Year: 1860

During recent discussion in the
Senate, Judge Doolittle stated in the
following clear manner the real rcla
tion Of the constitution to the fug gitive
law. 1t is interesting to consider the
fact he alludcs to, that while the pro-
slavery power of the nation demands
for Congress a power to lcgislatc
where no such power can be found
conferred in the constitution, it just
as stubbornly denies that power where
it is expressly conferred.


Mr. Pugh of Ohio said:


But, sir, | have heard the Senator
talk about what former Presidents
and former Congresses have done.
He does not open the Constitution of
the United States, and show us this
power. He says it existed because it
has been exercised. Does he argue
that way about other subjects !? Does
he so back to 1898, to the act provi-
ding for the reclamation of fugitive
slaves, and to its recognition by every
department of this Government and
by all the States, and does he say that
it is a settled question Oh, no, that
is not settled ; it is unsettled and |
have heard the Senator himself get up
on this floor and say that he did not
understand the Constitution of the
United States to vest in Congress any
power to provide for the reclamation
of fugitives from service.


Mr.. Dooltilc-Thc difference be.
tween the honorable Senator and my.
self is simply this he can argue
words ont of the instrument or words
into the instrument at his pleasure ;
| cannot do it. The clause of the
Constitution in reference to fugitivcs
from service does not say that Con.
gress shall have the power to legis.
late on that subject at all it says no
such thing. 1t simply says that a
State shall not, by any act of its own,
discharge from service fugitive
who may be held to service under the
laws of another State and tell the
gentleman that as an original ques-
tion, coming up for discussion, any
good lawyer and strict construction,
ist of the Constitution will say as |
say, that tho oConstituton of the Uni
ted States does not, in that clause,
give to Congress any power To legis'
late at ALL But in relation to the 9th,
er clause of the Constitution to which
| have referred, it expressly says Con
gress shall have the power. That is
the difference In the one case where
the gentleman says it has the power
it does not say it, In the other case
where he denies the power and l insis,
that Congress has it. the Constitution
says it shall have the power. Now
let us see these clauses. have heard
of man being able to argue the seal
off bond in court of Justice


Mr.. Pugh.--I wish the Senator
would read his passage, for l am very
anxious to conclude my remarks.
am willing to hear it.


Mr.. Doolittlc.-Thc clause in rela
tion to fugitives escaping from service
is as follows:


"No person held to service or labor in on,
State, under the laws thereof, escaping into
another, shall In consequence of any law ol
regulation therein, be discharged from such ser
vice or labor, but shall be delivered up ON claim
of the party to whom such service or labol
may be due"


Now there is no power given t.
Congress to legislate on that subject
1t does inhibit the power Of a State
to legisIate in a certain way, and any
law or any proceeding on the part o
State which has the effect to dis
charge the fugitive from labor, is un
constitutional and void, by the Consti
tuition of the United States, and ever,