History of the Union Jack and Flags of the EmpireCumberland, Barlow
History
History of the Union Jack and Flags of the Empire
Cumberland, Barlow
Emblems -- Great Britain; Flags -- Great Britain
The leaven of English freedom evinced in 1774 had continued to work
among some of the States, even after their separation from the Crown,
and emancipation had been begun in Vermont in 1777, in Pennsylvania in
1780, and was impending in some of the others, but had by no means been
accepted in all.[156]
[156] Emancipation was effected in New Jersey in 1804; New York, 1827.
In arranging the proportionate representation of the several States
in the union congress it became necessary to apportion the number of
members of congress to be elected by each State, and in arranging this
representation a concession was made to the slave-owning States whereby
their slaves were to be recognized in estimating the number of their
population.
The Article[157] enacts:
"Representatives shall be apportioned among the several States which
may be included within this union according to their respective
numbers, which shall be determined by adding to the whole number of
free persons, including those bound to service for a term of years,
and excluding Indians not taxed, three-fifths of all other persons."
[157] Article I., Section 2, Constitution of United States, 1787.
By the apparently simple but very pregnant words, "all other persons,"
of whom three-fifths were to be added, were meant the slaves, who,
although they were not themselves accorded any citizenship or
right to vote, were thus counted in determining the number of the
representatives who were to be accredited to and elected by the State
in which they were held in slavery.
As slavery was, in 1787, legal in some of the States and illegal in
others, it also became necessary, in order to gain the acceptance of
the union by the slave-owning States, that provision should be made for
the legal return to their owners of any slaves who might escape from a
slave-owning to a free State, and a clause guaranteeing the rendition
of fugitive slaves was therefore embodied in the constitution. It was
enacted:
"No person held to service or labour in one State--under the laws
thereof--escaping to 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 of
labour may be due."[158]
[158] Article IV., Section 2, Constitution of United States, 1787.
It is stated on the authority of Madison,[159] "the father of the
constitution," that the words used in each case in the original drafts
of these clauses was "servitude," but it was afterwards changed to
"service."
[159] James Madison, subsequently twice President of the United States,
1809 and 1813.
Public-domain text, read in full here on John Shaqi.
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