NON-COMPLIANCE WITH CONSTITUTION

In 1837 the Governor of Georgia made requisition upon the Governor of

Maine for the return to the former state of the captain of a ship

charged with aiding and abetting a slave to desert his master. The

Governor of Maine refused to comply with the requisition, alleging

that the laws of that state did not recognize slavery or the offense

complained of as an indictable one. Thereupon the Legislature of

Georgia petitioned Congress to enact some law to compel state

authorities to comply with this provision of the Federal Constitution.

No action, however, was taken by Congress, nor was the slave or his

abductor ever carried back to Georgia.[303]

In 1841 the Governor of Virginia made requisition upon the Governor of

New York for the return of two men indicted in the former state for

aiding and enticing slaves to leave their masters. William H. Seward

was at that time Governor of New York. He refused to honor the

requisition, alleging that the offense for which the parties were

indicted was not one deemed criminal by the laws of New York or the

nations of the world. A long and peace-destroying controversy in which

the Legislatures of the two states became involved followed; but the

fugitives were never returned, and the people of Virginia felt that

the highest law officer of a sister state had been recreant to his

obligations to the Federal Constitution and reckless of the rights of

their state.

In 1860, the Governor of Kentucky made requisition upon the Governor

of Ohio for the return to the former state of a fugitive from justice

indicted for the violation of a statute imposing penalties upon

persons aiding slaves to escape from their masters. The Governor of

Ohio refused to honor the requisition; thereupon the State of Kentucky

instituted a suit in the Supreme Court of the United States against

the Governor of Ohio, to compel him to comply with the provision of

the Federal Constitution above referred to and deliver up the fugitive

from justice.

The Governor of Ohio interposed as a defense the same reasons advanced

by Governor Seward. But the Supreme Court of the United States held

that the defense was insufficient, and that it was the constitutional

duty of the Governor of Ohio to deliver up the fugitive. The court

declared: "The objection made to the validity of the indictment is

altogether untenable."[304] The court also decided that the suit was

properly instituted, in the right forum, and that the Governor of Ohio

was under constitutional obligations to deliver up the fugitive to the

authorities of Kentucky, but that no judgment could be entered by the

court granting the relief prayed for. Chief Justice Taney, speaking

for the court, after alluding to the fact that the framers of the

constitution confidently believed that "A sense of justice and of

mutual interest would insure a faithful execution of the provision,"

declared: "If the Governor of Ohio refuses to discharge this duty

there is no power delegated to the General Government, either through

the judicial department or any other department, to use any coercive

means to compel him."[305]

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