s,
but has been misconstrued and misapplied!
ANSWER. The meaning of the other two clauses, settled as it has been
by the unbroken practice and cheerful acquiescence of the Government
and people, no one has attempted to deny. This also has the same
length of practice, and the same acquiescence, to show that it
relates to slaves. No one denies that the Government and Courts have
so construed it, and that the great body of the people have freely
concurred in and supported this construction. And further, "The
Madison Papers" (containing the debates of those who framed the
Constitution, at the time it was made) settle beyond all doubt what
meaning the framers intended to convey.
Look at the following extracts from those Papers:
_Tuesday, August 28th_, 1787.
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._--Madison
papers, pp. 1447-8.
_Wednesday, August_ 29, 1787.
Mr. Butler moved to insert after Article 15, "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 service
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 was agreed to, _nem.
con._--p. 1456.
And again, after the wording of the above article had been slightly
changed, and the clause newly numbered, as in the present
Constitution, we find another statement most clearly showing to what
subject the whole was intended to refer:
_Saturday, September_ 15, 1787.
Article 4, Section 2, (the third paragraph,) the term "legally" was
struck out; and the words, "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.--p. 1589.
Is it not hence evident that SLAVERY was the subject referred to by
the whole article?
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