The Atlantic Monthly, Volume 12, No. 69, July, 1863: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 12, No. 69, July, 1863: A Magazine of Literature, Art, and Politics
Various
American periodicals
Every one is familiar with the words in which the Constitution, while not
naming Slavery, recognizes, under a certain phase, its existence, and aids
it, under certain circumstances, to maintain the rights to involuntary
labor which, under State laws, it claims; thus:--
"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 claims to service or labor here referred to may be for years or for
life: both are included in the above provision. In point of fact, there
were existing, at the time that provision was adopted, (as there still
exist,) both classes: the first class, for a term of years, then
consisting, in part, of claims against foreign adults who had bound
themselves to service for a limited time to repay the expenses of their
emigration,--but chiefly, as now, of claims to the service or labor of
what were called apprentices, usually white minors; the second, for life,
were claims to the service or labor of men, women, and children of all
ages, exclusively of African descent, who were called slaves.
The first class of claims were found chiefly in Northern States; the
second chiefly in Southern. There was a great disparity between the
numbers of the two classes. While the claims to service or labor for years
numbered but a few thousands, there were then held to service or labor for
life upwards of six hundred thousand persons: and the number has since
increased to about four millions.
The constitutional provision is, that persons from whom under State laws
service or labor is due shall not be exonerated from the performance of
the same by escaping to another State. The apprentice, or the slave,
shall, in that case, on demand of the proper claimant, be delivered up.
Such a provision clearly involves the recognition of certain rights of
property; but of what kind?
Is the ownership of one human being by another here involved? Is the
apprentice, or the slave, recognized in this clause as an article of
merchandise?
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