The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-23
IN CONGRESS- OF THE q. STATES.
TUESDAY, AUGUST 20, 1850.
IN CONTINUATION.
RECLAMATION OF FUGITIVE SLAVES

The Sepate, as in committee OF the whole having un.
der consideration the bl 10 provide for the eectua
execution OF the thd clause OF the second section OF the
fourth article OF the constitution of the United States
and the question pending being upon the amendment OF
Mr. PRATT as published yesterday, the debate continued
MIR. BADGER think myself that the principle Of
the amendment offered by my friend from yland Mr.
PRATTl is free from all objection The details may re-
Qure notifications; and know he will cheeriulIy
assent TO any which may make the provisions of
his amendment more acceptable, without materially af-
1t appears me, Mr. President that the senator from
New Jersey MIR DAY1oNl has fallen into two great mis-
takes in the views which has submitted the Senate
In the first place, The senator says that this amendment
TO borrow his expression, is to make ..the United
States the grand endorse tor The discharge By each and
every one OF the States and by all the citizens of the
States OF the Obligations which they owe under the con-
situton Now, sir the amendment does not make the
United States either grand OF petty endorser for States or
duties except those which belong primarily and solely
tothe United States That, sir is evident Since the de-
the undeniable, undisputed, undoubed construction OF
the constitution OF the United Slaes that this clause cre-
aed an obligation upon the United States, and not upon
the States DO not myself agree in the opinion which
expressed by the distinguished gentleman from Mas
sachusetts lately amenbe Of this body, and at the
head OF the State Department, mr. Websterl that any
other construction OF Tins clause OF the constitution would
have been right originally. The view which that dis
tingushed gentleman seemed to intimate here was, that
this clause intended to depend for its enforcement
upon the several Staes Sir, what is there in the clause
which leads to any such suggestion 1t the provision
in constitution establishing a government for the
people of the United Sales 1t is not stipulation in ar
ticies OF confederacy or league, by which the States
distinct corporate bodies, sovereigntes, or political
communities, stipulated do something for one another
Ii is part OF the constitution OF the government, and
like every other part, was intended to be accom-
panied by, and IS accompanied by, adequate powers
in the government thus established 10 carry il into
execution. II creates duty upon the govern
ment which the government is vested with power
TO execute, and which the government is bound to
execute. see no more for supposng that this
particular provision OF the constitution be turned
The independent action OF the States for its
ton than any other provision OF that instrument have
heard any suggestion which takes this of the
other provisions OF the constitution and makes depend
en Tor It's execution, not upon the authority OF the
Unon not upon Congress and upon the conduct OF this
government but upon concurrent assistance 10 be rem
deed by the several members of the Union Though
such idea entertained by the gentleman from
Massachusetts, II Is evident that such idea enter
tanned by those who passed the act of 1893, who
fresh from the formation OF the constitution, coienpo-
raneous with those who made IT. and familiar with
Mir BUTLER. Will the senator allow me
Mr. BADGER. The senator has interrupted me in the
midst OF my sentencei How shall ever get back to 1t
again and bring II to its end
Mr.. BUTLER. wished to make single inquiry
Mr.. BADGER. presume my friend had no intention
10 nlure my arguments but he must the result OF such
interruption in the OF young rheiotlcian like my
SELF who is framing his sentences he proceeds and
u can scarcely the position at which he was
arrested Ii he will allow me 10 finish sentence, will
l give way for his inquiry.
saying that this act passed by the contempo
with all discussions which preceded its adoption, and
that among them many members OF that convention
which framed the constitution among them were many
\ eminent members Of that body. To name Other Mr.
\ Madison one. These men, in passing the act of
793 recognised in the provision OF that clause OF the
constitution this duty imposed upon the government OF
the United States and they passed act founded upon
that supposion, and detensble upon no other. But,
whatever might have been the difficulty, If there had
been any doubt, pause, hesitation 10 whether the
clause depended for It's execution upon tins government,
The decision OF the Supreme Cour, OF the United States
the case OF Pngg us Pennsy has sci that point
al rest forever And now will give way to hear what
l my friend from South Carolina has TO say.
Mr.. BUTLER. My friend reminds me OF the remark
Of distinguished and experienced belle, who said she
always blushed TO hear her praises, and was. there
fore, afraid to hear anything said OF herself As the
question which was about to PROFOUND may have IN
voved in II compliment may have had the effect TO pro-
tuce blush and disconceu young rheiorclan like my
Trend was about TO speak 10 him distinguished
qualify the remark he was making, before interrupted
hun. had purpose OF interrupung him, but really to
obtain his precise and considered opinion; because sup
pose he has examined the of Prigg and Pennsy
yana, and has formed definite judgment He has made
The broad assertion that he approves entirely OF the decs
ion in the of Pgg and Pennsylvania which goes
show that Congress exclusively shall pass such laws
are designed TO remedy the evil aimed at The question
which was about TO PROFOUND was thls would he hold
such laws as would enable toe owner to have his slave
delivered up TO him IN the State where he is owned
Does he approve Of the views OF the States that have
Withdrawn their ancllary legislation to enforce the arti
Gle OF the constitution have never disputed that
Congress might no, have limited scope OF legislation
because by the act oil 1898 that Congress did
laws carry into effect that clause OF the constitution
and thst pesupposes that there is obligation
upon individual States 10 carry into effect that clause OF
The constitution.
Mr. BADGER What part shows obligation upon
vldual States
Mr.. BUTLER The act imposes the obligation.
which detives ih authority from the constitution TO en-
loce tha obsanon and that act imposes positive duties
on Slate ohoeI- The senator has gone lar have
eyer beau any ONE TO maintain that whatever may be
effected by money may be effected by the United States
government aud believe there limit 10 The prop
sIton, because, u Il ~ the duty the part OF the United
States government 10 carry exclusively this article Of
The constitution, and the States are exoneracd from
assng laws TO allow their officers 10 be employed
carrying out The constitution, then that part which
taJs slaves shall be delivered necessarily implies
hat the Usited States shall go into the States and com.
vel the slaves 10 be delivered up, which certainly was
required when the act of 1893 was passed. because
hat act ards the action OF State officers well al
hose OF the United States Once make il erciusvety the
uly Of Congress, and you open a wide scope Il
means These means may be the ord or The purse
be latter being more acceptable. So maintain tina
he decision OF the Supreme Court IN the case Of Prlgl
no pennsylvania imposes no obligation any iurthe
nan choose to approve that decision And, m con
b'rung That article OF the constitution am bound TO -
against be proposition OF the senator from Maryland, u
ms amendment because the proposition Itself goes SO ia
s 10 csli lor The acon Of the federal government alone
ne reasoning OF The senator from North Carolina y
eiy wen adapted TO maHtain proposition OF The KIND
he proposition lseli was mainiainable But v seem
me That the proposition iaacous, and not 10 be
~ Ahed by any effort to throw the duty upon TN
edefal government exclusively and to exonerato th
r N carr