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

escaping into another State and becoming tberefora
within the jurisdiction of that State shall delivered
up, II seems TO me that IMPORT PASSAGE is
that the State itself in obedience to the constitution
shall cause him to be delivered up That NV iudg-
ment have always entertained that opinion and en-
terrain IL p6n.'
L need not inform this court that the man
who spoke those words, won amid all his able
contemporaries, the title of the great expounder
OF the constitution" He won that title net on
only by the power and clearness of his EXPOSE
ions, but because he favored the liberal, rather
than the strict construction of the instrument.
Another fact which is well understood and |
believe IS admitted by the friends of the great
man Is, that III making that 7th OF March speech
his object WAS, not only to fulfill what he be-
heFed 10 be his duty 10 his country, but also,
to use his own words, to do his whole ouiy 10
his southet BRETHREN III order To secure their
support as nominee for the Presidency. Yet
notwll hstaRding such his object Justice to
himself and his Worldwide reputation as a con-
stItutlonal lawyer required him IL admit that
this clause addresses Itself entirely to the State
and conters no power whatever on the General
Government Sit. the opinion of Daniel Web
ster given under such circumstances, weighs
With mountain weight III the scales that are
u decide this question and there Is not enough
force III all the Judicial opinions that have been
gwen on the opposite side, TO start it alone from
the counter.
But the truth Of this construction is made APP
parent not only by the arguments of it, friends
tat by the admissions of its enemies In the
elise of Jack ". Martin IN the 18th OF Wendell
% which have already referred senator Bishop
;ls a member OF the y CIV York Court of Errors
delivered an opinion in favor of The constitution
alIty OF tAe Iaw OF %. 1t was the only opinion
delivered. except tina, fine Chancellor already
mentioned In tha, opinion lac starts of. into
an investigation Of the objects of this clause
y 'th the following extraordinary statement
II says:
the absence Of am precise au,torify IN fEe roai
tR'0R % regard 10 the ren0rai Of fice Siaoes
comes hpor I" inquire as Co the motives oi the
ing states, and the considerations which we're likely to
operate most powerfully upon them"
have occasion to call the attention Of the
Count more particularly 10 The last part OF this
statement hereafter, huJ that which I wish it
now To notice, is, that Senator Bishop admits
that there Is an absence N the constitution OF
that authority with which he seeks To clothe
the General Government And IN order 10 find
any support for that authority, he is compelled
10 90 out 0f the Instrument
AIF. Meredith, Who argued the Prigg case be
f1re Tie supreme Court, III favor Of the power
ct Congress, Ia commenting Ola this clause, used
The following language;
Here, then, To lie dome claim is 10
Zee ulaae bus The NODE in which is made. the
Again delivery IS required but Prom WHOM. and in
what manner ne constitution doss nor prescribe
VOW, IN order for Congress to legislate upon
this subject. the constitution must prescr he y
that the delivery Is to take place from the Gen
ercl Government. Since, therefore il prescrIbes
no -"ch thing. a, admitted br Mr. Meredith il
follows that The delivery Is 10 be from the State:
because by the very instrument itself if the
power j not delegated to the General Govern
meat. IT Il q" reserved to the State respectiyelv,
or 10 the people"
Ia the same case. Chief Justice Tancv deIiv-
cred a separate opinion. He concurred with {,
majority OF the court, that Congress had the
right 10 legIslate upon this matter, but claimed
that the States had a concurrent right In
maintaining the latter opinion he speaks rs fol-
lows concerning this clause:
" The language used in the constitution does not in
my Judgment justify the construction given il bv the
court Il contains words prohibiting the several
states from passing laws to enforce this right Tiev are
IN express terms forbidden make regulation that
sinai! impair It But there prohibition stops And ac-
cordng 10 the settled rules of construction for all writ
ten Instruments the prohibition being confined TO laws
injurious 10 the right the Piser pass Eaes 10 suDporf