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

cover his property. 1t in case OF this kind that
The case OF Pngg and Pennsylvania arose and Judge
Story and other Judges went far to say that the
STATE government had nothing to do with the subject but
ihat belonged exclusively to the United States, and that
too as think against the constitution, against the main
aim OF their Judgment against the of 793 and against
l1e known statutory commentaries upon the constitution
NOW. no court can impose upon me any obligation TO
gad It's decisions IN violation OF my views OF the cons
tuition. may say that such decision was never before
given I'LL The recent feeling in regard to this subject be-
Iayed the court into Judgment understood before
regard the judgment good only the question before
the court and Chief Justice Taney has put down his
solemn reasoning upon it, TO guard the provision, and
give my assent to his conclusion, and shall take advan
tage OF his reservation andot TO the conclusion of Judge
Story except so far he has shown that the act Of
pennsylvania was unconstitutional which imposed pen
atty upon the owner in certain To that extent
agree, and no further-for the judgment could 20 fur
ther properly cannot vote Tor The amendment of. the
senator from Maryland in any point OF view that can
Mr. BADGER. l gave way for the senator 10 make
an inquiry and il seems he is going to make speech
The PRESIDENT. The Chair will state that he
mol allow speech thus to be made within speech Ii
is only allowable interrupt senator for the purpose of
personal explanation.
Mr. BUTLER Before take any portion of the re-
ouke beg to say That thought the senator had erm
mated bis speech. | am the last one who would inter
fere to prevent any from concluding wha, he had to
say.
Mr. BADGER He must suppose that rose to say
but very little, and that nothing that did say would lead
10 any conclusion.
Mr. BUTLER. Allow me- Ahen, to beg the gentle
mans pardon, for thought he through; he
much in short time his speeches such matum in
paryo' that Il really thought he was through
Mr. BADGER. really could not but be struck, on
hearing the senator's remarks with the siguar inconslst
ency that belongs to There is not certainly gen
teman on this floor who is more shenuously in favor Of
non Intervention than the senator from South Carolina;
yet he has interviewed when had just begun my Speech
and made speech in the middle of NINE He said when
he rose that he did so for the purpose of getting some
views from me- and really seemed desirous OF obtaining
them upon the ground, he said in complimentary
terms that was good lawyer and ! considered my
calf 10 tha tn haar
he has gone the whole subject to me be-
fore have concluded; and he has spoken his opn
ions with the utmost decision and undoubng confidence
must consider myself discharged from all obligation TO
give my views upon his suggestions. Ii only when the
mind pauses in approaching conclusion-when an opn-
ion is given with some hestation-hat can hope to
oppose ii successfully by argument When man has
settled his judgment, il would be little short of
madness TO undertake to unsette it, particularly in The
case OF such man as the senator from South Carolina
was speaking of the decision in the case of Prigg
and Pennsylvania-that decision in which the whole
court concurred-a decision which leaves ii longer
be doubted that the constitution imposes obligation
upon the government of the United Slaes and upon that
government only 10 execute this clause of the constu
on The court have decided and the trainers Of the
act OF 1898 so thoughts and apprehend that, until
very recent period there was no question or difficulty in
the mind OF anybody that this obligation resting
upon the United States, and that the government OF
the United States was bound 10 II discharged
1t true that by the ACT OF 1893 certain State officers
were directed 10 act; but this does not weaken
the conclusion furnished by this of the view
cases falling within the ordinary jurisdiction OF the
United States. DO not the laws OF the United States
authorize the of offenders against the laws Of the
United States, and the carrying OF them before State
magistrates justices OF the peace and commitment
for trial by them for offences against the laws OF the
United States Surely they do but ever inferred
that there was concurrent obligation upon the officers
OF the United States and OF the States TO execute the laws
Of the United States. In fact little attention TO what
took place soon alter the organization OF the government
will explain the seeming Inconsistency. There 10
have been in the mind OF General Washington. then Presi
dent of the United Staes extreme desire to guard the
people OF the States against any feeling of repugnance to-
wards the new governments government which had
been strongly opposed to familiarze them its opera
on and TO take from II, far possible the appear
once OF foreign authority executed by officers whom
they had not been accustomed. Hence II was that he,
during his administration, sometimes called upon the
governors OF States to execute duties arising out OIL and
imposed BY the constitution upon the general govern
ment and for this purpose the act OF l7a3 and other
laws, required the magistrates OF the States TO and IN
their execution Afterwards, the State judges held that
such duties could be imposed upon them by act OF
Congress They declined to execute the duties so inn
posed upon them, and in the States stepped in
and authorized the execution Of the laws By their officers
The whole effect, therefore, of the law OF 1898 was TO
make the State officers there mentioned qood hoe officers
Of the United States Whether Congress had the power
confer this authority, and impose this duty upon them
is matter in way connected with the inquiry am
now making The case OF Prigg and Pennsylvania has
established the principle that upon the United States rests
the obligation TO that this provision OF the constitution
is carried into effect, and that that obligation rests upon
the United States alone.
IDefe ~ QneslOn 10 winch tue scndtOI
South Carolina has referred and upon which do not
choose enter because il germane the subject
before the Senate, and il Is not connected with the argu
ment which | propose 10 submit That question is, how
lar the States may voluntarily aid by law the legislation
OF the United States for enforcing the surrender OF fug
tive slaves The decision OF that question in no
way affect my Argument My proposition 10 this That,
according TO the decision OF toe in the case OF Pgg
aud Pennsylvania, the obligation enforce this clause of
the constitution rests upon the United States and upon
the United States alone Then, what is that obligation
The senator from New Jersey thinks that Only requires
that Congress shall pass appropriate laws The conslu
ton does not say The con stution says nothing
about Congress passing appropriate laws The clause OF
the constitution declares that tugves from service
labor shall be delivered up, and the duty according
the decision in the OF Prigg and Penn sylvania,
The United States True, the United States must, in the
execution OF that duty, have recourse TO laws; bot the
passage of laws the part OF the UHted States will not
be discharge OF that d1y, unless they succeed 10 eeoDg
what the constitution requires and that the delivering
mp Of the fugitive II the delivery o the fugitive is
forced the duty is discharged II be not enforced them
what laws Congress may have passed the duty -
not discharged The laws are but means Tor The ac.
complshmen OF a certain end The laws themselves are
insignificant and worthless; they but written pach-
ments, OF value significance than old alma
mac, except as they produce The result which the cons
tuition requires this government to bring about. The
government OF the United States them being bound to see
thai the fugitive is redelveed TO him TO whom his labor
Is DUE u fails TO do IT, and the complains, what
answer is It to him to say, go to the Department OF
State, and you will find well engrossed upon parchment
be, want not your parchment my complaint is that the
tugnve ls not delivered up, and you bound 10 see
mat delivery accomplished The only difference be.
tween me passage oi law and the passage OF law "