Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24

ser, then, with great respect, that the amendment which has
been offered by the Senator from Maryland based upon
correct premises should be glad il some such idea as that
suggested could before said be in some law
for we can settle this question as mere matter of dollars
and CENTS and alay the irritation subsising between the
border States 1t will be desirable achievement II is
of those things in regard which fear the sayeholdng
States have just cause of complaint against u.s. and that too
often the feelings and sentiments of the comunitynot of
my own State for we have little trouble on the subject
any other Sa'e-bu the feelings and sensbiles of the
Northern community such sometimes make il difficult
to carry out the provisions Of the constitution whilst at the
same time they fairly, honoaby and equitaby entitled
10 have these provisions carried But it must be done in
some legal and constitutional ode and really fear that in
voyed in the amendment which we are now Considering is
neither nor the other.
Mr.. BADGER. think myself that the principle Of the
amendment offered by my friend from Maryland (Mr PRArr
is free from all objection The details may require some mo-
dfcations and know he will cheeruy assent 10 anv which
may serve to make the provisions Of his amendment more ac
ceptabe, without materially affecting their value
appears to me- Mr. President that the Senator from New
Jersey Mr DArroS) has fallen into great mistakes in
the views which he has submitted to the Senate In the r
place, the Senator says that this amendments to borrow his
expression, is make he United States the grand en-
doe the discharge, by each and every one Of the States
and by all the citizens Of the States Of the obligations which
they under the constitution. Now sir the amendment
does not make the United States either grand or petty enorse
for States persons binds the United States for the dis
charge Of duties, except those which belong primarily and
solely to the United States That sir evident Since the
decision made in the Of Prigg Pennsylvania it is the
undenabe, undspued, undoubied construction Of the cons
tuition Of the United States that this clause created an obi
CATION upon the United States, and upon the States.
do not myself agree in the opinion which expressed by
the distinguished gentleman from Massachusetts, lately
member Of this body and the head Of the State
partment Mr WEBsrKR that any other construction Of
this clause Of the constitution would have been right orig
naly The view which that distinguished gentleman seemed
to intimate here that this clause intended depend
a. -
in the clause which leads any such superstition 1t is the
provision in constitution establishing Government for the
people Of the United States 1t is stipulation in articles
Of conedeacy league by which the States distinct
corporate bodies or soveregntes or political communities
stipulated to do something for another is part Of the
constitution Of the Government and like every other part
intended to be accompanied by, and is accompanied by
adequate powers in the Government itself thus established to
carry it into execution 1t creates duty upon the Govern
ent which the Government vested with power to execute
and which the Government is bound execute. see no
for suppong that this particular provision Of the
constitution TO be turned to the independent action
Of the States for its execution than any other provision of that
have heard any suggestion which takes
this Of the other provisions Of the constitution and makes
dependant for its execution, not upon the authority Of the
non not upon Congress and upon the conduct Of this Gov
nmen but upon concurrent assistance to be rendered by the
several members of the Union Though such idea was
entertained by the gentleman from Massachusetts, it is evil
that such idea entertained by those who passed
th act Of 1898, who fresh from the formation of the
cohsution contemporanecus with those who made it. and
familiar with all
Mr.. BUTLER Will the Senator allow me-
Mr.. BADGER. The Senator has interrupted me in the
mid Of my sentence How shall get back to it again
and bring it to its end,
Mr. BUTLER wished to make single inquiry.
Mr. BADGER Ipresume my friend had no intention to
nue my argument but he the result Of such
terrpon in the Of young heoician like myself who
fmng his sentences be proceeds and scarcely
cover the position at which he arrested If he will allow
49, n,.b
saying that this act passed by the contempora
ri of the trainers Of the constitution by familiar with
all the discussions which preceded its adoption; and that
among them many members Of that convention which
famed the constitutions among them many eminent
members Of that body To other Mr. Madison
These men, in passing the act Of 1898, recognised in
the provision Of that clause Of the constitution this duty i'm
posed upon the Government Of the United States and they
upon other But whatever might have been the difficulty,
if there had been any doubt pause, hesitation to
whether the clause depended for its execution upon this Gov
eminent, the unanimous decision Of the Supreme Court Of
the United States in the Of Pgg " Pennsylvania, has
set that point at rest forever And now will give way
hear what my friend from South Carolina has TO say.
Mr.. BUTLER My friend reminds me of the remark Of
distinguished and experienced BELLE who said she always
buhed to hear her praises and was therefore afraid to
hear thing said of herself AS the question which was
about PROFOUND may have involved in compliment it
mayhave had produce blush discomfort young
rhetorcan like my friend was about to speak to him
lawyer and anxious see how far he would
qualify the remark he making, before interrupted him.
had purpose of interrupng him. but really to obtain his
precise and considered opinion because suppose he has
examined the Of Prigg and Pennsylvania, and has
formed definite judgment. He has made the broad
assertion that he approves entirely OF the decision in the
case of Prgg and Pennsylvania, which goes to show
that Congress exclusively shall pass such laws design
ed remedy the evil aimed The question which was
about propound this would he hold that il is
situtonal the part Of State pass such laws would
enable the owner to have his slave delivered up him.
State where he is owned Does be approve Of the views Of
the States that have withdrawn their ancary legislation
enforce the article of the constitution have disputed
that Congress might have limited scope Of Legislation
because by the act Of 1893 that Congress did pass laws
carry into effect that clause Of the constitution and that
presupposes that there is obligation upon individual
States carry into effect that clause Of the constitution
Mr.. BADGER. What part shows obligation upon indi-
vidual States, 7 FL a,1
Mr.. BUTLER. The act imposes the obligation, which
derives its authority from the constitution to enforce that obi
CATION and that act imposes positive duties State officers
The Senator has gone far as | have heard
any one, maintain that whatever may be effected by
money may be effected by the United States Govern
ment and believe there no limit TO the propo-
son, because, if is the duty the part Of the United
States Government carry exclusively this article Of the
constitution and the States exoneraed from passing laws
to allow their officers to be employed in carrying the
suon then that part which says slaves shall be delivered
necessarily implies that the United States shall 20 into the
States and compel the slaves TO be delivered up which certain
not required when the Of 1893 passed because
that regards the action Of State officers well those of
the United States Once make il Exclusively the duty Of Con-
gress, and you open wide scope These means
be the sword the latter being accepa
be Sol manan that the decision ohe Supreme Court in the
case Of Pgg and Pennsylvania imposes obligation any
further than choose approve that decision. And in
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