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Joint Resolution responsive to certain Resolutions of South Carolina, in relation to the Georgia and Maine Controversy. 1840 199 (1840)

handle is hein.slavery/ssactsal0260 and id is 1 raw text is: 199 JOINT RESOLUTION, Responsive to certain Resolutions of South Carolina, in relation to the Geor- gia and Maine Controversy. The committee on federal relations, to whom was referred certain joint resolutions of the Legislature of South Carolina, in relation to the Georgia and Maine controversy, have had the same under consideration, and beg leave to report, that after a careful examination of the facts and circumstan- ces set forth in the preamble to said joint resolutions, connected with the felonious, stealing and carrying away the slave, Atticus, by Daniel Philbrook and Edward Kilbron, fsom the State of Georgia, and transporting him to the. State of Maine; and the refusal of the Executive of the State of Maine to surrender said Philbrook and Kilbron, as fugitives from justice, upon demand made by the Governor of Georgia, pursuant to the provisions of the Federal Constitution, they have come to the conclusion that the demand made was legal and proper,-that the right was clear under the constitution, and the refusal to surrender was inconsistent with the constitutional obligations of 4 State. They therefore concur in the following resolutions of said State, e.nd recommend their adoption by the General Assembly of this State: 1. Resolved, That it is the duty, as well aA the right, of any State, to insist on the faithful observance of the Federal Constitution, by each State in the Union. 2. 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 ques- tion the exercise of that right. 3. 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; the denial or impairement of this right, i4 inconsistent with the constitutional obligations of a State, and subversive of the peace and good government of the other States. 4. Resolved, That the right has been impaired, if not denied, by the author- ities 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. 5. Resolved, That this State will make common cause with any State of this confederacy, in maintaining its just rights under the guarranty of the Constitution of the United States; and should the obligations of this instru- ment be disregarded by those whose duty it may be to enforce them, it will take council of its co-States, of this confederacy, having similar interests to protect and similar injuries to redress, in devising and adopting such meas- ures as will maintainat every 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. 6. Resolved, That the Executive of this State, be requested to transmit to the Executives of the several States, to be laid before their respective Legis- latures, to the President of the United States, and to our Senators and Rep- resentatives in Congress, a copy of the above report, and of these resolu- tions.

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