Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1864-03-19

But our States are not wholly indepon.
dent Of each other. They are associated
together in constitutional union, aad
have joint representative or agant in tho
government of tho Ubitod States, And
the instrument by which that association
is created, and that government establish.
cd, cannot be resoinded or changed, except
by the formal action of the political bod
les which formed it, acting 10 the manner
prescribed in the instrument itself In
fact, 80 intimate is the association, that it
loses the character of an alliance or leag.
ue of Independent States dependent upon
the free assent Of the parties for its con.
tinuance) es to all subjects. whether of
power or duty, embraced in the agreement
Of union. The several States, and the
people of each, are bound by the action of
the common government upon all subjects
committed to its Jurisdiction.
And os to the sIipulatioEs above men,
toned, which relate to the return of fugi-
tives from one State to another, it must be
manifest that the relation OF the States
would be ditfereptif they werewholy indep-
eudent of each other. Doubtless the duty
of ezecgting the stipulation would be the
sane, out its obligation would be imper.
feet. or a! least, its sanction would be dif-
fersnt.
If there be 10 jurisdicscn in the govern.
| mon Of the United States over this sub.
! ject OF tue return OF lugitives, it is mani
fest that thero is no sanction or power
| whatsoever for the enforcement OF the
/ riphf ,I' pnpl lo, Joc,
| State against State whica declines 10
execute, or opposes tie execution of the
Constitution, and we would arrive at the
1 absured or improbable conclusion that q
solemn right and duty we're created with
out any possible remedy for their yiolation
for 1t is manifest that q State aggrioved
could no. resort to any meaos Of redress
known TO public law. BY the tenth Sec
ton Of the irsi article il j., declared that
"No State shaI! enter into any treaty, a.
lance, or confederation, or grant letters
marque aud repyisal, nor, without the
consent OF Congress- keep troops or ships.
oi-~ar in time Of peace, or enter into any
agreement OF compact with another State,
or foreign power, unless actually nyad.
ed, or in such imminent danger - viii not
admit Of delay"
In case, therefore, Of obstruction or
denial of the rights OF IL State under tie
Constitution to have its fugitiyes returned,
it could Use n force or the yindication OF
the wight against State in default, nor
could 1t even enter into any negotiation or
form any agreement With such States in
regard to the subject. he consequence
would be, that the State upon which the
wrong is inflicted would be in verse COZ
diton as TO the visdcation cf q right a.
gainst another State. founded upon CON-
pact OF reclamation, than it would be in
if it were az independent Stale, and had
never entered into the compact of union.
For by that compact it ha5 surrendered all
right and power to redress its oWn injury.
1t follows that q construction of the
Constitution which would deny to tho fed
eral government all jurisdiction and
power over this subject OF the reclamation
of fuGitiYes mGst be unreasonable and false.
For we cannot suppose that those who
formed the Constitution intended to de,
clsre a righ. which saould DO incapable OF
: enforcement, or to place Ii State as to its
rights, or the rights OF its citizens, in a
, worse position than that in which it would
stand az an independent power. The
ConstitutiOn was q remedial instrument ae
well as one of order and union, and it
must be construed as creating tie power 5
| necessary to the Enforcement and vindica-
| tioa of rights declared by it, It is claim.
ed for the system Of English law, that it
announces no legal right without provid.
} ing an adequate rcmed J, and it would be
ell odious lmputaton upon our ancestors
: to assert that they did not make full prov
| islon for like perfection in our laws, in
creating the Constitution and government
: Of the United Slatcs
, This subject CT the return OF fugitives
, became highly important in forming an
intimate union ofthe States, which involv.
l ed the surrender Of many powers CT ipde.
pendent acticn by-them, and gave to Grim.
l inals, slaves, bound servants and appreu.
, tices, increased facilities for abscouding
from one State to another. And it wa!
adjusted in the clauses already cited, by
an emphatic declaration Of the right o.
reclamation, in the case of criminals upon
: demand OF the executive Of the State from
: which they Lave fed, and in case of "per
, sous held to service and labor" upor
G claim of "tho party to whom such servict
or labor may be due" And as to tue
a latter class Of lrgitives there is an expires
= provision that they shall not be Iischarg
f ed from service or labor in consequouc,
of any law or regulation Of the State iRtc
! which they shall escape. The right o
} the claimant under the laws OF his owl
State, to the service and labor of the fugi
. live, is to stand intact and unaffected a
all times, in the new jurisdiction to which
5 the fugitive has escaped. And, 'he shall
! be delivered up" To whom is this in
r junction directed ! II is general, it doe
D not specify any authority or persoa b,
y whom the delivery shall be made anc
e being thus general and unqualified, 1t ma!
Q be held to include any person or Official il
t whose hands, or uuder whose sontrol, th
. fugtiye man he And he il IN ba delivar