abounded to have them included in the enumeration of the population equally with the free negroes and the whites. They so far succeeded that the slave inhabitants were held to be a part of the grand aggregate of the people of the United States, and as such were entitled to bring a proportional increase of representation to the state in which they abode. For this purpose of representation the slaves were by a compromise allowed to be counted, but only as three out of five; should the master see fit to liberate the slave, he became at once a free inhabitant and a citizen with the right of intercitizenship, and of being counted equally in the representative population.

Intercitizenship was the life-blood of the union. The report of the committee of detail, changing only the words "free inhabitants" for "citizens," followed the articles of confederation in declaring that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." * The slave remained a slave, but only in states whose local laws permitted it.

After three weeks' reflection, Cotesworth Pinckney, on the twenty-eighth of August, avowed himself not satisfied with the article; he wished that "some provision should be included in favor of property in slaves." The article was nevertheless adopted, but not unanimously; South Carolina voted against it, and Georgia was divided, showing that discontent with the want of the protection to slavery was seated in their breasts, even so far as to impugn the great principle which was a necessary condition of union.+

The convention proceeded with its work, and proposed that any person who should flee from justice should be delivered. up on the demand of the executive of the state from which he fled. Butler and Charles Pinckney moved, as an amendment, to require fugitive slaves to be delivered up like criminals. "This," answered Wilson, "would oblige the executive of the state to do it at the public expense." "The public," said Sherman, “can with no more propriety seize and surrender a slave or servant than a horse." Butler withdrew his motion and the article as proposed was unanimously adopted.

* Gilpin, 1240; Elliot, 381.

Gilpin, 1447; Elliot, 487. Gilpin, 1447, 1448; Elliot, 487.

The convention was not unprepared to adopt a fugitive slave law, for such a clause formed a part of the ordinance of 1787, adopted in the preceding July for the government of the north-western territory. On the twenty-ninth, Butler, after the opportunity of reflection and consultation, offered a proposal: "That the fugitive slaves escaping into another state shall be delivered up to the person justly claiming their service or labor." This for the moment was agreed to without dissent.* The trouble and expense of making the claim fell on the slave-holder; the language of the article did not clearly point out by whom the runaway slave was to be delivered up. * Gilpin, 1456; Elliot, 492. Compare Gilpin, 1558; Elliot, 564.

CHAPTER VIII.

THE CONSTITUTION IN DETAIL. THE POWERS OF CONGRESS,

CONTINUED.

FROM THE MIDDLE TO THE END OF AUGust 1787.

On the eighteenth of August, Rutledge insisted that it was necessary and expedient for the United States to assume "all the state debts." A committee of eleven, to whom the subject was referred, on the twenty-first reported a grant of power to the United States to assume "the debts of the several states incurred during the late war for the common defence and general welfare." But the states which had done the most toward discharging their obligations were unwilling to share equally the burdens of those which had done the least; and the convention, adopting on the twenty-fifth the language of Randolph, affirmed no more than that the engagements of the confederation should be equally valid against the United States under this constitution.*

The convention, on the seventeenth, agreed with its committee in giving jurisdiction to the United States over the crime of counterfeiting their coins and over crimes committed on the high seas, or against the law of nations.†

The report of the committee of detail gave power to congress "to subdue a rebellion in any state on the application of its legislature." Martin, on the seventeenth, approved the limitation to which Charles Pinckney, Gouverneur Morris, and Langdon objected. Ellsworth moved to dispense with the application of the legislature of the rebellious state when that body could not meet. "Gerry was against letting loose the * Gilpin, 1426; Elliot, 476. Gilpin, 1349; Elliot, 437.

myrmidons of the United States on a state without its own consent. The states will be the best judges in such cases. More blood would have been spilt in Massachusetts in the late insurrection if the general authority had intermeddled." The motion of Ellsworth was adopted; but it weighed down the measure itself, which obtained only four votes against four.*

We come to a regulation where the spirit of republicanism exercised its humanest influence. The world had been retarded in civilization, impoverished and laid waste by wars of the personal ambition of its kings. The committee of detail and the convention, in the interest of peace, intrusted the power to declare war, not to the executive, but to the deliberate decision of the two branches of the legislature,† each of them having a negative on the other; and the executive retaining his negative on them both.

On the eighteenth Madison offered a series of propositions, granting powers to dispose of the lands of the United States; to institute temporary governments for new states; to regulate affairs with the Indians; to exercise exclusively legislative authority at the seat of general government; to grant charters of incorporation where the public good might require them and the authority of a single state might be incompetent; to secure to authors their copyrights for a limited time; to establish a university; to encourage discoveries and the advancement of useful knowledge. In that and the next sitting Charles Pinckney proposed, among other cessions, to grant immunities for the promotion of agriculture, commerce, trades, and manufactures. They were all unanimously referred to the committee of detail.

Gerry would have an army of two or three thousand # at the most; a number in proportion to population greater than the present army of the United States. The power to raise and support armies was, however, accepted unanimously, with no "fetter on" it, except the suggestion then made by Mason and soon formally adopted, that "no appropriation for that use should be for a longer term than two years."

*Gilpin, 1350, 1351; Elliot, 437, 438. Gilpin, 1351; Elliot, 438. Elliot, i., 247. Gilpin, 1353, 1354, 1355; Elliot, 439, 440.

#Gilpin, 1860; Elliot, 443

The idea of a navy was welcome to the country. Jefferson thought a small one a necessity.* The convention accepted unanimously the clause giving power "to build and equip fleets;" or, as the power was more fitly defined, "to provide and maintain a navy." +

The report gave to the general government only power to call forth the aid of the militia. + Mason moved to grant the further power of its regulation and discipline, for "thirteen states would never concur in any one system"; # but he reserved "to the states the appointment of the officers." In the opinion of Ellsworth, the motion went too far. "The militia should be under rules established by the general government when in actual service of the United States. The whole authority over it ought by no means to be taken from the states. Their consequence would pine away to nothing after such a sacrifice of power. The general authority could not sufficiently pervade the union for the purpose, nor accommodate itself to the local genius of the people." Sherman supported him. "My opinion is," said Dickinson, "that the states never ought to give up all authority over the militia, and never will." I

Swayed by Dickinson, Mason modified his original motion, which Cotesworth Pinckney instantly renewed. A grand committee of eleven, to which this among other subjects was referred, on the twenty-first reported that the legislature should have power "to make laws for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States." Ellsworth and Sherman, on the twenty-third, accepted the lat ter part of the clause, but resisted the former. "The discipline of the militia," answered Madison, "is evidently a national concern, and ought to be provided for in the national constitution." And the clause was adopted by nine states against Connecticut and Maryland. ◊

*Notes on Virginia, end of the answer to query 22; Jefferson, i., 592, 606; ii., 211, 218; Madison, i., 196. #Gilpin, 1355; Elliot, 440.

Gilpin, 1360; Elliot, 443.

Gilpin, 1233; Elliot, 379.

| Gilpin, 1361, 1362; Elliot, 443, 444.

A Gilpin, 1378; Elliot, 451.

◊ Gilpin, 1406, 1407; Elliot, 466.