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
“_It is also agreed_, That, if any servant run away from his
master into any other of these confederated jurisdictions, that
in such case, upon the certificate of one magistrate in the
jurisdiction out of which the said servant fled, or upon other
due proof, the said servant _shall be delivered_ either to his
master or any other that pursues and brings such certificate or
proof.”[352]
Here, by words of _agreement_, less frank and unequivocal than those of
the earlier time, fugitives are restored. But this compact, like its
Russian prototype, long since ceased to exist.
Unquestionably the fugitive clause of the Constitution, whether
applicable to fugitive slaves or not, was never intended to confer
power upon Congress, but was simply a _compact_, to receive such
interpretation as the States where it was enforced might choose to
adopt.
AUTHORITIES AGAINST THE POWER OF CONGRESS.
The Committee do not leave this conclusion to rest merely on
unanswerable reason. Authorities add to the testimony.
Here is the judgment of Chancellor Walworth, of New York, pronounced in
1835, before this subject had become the occasion of political strife.
The testimony of the learned Chancellor is the more important, when it
is considered that he has always acted politically with the Democracy,
which has been the support of Slavery.
“I have looked in vain among the powers delegated to Congress
by the Constitution for any general authority to that body to
legislate on this subject. It certainly is not contained in any
express grant of power, and it does not appear to be embraced
in the general grant of incidental powers contained in the last
clause of the Constitution relative to the powers of Congress.
The law of the United States respecting fugitives from justice
and fugitive slaves is not a law to carry into effect any of
the powers expressly granted to Congress, ‘or any other power
vested by the Constitution in the Government of the United
States, or any department or officer thereof.’”[353]
Here, also, is the judgment of Chief Justice Hornblower, of New Jersey,
pronounced in 1836. Having shown that the clause in question confers no
power on Congress, he proceeds as follows.
Public-domain text, read in full here on John Shaqi.
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