Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1859-02-17

tlcle IN the Constitution requiring the rendition
of Fugitives from labor, having no limitation
as to time, cannot, therefore, be SO limited If
a fugitive slave has resided in n free State for
twenty years, and enjoyed all the privileges of a
freeman, still the rights of the master, by force
of tho Constitution, continue, and the State
would be obliged to surrender him up. The
Constitution makes the claim of the master
a condition PRECEDENT. The State is under
no oblga85n to interfere with the fugitive or
take any steps for his surrender, until claim is
made to him by the person to whom his labor
or service is due Now docs it not follow that
this claim should be made within reasonable
time? Wasn't the intention of the trainers of
the Constitution that the master night leave
his slave in the full enjoyment of liberty for ten
or even twenty years, and then demand his sur
render, and the State be bound to deliver him
up? 10 US it is clear that the trainers intended
the claimant should use reasonable diligence in
making the demand upon the State, or in other
words, the demand must be made within rea-
sonable time. If this is SO, then it becomes the
duty of every State to pass law limiting the
time.
1t may be said that such law would dis
charge tho fugitive from service or labor. -
and would therefore, be unconstitutional -
This is not true. The Constitution denies to the
Legislature the power to abolish contracts and
yet, all courts hold that they may pass statute
Of limitation. IF hold note against my
nelghbor, the Legislature can pass no law to re-
lease him from his promise to pay the full sum
specified in the note, but they can fix time be-
yond which | shall not sue and collect it, So if
man takes my horse wrongiully, have a le-
gal remedy for the trcspass. But if neglect
to pursue that remedy until the statute of limi-
taton has run, the law will not aid me in in
forcing my clam, The reason for the constitu-
tionality of these laws is, that the statute of
limitation does not act upon the contract or
claim, but only on the remedy.
Our law says that no action shall be brought
or maintained upon any note, unless the same is
commenced within six years from the time such
right Of acton accrued. Now this has no eff
feet upon the promise of the maker to pay the
sum specified in the note, but only on the rem
edy. The holder of the note having slept over
his claim, what the law consideres an unrea-
sonable length Of time, it refuses to lend its aid
to inlorce the contract Should not this prin-
ciple be applied 10 the fugitive clause in the
Constituties2 ) .
Suppose the Legislature should pass law de-
clarlng, in Substance, that no claim should be
made upon this State, nor should such claim be
prosecuted within this State, for the surrender
of any fugitive from labor, unless such claim be
made within two years from the time the right
accrued to make such claim. Would not this
law act solely upon the remedy, and would not
the court be bound to place the same construc-
ton upon this which they plead on other stat
utes OF Limitation? We think there can be very
little doubt upon this point.
1t may be said that such law ought not to
be passed, iuasmuch as the master may be unable
to find the residence of the fugitive within the
time limited by law, and it would be unjust and
unreasonable to limit his right to make the
claim. The statute of limitation has no regard
to the ignorance of the creditor or the residence
of the debtor. IF the defendant has been for
six years within the reach of process, my note,
if not witnessed, is out lawed, though | have
made dilligent inquiry, and have been unable to
find his whereabouts. It is so with all our
statutes of limitation, and it would DO no more
unjust in case of fugitive, than In any other
case. The Constitution extends over the whole
Union, is equally binding upon every State, and
the whole must be taken to be within reach Of
process, and the master should 10 bound tt
make his claim within reasonable time, or BE-
barred of his right, and it is the duty of thu
Legislature to pass laws limiting the time.
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