Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24
REcAPTURE OF FUGITIVE SLAVES.
liz SENATE, AusUsr 20, 1850.

In SENATE, AUsUsr 70, 1850.
The Senate having under consideration the bill to provide
for the escua execution Of the third clause Of the
cond section Of the fourth article of the Constitution Of the
United States 4 #
The pending question the amendment offered by
Mr. PRATT authorizing the Of fugitive slaves in
where recovery is hopeless obtain compensation fol
for their loss from the Treasury Of the United States
Mr.. PRATT. suppose that the amendment which
have had the honor offer for the consideration Of the Sc
nate has been read by almost every Senator present. The
Senate will perceive that proceeds upon this hypothesis
that the constitution Of the United States imposes upon the
Federal Government the obligation TO deliver to the master
bis fugitive slave when the slave shall have escaped from the
State within which the resides To any other state Of
this Union The clause Of the constitution Is In these
words -
emo person held to service labor in State under the
laws thereof escaping into another SHALL in consequence OF
any law regulation therein be discharged from such SER
vice or labor ba shall be delivered up on Clam 81 The party 10
ghom snch service or labor may be due"
Here is an express constitutional direction that fugitive
slaves who shall thus escape, shall be delivered up upon
claim Of the party whom the service labor is DUE Now
sir If there had been decision of the Supreme Court CIV
ing construction to this article Of the constitution, and if
there hal been legislation in conformity with il, or TO
to carry out there might be doubt as to the party
upon whom this obligation is imposed But Congress In
1898 passed law which reference made yester
day. which Congress declares that the master shall be
titled TO seize arrest his fugitive slave whenever he shall
escape from him into another State of the Union. 1t then
makes il the duty of the master to take the fugitive that he
has seized before judge committing magistrate makes
it the duty Of the magistrate the Senator from New Jer
sey mr. DAYToS and others to suppose to summon
jury determine the rights Of the MASTER but makes the
duty Of the judge magistrate before whom the servant IS
taken by the MASTER to determine as to the right OF the mas
tei and then the obligation imposed the judge
gstrale his certificate to the MASTER who is entitled
by virtue Of that certificate carry the slave from the State
into which he had escaped back to the State whence he fed
Now in conne1on with this constitutional provision and the
If hoG oJu
directed upon than OCCASION the decision and the
Supreme Court of the United States in the of the Com
monweath of Pennsylvania VS.. Prigg, and the Supreme
Court that case decided that the constitutional provision
and the act of 1898 impose obligations upon the Federal Go
discharge towards the master the duty Of deli
veng the owner upon his claim, his fugitive from labor
service and the Supreme Court further decided that all
State laws passed in reference to this provision uncons
uona that they could not appoint State officer Tor the
purpose executing this provision and that it is exclusively
the duty Of the Federal Government to execute the obi
cation to which have referred. Now, sir the amend
ment which have had the honor to propose is predi
Gated upon this proposition, that where here, there is
clear, distinct manifest obligation imposed by the consu
ton in reference to property therein recognised as SUCH to
deliver up that property to the owner when claimed by him.
there follows consequence OF neglect perform that
duty obligation the parties upon whom II Is imposed TO
pay for the property appehend that proposition be
clearer than this that where any competent authority imposes
individual binding, legal constitutional obligation to
do particular thing, deliver up to individual property
which belongs to him. that from the nodlscharse upon the
part Of the individual Of the obligation imposed there
would necessarily result liability the part Of the ndv
dual pay the damage loss consequent to the
think that there legal mind in the Senate, member
Of the Senate, who will deny this proposition IaPprehend,
ALSO that the further proposition cannot De Denied that where
obligation imposed individual binding, the
obligation would be binding imposed in the language
upon the Federal Government. Here, then, have made
out think that under the constitution, and the construction
Of that constitution by the Supreme Court Of the United
States the Government Of the United States had assumed
the obligation deliver the Of fugitive slaves those
slaves, whenever claimed by the owners Now, say that
mind appears TO me, dissent from the conclusion
that the compliance by the Federal Government with
obligation SO imposed would necessarily deyove upon the
Government the obligation to pay the master for the loss
which he may have sustained by Of this derecon Of
duty the part of that Government The principle Of the
the amendment is based upon this theory.
II might claim the indulgence Of the Senate would be
glad for very few moments call their attention the sub
ecor Of the bectwhch has been under discussion
for the last months, for the purpose of showing that the
amendment which have proposed which would tend
eectuay to establish peace and harmony between the
two sections of the country than any of hose hitherto acted
by this body. 1t well said by the Senator from
Massachusetts, Mr. WsTHRos) yesterday, that there
people, both North and South, who desire the separation of
this Union and the destruction of the Federal Government
Those the North have been acuaed by wish to abolish
slavery and their desire destroy the Government proceeds
from the proclaimed fact their part tina! the constitution Of
the United States protects the master in his right to his slave
sh slavery This then the fanatic notion Of those persons
the North who desire destroy the Government Of the
country Now there's class of persons at the South ho
for the exact opposite Of those which have induced
Northern to entertain these opinions, look to the Co
vernment of the country with like aversion, and think that
dissolution of this Union would be Of advantage to the
South because this description of property would be better
protected under separate Southern Government than ID
protected under the Federal Government And why,
sir Mr. President, these dangers the institutions Of
country have grown of the daily excitement which
tempted be produced here and elsewhere upon this subject
We find petitions flowing here daily from the Northern
lion of Union asking that this property belonging
the South shall be rendered useless them 1t must be
collected by Senators that the value Of this property thu
South is estimated ,O0O.. Now, when that i
brought the consideration of the Senate-when members
reflect that there is portion of this country owning de-
scrpon Of property valued 900, and that daily
efforts made here induce state of public opinion by
which that large amount opropery is to be rendered value
less they cannot help seeing that there is for
element the part of the South Every knows tina
the constitutional provision and the Of 1898, which
have called the notice Of the Senate have not afforded
adequate remedy the South reference their slaves who
have escaped from them Now, the question submitted to
the Senate by The amendment have proposed u.s. whether
they willing protect the south in this admitted cons
tuona right and if they do not pass law sufficiently eff
cent to carry gu. the obligation the part Of the Fedora
Government to deliver TO the his slaves when they
cape whether they will not pay the out Of the Golfers
OF the national treasury for the noncompliance with that OBJ
igationl ".@..
Some years ago when was Governor Of the State %
State interested in the subject Of the pre-
sent bill than any other State the Union, and with Viz
gna and Kentucky, and perhaps Tennessee and Missouri
the only States which interested practically in the bill
various attempts made by me in my executive capacity
enforce the rights the citizens of my State under thu
act OF 1893, and under the constitutional provision. Th