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

enemy against which il was The duty OF The Unled States
TO protect that State Our statute book has abundant in
stances OF rebution made In that form So in the
cited BY the senator from Maryland in which the State
OF Maryland UNIDENTIFIED her citizens against the awess
power OIL mob, while the local police OF the city Of
Danoe eithef was not equal 10 II, or failed 10 do IT.
what is The provision here beg gentlemen TO remem-
Der hal The relation provided for in this clause OF the
constitution is of very peculiar and very delicate
chaIacer-the relation sutsstng between the savehod-
ing and non-slayeholjng States The States came TO.
geher and entered into this compact Before they enter
ed into the compact when The States stood independent
OF each other, and each endued with the power Of
self protection, in what relation did the States stand
Would II have been tolerated, the States standing TO-
geher perfectly independent, that slaves escaping from
one State into another should not be surrendered de-
hvered up Sir no question that II the State of
Pennsyyan OF Ohio standing in the relation of perfect
Independence TO Kentucky Virginia. TO refuse by
compact treaty stipulation TO surrender up these ugi-
liyes il would place those States directly in position
would be, that the aggneved State would take
by commercial restrictions necessary by reprisals,
to indemnify themselves for the loss sustained in con-
sequence OF the offending State refusing 10 and
to surrender the property OF the sister State.
Now say 10 that SENATOR and to the country far
informed OF the feeling OF the people who have su
iered these losses that adequate provision not made
by laws enacted by the federal government 10 protect
them in the enjoyment OF their property, within the
ing oil the constitution, indemnify them for It's loss
they cannot protect them will necessarily result that
they will take their redress into their own hands. They
must do IT, Il is asking too much IMMUNITY It is put
ting too gevous burden upon the people OF the slave
States to ask them to submit to loss OF hundreds and
hundreds OF thousands OF dollars year after year. because
the United States either will not or dare not execute this
constitution.
AS 10 the constitutional difficulty which has been sug.
gesed, confess do not it. see constitutional
duty imposed upon the general government by this clause
OF the constitution The clause Of the constitution de-
cares that when party from whom service is due
into another State, he shall be delivered up claim
OF the party entitled to him, Now the honorable
aor from New Jersey says that the United States have
performed all the duties resulting from this clause of the
constitution, when they have provided remedy. Sir,
a AJAX w he
that honorable SENATOR if it is neectual submit il to
him as gentleman of intelligence, if he say that
remedy, and il il does not deuolve upon to that
that remedy shall be eectua II that will discharge the
duty, mere formal remedy, mere preence upon
the statute book, would be answer TO the claim
for redress for losses sustained. submit to the hon.
orable senator that the duty devolved by the consti
tuition OF the United States if any duty is devolved upon
Congress, 10 protect the citizens not merely to give
remedy but if one remedy will not do, to increase that
remedy IN every possible respect until the remedy is
extent and If results in the end that Congress cannot
provide an efectual remedy that the slaves will
escape remedy being provided. because Of the eff
cheney OF the enactment indemnity shall be given. The
clause OF the constitution is, that the person escaping
shall be delivered up claim of the party. need not
say to any gentleman who jurist who understands
the obligation of law and the obligation of compact or
coveHant, that when State government capable of
exercising its duties and the functions pertaining gov
ernmen assumes the obligations between State and
citizen that certain thing shall be done which, not be-
ing done, the end results in loss to OF the parties
OF the contract is the duty OF the government to
thai IL is done and nothing will relieve the government
from that imperative duty of seeing that DONE other
than providing an indemnity
The senator from South Carolina, LMr BuTLER,] as
understood him. upon yesterday stated that TO impose
THIS duty upon the general government would be TO
make the general government pay for losses that were
incurred, not from any defect legislation, but
Tor defects in the gi,laton of the States The
assumes that the constitution here does impose the
duty upon the general government OF seeing that The slave
IS delivered up but that II recognises that duty in the
States and that being duty devolvng upon the States
only indemnity is to be provided by the States Now,
sir, what is that instrument Ii is compact between
the States devoving duties upon the general govern
ment. IL is not compact deyolyng duties upon the
States, or any sanction by which you compel the
nes upon and giving power government constructed
BY the States for specific object and specific ends
When this constitution declares, therefore, that person
escaping shall be delivered up, IN the very same terms
the government assumes to itself the duty OF seeing
That the delivery is made. The very first Legislation
that took place under this clause a legislative act
devolvng that duty upon the Congress OF the United
States
| understood the senator from South Carolina to
say that the Supreme Court had decided wrongtuy
upon this clause of the constitution; thai the Supreme
Court had decided that the exclusive right of legisatDg
upon the subject OF these fugi,ives vested in the
general government, and not in the States / do not
understand the Supreme Court OF the United States 10
have decided any such thing judcially. The be-
fore the Supreme Court brought up one question. and
one question alone need not tell that senator that
when you are looking through legal decision made by
the court as the last resort. must look only 10 the
ascertain wha, legal obligations arise from it.
The question before the Supreme Court upon the
unconsliutonaty of the law which the State OF Penn.
syvana had enacted, that any person attempted
rest fugitive from service labor, by his own act,
without carrying him before proper judicial tribunal,
il should be felony, and should be punished
such. That is the part of the law of Pennsy wanna
brought under revision by the Supreme Court OF the Uni
ted States citizen OF Maryland had gone into Penn
syvana and applied TO magistrate for a warrant, which
had been refused him. probably had been granted,
and he had possessed the fugitive and the magistrate be-
fore whom he taken refused to take cognizance OF IT,
The benefit OF the law denied, and he then under
Took by the right oil the power lodged IN him, resulting
from the right OF property, TO take off the fugitive with
out OF law The sole question before the Su-
preme Court wac, whether that law OF Pennsylvania,
which restricted the reclamation made in the form pre-
scribed by law, was not constitutional and the
Supreme Court decided that 1t not The Supreme
Court decided that the owner or the agent OF the
owner, had the right to take the slave wherever he
was found, in non-slavehoding State or any 9th.
er. He would have right 10 take him, he would
have right to take any other species OF property,
Now, IL Is very true that the Judge who gave
the opinion OF the court went out of his way is
SAID by the Chief JUSTICE to give his opinion TO the
right OF the States to egsae upon the subject at ALL
He did declare incidenally-but without any earthly oh
legation, as part OF the law OF the land-hst the
sution having invested lis jurisdiction in Congress, it
was exclusively IN Congress, and not in the States,
State authority or legislatures But, sir, another Judge
of that expressed doubt whether the Congress OF
the United States had the authority. The majority OF
them denied by this obuer dteum, VI you please, that
each State had 1t. But of them doubled that the
United States had it, and in the most penary manner.
They confirmed the jurisdiction OF the United States
Congress 10 legisaie upon that subject exclusively by