ed by the advocates of the
Constitution. If a suspicion had existed of such a construction,
it wd. at least have made a conspicuous figure among the
amendments proposed to the Instrument.[579]
There was very little objection to the provision for the return of
fugitive slaves. On the twenty-ninth of August, it was agreed that:
"If any Person bound to service or labor in any of the United
States shall escape into another State, He or She shall not be
discharged from such services or labor in consequence of any
regulations subsisting in the State to which they escape; but
shall be delivered up to the person justly claiming their service
or labor."
which passed in the affirmative (Ayes--11; noes--0.)
It was moved and seconded to strike out the two last clauses of
the 17 article[580]
On the same day when the question came up again:
Mr. Butler moved to insert after art: XV. "If any person bound to
service or labor in any of the U--States shall escape into
another State, he or she shall not be discharged from such
service or labor, in consequence of any regulation subsisting in
the State to which they escape, but shall be delivered up to the
person justly claiming their service or labor," which was agreed
to nem: con:[581]
The Committee of Style reported:
No person legally held to service or labour in one state,
escaping into another, shall in consequence of regulations
subsisting therein be discharged from such service or labor, but
shall be delivered up on claim of the party to whom such service
or labour may be due.[582]
On the thirteenth of September,
On motion of Mr. Randolph the word "servitude" was struck out,
and "service" (unanimously) inserted, the former being thought to
express the condition of slaves, & the latter the obligations of
free persons.[583]
Two days later:
Art. IV. sect 2. parag: 3. the term "legally" was struck out, and
"under the laws thereof" inserted (after the word "State,") in
compliance with the wish of some who thought the term (legal)
equivocal, and favoring the idea that slavery was legal in a
moral view----[584]
The Constitution provided then:
No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in Consequence of any Law
of Regulati
|