The Anti-Slavery Examiner Volume III Part 85

Tuesday, August 28, 1787.

Article 14, was then taken up.

General Pinckney was not satisfied with it. He seemed to wish some provision should be included in favor of property in slaves.

On the question on Article 14,--

New Hamps.h.i.+re, Ma.s.sachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, aye--9; South Carolina, no--1; Georgia, divided.

Article 15, being then taken up, the words, "high misdemeanor," were struck out, and the words, "other crime," inserted, in order to comprehend all proper cases; it being doubtful whether "high misdemeanor" had not a technical meaning too limited.

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_. _pp_. 1447-8.

Wednesday, August 29, 1787.

General Pinckney said it was the true interest of the Southern States to have no regulation of commerce; but considering the loss brought on the commerce of the Eastern States by the Revolution, their liberal conduct towards the views[6] of South Carolina, and the interest the weak Southern States had in being united with the strong Eastern States, he thought it proper that no fetters should be imposed on the power of making commercial regulations, and that his const.i.tuents, though prejudiced against the Eastern States, would be reconciled to this liberality. He had, himself, he said, prejudices against the Eastern States before he came here, but would acknowledge that he had found them as liberal and candid as any men whatever. _p_. 1451.

[Footnote 6: He meant the permission to import slaves. An understanding on the two subjects of _navigation_ and _slavery_, had taken place between those parts of the Union, which explains the vote on the motion depending, as well as the language of General Pinckney and others.]

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.

Monday, September 10, 1787.

Mr. Rutledge said he never could agree to give a power by which the articles relating to slaves might be altered by the States not interested in that property, and prejudiced against it. In order to obviate this objection, these words were added to the proposition: "provided that no amendments, which may be made prior to the year 1808 shall in any manner affect the fourth and fifth sections of the seventh Article." _p_. 1536.

Thursday, September 13, 1787.

Article 1, Section 2. On motion of Mr. Randolph, the word "servitude"

was struck out, and "service" unanimously[7] inserted, the former being thought to express the condition of slaves, and the latter the obligations of free persons.

[Footnote 7: See page 372 of the printed journal.]

Mr. d.i.c.kinson and Mr. Wilson moved to strike out, "and direct taxes,"

from Article 1, Section 2, as improperly placed in a clause relating merely to the Const.i.tution of the House of Representatives.

Mr. Gouverneur Morris. The insertion here was in consequence of what had pa.s.sed on this point; in order to exclude the appearance of counting the negroes in the _representation_. The including of them may now be referred to the object of direct taxes, and incidentally only to that representation.

On the motion to strike out, "and direct taxes," from this place,--New Jersey, Delaware, Maryland, aye--3; New Hamps.h.i.+re, Ma.s.sachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, no--8. _pp_. 1569-70.

Sat.u.r.day, 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.

Mr. Gerry stated the objections which determined him to withhold his name from the Const.i.tution: 1--2--3--4--5--6, that three fifths of the blacks are to be represented, as if they were freemen. _p_. 1595.

LIST OF MEMBERS

OF THE FEDERAL CONVENTION WHO FORMED THE CONSt.i.tUTION OF THE UNITED STATES.

From Attended.

New Hamps.h.i.+re, 1 John Langdon, July 23, 1787.

_John Pickering,_ 2 Nicholas Gilman, " 23.

_Benjamin West_.

Ma.s.sachusetts, _Francis Dana_, Elbridge Gerry, May 29.

3 Nath'l Gorham, " 25.

4 Rufus King, " 25.

Caleb Strong, " 28.

Rhode Island, (No appointment.) Connecticut, 5 W.S. Johnson, June 2.

6 Roger Sherman, May 30.

Oliver Ellsworth, " 29.

New York, Robert Yates, " 25.

7 Alex'r Hamilton, " 25.

John Lansing, June 2.

New Jersey, 8 Wm. Livingston, " 5.

9 David Brearly, May 5.

Wm. C. Houston, do.

10 Wm. Patterson, do.

_John Nielson_, _Abraham Clark_.

11 Jonathan Dayton, June 21.

Pennsylvania, 12 Benj. Franklin, May 28.

13 Thos. Miffin, do.

Pennsylvania. 14 Robert Morris, May 25.

15 Gen. Clymer, " 28.

16 Thos. Fitzsimmons, " 25.

17 Jared Ingersoll, " 28.

18 James Wilson, " 25.

19 Gouv'r Morris, " 25.

Delaware, 20 Geo. Reed, " 25.

21 G. Bedford, Jr. " 28.

22 John d.i.c.kinson, " 28.

23 Richard Ba.s.sett, " 25.

24 Jacob Broom, " 25.

Maryland, 25 James M'Henry, " 29.

26 Daniel of St. Tho. Jenifer, June 2.

27 Daniel Carroll, July 9.