er was a dissuasion from the centralizing of doubtful issues; and the
secrecy of the convention's proceedings exempted it from any pressure of
anti-slavery sentiment from outside.
On the whole the permanence of any critical problem in the premises was
discredited. Roger Sherman of Connecticut "observed that the abolition of
slavery seemed to be going on in the United States, and that the good sense
of the people of the several states would by degrees compleat it." His
colleague Oliver Ellsworth said, "The morality or wisdom of slavery are
considerations belonging to the states themselves"; and again, "Let us not
intermeddle. As population increases poor laborers will be so plenty as to
render slaves useless. Slavery in time will not be a speck in our country."
And Elbridge Gerry of Massachusetts "thought we had nothing to do with the
conduct of states as to slaves, but ought to be careful not to give any
sanction to it." The agreement was general that the convention keep its
hands off so far as might be; but positive action was required upon
incidental phases which involved some degree of sanction for the
institution itself. These issues concerned the apportionment of
representation, the regulation of the African trade, and the rendition of
fugitives. This last was readily adjusted by the unanimous adoption of a
clause introduced by Pierce Butler of South Carolina and afterward changed
in its phrasing to read: "No person held to service or labour in one state
under the laws thereof escaping into another shall in consequence of any
law or 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." After some jockeying, the other two questions were settled by
compromise. Representation in the lower house of Congress was apportioned
among the states "according to their several members, which shall be
determined by adding to the whole number of free persons ... three fifths
of all other persons." As to the foreign slave trade, Congress was
forbidden to prohibit it prior to the year 1808, and was merely permitted
meanwhile to levy an import duty upon slaves at a rate of not more than ten
dollars each. [23]
[Footnote 23: Max Farrand ed., _The Records of the Federal Convention_ (New
Haven, 1911), _passim_]
In the state conventions to which the Constitution was referred for
ratification the debates bore out a remark of Madison's at
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