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

will pay Of the value of those fugtive which,
by reason of higher law or some other they are unable
to reclaim The South, hope, in that spirit OF harmony
which has heretofore governed their counse and which,
hope will continue govern them, will agree accept this
the only in the power Of the Government by which
the constitutional rovson in reference to their rights can be
executed II pass this law there will cease to this
element regard fugitive slaves, either in Kentucky Vr-
gna Maryland, any Of the States who are subjected
their loss because then the masters 60 the State into
which their slaves have escaped and by pursuing the
indicated in this amendment if the officer of the Government
does not discharge his duty, If the Government Of the United
States will do what il is pledged by the constitution do
then the right given them TO come back the Government
and say You refuse neglect comply with this consti-
utonal obligation; now pay US for the loss we have sus-
taned.'
Ihave heard it minated that may be objected that un-
der such provisions persons nhe Southern States might
voluntarily suffer their negroes to escape This be
sound objection because the is make an affidavit Of
the involuntary escape Of the slave He is not only to do
that bat he is institute suit for bis recovery after his
nondevery by the officer Of the United States Govern
en and is by legal and competent proof (oher proof
therefore, than his own testimony in the circuit court be-
fore jury summoned by that tribunal to show that he made
the demand for his whilst he in the baiwck Of
the officer whom he made the demand and he Is also
prove that he is his slave by testimony which shall be admit
ted by the judges Of the court to be competent such proof
But sir no candid man, who will look this subject can
say that there any danger Of abuse to be ppehensd
this source because say that there say that notth
standing the violation Of his oath invovedor that is the
supposon-he is willing incur its responsibilities for the
purpose Of manumi.tng his servant and getting pay
for him The master who could be kind as to entertain
strong desire for the manumsson Of his servant would
be good to take false oath and man who desired
obtain money for servant which he had IN bis possession
and could sell any moment, would resort to this means 10
obtain his value when it could only be done after tedious
litigation, and the requirement OF proof which he might be
unable to furnish No would suffer his slave volunta-
y escape for the purpose Of obtaining, through the me-
dunn Of this amendment only that which be could obtain by
selling his servant at once.
repeat, without going further at this time into The cons
deraon Of this subject shall hope, with the assistance of
the other friends of the BILL to be able successfully
any objection which be urged to its passage ask for
the yeas and nays on the amendment.
The yeas and nays were ordered.
Mr.. DAYTON. I regret that, after looking INTO the
amendment Of the Senator from Maryland cannot concur
with him in the view which he has taken Of it for think
appreciate the anxiety the very proper anxiety felt by
those Senators who represent the border States get an e
ctve law upon this subject and particularly the Senator
presenting the State Of Maryland for suppose that State is
much troubled with the loss Of this kind Of property any
other State in the Unon and perhaps in proportion their
numbers And, sir, if some remedy could be sug
gested by which this question could be settled, by the
ment of money merely, and properly settled, should be
happy to in it but really, upon looking into this
amendmen do not conceive that we have the right that
proper for pass it. In the first place, it is perhaps
well enough very briefly to say to the Senate what this
amendment proposes far understand it. Under the
original amendment Of the Senator from Virginia, party is
authorized before certain individuals therein named and
give evidence Of the slave and that the claimant
his owner and that evidence may be reduced writing
and properly authenticated This amendment of the Senator
from Maryland authorizes the claimant with this evidence in
his possession 60 before these individuals and make aaa-
Wit that his fugitive slave is within the county and baiwck
of the commissioner, person herein named and the
missioner is then required and deliver up the fugitive
the claimant and he does not deliver him up to the claim
anthe why not to be stated and sug
gesed sufficient for his if he does not
in nff doIIv fho Gle
where He goes, according TO my understanding Of this
amendment back to the State Of the claimant himself and
there, in that State, action against the district
attorney of the United States, and jury Of the
ycnage sets out his declaration of the facts states that bis
fugitive the county named in the proceeding when the
proceedings commenced and not delivered up
him required by this and the district attorney Of the
State from whence the fugitive escaped to take issue and
try the question: and upon judgment being rendered Of the
value Of the slave and certificate Of tina, judgment being
presented TO the Treasury the Treasury pay back the
money. That believe is substantially the amendment.
Well, sir this is certainly very important amendment,
and is recognition of principle not less novel than i'm
poran It is the recognition OF principle which,
cognsed, tell where it will end. 1t predcaed
upon the assumption that the Federal Government stands
dorser for all constitutional obligations incumbent either upon
the States upon individuals in the States; and the
States individuals in the States fail carry their con-
s'utonal obligations that then the party damaged thereby
apply the Federal Treasury and be compensated there
for Now, need not say that the very moment that prnc
PIE IS recognised as prnCpie OF acuon mere, IL Will extend
far beyond the question which are considering.
need not that damages be recovered for the illegal
detention Of fugitive slaves they likewise be recovered
from the Federal Government for the illegal detention Of free
need not say damages could be obtained for
failure TO give you the protection which you entitled
under the constitution, that damages likewise to be
vered whenever there injuries sustained any where by
failure to discharge constitutional obligations Under the
article Of the constitution to which reference made
" the citizens Of each State entitled to the privileges and
immunites Of citizens in the several States, Why, sir
whenever State, individuals in State, refuse to dis
charge their constitutional dnes then the idea is that the
Federal Government grand endorser and it shall pay the
damage thereby sustained Sir, this is most novel propo
stion, and it strikes me a most unwise one.
The argument Of the Senator from Maryland was based
upon this provision
*No held to service labor in State under the
laws thereof escaping into another SHALL in consequence Of
law or regulation heren be discharged from such service
labor but saA be delivered up claim of the party
whom such service or labor may be DUE" 4f @&
Now, the Federal Government is 10 stand endorser for
the default Of the States in this particular when to be
Why, when fugitive from service labor Is discharged by
some law regulation within the States What the obi
cation and the direction of the constitution If you say that
the Federal Government is stand in the gap When is
it to stand in the gap The decision Of the Supreme
Court in the case OF Prgg the State Of Pennsylvania
holds that this claim is upon the jurisdiction Of the State
and that if fugitive is surrendered up, il Is default
of the public officers in the administration Of their uris-
dcton Whenever fugitive is delivered the fault is Of
the State and Of the jurisdiction Of the State and you call
upon the Federal Government to respond when should
Why, only when the is discharged By law
regulation Of the State by which provided fugitive shall
be discharged But suppose that this clause in
the constitution still further and limit the argument the
close of that clause, and nothing more 9fW
But shall be delivered up claim OF the party whom
such service or labor may be due"