1
1. Resolved, That we consider the refusal of the Executive of any State to deliver up, or cause
to be delivered up, upon the demand of the Executive of any other State, any person
who may be charged with the commission of a crime against the laws of the latter State
and shall have fled therefrom, not only as dangerous to the rights of the people of
the United States in general, by clearly and directly in violation of the plain letter
of the Constitution of the United States, which is in the following words, to wit:
“A person charged in any State with treason, felony, or other crime, who shall flee
from justice and be found in another State, shall, on demand of the Executive authority
of the State from which he fled, be delivered up to be removed to the State having
jurisdiction of the crime.”
2. Resolved, That each State, as a member of this confederacy, by the adoption of the Federal
Constitution, became a party thereto, no less for the better protection of their own
than the common rights and interests of all; and as such members of the confederacy,
a free State or its citizens ought not to interfere with the property of slaveholding
States; which property has been guarantied unto them by the Constitution of the United
States, and without which guaranty, this Union, perhaps, would never have been formed.
1On December 12, 1838, Governor Thomas Carlin sent the House of Representatives reports and resolutions in relation to the Governor of Maine refusing to surrender certain fugitives from justice on the request of the Governor
of Georgia. The House referred the correspondence to the Committee on the Judiciary. The Committee
on the Judiciary reported back the correspondence on January 5, 1839, with a report,
and Edwin B. Webb, on behalf of the committee, introduced the resolution in the House. The House postponed
consideration until January 14, but did not resume consideration on that day or for
the remainder of the session.
Journal of the House of Representatives of the Eleventh General Assembly of the State
of Illinois, at Their First Session, Begun and Held in the Town of Vandalia, December
3, 1838 (Vandalia, IL: William Walters, 1838), 62, 170-71.
Printed Transcription, 1 page(s), Journal of the House of Representatives of the Eleventh General Assembly of the State of Illinois at their First Session (Vandalia, IL: William Walters, 1838), 171