Slavery and the ConstitutionBowditch, William I. (William Ingersoll)
Religion
Slavery and the Constitution
Bowditch, William I. (William Ingersoll)
Enslaved persons -- United States -- Social conditions; Slavery -- United States
"That there was a contest between the Northern and Southern States;
that the Southern States, whose principal support depended on the
labor of slaves, would not consent to the desire of the Northern
States, to exclude the importation of slaves absolutely; that South
Carolina and Georgia insisted on this clause, as they were now in
want of hands to cultivate their lands; that in the course of twenty
years they would be fully supplied; that the trade would be
abolished then, and that in the meantime some tax or duty might be
laid on."
In the South Carolina Convention, Hon. Rawlins Lowndes said:--
"In the first place, what cause was there for jealousy of our
importing negroes? Why confine us to twenty years, or rather why
limit us at all? For his part, he thought this trade could be
justified on the principles of religion, humanity, and justice; for
certainly to translate a set of human beings from a bad country to a
better was fulfilling every part of these principles. But they don't
like our slaves, because they have none themselves."
Gen. Charles C. Pinckney said:--
"_By this settlement we have secured an unlimited importation of
negroes for twenty years_; nor is it declared that the importation
shall be then stopped: it may be continued; we have a security that
the general government can never emancipate them."
RESTORATION OF FUGITIVE SLAVES. (Const. Art. 4, sec. 2.)
In the Philadelphia Convention, Aug. 28, 1787, Art. 14 was taken up for
consideration. This article read, "The citizens of each State shall be
entitled to all privileges and immunities of citizens in the several
States." Gen. Pinckney was not satisfied with it. He seemed to wish some
provision should be included in favor of property in slaves.
Art. 15 was as follows:--
"Any person charged with treason, felony, or high misdemeanor, in
any State, who shall flee from justice, and shall be found in any
other State, shall, on demand of the executive power of the State
from which he fled, be delivered up and removed to the State having
jurisdiction of the offence."
This article being then taken up, the words "high misdemeanor" were
struck out, and the words "other crime" inserted, in order to comprehend
all proper cases; it being doubtful whether "high misdemeanor" had not a
technical meaning too limited.
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._--Mad. Papers,
pp. 1447-8.
The next day, Aug. 29, Mr. Butler, to accomplish his purpose, moved to
insert, after Art. 15,--
Public-domain text, read in full here on John Shaqi.
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