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

Isvisative and OF a judicial character Congress doe
every thing the constitution places upon but If th'
remedy is Dehcent Il does not 20 further II supplies
be troops protect the fonteIs bur il, in defiance Of
that the frontier settlers house is destroyed he does
come and apply Tor damages. There is no such prn-
eiule The government says distinctly, that wheneye
damages done 10 ffontier settler through his
directly Indirectly he is TO sustain the loss For IN
stance, il the government, by placing lis troops in the
nep hboIbood, brings ~ IN contact with depredatons
whether il has done the act either with its own
troops indirectly by bringing upon II the Hostility of in
dyduas, Il sustans the damages but where the govern
men does nothing at all 10 provoke hosles. ii leaves
The settler 10 his wrongs II pays him no damages And
this principle now runs through all the appropriations we
have made IN reference 10 Florida depedaions. There
are vast number OF depredaons now for which, al one
time claims were made upon the government; but the
government paid nothing, unless the settlers could show
that the government itself had directly indirectly been
The cause of the act There is therefore, no such pra.
cpe that upon which the from North Carolina
pedicated his whole argument The analogy falls to the
ground But do not wish 10 consume time about this
matter have said these few words only for the purpose
OF putting this matter IN lis true light.
MIR ATCHlSON. The senator from New Jersey is
certainly wrong upon point He says that the United
States not responsible by any law, International mum.
cpal, constitutional, indemnify a citizen of any Of
the States OF this Union Tor depredaons committed by
the Indian tribes or by Indians IN amity with the United
States Now, sir, admit the principle that if the United
States at with Indian tribe and depredations
are committed houses burned and horses stolen then
is OF the incidents oi war Tor which the govern
ment not responsible But sir, if single depredator
or half dozen Indian depredaors from any tribe come
within the limits OF any State of this Union, and burn,
steal and destroy properly this government does hold it,
self responsible by solemn enactment Ii has been the
law since 1902, and recognised by the government
The State OF Kentucky and the State OF Ohio are at
peace There is no going between them, and yet
is solemn truth that depredatons committed by the
citizens OF Ohio upon the property OF the people of the
State OF Kentucky. believe 1t has been admitted all
hands-at least have heard one con,rovert t-thal
such amendment as that proposed by the from
Maryland Well that question being settled and dis.
posed Of then IS mere matter OF expectancy and OF
Justice the part Of the United States government
indemnify under such circumstances. Theoenator from
New Jersey well knows that depredatOns 10 the amount
Of hundreds OF thousands of dollars committed upon
the property OF the people OF The slave States OF this
Union annually
am in favor OF the amendment for two reasons, and
is this believe that il would in great degree
check this species OF larcsny-hs stealing Of negro
property from the border States; for those who do it
only few. Very few of the citizens OF the free
States are guilty OF this enomty, this crime upon the
border States. But yet there are enough OF them en-
gagged in this business 10 make it matter OF i'm
portance to the people OF the border States They
init these arcenies fortwo One is deadly host
y the Shareholder and the other is through feeling
OF sympathy and philanthropy, or by whatever other
name it may be Called for the slave II is to render the
slave service, and to do the master injury Now, if
you will indemnify the for the loss of his property
that has been stolen from him, then the first inducement
hatred hostility to the STAKEHOLDER ceases and then the
reason ceases II the government indemnfes for the
loss of the STAKEHOLDER out of the treasury of the
United States, this powerful motive that operates upon
negro thieves will For this reason, am decided
in favor of the proposition submitted by the senator
from Maryland. believe that not half the depredatons
that are and have been heretofore committed would
be committed in the future.
Mr. FOOTE. lido not intend, MIR. President, to enter
into extended discussion OF this subject The State
have the honor part TO represent has not special
interest in This matter the border States have been
willing and than willing, 10 defer the Judgment
Of gentlemen representing the border States here and
inclined TO give my and and support TO any measure that
might originate with them, which they might suppose
would prove efficient for the attainment Of the OBJ
ect desired 1t is therefore, not my intention by any
10 occupy The attention OF the Senate at present
with any extended views OF my heard the argu
OF the honorable from North Carolina yes
lerday; and then thought il was complete and unan
swerabe Nor do think now that one single position
that was taken by him has been In the least degree
shaken by the able reply OF the senator from New Jersey
who has undertaken 10 Iefute them this morning My
views OF the matter can be briefly expressed They
these In accordance with the argument OF the honorable
senator from North Carolina maintain that there is
absolute obligation the part OF the federal government
10 that fugtives from justice and from labor
stored to the States from whence they have fed Nobody
will undertake TO dispute that that obligation absolute
Those who framed the federal constitution believed as
certainly believe that the federal government with the
power bestowed upon il by the constitution, would be
able carry into effect this particular clause. They be-
heved they had supplied the government with adequate
for the enforcement OF this provision OF the cons
tuition. | am satisfied that they not mistaken upon
that point that this government Is sufficiently potent TO
justice the shareholders of the South IN con
Il
experience has far demonstrated the facthat law
can be devised that does not contain some such
feature as this which will prove efficient AT
any rate, all will acknowledge that no law here
tofore enacted has proved efficient. | entertain a
confident opnion--I do not know how any one can
doubt the correctness OF that opmon-hat no law that
shall devise will prove efficient unless il coatans
some such provision this feel satisfied that ii this
amendment shall be adopted and shall become part OF
the law that trust shall shortly participate in the
actmen of, will prove efficient for that purpose. Then
If this government shall neglect 10 perform its duty
this matter and pay obedience 10 the absolute obga
ton imposed upon by the constitution, II not Just right,
and proper that those who suder from this criminal
ton upon this subject should be recompensed by this
government, not simply account of having lost prop
erty but having suffered by the mschievous and criminal
action of this government-by the failure OF this
government 10 perform its duties under the constitution
This being my view OF the matter, | cannot hesitate TO
vote for this amendment do not the least ground
upon which TO raise plausible argument against the
stiuionality of this proposition. In my opinion II is
grossly unconstitutional for the government not TO devise
proper means for obtaining this property So lar
non action can be denounced unconstitutional, |
shall be prepared to denounce failure OF The govern
ment 10 provide such law this, unconstllu
hona, epugnant TO the spirit and provision OF the
constitution.
strange character, although not very surprising after all
lhe scenes have witnessed here during this session
The same combination upon this matter presents ITSELF
we have upon other questions that have up
before us. Northern gentlemen having conscientious
scrupes upon this subject, really believing that IL is
as ms or agreeing with southern gentlemen that the
constitution does not authorize Congress to adopt such
law as ,his dec are their unwillngness TO sup
port oil this amendment. And southern genemen-some
oil nose VINO are most Jealous, from time time in their
complaints OF the wrongs done to The Souhbe suffer
ing Soulh--some OF these gentlemen who have 6gured