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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. 73.

2. FROM SERVICE. 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. 74.

§ 1. The several States are political neighbors to each other. By the first of the foregoing provisions, if the laws of a State have been outraged by the commission of a grave crime, and the criminal flees to a neighboring State, it is the right of the State whose laws have been violated to pursue the criminal, and bring him back for trial. No State has the right to become an asylum for criminals. This would afford a direct encouragement to hardened depravity.

§ 2. By an act of Congress, passed Feb. 12, 1793, provision was made for enforcing this clause of the Constitution. To secure the return of a fugitive from justice, according to that act, the following steps must be taken :

1st. The Executive of the State in which the crime is committed must make demand for the return of the criminal on the Executive of the State to which the criminal has fled.

2d. The demand must be accompanied with a copy of the indictment against the criminal; or,

3d. By an affidavit made before a magistrate, charging the person demanded with having committed the crime, and having fled from justice.

4th. The copy of the indictment, or the affidavit, must be certified by the governor or chief magistrate making the demand, tc

be authentic.

5th. When this is done, it is the duty of the Executive of the State to which the person has fled to cause the accused to be arrested and secured.

Ch. It is the duty of the Executive causing the arrest to give notice thereof to the Executive making the demand, or to his agent.

7th. Following these proceedings, the person charged with the crime is delivered over for trial to the State authorities from which he fled.

§ 3. The clause slaves exclusively.

relating to fugitives from service refers to An act was passed by Congress to enforce this provision of the Constitution, Feb. 12, 1793, and was amended Sept. 18, 1850; and both the act and amendment were repealed June 28, 1864. In 1865, an article of amendment to the Constitution was ratified by a sufficient number of States to render it a part of that instrument, for ever abolishing slavery in the United States and its territories. The clause which we are now considering is, therefore, no longer operative.

ART. IX.-RESERVATIONS.

1. The powers not delegated to the United States by the Con stitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 92.

2. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. 91.

§ 1. The first paragraph above is intended as a general rule of Interpretation, to be applied to the Constitution in cases of doubtful right, as between State and United-States authority. The powers of the National Government are limited, being conferred and enumerated by the people of the United States. The powers not enumerated are reserved to the States or the people. But this must be understood with some qualification. All the means of carrying into execution the powers of the National Government are not expressed in the Constitution, nor could they be. For instance, the power to provide for the general welfare is expressed; but no attempt is made in that instrument to define all the means that may be adopted to secure that object.

§ 2. Again: the power to regulate commerce with foreign nations, among the States, and with the Indian tribes, is expressed in the Constitution; but all means that may become necessary to make power effective are not enumerated, nor could they be by any possible human forecast. A power conferred always implies the

this

right to adopt the necessary means to make that power effective, though they are not specified.

§ 3. When this amendment was considered in Congress, there was an effort made to insert the word "expressly" before the word "delegated;" so that it would read, "the powers not expressly delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the 'people." But, after thorough discussion, this word "expressly

was stricken out.

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§ 4. The second paragraph of Art. IX., the learned commentator, Judge Story, says, "was manifestly introduced to prevent any perverse or ingenious misapplication of the well-known maxim, that an affirmative in particular cases implies a negative in all others; and, e converso, that a negation in particular cases implies an affirmation in all others.' In other words, it does not follow, nor is this construction to be tolerated, that, because certain rights are admitted as belonging to the people, all other rights are surrendered to the government. Such are retained as are not expressly or by necessary implication vested elsewhere or taken away.

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CHAPTER IX.

STATE SUBORDINATION.

ARTICLE I.-ORIGIN OF STATE OBLIGATIONS.

1. CONSTITUTION. - The ratification of the conventions of nine States was declared to be sufficient for the establishment of the Constitution between the States so ratify ing the same. 82.

AMENDMENTS. Whenever amendments to the Constitutior

-

are proposed in accordance with the terms of that in strument, they become valid, to all intents and purposes, as a part of it,

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1st. When ratified by the conventions of three-fourths of the several States; or,

2d. By the legislatures of three-fourths thereof. 78.

§ 1. The Constitution, as has been seen, was framed by a Convention of delegates from nearly all the States, which met in Phila delphia in May, 1787. When their labors were done, the proposed Constitution was submitted to Congress, with the recommendation that it should be submitted for ratification to State Conventions constituted of delegates chosen by the people of the several States.

§ 2. But it was presumed that there might be considerable hesication and delay on the part of some of the States in ratifying the Constitution. This had been the case with the Articles of Confederation. Hence this provision, that nine States (over two-thirds) accepting the Constitution should be sufficient for its establishment as between those States. Had a unanimous ratification by the States been required before the new government could go into operation, the delay might have been several years longer than it was; for States, like individuals, are influenced by example. But, finding that success was made sure at an early day, in less than three years after the adjournment of the Constitutional Convention, every State gave its adhesion to the new government.

§ 3. The origin of the obligations of the States to the General Government is founded in their assent to the Constitution of the United States. Before ratifying the Constitution, the States were at liberty to make their choice: they could come into the Union, or stay out. Should they refuse their assent to the terms of national association, they would each be an independent political division, having all the attributes and prerogatives of sovereign States. But, having accepted the terms of Union, they became subordinate to the national authority.

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§ 4. The same remarks apply, and with equal truth and force, to the amendments that have been or that may be made to the Constitution. But there is this difference with regard to the amendments, - that a State be bound by them without its express or contemporaneous assent, provided the terms of the original instru ment have been complied with in adopting them. It devolves on Congress, or on the State legislatures, to take the initiatory steps in making amendments to the Constitution of the United States, as we

right to adopt the necessary means to make that power effective, though they are not specified.

§ 3. When this amendment was considered in Congress, there was an effort made to insert the word " 'expressly" before the word "delegated;" so that it would read, "the powers not expressly delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the 'people." But, after thorough discussion, this word "expressly "

was stricken out.

§ 4. The second paragraph of Art. IX., the learned commentator, Judge Story, says, "was manifestly introduced to prevent any perverse or ingenious misapplication of the well-known maxim, that an affirmative in particular cases implies a negative in all others; and, e converso, that a negation in particular cases implies an affirmation in all others." In other words, it does not follow, nor is this construction to be tolerated, that, because certain rights are admitted as belonging to the people, all other rights are surrendered to the government. Such are retained as are not expressly or by necessary implication vested elsewhere or taken away.

CHAPTER IX.

STATE SUBORDINATION.

ARTICLE I.-ORIGIN OF STATE OBLIGATIONS.

1. CONSTITUTION. The ratification of the conventions of nine States was declared to be sufficient for the establishment of the Constitution between the States so ratify ing the same. 82.

AMENDMENTS. Whenever amendments to the Constitution

--

are proposed in accordance with the terms of that in strument, they become valid, to all intents and purposes, as a part of it,

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1st. When ratified by the conventions of three-fourths

of the several States; or,

2d. By the legislatures of three-fourths thereof. 78.

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