FREE BOOKS

Author's List




PREV.   NEXT  
|<   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178  
179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   >>   >|  
e required and demanded by the express words of the Constitution. The Constitution declares 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 constitutional provision is equally obligatory upon the legislative, the executive, and judicial departments of the Government, and upon every citizen of the United States. Congress, however, must from necessity first act upon the subject by prescribing the proceedings necessary to ascertain that the person is a fugitive and the means to be used for his restoration to the claimant. This was done by an act passed during the first term of President Washington, which was amended by that enacted by the last Congress, and it now remains for the executive and judicial departments to take care that these laws be faithfully executed. This injunction of the Constitution is as peremptory and as binding as any other; it stands exactly on the same foundation as that clause which provides for the return of fugitives from justice, or that which declares that no bill of attainder or _ex post facto_ law shall be passed, or that which provides for an equality of taxation according to the census, or the clause declaring that all duties shall be uniform throughout the United States, or the important provision that the trial of all crimes shall be by jury. These several articles and clauses of the Constitution, all resting on the same authority, must stand or fall together. Some objections have been urged against the details of the act for the return of fugitives from labor, but it is worthy of remark that the main opposition is aimed against the Constitution itself, and proceeds from persons and classes of persons many of whom declare their wish to see that Constitution overturned. They avow their hostility to any law which shall give full and practical effect to this requirement of the Constitution. Fortunately, the number of these persons is comparatively small, and is believed to be daily diminishing; but the issue which they present is one which involves the supremacy and even the existence of the Constitution. Cases have heretofore arisen in which individuals have denied the binding authority of acts of Congress, and even States h
PREV.   NEXT  
|<   154   155   156   157   158   159   160   161   162   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178  
179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   >>   >|  



Top keywords:

Constitution

 
States
 

persons

 
Congress
 
service
 

authority

 

person

 

provision

 
fugitives
 
judicial

declares
 

United

 

departments

 

executive

 

return

 

binding

 

clause

 

passed

 
duties
 
objections

census

 

details

 

declaring

 

worthy

 

crimes

 

articles

 
clauses
 
resting
 

important

 
uniform

diminishing

 
present
 

believed

 
number
 
comparatively
 

involves

 
supremacy
 

denied

 

individuals

 
arisen

existence

 

heretofore

 

Fortunately

 

requirement

 

classes

 

declare

 
proceeds
 

opposition

 

overturned

 

practical