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

preted the whole idea OF my remarks was arguing no
matter OF pnncipls was arguing qaesoal = plss
and my position ~ wa a' Ia, ssa want law 10 Be t
fully executed, you must conform II IN some degree =
The views q The people over whom II IS 70 Operate
any one deny ms Why, the daily experiences
of this government and Of every othergovemnent that
where laws are epagnaat to the moral OF the PEG
pe il e all but impossible that they should be soIsnty
executed said nothing 10 justify dsobedience only
maintained that the provisions OF this statute for the
recovery OF fugitive slaves conormed the sense
OF Justice OF the community IN which those fugilives
might be found they would be more likely to be returned
to their owners than they would be II the law violated
all those great principles OF government upon which
freemen accustomed TO rely Tor their own personal
security. And such a remark as this cannot be con
strued into any OF respect for the supremacy OF the
laws without the greatest peryersion.
| Mr. CASS rose, but gave way 10
| Mr. YULEE, who said; do not rise for the purpose
OF engaging in this discussion at all but remark es'
capped the honorable senator from Massachusetts when
induces me 10 make inquiry OF him. under stood the
say that Massachusetts, would ASSIST IN any
constitutional mode Of emancipation which may DC pro-
posed. The query which propose to make 49, whether,
in his opinion or in The opinion of Massachusetts there
any constitutional mode by which this federal govern
men may embark IN policy OF this kind .n.
| Mr. WINTHROP. | should be very unwilling to be
concluded upon grave question by an oil hand an.
swer to the nterogatory OF the senator from FLORIDA
say, however. most emphaealy that no one holds
strongly than myself TO the doctrine that, with
slavery in the States where exists, this government
has no power authority TO interfere in any way what
ever hope that this will be satisfactory answer 10
the question OF the senator from Florida.
Mr.. CASS. was merely about TO remark, Mr., Presl-
dent that the the discussion is taking is one not
very hatteDg national character, or to republican
government. had supposed that we were a law. abd-
ing and a law.obeyDg peQVle, and that ihs was me
very OF our Institutions In the prachce OF
all governments monachies or republics IS undoubt-
eddy that laws likely 10 be faithfully exc
cuted they more popular suppose there is no
doubt about that
MIR. WINTHROP, lin his seat) That is all said
Mr. CASS continued But TO maintain--and think
the senator avowed the sentimenthat law cannot be
executed in this country unless it popular and accept
able, wholly destroys that principle OF government and
strikes at the very foundation OF our republican nstu'
Mr. WINTHROP, (in,erposiug) | hope the honor.
able will allow me TO say that never made that
remark
cunstances under which he made his remarks led TO that
conclusion; and | understood him to intimate from the
course OF his remarks. that would be impossible Tor
Congress provide any efficient mode OF carrying into
effect the provision Of the constitution relating to fugitive
slaves .
Mr. WINTHROP, Tin his seat) No, sir; no, sir.
Mr.. CASS. Then | did not understand the honora-
Bile senator. and abandon the subject am happy to have
MI DAYTON Mr. President regret, after looking
into this amendment offered by the senator from Mary
land, Mr. PRATT that | cannot agree with hun IN Inc
view he has taken think appreciate the anxiety
the very proper anxieiy-o those senator's who represent
the border States get effective law upon this sub
ect, and the anxiety particularly OF the senators repre-
seniing the State Of MARYLAND suppose they are ,rou
any other State in the Union, and perhaps, IN proportion
to their numbers more troubled If, sir, remedy
could be suggested by which this question could be sell
lied by the payment OF money, and properly settled
would be happy to in it. But really looking into
this amendment, do not conceive we have the right, or
that it would be proper Tor US to pass IT. IN lhe mrs.
place. well enough, very briefly 10 say TO the Senate
exactly what this amendment proposes, SO lar as under
stand it, Under the original amendment OF the senator
from Virginia, Mr.. Mason the parties are authorized
to 90 before certain individuals therein named, and
give evidence of the escape OF the slave and mat the
claimant is his That evidence may be reduced 10
afoI
the senator from Maryland (Mr PRATTl authorizes the
claimant with this evidence his possession 70 go be
fore these individuals, and make affidavit that thisiug
tive in the county of the commissioner is The property Of
the person herein named. That commissioner is re-
CURED to go on and deliver The fugitive up to the claim
ant II he does not deliver him up TO the claimant
The treason why is not stated no reason is assigned
sufficient for the -delivery-but IT he does not IN
point of fact, deliver him mp, the claimant goes away
He goes, according my understanding OF THIS amend
ment, back to the Stale, and the claimant there N INA.
State, against the district attorney oil the
United States. There IS summoned Jury OF that vcln.
age aud he sets forth in his declaration the facts herein
stated sets FORTH further, that the fugitive was IN The
county named that he had applied tor the fugitive and
the said fugitive had not been delivered to the claimant
as required by the act and the district attorney in the
county from which the fugitive has escaped shall take
issue and try the question; and upon judgment being
rendered for the value OF the slave, cerhcale oil hai
Judgment is to be presented at the treasury OF The
Uniled States, and the treasurer is TO pay the money
That believe, is substantially the amendment II
is an important amendment II is the recognition
of principle not less novel than important IL IS
the recognition OF principle which being recog
missed no man can tell where will end II rs pre-
dcaed upon the assumption that the federal govern
nent stands endorser for all constitutional Obligations
incumbent either upon the States the individuals OF
any OF the States II the States, individuals OF the
Sites fail carry their constitutional obligations,
then the party wronged may apply to the federal treas
ury, and be paid out of IT, Now need not say that the
very that principle recognised as the principle
OF action, will extend over vast ned, and particularly
that which considering | need not Say,
SIR If damages be recovered for the illegal deen-
ton OF the fugitive slave, damages may also be re
covered from the federal government for the IL.
damages are recovered by OF failure TO give to
you the property TO whc entitled under the con-
stution, damages also TO be recovered IN like man
ner when property is taken against constitutional OBJ.
gation under the provision, under the same aT-
Gle OF the constitution which reference bias been made
The citizens of each State shall be entitled 10 all OF the
privileges and immunes OF citizens OF the several
States Why, sir, whenever State, or whenever the
individuals OF State refuse TO discharge Their constu
,onal duties then the idea is that the federal government
be grand endorser. and shall pay the amount due
Sir, il strikes most novel The argument oil the
senator from Maryland Mr. Patti was based upon the
provision OF the constitution that
No person held service labor in State, under
the laws thereof escaping into another, shall, IN oonse
quence any law regulation therein, be discharged tom
such service labor, bat shall be delivered mp on the
claim OF the party whom such service OF labof may pc
due.
Now, il the federalwovenment is to stand endorser for
the default OF the States, when they shall discharge
man by some law regulation within that State, no
shall be discharged by virtue OF any law or egua-
ton in the States but shall be delivered up That Is the
obligation; that is the direction of the constitution.
you say the federal governments TO stand in The gap