The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-23

so as TO conform in every respect to The obligations of
this government to cause the surrender OF fuguve slaves
The bill OF the senator from Virginia Mr. MAsoS] pro-
vides the legal for enforcing the surrender and the
amendment of the senator from Maryland is just and
proper arrangement or the entire redress OF lhe parry ~
jured The duty being clear, should provide IN this
bill Tor that indemnify, the claim TO which VIII result
from the insuiciency of the should they fail to
| accomplish the end proposed.
Then what is the objection to this provision Ii man
provides himself with proof of ownership OF the fugi-
tye applies TO the proper oficer uses al the means
passing, and fails to accomplish that which the law Is
intended to give, and which bound to secure to
him, pray you, he s not entitled 70 redress TO
this stage, when will he be entitled Then, II he Is
entitled TO- redress. what redress will you give! II may
be possible that that which is proposed by my friend
from Maryland may be just what in all respects
pfoper know that he wants nothing but what is fail
and equitable; and If any gentleman will suggest
mode which will be free from objections, have no doubt
II will be accepted hut il to that the course
he has marked out in his amendment is one well cacua'
ted the favor of the Senate If is PRACTICAL is
iudcious Il is sufficiently well guarded What is II
Why first the claimant is required to show that he has
right that he has asserted his claim, and TO prove it,
has produced pr1 tace evidence before the officer upon
whom the duty of examination is devolved by the gov
ernment of the United States and, doing all this has
failed to obtain redress There is no objection TO that
If the proof is made out the government Of the United
States is bound to pay the money and 10 therefore gust
and proper that the United States should have tribunal
of their to investigate the and that IS secured
by the amendment There to be trial in the customary
fom by aury does not belong 10 the ordinary duties
OF Judge to find facts assess damages. The judge
presdes the trial guards against the introduction OF
improper incompetent testimony takes care that the
brought within the provisions OF the statute and
then the Jury upon such evidence he admits, and ac
cording to such rules as he Declares are to settle the
facts and determine the amount OF damages.
The senator from New Jersey obiecs that the suit is to
be brought against the district attorney Where is the
harm in that! This theony in the history of
government where such thing has been done. How
did dispose of claims to lands acquired by treaty,
which were in dispute between the United States and
Individuals We authorized BY law suits to be brought
| nitad %atas adictinn tn Tho
courts. But how the suit brought' how was the
complaint instituted Against the attorney representing the
United States The United States must be represented BY
some who so proper, in any particular case, TO be
that representative, as the attorney to whom we have
committed the general charge of the interests OF the
/ United States-whO holds this appointment from the
President with the concurrence of The Senate Certainly
he is the most unexceptonabe person. who in his dis
tric the law agent of the United States in all matters
civil and criminal Then, when we are providing Tor a
suit 10 be brought by the claimant pray you on whom
properly devolve the duty of representing
the United States than on him who represents the United
| States in every other within the district
have no doubt that you may arrange this amendment
as you please, and it will still be imperfect What work
OF man is oherwisel entertain strong conviction
that if the senator from New Jersey should occupy him
self Tor mouth upon this subject he would hnd at last
that his work was imperfect and not likely to secure. in
all respects the approval OF every member OF this body
Blu, this is the best which, in its general provisions it is
in power to present, and may be amended 10 It's de-
tails, If defects be pointed out II comes recommended
by the fact that ITS object the accomplishment OF thing
right itself that its provisions aim TO prevent lis being
abused for bad end and for this purpose resort
have in other cases been adopted for the protec
ton OF the United States, and which, though not in all
instances aiordlng perfect protection, have been found
in general sufficient safeguard against wrong.
Then, sir it is said the money is 10 be paid out OF the
treasury How else should il be paid Ii is TO be paid
BY that party who is bound TO discharge the duty, and
has failed discharge it he must redress out OF his
means the losses which have resulted TO individuals
from the failure on his part to discharge his own duty
am perfectly willing you should put into the bill a
provision giving the right OF action against individuals
hall 10 fha nt
fugitive, and that they may be prosecuted and hned
and the United States be ndemnIfed from them. But
with that between the United States and himself, the
claimant OF the slave has nothing TO do he asks the dis
charge OF the duty devoved upon this government which
it is bound to discharge, and, failing to do it, bound 10
make him indemnify II is just exactly what is done in
the prosecution OF any service for the United Saes sezes
the property OF individual that individual is to be in
demnhed out OF the property OF the United States Tor
whose benefit his taken, and this particular in
Jury sustained In the States where property seized
for the public use or if any injury or wrong be done by
the public to citizen, the government is bound TO make
IL good, and make II good out OF the State treasury
although true that he who receives the money contrib
ues his portion of H. and rightly and properly does he do
IT, SO that, so far have been able to consider this
amendment to that II is right in It's spirit that
the provisions which contains well considered, and
adapted 10 accomplish the end with sufficient certainty
OF Justice TO the claimant the hand, and suif-
cient safeguard 10 prevent the United States from being
unIusty charged on the other do hope the Senate will
adopt The amendment aud pass the bill II such bill passes
II will give the most confident 10 the people of
that portion of the country interested IN this subject,
that there a disposition all hands do what is right
toward them; that the United States will not suffer
tbem directly indirectly TO be wrongcd, of com.
pasance certain persons in other portions OF the
try who have scruples OF conscience how far their neigh
bors rghuy use this species OF property secured to
them by the constitution and laws OF the country. 1t
will show that the United States speaking only,
but acting IN earnest thus subject Ii will show
that the minds of actuated by real benecence
doing good, and merely wishngit The first part
of the law proposes plan for doing justice the second
proves the sincerity IN which the hrs Is proposed, by
providing payment in money where the slave himself
not be had. Wishing, SIT, nothing IL was long since
said by the Rev. Sidney Smith that benevolence is
mon TO mankind never sees in distress without
wishing to relieve him" But this bill will give assurance
1t will satisfy the public mnd that the government Is dis
posed ~ truly anxious, to accomplish the restitution of
fugitive slaves sincerely wishes and is resolved TO do
right to the nitermost OF It's power The proof OF this will
be complete, because furnish the best means Tor the
recovery OF the slave hmsef and u these fail we secure
/ prompt and adequate indemnity for the loss.
/ Mr.. BUTLER | do not iatend TO detain the Senate
more than lew moments; and should not now tres
pass upon their attention, IT not for the fact that
the honorable senator from North Carolina lNlr BADGER
has put forth propositions entirely IN conflict with the
opinions which have heretofore entertained, and with
the opinions which have been generally acquiesced IN by
most constitutional lawyers. This being the case, may
be permitted cursonly to notice of his remarks.
And, IN dong allow to say, that Cicero once OBJ
served that by adopting the remark o another he could
make IT immortal. Perhaps the remarks which threw
into the speech OF the honorable senator IRON North
Carolina u they were n,eposed, under mlstske) may
| be made IN such vehicle to go down TO history. |
therefore might be selfish enough 10 let them remain
where IN some measure, good fortune has placed them
give the reporters liberty place them in out of the
hera