The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-04


person held to service labor IN State. under the laws
hefso escaping into anoer. shah. ia consequence
law OF regulation thefen, be discharged fom such
or labor, but shall be asusrd W On ea,m Of i party 10
whom such service OF labor may be due"
Now these two clauses exactly similar in purport
excepting IN one particular In the one the fugitive
criminal Is TO be delivered up the demand OF the Execu
i've authority OF the State from which he has fled The
Other the fugitive slave be delivered up ON claim Of
s 9aty tSs 70 h belongs a neither clause i
authorities Yet is clear these clauses refer no
other authority for their enforcement because olhes
aS'nory spoken o II is an affair between two States
Tue fugitive Is to be delivered up To be delivered up
he must be sezed-be be the possession of those
who deliver him up No authority within State
seize CRIMINAL against the laws OF another State, but the
authority OF the State itself to which he has fed This is
the law OF nations, and acknowledged by the act Of 1893
with respect 70 fugitive criminals. but is denied with
authorities are 10 sszs and deliver ap .as us,iys cS .
nal but IN ths latter according to this act the State
asthorIties have nothing to do with the fugitive slave
In the former case the constitution is only a treaty
stipulation between sovereign States; in the latter
Y is matter OF congressional legislation although
Congress Is not referred to in either in the constu
tion ls there any ground for this difference of
construction Let us apply the acknowledge rules of
construction have aid do for ascertanng the mean
ing OF the constitution. il will not be claimed that Con-
gTess possesses the power 10 lessate the subject Of
fugitive slaves as necessary and proper carry out any
expressly granted power II is distinct substantive
matter itself and can contribute in way TO enforce any
other grant OF power The power, if It exists at a
must be by special grant laid down in the constitution
Now, sir, look at the clauses in The constitution have
quoted Is there one word IN either OF the two clauses
referring to fugitive criminals and fugitive slaves
ferring any power on Congress to egsae upon these
subjects No power Sha,eyer is given 10 Congress
Congress IS not even mentioned IN them. What is the
inevitable inference! Why, that Congress has such
power
This view Of the constitution is confirmed if we look
into the sections Immediately preceding and succeeding
slaves In both Of these sections Congress is given
power to act The first section provides " Full faith aud
credit shall be given in each State to the public acts,
Congress may by general laws prescribe the
which such acts records and proceedings shall be proved
and the effect thereof" And in the third section il is
provided that the Congress shall have power to dispose
Of and make all neediul rules and regulations respecting
the territory other property belonging TO the United
States" Here then, Is this remarkable state OF things
Three sections follow each other u the fourth article
OF the constitution The first and the third give Con
gress the power 10 egslate The second, lying between
them, gives Congress no power 10 iegSlaie. what
must be the inevitable inference Why, that il is the
plain meaning OF the constitution tina, Congress should
not have the power TO legsate with respect fugitive
criminals and fugitive slaves. To infer that such
power exists under such circumstances is not only TO
Claim power without special grant in the constitution,
but TO seize IT, although virtually negayed BY the special
grants.
And sir is not difficult to perceive why the conslitu
ton withheld all power from Congress legsate on the
subjects OF fugitive criminals and fugitive slaves and has
left this whole matter TO the States tor enforcement The
trainers OF the constitution knew very well that ii
very delicate matter for czens without Stale TO at
tempt to seize any persons within it, Shareholders knew
that there was but one way by which their fugitive
slaves could be edecuaIly recovered TO them, when
teGinx another Stale, and that State Tree State The
power the police the judiciary OF the States, must be
engaged The faith aud duty OF the States must be i'm
p,caed Every man in the Tree States must be bound
as party te The constitutional compact 10 deliver up to
him bis slave, on his eiam" This is the great
efficient remedy provided in The constitution for the re-
covery of fugitive slaves and the claim being made il
rested with the Slate the State authorities do
two things-dever up the slave or pay for him This
s the alternative we have presented TO Great Britain 10
the only two we have had with her. She thought
proper TO entice away great number OF slaves du
ring the continuance OF these and al their close
she delivered up paid for all the slaves she took from
carried away Our sisier States, when pledged by
the terms OF the constitution, would have been prepared
do less and the result would probably have been
laws would have been passed-termed very properly BY
the honorable senator from Alabama Sr. CLEMrNs) the
most efficient OF all fugitive slave lsws-prohb,tIng
groes, under any circumstances, from entering their
boundaries AT all evenis, we would long since have
known whether the free States would have fulfilled their
faith pledged to MS by the constitution. We would long
since have had peaceaby this guarantee OF the consu
iion or have dissolved our connexion with them.
As substitue-and an exclusive substiute-for this
peaceabe and more efficient redress under the constu
on. Congress has usurped the power OF egslang upon
this subject Ii has undertaken 10 thrust the powers OF
the general government into the matter and secure to us
our fugitive slaves The act Of 1893, OF which the late
act is an amendment keeps together as the constitution
keeps together the two subjects of fugitive criminals and
fagItiye slaves II undertakes 10 order the States what
bry shall do with respect TO the recovery OF fugitive
criminals and provides by its legislation for The
covery OF fugitive slaves See, sir, how commands the
governors OF States:
.'lt shall be tho duty Of the executive authority Of the
Stare Territory to which sach person q fugitive crni.
nab shall fed him her 20 be arrested and
ured and notice OF the be given the
an.hori'y making such demand the agent OF such
rity appointed receive tue fusive and D
agve be devered to such agent when he shalt ap-
pear
This is the mandate IL fugitive criminals. Con-
gress the mere gsave agent OF the States for certain
limited specified purposes without one word IN the con
stltuton 10 justify the arrogant assumption, not only
undertakes legslate for the States but to dictate 10
their governors What they shall shall not do TO carry
out compact made between them. But il goes still
further than this with respect TO fugitive slaves II 1t
had order the States and their governors
TO deliver up fugitive slaves although vast assumption
of authority, IL would have dealt equally with both
casses OF fugves under the words OF the constitution
ordanine q like remedy for the recovery OF both. But
il deals differently with fugitive slaves 1t does not
make the States act through their governors, but pro.
vides that the claimant shall take his slave before the
utees of the United States courts the Judges and
masisrates of the State courts The States, finding that
the Supreme Court of the United States have asserted
and the exclusive right Of Congress to egs
late or ths recovery OF fugitive slaves by the authority
of the general government have refused 10 allow Their
mas, srptys and other officers 10 act They have re-
pealed the laws previously made 10 aid in the recapoe
of fugitive slaves And indeed. sr II be true that the
recovery OF fugitive slaves y exclusively an anar o. nc
general government, what else could the free States do
Were not such laws unconstitutional And would
thew not be set aside by the courts OF the United
States, The doctrine OF this court not only permi''ed
hut virtually commanded, the States. ~ soveregns,
and the people of the States individuals, TO s'ana
a oof. and to leave the slaveholdsr TO 'ne ins1"-
ntay OF the government OF the United States. ana 70
III. .le IN rec ,v1r his fuajtve slave Sir, protest