The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.Young, Andrew W. (Andrew White)
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The government class book: Designed for the instruction of youth in the principles of constitutional government and the rights and duties of citizens.
Young, Andrew W. (Andrew White)
United States -- Politics and government -- Handbooks, manuals, etc.
§3. The next section of this article provides, that "the citizens of
each state shall be entitled to all the immunities and privileges of
citizens in the several states." This means that the citizens of any
state going into other states, shall not, by the laws of those states,
be deprived of any of the privileges of citizens; but shall be entitled
to the privileges which are enjoyed by persons of the same description
in the states to which they remove. Without such a provision, any state
might deny to citizens coming into it from other states, the right to
buy and hold real estate, or to become voters, or to enjoy equal
privileges in trade or business. A state may, however, prescribe a
certain term of residence therein as a qualification for voting at
elections.
§4. The next clause of this section provides for apprehending "a person
charged with crime, who shall flee from justice and be found in another
state." The governor of the state from which such person has fled, sends
a requisition to the governor of the state in which he is found,
demanding his delivery to the proper officers, to be conveyed back for
trial. Without such authority to apprehend criminals, they might escape
justice by taking shelter in another state.
§5. In the same section it is provided, that "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." This clause was
intended for the benefit of the slaveholding states. By the common law,
a slave escaping into a non-slaveholding state became free. As it was
presumed that other northern states would follow Massachusetts in
abolishing slavery, the southern states wanted some provision to enable
them to reclaim their fugitive slaves.
§6. The manner in which slaves are to be reclaimed, is prescribed by an
act of congress. The owner of a runaway slave, finding him in a free
state, arrests him and brings him before a magistrate; and if he proves
his title to the slave to the satisfaction of the magistrate, the slave
is delivered to the owner or claimant. Free colored persons have
sometimes been arrested, and, on false testimony, delivered to
claimants, taken to slave states and held as slaves. Hence the opinion
prevails extensively that a person claimed as a slave should be entitled
to trial by a jury; and that the fact of his being a slave should be
proved to the satisfaction of a jury before his delivery to a claimant.
Many persons, believing freedom to be the natural right of all men, hold
that all laws for returning fugitive slaves are wrong, and ought not to
be obeyed.
Public-domain text, read in full here on John Shaqi.
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