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
Art. 4, sec. 2: "No person held to service or labor 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
labor; but shall be delivered up, on claim of the party to whom such
service or labor may be due."
The time of holding not being limited, the expression here used must
include not only persons held to service or labor for a term of years,
but also those held to service or labor for life. Consequently, it
includes those who are free persons within the meaning of Art. 1, sec.
2, and slaves or persons held to service or labor for life.
That the expression "person held to service or labor" was a correct
definition of the condition of a slave, at the time the Constitution was
adopted, is evident. The sixth article of the North-western ordinance
reads thus: "There shall be neither slavery nor involuntary servitude in
the said territory, otherwise than in the punishment of crimes, whereof
the party shall have been duly convicted; provided always, that, any
person escaping into the same, from whom labor or service is lawfully
claimed in any one of the original States, such fugitive may be
lawfully reclaimed, and conveyed to the person claiming his or her labor
or service as aforesaid." In other words, the expression "a person from
whom labor or service is lawfully claimed" so correctly described the
condition of a slave, that Congress deemed it necessary to except such
persons from the operation of an article relating only to slaves. In
less than three months after the passage of this ordinance, this clause
in the Constitution was drafted. It needs no argument to show, that the
expression in the Constitution means the same as that in the ordinance.
"A person from whom labor or service is lawfully claimed in any one of
the original States" means the same as "a person held to service or
labor in one State under the laws thereof." If the former correctly
described the condition of a slave, the latter did also.
Public-domain text, read in full here on John Shaqi.
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