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

be shortly 10 eauange the representation in the other
branch a. Consequence OF that census you VIII ma tha
Ohio, New YORK, and Pennsylvania, VIII each OF tneln
have al least one representative predcaed upon their
free negro population population just as lar IRON being
politically Tree as are he servants q May mol oylng
permitted 10 vote, and having political privileges fes
sir the political freemen Of Penney vana will be repre-
scented in Congress- and the seat Of Of their represent
atiyes viii be based upon this Tree negro population
When offered this amendrnentI had at Feast the hope
that all the senators representing the southern States
would upon .hls question tathongh they haye upon no
other be found TO stand shoulder to shoulder IN this
endeavo TO procure protection portion OF their fellow
citizens holding the description OF property them
selves was IN hopes. also, that faminded men, rep
esening northern constituencies here, would have been
willing TO give US this amendment, which will be eectu
al TO the protection OF the South IN thus particular and
which would nave IN the slave States OF this Union more
influence IN producing harmony and peace and resora
ton of fraerna relations between them selves and their
sister States, than all other action which could be had
by this government in reference TO the South. There
may be no immediate danger Of dissolution OF the Union
but if this course OF agitation is persisted in what will
II be worth II 1t continues from year TO year until your
constituents and mine, instead OF feeling brothers and
fellow. citizens towards each other, shall become, after
elimination and ecrmna,ion either sde as personal
enemies, having me feelings OF personal enmy towards
each other, what then will this Union be WORTH When
that day shall arrive and to be fast approaching
then all efforts here or elsewhere will not prevent
dissolution OF the Union because TO continue together
would be worse than dissolution Adopt this amend \
ment, and feryenty believe that you take away from
this strife OF the chief elements OF discord. By it's
passage by the votes OF the northern section Of the
Union you give to the South substantial evidence,
which they can understand, OF your desire 10 do them
justice do hope that the Senate will reflect upon this
amendment have not offered without due and proper
reflection and without being convinced my part that
of this kind is the only remedy by which this
agitation be arrested and justice done 10 the slave
owners.
After debate heretofore published,)
from Virginia [Mr MAsoNl has said) that i has
shocked me much to hear pronounced in the Senate
the proposition eon,ended for BY the E senator h; from
that the proposition itself is not warranted by the author
ity which the learned has introduced in support
OF it. In the first place, what the proposition 1t is
that wherever constitutional duty is imposed which
may require the legislative action OF the government in
order carry out that constitutional obligation is com
piled WITH provided the legislature shall pass law
curing the thing to be done. Now, this is the PROPOSE
ton which repeated two three times BY the sena
tor from Georgia. that wherever the constitution imposes
an obligation which is TO be discharged through the
medium OF legislative action, when that Legislative
action takes place-ahough the obligation is not dis
charged by reason of mob violence otherwise-that
the legislative enactment discharges the obligation
think correctly state the proposition OF the senator
from Georgia If l have not, should wish to be cor
rected, for do not wish to missate it.
Now, Mr. President, let me put it to you let me ask
any senator who hears this be the true construc
ton of instrument like this Here is the constitution
OF the United States the compact between the several
States, which says that the slave who escapes shall be
delivered up Now, the learned senator from Georgia
says that this is to be done through the medium Of the
Legislation of Congress- and his proposition is that if
Congress shall pass law directing that the negro thus
escaping shall be given up. it has discharged itself Of
i III
the legislature directs the mode in which the delivery is
to be made-even if that delivery should be prevented by
mob volence-the government has discharged Its duty
That his proposition 1T this be what have we been
engaged in doing for the last two three days! We
have already the act of 1893; we have already the
legislation OF Congress providing that master may 60
into free State and seize his slave, and that after
he has seized his slave, as | understand the act
of Congress, he not entitled to take hum away but
he is TO take him before strac and upon proof
that he is his property, the magistrate is TO give him
hcate by which be is TO take him away refer the SEN
ator 10 the act OF 1893 sa. ~
Now it strikes my mihd-and speak it with all def
erence and respect TO the honorable senatorthat this
proposition OF his very extraordinary one. Here the
senator admits that this clause of the constitution guar
antees TO the STAKEHOLDER this property and yet he
tends that this guaranty to be discharged by the nstru
mentality OF legislation that the direction that
thing shall be done sufficient TO relieve the govern
meni the guaranty though that direction should
be nugatory by reason OF mob violence otherwise.
Now sir the passage read by the SENATOR as il occurs to
me- would bring US to an opposite conclusion to that at
which he has arrived. The Supreme Court says:
The slave is to be delivered up on claim BY whom to
be delivered upl In what mode TO be delivered How
IL refusal takes place. the right OF delivery 10 be
forced When, under what circumstances, shall the
possession OF the after II Is obtained, be conclusive
nation by local tribunals otherwise, while thus
possession OF the he is in transu to the State
from which he ned
The court then proceeds 10 say
These and many other questions will readily upon
the slightest attention the clause and it is obvious that
they receive bat satisfactory They require
To do what MIR. Presidents Why, the court pro-
ceeds
TO protect the right enforce the delivery, and secure
dtt subsequent Posse'sioa Of the SLAVE
The constitutional provision, them required the aid Of
the national legislation 10 protect the right TO enforce the
delivery and the subsequent posSestion Of the
iaue. Now, it is not the legislation which is re-.
CURED by which the legislature shall direct that A, b,
c, the master, whoever he may be, shall be entitled
90 into another State and finding the slave there,
shall take hn before magistrate, and that shall be the
privilege OF the master TO take ban home. The act OF
1893 does all this but il is TO be legislaonto do what
Why, no, merely legislation requiring the delivery but
legislation 10 be ecient 10 eee the delivery 10 appoint
the by which shall be DONE and to insure that
the law and the provision of the constitution are en-.
from Georgia, the passage OF law By which slave
is directed 10 be delivered up constitutes compliance
with this obligation, which The Supreme Court has said
can only be complied with by such legislation will
cure the delivery Of The Stare
Again, sir, the court says:
f. indeed the constitution guarantees the right and liz
noi well be doubed the inference certainly is that the
tona government y clothed with the appropriate authority
and functions TO enforce H.
Clothed with the power to do what Why, TO legis.
late According TO the argument Of the senator from
Georgia, they are clothed for practical purposes solely,
with the power to legislac II is not that only but they
are clothed with sufficient power TO enforce t. To
force what The guaranty-he possession oil the slave
to the master to enforce the remedy, by preventing the
plated that legislation sufficient to satisfy this
provision Of the constitution They look not only TO
legislation but to the constitution OF the United States,
as constituting guaranty onthe part OF the government