The Duty of Disobedience to the Fugitive Slave Act - Anti-Slavery Tracts No. 9, An Appeal To The Legislators Of Massachusetts by Lydia Maria Francis Child
page 30 of 46 (65%)
page 30 of 46 (65%)
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word is to be construed in favor of liberty_."
The third compact is: "A person charged in any State with treason, felony, or other crime, who shall flee from justice, or be found in another State, shall, on demand of the Executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime." It has never been pretended that Congress has any power to act in such cases. There is no clause _delegating any power to the United States_; consequently, all proceedings on the subject have been left to the several States. The fourth compact is: "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." If the framers of the Constitution had meant that Congress should have power to pass a law for delivering up fugitives "held to service or labor," they would have inserted a clause _delegating such power_, as they did in the compact concerning "public acts and records." The Constitution does _not_ delegate any such power to the United States. Consequently, Congress had no constitutional right to pass the Fugitive Slave Bill, and the States are under no |
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