Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1856-05-23
SPEECH or Mr.. DE,ARxrrrr. OF CAROLINE,
join, rr.ol s,en or.rra sy Mr. p.,.ru.,,..

hsh sher uervo
ucr,n be discharged labor
ssred clsa of ts party whom such labor
b. doc " Aud in Obedience To the 90 ths Constitution
Congress having ras-i Law, known the Fugitive Slave law
making the duty the Federal deliver tves
hon labor satisfactory they such
lay has been dr~s.rde BY
State. and Is uuly ~ which huhdrs Of
To the asholns State. and
to H. the duty Of the FEDERAL cOH-us..
on to the for all loss rrssiax FROM the ote
slavr- therefore bit
Rroi by the o-ncr. Assembly. Representative.
tn cSossss ARE sqr.s aud our sn.ier. ~ aud hereby
@ to all o-n,r. Whose slave. h.', hrtv.ne.
There ~A''S nom those to whom such sr'Ie labor
Ma Srr,SrR,-I propose to occupy the attention OF
the ons, tor few moments assign the reasons hich
vrinduccd me to offer this resolution.
10 not deem 10 necessary, sir, apologize the
Hodse tor Offering this resolution this late period
o the session. the only object have and the only
feet which can result from IT, is to rcndera action
the bills reported by the joint committee the subject of
fugitive slaves eectua and In opinion the only
way that action be productive Of any permanent
good.
know, sir the position occupy. Tho principle as
serted in this resolution requires the Ut great
thorty aud it, perhaps, would have bc-n better for me
have consulted older aud experienced members at
this House. and for them 10 have brought this subject
your notice,but that opportunity not afforded me.
aud mpcllei by III duty those represent
rather than inclination, Ia ask the attention the
House To this the most important subject which be
presented for your consideration. The various bills
ported by the joint committee, which have
ed have been designed eccuay guard the slave
and 10 prevent his abduction. To do this punish
is be inflicted those convicted ct aiding and
abeng his escape and had hoped that that conviction
Ia have been rendered certain by the adms-
sion OF testimony but the House. in its WISDOM has
Thought proper tn strike this provision from the bill
STILL sir believe that action will be productive OF
good. and in behalf of those represent desire re
thanks TO that committee for the In which
they have discharged the important duty assigned them
STILL none OF Us believe but many OF our slaves will cou
tinuc escape, aud for such have escaped or NAV
hereafter escape, remedy r-ei has been afforded
those who thus sustain the actual loss.
That the should b. compensated for the monde
livery OF his slave when demanded by him. there can he
but opinion; and it is also certain that those upon
whom the duty OF delivering the slave imposed should
paw that loss. The bill reported by the committee pro-
vdes that the Governor of Virginia shall pay of the
Treasury OF the State, the Of such slave iu
value thereof when the slave IL withheld from him his
agent To this cannot consent for many reasons
Ft-becsSe the Constitution of the United mpo-
this duty the Federal Government The Constiu-
ton provides that no person held to service labor ia
State under the laws thereof escaping into another
shall consequence OF any Law regulation therein be
discharged rom sneh service labor, shall be dev-
cred claim OF the party To- whom such service or Ia
bor i due. Here H. express constitutional direction
that fugitive slaves shall bc delivered those to whom
such service labor Is due. The delivery imposed on
the Federal Government, and cannot that the
people Of Virginia shoud suffer because their representa-
tye have not the demand the guarantees OF the
Constitution Let Virginia decide that paym-n: is
due from the State and the Federal Government ami
give fatal blow the institution If slavery as guar
lney,i 10y tlc Constitution OF the United States You
decide that State is Responsible Tor losses resulting from
the nonlischarse of duty imposed 10y the Constitution
upon the Federal Government. This, again is a most
dangerous precedent DO this, and YOU place the
institution Of slavery under the protection uf the several
States aud the Federal Observation-Disclosures the Con.
tuton placed It and where il belongs. fass the resolu-
tou which have submitted and let Representatives
aud Senators aid those who have already i. sub
lrct to the consideration ~ Congress and yOu will in INV
opinion indemnity idr the past security for the
future We may At FIRST fail but failure should deter
~ from the assertion ol rights guaranteed 10y the Cous
| tuition
Ii shall prove by authorities which cannot be ques
toned that right ia this position feel and know
that dn hut justice to this House when saw that nu
here will consent that Virginia shall he suppian
where she has the right TO demand.
