New-York daily tribune., 1859-06-02


1isoni Of s liberty he too ought therefore to be
i'll. These relaors ought to be discharged because
they have been indicted and convicted under an
act OF Congress upon subject matter in reference 10
which Congress has, under the Constitution of the
United States, no legislative power whatever.
AS 10 the correctness of this proposition there doe.
not rest on my mind the shadow or elimmer Of doul
Inc Federal Government is one Of limited powers
and AL powers not expressly granted 10 IL or
TO cay into effect such as are expressly granted TO 1
by the terms OF the Constitution are reserved 10 the
States or the people. Amendments, Art. 10.
No perfon held to service OF labor 10 one State
under the laws thereof, escaping into another shall In
consequence of any law or regulation therein be dis
charged from such service or labor but shall be dey
cred up on claim Of the party to whom such service
or labor may be due" Art. 4, Sec. ..
Ihls is the only clause of the Constitution from
winch anybody pretends to derive, or in which any.
body pretends to find grant Of power Congress to
legslase on the subject Of the rendition of fugves
from labor. l can find in it no sach grant. The
frst part Of it simply prohibits State leg,la.
labor. Such fugitive shall lot be discharged :" in
consequence of any law or regulation Of the
State into which he shall escape, "but shall be de.
hvered up" BY whom BY Congress by the
Federal authorities There are no such icords, and
such idea is hined at. This is evident from an in.
specion of the whole of the preceding portion Of this
article.
ART 4. sEc.1 "Full faith and credit shall be given
in each State TO the public acts records aud judicial
proceedings of every other State. And The C0ngTes,
moy Jy general lars prescribe NE manner wkiek
" such acts records and proceedings shall be prored
" and The fleet Mereof" Here, in the first place, is
compact between the States respectively-an agree
rnent Of the several States to and with each other
that the public acts, records and Judicial proceed
ings," of each shall have 80 faith and credit
given to them in all. Had this Section closed here,
would any one claim that it embraced any grant Of
legislative power to Congress? think not. But the
trainers OF the Constitution thought that Congress
ought 10 have the power to prescribe the manner in
I" which such acts, records ana proceedings should be
proved, and the effect thereof" and hence they
gave the power in express terms. When they intended
grant of power TO Congress and not mere contract
stipulation by, injunction of duty upon the States
8sey sag so, and leave for cavA the sub
SIC 2. "The citizens of each state shall be entitled
to all privileges and immunities Of citizens il the
several States.1
81 person charged in any State with treason felony
or other crime, who shall flee from justice, and be
iourd in another State shall, demand of the Exec
utive authority Of the State from Which he fed be
delivered up to be removed to the State having jurs
diction Of the crime
That these clauses Of section two mere ar ioles
Of compact between the States, dependent the good
faith of the States alone for their fulment, suppose
no one viii dispute. They do not confer upon Con-
gress any power whatsoever 10 enforce their obser
Then follows the last clause of section two
respect to fugtves from labor service first quoted
And this, ike all the other preceding clauses Of this
article, except the first is destitute of any grant Of
power or even ailusion to Congress or the Federal
Government. Now, if grant of power TO Congress
was here intended why this silence If the trainers
Of the Constitution intended grant Of power 10 Con-
gress in this clause, why did they not say so, they
did say the frst section IN respect 10 public acts
" records and judicial proceedings =
IL seems to me that rational answer can be given
to this question, except by denial of such intentions.
EIpreSSO uaias eJcuso oicrsus, is legal maxim az
old as the common law. The express mention Of one
lsnut xrln lf
II TX the dictate Of reason and cOmmOnsense. Ii ia
maxim which applies alike in the Interpretation of con-
tfac,s statutes and constitutions. Its application was
never obviously proper than to the question be-
foIe us and when applied, it seems to me to bring
with it force little short OF mathematical demonstra-
ton.
Thus far have reasoned as if we ignorant of
the history Of the Constitution. But glance at that
history confirms the conclusions TO which we are
brought by the ordinary rales of interpretation and
makes assurances doubly sure"
The Articles Of Confederation under which the strug-
gle for independence was carried through, and for
which the present Constitution of the United States is
substitute contained nothing b articles OF compact
The fu6lment of its obligations was dependent upon
the faith of the States alone. The Congress could
make requistons but had power to enforce them.
Again: Certain provisions of the ordinance of 1877,
for tie government of the territory north west of the
Ohio River in express terms declared to be AZ
tcles of compact
Now every one of the clauses Of the fourth article of
the Constitution above quoted were borrowed and
transferred with but slight verbal alterations from the
Articles of Confederation and the Ordinance of l7S7
the first three from the former and the last from the
latter-wth this exception only that to the first of
these clauses added grant OF power to Congress
to prescribe the manner of proof and effect OF public
acts records and iudicsl proceedings. Here, then,
we have certain articles of compact--admited or de-
cl8red 10 be SUCH and nothing more-borrowed and
transferred from one instrument to another, with no
n,maon of any change Of ther character rs articles
of compact, except in single instance where the
"A. Iha tpfer ms IN
me to be irresistible that except far as the change
is expressly declared they remained aite- the transfer
the same as they were before-dIticles OF compact,
and nothing else.
Icopclude, therefore that the States are bound in
fufment of their pghted faith, and through the me-
dium of their laws legislation and functonaries To
deliver up the fugitive from service or labor, on claim
of the party to whom such service or labor may pe
due under the laws Of another State nom which the
fugitive has fed But the Federal Government has
nothing 10 do with the subject and its interference rs
sheer usurpaton of power not granted pct resereu'
But it is said the question is settled ana our aeu
ment comes too late. deny that II is settled
The federal legislature has usurped a power not
Granted by the Constitution, and federal Judiciary
has through the medium of reasonings lame halting,
contradictory and of far-fetched implications, derived
from unwa warranted assumptions ana iase history, saio
TONED the usurpaton | deny that the decisions OF a
nsurpng party in favor Of the validity OF Its own as
sumptions can settle any thing. IL is true thai the
courts and legislatures OF several OF the STATES nav
decided in the same way; but they nave pecn eeSeon
of acquescence rather than of original and indePen-
dent inquiry. The fact that such ursts as hornoiow
err Walworth and Webster thought on tbi' subject as
think shows that the question is not settled Inc iac
that majority of my brethren, as understand them
admit that if this were new question they would
be with me, and that they yield the stiohS
laanings of their own minds To the iorce oi
tbe r5le of res adjudicota alone proves that TINS
ouesiion is not settled. The truth is is not u re-
ceny that the mass of Intelligent and inqulring mnd
in this country has been brought to bear upon TINS
n,os,;or II reoured the enactment and enforcement
qucsuVu. =. -. g IS,n orerrilnr the most