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

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 State shall
be evidence in every other State Of the Union But does that
preclude the several States from having their separate and
cuar systems evidence in relation TO the records and laws
Of the several States Not ALL On the contrary, both
systems coexist and there is not State in the Union but
has its laws egmatzng 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 may satisfy
her tribunals by her laws and also, she might have
system by which the extradion Of fugitive slaves might be
effected, the owner be pleased, might apply to the higher
tribunal,hst Of the United States. There is provision
analogous to this in many Of debt citizen has the
option for debt In the Of the United States
in the State courts Here are systems for the
phment Of the object co-exstng the one by the laws
Of State the other by those Of the United States plaintiff
has right to take either and you may establish system
by the several States for the delivery Of fugitive slaves and
system by the United States for the same object.
Sir difficulty grew out Of this originally, and that is the
only difficulty in the matter In the act Of 1898 the Congress
of the United States attempted to impose this duty upon
the officers of the States That they had right to do.
Each government must act according to its SYSTEM and
upon its own laws and this Government has no more right
to impose duties and enforce the execution Of them upon State
officers than would have to impose duties and enforce the
execution of them upon any officers employed under the ov
ernnens Of England or France The consisted in the
decision Of the Supreme Court in the case Of Pennsylvania
u.s. Peg The fact that the Supreme Court decided that the
officers Of State might in their discretion execute the act
Of 793 leaves foundation for very strong inference that
State itself might have its system And understand the
decision Of the court not positively denying that state
might institute system which, If the owner OF the slave
chose to resort to il, might furnish remedy
However, il is unnecessary pursue the subject iur'her
have in few words given my idea as to the manner in
which State may have its system and the Federal overn
also its SYSTEM and under them both, would be DIS
creonary with the owner Of the fugitive to which Of them ne
would have recourse. But the constitution does not allow
the blending of these systems to impose these duties
upon State officers whether they disposed TO perform
them not. ,1s@
My principal object 10 rising, Mr.. President to say
70 my friend from Maryland Mr. PRArr) that while thank
him for the Introduction Of this subject the notice Of the
Senate and Of the country apprehend that would be best
sch il to this BILL The object have present hand
Is to prepare some system which practice viii enable the
owner to reclaim bis fugitive slave II that
remedy to enable him to do this Is very different thing from