Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-08

lew ony-Ior 90 not propose 70 mucu
meo this matter The Senator says that the clause which
eaes to the recovery Of fugitive slaves vests in Congress
whatever TO enforce the execution of that provision OF
he constitution. HersI will read the clause u
No person held service labor in State und the
my law regulation therein. be discharged from SER
labor but shall be delivered up claim of e party
o whom such service or labor may be DUE
The Senator contends. does bis coadjuor this inter
preaon Of the constitution, that this duty devolved on
Tho States. How 20 The States are not nenioned, and
Congress not mentioned and therefore I for the want of
declaring that Congress should exercise the power the power
cannot be exercised by Congress- for the want OF decar
ing that the States should exercise the power the States
not exerce it, Thus according the argument of the Sc
nstor, neither the States Congress exercise the
power But what Is this constitution II makes Govern
ment is aggregate of powers vested in the Govern
ment-some Of them enumeated others, from the impeec
lion Of human and humsa language specified,
but incidents TO the power granted. find in the emu
meaon of the powers grantee TO Congress the following
"To make all laws which shall be necessary and proper for
carrying into execution NJ foregoing powers and all other
by this in the Government of the
United States, in any apartment officer thereof"
hold that when sssda thing shall be DONE and when
Government is cead TO put this constitution into opera
ton and other fuconsry or no other Government but
the United States referred to. the duty of enforcing the
particular power hsduy of carrying into effect the specific
provision apperai to the General Government to the Go
vernment the constitution Of the United States
The constitution declares that slave shall be delivered up
lt nov VI ny WHOM, Ctate, OF
the General Govsmmsnt by any officers but it grants
authority to Congress to pass all laws necessary pro-
per to carry into effect the powers granted BY the constitution
There d another class Of powers which, if had time,
would 70 through. Here is one clause
debts contracted and engagements entered into before
hon Of this constitution shall be valid against the
under this constitution as under the conedera-
constitution! Must it be Congress find the follow
ing clause
The privilege Of the writ of habeas corpus shall be
suspended unless when in of rebellion INVASION the
public safety may require it.
There is general enunciaon Of the principle of great
object But has the Government the power to carry the
object into effect Will the Senator say that the General
Government has not the right to specify of rebellion and
invasion, whenever the public safety may make to
suspend the writ Of habeas corpus Why, there is large
class powers in the original constitution and in the twelve
subsequent amendments which declare that certain things
shall be- but specify particular authority by which they
be carried into effect then to the conclusion
that the Congress Of 1898, which had in such lights
Madison and other distinguished men, who had contributed
to form the constitution that the Supreme Court of the Unit
ed States that the Congress of the United States that the
people almost Of the United States, have not all
been wrong in supposng that while it is not the exclusive
duty Congress- yet it is the imperative duty Of Congress-
especially where there any defect in State legislation
carry into effect this provision of the constitution with
spec ugves and all other general provisions where there
specification of the in which they be
Supreme Court in the Of Prgg and PennsyIvania
know the interpretations to which LIABLE regret that
that court has not since had opportunity Of ponouncng
the principles which they then disclosed Three four
the judges gave opinions which conform to idea of what
the constitution is that is, that while the States have no
right obsuc the execution of the law for the recovery Of
ugves while it is especially the duty Of Congress 10
provide the necessary laws for their recovery is nevehe
less competent for the states to aid to help to assist in the
execution this power is competent for the States when
involved in aid in the prosecution of that war;
although the has been declared by Congress- and be
mainly maintained by the general authority.
Mr. President said in the of this debate that
The law has not been fully executed that there fifteen or
thirty thousand slaves in the free States and only few of
Them have been recapured dare say that in some loca
lies of the country before the end of the year. it will be
said that there fifty hundred thousand fugitive
slaves surrendered up. should like to know from any
Senator who has ventpred the actual number of
fugitive slaves in the free States of this Union, upon what
hory he ventures to make the statement II it should be
said that from the Of the Government fifteen
twenty thousand slaves had escaped from service in the
different slavehodng Staes should not be much disposed
the fact But when it is asserted that at this
there fifteen twenty thousand fugitive slaves in
The free States and that only half dozen have been recap
ured and that therefore the law has not been of practical
utility, should like to know the statistics or the facts on
which the statements are founded
Mr.. RHETT will state to the Senator that got the
statement from the published proceedings Of an abolition So
:iety convention held in the State of New York.
Mr.. CLAY. All exactly such authority as the gentle
ought to take. The abolition societies of the North will
probably take some such statement corresponding state
nen from Of those societies in South Carolina that
together the doctrines of secession and dsu
ai0n do believe the statement Of that abolition society
knows how many fugitive slaves there in the North
There are, without doubt, good many But why they
given up venture to say that in majority Of cases
heir former do not choose to put themselves to the
roube Of pursuing them dare say many Of them die, and
hundreds perhaps thousands escape into Canada. pre-
gentlemen will not say that is the duty of the Govern
nent to bring the dead back life, bring the ugives
Canada back to the United States unless they contend
or what waggish friend of mine said the other day.
Why" said he "these gentlemen very unreasonable
or they would perhaps desire that slave should be caught
Ind surrendered before be actually away Laugher
What say BEFORE and what say that there
,as been no resistance the law for the recovery Of gves
hat know Of except in the single Of Boston. admit
here has been inconvenience sustained We could
m anticipate such Inconvenience There has been some
EXPENSE too and concur entirely with the Senator from
eogs (Mr BERRIES when he pronounced upon pettifog
ring resorts which made in disgacefu to the
profession Boston, in order to arrest the agent from Georgia
who there to his property But is the General Go
be responsible slaves aided and facilitated
their escape, under circumstances in which it is impossible
them be pursued, while all the General Government
do is to psss laws and to enore hem and execute them
The Senator said that this proclamation Of the President
md the invocation of power to catch fugitive slave
Now is that the state Of the case The fugitive who
IAN away from Boston the other day think will probably
be reaken, but it may be consolation to him, and will
his owner know that the marshal is responsible for
him under the act passed at the last session. Was the
destruction Of the in the harbor of Boston at the COM
nencemen of revolution nothing than little ques
ion the price Of tea No, but principle involved
it. So principle involved in this matter. What is
hat principle It is whether the laws shall be violently and
- H. k- Ia toIl to