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Southern Historical Society Papers, Volume 16. (ed. Reverend J. William Jones), chapter 1.35 (search)
r the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor is due. Of this clause Judge Story, in delivering the opinion of the Supreme Court in Prigg v. Pennsylvania, said: It cannot be doubted that it constituted a fundamental article, without the adoption of which the Union could not have been formed. 16 Peters. It must, therefore,popular fiat. A judgment thus rendered, a demand for separation so backed, would either be acquiesced in without the effusion of blood, or those who rushed upon the carnage to defy and defeat it would place themselves clearly in the wrong. Judge Story, in his commentaries on the Constitution, says: The obvious deductions which may be, and indeed have been drawn from considering the Constitution as a compact between the States, are that it operates as a mere treaty or convention between them