Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1859-06-08

gTdHttu 10 IL, Ut ueCeSSdTy W GARY INV
/. effect such as are expressly granted TO
by the terms of the Constitution, are re
served to the States or the people,
Amendments. Art. 10.
NO person held to service or labor il
one State, under the laws thereof. escap
ing into another, shall, in consequence
of any law or regulation therein, be dis
charged from such service or labor, bu
shall be delivered up on claim of th'
party 10 whom such service or labo
may be due" Art 4, Sec: Q.
This is the only clause of the Consiitu
ton from which any body pretends t
divine. or in which any body pretends Il
find grant OF power to Congress to leg
islate on the subject Of the rendition o
fugitives from labor l can find 10 it NJ
such grant. The first part OF it simply
prohibits State legislation hostile to tbs
rendition of fugitives from labor. Sucl
fugitive shall not be discharged "in con
sequence of any law or regulation" of tht
State into which he shall escape. "Bu
shall be delivered up" By whom?-
By Congress? By the Federal authori
ties? There are no such cords; and NJ
such idea is hinted at. This IS eviden
from an inspection of the whole Of the
preceding portion of this article.
Art. 4. Sec. /. "Full faith and credi
shall be given in each State TO the public
acts. records, and judicial proceedings o
every oil er State. ARd the Congres,
may By general iaws prescribe TIE manner
in aohich such acfs. records. and proceed
iDgs shall be prope1, ard the cfsct Mereof.''
Here, in the first place. is compact be-
tween The States respsctively-an agree
ment of the several States to and with
each other, that the public acts, records,
and Judicial proceedings, "of each shall
have "full faith and credi:" given to
them in all. Had this section closed
here, would any one claim that il EN-
braced any grant of legislative power to
Congress? think not. But the fra
mers of the constitution thought that
Congress ought 10 have the power ''to
prescribe the manner in such acts,
records, and proceedings, sboull be
proved. and the effect thereof" and
hence they gave the power in express
terms. When they intended grant OF
power 10 Congress, and not mere con
tract stipulation by. or injunction of duty
upon the States, they sag so. and leave
us no room for cavil on the suhirct. But
lei US 20 on
See Q. "The citizens of each State
shall be entitled TO all privileges and i'm
muni;ies of citizens in the several States. Z"
"a person charged in any State with
treason. felony. or other crime, who
shall fee from Justice, and be found in
another State, shall, on demand of the
executive authority of the State from
which he 1sd. be delivered up. to be re-
moved 10 the State having jurisdiction of
tie crime"
| That these clauses Of section Two are
mere articles OF compact between the
States, dependent On the good faith OF
the States alone for their fulfllment,
suppose no one will dispute. They DO
not confer upon Congress any power
whatsoever TO enforce their observance
Then follows the last clause of section
two, in respect 10 fugiiives from labor or
service first quoted. And this. like all
the other preceding clauses Of this article,
except the first, is destitute of any grant
| of power. or even aliusion 10 Congress or
the federal government. Now, if gran,
OF power 10 Congress was here intended,
why this silence? Ii the trainers of the
constitution intended grant of power to
Congress in this clause. why did they
not say sc, as they did say IN The first
section. in respect TO public acts, re-
cords, and Judicial proceedings"
1t seems to me that no rational answer
can be given TO this question, except by
denial OF such intentions. Expressio
uaius erolUsio dlterius. is legal maxim
as old as the common law. The express
mention of one thing implies the exclu
sion of things not mentioned. 1t is the
dictate of reason and common sense. 1t
is maxim which applies alike in the in
depreciation Of contracts, statutes and con
stitulions. lis application was never
mole obviously proper than TO the ques-
ton before US; and when applied, it
seems to me TO bring with it force liiIl.
short Of mathematical demonstration.
TITUS far l have reasoned as if we
were gnorant of the history OF the Con-
sti,u:iUn. But glance at that history
confirms the conclusions to which we are
brought by the ordinary rules of inter
probation and makes assurances doubly
sure"
The Articles of Confederation. under
which the struggle fer independence was
carried through, and for which the pres
ent Constitution of the United States is a
substitute, contained nothing but articles
of compact. The ful6llment of its obi.
cations was dependent upon the faith of
the States alone. The Congress could
make acquisitions, but had no power to
enforce them.
Again: Certain provisions of the or
dinance Of 1897. for the government of
the territory northwest of the Ohio river.
were iu express terms declared 10 be
"articles 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 ordi-
nance of l737-the first three from the
former. and the last from the latter
with this exception only, that to the first
of these clauses was added a grant of
power to Congress to prescribe the man.
ner of proof and effect Of public acts,
records, and judicial proceedings. Here.
then, we have certain articles of compact
admitted or declared to be such, and
nothing more-borrowed and transferred
from one instrument to another, with no
inlimaiion of any change of their char
acter as articles of compact, except in a
single instance where the change is de-
clared. The inference seems 10 me to
be irresistible, that except so far as the