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Article 4, Section 2, Clause 3



Document 3

Records of the Federal Convention

[2:443; Madison, 28 Aug.]

Mr. Butler and Mr Pinkney 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 expence.

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.

Art XV as amended was then agreed to nem: con:

[2:446; Journal, 29 Aug.]

It was moved and seconded to agree to the following proposition to be inserted after the 15 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 regulations subsisting in the State to which they escape; but shall be delivered up to the person justly claiming their service or labor"

which passed in the affirmative [Ayes--11; noes--0.]

[2:577, 601; Committee of Style]

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.

. . . . .

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.

[2:628; Madison, 15 Sept.]

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--


The Founders' Constitution
Volume 4, Article 4, Section 2, Clause 3, Document 3
http://press-pubs.uchicago.edu/founders/documents/a4_2_3s3.html
The University of Chicago Press

Farrand, Max, ed. The Records of the Federal Convention of 1787. Rev. ed. 4 vols. New Haven and London: Yale University Press, 1937.

Easy to print version.


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