Fugitive Slaves (1619-1865)McDougall, Marion Gleason
History
Fugitive Slaves (1619-1865)
McDougall, Marion Gleason
Fugitive slaves -- United States; Slavery -- Law and legislation -- United States
"NO PERSON HELD TO SERVICE OR LABOUR 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 LABOUR, BUT
SHALL BE DELIVERED UP ON CLAIM OF THE PARTY TO WHOM SUCH SERVICE OR
LABOUR MAY BE DUE."[53]
In the various Constitutional Conventions, there was little discussion
upon the matter. The Southern States in general considered the clause
sufficient to protect their property. General Charles C. Pinckney, in
South Carolina, said: "We have obtained the right to recover our slaves
in whatever part of America they may take refuge, which is a right we
have not had before. In short, considering all circumstances, 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, but on the
whole I do not think them bad."[54] In North Carolina, Mr. Iredell
explained to the Convention that the Northern delegates, owing to their
peculiar scruples on the subject of slavery, did not choose the word
"slave" to be mentioned; but since the present laws were so prejudicial
to the inhabitants of the Southern States, some such clause was
necessary.[55] In Virginia, Mr. Grayson discussed the provision giving
Congress exclusive legislation over ten square miles surrounding the
capital. It seemed to him that, unless the ten miles square be considered
a State, "persons bound to labor who shall escape thereto will not be
given up. For they are only to be delivered up after they shall have
escaped into a State."[56] This objection, though perfectly good at the
time, was later overcome by the adoption by Congress of the laws of
Maryland for the regulation of the District of Columbia, whereby it was
made slave territory. Mr. Mason did not think the clause provided
sufficiently for the protection of their slaves,[57] but Mr. Madison
urged its adoption, as a better security than anything they then had.[58]
In the North, there was apparently no discussion upon this article.
Everywhere, however, it was thought that without such a clause the
Southern States would not consent to the Union, and, in a spirit of
compromise, the provision was accepted.
[Footnote 1: Hurd, Law of Freedom and Bondage, I. 295.]
[Footnote 2: Nation, April 18, 1889.]
[Footnote 3: Appendix A, No. 1.]
[Footnote 4: N. Y. Colonial Manuscripts, XIII. 211.]
[Footnote 5: Appendix A, No. 45.]
[Footnote 6: Hurd, Law of Freedom and Bondage, I. 295.]
[Footnote 7: The texts will be found post, Appendix A.]
[Footnote 8: Appendix A, No. 6.]
[Footnote 9: Appendix A, No. 23.]
[Footnote 10: Appendix A, No. 20.]
[Footnote 11: Iredell, 90; Appendix A, No. 73.]
[Footnote 12: Maryland Archives, II. 224.]
[Footnote 13: Appendix A, No. 2.]
[Footnote 14: Appendix A, No. 53.]
[Footnote 15: Appendix A, No. 57; Appendix D, No. 6.]
[Footnote 16: Boston Gazette, Jan. 1, 1770.]
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