The resolution, sir. which have offered IL based ON
this hNpothrss-tlat there i IN the Constitution OF the
United states clear aud distinct Obligation imposed by
IT, III reference To property therein recognized SUCH to
deliver that PROPERTY 10 the owner when demanded him
Then follows consequence OF a neglect perform
that duy, obligation the parties upon whom it
imposed To pay for the property think that propo
.iiIon can be cleaner than this think u give the
language Oi dst gusled Sen4tOrl that where con-
p,tent authority imposes individual binding LEGAL
obligation u do particular thing to deliver up an IN
dyidua property which belongs him. that from the
discharge the part ri the individual OF the obig
ton imposed, there would necessarily result liability
the part OF this agent pay the loss damage eonse
quent, to the owner A with individuals so with Ia
tons. That there j. obligation imposed by the Con-
-ttuon upon the Federal Government To deliver To the
owner his fugitive slave when demanded by him. will not
imagine be questioned 10y any who have given this sub
ject any attention tnow ony remains he proven
from failure the part of the government perform
that duty, there necessarily results responsibility on it,
part to pay all loss damage resulting therefrom
A. sir, this is the important branch of this sub
ject hope the House will bear with whilst refer To
authorlti TO sustain in this position. shall refer
first, To speech delivered in the Senate OF the United
states 10y Mr.. Pratt, of Maryland amendment TO
the fugitive slave bill offered by that gentleman requiring
the government to pay all loss resulting from failure OH
the part Of tue government deliver the slave Ia whom
such service labor Is due. my slave says NJ Patti
i lost by becoming fugitive into another State use
the means which Congress has given by laws passed
upon the subject To him but slave not de-
hyered up Ia the duty OF ihe United States performed
The Constitution j. imperative the slave shall be deliver
ed up Whose duty It To that he i delivered up
According TO he constant of this government aud
the unanimous decision of the highest Of the coun
try, IL tue duty Of the United States Therefore il is
clear 10 ms mind any proposition in ogc-n deiuc-
ton regularly drawn from Acknowledged premises can be
palmer than hatif the slave j. delivered up the du-
~ OF this government Is not performed because that
not done which the Constitution as interpreted by the
court Of the last resort has declared il il the duty Of this
government TO see performed Again Mr. Pratt says
Therefore have these propositions which are copclu
sve upon the argument made by that Senator referring
To Mr.. Dayton OF New JcrscyJ first that the Supreme
Court has decided that there il Hdbty primarily OF
secondary, the part Of the State Government d con
sequently that the United States cannot be- assumed "a
hold the attitude Of endOr-er for the States bccaus.
not only the States bound to discharge tI,
WINCH dbiity arises, but according tie
Supreme Court, they have constitutional power 10 dis
charge IT, The Supreme Court has decided that any Law
passed 10y state IN reference To the dscha ge of TIN
supposed liability, which the proposition of the gentle
man Is pr,dcatcd would be- Unconstitutional law anl
therefore void Here then instead Of the Federal 60
vrrnmen being the endorser for the deiaung States IN,
Federal Government under the Constitution and unde
the decision OF The Supreme Court the original 10
faulters themselves aud the only deauters heg are no
to be- placed substitute for the States for they are III,
/ only party Who primarily secOndaily liable"
have thus given you tie OPT Mon Of one OF the mo.
distinguished Senators, this subject regret that tim
will not allow me to refer 10 the opinions a other S.na
tors But, SIR trust the House will bear whme Will.
rrirr "a the opinions Of the great constitutional law.
Of the Senate uf the United States. slude 10 NJ VI
sou. Of Virginia, Who on thi- subject said The claus
Oi fhe Constitution declares that the pefso esrspng a
he delivered upon claim Of the party whom such ser
vice or labor T. due need not .iy h. any gcntema
whO Jufist whO understands the obligation ui Law
that shnn Stale government capable VI di-chatpn
IT, dute and With 40 The functions that pertain 10 u e,
vernmeht, assumes obligation 10 have certain act Del
formed which not performed, results in loss H. anotl
e. t b. the duty Of such government thatt il dom
aud II not done N'H Me gN,Ncs Hof H,cessariigfo
isss Is fW updsmaiV f,r any ioss sfsia,asL Again N
Mason sny- This j. compact between the states "A