Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-10-15


do - como into the Union State lndeed al no ais
ouon 10 h III he in condition in which hcr risnt 10
Ian. uas mi four States in addition to the present olae
secured in the articles OF ann xaion anu III ''
b;Il consideration, would be enforced. ;,, .
on undea Which will be submitted TO Texas viii be
h,br her prosperity will be promoted by 'nis on.
viii nat, size will reject it. II II wiIl sie WI, az;
II hs viii be- benefited and strengthened by inns Oil, so ""
~ sue W. h Whatever contributes to the strength Of one
nj the Southern States contributes 10 lhe s'irI u H.
There can be conflict in the interest y, Tpos ~ d
IN bs size s directly interested and where we are nd
reilly but decidedly interested on inc same sac VIII.
Al Ia moro 8, because believe she Will decide wisely.
o s said thai the bill converts slave territory into
free soil This assumes two propositions aosoue IRE
concabe with each other yet boh Oh 'eh mus. Vt es
,obshed before tho truth OF the assertion can 20 'uieu
- ,Is, the territory transferred is Texan territory
ard Thai the constitution and laws OF TEXAS 90 no extend
it, If be Texan territory IN wnlch sateis 10
i continue TO exist after the transfer lu inc nc, establish
g territorial government does not change us claracter
If i, be not Texan territory then It's character a REMAINS
unchanged and slave territory IS not e. @ only
The assertion am commenting upon Is ,,o o'y
but the reverse of il is true: The bill converts I u M
thousand six hundred and thirty seven square ss VI e
soil into slave territory, if the people resuine upon y su
~ decide when they form constitution preparatory 20 COM
nr into the Union Us State. By the resolutions VI uheA
alton it is provided "New states Of ba sa;d So,a
Texns md having sufficient population may hereafter by
consent of said State be formed out OF The territory eeo
which sha be entitled admission under the provisions OF
mo Federal Constitutions and such States as may DC formed
ont of that norton of said territory lying souh Oh 5o aeg
20 min of North latitude, commonly known US liie Nsso'-
ri compromise line shall be admitted into te uhon ~ or
b orc,v as the peopie Of each STATE ASKING ADMISSION
man desire And in such State or States as sa DC formed
out said territory north OF sad missouri sSa
roLdn Most OF the territory last referred TO IL inci-
ded within the limits of New Mexico
The act establishing territorial government ior New
Mexico provides "hat when admitted State the said
Territory or ann portion Of the same shall be received into
The Union lM or 1sitho sarery as their constitution may
prescribe at the time of their adm The absolute pro-
| of
Bu, is said that slavery prohibited in New Mexico By
Mexican aw How that be if rs is conended all o! II
Fact OF the Rio rande which contains nearly The whole OF
her popuation be Texan territory! But suppose lose VINO
deny the title of Texas and maintain that ali lhe territory
within the limits of New Mexico is Mexican territory arc
rnh, s, DENY that there will be Mexican law IN force
i'm that territory which will prohibit slavery am MOI gong
into question, which has been 50 ably discussed
The Mexican laws prohibiting slavery were abogated or not
bv the conquest and treaty. rds eopnion OF inc oou
that they were a5rogated md support OF the Clayton
compromise was based upon IT, BE that however as
II is clear beyond cay doubt that the territorial bills
gate all Mexican laws and substitute Others Inc civil law
Is the law OF Mexico The territorial bills recognize
tho existence Of the common law The section
relative 10 tho Jurisdiction of the courts declares
that "the supreme and district courts respectively
shall possess chancey and common Law jurisdiction 10
law ard the chancery law derived from England II may b.
said that African slavery cannot exist under that law
know there oter dcum of Lord Mansfield TO nst e
feet Ii is but cm for the case OF Somerset iurnea up
on the want OF remedy Both Lord Talbot and Lord
EIarwchc decided otherwise and SO has that great Iu
Sir William Scott afterwards Lord Stowell as late as o!
in the celebrated case OF the slave Grace. Besides we oil
know that slavery introduced into the British Colonies
of America in tho absence Of statute ana solely under The
protection of the common aw. But shall not 80 INTO al
question In this il is unnecessary for the territorial
bills and the fugitive slave bill each recognize the Legality OF
slavery in the Territories In the former il is enacted that
"Wiits OF and appeals from The hna decisions OF
said supreme court aha be allowed and may be taken to the
Supreme Court of the United States, In the same manner
and under the regulations as from The circuit courts oil
thn lima n tho
in controversy to be ascertaned by the oath or al
6rna,ion of either party other competent Witness snail
exceed thousand dollars except only thai IN all cases ~
ROLLING tile siurss the said ur n error or appeals sa1
be aolcea aud decided by The said supreme court rou re-
pard 10 M rals Of e mater property or tile IN eonfrorsr-
y and except also hata wrt OF error Or apes "a ao
the decision Ut the said supreme court created by this a
or OF any judge thereof upon any rrH q haoas corpus H.
