The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-07
CONGRESS-.
THIRTY.FIRST CONCRESS-FIRST SESSION.
SENATE.


- WEpNEpAY, FEBRUARY 81, 1850
Mr.. Seward presented the memorial of the citi
zens of the Valley of the Rio Grande, prayinl
Congress to erect new Territory, to be called
the Territory of the Rio Grsnde, in the section
east of that river and south Of New Mexico, dis
tinct from the province of Texas. 1t was referred
to the Committee on Territories and ordered L
be printed
After the transaction Of the morning business
the Senate proceeded TO the consideration Of thu
resolutions of Mr.. Clay.
Mr.. Benton then made full statement Of thu
laws of Mexico in relation to slavery. He frs
read the following decree of the President Guer
rera in 1922 from book printed in the city o.
Mexico in the year 1888, the lth volume of the
Laws of Mexico, published officially under the
orders Of the Supreme Government.
In ENGLISH " D0y i5-Decree Of The GOUerR-
me,a IN urtue Of extraordinary pOwrS.
" abolition Of Slavery in The Republc-l. Slavery
is abolished in the Republic. 2. Consequently
those are fces who until now have been considered
as slaves g When the circumstances Of the treas
ury hermit it. the owners OF slaves shall be indem-
nifed in the manner prescribed by the laws. .
"(Cucrlated the same dag from Tie Department Of
Relations and JuJliNLad IN the Proclamation Of The
Siceemh'O
1t was an executive decree upon legislative
subject, and its validity was questioned. Two
years afterwards, the General Congress, in re-
viewing the acts of Guerrero passed the following
act
In ENGLISH: 30 All the laws, DEGREES, regula-
tions, orders and instructions, issued by the Gov
eminent in virtue of its extraordinary powers and
which are of Legislative cognizance will be subject
to the qualification of the General Congress, re-
naming from this time without force until their
revision by the Chambers"
Mr.. Benton said
This act is cautiously drawn. 1t does not an
null the decree of the 9th September; it does not
confirm it, 1t admits its validity up to that time,
hut suspends it until the General Congress should
act upon it. This action took place-took place
in April, ls37--and will now read the act which
was then passed. 1t is in the same authentic col
lection of the laws of Observation-Disclosures collec-
tion-from which have already read, and is VOL
ume thirteenth of that collection. At page 27O of
this volume, under date of April 9Th, 1897 we
find this act of the General Congress
In ENGLISH "Day 5.-Sl0ue,y IS abolished in
the Republic with0m any exception.
al. Slavery is abolished, without any exception
in the whole Republic. 2. The masters of slaves
manumitted by the present law, or by the decree
of the 18th of September, 1929, Precipitation of
an a a be q sd s hsr
which shall be made Of their personal qualities
to which effect there shall be named competent
person ian per1o) by the commissary general, or
whoever occupies his place, and another by the
master and in case of disagreement third,
who shall be named by the respective constitu-
tional alcalde without any recourse from this
determination. The naturalization Of which
this article speaks shall not have operation with
respect to those colonists of Texas who may have
taken part in the revolution Of that department
Il L. La a{ u
Interior, and puJiished in Proclamation of the nm
Mr. Benton next produced an authentic copy of
the Constitution of Mexico, of the year 1913,
printed under the license which the law requires.
In article g. title g Of this constitution and under
the head which treats of the rights of the iphabit
ants Of the Republic, and at the head of the emu
meration of those rights, stands this declaration:
In ENGLISH 81. No one is slave in the terrific
ry of the nation and any introduced shall be con-
sidered free, and shall be under the protection of
the lawsn
This is the declaration of the Constitution Of
Mexico, and applies both to the present and the
future 1t declares that there no slaves in the
territory of the nation and if any are brought in
they shall be free.
Finally, MIR. Benton produced q Spanish LAW
Dictionary of Escriche in Spain, and Of San Mi
cuel in Mexico, of as high authority in both
countries as the LAW Dictionary of Jacob is with
US
The Spanish edition is full upon the subject
of sldpes and si0uery definitions: the Mexican re-
print of the same work (lS37) omits the head, and
says, under the head "escidpnud" it is not neces-
sary to occupy couple of columns with slavery
and the slave trade--tbat the trade was abolished
by treaty with Great Britain, and slavery itself
by the laws of the Repuplic-snd then speaks of
decree of 1929, and of the confrmatory
act If 1877 in these words:
Tx ENGLISH "The decree Of the 9Th Septem-
Der, 1922 gave liberty to the slaves then in the
Republic, with indemnity to their owners or POS
SCISSORS, that properly might not seem to be at
tackled and finally, in April 1887, new law has
been published on the abolition Of slavery"
This is the historical account Of the abolition
of slavery in Mexico. The reprint was in the
year 1897, and therefore could not mention the
constitutional declaration of ls43
Mr.. Benton proceeded to quote from lIumboldts
Essay ON New Spain, and from the Law Diction-
ary of Escriche to show that African slavery never
did exist in New Mexico in the form in which it
now exists in any State of this Union.
That there were differences in the Mexican law
while it existed and that to such degree that II
nearly prevented slavery in Mexico and that II
that law was now in full force in New Mexico and
California. not single STAKEHOLDER in any State OF
this Union would carry slave there except 10 set
him free These differences went to the iacihties
and the rights of manumission, and arose from the
opposite policy Of the two Countries in the united
States to discourage emancipation, IN Mexico 70
promote it.
He first read from Humboldt, as follows;
In ENGLISH: Moreover, the slaves, who hap
pily find themselves in very small number IN
Mexico. are there, as in all the Spanish posses
sions. little more protected by the laws than the
negroes who inbabit the colonies OF other Euro.
pean nations The laws are always interpreted
in favor of liberty. The Government desires 10
see the number of enfranchised augmented. a
slave who, by his industry, may have procured
money, can compel his master to enfraDchise nun
by paying him the moderate sum OF ] 800 or ,ooo
livres, $500 to s4OO) Liberty cannot be refused
q negro under the pretext that he cost the triple
in purchasing hun, or that he possesses speciai
talent for exercising lucrative trade. slave
who has been cruelty maltreated acquires thereby
his enfranohisement according to the law, pro-
vided always the judge embraces the cause OF tne
oppressed. One may conceive that this bench-
cent law is often eluded ! saw, nevertheless, In
Mexico itself, in the month of July, 1903 the ex-
ample of two negresses TO whom the magistrate,
who exercised the functions Of alealde Of The court,
gave their liberty, because their mistress, native
woman of the islands, had covered them with
wounds made with scissors; pins, and knives
Page 1873, 1914
The kingdom of New Spain is, Of all the
colonies OF the Europeans under the torrid zone
mat IN which there are the fewest negroes one
may almost say that there are no slaves. One
may 60 Gil over the city Of Mexico without meet
ing oiack face No house Is there served w'th
slaves Under this point Of view, above all
Mexico oners great contrast with Havana, with
Lima, and Carracasn-Page i3O
lie then read from the Law Dictionary Of Es