The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-16
ases and secure the blessings Of liberty for all within

was surprised Mr. President by the proposition tha,
Congress has no power to prohibit the slave trade be,
tween the States. Why. SIR that trade is prohibited
vessels OF less capacity than forty TONS Not slave can
be shipped coastwse without permit from an ofcer o.
the United States; not slave shipped can be landed
i without sush permit Any one who will take the
trouble TO consult the act Of 1907 will see how this mat
ter stands do think that law unconstitutional The
he On
that they may enact Others II they can prohibit the
il in vessels OF one hundred-fve hundred-aogether
And why should not Congress prohibit this tafic We
hear much q the cruelty Of the African slave trade Our
OF death Is less cruel less deserving Of punishment
t. tear fathers mothers children from their homes and
to the markets of Louisiana OF mississippi II there be
difference in cruelty and wrong is il not in favor Of the
AfrEan and against the American slave rades Why.
then, should be guilty OF the Inconsistency Of abol
shing that by the sernest prohibition, and continuing
this under the sanction OF national law
The seventh proposition Of the senator from Kentucky
| of fugitive slaves
was sorry 10 hear the seiatsor from Massachusetts,
this subject with the amendments to il reported from the
Judiciary Committee, with all its provisions. to their
fullest extent" ask senators who propose to support
shall be referred know shall be told that the consti-
in State under the laws hereof escaping into anohsr
shall, in consequence OF any law regulation therein
be discharged from such service labor, but shall be
or labor may be due But this clause contains no grant
Of legislative power to Congress- That power is confer
red exclusively BY special clauses granting legislative
power in respect to particular subjects, and BY the eighth
section of the first article which, after the
specific OF Congress- proceeds to declare that Con-
grsss shall have power 80 make al laws which sns,
foregoing powers and all other powers vested by this
constitution in the government Of the United States or in
any department or officer thereof"
Now cir, what power is vested, by the clause in
aton to fugves from service, IN the government or in
any department or officer Of the government None at
does extend the subject The clause is clause Of
compact II has been denominaied by every senator
who has had occasion to speak OF it. The honorable
senator from Massachusetts told us that he .always
thought that the constitution addressed itself TO the legis-
laures OF the Staies to the States themseves that
ton upon the States themselves" If this opinion be
the power OF legislation and the duty OF legislation
must be with the States, and not with Congress,
| Mr.. BUTLER. interruptthe senator merely with
view to obtain what regard as impoantto to the consider
alton Of this matter If some Of the States who par
. where be remsdy
Mr.. CHASE. know OF no remedy. None has been
provided by the constitution. But let me put question
TO the senator from South Carolina The constitution
provides among these articles Of compact OF which the
stipulation regard to fugves from service is one, that
.he citizens OF each State shall be entitled to all privi-
leges and mmunes OF citizens in the several States
Now ask the senator if he admits, that under that
clause Congress has power to provide penalties for the
SnS. o. aws SouS csns
Mr.. BUTLER. | take the broad ground that each
State has right to prescribe its own qualifications Of
citizenship. In all the old acts OF Congress- the class OF
persons referred to by the spoken OF per-
Of color, contradistinguished from citizens be-
eve is in the power OF every State 10 make tuil clf
OF black man. but not 10 make him full citizen OF
any other State. The definition OF a citizen in South
Carolina is not governed by what may be the definition
OF citizen in another State believe that each State
def he aua
peases the rights OF different classes oil persons But
the senator has not answered or met the question have
asked and that is in State refuses TO carry out the
provisions OF the article in the constitution, where 10 the
Mr.. CHASE. / certainly answered the senator dis
tincty and canddly said knew OF no remedy in case
of the refusal of State to perform IFS stpulatons The
obligation OF the compact and the extent OF the compact
as IN every other case Of treaty stipulation masTs s
and sound judgment OF the parties to It, But did the sem
ator answer my question He has not told US whether
enforce that constitutional compact which guarantees
the citizens Of each State the rights OF citizens in all the
States He has told that each State determines for
State cannot determine who shall Be citizen Of another
That may be so. But when State has once determined
who its own citizens shall be- the compact stpulaes iss.
Stale. Not that they shall De citlzensnot that tney
shall be admitted TO the elective franchise, or be made
eligible to Office but that they shall have those rights
and immunilies that security and that protection, TO
which citizens generally, male or female, minors or
adults are entitled. My question was Has the general
government the judgment OF the SENATOR power under
the constitution TO enforce the performance OF this supu-
| lation in South Carolinai
But have been drawn aside from the line OF argument
| | intended 10 pursue.
repeat Mr. President, that this clause in relation 10
i fugves from service is clause OF compact For many
years after the adoption Of the constitution was 90 re-
garded. II was not much discussed, and the limits OF
the respective powers OF the State and federal govern
/ ments under II not very accurately settled. But
nearly all the States legisated under IT, and provided
such provisions for the exadton OF fugitvea - they
deemed consistent with the security OF the personal rights
oi their inhabitants. At length, however the fngg
decision made, which asserted the exclusive right
and duty OF Congress to egsate this subject and de-
MED that right and duty the States. The same dscss-
ion suggested, what every here will admit, that Con-
gress could not require State officers TO intervene IN the
business OF extradon II need surprise no one that az
ter this the States ceased extraditon laws or
that some Of them repealed those they bad before enact
ed and prohibited the Intervention OF their ofhcers
i Bot sir decision OF the Supreme Court cannot aiter
the constitution II Congress had opower 70 legsate
on this subject before the decision, Congress nas none
now The decision determined the case before the court
n established precedent for the determination OF such
cases Ii must stand ill overruIed: But DO not eee
how any senator who finds himself unable. after the
fullest concur 10 the principle OF the de-
cision can Justify himself in the exercise OF power
which he does not believe the constitution has conferred
What sir is the history of this clause and the clauses
of like character which stand with in the constitution
This clause taken from the ordinance OF 1857. In
the ordinance no one petends that anything
than an article OF compact No power derived from
il 10 the government Three other clauses OF the same
found in the article Of the constitution