rolring TIC question Of personal freedon.' ~
viii be perceived that there are two classes oil cass
here provided for. The last, between the negro and ms
master involving the question of his personal Freedom ne
frs, between other parties involving e 70 slaves ln'
last clearly conlempaes the existence Of slavery In the ter
ritories. ..,
slaves throughout conemplatcs the escape OF Slaves
from our Territories II enacts "that when any per-
son held service labor in any State or Territory or IN
the District of Columbia, shall escape" &c. slavery Is
prohibited in Minnesota and Oegon and t is also prohbl-
ted in Utah and New McAco our only other Territories,
then there subec, which part OF that law can re-
But this Is not ALL The New Mexican bill not only
recognizes the legality OF slavery within the Territory but
it contains clauses which will restrain the erritona
legislature from abolishng They are in the one declaring
that the question is be decided BY the people when e
form State Constitution and Of course not bcore ana
in The Oh In these %GI b s beS Or Of u In
said Territory except by tho judgment oil MS peers ana e
laws of the land"
The person and tho referred TO, of are core.
laye Thesc words nre taken from 1.-THE great charter and
they have an asceriained and fixed meaning protects
invoaby vested rights and SO 1t has always oeeh hea "
England. ,,,
But this clause unnecessary for the territorial Le
pislaturss in the absence of IT, could not have abolished
slavery This | established, think, nliy In speech !
made on this subject the 81 Of August i7+3 l wll
not repeat wha, then said They would r "-ttansd by
the provision Of the Constitution, which declares 'hut m
vao property shall be taken for public USE without Just
COMPENSATION Excep, for public use cannot be in.
vaded at all, either with or without compensation.
1t thus appears that Texas has not been orioed 10 sue
der slave territory TO free-solism
The territorial bills are framed precisely after the model
which the South itself has furnished Her doctrine OF
nonnteven,on that doctrine which leaves to me people ~
be affected BY them the right TO frame The institutions unir
which they are live The doctrine that lies al the iounda
ton of our system of government and TO yindicaie "c
our Revolution wagedthat doctrine Is Triumphant as
far ms ,heso two Territories concerned.
have said that the doctrine OF non.inervenon was he
Sous doctrine 1t the doctrine deliberately scos
missed as the true doctrine during Mr. Jsersons admnstra-
ton referred in detail TO the imposing circumstances I'M
der which done in the speech made IN The House o.
Representatives on the 10Th OF May lsis Inc
ted in the address of the southern members OF Congress
His celebrated resolution of lsl7 declares:
THAT it Is n fundamental principle in our political creed
that people in forming constitution, have the uncond-
tona right form md adopt The government which they
may think calculated their liberty prosperity
md happines and hnr in conformity thereto, no other
condition is imposed by he Federal Constitution State
in order 10 admitted into this Unon except that s con-
stitu,on shall be republican,; and that the imposition Of any
other by Congress would only be In violation OF the
Constitution, bn, in direct conflict with the principle on
which political system rests"
In his speech, supporting this resolution, Dir. Calhoun
said
"Slr hold II b. fundamental principle Of our pot
cal system that the people hnvo right 10 establish what
government they may think proper for themselves that
every State about become member Of this Union has
right form It's government it pcascs and that II
order be admitted there is but qualification and tina
is that the government shall be republican"
II will be recolleced that prior TO the meeting OF III
Southern members of Congress in si9 requested
draft and present the resolutions which the basis OF III
action. upon the committee OF thirteen which report
ed the Address; and also upon the subcommittee OF hy
which framed il; and know personally that provision
that Address deliberately considered than tho fol
lowing:
"Whnt propose In this connection is make few
marks what the North alleges er.oneously TO be the is
sue between and them.
$50 far from maintaining the doctrine which the issue i'm
plies we hold that the Federal Government has RICH
TO extend restrict slavery, no moro Than 10 establish
abolish III has II any right whatever TO distinguish be
tween the domestic institutions Of State section
L. fay rho nd raOf