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
From the very language employed, it is obvious that this is merely a
_compact_ between the States, with a _prohibition_ on the States,
_conferring no power on the Nation_. In its natural signification it
is a compact. According to examples of other countries, and principles
of jurisprudence, it is a compact. Arrangements for extradition
of fugitives have been customarily compacts. Except under express
obligations of treaty, no nation is bound to surrender fugitives.
Especially has this been the case with fugitives for Freedom. In
mediæval Europe cities refused to recognize this obligation in favor
of persons even under the same National Government. In 1531, while the
Netherlands and Spain were united under Charles the Fifth, the Supreme
Council of Mechlin rejected an application from Spain for the surrender
of a fugitive slave. By express compact alone could this be secured.
But the provision of the Constitution was borrowed from the Ordinance
of the Northwestern Territory,[202] which is expressly declared to
be a compact; and this Ordinance, finally drawn by Nathan Dane, was
itself borrowed, in distinctive feature, from the early institutions
of Massachusetts, among which, as far back as 1643, was a compact of
like nature with other New England States.[203] Thus this provision
is a compact in language, in nature, in its whole history; as we
have already seen, it is a compact according to the intentions of our
fathers and the genius of our institutions.
[202] "ART. VI. There shall be neither slavery nor involuntary
servitude in the said Territory, otherwise than in the punishment
of crimes whereof the party shall have been duly convicted:
Provided always, that any person escaping into the same, from
whom labor or service is lawfully claimed in any one of the
original States, such fugitive may be lawfully reclaimed, and
conveyed to the person claiming his or her labor or service as
aforesaid."--_Ordinance for the Government of the Territory
Northwest of the River Ohio_, July 13, 1787: Journals of Congress,
Vol. XII. pp. 92, 93.
[203] "8.... It is also agreed, that if any servant run away from
his master into any of the confederate jurisdictions, that in such
case (upon certificate from one magistrate in the jurisdiction
out of which the said servant fled, or upon other due proof) the
said servant shall be either delivered to his master or any other
that pursues and brings such certificate and proof."--_Articles
of Confederation between the Plantations_, etc., May 29, 1643:
Hubbard's History of New England, p. 472.
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