Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

And that sir seems to me- is the most obvious node Of in
ducng slaves TO escape, and one OF the modes Of emanc
patton which some enthusiasts would hail with thanksgiving,
and the only guard against would be that many slaves
would escape to the avehodng States that the people
there would be obliged expe them II would increase the
evil too in the border States which would soon be emPed
of the slaves there only to make way for others ih
might not be the immediate effect Of such provision, but
there be question that such would be It's ultimate oPe
aon and the Federal Treasury would have 70 pay every
year and more for what Why, because tne mas.ef
who loses slave be paid the value Of him by the rede
raj Government provided he cannot obtain him and the
Government TO make good the loss which arises from me
fault of the State which chooses by its auhoes 20 give
him refuge and protection have heard OF PrncPie OF
law that every hundred should be good for any robbery COM
mitted in it, and good law it might be. And II you can
make the States into which the fugitive has fled liable for his
loss there might be reason in it. With such law you Woud
make the States interested in rendering up nese ugses
But by adopting the provision suggested you would Destroy
that principle altogether and throw the whole upon this good
"milch cow" the Federal Government.
have, Mr.. President taken up more time tnan az nfs
intended but the proposition is the most extravagant one
have ever heard entertained here and feel to be the more
SO when perceive sustained by reasoning OF such pau-
sbe character as may be highly calculated TO deceive hs
is not the first time that the subject has come INTO my mind
Petitions been presented here praying Tor indemnify Tor
slaves that have fed into Ohio and Illinois and otner STATES
and when the question referred to the COMMITTEE on the
Judiciary looked upon proposition that we could
not entertain for moment, and we reported against y with
out the less hesitation.
In the position have taken stand sustained by Chief
Justice fancy and the justices alluded to- as well as by the
opinions Of the distinguished gentleman lately member Of
this body, and Secretary OF State And stand also
upon the practice of the Government from the adoption OF
the federal constitution until the time Of the case OF Pennsy
vania u.s. Prgg. Until that decision was made, all the non
savehong States of the Union had laws necessary for
rying out what they considered in measure to be
obligation imposed upon them by the constitution SO that
stand pretty strongly fortified IT. however, the Senate
should take different view Of the matter and vote for such
law, will acquiesce in their decision; but so far as am
concerned must vote against it.
Mr.. UNDERWOOD am very glad that the Senator
from MARYLAND has called the attention Of the Senate and Of
the country this subject My colleague and myself have
BOTH in the of the present session, presented memo
rails from citizens Of State claiming indemnity for the loss
of slaves after utess efforts the part OF the owners to
them The analogy has been referred to by the gen.
teman from North Carolina Mr BADGER, in paying for
Indian depredaions and the gentleman from South Caro-
lima has also referred to the analogy Of the old English hum
dreds There other Of similar description which
might throw light by way Of analogy upon these applications
to make the Government liable for the losses which slave
holders sustain They those laws which have been passed
parts Of the United States to indemnify for injuries
which citizens towns sustain occasionally from mobs m the
burning and pulling down of houses and things OF that SORT
In every case of that kind ii becomes the duty Of the
nifty furnish remedy against espassers and those who
depredate in the way alluded to- and in many communities
where these remedies inadequate TO prevent the mischief
these communities have by law secured ndemncaon against
losses which might be thus sustained. think that descp
ton Of much stronger than those Of Indian depreda
TONS to which the Senator from North Carolina referred be-
cause with reference to the intercourse with the Indians
may be said that they occupy the position Of foreign nation
They occupy extent the position Of independent peo
pe and under obligations, being possessed OF exclu-
sye power TO control that intercourse Although they are
exactly like nation beyond the Atlantic yet possessing
the control their intercourse, and they being nde-
pendent communities under obligations to obtain
dress from them for all wrongs pepetraed upon our citizens
and it becomes matter Of policy pay the citizens rather
than to throw them upon seedess and thereby engen-
| der Indian hosilities.
Allow me now sir to make remark upon the Of the
State Of Pennsylvania Pgg The Supreme Court that
case did determine that the officers Of the several States might
if they chose, the law Of 1885, passed by Congress
but that decided that they not under obliga-
ton to execute that law further than might matter Of
discretion with them. Under that decision the officers OF
State permitted to proceed and execute the act OF l7S3
until in various Northern Staes the Legislatures OF these
States nteposed and actually prohibited their State officers
from executing the law 1t is that nteposon the Fart
Northern States prohibiting the execution Of the act
of 1923 by State officers that constitutes the basis upon
which Congress- under that decision, ought now to egsate
on the subject, and 10 afford adequate redress.
In regard the question whether the States might not
stpte system of their for the extradion Of fugitive
slaves have doubt upon that subject were they disposed
to do 1t would not violate the constitution Of the
United States The constitution OF the United States imposes
duty upon this Government establish system by which
gilives be reclaimed And why that provision in
serted in the constitution that because without it
would be matter of discretion with the States whether they
should adopt system of that sort not The trainers of the
constitution unwilling to leave it mere matter Of dis
ceton with the States that discretion, particularly under
the influences prevailing in these modern days. would never
been exercised to secure the delivery Of fugitive
their Hence the necessity Of that clause of
the constitutions making obligatory upon Congress to estab
sh system by which these evils could be redessed But
in doing that the constitution does not to the States
I" You shall not do it," There is no prohibition upon the
States to institute system for the restoration Of fugitive
slaves and conceive that such system instituted by the
States may exist and that system instituted by the United
States may exist also And if both systems put into ope
ration the only effect would have would be this that the
individual losing slave would have right to redress
the slave had fled BY the United States his discretion
option.
Now, there analogies growing out of the const
tuition Of the United States which illustrate this view of the
subject and will give you two. BY the constitu
ton Of the United States full faith and credit to be given
the records Of judicial proceedings in the several States
Under that clause Of the constitution Congress may and Con-
gess has established its system, giving verify and providing
mode of Authorization by which records in one State shall
be evidence every other State Of the Union But does that
preclude the several States from having their separate and
cuar systems Of evidence in relation the records and laws
Of the several States Not all. On the contrary both
systems coexst and there is not State in the Union but
has its laws legimazng the mode by which records
shall be admitted evidence And the judges governed
by these laws but they might also be governed by the laws
which Congress imposes that subject State satisfy
her tribunals by her laws and So ALSO she might have
system by which the extradon Of fugitive slaves might be
effected, the owner be pleased might appy to the higher
tribuna-ha Of the United States There is provision
analogous to this in many Of debt citizen has the
option for debt in the courts Of the United States OF
- 49, Safo