The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-25

sovereign State then as much as Mexico is a sovereign
government now so were all these States Wei, the
constitution Is simple treaty OF agreement on the part
OF those States oglye up part Of their respective
egn rights Tor the purpose OF forming general govern
ment Ihal was the compact between those sovereign
States forming the government of the United States
thereby making compact between that government and
each oil the States separately in reference all the obi
gallons which We're imposed upon them by the constu-
non or treaty You can, therefore, make distinc-
uon between an obligation assumed at the formation OF
me constitution OF the United States towards the State
maryland, ana the obligation assumed by the United
States IN the treaty with Mexico Maryland was then
as sovereign as Mexico is She would not have
entered into this treaty with the general government It
as possible but Tor this obligation assumed by the gov
eminent My honorable friend from Mississippi Mr..
DAvisl the other day, and my honorable friend iIom
South Carolina Mr. BuTLERl yesterday, expressed but
little interest in the fate of this bill introduced by the
senator from Virginia, because they believed that, #
adopted IT would be Intellectual. The senator from
Massachusetts,, MIR. WikTHaoP,1 and indeed all who
have spoken on that side, admit that they believe that
the bill will be Intellectual Here. then, is the case pre-.
scented to the Senate and the country Now, would
say to my worthy friends, that they have no night TO
speak for Maryland. and Kentucky and Virginia on
this subject because they not interested IN this mat
ter In all matters in which their people particularly
interested IN reference 10 the slavery question, should
| feel II my duty 10 stand by them,
/ This is The first time question in which the people
OF Maryland peculiarly interested has been presented
TO the Senate and now claim that they who are less
Interested IN this matter shall stand by us The con-
siuents OF the senators from South Carolina, Misss.
spp, and Georgia seldom lose their servants, and
are not, consequently, interested in the amendment.
Now, ask the senator from New Jersey to suppose
for moment that his State stood in the attitude in
| which my State does, in which Kentucky does.
Not less than eighty thousand dollars worth OF this
description OF property is annually lost by the citizens
of my State in consequence OF the non. compliance
| by the government of the United States with this
solemn Obligation entered into by them at the time
we became party to this government Now, sup
pose New Jersey stood N mat positions suppose tna'
and that when they went to sister State for the purpose
Of recovering it. under laws established by the general
government, whose exclusive duty the Supreme Court
had decided il TO deliver up this property, their c
zens murdered, and their property carried off
ask the senator from New Jersey, would not his citizens
be just excited nine are do believe that al the
period at which occupied the executive chair OF Mary
land if prudent OF Cancellation had not been ad
vsed and an opposite course had been pursued, col
son between the people of Maryland and the people OF
the sister State of Pennsy lvania could not have been
avoided. Here OF our most respectable citizens,
man who stood as high as any on this floor, numer-
ousy connected both in Virginia and Maryland, who
went to sister State, and. under the laws OF the United
States arrested and took possession of his servant mob
collected wrested the servant from him, and took the
life of that estmabe and respected individual And this,
independent OF all the other which enumerated
yesterday will show the senator the difficulty which we
have to induce our citizens TO orego the vengeance which
such wrongs would naturally excite Now, say that
the people of New Jersey would be less apt than the
people OF Maryland to respect government whose laws
did not afford them the protection which the constitution
of that government expressly entitled them to- 10 argu-
ing this same proposition yesterday my friend from
South Carolina, having mind which is incapable OF
OF his voting for this amendment yet apprehend that
he himself did state principle which will compel him to
vote Tor II What his proposition, and why cannot ne
vote for this amendment II is because he does not rec
ognlse the principle decided in the OF Pennsylvania
Prgg. 1t is because he is not willing to assent here
to the doctrine that the States not bound 10 conform
to this reQusiuon OF the constitution by delivering the
| fugves. That is his propositions and what is It's re-
verse; OF if the Supreme Court is right if there
is obligation imposed the States II II is imposed,
CONTEND expressly and solely upon the general gov
enment the senator would come to an opposite conclu-
sion to that 10 which, because OF the act that he does not
in this opinion reference to the exclusion oil
this obligation the part OF the separate States, he
comes The senator has constitutional objection 10
the amendment but his ground Is tina, he does not con-
cede that the States MOI obliged TO discharge that duty
and therefore he thinks that ii the States and not the
federal government which should be made TO pay these
damages But ask my friend for one moment 10 see IN
what position he leaves Here the Supreme Court
says that the States not bound TO discharge this duty
that they prevented from aiding IN It's discharge
that is the queson-for the privilege OF aiding in the
discharge OF duty does not impose any obgaon-bui
they decide that the States not actually bound TO dis
charge the obligation for the performance OF which the
payment of damages proposed TO be required Now this
the decision OF the Supreme Court; and although my
friend may not concur IN that OPINION except expressed
in the opinion of Justice fancy and Others IN which he
does concur and although he may say that the citizens
of the States good czens bound to do and
in aid OF the law OF the United States yet that imposes
obligations the States as Sotes or upon the citi-
Gems citizens other than the general obligation 10 per-
form all duties good citizens. What position
in then His position is that the States LIABLE and
that he cannot impose the general government obga
tons under which he believes though the Supreme Cour
have decided TO the contrary the States are liable Now
have shown you that we cannot make the States liable
and that the only hope we can have OF our property be-
ing protected by making liable the general government
the party who originally undertook The Obligation and
the party who agreed al the time these States entered into
the Union TO do this particular tling.
Let me ask my southern triends-those whose consiu
ens not subjected TO the losses which mine those
who have heretofore argued this question, and who ad
NIT that unconstitutional act is involved IN the passage
Of this amendmenl-what objection they have 10 ~
passage They admit that toe residue OF the law with
out this amendment would be Intellectual Senator'S on
the other side OF the chamber say would be inefectua
and the experience OF Maryland and Virginia shows that
ii would be Intellectual Any law you can pass cannoi
impose srngenty than the act OF 1893 the oblga-
ton upon the free States 10 deliver up the fugitive In.
deed previous 10 the abolition agitation, hundreds oil
have occurred where the owners OF slaves escaping
from Virginia and Maryland have had them delivered Ia
them but since abolition has become active element
IN the political contests OF the day. do not know sin.
gle in which the fugitive has been surrendered to his
master Now, ask my friends from the other section o
the Union. what objection you have 10 the adoption
OF this amendment You say that YOU want an eectua
law; know you do, for am sure that every senator
here desires this constitutional provision TO be carried
out You admit that any law which has for its object
simply the delivery up OF the fugitive will be Intellectual
and stl refuse your support to this amendment which
will be efficient ask my northern friends 10 reconcile
this Inconsistency, and o.say whether they willing q
put their votes recod here against proposition by
which these slave owners who from the organization oil
our government down 10 the present me or at any rate
since the period that abolition has entered as political ele
men into the agitation OF the country, have been unpro
eeed by any law oil the United States, shall receive thu
small chance o. indemnify ask II they willing Il
do this, they themselves admitting that the law PROPOSED