Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The compact regarding public records, together with these various
propositions, was referred to a committee, on which were Mr. Randolph
and Mr. Wilson, with John Rutledge, of South Carolina, as chairman.
After several days, they reported the compact, with a _power_ in
Congress to prescribe by general laws the manner in which such records
shall be proved. A discussion ensued, in which Mr. Randolph complained
that the "definition of the powers of the Government was so loose as to
give it opportunities of usurping all the State powers. _He was for not
going further than the Report, which enables the Legislature to provide
for the effect of judgments._"[168] The clause of compact with the
power attached was then adopted, and is now part of the Constitution.
In presence of this solicitude for the preservation of "State powers,"
even while considering a proposition for an express power, and also
of the distinct statement of Mr. Randolph, that he "was for not going
further than the Report," it is evident that the idea could not then
have occurred, that a power was coupled with the naked clause of
compact on fugitives from service.
[168] Madison's Debates, Sept. 3, 1787.
At a later day the various clauses and articles severally adopted from
time to time in Convention were referred to a committee of revision
and arrangement, that they might be reduced to form as a connected
whole. _Here another change was made._ The clause relating to public
records, with the power attached, was taken from its original place
at the bottom of the clauses of compact, and promoted to stand first
in the article, as a distinct section, while the other clauses of
compact concerning citizens, fugitives from justice, and fugitives
from service, each and all without any power attached, by a natural
association compose but a single section, thus:--
"ARTICLE IV.
"SECTION 1. Full faith and credit shall be given in each State to
the public acts, records, and judicial proceedings of every other
State. _And the Congress may by general laws prescribe the manner
in which such acts, records, and proceedings shall be proved, and
the effect thereof._
"_Section 2._ The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.
"A person charged in any State with treason, felony, or other
crime, who shall flee from justice, and be found in another State,
shall, on demand of the Executive authority of the State from
which he fled, be delivered up, to be removed to the State having
jurisdiction of the crime.
"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 such service or labor, but
shall be delivered up on claim of the party to whom such service or
labor may be due.
Public-domain text, read in full here on John Shaqi.
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