The national era. [volume] (Washington [D.C.]) 1847-1860, 1852-09-02
TVE NATIONAL ERA WASHINGTON D. C, SEPTEMBER 1852

further proposition for po,cer to determine
the proof and effect of such acts, records, ant
proceedings" Amidst all these efforts to as
sociate power with this compact, 1t Is clea
that nobody supposed that any such already
existed. This narrative places the views o.
the Convention beyond question.
The compact regarding public records, to-
gether with these various propositions, was re-
terred TO committee, on which were Mr.
Randolph and Mr.. Wilson, with John Rut-
ledge, of South Carolina, as chairman. After
several days. they reported the compact with
po,cer in Congress to prescribe by general
laws the manner in which such records shall
be proved A discussion enSued, in which
Mr.. Randolph complained that the Z" definition
of the powers Of the Government was SO loose
as to give II opportunities OF usurpng all the
State powers. He ,oas for not going further
than the report, ,ri,ich enables the Legislature 10
proride for the effect Of judgments" The
clause of compact with the power attached
was then adopted, and is now part OF the
Constitution. In presence of this sollcitude
for the preservation of " State powers" even
while considering proposition for an express
power, and also Of the distinct statement OF
Mr.. Randolph, that he " was not for going fur
Their than the report" it is evident that the idea
could not then have occurred that power was
coupled with the naked clause OF compact on
iugitives from labor.
AT a later day, the various clauses and artl-
Giles severally adopted from time 10 time in
! Convention were referred TO committee OF re-
VISION and arrangement, that they might be re-
! duced TO form as a connected whole. Here
another change icas male The clause relating
10 public records, with the power attached,
was taken from its original place at the bottom
OF the clauses y. compact, and promoted 10
stand first IN the article. as a distinct section,
while the other clauses of compact, concerning
! citizens, tugitives from justice and iugtveS
from labor, each and all without any power
attached. by natural association compose but
single section, thus:
ARTICLE "
SECTION |. Full faith and credit shall be given in
each States to the public acts, records, and Judicial
proceedings of every other State. AHdH the Congress
mag By general kars prescribe ths m0Hr ia whIch such
acts, rooys and prOceedings shall be pyOred and he
etfect thereof.
SECTION 2 The citizens of each State shall be en-
titled to all privileges and immunites OF citizens in
the several States
d" A person charged in any State with treason fell
ony, other crime, who shall fee from justice and
be found in another State, shall on demand of the
Executive authority of the State from which he fed
be delivered up, to be removed to the State having
jurisdiction OF the crime.
i" No person held to service labor in one State,
under the laws thereof escaping into another, shall
in consequence Of any law regulation therein, be
discharged from ssch service labor but shall be
delivered up on claim of the party to whom such
service or labor may be due.
SECTION 3. New States man he Animated Bv the
Congress into this Union but no new State shall be
formed erected within the jurisdiction of any
other State; nor any State be formed by the unc
ton of two or more States. parts of States, with
out the consent OF the Legislatures of the States
cerned as teeH as y Me Congress.
The Congress AaH haUe powey to dispose Of and
make all needful rules and regulations respecting the
territory or other property belonging to the United
States and nothing in this Constitution shall be so
construed as to prejudice any claims of the United
States, or OF any particular State.
SECTION A. The United States ShaH guarantee
to every State in this Union a republican form of
Government and shall protect each of them against
INVASION and application of the Legislature of
the Executive, when the Legislature cannot be con-
vened) against Domestic violence
Here is the whole article 1t will be OBJ
served that the third section Immediately fol
lowing the trad section of compacts, contains
two specific powers, one with regard to new
States, and the other with regard to the Public
Treasury. These are naturally grouped to-
gether, while the fourth section Of this same
article, which is distinct in its character, is
placed by itself In the absence of all specific
information, reason alone can determine why
this arrangement was made. But the cOnclu-
sion is obvious, that in the view OF the Com
mlttee and of the Convention, each Of these
sections differs from the others. The first con
tains compact with grant of power. The
second contains provisions all of which are
simple eempap,si and two Of which We're
coniessedly simple compacts in the old Articles
Decentralization, from which, unchanged in let
ter or spillt, they were borrowed. The third
is a two-told grant of power TO Congress, with
out any compact. The fourth is neither power
nor compact merely, nor both united, but sol
emn injunction upon the National Govern
ment 10 perform an important duty.
The trainers of the Constitution were wise
and careful men, who had a reason for what
they did and who understood the language
which they employed They did not, after
discussion, incorporate into their work any su-
periluOus provision; nor did they without de
sign adopt the peculiar arrangement in which
it appears. In adding to the record compact
the express grant OF power, they testified not
only their desire for such power in Congress !;
but their conviction, that without an express
| grant, it would not exist. But il an express
grant was necessary in this case, it was equally
necessary in all the other cases Erpresala
fact cessare facitum. Especially, in view Of its
odlous character, was II necessary in the case
of iugitives from labor. In abstalning from
any such grant, and them in grouping the bare
compact with other similar compacts, separate
from every grant of power, they have most
significantly testified their purpose They not
only decline all addition of any such power 10
| the compact but TO render miSapprehen.
sion impossible, TO make assurance doubly
sure, to exclude any contrary conclusion, they
punctiliousy arrange the clauses, on the prin-
ciple OF noscit,T sociis, so as to distinguish
all the grants OF power, but especially to make
the new grant OF power in the case of public
records. stand forth in the front by itself, sev-
cred from the mere naked compactS with which
il was originally associated
Thus the records of the Convention show
that the founders understood the necessity of
po,rers IN certain cases. and, on consideration,
most jealousy granted them A closing OK
ample will strengthen the argument Congress
is expressly empowered " 10 establish an uniform
rule Of Naturalization, and uniform lars on the
subject OF Bankruptcies throughout the United
States" Without this provision these two
subjects would have been within the control of
the States. the Nation having no power 10 es
fabi'sh an uniform r,De thereupon. Now, in
stead OF the existing compact on fugltves from
labor, II would have been easy. had any such
desire prevailed to add this case to the clause
on Naturalization and Bankruptcies, and To
empower tongr9ss TO ESTABLISH AN UNIFORM
RULE FOR THE SURRENDER OF rUGlTIyEs FROM
LABOR THROUGHOUT THE UNITED STATES.
Then. Of course, whenever Congress under
took 10 exercise the power, all State control of
the subject would have been superseded The
National Government would have been consti-
luted, like Nimrod. the mighty Hunter with