It was apparent during the early stages of the debates, that a constitution had to be made that would be acceptable to the Southern delegates.  A clause was inserted relieving the Southern States from duties on exports, and upon the importation of slaves; and that no navigation act should be passed except by a two-thirds vote.  By denying Congress the authority of giving preference to American over foreign shipping, it was designed to secure cheap transportation for Southern exports; but, as the shipping was largely owned in the Eastern States, their delegates were zealous in their efforts to prevent any restriction of the power of Congress to enact navigation laws.  It has been already shown that all the States, with the exception of North Carolina, South Carolina, and Georgia, had prohibited the importation of slaves.  The prohibition of duties on the importation of slaves was demanded by the delegates from South Carolina and Georgia.  They assured the Convention that without such a provision they could never give their assent to the constitution.  This declaration dragooned some Northern delegates into a support of the restriction, but provoked some very plain remarks concerning slavery.  Mr. Pinckney said, that, “If the Southern States were let alone, they would probably of themselves stop importations.  He would himself, as a citizen of South Carolina, vote for it.”

Mr. Sherman remarked that “the abolition of slavery seemed to be going on in the United States, and that the good sense of the several states would probably by degrees complete it;” and Mr. Ellsworth thought that “slavery, in time, will not be a speck in our country.”  Mr. Madison said “he thought it wrong to admit in the Constitution the idea of property in men.”

Slavery, notwithstanding the high-sounding words just quoted, was recognized in and by three separate clauses of the Constitution The word “slave” was excluded, but the language does not admit of any doubt.

“Art.  I. Sect. 2....  Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers; which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.[628] ...

“Art I. Sect. 9.  The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person....

“Art.  IV.  Sect. 2....  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,