Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/684

criminals; and the United States have sometimes been a party to such an arrangement.^[1]

§ 1803. But, however the point may be, as to foreign nations, it cannot be questioned, that it is of vital importance to the public administration of criminal justice, and the security of the respective states, that criminals, who have committed crimes therein, should not find an asylum in other states; but should be surrendered up for trial and punishment. It is a powder most salutary in its general operation, by discouraging crimes, and cutting off the chances of escape from punishment. It will promote harmony and good feelings among the states; and it will increase the general sense of the blessings of the national government. It will, moreover, give strength to a great moral duty, which neighbouring states especially owe to each other, by elevating the policy of the mutual suppression of crimes into a legal obligation. Hitherto it has proved as useful in practice, as it is unexceptionable in its character.^[2]

§ 1804. The next clause 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 labour; but shall be delivered up on the claim of the party, to whom such service or labour may be due.^[3]

§ 1805. This clause was introduced into the constitution solely for the benefit of the slave-holding states,

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1. See Treaty with Great Britain of 1794, art. 27; United States v. Nash, Bees. Adm. R. 266.
2. See 1 Kent's Comm. Lect. 2, p. 36, (2 edit. p. 36.) See Journ. of Convention, 222, 304.
3. This clause in its substance was unanimously adopted by the Con- vention. Journ. of Convention, 307.