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

the State treasury although Il Is true tns nc VINO
tb money contributes his portion Of it, and rightly and pro-
l 49, ~ IL n So that so far have been able to
consider this amendment, seems 70 me mat ign' " s
spjrt that the provisions which contains are Wei cond
ered and adapted to accomplish the END WIN
tsntv Of Justice 10 the claimant the one hand and su
; 10 preyent the United States from being
Justly charged on the other do hope the Senate will adopt
the Amendment and pass the bill II such bill passes it will
Tvs ne most confident to that portion Of the
s most interested in this subject that there disposition
On ali hands to do what is right toward them That the Uni
ted States will suffer them, directly or indirectly to be
ronged of compasance to certain persons In other po
tons Of the country who have scrupes Of conscience how
their neighbors can rghy this species property
cured 10 them by the constitution and laws Of the country
Il will show that the United States not speaking ony but
acting n earnest on this subject Il will sho" ha .ne
minds Of actuaed by real benefcence-are dong
good, and merely wishing it. The FIRST part OF the law
proposes plan for doing justice the second proves the SIN
cey in which the first is proposed by providing payment 10
money where the slave himself cannot be had wishing,
81. il nothing Il was long since said by the Rev. Sidney
Smith that I" benevoence is common TO MANKIND never
sees in distress without wishing to relieve nm BUT inns
bill win give will satisfy the pubic MIND ,ha' he
Government disposed, truly anxious to accomplish Inc
restitution of fugitive sincerely wishes and resolved
to do right to the uttermost Of its power The proof Of TINS
will be complete because furnish the best means TOT inc
recovery of the slave himself and these iail we secure
prompt and adequate indemnity tor the loss.
Mr. BUTLER. do not intend TO de'ain the senate more
than few moments and should not now uespas upon
their attention. not for the fact that the honorable sen
nosions 80 entirely in conflict with the opinions which
have heretofore entertained and with the opinions which
have been generally acquesced in BY most
yers. This being the case, may DC peeo Gulso! -
notice some Of his remarks And in doing allow me to
v that Cero once observed that by adopting the remark OF
another he could make it immortal Perhaps the remarks
which threw into the speech Of the honorable Senator from
North Carolina f they interposed under mstakel
NAV be made in such vehicle to 60 down to history
therefore might be selfish enough to let them remain where
in some measure, good fortune has placed them give
the reporters liberty place them in Or out OF the place where
they wereiuered or put them with THIS as part OF Wnat
am saying, separate from bis. 31z Nib. .a .
Mr.. BADGER, (jocularly) will not print them with
mine. ap
Mr. BUTLER know that if they went out with yours,
might derive immortality from the association and there
fore commit them reporters to dispose Of the may
best suit their convenience Now understand the Popo
ston Of the honorable Senator from North Carolina to be
this That the Government Of the United States is bound
by constitutional obligations to pass such laws will com
Del many Of the States Of this Union to deliver up fugitive
from labor or default Of making such laws that the Gov
bouad to indemnify the owner for the loss 10
money That is bis proposition. repeat it. that the Fede-
raj Government bound under the provisions OF the const
sutton to that each State shall deliver fugitive from
labor or in default Of performing this duty, that will then
be incumbent the Government to set apart its treasury as
an insurance Office for the good Of the party thus suffering
the loss That is his proposition and let him say what ne
will he cannot disguise it is to make the Government an
underwater the loss Of fugitive slaves may take this
as very exavagant proposition, but others may for aught
know think it perfectly reasonable. AT all events, must
be allowed say that appears to me to be very novel
propostion-a principle Of legislation And the same
clause Of the constitution which he has thus construed and
which, according his notion imposes such duties
upon the Federal Government in uxaposion with ano-
her and may be permitted to illustrate the construction Of
the the construction Of the other Take then the case
of fugitive from justice, who burns city commits any
other depreciation upon property in State and fees
another State for refuge, and that State into which the
criminal has fled puts defiance the requisiton Of the State
whose property has thus been destroyed and reduced to ashes
Natl fhotf
would be the duty of Congress require State into which
criminal has fed deliver him up but in the event Of his
not being delivered up, follows matter OF course from
the argument adduced by the honorable Senator that Con-
gres bound to make good the loss by ndemniying that
State for the city burnt down and other damage committed
Sir exavagan conclusion he cannot avoid and
husthe Federal Government is obe office Of insurance.
underwater repair all the losses which individuals States
sustain because another State fails perform its consu
ona obligations Twill another case by way illustration
the Ihave cited exactly suit the honorable
eman may within the province Of his proposition
Suppose that slave should burn down houses commit great
depredatons before leaving his masters State, to repair
which would require far beyond his value, and
should fee into the State Of New York. under the opinion
that the Executive would deliver no charged with
the crime Of stealing to the State asking for
him suppose, repeat, that slave, in addition to
his value, had subjected his master and tho
munity in which be lived to a loss by destroying a
large quantity Of property and the Executive Of the State Of
New York. say New York merely for the purpose Of illus
atonshoud refuse deliver him up what be DONE
According the argument of the Senator from North Caro-
lima you have only frame system Of laws and that the
Federal Government shall be good for the loss Why, sir
read the article Of the constitution, and also that article OF
to which first referred in regard ugves from justice, and
imposes upon Congress than the power of making
such Legislative regulations will enable the different States
to carry out that article, between another leaving the
States perform the duties prescribed under the obligation of
good faith Whoever has heard Of such proposition until
this time There may have been no adequate occasion for
it, Sir thebsre proposition has before been put forward
that if Of the Executives of the different States should
fuse give fugitive from justice that Congress could 60
there with armed force and compel that State to comply
with the requistion. mode to compel compli-
with the obligation Of good faith and the obligation to
deliver fugitive from JUSTICE well fugitive from labor,
is which addresses itself the good sense, good faith
and justice of confederate another On this subject
will refer for an instant the authority Of Chief Justice
fancy who has expressed his views upon this subject in
terms much better than can do have the authority Of
that distinguished gentleman, and also that Of the distn
guhed gentleman the head Of the State Department.
lMr. WEBsTER,) and Of many Judges Of the Supreme
Court this proposition and believe that the question
involved In the decision already given, and pausiby
gued by the Senator from North Carona, again before
that court that decision would be restricted the point really
adudicated respect the Senator from North Carolina for
his ingenuity, and for what may bis ability but it is
ability only far regards the power Of announcing his
views Il is not ability so far regards proper and just
view of the articles Of the constitution brought under the
sanction of the law But hear Judge fancy upon the sub
jec So far from maintaining that the States prohibited
from interfering by legislation to protect and aid the MASTER
the learned Chief Justice says:
"They prohibited, but the contrary enjoined
upon them duty protect and support the when he
IS endeavorny obtain possession of his property