The southern press., 1851-11-01
p.a,a n. Dalla, f.ala.l ds.tli..


Prom Ls Dallas (.4Ia.) dsstiis.
| CoEsrIFuTI0sAL OlLIG1TiaN FULFILLED ~
! PRopnRFIoK TO INTEREST 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
be discharged from such service or labor; but
shall be dtIuered up on claim IF The party 10 aosom
I such service or labor may De DUE.
| The foregoing is part of section I'd, article
4th, of the Constitution, and follows, in i'm
mediate connection, the clause relating to the
rendition of tugitives from justice, and which
reads thus:
"a person charged in any State with treason,
felony, or other crime, who shall flee from JUS
tice, and be found in another State, shall, ON de.
mand of ihe erecutiue authority Of The Sta'e
from Uh,ch he fed, be delivered up, 10 be REMOVED
10 The STATE haOiag Jurisdiction Of me crime"
The clause in relation to fugitiyes 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 INessrS. Pickney
and Butler, of South Carolina. Mr.. Wilson,
of Pennsylvania, opposed the motion and urged,
as the most prominent objection to il, that II
placed fugitres from service upon the same
footing with criminals, and would oblige 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 consequence Of the opposition, il was, for
the time, withdrawn. On the next day, how
ever, after 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 it to pass without objection.
This clause thus became part and parcel OF
the compaet-one of the conditions OF the con.
| federacy-with the assent of the North, and
agreeably to Northern construction at the time
Of its adoption, binding in the same manner, and
to the same extent, and liable to the same exc
cution, as the clause in relation to fugitives from
justice.
The most careless reader cannot but 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 delipered up on
demand of the executive authority Of the STATE from
,ohich he fed if fugitive from service or labor,
| nc SHul We utHDcfcu up on CWtWt " TIC P"tg ~
ehom such service or labor may be due and the
\ duty of delivery, ia the one as much rs IN the
other case, deVolyng upon the State into which
the fugitive shall escape, points out the execu-
tive of such State the party liable to the per-
Torrance of the duty, and the proper person to
be punished for its nonperformance.
With respect TO tbs rendition OF fugitiyes
from Justice no one has ever doubted the llabili-
| ty of the executive Of State, under the Consti-
tuition. for the return of such fugitives upon the
proper demand being made; and in few, If any
instances, except in cases of slape-stedLers have
our Northern executives refused to deliver up
such fugtives 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 It been with respect to the re-
| turn Of flgilives from serv ce? The govern
ment had been In operation but about five years,
before it became necessary TO pass penal law
upon the subject, in order to awahen the North
ern members of the confederacy 10 a sense of
their plain constitutional obligation, which re-
quired them to deliver up such fugitves on
! 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 aIler the passage OF tne law, sne continued
TO slumber, and left her Southern brethren To
recover their property-(tne property she had
obligated herself, for the sake of this glorious
Union, to deliver pp) in the best way they could.
Bot not content with negligence, by Offering to
such fugitives the protection Ut 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 md impotent rs the first
/" But och mankind weak,
An little TO be trusted
II SELF the wavcring balance shake,
It's rarely right adjusted"
But this is but n small matter, and should be
endured for the sake Of preserving this gloriuos
Union with fiithless robbersl
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