ral states. We have obtained a right to
recover our slaves in whatever part of America they may take
refuge, which is a right we had not 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.[570]
Mr. Madison said in the Virginia ratifying Convention, June 17, 1787:
Mr. Chairman--I should conceive this clause to be impolitic, if
it were one of those things which could be excluded without
encountering greater evils.--The southern states would not have
entered into the union of America, without the temporary
permission of that trade. And if they were excluded from the
union, the consequences might be dreadful to them and to us. We
are not in a worse situation than before. That traffic is
prohibited by our laws, and we may continue the prohibition. The
union in general is not in a worse situation. Under the articles
of confederation, it might be continued forever: But by this
clause an end may be put to it after twenty years. There is
therefore an amelioration of our circumstances. A tax may be laid
in the mean time; but it is limited, otherwise congress might lay
such a tax on slaves as will amount to manumission. Another
clause secures us that property which we now possess. At present,
if any slave elopes to any of those states where slaves are free,
he becomes emancipated by their laws. For the laws of the states
are uncharitable to one another in this respect. But in this
constitution, "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."--This clause was
expressly inserted to enable owners of slaves to reclaim them.
This is a better security than any that now exists. No power is
given to the general government to interpose with respect to the
property in slaves now held by the states. The taxation of this
state being equal only to its representation, such a tax cannot
be laid as he supposes. They cannot prevent the importation of
sla
|