home in the Slave States the fugitive clause
was interpreted as embracing slaves, and that this asserted license was
at times mentioned as a reason for the adoption of the Constitution.
Even Mr. Madison, who had declared in the National Convention that
it was “wrong to admit in the Constitution the idea that there could
be property in men,” argued afterwards, in the Virginia Convention,
that “this clause was expressly inserted to enable owners of slaves to
reclaim them,”[343]--all of which was doubtless true, but the question
still occurs as to the constitutional efficacy of the clause. Mr.
Iredell, who was not a member of the National Convention, undertook, in
the North Carolina Convention, to explain what it had done. Announcing
that the clause was intended to include slaves, he added: “The Northern
delegates, _owing to their particular scruples_ on the subject of
Slavery, did not choose the word _slave_ to be mentioned,”[344]--so
that, on the very statement of this expositor, the question naturally
arose whether slaves were really included. In the South Carolina
Convention, General Pinckney, who in the National Convention first
started the idea of “some provision in favor of property in slaves,”
boasted that this had been obtained; but he added, in suggestive
words, “We have made the best terms for the security of this species
of property it was in our power to make. _We would have made better,
if we could._”[345] True enough. The Slave-Masters got all they could:
if possible, they would have got more. But the question still recurs,
whether in this equivocal provision they got anything. In the National
Convention they adopted a clause which was only another illustration
of “Mr. Facing-both-ways.” At home, in their local conventions, they
courageously insisted that it faced only one way. Without dwelling
on old sayings about “a villain outwitting himself,” and wit failing
when “upon an ill employ,” clearly the wit of the Slave-Masters was
“upon an ill employ” when it sought to foist Slavery into the text of
the Constitution; and it is easy to see that all who engaged in the
work were like “a villain outwitting himself.” Whatever they may have
thought or boasted, the thing was not done.
From the origin of the fugitive clause, and the circumstances attending
its adoption, it is apparent that it has been the occasion of infinite
exaggeration and misrepresentation. Like a Pagan idol, it has been
worshipped and covered with gifts; but the prevailing superstition
which sustained the imposture has at last disappeared, and we see
nothing but a vulgar image of painted wood.
LEGISLATION FOR RENDITION OF FUGITIVE SLAVES.
Public-domain text, read in full here on John Shaqi.
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