The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-05

cording 10 It's strict and simple purport From
the time | commenced public life, have en-.
deavored to pursue this course, and il have
ever departed from it by any vote of mine in
Congress, am totally unconscious of it. Now
let us look into the Constitution. There are
two ways OF getting at what the meaing of the
Constitution is All senator's on both sides
believe, will grant that when we take up the
Constitution of the United States we take up an
aggregate Of grants. The Constitution is not a
thing of itself. 1t is not self-existent 1t was
made by the people of the States and they de-
signated in that Constitution the particular
grants of power they conveyed, reserving to
themselves all powers not granted. Then, when
we look to the Constitution to know whether
any power is contained therein, we must first
look at the distinct specifications Of power, and
see ii it is sustained If it is not there, there
is but one other way to get the power and that
is TO ascertain whether ii is necessary and proper
to carry out a specific grant These are the two
great methods of ascertaining the meaning of
the Constitution, trite though they may be, laid
down by Chief Justice Marshal himself, the
great high priest of construction. take up the
Constitution, and find all that it says with re-
spect to fugitive slaves is contained in the
second section of the fourth article, and it is q
mere quotation in that section. The section
begins us follows:
"The citizens of each State shall be entitled
to all the privileges and immunitics of citizens
in the several States"
Then follows in the next sentence the quaf-
cation with respect to fugitives from justice and
fugitive slaves
"A person charged in any State with treason,
felony, or other crime, who shall flee from justice,
and be found in another State, shall, on demand
of the executive authority of the State from which
he fled, be delivered up, to be removed to the
State having jurisdiction of the crime No per-
son held to service or labor in one State, under
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 delivered up on claim of the party to
whom such service or labor may be due"
Now, these two clauses are exactly similar in
purport, excepting in one particular. In the one
case the fugitive criminal is to be delivered up
on the demand of the executive authority Of
the State from which he has fled /; in the other
the fugitive slave is TO be delivered up on claim
of the party to whom he belongs. In neither
clause is it stated that the fugitive is to be de-
livered up by the State authorities. Yet it is
clear these clauses can refer to no other au
thorty for their enforcement, because no other
authority is spoken of. 1t is an affair between
two States. The fugitive is to be delivered up
To be delivered up he must be seized--he must
be in the possession of those who deliver him
up. No authority within State can seize q
criminal against the laws of another State, but
the authority of the State itself to which he has
fled. This is the law of nations, and is acknowl-
edged by the act of 1893 with respect to fugi-
tive criminals, but is denied with respect to fii-
gitve slaves. In the former case, the State au-
thorities are to seize and deliver up the fugitive
criminal but in the latter, according to this act,
the State authorities have nothing to do with
the fugitive slave. In the former case, the Con-
stitution is only treaty stipulation between
sovereign States in the latter, it is matter of
congressional legislation, although Congress is
not referred to in either case in the Constitution.
Is there any ground in reason for this difference
of construction! Let us apply the acknowl-
edged rules of construction have laid down for
ascertainng the meaning of the Constitution
1t will not be claimed that Congress possesses
the power to legislate on the subject of fugitive
slaves as necessary and proper. to carry out any
expressly granted power. 1t is distinct sub
stantye matter itself and can contribute in nc
way to enforce any other grant of power. The
power, if it exists at ALL must be by specia
grant laid down in the Constitution. Now, sir
look at the clauses in the Constitution have
quoted Z Is there one word in either of the two
clauscs<%fcrring to fugitive criminals and fugi
: tive slaves, comforting any power on Congress
to legislate upon these subjects? No power
whatever is given to Congress. Congress is moi
even mentioned in them What is the inevta
BILE inference? Why, that Congress has no such
power
This view of the Constitution is confirmed, i
We look into the sections Immediately preceding
and succeeding the section relating to fugtiv
criminals and fugitive slaves. In both of thes
, sections Congress is given power to act. Th
! first section provides: "Full faith and credi
E shall be given in each State to the public acts
records, and judicial proceedings of epery othe
: State, and the Congress may by general law
v prescribe the manner in which such acts, re
a cords, and proceedings shall be proved, and tn
n effect thereof" And in the third section it
' provided that the Congress shall have powe
1 to dispose of and make all needful rules and reg
ulations respecting the territory or other prop
erty belonging to the United States" Here
then, is this remarkable state of things: Three
sections follow each other in the fourth article
of the Constitution. The first and the third give
TO Congress the power to legislate. The sec
ond. lying between them, gives Congress nc
power to legislate. What must be the inevta
BILE inference! Why, that it ia the plain mean
ing of the Constitution that Congress should moi
have the power to legislate with respect to fu
gitive criminals and fugitive slaves. To infer
that such power exists under such crcum
stances Is not only to claim a power without {
special grant in the Constitution, but to seize it
although virtually negatyed by the specia
grants.
And, sir, it is not difficult to perceive why the
Constitution withheld all power from Congress
to legislate on the subjects of fugitive criminal,
and fugitive slaves, and has left this whole mat
ter TO the States for enforcement. The trainers
of the Constitution knew very well that it was
a yery delicate matter for citizens without q
State to attempt to seize any person within it
Shareholders knew that there was but one way
by which their fugitive slaves could be effectually
recovered TO them, when entering another State
and that State a free State The power, the
police, the judiciary OF the States, must be en-
gagged. The faith and duty Of the States must
be implicated. Every man in the free States