The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-25


Surely Mr. President the senator from New Is,se
eoaiu MOI nave eAamiRed with his usual care the amend
ment 10 which he has urged that objection; because il
expressly made The duty OF the district attorney OF III
United States who is made the defendant ia The suit
protect the interest OF the United States What then,
ne ooiged 10 DO IN order TO conform TO the duty se
imposed upon nm He knows by the declaration re
CURED 10 DC nleu al the commencement OF the suit upoI
winch the verdict is TO be rendered that one oil the issues
rs whether the master made application 10 the prope
ohcer Tor the delivery of his the State into which
thai servant had escaped, and whether The servant
within the baliwck OF the officer the time he made thu
demand This, then, IS OF the issues to be tried b.
The lury--a Jury summoned IN court OF The United
States the defendant being officer of the United States
Why, sir cannot but think the senator will see tia
this objection is certainly taken from under him. Be
cause where officer OF the United States is made tn,
defendant whose duty is to defend the rights of h,
United States, and when of the issues to be tried is
whether The master made application 10 the office
OF the United States Tor the delivery of the servant
and whether the servant was within the bailiwcL
OF that officer at the time the demand was made canno
De believed that this officer who is TO ACT the part
the United States would not have all the witnesses there
| necessary for The defence
But sir, turning from this objection in reference to the
details oil the bill, come to the objection which the
aor has urged TO the principle, he terms it, of the
amendment and IN regard to this he has reiterated the as
seTtion that the principle OF my amendment make tn.
United States the endorser upon this subject for all thu
defaulung States Now, II the senator will give me his
attention, and do not convince has mind that he wrong
IN this would consent almost 10 vote against the amend
ment which | have offered Unlike the senator from
South Carolina, lNlr BuTLEa] who addressed the Sen.
ate upon this point yesterday the from New Jer
se take II for granted believes that he governed and
ought to be governed by the decision of the Supreme
Court of the United States in reference to all constu
iiona questions suppose that is the doctrine of the
senator from New jersey Now, what is the meaning OF
being the endorser ~ What ia the idea he designed 10
convey Not of course, an endorsement as we under
stand IT, commercially speaking but he that the
United States assume Liability which properly belongs
MIR. BUTLER. 1t is perhaps right that | should state
here (wih the permission of my friend from Maryland
as the proposition stated yesterday has been referred to
that said that was willing to be governed by the de-
cislon OF the Supreme Court in the case of the Common
wealth of Pennsylvania Prigg far regards the
only question adjudcaed but not beyond that, and
ted was the one decided by Chief Justice fancy.
:, Mr.: PRATT. | understood the senator from South
Carolina yesterday to say in reference to that decision
that he wond be governed by i only so far as be con-
sidered right and good law That, however, not the
doctrine OF the senator from New Jersey. He believes
That the Supreme Court Is tribunal appointed by the
constitution Tor the purpose OF deciding constitutional
questions and that its decision in regard constitutional
questions is final and conclusive.
Now, the proposition OF the senator from New Jersey
49, that The United States the endorsers for the default
ing States; that 49, that they assuming liability
only belonging seconday TO the United States, and prl
marily 10 the States themselves. The senator cannot
read the case of the Common wealth OF Pennsylvania u.s.
Prigg without admitting that the Supreme Court have
there decided that this constitutional obligation TO deliver
up the fugitive slave To his master obligation
imposed on the United States government alone, and
that not only have the State governments such
obligation imposed on them, but that il is unconstiiu
ona for the State governments exercise any ursdic
ton in the moer. defy the senator from New Jersey,
he has read that decision, 10 deny tia, IT is as have
stated il 10 be. Therefore have these propositions,
which are conclusive upon the argument made by thai
senator: FIRST that the Supreme Court has decided thai
there is no liability primary secondary, the part OF
the State governments, and consequently that the un
tep States cannot be assumed To hold the attitude OF an
endose for the States because oaly the States
bound 10 discharge the duty IRON which the abl
ity arises, but according to The Supreme Court, they
haua thhuftn al Vha
preme Coun have decided that any law passed by STATE
IN reference 10 The discharge OF this supposed liability
which the proposition OF the gentleman IS predicaied
would be an unconstitutional law, and therefore VOID
Here then, instead OF the federal government being the
endorser Tor the defauhng States the federal govern
meht, under the constitution and under the decision oil
the Supreme Court, the original deia1ters themselves
and the only defaulers; they no, 10 be placed
substitute for the States Tor they the only party who
were primarily or secondariy liable But the senator
that no law involving the principle OF this amendmen
has ever passed. And IL said TO me this morning
by friend very politely, thai he could not support my
anendmesi because i was foolish amendment and he
Mr. DAYTON. The senator did not hear me say SO
| Mr.. PRATT did not impute il to you.
| MIR. DAYTON. You were speaking in connexior
with my Argument and il mia hit be so understood
i Mr.. PRATT Il was about to remark that the propo
siton involved in the amendment may be new 10 To,
minds OF some senators, but 10 4 is not a
Some gears ago lawess mob in the city OF Baltimore
uncontrolled by the city authorities destroyed the prop
erty oil some OF her citizens. In England whence ou
OF derived, lnc Guy would
liable Tor the damage thus occasoned but there being
such law IN STATE the injured parties applied 10 tn,
legislature OF Maryland, and they at once assumed that
Maryland bound TO protect the lives and proper,
OF her citizens, she also liable for damages arising
| from the non compliance by her with that obligation
when she did not employ sufficient force to insure thai
end. That is The principle she adopted as sovereign
State, and il principle which should be ngrafted Of
every republican government. Every citizen of repub
lie should feel that hige and properly are fully protect
ed BIZ the government under tOhi6h he pt Nothing sbor
OF this will insure the allegiance OF the citizen add tn
consequent perpetuty OF the government Now, Is no
this occasion Tor the application OF that principles TIL
senator from New Jersey says that such case has neve
occurred before know OF hundreds oil them Let me sug
gest Under the late treaty between The United State
and Mexico, the United States have pledged themseye
10 protect for certain PERIOD the people OF Mexico from
the depredauons OF the Indians believe that is sub
stantsy the compact in the treaty Now, suppose tb
United States did not afford this protection and that th
Indians were 10 20 there. and. by depredaions III
lars worth OF property, would the senator contend tina
The United States would not al once ray them
i Mr.. DAYTON. VIII the senator permit me 10 inter
rupl him
II Mr.. PRATT yielded the floor
i Mr.. DAYTON But suppose that the government
were 10 carry out the obligation OF the treaty. and wen
10 put Sufficient number OF troops there for the defence
OF II, yet by kind OF accident Mexican house
10 be bunri Mexican property Lost, does the
ator say that the Mexican could call upon thi
government to be responsible for the damage for sup
plying the proper delences
| Mr. PRATT That is the very case was about 4
put Suppose that the United States send what they deen
sufficient number OF troops for the purpose OF carrying
out this treaty obligation on their part but suppose ttos
troops before they reach the frontier, seized by
American mob, and shut up prison 10 be unabl
to reach Their destination would the United States ihe