Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1852-07-08

10 wish some provision should be included III lu-
vor of property in slaves. Article fourteen was
adopted-ayes 9, no South Carollna) |, dlvlae1
Georgia. |. Article fifteen, the words high
msdemeanor" were struck out, and "o'her
crime inserted Mr.. Butler and Mr.. Plnckney
(Mr. C. PinckneyD both Ct South Carolina, moved
10 require iuaitiyes slaves and servants TO De
delivered up like criminals" MIR. wilson OF
Pennsylvania, said " this would obllge the TX
ECUTIvE OF THE STATE to do 1t at the pubic
expense. Mr. Sherman, Of Connecticut, saw no
propriely in the public Selling and surrenderlng
slave. or servant, than horse. Mr. Butter
does not object to either objection but he I'M
dertakes to change his proposition. lie win
drew his proposition, in order that some particular
provision might be made apart from this Article
Article fifteen was then adopted unanimously
Thus far there is no indication Of and intent
to make grant of power. Buffers motion to
reanre slaves to be delivered up, was to require
THE STATE 10 do it-not to empower Congress
to do it ; or rather to authorize the NATIONAL
EXECUTIVE to do it. Wilson's objection shows
tins understanding. 1t would oblige the Execu-
tive OF THE STATE to do it AT THE PUBLIC Ex-
PENsE, as happens when one State demands from
another fugitive from justice. Sherman thought
THE PUBLIC had no more Casuse 10 seize slave
than horse. - How did Butler propose to obvlato
this objection? Was it transferring the duty
and expense from the lesser public, the State, to
that greater public, the United States? 1t was
BY giving to the mister the same authority to
recover his servant that he had TO recover his
horse and it goes no further. A Vrglnlan
horse would be property in Pennsylvania. A
Vrginian negro held to service might not be
property in Peunsyvania.-Th Constitution
stipulates that the character of the property at
taching to him before his escape, shall continue
to attach to him in any State to which he may
| flee, whatever may be the laws Of that State.
horse so escaping must be delivered up; 50 also
must be u fugitive from labor. And that is all.
When gentlemen imagine that the Constitu-
lion has attributed to the negro held TO service
to that description of properry-the character
of sacredness that does not attach to any other
property whatever, they misread the Constitution
and miSudge the men who framed 1t. Than
have done what you mpnte to them some of them
would sooner have had their right hands cut off;
vet the clause as it nov stands, passed unanim
ouSIy. The strict attention of very sharp intel
ects was drawn TO this very question which |
have been discussing, in that convention. and
they settled it with their eyes wide open, and as
have, as will prove to the committee. Arti-
Gle sixteenth of the draft was that concerning
public faith in the acts of the Legislature aud
records, and judicial proceedings of the courts
and magistrates of the several States. That
was the last in this series of compacts. What
did the Convention do with II p?
August %, Mr. Williamson of North Caro-
lima moved to substitute in place Of article 10Th,
the words of the Articles of Confederation on
the same subject. He did not understand pre-
cisely ths meaning of the artcle."-Mr Wilson
and Dr.. Johnson SAID it meant thai judgments
in one State shonld be the ground of actions in
other States and that acts of the Legislature
should be included, for the sake of acts of inso
vency."
Mr.. Pinckney moved to commit it with mo
ton for a p0per to pass the bankrupt laws and
to regulate damages on protested bills Of cx
change Mr.. Madison favored the commitment,
and wished potcer to be given 10 Congress "to
provide for the execution OF judgments in other
States He thought this might be safely done.
Mr. Randolph thought there was no instance
under heaven of one nation executing the judg-
ments of another. He had not been graduated
in the modern Virginia consolidation school,
| Governor Morris moved to commit also motor
to give to Congress power to " determine the
proof and effect of such acts, records and pro-
ceedlngs" Nobody dreamed that there ,Cds a
poUer in The article aiyeady. Many thought one
should be inserted. 1t was committed. 1t be-
came the opinion of the majority that they had
better attach 10 the compact a clause giving
power to Congress over that subject, the faith tc
be given to the records. John Rutedge, Of
South Carolina was the Chairman Of the Com
mtee TO which those claims were referred to
| pnnln ihn nl,o Than t1ny 10 nln
stood last IN order and transferred it to the head
Of the list where it nov stands, attaching to il
power to Congress to act upon il. There it
stands.-WPre these men SO simple as not to
know whether grant Of power was necessary
TO be added, in express words, 10 enable Con
gress to determine the effect of public acts,
records, &c, in ar other State? Congress had
The power already, as the article stood, if they
have any power under either of the other clauses
over fugtVes from labor or either of the sub
jects Of either of these clauses of compact
But so thought not John RutIedge, of South
Carolina, who reported the grant of power
James Madison of Virginia, who desired grant
of power and favored a commitment for that
purpose Governor Morris, a high toned Fed
erallst, who could find constructive powers
wherever Hamilton could find them, but could
fHd none here, and therefore asked tor an express
grant. All these clauses were in the Confedeg-
alton originally, and articles Of compsct there,
aud nobody had ever pretended that there were
anything else there. All the four clauses are
still in their language, in terms, IN thei! obvous
one might almost say. i'll their only possible
Construction, articles Of compact Still, it is
agreed TO attach to one of them a grant of pow
I er, and not to the other three.-Tne convention
takes oui that fourth clause, makes it the first
and says Congress shall haze p0lUer to determine
the effect to be given to the public records of the
States, Where did Congress get that power
! from, in either of the other clauses of COMPACT
where it is not gwen? Why did Congress have
that power given to them by express words in
that clause, if The Government bad it already in
all these clauses. as they must, If Mey had Il m
either? These were not the meu to waste words
There is rot doc ument in the language of any
human race which lreads the face OF the globe,
so carefully considered in the effect Of every
word az the Constitution of the United States
When the Constitutional Convention saw thew
had not made grant OF power in either OF these
four clause, they came to the conclusion that
they bad better make it as to one of them. They
knew what to do. They picked out that clause,
put it al the head Of the article, and said Con-
gres shall have power TO determine, by law, what
shall be the effect gwen in public records. Why
did they not say "CoNGREss SHALL HAVE THE
POWER TO PROVIDE FOR THE RENDITION OF
FuG TIYEs FROM LABOR
That Is what they would have said had they
50 meant. They did not so mean, and there.
fore they did not say it, And this is the only
reason which the ingenuity of man can divine
tor the omission TO express grant of power in
this clause Of Constitution, hch grants no
powers except those given in so many words.
or those which, being subsidiary in their nature, ,
are essential to carrying into exercise powers
granted IN so many words. Where they desire
power, the clause was changed. Was this
GINNING devise of Northern men? John Rut.
ledge was chairman Of the Committee appoint
ed on the 29ih Of August, that reported that
cause as altered giving the power to Congress
| Mr.. Pierce Rnilnr Enn plncknn.1 al Al.