Article 4, Section 2, Clause 2
[Volume 4, Page 518]
Records of the Federal Convention
[1:245; Madison, 15 June]
9. Resd. that a Citizen of one State committing an offence in another State of the Union, shall be deemed guilty of the same offence as if it had been committed by a Citizen of the State in which the Offence was committed.
[2:174; Committee of Detail]
Any person charged with Treason Felony or high Misdemeanor who shall flee from Justice & be found in any of the U States shall on demd of the executive power of the State from wh. he fled be delivd. up & removed to the State havg Jurisdn of the Offence.--
[2:187; Madison, 6 Aug.]
Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.
[2:443; Madison, 28 Aug.]
Art: XV. being taken up. the words "high misdemeanor," were struck out, and "other crime" inserted, in order to comprehend all proper cases: it being doubtful whether "high misdemeanor" had not a technical meaning too limited.
Mr. Butler and Mr Pinkney moved "to require fugitive slaves and servants to be delivered up like criminals."
Mr. Wilson. This would oblige the Executive of the State to do it, at the public expence.
Mr Sherman saw no more propriety in the public seizing and surrendering a slave or servant, than a horse.
Mr. Butler withdrew his proposition in order that some particular provision might be made apart from this article.
Art XV as amended was then agreed to nem: con:
[2:577, 601; Committee of Style]
Any person charged with treason, felony, or other crime in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive Power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.
. . . . .
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, and removed to the state having jurisdiction of the crime.
Farrand, Max, ed. The Records of the Federal Convention of 1787. Rev. ed. 4 vols. New Haven and London: Yale University Press, 1937.
© 1987 by The University of Chicago