New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-09

" ,orpey General OF Virgin has suggested ano.b,
difficulty With r, speci 20 he mo3e Of arrsiin, D.,
sons as iusitiycs from jnst'c have tsoaghta,
present 8 proper Occa.ion to bling the subj-cli,n
your view TIA. by ih0 in;erPosion Of the se9s,sl
4" legilaiUre 20 who's, co. sideraiOn You nav D.
pleased q submit IT, such p ula,lons nay BE- ei.sl
l.ks6 a. will i future obyiatc al DOUBT sni embA,
rnssIrer' upen coust u'oual question 90 Gehcs..
aid importsut." rhs President ssnt thi. conrrr;.
cation ana the s,companyi-y documents 20 Core.
and the result was hs - the ssnie session tbs A.,
was reported 10y committee. AM Wa hoaly Bsss-5
vi,hcui ouvo-i,ion o. he I2'h OF February. llql -
Such was y G or9in Of the law OF 1885, q ss sso,
which much s,Icss hes be u laid as 4 c)ienporaua,s.
exposition of the true i.oni AMI nesniDg Of 70. Con-
sil uton by the trainers OF hs' instru aen bat ghrb
/ imsA inc, when We reflect on the ir,uus:surg. =
ontitie. 10 10 weight whatever on thu, acsoua, {,
se ma more probable tbs the prtence OF he Cover
nor of NinipiI and bis Ai'0rneyCeneril. Tor refs.
In, the C maId OF the Pennsylvania t;oyernoT va.
what would be IN mo -orn times REGARDED ~ An
srtful lodge for get'in, nd Of an unpea sgb.
iect and that if he crime >hArt ed az insi tie ss
Nirginian' bad been something else than kid1appls
no such wart of power would have been Ylea.ei al
no such sub;erfus resor,ed 10 The ac' pas j viii
ou' debate sud without op9o'lton. bow ~ TOE men,
hers card and fcwe. sill understood what wss "a y
Il. sides, Il was harmless thing, considered n Gn,
wav az ri attracted little or attention, mach les re
siancC, fiom any quarter. !. added nO'.nc % Toe
Constitutional provisCn IN re case OF fugitiveS frOn
labor md vas in fine A dead lest OF the statute Book
~ e
warrant for tie sTrest OF the fugitive bu. the pssn
10 HON The labor or service might be due, his Sgsu!
or attOrr ", was 20 seize or arcs sGch fugitive
best he could, unassisied by Federal law, a03 iske
him or Der before Judge of the Circuit or pstric.
Court or other magistrate and there make proof %
the satisfaction of the oico- lat the person - seized
arrested id owe service or labor to the clanaot;
and then The judge or magistrate granted a cericae
70 the claimant, which the Act declared " suiicen,
warrant" for removing the fugitive TO the State
from which he lied. When the Consitu'i wss
adopted, Slavery was recognized "a an existing insr-
tuition III oil = States except ,ssachuset,s and in al
of them he Common Law right OF recapro4 was 10
iu force except in Massachusetts,, where it hal
been abolished with the institution 10 which
was incident and in Pennsylvania ard soma
others, where statutory Law hal superseded
the Common Law, or aided 20 its pmeifv.
The NEST 0f q minss and the punishment of OfMsS
have ever bcen regarded snaticrs OF State with watch
individuals, as such, have nothing To do. The las
causes The arrest; the law fixes The punishment tM
il might De argued with much force, that the cousiiG
tonal provision concerning fugitives from crime
in lis very nature and essence incapable Of eNeculoa
IN ess by the aid of Congressional legislation, whih
couO alone reach the Executive authority NJ different
static. | do Tot myself perceive any good reason
why. IL this proposition be- admitted any argument
can be- drawn from il To Justify Congressional legisS
ten in respect TO fugi'nes from abor-a mere ind.
vie ual affair of the claimant, and no. in sny
connected with matters Of Government or the a lmu.
strsrion Of Justice or the protection Of sor'e'y .
