The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-14
THE UNION.

that the clause OF the constitution in regard pesons
held service labor" to be applied to
slaves. ~ Hh AGtAtA eA
In the national convention, :. Mr. Butler and Mr.
Pinckney moved TO require fugitive slaves and servants
to be delivered up like criminals " " Mr. Sherman saw
no more ptoprety IN the public sexns and surrendeTng
Ia slave or servant than horse.--Mad'soa PoPs's,
l447-S. s..I ,lassf,ss. +. #.se
In consequence of this objection the provision was
changed. and its language, now stands, shows tina.
the claim TO the surrender OF slaves was abandoned and
only ths one Tor servants retained H... rea.te . :
1t does not appear that word was ever ute red IN
the national convention to show that any member OF it
imagined that the provision, as hnaily agreed upon
would apply to slaves. ,.rsl,
Madison went home TO Virginia, and Mr. Pnckney to
South Carolina and in the State conventions OF those
States Get Up the pTeenGe that the clause WAS h.enaea
other southern member OF the national convention iolT
lowed their example In North Carolina. Mr.. lredell
(not member of the national convenon) said the pro-
vision was intended 10 refer to slaves but that the
northern delegates owing to their particular scuples on
the subject OF slavery did not choose the word slave to
think the declarations of these three mem Madison
Pinckney, and Iredell-are all the history" we have
that even southern men, at that tme understood the
In the northern conventions word was uttered,
SO far have any evidence, that any man dreamed
that this language would ever be understood author
zing claim for fugitive slaves 1t is incredible that
could have passed the northern conventions without OBJ
ection Qndeed, it could not have passed them at alb
il had been understood requiring them to surrender fu-
gitve slaves for, in several OF them was with great
difficulty that the adoption OF the constitution was Sc
cured when no such objection was started
The construction placed upon the provision at the
present day of the many frauds which the slave
holders aided by their corrupt nohern accompces have
succeeded in palmiAg of upon the North In fact the
South in the convention, has done SINCE acted
upon the principle OF getting by fraud what could not
openly obtain i was upon this principle that Mr. Madi
acted when he said that they ought not to admit in
the constitution the idea that there could be property in
He would not admit that idea in the constitution
itself but he Immediately went home and virtually told
has ota hiatt m
intended to have given to it in practice. He knew well
that if that idea admitted in the instrument ITSELF
the North would adopt it. He therefore conceived
and adhered to the plan OF having the instrument an
honest and free one in its terms to secure It's adoption by
the Morrill, and OF then trusting to the fraudulent inter
petatons that could be accomplished afterwards to make
il serve the purposes OF slavery
Further proof OF his fraudulent purpose in this partcu
lar is found in the fact that he wrote the 42d number OF
the FEEDER lis in which he treats OF the powers which
provide for the harmony and proper intercourse among
The States" But he makes mention OF the surrender
Of promoting that harmony and proper intercourse"
He did then dare say the North that the South in
tended ever to apply that clause to slaves.
But said that the passage OF the act OF l793 shows
that the North understood the constitution requiring
the OF fugitive slaves That act supposed TO
have passed without opposition from the North and the
was, that contained authority for or alusion
ths surrender OF fugitive slaves but only to ugitlves
from justice, and persons held to service labor The
South had not at that time become sufficiently audacous
to make such demand And il was twenty three years,
tar have discovered, (and have made reasonable
search in the mate after the passage Of that act before
&C, wa, scfnowedsed BY The supreme court Of any free
State to apply 10 slaves, ....
In 1885, two years after the passage OF the act Of Con-
gress, and after The constitution had been In force SIX
years, tried in the supreme court OF Pennsy-
vani4, indictment, under statute OF the State
against seduclng or carrying negroes or mulaoes ouf OF
the State with the intention TO sell them or keep them as
slaves :.
upon the evidence in support Of the prosecution. it
appeared that negro Toby had been brought tenn
vIaltt IN PhIladeDhla n family
General Sewer, OF the State OF Virginia that when Gen.
Sewer proposed returning to Virginia the negro refused
out the /, appeared also in evidence that
proposed by Richards the defendant that The negro be
enced into New Jersey "a slave Sa,e and their seized
The evidence behalf OF the defendant proved that
Toby slave belonging TO the father OF Gen. Sewer,
who had lent him to his son, merely for the journey TO
Philadelphia"
The defendant was found not guilty, agreeably TO the
charge OF the chief justice and what is material is, that
the tried wholly under the laws OF Pennsylvania
which permitted any traveller who came into Pennsyl-
vania upon temporary excursion for business amuse
men de,an his slave for six months and entitled him
to the aid Of the civil police to secure and carry him
encyclopaedia Us. Richards, Dallas, 224
Not one word was said BY either court or counsel OF
the provision OF the United States constitution in regard
persons held service labor" the act OF l793
as having any application to slaves or as giving any
thory for the recovery OF fugitive slaves Neither the
constitution nor the act Of Congress was mentioned in
connexon with the subject.
Is incredible that this should have been the case,
il il had been understood at that day that either the
s,iiuon the act of 1923 applied to saves'
Would have used force in the case, and thus
subjected himself TO the risk OF an indictment under the
State laws Or would there have been any proposition 10
entce the slave into slave State for the purpose OF
sezing him. If it had been understood that the laws oil
the United States open to him, and that every jus.
OF the peace provided by the act OF 1899
tborizsd TO deliver up the slave
II cannot reasonably be argued that was necessary 10
force fraud TO take the slave back for the
that he had been brought instead OF having escaped into
Pennsy lvanafor that distinction not to have been
thought Of until years after The frs, mention have
found OF II IN o6-Butier Hopper, Washing.
Ton, c. e. r., 400.
| In 1912 II was first acknowledged by the supreme
court OF New York that the act Of 1893 applied TO
New York then had slaves OF her ownGien Hodge,,
2 JOHNSON, o.
| In 1917 the supreme court Of Pennsylvania first
knowledged that the constitution and the act Of 1893
applied TO slaves. But slave then given up.-|
Commonwealth ~ Holloway, Sargent y Rnoie, 3o5.
In 1879 the supreme court OF Massachusetts first
knowledged that the constitutional provision in regard
10 persons held 10 service labor applied to slaves
Commonwealth Griffin, 2 Piekering, H.
Few, any, slaves have ever been given up under the
act OF 1893, in the free States until within the last
twenty thirty years; and the fact furnishes ground
for strong presumption that, during the first thirty years
alter the constitution went into operation, not
generally understood in the free States that the con.tu
lion required the surrender OF fugitive slaves.
-
all the States and my respecting them,
all treating them as a distinct class from slaves.
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