Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1852-07-16

| they undergone in passing them ? What ettec
and force, in their present FORM do they now car
ny with them? Are they, BY any means, trans.
formed from mutual stipulations by contracting
parties. into grants of power BY parties surren-
derlng what they had retained and reserved to
themselves for ten years, to a new administration
of the powers, jurisdiction, and rights in this be-
half, then for the first time delegated 10 the Uni
ted States
If So, how, when, why, BY whom, by what
apt words to express the transformation Of these
mutual covenants into the delegation of power,
this new grant first made, and where in the rec
ord, do you find it written down?
We will trace the subsequent history Of these
stipulatons of the old confederacy, and examine,
first the process to which they have been sub
jected, the changes resulting from it. and the
addition they have received, and when we have
sufficiently considered the clauses b. themselves,
we will enquire whether they are affected by
their relation 10 other parts Of the saae instru-
ment, and whether any different rule of con-
struction is be applied to interpret them, so as
entirely to change their character.
It does not appear thai any complaint was
made of the performance of either Of these
three stipuatons by any state, either in the con-
tinental Congress during the ten years that fol-
lowed the adoption Of the articles of the Couted-
Grafton, or in the constitutional convention dr-
ring its whole session, or that any apprehension
of such non-performance in future was express
from any quarter Nor does it appear that any
objection was raised against the clause concern
ing the faith due to records, or that concerning
fugIivcs from Justice.
1t was, however, as it would appear rapug-
nant to the sentiments OF South Carolina to guar
auteo all the privileges of free citizens OF her
oWr state to the colored free Inhabitants Of 9TH
er states. Ga the 25;h of Jnne, FITS, South
Carolina accordingly moved to insert the word
"lDtite' in article fourth, clause, first between
the words free inhabitants"
On this proposition the states votcI-aycs ?,
nays 8, divided and the motion was rejected
the two ayes were South Carolina and Geor-
gia.
South Carolina moved, after the words ''sey-
era states" to insert according to the law Of
such states respectively, for the government Of
their own free wlue inhabitants" On which
motion the ayes were ?, the nays 8, divided ! !;
and It was rejected.
South Carolina was unable to repeal that
clause of the Old COME ieraton. or prevent it,
passing into the new constitution. But she has
found a very convenient way of escaping its
consciousness since that time, and calls upon 9th
err states to fulfil their agreements in these arii
cles of compact, portion of which, understan-
ding it perfectly we'll, as she showed b. trying to
change it, she still goes coolly and Deliberately,
and habitua,iy, and persevcringly, to violate.
No other change seems to have been suggas-
ted in either of these clauses in the continental
Congress during the whole period Of ten yeas
On the 2Ist of February, 1877, grand com
mittee, of which Hon. Nathan Dane, of B9ver
ly, Massachusett, was chairman, recommended
a meeting of delegates from each state to re-
wise the Articles Of Confederation. On the
motion of the delegates from Massachusetts, i
was resolved 70 cal. convention .oY tina. pvsf~
pose to meet at Philadelphia on the second Mon.
day in May.
Sundry members met on that day, May It'll
1887, but the convention did not elect their
President, George Washington, until the 25-
On Monday the, 18th they adopted their rules
and orders, and on the 28th they proceeded 10
business. On that day, Charles P,ckney, OF
South Carolina, submitted draft Of a consti;u-
ton, which became the basis of the further ac
ton Of the convention.
In this draft the twelfth and thirteenth arti
clcs were as follows:
CART. XII. The citizens of each state shall
he entitled toail the privileges ana mnunities Of
citizens in the several states. Any person char
gcd with crimes fleeing from justice into anoth-
from which he fled, be delivered up, and rcmov-
cd to the state having jurisdiction of the off
CnCe.
"ART. XII. Full faith shall be given, in each
state, to the acts Of the Legislature, and to the
records ard judicial proceedings Of the courts
and magistrates Of every state"
There is no reason to suspect, therefore, that
it had occurred to South Carolina at ttat time to
convert either these causes into grant OF pow
er, or to insert among them any provision for the
case of fugitives from service. Neither Of these
changes had been thought Of either by South
Carolina, or, so far as we know, by any other
state. That these clauses, as they stood in the
Articles of Confederation. were so far sausiac-
tory to all sections and to all parties not 10 be
among those provisions of the compact which i
was desired to revise, and which the convention
had come together expressly to reform, seems to
quite evident, not only from the facts already sta
ted but also from the circumstance That in the
sir other plans submitted to the constitution con-
vcntion, in the form Of resolutions embolying
the views of leading statesmen, and OF the dit
fcrent parties struggling to mould the new insli-
tutions upon principles in some respects widely
diverse from each other, neither the faith due 10
public records, nor the immuntics mutually
pledgad 10 citizens, nor the extradtion Of fugi-
lives from labor. is so much as once alluded to.
\ ct the very object Of all these resolutions was
to bring forward and present for discussion the
views Of their authors upon all disputed points
involved in the mission OF the convention.
The plans to which refer were Edmund
Rundolph's fifteen propositions, presented May
29.h Mr. Pctarson's eleven propositions pre-
scented June 18th; Colonel IIamton's plan in
eleven propositions, presented June 18Th: Ran
dolph's plan as amended, and again submitted in
Committee of the Whole, in nineteen resolutions,
June lQ,h the report of the Committee Of De-
tai on the twcn;y-threc resolutions, July Goth;
the rapor; Of eleven, made September lth, and
for several days afterwards. Neither Of these
plans contains any alluson to the question Of
tugitivcs from service, now in,anely imagined
by the fanatics Of sIaye-worship 10 have been one
of the Leading compromises o; the Constitution"
"A thing which no man in the Convention which
framed the Constitution dream9t Of until it was
suggested in another assembly, and upon another
occasion, AMI ior another purpose. On the 18th
Of June, the same day in which he submitted
his plan, Mr.. Hamilton read, as part of his
groa; SPEECH, his complete draft Of a constitu-
ton, in which the clauses already given from
Piuckney's draft roapPcar5 III tie following
shape:
"AEr. IX-SEc s. The citizens Of each
state shall be entitled to the rights, privileges
IN, ~ Z