Cheraw gazette. [volume] (Cheraw, S.C.) 1835-1838, 1836-02-02


powers. l certainly do not wish to restrict
the range of this power. Limited os con.
ceiveit to be, it is in my judgment very sal.
utary in its operation, and shall very readily
give my aid in carrying it to its full extent:
but no consideration can induce me to push
it beyond what ! deem its constitutional
boundary. l am therefore compelled BY my
sense of duty to apply td this clause Of the
Constitution, the ordinary and generally up.
proved fule Of constituting that instrument
the rule which gives to the language used
therein its ordinary import.
perceive You are aware of the Difficult.
ties which would result from the exercise Of
this power, if carried by construction to the
extent you propose to give it. You have
fairly stated the cmbarrassments under which
the prosecutive power would labor in its
proceedings against persons brought from
other and distant States within its proper
jurisdiction, and there tried for acts done in
those States. There are other difficulties
and dangers incident to the exercise Of this
power, not brought into view by YOU, which
deserves serious consideration. What oc.
ours daily IN the ordinary course Of criminal
proceedings, may take place in regard to
PERSONS transported to d distant jurisdiction
for trial. 1t may happen that an innocent
man will be accused, and if demanded he
must be delivered up, should your exposition
Of the Constitution be sanctioned. Under
these circumstances, his condition would be
pcrilous indeed. Dragged from his home;
far.removcd from friends; borne down by
the weight of imputed guilt; and unable
probably to obtain the evidence by which he
might vindicate his innocence; if appear
ances were against him, he could scarcely
hope TO escape condcmnation.'
The assumption of similar power; and
the application of it to the American colo.
nists by their acknowledged sovereign. to
whom they owed full and perfect allegiance,
was regarded by them as an act of revolt
ing tyranny, and assigned in the Declara.
ton Of independence as one Of the promi-
ncnt causes that had dissolved the bands by
which they were united to the British King
and nation. This consideration renders it
to my mind, very improbable that the fra.
mcrs of the Constitution (almost oil of
whom were revolutionary patriots) intend
cd to confer on each state the right to cause
the citizens of all others to be transported
out of their own State to be tried for acts
done at home and | cannot resort to loose
construction for the purpose of extracting
such power from the sacred instrument
which emanated from their wisdom and cx.
pclicnce.
Itis q subject of serious regret to me
thai am obliged to differ from your excel
lency as to the rule of construction but, If
it were otherwise, | think the result of the
application you have made to me would be
the same. am apprehensive, and | say it
with all due respect, that any reasonable
rule of Liberal Construction would not ex-
tend this provision relative to fugitives so as
| to bring the case Of Williams within its ope.
ration. If We could, by the force of liber-
al construction, and without unwarranted Ii.
cense, give to the word aee," in this cause,
| the same meaning as the ordinary i'm
port Of the word etade," as you proPose,
it would not in my opinion, remove the
difficulty that attends the present applica.
ton. The meaning of the word "cvadc," :"
as its etymology indicates, is togo from, and
if it be assumed that "fee" is of cquiva.
lent import to the word "erade, and this
word, ,or some of the expressions common.
ly used III defining it, should be substituted
for terms, " flee and "llcd' in this clause
of the Constitution, such an alteration Of its
language would not so far extend its opera
ton as to impose on the Executive Of any
State the obligation to deliver UP ei offend.
er in case similar to the one you have pre-
sented to me, To satisfy the word /" erade'
if it were substituted for "fee," the offend.
er must have done some act with aview to
elude or escape from justice, and must have
gone from the offended State, before he
could be brought within the operation ofthe
clause in question. 1t does not appear in
this case that Williams has (and therefore
Fttn legal presumption is that he has not)
done any act whatever to evadc or in man.
ner to escape justice, and it is conceded that
he has not escaped or gone from the State
of Alabama. The substitution of" cvadc"
for "Ace," by rule ofliboral construction,
does nothing to advance the purposes of
this application, unless rule of still more
liberal construction is applied to the substi-
tuted word " erade," which would give it an
import equivalent to- the phrase neglect or
rcfusc to ru7ender toluntariy; and that
part of the clause which speaks of the
Estate from which he flcd," is regarded as
entirely nugatory in this case. Such q Ii.
ccnsc m construihg the Constitution would
efectually destroy all the restraints and il.
imitation it imposes, and make it the source
Of aEpowcr that might be desired to evade