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

ment Now, here is the right which the senator admits
passage OF law by Congress and that this being done,
Congress ~ discharged OF the constitutional obligation
charge.
Now, Mr.: President Congress can pas any law they
please provided II does not conflict with the constitution
90 MOI contend however. that ave make the Stale
auhores Tor executing the law ii IT passed
But do say that, you have the laws enforced
BY State officers you can have them carried Out by United
States officers within the limits OF any State OF The Union
II is done in hundreds OF Instances do think sir the
this question has been discussed the more success
fully have all the objections 10 the principle involved in
friend from North Carolina Mr. BADoER] have not been
answered successfully efuted either by the decisions
referred TO or by the arguments Of senators
After debate, Heretofore pubished(
MIR PRATT said Mr.. President, the last objection is one
which certainly deserves the attention OF the friends OF
the amendment Now the honorable senator from Geor-
ga has said, have doubt with great degree OF
DOR that he would like to vote Tor the amendment lie
says he has examined the question with view 10 arrive
at the determination to support H. The objection las,
made by the honorable senator deserves attention. And
now give notice that shall tomorrow Introduce an
amendment TO the amendment, by which the servant, In
the condition which the from Georgia has stated,
he shall afterwards be recaptursd by the proper officers
of the United States, (whose duty shall be to do II at
all lmes,) shall then be returned to his original owner,
and that the shall pay back the money which he
has received from the government take II that thai
would meet the evil which the honorable senator has
suggested IN the latter part OF his speech
Now, few words more. The senator asks whether
any this floor believes that if this very PROPOSE
ton had been submitted to the convention which formed
the constitution there was one State in the Union which
Mr. BERRIEN The question which propounded
was, not whether State would agree to it. but
whether the conUention would adopt il.
Mr. PRATT. Understood the senator TO ask whether
any senator believed any State would have favored
the proposition Now, will state that it is my opinion
that but State would have opposed it. AT that time,
out of thirteen States twelve were slaveholdng States
Surely the senator does not ask whether those twelve
States who held this property, would have agreed with
each other that they should be protected in its ownership
Why, the clause in the constitution in relation TO this
subject is provision which made by twelve slave
holding States, when there only non-s|avehold-
ing State, for elf-protecton
Now, there is fact which the senator has related to
me, which desire to mention to the Senate The hon
orable senator, as have understood from him. has coll
lected upwards OF $780, 900 Tor citizen OF the State OF
Rhode island upon obligations given by citizens OF
Georgia to Rhode Island, for negroes imported into
Georgia.
Mr. BERRIEN Will the senator allow me J IN
ques,ionaby the senator correct in his statement
have stated to him that many years ago. the exercise of
my professional duty, had collected large amount
something the amount which he states-n bonds
notes, which lief, in my hands by citizen of Rhode
Island and which given by citizens of South Caro-
lima and Georgia. stated that the senator, but did
moi intend that il should be introduced here.
Mr.. PRATT | certainly understood the senator 10
state at the time he told Of the fact. that he himself
wished to bring il to the notice OF the Senate AT any
rate, did not understand the senator request that
should say nothing the subject Does the senator
TO say that he told me this in confidence
MI. BEkRIEN. Certainly not
Mr. PRATT. No blame shall attach to me for intro
ducing this matter. certainly should have done 50,
If had thought it would not meet with the appreciation
Of the senator But shall say nothing about it.
Now, Mr. President, there is point upon which
wish occupy the attention of the Senate for few
ments The senator speaks OF the decision of the Su-
preme Court of the United States in relation to the prn-
cipe that every right necessarily includes remedy, and
his application OF il is which wish to call the
ention OF the Senate The senator says that where
Individual has right, pecunary right, for example,
the granting OF remedy satisfied the right And he
asks whether the government having provided the
of recovery of the money from the party, not dis
charged of all obligation further? tits but then say
that the very put by the senator puts the
of the United States in the place Of the individual debtor,
where the United States have assumed the obligation.
Then the United States not allowing themselves to be
sued, bound to pay the money. Now, put it to my
hon orable friend from Georgia HIMSELF put it to the
sound OF every member OF the Senate whether the
very which the senator puts conclusive
gument for the admission of the principle for which
contend that every right has its remedy The senator
admits that this the Here an individual who
has right. The government is bound 10 give him a
remedy But the senator contends that if the govern
ment, through inability, does not perform its duty, il is
released from all further obligation in the case This, il
TO me, manlfesty not The senator admits
that the government 81 the United States duty bound
give remedy. The only remedy, if they do not per.
form their duty, is the payment OF the money.