After a very considerable discussion, in which this section of the Constitution was referred to by various members, and the constitutionality of Mr. Parker's motion admitted, with the advice of Mr. Madison his colleague, Mr. Parker consented to withdraw his motion.
In 1794, "An Act to prohibit the carrying on the slave-trade from the United States to any foreign place or country" was passed (Stat. 1794, c. 11). In 1800, an Act in addition to the last was passed (Stat. 1800, c. 51). That both these laws were framed with reference to this section of the Constitution is apparent, because the latter Act expressly refers to it. Sec. 6 reads thus, "That nothing in this Act contained shall be construed to authorize the bringing into either of the United States any person or persons, the importation of whom is, by the existing laws of such State, prohibited." In 1803 (Stat. 1803, c. 63) was passed "An Act to prevent the importation of certain persons into certain States, where, by the laws thereof, their admission is prohibited."
Sec. 1: "Be it enacted, &c. That, from and after the first day of April next, no master or captain of any ship or vessel, or any other person, shall import or bring, or cause to be imported or brought, any negro, mulatto, or other person of color, not being a native, a citizen, or registered seaman of the United States, or seamen, natives of countries beyond the Cape of Good Hope, into any port or place of the United States, which port or place shall be situated in any State which by law has prohibited, or shall prohibit, the admission or importation of such negro, mulatto, or other person of color," &c. &c.
This Act also is most manifestly framed upon this section of the Constitution. It renders illegal the importation of any negro, mulatto, or person of color, into States prohibiting such importation, unless such negro, &c. is a native, citizen, or registered seaman of the United States, or native of countries beyond the Cape of Good Hope; that is, it renders illegal the importation of African negroes into any State whose laws prohibit such importation. And, as no African negro has yet been imported as a free laborer, this Act was directed against the African slave-trade.
And, not to multiply proof, the importation of persons is not to be prohibited by Congress prior to 1808. On the 2d day of March, 1807, President Jefferson approved (Stat. 1807, c. 77) "An Act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight." That is, at the very earliest day allowed by Const. Art. 1, sec. 9, for the passage by Congress of an Act prohibiting the importation of persons, a law is passed totally prohibiting the importation of slaves.
Restoration of Fugitive Slaves. (Const. Art. 4, sec. 2.)
On the 12th day of February, 1793 (Stat. 1793, chap. 7), there was approved "An Act respecting fugitives from justice, and persons escaping from the service of their masters." This is the law which, for over half a century, has prescribed the modes in which a runaway slave may be retaken. It is what is now called "the infamous law of '93." Thousands of runaway slaves have owed their return to their happy condition to the beneficent operation of this law, obviously framed, as it is, with an eye to this constitutional provision.
Sec. 3 provides that,—
"When a person held to labor in any of the United States, or in either of the territories on the north-west or south of the river Ohio, under the laws thereof, shall escape into any other of the said States or territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the State, or before any magistrate of a county, city, or town corporate, wherein such seizure or arrest shall be made; and, upon proof to the satisfaction of such judge or magistrate, either by oral testimony or affidavit, taken before and certified by a magistrate of any such State or territory, that the person so seized or arrested doth, under the laws of the State or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the State or territory from which he or she fled."