criminals certainly TO greater or less eNent 10
my mind il Is clear that the tIamers OF the 20 st~uol
id OF in end To confer any legislative power Con.
gross in tiihr case ard that these provisions OF the
Constitution arr complete without legislation or IN
other words may be said 10 xecuto themselves They
are like the stipu aloEs in a treaty, binding ;be
contracting parties and all persons reprseascd BY
them, vithOut the aid OF any positive statute lsE. !
will give my reasons, VITA your permission, vep
briefly.
liz The old articles of cJnfcderation-the only bond
NaN... fhn oFf AfF ha
Federal Constitation-wo provisions may b. folud N
terms almost precisely resembling two clauses OF the
present Constitution. One of these provl- on3 Is the
exact counterpart OF this clause concerning Isiay@
from Justice aud provided for the surrender of per
sons guilty of or charged with treason. felony or Other
high uisdemeanor, on the demand of the Governor or
Executive power of the State from which they fled
These Articles of Confederation were entered loto 10
July l77s, ard THE provison had been an operation
without any difficulty being encountered IN the re-
clsmat0n of criminals down 10 the time when the
Convention assembled-ton years la'er-tO frame
new Constitution The other provision in thF Articles
of Confederation referred 10 by me is the Counterpart
Of section ! OF Article Of the present Constitution
relative TO The credit to be given in State 10 the
public acts, &c OF smother; and il is quite possible
son practical trouble had been experienced in giving
10 il due effect. When the Convention came to tas
part OF the new Constitution they incor Dora,sd both
these provisions in IT, almost word for word but with
this marked difereDce-and beg 10 call your atten'
ton particularly TO it, for much Of my argument rests
upon this act-tc the clause relating TO the degree
credit to be given to the acts of State appended an
express grant of power thatthe section 70 1ds thus
Foil faith and credit shall be given In sch State the pub
lie records and Judicial proceeding Of every other sta
And the Congress may BY general laws prescribe The mAan
in which such acts records and proceedings shall be proved %
the Ell. ct thereof"
While the other provision stands in the Consi,uien
a. it did in the Articles OF Confederation, simply @I
declaration stipulation that fugi'ives from usts
should be delivered up, without any grant 20 COnHes
Of any power TO tgislaie on the subject. Nog, WY
is this ference II Congress have or may gbtfd3
exercise the power of legislation, why was an express
grant thought necessary in regard 10 the faith sot
credit due TO the acts of State and none 10 the su
render Of criminals If necessary in one case, WY
not in the oherl If not necessary in either case, WY
was II appended
In the Articles of Confederation these two causes
follow each other and compose part of the an Article
In the Constitution they also compose par IF he IN
Article but their relative positions are reve sed The
clause concerning fugtives following that reAlve 70
the faith due 20 the public acts OF STATE. lnsis
preceding IT, il dOes in the Articles OF Confedet
lion. ] be mind of the Convention was drawn 70 he
consi6 Grafton OF these clauses AZ the same tine;
they knew the difference between declaration colpd
with grant Of legislative power AMI one WITHOUT @
they had just Disseminated it, and yet they grsnr'
this power in ono instance and withheld II IN the ous;
Wbyi Did they mean the same thing in both or
they mean to purposely Withhold what they dd ~
expressly grant
or labor is not to be found in the old article
il sppears for the first tune, 10 the pr, sent Corr
tuition, az stipulation restraining, 20 a eer'si
extent the legislation of the States withOu any graz
of legislative power TO Congress. II eeconpshesS
its frsmers intended by il it stands in other vo'o
il executes itself, independently of Legislation. Er
cuIes the party 10 whom labor service may be daS
az snst the legislation OF State depriying hun Of
but AZ TO every thing else it leaves him to the ordinn
modes Of redress opeL 10 all men whose rights reqan
the aid of The law and its officers All the sts1,
with scarcely an exception at that time, provided pn
heln 70 these who were in pursuit. OF such runawsr
and in nor. Of them could they be discharged ~ r
law or regulation from such service or labor a. ny
nj CHI nue IN the ate from which they b. d Of N