The southern press., 1851-11-01
F.o,n 49, palla, l.ala y Gaz.tl


From the Dallas (.4la.) Gasstts-
CONSTITUTIONAL OBLIGATION FULFILLED IN
PRoPoRrIos TO lsIERssT OF PARTIES" No
person held TO service or labor in one State un.
der the laws thereof, escaping into another shall,
in consequence of any law or regulation therein,
BIZ discharged from such service or labor but
shall be delrersd up on claim oj the party % ioicm
such service or Lqbor may be due"
The foregoing is part of section I'd, article
4th, of the Constitution, and follows, IN im-
mediate connection, the clause relating to the
rendition of iugitiyes from justice, and which
reads thus
"A person charged in any State with treason,
felony, or other crime, who shall flee from JUS
tce, and be found in another State, shall, on de-
mand of The erecuipe authority 9 me Sfdfe
from 0hich he Red, be deiiOered up, 10 be removed
to The STATE haUing Jurisdiction Of the crime
The clause in relation TO fugitives from justice
was adopted by the convention August 26th,
1887; and, Immediately upon its passage, like
provision, in relation to the rendition of fugtives
from service, was offered by Nessrs. Pickney
and Butler, of South Carolina. Mr.. WILSON,
of Pennsyl lvania, opposed the motion and urged
as the most prominent objection to 1t, that II
placed fngitiyes from service upon the same
footing with criminals, and would obge the
executive of the State to do it return such fu-
gitivesl at the public expense" Mr.. Sherman,
Of Connecticut, and Others, also opposed IT, and
in consequences of the opposition, 1t was, Tor
the time, withdrawn. On the next day, how
ever, afier warm discussion respecting the regu-
lation of commerce among the States, and in
which much sectional feeling was displayed be-
tween the Northern and Southern members,
Mr. Butler again renewed his proposition, and
ultimately succeed in carrying 1.-THE Northern
members permitting 1t to pass without objection
This clause thus became part and parcel OF
| the coInpact--one of the conditions OF the con-
federacy-with the assent of the North, and
agreeaby to Northern construction at the time
OF ts adoption, binding in the same manner and
to the same extent, and liable to the same exc
cuton, as the clause in relation to fggitiyes from
Justice.
The most careless reader cannotbut be struck
with the similarity of the two clauses the only
difference observable in their ST ucture and phra-
seology originating from difference in the ma
ture of the subject matter. The obligation i'm
posed by each is the same, and in each case is
made to rest upon the State within whose Dor
ders the fugitive shall take refuge. II he be a
fugitive from justice, he shall be deliUered up on
demandof the ercutiUe authority Of the STATE from
,ohich he fedj If fugitive from service or labor
he shall be delivered up ON claim Of the party "a
,ohom such serpice or labor may be duel and the
duty of delivery, in the one as much az IN tht
other case, devolving upon the State into which
the fugitive shall escape, points ont the execu
tive of such State as the party liable to the per
formance of the duty, and the proper person te
be punished for its non-performance.
With respect TO the rendition Of fugitve'
from justice, no one has ever doubted the abi
ty ofthe executive of a State, under the Consti
tution for the return of such fugitives upon tho
proper demand being made and in few, If any
instances, except in cases of sape-stedlers, have
our Northern executives refused to deliver VI
such tugitives upon demand. In the execution
Of this clause of The Constitution, the North has
an equal interest with the South, and reciprocity
of interest prompts the performance of duty.
But how has 1t been with respect to the re
turn of flgitives from sery ce! The govern
ment had been In operation but about five years
before it became necessary to pasa o penal law
upon The subject, in order TO awaken the North
ern members Of the confederacy to sense o
their plain constitutional obligation, which re-
j qured them to deliver up such fugitiVes or
claim of the party to whom their services were
due. But the North had no interest in the re
turn of these-the reciprocity was wanting
which existed in the other case, and, therefore
even after the passage of the law, she continued
to slumber, and left her Southern brethren tc
recover their property-0ne property she hac
obligated herself, for the sake of this glorious
Union, to deliver up) In the best way they could
But not content with negligence, by offering to
such fugitives the protection of her laws, she
next began to encourage them to run away
and when thousands upon thousands had taken
shelter under her wing and the South began 10
complain of her want of faith, she redeemed
her pledge, how! BY robbing the South of all
interest in the common territory of the States
and then permitted her to pass another fugitive
] law as lame and impotent as the first!
| g But och mankind are unqo weak,
! An little TO be trusted
\ II SELF the wagering balance shake,
It's rarely night adjusted"
But this is but small matter and should be
endured for the sake Of preserving this gloriuo'
Union with faithless robbersl