The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-23

as any proposition in logic-no deduction regularly
drawn from acknowledged premises can be palmer
Than that II the slave not delivered up, the duty OF
this government is not performed because that is moi
done which the constitution Interpreted by The court
OF the last resort has declared IT is the duty OF this gov
ernment to performed Then pray you, sir when
say this is the duty OF the government and when
call on you to indemnify me for the loss Of my slave in
consequ OF the nonperiomance of this duty what
sense can II be said that this government is made the
grand endorser Tor nybodyor anyS ate or Tor any po
ltca community or individua' Il signifies nothing TO
the who has lost his slave through whose inlru
mentality he has lost himwheiher by the action of State
laws, or the unauthorized, unprovoked, wicked. and
malicious concert in force fraud OF the inhabitants OF
Tree State. Ii is enough Tor him to say, "You
bound 10 that the constitution IS carried out and 10
that impedments TO the recovery of my property
removed and if they cannot be- you bound ndem-
Nifty tor the loss which has occurred in consequence
II the United States is not 10 pay an indemnity when the
United States is primarily and solely bound, in this
case ask from whom is the Indemnity TO Gomez The
duty that Of the United States the loss results from
failure discharge that duty and the United States
ever bound TO indemnify n must be In this very case
TO therefore, that the senator from New Jersey
has founded his objection 10 this amendment upon to-
tally falacious view of the subject.
In the next place. the honorable senator TO sup
pose that the only case in which there is any obligation
upon this government under this clause OF the constu
ton, where the surrender of the fugitive prevented
into which he escapes. His idea, if understand him
arigh Is this that if there be no hostile egislauon-lf
there be law regulation of the State under color OF
which the recapure prevented, with the semblance OF
ghtf the recapture be prevented by unauthorized
violence or fraudulent conrvance then this clause i'm
poses obligation upon the United States to effect
delivery and the is not within the meaning OF the
clause But little consideration OF that clause OF the
constitution will show that this Interpretation is, upon
the face Of it, which makes the clause speak absurd
y, and therefore cannot be correct also it ncOnss
en with OF the express and definite provisions OF that
clause. The clause has two objects The first is this
to prevent slave, by escaping into State in which
slavery is prohibited, from becoming free That is the
first He shall not "be discharged from such service or
labor IN consequence OF any law or regulation of the
han l., thor,r he
may escape into State whose laws prohibit slavery,
whose laws declare that every who touches its u
sdic,on thereby Immediately made free, yet in this
case OF fugitive slave that rule shall not apply.
Though he shall have escaped into State whose laws
contain such provision, he shall still continue slave.
That the idea clearly expressed and written, and the
meaning OF II cannot be mistaken The necessity OF il is
obvious Ii my slave escapes from me and reaches
Great Britain, we all know he is free the moment he
touches the soil OF that Kingdom, and he will be free
henceforth whatsoever may find him. But when our
ancestors formed this Union they intended TO prevent any
such disastrous consequences from the different systems OF
laws which the several States might adopt Therefore the
first thing TO declare that the condition. the status OF
the slave who should should not be altered by the
laws OF the State into which he escaped Therefore, al
though my slave has escaped, have the right to treat
him as slave therefore, the Supreme Court decided
in the case OF Prigg and Pennsylvania have the right
to take him from that State to which he has fled and 10
bring him back TO make such disposition of him the
laws OF my own Stale authorize
But then, the article would have been snguarly deec
tive had II stopped there The first thing prevent
the alteration OF the slaves civil condition the next
10 bring him back again 10 the State from which he
capedo subject hun TO the direction and control OF his
master otherwise, the provision would have had
practical meaning, no real yaluewould have sounded
large, but would have produced no benec result My
slaves would have been slaves still in point of law but
would have had no means OF bringing them back again
to my service. and making them profitable TO There
FORE the second condition of the clause he shall be de-
yered up the claim of him to whom the service or
labor may be due he shall be brought again under the
dominion OF the master from whom he ed-he two pro-
visions put together faithfully carry out and make
ula Haf}a af III
constitution The first without the last would be mock
cry OF terms giving real and ehectual remedy There
fore seems to clear that this duty of securing the
surrender OF the fugitive IS peculiarly and plainly ncum
bent this government The first part OF that clause of
the constitution is decaratory; is immediate in its op
Grafton; ii itself, and needs no machinery OF
government to carry il out The constitution declares
that 'he civil condition, the status OF the save shall
be altered ii is not altered by his escape, and be
altered while the constitution lasts.
But Then, there comes upon the basis OF that PROPOSE
ton and as consequence from il, act 10 be perform
ed There the constitution cannot execute tself-there
legislation is required 10 make the right eiecual The
owner, II is true may seize his slave but he may Justly
demand also public force and public authority to
his private right and TO accomplish for him the recapue
and surrender of the fugitive. This demand it is our
duty to grant, and II is this duty which the bill before you
is intended to discharge Then, il me, that the
proposition offered by the senator from Maryland not
only right in itself bat is germane 10 the bill before the
Senate. IL is essential TO make that bill perfect is alb
soluley necessary, IN order that may stand right in
the OF constituents. and stand right in our
hearts and conscences that put that provision IN the
bill The first part OF the bill is the establishment OF
that machinery by which this government is 10 enforce
the recaptuc OF slaves. That mag be eectua it may
not have far better hopes OF il than many southern
gentlemen on this floor. Except in particular
neghborhoods, where anacal sentiments prevail almost
universally, and where combination Of efforts may
overpower authority, fraudulent contrivances may
elude ~ under the specous preeyt OF that higher power
which, IN their vew oveTrules the constitutoneAcep
IN such these, my belief is that this law will be
regularly executed But, II it's not executed, what,
then, we bound TO do As have stated the pas
sage of law j. not the discharge OF our duty 1t is
The attempt u - the apparatus OF legislation by which
set about the accomplishment OF that which II il our
duty TO perom-which is the delivery up of the fu
gltive. Suppose these prove inadequate II they
do, il is the duty OF The government that indcm
nifty Is made to the extent OF the loss incurred in
quence of the nadequacy OF the 10 the discharge
oil the duty care not whether these fail in
sequence OF viiated OF public sentiment, or Of
laws passed by any State; whether in consequence Of
pubic authority, private fraud and violence |
care no, how the recovery OF the slave is prevented
this government is bound TO indemnify the loser for the
loss sustained because this is bound
suoh slave TO be restored TO has master Is this any
pnncplet Has II not always been acted upon Ii is the
duty OF ths govern to afford proecton under certain
circumstances, from Indian hostilies and violence
Measures are adopted for that purpose laws passed,
and troops are marched, and military posts esiab
lshed. do He hold that, II these for pro-
lection turn out To be nefeclua and these individuals
robbed wronged whom we are bound to protect,
we are under no obligation to make restitution Why,
statute book proves the contrary Scarcely session
OF Congress passes without furnishing evidence that we
understand that the duty OF this governm en is not per
formed by marching troops, not by passing laws and egu
lahons upon parchment or paper. They but arrange.
for dlschargpg dutymeans for that end; and
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