Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1848-05-24
Esee 4,hsarticIo of the constitution

s. Z. "A person charged in any Sta,
! with lreason, felony, or other crime
who shall naef from Justice and be foun
in another State, shall, on demand I
the rx cufire authority Of the State lror
5 Which he had, be delivered up, to b
removed to dhe,Sla.e having jurisdic
ton Of the cfime.''
81 clause. "No person held TO ;ser
vice or labotain one State, underj th'
laws thereof, escaping into another
shall in consequence of any law or reg
ulalion therein, be discharged from sucI
service or labor, but shall be delivered
up on claim oflte party TO whom sucl
service or labor may be due"
The latterclausa becomes especially
important lin the consideration of ,hi:
subject; whilst the first will shcw in
what point of,yiew the States from which
fugitives mayhave gone, had right 10
regard them. In both, The character OF
the person fleeing must be referred 10
the understanding and laws of the State
having the original right and jurisdiction
over him.
For many years, ihe clause immedi.
alely under consideration bad self-suf-
cling efficacy; having all the incidents
and advantages conceded to il of an ex-
trajudicial treaty. The commoh. .prac>
lice of the timeswas an honest and i'm
posing commentary on the intention and
object oftlle provision. A slave cscap,
ing into non slaveholding State could
be pursued. and, in general, could be
as easily apprehended there as in the
State from which heSEad made his es-
cape. twas not un:ommon, as your
committee. haysbeen informed, for juG-
ges to remand l69a slave State to be
tried, aperson;sl color, issue iiIvoly-:
ing his freedom nd State courts, and
judicial and dsn,tlis.e .eriai officers Of non, non
slavehoIding s AlesS ere in llle con:
s:aht hab ef,.ssDg as maj Ter res
cognized aobIig: in II over and
agency IN bliss about the delivery of
Tine right @;1:5 go owner 70 appTehend,T I
where the Slave could be identified as
fugitive, was nj disputed, much less
iMpeded by Stae laws or The violence |
Of irresponsible taobs: The paramount,
authority of lhqconslitution, and IFS nc.
tive energy, Eerc acknowledged by
common conseI 1t executed lis pro,
visions by the Pctive cooperation OF
State authority in the fulfIment of
what they lleniecogniscd as cons,i-
turional duty. The duty to "deiiccr
up' seemed to be regarded as equal to
the right OF the Owners to demand hi,
escaping scrva The term "dcl;yer
up," had a mining so pregnant and
obvious, that annot with all the oh.
legations, by canon consent. growing
out ofits use; all impaired conceded
right, so it was sgarded as containing
perfect oblig;on. The dictate Of
good faith foun in the non sIavehold- {:
ing STATES no &osiinn to cvade or de. +
ny its obigalis. The trainers of The +
constitution Ne then the living and v
honest "xpoufrs of its meaning and t.
active operatt The jealousy Of po. b
lltical intcrc$ $Tas then not strong o. II
noueh for hdc and Unconstitutional a
legislation. hr committee are n3t in "
formed that Ec was, in the early days - -
Of this govehcnt, any occasion for RI
calling for fa,ivc legislation OH the 6,
part of Co1s, for the purpose of o
enforcing tlfnvisionS of the clause of sc
the conslllut last referred to. How CT
long it wou'avr continued to execute
itself, must " be a matter of conJcc-
tnre; and le end, it mny be regard "
cd aS hnloi ale that Congress ever ni
undertook Ssume anc Legislation on in
the subject there are many .easnn< Il.
to suppose the States might have ST
gone on in irit Of concurrent duties, fl
TO disclargsil obligations under the III
conssilu,ionJntiI 1893, and for many Il.
years afterVS, such had been the ten. s
dcucy of rT. The clause of the ri
cons'iIu1ioralivc TO persons escaping fl1
from SERVED never been brought TO &C
an actual TOR its enforcement. "
1t appeHnm statements now be- cr
fore the c(ilt"r, "IIlat in TIE year 1t
1871, the 'ernor Of Pennsylvania, NJ
under the lision Of the constitution OF
relative 10 tive TO "lugitiv"s from &C
| justice" MA demand on the Govern 81;
OF Of Virgior lie surrender and de- lit
livery of,lpelsons who had been in Of
dicted in nsyIvania for kidnapping la
a negro arrrying him into Virginia. o,
The Cow of Virginia l~siIa,rd as cI
to the couo be pursued, and ceier> y
red the mi 10 The Attorney General M
Of the Stat ho advised that The de- VI
mand oug to lie complied with.- V;
Upon lhis'al tho Governor orPcnn II
, syIvania assed communication TO 70
Congress ugh The President. The in
, President ird;ngIy laid the drocecd, pl
:,rc h,cornr,o,c ,,J ,l. 4 Ia ~.