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That this statute intends by the Executive Department of Maine, inquiry into the guilt of the fugitive, and a determination of the
expediency of ordering his surrrouder whether he be innocent or guilty, although demanded comfortably to law, its terms as well as its history. may
well render probable. I this be just interpretation, well may Governor of Maine, call the right to demand a fugitive from justice, a
question.
But if this construction be incorrect, and the right to make the demand unimpaired by the statute, it will be perceived, that the warrant of
arrest must be executed by the agent of the State whose Chief Magistrate makes the demand, and that the Governer of Maine, may authorize the
arrest either forthwith, or at such times, as may be designated in the warrant. The difficulties which such agent at any time, experience, m
making an arrest, in a Foreign Jurisdicition, especially with a warrant designating a remote day for its execution, added to the chances of escape
which it holds out, would, in most cases, make it utterly impracticable. However incompatible with the Supreme Law, your committee may deem this Statute of Maine, illustrated as it is by the conduct of her Executive Department, they are constained to regard it, as indicating the
settled determination of that State, that no citizen of hers, shall ever answer in a Southern tribunal, for an offence against the right to certain
property, to which her POLICY AND PEOPLE, are most cordially hostile.
The facilities which the Federal Constitution afford to citizens of the United States, who are inimical to slavery, of abducting and inveigling
slaves from their owners, and the temptation to embrace those faciliteis which is suggested by such impunity, as the authorites of Maine have
provided for her citizens, presents a conjuncture; which the least timid, and the most prudent amongst us; may well deem fall of peril to the rights
of the South. When the safeguards of the Federal Constitiuion shall become ineffectual and illusory, then indeed, the period has arrived, when
they did introduce slaves amongst us against our remonstrance, they shall not remove them against our consent, and that whilst we tolerate no
impairment of our title to our property, in the Halls of the Federal Legislature, we will , also, pe(r)mit no State to convert itself into a city of refuge, for those who invade it as felons.
Your Committee recommend the adoption of the following Resolutions:
Resolved, That it is the duty, as well as the right, of any State, to insist on the faithful observance of the Federal Constitution, by each
State in the Union.
Resolved, That to define crimes and felonies within its jurisdiction, is an incident to the sovereignty of each State, and that no other State
can question the exercise of that right.
Resolved, That to demand the surrender and removal of fugitives from justice, is, by the Constitution, a right; and the arrest and surrender
a duty: that the denial or impairment of this right, is inconsistent with the constitutional obligations of a State, and subversive of the peace and
good government of the other States.
Resolved, That the right has been impaired, if not denied, by authorities of Maine, and that this State will never consent, that any State
shall become an asylum for those who are fugitives from the justice of other States.
Resolved, That this State will make common cause with any State of this Confederacy, in maintaining its just rights, under the guaranty of
the Constitution of the United States; and should the obligations of this instrument be disregarded by those whose duty it may be, to enforce them,
it will take counsel of its co-States of this Confederacy, having similar interests to protect and similar injuries to redress, in devising and adopting
such measures, as will maintain, at any hazard, these rights, and that property, which the obligations of the compact of Union-cancelled as they
then will be, as to us--have failed to enforce.
Resolved, That the Executive of this State, be requested to transmit to the Executive of several States, to be laid before their respective
Legislatures, to the President of the United States, and to our Senators and Representatives in Congress a copy of the above Report, and of these
Resolutions.
Resolved; That the House do agree to the Report. Ordered, that it be sent to the Senate for concurrence. By order
T. W, GLOVER Clerk House Representatives.
In Senate, December 20, 1839.
Resolved; That Senate do concur. Ordered, it be returned to the House of Representatives. By Order
William E. Martin Clerk Senate.
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