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To: mac_truck
... there is plenty of room for interpretation of what it means to 'deliver up', what a 'claim of the party' is and how it is determined whether 'service or labour' is in fact due. However, let's be clear that the North had no obligation to be proactive about rounding up escaped slaves, or enforcement of any other discriminatory practice the South was engaged in whatsoever. In fact, it would seem to me that States would have wide latitude in how they met their constitutional obligations in this regard, and incumbent on the citizens of other States to pay attention to and obey State laws in that regard.

You mean like these state laws?

Sec. 10. Any person who shall grant any certificate under or by virtue of the acts of congress, mentioned in the preceding section [the Fugitive Slave Act], shall be deemed to have resigned any commission from the Commonwealth which he may possess, his office shall be deemed vacant, and he shall be forever thereafter ineligible to any office of trust, honor or emolument under the laws of this Commonwealth.

Sec. 11. Any person who shall act as counsel or attorney for any claimant of any alleged fugitive from service or labor, under or by virtue of the acts of congress mentioned in the ninth section of this act, shall be deemed to have resigned any commission from the Commonwealth that he may possess, and he shall be thereafter incapacitated from appearing as counsel or attorney in the courts of this Commonwealth...

Sec. 14. Any person holding any judicial office under the constitution or laws of this Commonwealth, who shall continue, for ten days after the passage of this act, to hold the office of United States commissioner, or any office...which qualifies him to issue any warrant or other process...under the [Fugitive Slave Act] shall be deemed to have violated good behavior, to have given reason for the loss of public confidence, and furnished sufficient ground either for impeachment or for removal by address.

Sec. 15. Any sheriff, deputy sheriff, jailer, coroner, constable, or other officer of this Commonwealth, or the police of any city or town, or any district, county, city or town officer, or any officer or other member of the volunteer militia of this Commonwealth, who shall hereafter arrest...any person for the reason that he is claimed or adjudged to be a fugitive from service or labor, shall be punished by fine...and by imprisonment...

357 posted on 12/14/2005 8:18:31 PM PST by rustbucket
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To: rustbucket

No.. [chuckle] those State laws were specifically written to counteract Congress and Fugitive Slave Act of 1850, not the US Constitution per se.


358 posted on 12/15/2005 6:27:21 PM PST by mac_truck (Aide toi et dieu l’aidera)
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