Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Whatever the real meaning of the clause in other respects, plainly
it is a _compact_, with a _prohibition_ on the States, _conferring
no power on the nation_. In natural signification it is a compact.
According to examples of other countries and principles of
jurisprudence, it is a compact. All arrangements for surrender of
fugitives are 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. Bodin asserted
the freedom of all foreign slaves just so soon as they crossed into
France.[349] In mediæval Europe cities set up the same immunity, even
against claimants 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, which is expressly declared
to be a “compact,”[350] and this Ordinance, finally drawn by Nathan
Dane, of Massachusetts, was again borrowed, in some of its distinctive
features, from the early institutions of Massachusetts, among which, as
far back as 1643, was a compact of like nature with other New England
States. Thus this provision is a compact in language, a compact in
nature, and a compact 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.
There are two instances in history of compacts which illustrate the
present words. The first is found in a treaty of peace between Leo the
Sixth, Greek Emperor of Constantinople, and Oleg, Regent of Russia, in
the year of the Christian era 906, as follows:--
“If a Russian slave take flight, or even if he is carried away
under pretence of having been bought, his master can pursue him
and take him wherever he shall find him, and any man who shall
oppose him in his search _shall be deemed guilty_.”[351]
This compact, made in the unequivocal language of a barbarous age, has
long since ceased to exist; and now, in our own day, Russia disdains to
own a slave.
The other instance is the compact between the New England colonies
in 1643, being one of the “Articles of Confederation between the
Plantations under the Government of the Massachusetts, the Plantations
under the Government of New Plymouth, the Plantations under the
Government of Connecticut and the Government of New Haven, with the
Plantations in combination therewith.” Here it is:--
Public-domain text, read in full here on John Shaqi.
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