New-York daily tribune., 1854-07-12

.,ituiion'-suhmitted by Charles Pnckney of South
Carolina May 20. i7s7.-e Ma. Rap. =. ,.ho,
The plan contained reference 20 fugi'ives from s
Various plans were submitted and referred, proyos.
made and adopted or rejected when, Oh the On asy "
July i7s7 Committee Of rh pe1 ", rAi Rapeir" apeif
WAS chairman 20 report constitution confer ~
"the resolutions passed BY the Convention. - -n'
n ,be e,h day OF Augus, Mr. Ruteige from the Com
mi,tee Of Detail made report. In thai report lne
srsl sections contained in the ith article -,
isn in relation 20 fugves from labor, which haa np'
vet te.n thought Of followed each other, and the aree
IN recn 10 records, yet stopped, with the mere a
on of the covenant that full iath, Ac, should oe
,o them no power was given to Congress over Tue HA
yet , ., ., .;s,es
when article Is a. reported by The tommee of detail was
taken up This article provided for the surrender o us
tyes from justice
~ BsI s.1.s sS M sp to s aysrod o Ike
Mr. slernsp saw D. nea. g,op'tsy -. 70 '-s pao''
Mr Butler wAhaIe H. p'urosou IN order ih. som, ps
Il is4."s k-cssl'''' ''''' D "''' '''' ~ ~ n,r.
On the Goth Of August the provision in regard to Pabhc
Acts oDd Records came under consideration, whe T
ulopositions of amendment were made ami were llal!
refered to committee of which Mr. Rutledye was Chsf
man. On The lst of September the article, among o1'
aers was reported back, and now for the hrst nIe,
Wa Incorporated in power on the part OF Congress
legislaie upon the subject Dr. johnson oi Cohn "o
ected 10 the grant OF such power, because woud au
thorize the General Legislature TO declare the eeo " ~
legislative acts OF in another State, and Mr. han
dopb objected that it might enable the Government 10
uturp ali state powers. After some amendments .ne r.
port agreed to- and thus in addition 10 the compact
ty which u faith and credit oovenaned TO be gwen
to the public acts, records, &c, OF one State by every
other State Congress "as granted the power 10 PR
scribe by general laws, the manner OF proving 'ne'
"snd the eject thereof.
Tlis history is IMPORTANT as not only jushes ana re-
oures a distinction be taken between grants OF power
and articles of compact but il clearly demonstrates ha
the Convention all along discrminated between grants o
power 10 the Government AMI articles oi e1npaot
a.. S.o+a .,,d
in making such granite and only did so when was deemed
absolutely necessary. ,.,.
Having now roush this eo@pns' cdnDed sna with
a power let along its neighbor in regard 10 ue
recaiming of Fugitive Slaves, and discover we eai
the time ard manner in which It shall be coupled WIN
grant of power to Congress its efficacy by eg
laton We have that the rrs suggestion 10 regau
the subject the 28th day OF August when vi,
Fnokney and Mr.. Butler moved to connect II WIN o
surrender of ugtyes from Justice but Withdrew the pro-
position for the purpose Of making separate provision
On the Goth day of August Mr. Butler offered such pro-
vision in these words:
"Ifsn, person bound service labor Of ;hs vai,a
stste shall escape anoih state he or he sns nO % w
ton in the state they escape bat h. be de-
'Which Wa agreed to He" SoHS
Here we have all the discussion upon the snpJec'
Plan after plan for the organization of the Governmeh
was made and presented reoluon upon resolution ohere
and discussed embracing the whole ground OF the feder
and State rights and powers without one word beng NEIL
toned of fugitive slaves; and when it did occur 10 me
clause in regard TO fugives from justice, il quietly
agreed that the States would deliver up such fuglves
from labor No power asked for the Federal Gov
eminent to seize them no such power dreamed OF;
the proposition that the States should respectively denver
them up was acouiesced in without any dissent let We
ere told arguendO by judicial authority that without
such clause the Union could not have been formed ana
that this provision OF the essential compromises
between the South and the North In point OF faci dd
not enter in the slightest degree into the compromises be-
tween the North and the South. have had time and OPP
partuniiy to examine the debates in the conventions for
for the adoption of the Constitution OF only the States OF
North Carolina and South Carolina. In the former the
whole of article read and though the grants OF
power contradis,ineushed from mere compact were
scrutinzed closely, objection was made 10 the aoence
Of such grant, but the article acquesced ill., with only
few words of explanation from Mr.. lredel who stated
that the Northern delegates owing 20 their particular
"scrupes the subject OF Slavery did not choose the
"word orc DE mentioned but that was their meaning
In the South Carolina Convention have been unable 70
find word of comment on the subject IN siTg'msI II
was DISCUSSED by Mcssrs. Madison and Randolph, who
never claimed for the character OF power delegated To
the National Government. Ii is no where mentioned as
entering into the compromises OF the CONSTITUTION How,
then car any one say. that without this provision the
Union could not have been formed And yet such asser
ton contradicd by the truth OF history is made the pre-
text for the exercise of powers by the General Govern
ment, that could not stand for single moment upon
similar basis in respect any other subjcct-matter
We have how the power of Legislation was granted
TO Congress in respect TO public records, &c we nave
seen that such power granted in respect TO the sur
render of fugtves from labor and that was not even
asked for and from the known temper and crupes Of the
National Convention, we may safely affirm, that IL hai
been asked it would not have been granted and had 1t
been graneApo union could have been formed upon such
basis history of the times, fully justifeS this con-
cluson Can be supposed for moment, that mad the
trainers of the Constitution imagined that under ths pro
vision the federal Government would assume to override
the State authorities appoint subordinate tribunals IN
every county in every State invested win Jnrisdctoh
beyond the reach inquiry of the Judiciary 10 nui
tipy executive officers dd rnfn""n wholly Independent
Of and irresponsible TO the police regulations OF the state
and that the whole army and navy OF the Union coud De
sent into State without the request and against the re-
monstrance of the Legislature thereof nay, even that
under its operation the efficacy Of the writ f Habeas Cor
pus could Be destroyed if the privileges thereof not
wholly suspended ii the members of the Convention had
dreamed that they incorporating such power INTO
the Constitution, does believe that would have
been adopted without opposition and without debate
And if these results had suggested themselves 10 the States
on its adoption would have been passed by them SHo
SHnto jealous they OF State Rights and State
Sovereignty The idea il preposterous. The Union
would never have been formed upon such basis.
The clause in regard public records forms section
by ITSELF with its grant of power added upon full consider
aion The second section of the same article contains
three clauses, but I'll grouped and numbered together
Th citizens each State ,hs l entitled to oil privileges and
person charged State with treason felony or other
sD on Semstd Of the executive authority which
he fed delivered mp be removed the State having urde-
mo person held to labor in State under the a~
ber,o s's'R1s into sIss, sna to eh % % S b.:
be delivered claim Of the party 70 whom 'en labor of
feIvice may lie due"
Here is the whole of the section without one word of
grant or one word from which grant may be inferred Or
mped Congress has the pow 10 legislate IN
gard 10 fueitves from justice or labor But may oe
asked how are the rights here stipulated and guaranteed
10 he enforced that every State officer esecu-
tive legislative and judicial who takes an oath TO support
the Constitution of the United States is bound TO provide
for and aid in their enforcement according 10 the true IN
,ent and meaning Of the Constitution But what # one
nv more States should refuse perform their duty and its
officers violate their osths and rePuda'e the compact