Page:An essay upon the constitutional rights as to slave property.djvu/9



no part of the doctrine founded upon that condition can be applicable here. The contrary practice has, indeed, been universal in America; and our practice is so strongly authorized by the civil law, from which this sort of domestic slavery is derived, and is in itself so consistent with the precepts of nature, that we must now consider it as the law of the land."

The jury were left to determine from the evidence, whether the plaintiff's mother was a slave at the time of his birth according to the laws of the state where he was born; and their verdict upon the evidence was for the defendant.

This trial took place in 1786, only the year before that in which the convention was held that formed the federal constitution.

At the time of the convention, the experience of the states south of Pennsylvania, was such as to produce distrust of their northern brethren as to the safety of their property in slaves.

"It was no easy task to reconcile the local interests and discordant prepossessions of the different sections of the United States; but the business was accomplished by acts of concession and mutual condescension."

2. Provisions made by the Federal Convention, for the security of the South.—The original articles of confederation contained a clause in the following words:

"If any person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the government or executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence."

In the convention of 1787, the committee to whom were referred the proceedings of the convention, for the purpose of reporting a constitution, reported a draft, in which the fifteenth article was as follows:

"Any person charged with treason, felony or high misdemeanor in any state, who shall flee from justice and shall be found in any other state, shall, on demand of the executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of the offence."

When the draft was before the convention, on the 28th of August, 1787, it was moved to strike out the words "high misdemeanor," and insert the words "other crime;" which motion passed in the affirmative.

On the next day, a motion was made to agree to the following proposition, to be inserted after the fifteenth article:

"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 regulation subsisting in the state to which they escape, but shall be delivered up to the person justly claiming their service or labor."

This proposition was unanimously adopted.

Afterwards, a committee was appointed to revise the style of, and arrange the articles agreed to by the house. The second section of the fourth article, reported by the committee of revision, contained the following clauses:

"A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, and removed to the state having jurisdiction of the crime."

"No person legally held to service or labor, 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 labor may be due."

The federal constitution, as adopted, contains the clauses thus reported with some amendment. In the first clause the words "to be removed," are in place of the words "and removed." In the second clause, the changes of language are more striking. The word "legally" is struck out, and after the word "state," the words "under the laws thereof," inserted; and the expression, "regulations subsisting therein," is substituted by the words "any law or regulations therein."

3. Debates in the State Conventions.—When the Virginia convention were considering whether they would assent to, and ratify the federal constitution, Mr. Madison, amongst other things, said—"it is worthy of our consideration that those who prepared the paper on the table, found difficulties not to be described in its formation—mutual deference and concession were absolutely necessary. Had they been inflexibly tenacious of their individual opinions, they would never have concurred. Under what circumstances was it formed? When no party was formed, or particular prepossession made, and men's minds were calm and dispassionate. Yet, under these circumstances, it was difficult, extremely difficult, to agree to any general system.

The members of the Virginia convention were nearly equally divided upon the question of ratification, and the opposition embraced a very considerable proportion of the talent of the state. Amongst the opponents, there were none more decided or more zealous, than ''Geo. Mason and Patrick Henry''.

When the section, declaring that the importation of such persons as any of the states might think proper to admit, should not be prohibited by