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

real sauewould have soendsd se, but would have pro-
duced beneficial result My slaves would have been slaves
still nfpoin Of law, but would have had no means Of bring
ing them back again my service and them profitable
me- Therefore the second condition of the clause be sha
be delivered up the claim of him TO whom the service
labor may be due he shall be aga under the do
mnon of the master from whom he fed the two provisions
put together faithfully carry out and make comple, and etisc
tua the design Of those who framed the constut on The
FIRST without tho last would be mockery Of terms, giving no
real and ectual remedy Therefore, il seems to me clear
that this duty Of securing the surrender of the fugitive Pc
cnRary and plainly incumbent this Government The
first part Of that clause Of the constitution is declsrato
immediate IN is operation 1t executes itself and needs no
machinery Of government to carry out The constitution
declares that the civil condition. the status of the slave, shall
not Dc altered Is altered by his escape and cannot be
altered while the constitution lasts.
put there comes upon the bis THAI proposition, and
as from IT. ar act to be performed. There the
constitution cannot execute Legislation required
to make the right eectual The owner il Is rue may seize
his slave but ne may Justly demand also public force and
for hun the recapure and surrender Of the fugitive This de-
mand is duty 10 grant, and Il is this dutv VA rich the
bill before you ntened to discharge Thsn seens to me-
that the proposition offered BY the Senator from Myi and is
not only ghEn ITSELF but it is geane to the bill beN me the
Senate Its essential tomake that bill perfect is as ,lue-
~ necessary, in order that may stand right in the wa
our constituents and stand right in hearts and
Sciences that put that provision in the bE The t part
Of the bill is tbs establishment of that machinery by wa ich
this Government is to enforce the recapture of slaves n
may be efecua or may no have far better hopsso1 it
than many Southern gentlemen on this floor. EKCept in
particular neighborhoods where anacal sentiment
prevail almost universally and where combination of s6
may overpower authority fraudulent contvncesmay elu
it, under the specous pretext Of that higher power which, in
their view overules the constitution except in such cases
these, my belief Is that this law will be regularly executed
Btu if it is not executed, what then bound ID n
AS have stated the passage Of law is not the discharge Of
our duty the attempts il is the apparatus Of legislation
by which about the accomplishment Of that which
duty to perform which is the delivery Of the fugitive
Suppose these prove inadequate If they do is the
duty Of the Government that indemnity is made the
Of the loss incurred in consequence Of the adequacy
Of the the discharge Of the duty Icae whether
these fail in consequence Of viiated state Of public
sentiment Of the laws passed by any State whether in
consequence Of public authority, or private fraud and vio
ence cae how the recovery Of the slave prevented
this Government bound to Indemnify the loser for the loss
sustained because this Government is bound to such
slave be restored his Ii this any principle
Has always been acted upon II is the duty Of this
Government afford protection, under certain circumstances
from Indian hostties and violence. Measures adopted
for that purpose laws passed. and troops are marched,
and military posts established Do we hold that if these
arrangements for protection out to be neecua and
these individuals robbed wronged whom bound
to protect, under obligation to make restitution
Why statute book proves the contrary Scarcely session
Of Congress without furnishing evidence that
dersand that the duty Of this Government performed
by marching troops not BY passing laws and regulations
upon parchment paper They are but arrangements for
dschargng dutymeans for that end and recognise
vided for protection prove, in fact, insufficient.
The Senator from New Jersey supposes that adopt
the principle Of this amendment shall involve ourselves in
nconvenent latitude Of obligations and thata vast variety
of claims will be thrown upon Let them be pointed out
if there such cases. let the be shown in which this
Government has imposed upon il the certain specific duty to
do particular thing and when this is shown will main
tain that the Government is bound to- do ha particular
thng-and falling to do it, is justly held to indemnify the
parties for the loss consequent upon and resulting from the
failure He will find the cases are very few doubt whe
ther he will find in the constitution falling within the
principle which this duty of indemnity is attached except
this case of fugitive slaves. maintain, then, that the
principle of the amendment is right, and such amend
ment is absolutely necessary to make this bill perfect to
complete to conform in every respect to the obga-
tons Of this Government to the surrender Of fugitive
slaves. The bill Of the Senator from Virginia Mr.. MA
soS) provides the legal for enforcing the surrender
and the amendment of the Senator from Maryland is just
and proper arrangement for the entire redress of the party
injured The duty being clear should provide in this
bill for that indemnity the claim to which will result from the
insuciency Of the MEANS should they fail accomplish the
end proposed. s.,
Then what is the objection to this provision If
provides himself with proof Of ownership of the fugitive APP
plies the proper officer, ali the which at his
disposal by the law which we are now passing and fails to
accomplish that which the law intended give and which
bound to to him, pray you, he is not en-
titled 70 redress at This stage, when will he be entitled
Then, be is entitled redress what redress will you give
1t may be possible that that which is proposed BY my friend
from Mary may not just what all respects proper
know that he wants nothing but what fair and equitable
and If any gentlemen will suggest mode which will be eea
from objections have doubt it will be accepted. Butt
that the he has marked out in his amend
well calculated to the favor Of the Senate
it PRACTICAL it is judicious it is sufficiently well guarded
What i'll Why first, the claimant is required to show
that he has rights that he has asserted his claim and
has produced prmG evidence before the officer upon
whom the duty of examination Is devoved by the Govern
Den Of the United States and doing all this, has failed to
obtain redress There is objection to that If the proof
made out the Government Of the United States bound
pay the money and therefore just and proper that the
United States should have tribunal OF their own to nves
gate the case and that ID secured by the amendment There
is to be trial in the customary form, BY ajuy does not
damages The Judge predes the ial guards against
the introduction Of improper incompetent testimony takes
care that the brought within the provisions of the
statute and then the jury such evidence as he admits
and according such rules he Declares are to settle the
facts and detefmne the amount of damages. atfI PIKE
The Senator from New Jersey objects that the suit to be
brought against the district attorney Where is the harm
in that. This is not the only in the history of
our Government where such thing has been done How
did we dispose Of claims TO lands acquired by treaty,
which were dispute between the United States and ndvi
duals We authorized by law suits be brought against
the United States We gave jurisdiction the But
how the suit brought; how the complaint instituted
Against the attorney representing the United States The
United States must be represented by who pro-
per- any particular to be misrepresentation the at
tomey whom have committed the general charge of the
interests Of the United Staeswho holds this appointment
from the President with the of the Senate
Certainly he the unexceponabe person. who, in his
district the law agent of the United States in all matters
civil and criminal Then, when providing for suit
I-~.~