Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1859-03-29

ed silent as the tomb. Congress Is neither e3-
pressiy mentioned IN 1t, nor any idea of 1t i'm
pled No man from reading this clause would
know that such thing Congress existed;
or would suspect that 1t was anything more than
II purports TO be on It's face-a mere article of
compact between the States depending for its
execution entirely their integrity and good
faith But one Legislative power Is spoken of
III II, and that Is the State. \ positive prohibi-
ton 10 discharge from service or labor is impos-
Ell and then, In the same sentence a positive
obligation 10 deliver up? To whom IS this OBJ
ISatIon addressed Clearly 70 the same pow
er that IS forbidden 10 discharge That is the
natural and ordinary import OF the language. 1t
Is addressed 10 the State Government because
that \ mentioned Immediately IN connection
with Il, and no other power Is mentioned at ALL
The clause assumes TO regulate the legisla-
ton OF the State. 1t prescr!bes what shall not
be done, and Commands what shall be done
he prohibition Is expressly directed 10 the
State, and the obligation to " deliver up" fol-
lowing III the same sentence, applies To the
state by the ordinary force of language without
expressly saving " shall he delivered M b.
TIE state II | make an agreement with another
that If my horse escaped into his pasture. the
animal shall not be kept by him for his own
use. but be delivered ~ To me again. all men
would understand the obligation to deliver. 10
be imposed upon the one who was forbidden 10
keep, Because although II does not state ex-
Iressly that he shall deliver vet that l. plainly
IMPLIED. So when the constitution asserts thar
81 tugatlye escaping into State. shall not be
discharged by lis laws. but shall be delivered
up. Il i Just a plainly implied that hc shall be
delivered up by tie State.
Suppose tie words were changed -, ;ls ro shy.
thai vixen the fugaitye escapes iuI3 a Stale.
tHa state shall not discharge him. bat shall
deliver han up" Gould any one. d., any pos
sibie mode OF construction, pretend that IN Aat
ease The State Wouid not be the party 10 de-
hgered up CeataIuly not Ne; ice idea i
precISeIy the sI"e as the words uotv stand
And 70 one can tear he sentence gsunder. and
thrust iu taird power, ID fulfill the o3.l-a, ION
Imposed. without DOING equal violence. 10 the
Inpolt oI tie words. with that winch h,. ,-ouli
DO. II they were IN The form l aave supposed
HE State - Implied also by the inca. ing of
word deliver. The clause ASSUMES thar ex-
cept for lis obligation. the State would have un-
con trullea power over the fugitive. With re-
terrence To the State, the words shall BE- de-
hverea ZIP. were therefore properly used. But
ID third power was to have tGe right 10 come
ID and ,try the fugitive away. whether the
state were willing or NOT that could not rightly
u~ called a q" delivering al, bas waald be "a
taking away.
Il seems plain, therefore. that tie true con
-rUctIon ot this clause leaves ii a mere 4rtIc q.
vi compact between Tie state, couIerriug no
power whatever ou the General Government.
Ana ILLS coN>lr 4ctIua Is sustained vs. very
high authorities Ia the ease OF .I1-t,x Nm
tHt' winch arose under tae law OF %, and l. re-
ported ln The ! iga of Wendell. Chauceli. r Wal
worth delivered noble and just opinion against
The consti;uioaoIiy of the law. In that oplu-
ion he says:
have looked ia vain among tle powers delegated to
y tuition t'r amy general authori .y TO
nj sr 81 ~ ~ eILfs = grant II P.'7sr and i does
ufHr mi Flf FHs q B.