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


shall be adequate in its terms accomplish she object
lhsIeatter belongs the Judiciary 10 interpret the law
and TO The Executive TO thai il is executed But ht
RlepS.oa here rsqaires Congress % 80 tarlhel I
pIosston 81 ne constitution shall be carried into effect
and lls law executed according TO It's terms, may be
which provided for by the constiuton But il by The
application OF some extrinsic force some unlawful
yiolegce or secret couson. the provisions OF that
act shall fail 10 be carried effect then the United
States are 10 be held responsible for the
which result from the exercise OF this unlawful force
OF violence, OF collision, thus defeating the provisions
OF act which, if properly executed. would be en-
tirey competent TO accomplish the object Contemplate
by this provision OF the constitution Now, sir the con-
suton declares that the slave shall be delivered up 10
the person TO whom his service or labor may be due
II imposes upon the Congress OF the United States the
obligation exercise It's legislative powers for the pur-
pose Of carrying that provision into effect Congress
communicated by the proprietor OF the slave or his agent
to certain class OF officers designated in the act
certain proceedings shall be had; investigation shall
take place and upon the requisite evidence certificate
OF the right OF the TO econduc this property with
in the Stale from which he had fled shall be given to
hum, and 1t furnishes him IN some instances with the
carry it into execution What is the PROPOSE
ton here lis that if these officers in the execution oil
their duty, resisted by lawless violence, or by any
secret COLLISION, this act of Congress enforced the
government necessarily be bound TO provide inde-
nifty Mr. President il will be perceived that if this
be carried out is proposed to do BY the provisions Of
the bill, it involves the proposition which stated in the
outset, that whenever constitutional right requires
slatve action for enforcement and lis practical en-
loyment prevented by the nterposlion Of awess vo
ence or secret COLLISION Of individuals or Others the
eminent is responsible for the loss which may be the
consequence OF this unlawful resistance.
This, sir is not the view taken of the subject by the
Supreme Court OF the United States The case of Prigg
Pennsylvania has been frequently referred to; but
seems to not to have been considered with sufficient
accuracy.
The Supreme Court of the United States do not think
has INDUCED in 0biter dtcta in this think the
question fairly before them under the circumstances,
thn
now before the Senate OF the United States. the
obligation OF Congress resulting from this clause OF the
this was sefexecuting clause that if the proprietor OF
the slave could meet with him free State he had
right TO seize him If he could do it without violence
breach OF the peace, and recondHct him he would any
other species OF property TO his own State. But they
said
And this leads the consideration of the other part
h be a
the party whom such service labor be due Now
read this language and not to ieel tia, il con,e@ plated
further remedial redress than that which might be
IS to be made What IS claim i is in just jaridicai
sense demand Of some matter of right made by
hing as matter Of duty more limited but at the same
lime an equally expressive aehni'os was given By Lord
Is equally applicable to the present that claim is
challenge by man Of property ownership Of thing of
10 g Se dsssd - o de-
70 ps ss Ia %
delivery be enforced Upon what proofs What shall
a h sa hs OF
owner after Is obtained be conclusive OF his right
preclude any further inquiry examination fnlo by
local tribunals or Otherwise while The slave in possession
of the owner, is in Iansu the State from which he
upon the slightest attention the and obvious
that they can receive but satisfactory answer. They
require the aid OF legislation protect right
the delivery, subsequent possession the
slave If indeed The constitution guarantees the right and
il requires the delivery upon the claim OF the owner
well be doub,ed) the natural inference certainly
that the national government clothed with the apPropr
ate authority and functions TO enforce H. The iunda.
mental principle applicable all cases of this SOFT would
seem TO be, that where the end IS required the means
given and where ,he duty is eDloined, the ability TO
form is contemplated 10 exist the part OF The Junction
naonal constitution, and in that Of any State, 1t does
point any State functonares State action
fore, compelled enforce them; and might be
deemed unconstitutional exercise Of the OF
carry effect duties of the national govern
ment nowhere Delegated nrusted TO them by the
sary conclusion is that national government Ia the
sence of all positive provisions the contrary, bound
through its departments legislative Judicial
executive the may require, carry all
the rights and duties imposed upon BY the constitution
Now, sir, il will be seen that the decision OF the Su-
preme Court in this limits the effect of that guaranty
to the exercise of the constitutional power cot the gov
ernmen,of the legislative, executive, Judiciary,
The nature and circumstances of the may require"
When the Congress OF the United Staes iulhent OF
this duty, shall have provided law by which il is re-
Qured that, upon certain specified evidence slave who
is found within free State shall be delivered TO the
claiming him. and proving that his is due
him. and shall have designated the proper officers for the
purpose OF carrying into execution the provisions OF such
act they have fulfilled their constitutional duty and
not be liable TO the indemnity which it is proposed by this
amendment to require To 20 beyond this is saying,
have already stated that il the provisions OF the act of
Congress be defeated consequence OF the nterposton
OF lswess force by any other means in every such
the government Of the United States is bound 10 in
demnify The Sir there various provisions OF
the constitution which individual rights, and for
the enforcement OF them the legislation oil this
ment has been hadudicia officers designated 10 inter
pref the law and ministerial officers carry their iudg
mens into effect But | think this is the first time in
which it has been asserted that if the rights which the
constitution thus secures and which those legislative en-
intended TO enforce have been DISTRACTED
by the nterposton OF external and lawess MEANS the
government is to be held TO indemnify This is the
vcton in my Judgment reluctantly adopted for IL would
have gratifed very much ii could have brought my
mind 10 different conclusion, and would have alb.
stained from saying anything upon the subject II had
felt that the suggestion casually made IN the remarks
delivered at earlier period OF the rendered IL
proper that should explain the which influence
the vote to give; though it will be found, in refer
ence 10 those remarks, that put the suggestion OF the
probable claim upon Congress for indemnity upon the
press ground OF neglect the part OF the national legsa
lure TO perform its duty by proper legislation.
Mr. FOOTE Mr. President | do not understand that
decision as the honorable senator from Georgia does,
That decsion-as he read il, and as have always under
stood it-asserts the power the part OF this govern
carry into effect its constitutional obliga.
tons That honorable senator has not denied that this
obligation to that the fugitive returned TO his
master absolute obligation imposed by the constu
ton upon this government That decision that
where such authority this gwen TO the government