Source: Gordon Lloyd ed., Debates in the Federal Convention of 1787 by James Madison, a Member (Ashland, Ohio: Ashbrook Center, 2014), 317, 448- 449, 454, 521, 542, 561.
Northwest Ordinance, July 13
ARTICLE VI
There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid.
Committee of Detail Report, August 6
ARTICLE XV
Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.
Madison’s Account of Debates in the Constitutional Convention, August 28
Article XV 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[1] and Mr. PINCKNEY[2] moved to require “fugitive slaves and servants to be delivered up like criminals.”
Mr. WILSON.[3] This would oblige the Executive of the State to do it at the public expense.
Mr. SHERMAN[4] 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.[5]
[6]Adjourned.
Madison’s Account of Debates in the Constitutional Convention, August 29
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.
Committee of Style Report, September 12
Article IV. Sect. 2.
A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, and removed to the State having jurisdiction of the crime.
No person legally held to service or labor 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 labor may be due.
Madison’s Account of Debates in the Constitutional Convention, September 15
Article 4, Sect. 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.[7]
The Constitution, September 17
Article IV, Sect 2
Extradition Clause
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Fugitive Slave Clause
No Person held to Service or Labor 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 Labor, but shall be delivered up on Claim of the Party to whom such Service or Labor may be due.
