The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-22

served shall be tbs duty OF the said attorney 10 take
me SAID deciaialion whereupon shalt be the duty OF the
ney being hereby required deend The same on behalf o.
ohisa states and upon the verdict OF jury in
pe,ent testimony shall be admed by he court iadg-
en snail DC rendered in said for the value Of the
together with the legal enses Incurred by the said ola i'm
am 70 the prosecution Of his said claim;
Sko - Had Dc u further enacted, That II shall and may
oe Tor any claimant who may recover judgment as
Aforesaid 10 take authenticated copy thereof and
United STATES who hereby authorized aud dreelea % pay
Appropriated,
suppose that the amendment which have had the
honor TO offer for the consideration of the Senate has
been read by almost every senator present. And 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 has fugitive slaves when the slaves have escaped
from the State an which the resides TO any other
State IN this Union. The clause of the constitution is
in these words:
No person held service or labor in one State under
the laws thereof escaping into another SHALL in con SCI
quence Of any law or regulation therein be discharged
Hom such serves oe labor, but shall be delivered up
Giam oil the pa'Y 10 whom such service labor shalt be
due.
Here is. then an express constitutional provision and
direction That the fuglve slave who shall thus escape
shall he delivered upon the claim OF the party TO whom
the service labor is due Now, sir If there had been
no which is To be construed consistent with
hs constitutional provision, no decision of the Supreme
Court OF the United States giving construction to this
article OF the constitution and the legislation made in
conformity with It, 10 carry il out, there might
doubt as 10 the party upon whom this oblg alton i'm
posed But Congress, in 1893 passed the law TO which
reference was made yesterday. by which Congress
clared that the master shall be entitled his fug
tive slave wherever he shall escape from him into an
other State OF the Union Ii then makes the duty of
the master to lake the fugitive slave he has seized be-
tore agsrale, and il makes il the duty OF the mags
trae--no as the senator from New Jersey supposes to
summon jury TO decide upon the rights OF the master
but makes il the duty OF the magistrate before whom the
servant is taken by the master to determine the
rights OF the master and then the obligation imposed
upon the magistrate 10 a certificate 10 the master,
who is TO be entitled consequence OF that certificate
to carry him out OF the State to which the fugitive shall
escape To the State IRON which he has escaped.
Now in connection with this Constitutional provision
and the act OF 793 The consideration OF the Senate has
been already called. upon than OCCASION to the
decision OF the Supreme Court OF the United States
the case OF 'tPngg Pennsy lvaaia And the Supreme
Court in that decided that this constitutional pro-
VISION and the act OF l793 imposed obligation upon the
federal government to discharge towards the master the
duty which is imposed by the constitutional provision and
the act Of 793 of delivering TO the master upon his claim,
hs fugitive from labor or service; But the Supreme
Court OF the United States further decided that all State
laws passed in reference 10 this constitutional provision
are unconstitutional that they could not appoint any
State ofcer for the purpose OF executing this provision
that II exclusively the duty OF the federal government
10 execute this obligation, imposed by the clause OF the
constitution to which Ihave referred.
Now, the amendment which have had the honor to
propose IS predicated upon this proposition That here
clear distinct and manifest Obligation imposed by the
constitution in reference to property, recognised prop
erty by the constitution, TO deliver up 10 the owner OF
that property the property ITSELF when demanded by the
owner. And the resulting consequence from the neglect
TO perform that duty obligation upon the party upon
whom 1t IS imposed to pay for the property il they neg
lect to discharge the duty Now, apprehend that no
proposition can be clearer than that when any competent
authority imposes upon an individual binding, legal
obligation to do particular thing deliver up TO in
dlyldual property that belongs to hm-ihe discharge
on the part OF the individual OF the duty imposed
cessarily devoves obligation this individual
pay the damage or loss consequent 10 the owner Now,
apprehend that there is no legal mind in the Senateno
member OF the Sc, aewho will deny this proposition.
And apprehend Also that the further proposition
be denied that il would be binding, the obligation
being imposed upon individual, il would be binding
If the same obligation in the same manner be imposed
upon the federal government Here, then, have made
out think that under The constitutions and the
ton OF that constitution by the Supreme Court of the
United States the OF the United States had
assumed the obligation 10 deliver the of ugi
tive slaves these slaves, whenever demanded BY the
owner
Now, say that mind, il appears TO me- resist
the conclusion that the Noncompliance OF the federal
government with this obligation would necessarily force
upon the federal government the obligation TO pay The
master for the loss that he may sustain by OF this
derelchon OF duty upon the part of the federal govern
ment Now, the principle OF this amendment is based
upon thus theory.
II can claim the indulgence OF the Senate, would
be glad TO call their attention for lew moments 10 sub
ject which has been under discussion embracing part
oil this for the last months Tor the purpose OF show
ing that the amendment which have proposed Is one
that would tend eHeclually to establish peace and
harmony between the two sections OF the country than
any OF those hitherto acted upon in this body Ii
well said by the senator from Massachusetts, Mr. WIN
THRoP that there were persons, both North and South,
who desired the separation OF this UpIon-who desired
the destruction OF the federal government Those North
have been sctuaed by the desire abolish slavery tbe
disposition 10 destroy the government growing out oil
the proclaimed fact upon their part that the govern
men protects the master in his rights TO his slave
property. This then the fanatic opinion OF those
North who desire destroy the government OF the coun
try Now, there class OF persons South who, IRON
the exact opposite of the which have induced
those North to entertain such opinions, also look &c
the government OF the country with ess veneraon than
they formerly did And some OF them think that the DIS
solution OF this Union would be advantageous 10 the
South because this description OF property would be bet
protected under separate southern government than
IL is protected under the federal government And
why Why in sooh, the great danger 10 the lnsti.
tutons OF country has grown out OF the fact oil the
daily excitement which is produced here and elsewhere
upon this subject We find petitions flowing in here
daily from the northern sec ton OF our Unlon asking
that hi. property belonging to the South be rendered
less 10 them
Il be recollected by here that the value
OF this property is estimated al 81 500, 100000 Now
when tins is brought TO the consideration oil the Senate
when members consider that here is portion OF this
country owning description OF property valued al
81 900 900 900, and the attempt is made here to induce
stale Of public feeling by which this large amount rs
10 be rendered vaueess to the owners, they cannot
help seeing that there just for excitement upon
the part oil the South Every knows ha, the exist
ing awsths act OF 1898, and the constitutional provision
which have called the attention of the Senale-have
adequate to produce safety to the South in refer
ence TO their slaves who have escaped from them.
Now, the question submitted TO the Senate by the
amendment which have offered is, whether they are
willing 10 proiec, the South in this admitted constitutional
rght--whether, II they do not pass laws sufficiently
al. .f,,.N the Al.