Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1859-06-09

fixcj compensation which may not be di-
minished during their continuance in of
flee.
The warrant Of such commissioner,
therefore is a nullity; it could afford no au
thority to hold John in custody; and to
rescue him from snch illegal custody could
not, by the law of the land, be q crime,
and therefore the imprisonment Of Langs
ton by way of ofpunishment of such pretend
ed crime. is an illegal restraint of his liber-
ty, and he too, ought therefore to be dis
charged.
III. These REALTORS ought to be dischar-
gcd, because they have been indicted and
convicted under an act of Congress upon q
subject matter in reference to which Con-
gress has, under the CONSTITUTION of the
the United States, no legislative power
whatever.
/ As to the correctness Of this proposition,
there does not rest on my mind the shad-
ow or glimmer of doubt.
! The Federal Government is ono of linn
tied powers, and all powers not expressly
granted to it. or necessary to carry into ef-
feet spch as are expressly granted to it by
the terms Of the Constitution. are reserved
to the States or the people. Amendments.
Art. 10.
No person held to service or labor in
one State, under the laws thereof, escaping
into another shall. in consequence of any
law or regulation therein, be discharged
from service or labor, but shall be deliver
cd upon claim of the party to whom their
service or labor may be due" Art. 4,
Sec. 9.
This is the only clause Of the Constitn-
ton from which any body pretends to di-
vine. or in which any body pretends to
find grant Of power to Congress to legis-
late on the subject Of tho rendition of fugi.
tives from labor. lean FIN in it no sncl
grant. The first part of it simply prohib-
it's State legislation hostile to the rendition
of fugitives from labor. Such fugitive
shall not lie discharged lin consequence oI
any law or regulation" of the State into
which he shall escape; but shall be deliv-
cred up" BY whom? by Congress?-
BY the Federal authorities? There are nc
snch soords; and no such idea is limited at
This is evident from an inspection Of the
preceding portion of this article.
i Art. 4, Sec l. Full faith ami credit
shall be given in each State to the public
acts, records and judicial proceedings o.
every other State. And the Congress mag
by general laus preserve tie manner 1,
mIih such IS. records and proceedings
shall be procei, and the efef Mereof"-
Here, in the first place. is compact be
tween the States respectively--an agree
ment of the several States to and with each
other and the public acts, records and in
dicial proceedings" Of each shall "havG
full faith AMI credit" given them in all
Had this section closed here, would an,
one claim that it embraced any grant of lc
gislativc power to Congress? Think not
! But tie trainers of the Constitution tho
that Congress ought to have the power at,
} prescribe the manner in which such acts
; records and proceedings should be proved
and the effect thereof" and hence the,
have the power in express terms. Wher
they intended a grant Of power to Congress
and not a mere contract stipulation by. o
injunction Of duty upon the States. Me'
soy 50. and leave MS no room for cavil OF
) the subject. But let us go on
Sec 2. The citizens Of each state shall
!. be entitled to all the privileges and immu
mites of citizens in the several St,tes.
! "a person charged in any State will
treas IN, Eel ,ny. or other crime, who shall
flee from Justice, and be found in another
State, on demand of the executive authori
. ty Of the State from which he fed, be de
l.vered up, to be removed to the State ha
! wing jurisdiction OF the crime"
} That these clauses Of seci two ar,
mere articles ofcompact between the States
) dependent on the good faith of the States
alone for their fulilment. suppose no on,
will dispute. They do not confer upor
Congress any power whatsoever to enforc,
J their observance. Ef.es v..l
Then follows the last clause Of section
two. in respect to fugrives from labor o
service, first quoted. And this, like al
other preceding clauses Of this article, ex
ccpt the first, is destitute of any grant o
$ power, or even allusion to Congress or th'
federal government. Now. if grant o.
power to Congress was here intended. VIII,
this silence? If the trainers Of the Consti
tuition intended a grant Of power to Con
: gress in this clause, why di,l they not say
so, as they did say in the first section. il
:, respect to public acts, records. and judi
cial proceedings"
. Ii seems to me that no rational answer
> can be given to this question. except by de
! nial Of snch intentions. Exprsssio unu
exclus;o alterius. isa legal maxim as oil.
as the common law The express mention
: of one thing implies the exclusion Of thing
, not mentioned. 1t is the dictate Of reason
and common sense. Ii Is a maxim whicl
applies alike in the Interpretation of con
J tracts. statutes, and constitutions. Its ap
: plication was never more obviously prop
, er than to the question before us; an'
{ when applied, it seems to me to bring with
r it force little short of mathematical dem
r onstration. ...,-s,. a. =.
Thus far. have reasoned as if we wer
! ignorant OF the history OF the constitution
{ But glance at that history confirms th
conclusion to which we are brought by tn
|, ordinary rules of Interpretation. aud make
assurance "doubly sure"
= The articles Of Confederation. unde
5 which the struggle for Independence wa
!, carried through. and for which the presen
II