The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-29

previous warrant Of law the act Of the State making such
tzkns % ofisDee was Unconstitutional and void. think
that en- be icand % be really the point jacialy decided
Ihass said. however, Mr. President. thar according
% ny interpretation Of this law OF the cons ution. II i'm
and sansadsr 81 iusiiivss from labor :, we'll as Of iu.
gstves from Justice SIR, the law ut 1903, the only law
ssssd BY Congsss upon that subject. was passed. a.
he Commonwealth q Pssns,ly wanna upon the State Of
Virginia think IN The year i7s2. for the surrender Of
fugitive Iron justice. The governor q Virginia replied
GINA o. BY he Congress Of the United States, he had
power 70 order the arrest Of any free person within the
Stale Of Virginia General Washington, to whom the
governor OF Psnnsyvana communicated the reply Of the
governor Of Virginia. Submitted i to the Congress- Of the
rnsd States. and the opinion Of Edmund Randolph, then
Attorney General, was taken upon It, That Attorney
been member Of the convention which formed The con-
stituon; and the following extract from his opinion will
show that he understood the constitution, as applied to
tpgyes from Justice. devoyed this duty Of delivery upon
81 differ ir,her In not discovering the disability Of vr
GINA deliver np the offenders IL has been sometimes
o@ which II. 1a s
baton that they mny te appehended within iis ,erori.s
actveand might disturb the tranquility Of one State m
the officers Of another liberty 10 seize criminal
that the delivery must come from Virginia"
Extract from hs opinion Of edmund Ra1dolph.
Now. sir. the delivery must be made BY Virginia as
State exercising control the subject to be deliver
ed, and having poweeto effect it, The language is "he
delivery must come from Virginia., clearly indicating. as
he read the constitution that Virginia owed this duty
and was bound under the terms Of the constitution, to
sir. will submit il to any lawyer or statesman to ex.
anime these two clauses OF the consttuon-one Iequr
ing that ugitivcs from justice should be delivered up,
and the other requiring that fugyes from labor should
be delivered up"and TO point to any distinction what
ever between them that would deyoys the day o. as
the State from the duty Of delivery IN the other The
language in both 10 the DAME; and this government has
Just q much rgh, e require e. The executive .s o. the
to require Of the executive that they shall deliver up fu-
gitves from jusce-just as much.
me s
State governments as such and to this extent the law OF
1898 was badly devised. But il s worthy Of remark,
law have confined their prohibition altogether to SO
much Of the law relates to fugitive slaves, leaving
unaffected SO much Of i as relates to fugyes from "a
bora most selfish Distinction indeed, which will allow
the execution of much Of law benefits themselves,
and orbids the execution OF 80 much OF the same law
as will benefit others
say them sir that the true intent of the constitution
was to devolye ii upon the States federal duty to
enforce by their laws within their respective limits
both these clauses OF extradion and that they are Just
delinquent to honor and faith in their refusal to
enforce the one, they would be ia refusal to enforce
Now. Mr. President, wha. is the actual condition Of
this subject in the non slaveholdng Staes' have en-
deavored as far as am competent to do So show what
duties the constitution devoves upon them: But, sir,
do not mean to arragn these States; have no
bound to point to their Legislation and to show the exist
ing state Of this Question will take the State OF Penn
sylvana, not from any feeling Of hostility towards her
50 M as ns
is the great offender have shown what was the spirit
OF the people Of Pennsylvania before the constitution was
Termed have to show what il is now, under that con-
stuton In 1896 law was passed asI have said. fur
nishng authority to the officers OF the State OF Pennsy
vana for the capture and surrender Of fugitive slaves In
any aid was given to the claimant in the reclamation Of
his property; and not repealed only but was made
felonons offence in any officer Of the State 10
subiect-lhe provisions Of the law OF l793-nnder the
penalty of fine and imprisonment At serve labor Sir
the State went further II made an offence punishable
permit fugitive from labor arrested the State Of Penn
sylyania, to be confncd in the Jail.
Now, Mr. President, what are the rights secured by
his service into another Slater Desiring, SIR. to be
very accurate upon this subject, have written down
what understand to be the right OF the in the
capture OF fugitive slave within the limits OF any and
every State of the Union
Mr.. M. here read from paper as follows;
The constitution of tho United state, to the
enjoy and exercised 70 The same exlon, ana Win tho
incidents, when the slave ccspes 20 ruoer State
which he held in the State from which he Nd 20 tar
He may Jake him wherever he is found by virtue Of
ownership, and without any warrant or other process In
None has right in,erpose between the caiman, and
the fugitive or TO inquire whether the slave be his or
whether he {, slave al all, far less modest hinder him
In the capture.
where such slave may be found Tor the purpose of taking
him, and this without committing n uespass.
the capture. without committing thereby breach OF the
peace and IL foce be offered by the slave Others, he
may resist 4 10 any extent that may be necessary to secure
These rights and TIL. authority incident the rights