The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-04

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The senator coaends as his coadlu,ors in this later
prelaon the constitution CONTEND that this duty did de-
voive upon the States But you sir the Staes not
IS not mentioned and thersfose. II
for The want of specific declaration that Congress
should exercise the power the power cannot be
cised by Congress- so, for the want of declaration
that the State. should exercise the power. they cannot
exercise IL and neither, according 10 the aSgumen OF
he senaor the Congress nor tho States can exsfcss H.
But SIR what is this constitution which makes govern.
nent itself but aggregate OF powers vested In the gov
enmeni. OF them enumerated; others. from the na-
ure and mperfection OF human nature and human lan.
guage, not specified But. sir, tbs last CLAUSE Of the
enumeration OF powers granted 10 the Congress OF the
United States contains this general declaration to
make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all
other powers vested BY the constitution in the govern.
men OF the United States, any department or Oice
thereof" Now, sir, hold il that whom thing u said
shall be ione-when government ia created TO put this
constitution into operation and other func&iouaRy, OF
other bnt tho uusd States u rsiaSro1 to-
The duty OF enforcing the particular power. carrying
effect the specific measures, pertains to the genera
government-to the general government created BY the
constitution OF the United States The constitution says
whom whether by the State by the general government
only by any oicer but then the constitution giants
authority TO the Congress to pass all Jaws necessary and
proper carry into effect all the powers granted by this
constitution Why sir, there is large class Of powers
and Mr.. President, if had time to 60 through them.
would go through lhemin which nothing is said about
the funchonafy TO enforce them For Instance /" all
debts contracted and engagements entered into before
the adoption OF this constitution, shall be valid against
the United unuer tnlS COnSutuuOn uD0ot the
confederation" Well, sir. suppose there was any At
tempt TO avoid the payment of debts to violsae any
engagement entered into prior TO the formation Of the
constitution what power could carry into effect this pro-
vision of the constitution! And again, sir: the pSiv
ege OF the right OF ha6eas corpus shall not he suspended.
unless when, in of rebellion nvasion the public
safety may require it," Here is the general enunciaon
of principles of great object, but specification Of the
government authority or power which 10 10 carfyinto
effect the object Who to do ne Will the senator say
the general government has not right to specify the
OF rebellion invasion when the public safety
may make it necessary 10 suspend the operation OF the
ha6eas corpus Why, SIR there is whole class large
class of powers in the original constitution, and the
twelve subsequent amendments, which declare that car
tain things shall be- but specify particular authority
by which they are to be carried into effect tuh@
then come to the conclusion, Mr. President, that the
Congress of 1893, when il had such lights Jederson
and Madison in had to the formation OF
this cons,tuonthat the Supreme Court oi the United
Saes that the Congress of the United States thsi the
people masse almost of the United States have not
been wrong supposiDg, while il s not the excueve
duty OF Congress- that il is the imperative duty nsverthe
less OF Congress- and especially in any where there
any defect in State legislation, to carry into effect this
provision upon the subject of fugves welt ss all
other general principles where there is specification
OF the which they are TO be carried into eject
shall not take up the case Of prgg cs Pennsyvans.
know the Interpretation which it ia liable regret
that that court has not had opportunity since in pro-
nonncing upon the principles which there disclosed
my idea OF what the constitution s-,hat is this sr:
while the States have right to obstruct The
ecuton of the law for the recovery of fugives, while
sary laws ior their recovery il is eosessn
for the States TO aid to help to assist in the execution
OF this power Just az It is competent to the Staec 1--WE
to aid in the prosecution Of that war; although
it has been declared by Congress. and must be mainly
maintained by general authority stat iasN
Mr.. President, il has been said in the course Of this
debate hathe law has been perfectly executed that
there fifteen thirty thousand fugitive slavesthsy
have already reached, believe and in certan localities
OF the country before the end OF the year. there will be
fifty hundred thousand slaves not surrendered up
would like TO know from any Of the senator's who
fugitive slaves in the States OF the Union. upon what
authority OF fact does he proceed Sir, II you cay from
the of the government down to the pres
time there has that number escaped from the slave
holding States-ffteen or thirty thousand-l should not
be disposed to contradict the fact To assert this moment
that there fifteen thirty thousand fugitive slaves in
coveredand therefore 10 infer the violation OF the law
say, 10 proceed in that darkness which the senator
from South Carolina Mr. R#rTTl describes himsolf A.
constantly cropping, without sats.ics without facts, and
believe against the truth OF the case. hlli lAaa
Mr.. RHETr, dn'erpos'ng) Mr.. President. the gen
tIemsn says proceed without facts The fact Eaied
about fugitive slaves took from the published psoceed-
ings OF an abolition society or convention held in the
State OF New York
Mr.. CLAY All exactly such an authority "A the
abolition society will make such statemens-corres
pondng to statements do not know what it's called in
South Carolina, from OF these societies who
there associated together to assert The doctrines Of seces
SION and disunion Sir, do not believe word of the
sta,eme mt Of that abolition society No man knows how
many there are They good many. Why are they
not given up venture 10 say IN The majority Of cA0ea
their former do not choose 10 put themselves hs
trouble to pursue them. dare say many OF them die
hundreds perhaps thousands have escaped TO Cansda
presume will get up here and say II s the duty
OF the 10 bnng the dead back e OF bring
the fugves to Canada back the United Staes unless
you mean to contend waggish friend OF mine said
the other day, These gentlemen quite unreasonable
they had all their wishes they would perhaps desire the
slave should be caught aud surrendered before be has
run away tall tLaughter.l Sir, what meant to say
before-wha do now-is tina, there has been resis
to the law for the recovery OF fugves that know
OF, excsp in the single city OF Boston. | admit there
has been some Inconvenience sustained but air,
we should expect that the would incur pone
expense. agree entirely with the senator from Gsor
gia, tMr. BERRES,1 when he denounced the pett-
logging resorts made dxncefuly to the city Of
ga who there to recover his property. Well, d. Ne
harborng OF slaves facilitated in their escape by nxhi
under circumstances which render il impossible 0ey
should be perceived pursued-s the general
to be responsible for that All can do s 70 pas hvp
and enforce them and execute them Sir eSnaios sad
this proclamation and this invocation for further power
was merely TO catch fugitive slave. Well, nov, Mr.
President that the rue state Of the cases The ugi-
live who ran away the other day from Boston, think
consolation and will be to his owaer TO know that the
marshal responsible for him. under the act passed the
last session Of Congress ra
Why, sir. the destruction OF tea and throwing
into the port OF Boston at the Of our
revolution anything than question about Boboa
tea II ls the principle which involved and what
that principle IL is whether the laws shall be vlosnty
and outrageousy opposed by force, shall DO execusd
IT, sf to- day the law upon the subject OF fugitive savss
vented what other law in statuiebook may noa To-
morrow be obsced by equal violence and its execution