The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-03-07

and he who may be above the age Of twenty, ma
liberate him by INSTRUMENT, or before the judge
or even before friends, with the aid Of FIVE wit
nesses moreover, the minor Of twenty and owe
sixteen may give liberty, with consent of hi
guardian to his child had by a slave woman. L
bis father, mother, brother and teacher, or to hi
nurse, or to the person who shall have brough
him up, or whom he shall have brought up, anC
to bis foster brother to the servant who may hav
saved him from death or from dishonor 10 hin
whom he may wish to make extrajudicial admin
TRAITOR of his goods, being of seventeen years anC
TO the slave woman with whom he may propose /,
marry.n-Law /, III. %, Part 4.
"If two or more masters have slave, either o
them may liberste him, giving TO the others tn,
just price which belongs to each and even thirt
party may purchase him for the purpose of setting
him freen-Ldp 2, tn. 90, Part 4.
1.-THE slave shall deserve his liberty in the foul
following cases /. IL he shall inform on the
ravisher or foreer of q virgin woman; 2. IL h,
discovers the maker of false money g. If he shall
discover a military chief who abandons his post
4. If he shall inform on the murderer Of his mas
ter or shall avepge his death, or discover treason
against the king or the kingdom In the thre,
first cases the king shall give the price of tn,
slave to his insstern-La,r 8, lit 90, Part 4.
Z" If the master publicly prostitutes his slav,
woman, she is thereby freed, and he cannot re
cover her, or have any right over hern-LaW 4, III
%, Part 4.
"Finally, a slave will recover his liberty by
contracting pst-iYs@-y- r;.1 >>ssSs Fs5SSs;, SS IS
receiving sacred orders, with the knowledge and
consent Of his master as likewise by prescrp
tion, when 10 good faith he shall he called free
man for ten years in the country where his mas
ter lives, or for twenty years in another, with
out good fai for the space of thirty."-Lams s
6, Z III. %, Part A.
MIR. Benton closed his exposition as follows
conclude this exposition of Mexican law il
relation to slavery by producing the definition o.
that word in SIP nish law. For this purpose
quote from the same law dictionary, Escriche
where we fud il thus: Esclaritud: Ell estado d.
an hOabre qvt pyoprsad de O,ro contra 81 d,reehC
n0tHraW la English Slauery; he CONDITION. Of
man who IS me prOpcHg Of another against nGtUy0
rigMn | quote this definition for the purpose Of
showing that, under the laws of Spain, in force
in Mexico, slavery was held TO be against natu
raj right-therefore, not derived from nature, OF
Divine law, but founded in municipal law, and
only existing by positive ensctmept--and, by
consequence, that no argument in favor Of slavery
in New Mexico or California as an institutions Of
Divine origin, or of any origin in any place ina.
pendent OF positive LAW, can derive any counte-
nance from Spanish Law. Further than this do
not 10 go al present limit @yssf 20 the three
points, which, / believe, ! have established HTa,
that slavery was abolished in California and New
Mexico before we acquired those countries Sec
Oadly, that even if not abolished, no person would
carry a alave to these countries to be held under
such law hndIy that no slavery can hereafter
exist in either of those countries, except by yir-
tue of positive law, yet to be passed. The prac-
teal application which make of this exposition
of law is, that the Proviso, Of which we have
hao~ II ii 70 g hat
sary in any point of view--and of no more effect
if passed, than a piece of blank paper pasted on
the statute book
Mr. Rusk obtained the floor and addressed the
Senate on the resolutions Of Mr.. Clay. Without
concluding his speech, he gave way for a motion
to adjourn.
THURSDAY, FEBRUARY %.
Mr.. Bell of Tennessee introduced a series Of
resolutions for the adjustment of the Question Of
Slavery, and by the courtesy of the Senate spoke
nearly an hour in explanation and support Of
them
See Resolutions under editorial head
Mr.. Bell did not know that any strong desire
had been expressed in the Southern States for
the formation of new Slave State, but he thought
the measure would be a healing one.
Ii had been the usage hitherto, when practical
bic, to admit Slave State and a free one to-
gether--it was his desire to have the same thing
done now but the South did not expect that it
could long be continued Nebraska and Mime
Gotta wnnld soon apply for admission, Oregon
would furnish four new States. California and
New Mexico would give us four new States, IL
not six. And where was the equivalent to the
Slave States to be found2 In consenting to the
formation of q new State in Texas, the North
would violate no sentiment or principle cherished
there for Texas was already slave territory.
In regard to the provision for the prospective
admission Of one more State from the territory
Of Texas he remarked
whether slave or free, to be determined by
the people. 1t will probably be slave State
In regard to which ! have to remark thst the sp-
prehensions of the North on the subject of the
creation of new slave States need not be excited
by the reading Of this resolution. When admit
ted it will be the last of its race. 1t will and
must close the account, in my judgment, of slave
States, then and forever, or for as long as this
Union lasts. If this proposition should be adopt
ed, and this Territory be admitted into the Union
as State, there will then have been three slave
States carved out Of the territory belonging to
Texas-Texas and the two new slave States now
proposed to be admitted This number, you will
recollect, Mr.. President, falls far short of the
calculations of Southern gentlemen of the advo-
Gates of the annexation of Texas, when that Ques-
ton was presented to the American people. Four
or Eve slave States, IL was estimated, might and
would be carved out Of that territory. Four
slave States might be carved out of that territory
because there is country extensive enough, rich
enough, fertile enough to sustain population
that would authorize its division into four States
but, with the arrangement now proposed, it would
be impossible that such project should be ever
entertained. The people of these two States
will not consent TO have their boundaries cut
Town 80 as to reduce them to the condition OF
States of this Union. They expect
10 be, and will maintain the prospect Of being,
arge and populous States of the Union. There
ARE sir, there can be no prospect Of the further
admission of slave States into the Union at any
men
His next proposition-to incorporate all Of the
territory belonging to or claim by Texas above
he Saith degree with New Mexico, included the
surrender of two and half degrees of slave ter
ritory to free; aud this was full equivalent for
whatever free territory, in dispute between Texas
md New Mexico, below that line, might, he
thought, be incorporated with slave territory.
Mr. Bell proceeded to explain his proposition
In detail, expressing his firm belief that Slavery
could never exist In New Mexico, and advocating
earnestly the admission Of California What he
might do, were the question Of the admission Of
California presented alone, he would not say.
On motion Of Mr. Hamlin, the further consid-
Grafton Of the Presidents Message On California
was postponed Till Tuesday next. Mr.. Gays
resolutions were then taken up
Mr. Rusk concluded the speech commenced
yesterday.
Mr.. Walker moved to amend the second reso-
luton 80 that it would read as follows
"R,soiped, That as slavery does not exist by
law, Int has ben abolished and puOhibifed togaher,
nth IRE Stare hade, aud cannot is not likely to
be introduced into any Of the territory acquired
by the United States from the Republic OF Mex
leo rphom positive ea0otwms, 1t is inexpedient Tor
Congress to provide by law either for its intro
duciion into, or exclusion from, any part of the
said territory" &c.
The Senate then adjourned.
Friday was spent by the Senate in Executive
session.
MONDAY MARCH 4, 1850.