The Journal of Negro History Volume III Part 48
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 Const.i.tution 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 Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.[585]
FOOTNOTES:
[530] In the preparation of these doc.u.ments we used the notes and journals of Yates, McHenry and Madison and the subsequent writings of the framers of the Federal Const.i.tution, but these extracts of the actual proceedings are copied from Farrand's _Records of the Federal Convention_.
[531] _Records of the Federal Convention_, I, pp. 31-32.
[532] _Records of the Federal Convention_, I, pp. 35-38.
[533] _Ibid._, I, pp. 39-40.
[534] _Records of the Federal Convention_, I, p. 40.
[535] _Records of the Federal Convention_, I, pp. 152-153.
[536] _Ibid._, I, pp. 200-202.
[537] _Records of the Federal Convention_, I, pp. 205-206.
[538] _Ibid._, p. 208.
[539] _Records of the Federal Convention_, I, p. 227.
[540] _Ibid._, I, p. 243.
[541] _Records of the Federal Convention_, I, pp. 523, 524.
[542] _Ibid._, I. p. 542.
[543] _Records of the Federal Convention_, I, pp. 559-560.
[544] _Ibid._, I, p. 567.
[545] _Records of the Federal Convention_, pp. 575-576.
[546] _Ibid._, I, p. 579.
[547] _Ibid._, pp. 580-583.
[548] _Records of the Federal Convention_, I, pp. 580-583.
[549] _Records of the Federal Convention_, I, pp. 586-588.
[550] _Records of the Federal Convention_, I, pp. 589-590.
[551] _Records of the Federal Convention_, pp. 603--605.
[552] _Ibid._, II, p. 168.
[553] _Records of the Federal Convention_, pp. 182-183.
[554] d.i.c.kenson thought that unless the number of representatives given the large States was reduced the smaller ones would be encouraged to import slaves.
Art: VII. sect. 3. resumed.--Mr. d.i.c.kenson moved to postpone this in order to reconsider Art: Iv. sect. 4. and to _limit_ the number of representatives to be allowed to the large States. Unless this were done the small States would be reduced to entire insignificancy, and encouragement given to the importation of slaves. _Records of the Federal Convention_, II, 356, 570, 590.
[555] _Ibid._, III, p. 253.
[556] _Ibid._, III., pp. 155-156.
[557] _Records of the Federal Convention_, III, p. 333.
[558] _Ibid._, III, pp. 342-343.
[559] _Records of the Federal Convention_, II, p. 95.
[560] _Records of the Federal Convention_, p. 183.
[561] _Records of the Federal Convention_, II, pp. 220-221.
[562] _Records of the Federal Convention_, II, pp. 364-365.
[563] _Records of the Federal Convention_, II, pp. 369-375.
[564] _Ibid._, II, p. 378.
[565] _Records of the Federal Convention_, II, pp. 415-417.
[566] _Maryland Historical Magazine_, December, 1909.
[567] McMaster and Stone, _Pennsylvania and the Federal Const.i.tution_, pp. 311-313.
[568] P. L. Ford, _Essay on the Convention_, pp. 161-166.
[569] _Records of the Federal Convention_, III, pp. 210-213.