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

proposition repeat IL, that the federal government is
bound, under the provisions OF the constitution, 10
that each State shall deliver up fugitive from labor
in default of performing this duty, that will then be
incumbent the government 10 set apart its treasury
insurance office for the good OF the party thus suie
ing the loss That is his proposition and let HIM say
what he WILL he cannot disguise IL II is TO make the
Igovernment underwater for the loss OF fugitive
slaves ! may take this as very extravagant prop
osition; but others may, Tor aught know, thlnk y
pcrpeecy reasonable AT all events, must be allowed
TO say that appears TO me to be very novel PROPOSE
ton-a principle OF legislation. And the same
clause of the constitution which he has thus construed,
and which, according 10 his notion, imposes such oner
Gus duties upon the federal government, is IN uxlapo
son with another and may be permitted to Illus
trate the construction OF the by the construction
of the other Take then, the OF fugitive from JUS
tce who burns city or commits any other serious dep
relation upon property State and fees into another
State tor refuge, and that State ino which the Grim
ina has fled puts at defiance the equson OF the State
whose property has thus been destroyed and reduced to
ashes, The honorable from North Carolina says
that would be the duty OF Conges to require State
into which criminal has fled to deliver him up; but in
the event of his not being delivered up, i follows as
matter OF course, from the argument adducei by the
honorable senator, that Congress bound to make good
the loss by ndemniyng that State for the city burnt down
such conclusion, he avoid and thus the tede
raj government is to be Office of insurance. under
may sustain, because another State fails to perform its
constitutional obligations. will take another case by
exactly suit the honorable gentleman, or may come
within the province OF his proposition Suppose that
slave should burn down houses commit great depreda
tons before leaving his masters State, to repair which
would require sum far beyond his own value, and
should flee into the State of New York. under the opinion
that the executive would deliver no charged with the
crime OF stealing over to the State asking Tor him
suppose, repeat, that slave, in addition to his own
value, had subjected his master and the community in
property and % The executive Of Ss State Of New Yok
say New York merely for the purpose OF Illustration
should refuse to deliver him up, what is TO be done Ac-
cordng to the argument of the from North Caro-
lima, you have only to frame system of laws, and say
that the federal government shall be good for the loss
off which first referred in regard to fugtves
from justice, and il imposes upon Congress no more than
the power OF making such legislative regulations as will
enable the different States to carry out that article,
one between another, leaving the States to perform
the duties prescribed under the obligation OF good
faith Whoever has heard OF such proposition until
this time There may have been no adequate occa-
for it, Sir, the bare proposition has never before
been put forward, that if of the executives OF the
different States should refuse to give up fugitive from
JUSTICE Congress could go there with armed force
and compel that State TO comply with the requisition 1t
is new mode to compel compliance with the obliga-
ton OF good faith and the obligation to deliver fugi-
tive from justice, well fugitive from labor is one
which addresses itself the good good faith and
justice OF confederate to another On this subject
will refer for instant TO the authority of Chief Justice
fancy, who has expressed his views upon this subject
in terms much better than can do. have the authority
OF that dstng ushed gentleman and also that OF the DIS
tngushed gentleman now at the head OF the State De-
partment IMr Webster,l and of many judges OF the
Supreme Court on this proposition; and believe that if
the question involved in the decsian already given, and
plausby argued by the senator from North Carolina,
again before that court that decision would be
srced to the point really adudicated respect the SEN
aor from North Carolina for hs ingenuity, aud tor wba,
may term his ability but II is ability only 80 far as re-
CARDS the power OF announcing his own views II is not
ability lar regards proper and just view OF the ar
tces OF the constitution brought under the sanction OF the
law: But sir, hear Judge Taney upon the subject. So
far from maintaining that the States prohibited from
interfering by legislation protect and aid the master, the
learned Chief Justice says:
They prohibited but, the contrary, it is
when he IS 10 obtain possession Of his
found within their respective territories.
There the view OF the Chief Justice. entirely
cordance with the uttered the other day by the gen
tleman lately representing the State OF Massachusetts in
this body Mr.. Webster and which the senator has
thought proper to controver But sir we are at points
on this original question and far regards that point,
cannot agree with the senator from Mary land And
although that point did not hear the senator from
New Jersey express his opnion think on the other
question, that in slave should escape the federal
government should make good the loss in money, that
honorable gentleman expressed himself in way which
must strike the mind OF every one as clear and sensible
might, however, give another view OF this question;
and that that il once you allow by this prospect OF In
demnity BY the government, the of slave to be
relieved from the absolute necessity OF either obtaining
his property OF suffering the loss you destroy essen
tally all incentive to pursuit When slave IS gone,
and The master hnds he cannot Obtain possession OF
hm-and that with the master will often be mere
matter OF opinon-wbat is he to dor Why, sir, some
men who might not be very conscientious, or who
might be pery Conscientious, looking 10 the higher
law-for some mems nature differs IN this re-
spect-some might go, after very little effort to
recover the slave, and that they had made all
proper exertons for his recovery, and with provision
OF this kind they would rest perfectly coniented with
the smallest modicum OF eyerton which would satisfy
their conscences. ! am speaking now OF those who
supposed TO be honest But. sir. there are.
too. dishonest masters, who might make colusions
obtain an overraied value for hem and others, again,
who, while they would not have any coluson with
their slaves might still be willing that they should escape,
knowing that they would be paid for them by the federal
government. And that, II to is the most
obvious mode OF inducing slaves to escape, and is OF
the modes of emancipation which enthusiasts would
hail with thanksgiving, and the only guard against II
would be that many slaves would escape 10 the non
savehodng States that the people there would be obliged
to expel them. IL would increase the evil, too, IN the
border States which would be emped oil the slaves
there, only 10 make way for others This might not
be immediate effect OF such provision but there be
and the federal treasury would have to pay every year
more and more, for what Why, because the master
who loses slave is be paid the value OF him by the
federal government, provided he cannot obtain him and
the government is to make good the loss which arises
rom the fault OF the Stale which chooses by lis author
ties, give him refuge and protection have heard OF
principle of law that every hundred should be good for
any robbery committed IN it, and good law il might be
And you make the States into which the fugitive has
fled liable for his loss, there might be reason IN H. With
such law you would make the States interested IN rem
derng up these ugtves But by adopting the provision
suggested you would destroy that principle altogether,
and throw the whole upon this good "mllcn cow, The
| federal government.
| have, Mr.. President taken up more time than | at
first intended but the proposition is the most eyravagant
/ lpnel | hayp hear here