The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-05-17

on the parties TO the federal comnact.
That compact originated in the interest and was
intended for the mutual security of all its men,
bers. 1t was adopted by wise and practical States
men in a mutual spirit of concession. of compro-
mise, and Of justice; and the abiding guarantee
for its harmony and preservation, zand perpetuity
| must be GOOD FAITH. When that ceases to one
| rate on the confederate States, these guarantees
will lose the sustaining breath of their life They
will be appealed to in vain, when there is reluc-
lance aversion Ito observe and enforce them.
| There were some elements of discord arising from
dissimilarity of sectional feeling, more than sec
tional interest," to be adjusted by those who framed
the federal compact But the great and wise men up
onwhom the task devolved did not look upon these
elements as theoretical philosophers speculative
Legislators Nor did they suffer sectional prejudice
much less sectional bigotry to control their coun-
sells. All the different parties had their peculiar
rights, and it the object of all to respect and
secure them in subservience to the common desire
| mutual security-as one people, involved in a
| common destiny.
The saveholding States, at the time, the strong
est portion, but from obvious causes, likely to have
| a peculiar position. would not have entered into
the confederacy without express recognition of their
| Institutions, and without, what they supposed.
some practical guaranty of their rghts-to use and
enjoy them, capable of enforcement. Whilst they
| reserved to themselves the right Of determining
their own policy in reference to slavery, they claim
ed the right in the constitution of prohibiting Con-
l gress from interfering with them. Nay more that
| Congress should protect them against the interfer
ence of others, both against foreign powers and
| against the legislation of their confederate MEM
bers The latter entered into constitutional
pledge to give to the slaveholdng States the full
dominion and control over their slaves escaping
into their territory, with express stpulations to de-
tuer upto their masters or owners, such fugitives
as mighfeffect their escape into a free territory
The clause of the Constitution more Immediate
ly involved IN the subject matter of this report is
| as follows: See 4th article of the Constitution
| section I.
person charged in any State with treason, felony
or other crime Tho shall flee from uftice and be found in
OF the State tom which he fled be deeered np to be re-
81 clause No person Field service labor one State
under the laws thereof escaping into another, SHALL
sGe ol ans labor % But g. &
of the party to whom such service or labor may be due
The latter clause becomes especially important
in Reconsideration q this subject; whilst the first
! will shew in what point of view, the States from
which fugitiyes may have gone, had right to re-
| gard them. In both, the character of the person
| fleeing must be referred to the understanding and
laws of the State having the original right and u
| rsdiction over him.
For many years, the clause Immediately under
consideration had selfsuthcing efficacy having
all the incidents and advantages conceded TO it of
an extradition treaty The common practice of the
times was, an honest and imposing commentary on
the intention and object of the provision. A slave
| eSGdpIflg t1t0 IL HOll-SldtclUlulIS cOuu NC
pursued, and in general, could be easily appre
| hended there as in the State from which he had
| made his escape. It was not uncommon, your
committee have been informed, for judges to re-
mand to slave State to be tried person of color,
an issue involving his freedom; and State courts,
and judicial and ministerial officers of non-save-
holding States, were in the constant habit of using,
as a matter of recognized obligation. their power
and agency in bringing about the delivery of flu
| gltIve slave to his pursuing master. The right OF
| the owner to apprehend, where the slave could be
| identified fugitive, was not disputed, much
| less impeded by State laws or the violence OF If
responsible mobs The paramount authority of
the constitution, and its active energy, were ac-
| knowledged by common consent.
Ii executed its provisions by the active cO6pera-
ton of State authority, in the fulflment of what
| they then recognized asa constitutional duty The
duty to " GeiUer APP seemed to be regarded as equal
to the right of the owner to demand his escaping
servant. The term dettuer up" had a meaning
so pregnant and obvious that it carried with it all
the obligations; by common consent growing out OF
| its use it impaired conceded right, so it was
| regarded as containing perfect obligation The
dictate of good faith found in the non-saveholding
States disposition to evade or deny Its obligations.
The trainers of the constitution We're then the liv
ing and honest expounders of its meaning and active
| operation The jealousy of political interest was
then not strong enough for hostile and unconstitu
tiona legislation. Your committee are not inform
ed that there was, the early days of this govern
melI any real OcCdSlOil TtfleuIdl
ton the part Of Congress, for the purpose of
forcing the provisions Of the clause of the constitu
ton last referred TO- How long it would have con-
tinued to execute itself, must now be a matter of
conjecture; and in the end it may be regarded as
| unfortunate that Congress ever undertook to as
| sumo any legislation on the subject, as there are
many reasons 10 suppose that the States might have
gone on in the spirit of concurrent duties, to dis
charge their obligations under the constitution
Until 1893, and for many years afterwards, such
| had been the tendency of events. The clause OF
the constitution relative TO persons escaping from
| service had never been brought TO actual test
| for It's enforcement
| 1t appears from statements now before the COM
| mtee. that, in the year 1871, the Governor of
Pennsylvania, under the provision of the constitu-
| ton relative to fugtves from justice, made de-
mand on the Governor of Virginia for the surrender
and delivery of-three persons who had been indict
| ed in Pennsylvania for kidnapping negro, and
carrying him into Virginia. The Governor of Vir-
gnia hesitated to the course to be pursued and
referred the matter TO the Attorney General of the
State, who advised, that the demand ought not to
be complied with. Upon this refusal, the Governor
| of PENNSYLVANIA addressed communication to
Congress through the President. The Presidential
cordingly laid the proceedings before Congress, and
their deliberations finally resulted in the act of 1893
which was passed without opposition, and is as
follows:
An Act respecting ugves from Justice and pesons esca
ping trcm the service of their massers.
81 BE enacted &c, That whenever the executive au
ory of any State in the Union Of either Of the Terri
tories northwest or south OF the river Ohio shall demand any
of any such State Territory to which such person shall
have fled; and shall, produce the OF an IN
dicment found affidavit made before magistrate OF
State or Territory as aforesaid charging the person SO
crime certified authentic by the governor or CHIEF mag
rate of the State Territory from whence the person SO
charged fled shall be the duty of the executive authority
the State or Territory which such shall have fled
TO cau him or her to and secured and notice of
the arrest q be given the executive authority making such
demand or to the agent of such authority appointed to
ceiye fugitive and the fugitive to be delivered t1
snch agent when he shall appear But no such agent shall
appear within six months from the time of the arrest the
may be discharged And ali costs or expenses incur
red the apprehendng securing and transmitting s9ch iu
gitive to the State Territory making such demand, shall
| be paid by such State or Territory. -,
81 That any agent appointed aforesaid who shall
the fugitive into his custody shall DC sGin ID TO
she has fled And if person or persons snail D loTce
SET AT liberty or the fugitive from such agent while
snsnoring as aforesaid the person persons offending
shall on CONVICTION be fined not exceeding ve hundred dol
lars and be Imprisoned exceeding one year.
That when held to labor IN any OF the ned
States or in either of the Territories northwest or south OF the
thereof, shall other