Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1852-03-27

sion of positive enactments Ivy the United
States over the country. lie maintained
TINT such as were not in actual enforcement
in the country prior to our occupation, were
no t to be recognised, ana that no political
sanction could be given them, except TO the
extent in which they were found in real de
.facto operation, aud deriving their force from
the absolute requisition Of the society in
which they were obtained.
The point was, whether the constitution
of the state deprived citizen of any right
which he had before its adoption. In the
absence of any express declaration other
wise, ho held that the operation of the con
siituiion was prospective only. 1t declared
that in the future there should he no such
class of persons rs slaves in the state. lie
sac no reason for interpreting This prouision as
declaring the s'dUes III The state free. HIS
ground lras, that the people IN The state could
hold no poirer 10 dcprire any person Of rights
irhich he had to any property at The time Of the
adoption Of The constitution.
Mr.. Peuchy said the whole argument of
Mr.. Ellis, of Nevada, was founded upon the
supposition that freedom is denied to the
persons in question by the constitution of
this state, aud that the clause in the federal
constitution in regard to fugitive slaves does
not conflict with and override that provision
of our constitution. Mr.. PeOchy does not
consider the question whether the slave bc
! fugitive or not, to enter into the discussion
of the lih section of This bill.
That section is intended to provide for
the case of slaves brought to California be-
fore her admission into the Union. Ii does
not limit its measures Of Justice to the fulfil
ment of the obligations imposed upon this
state hy the federal constitution. 1t goes
farther, much farther. The true question Is,
/ did the constitution of this state invest, with
! freedom, such persons MS existed IN this
/ country iu the condition of slaves, prior to
| its adoption? Mr.. Ellis, of Ncvadn, seems
To take it for granted that such is tile opera
tinn Of the constitution; because he is Of
( opinion that only lugilives from labor can be-
surrendered. Mr.. Pcnchy, for the reasons
above stated hy him, differed from MIR. Ellis.
! MIR. Peachy thought that slaves brought into
! the territory of California, continued TO bc
slaves in said territory; That when the terri
/ tory passed into n state, by the adoption of
It's constitution, no change was made in the
/ condition. Of said slaves that the clause OF
the constitution prohibiting involuntary SER
ytudc, was prospective, not retrospective,
and did not destroy the owners right OF
/ property in his slave; aud thnt il is very
4 proper Tor the Legislature to afford TO the
/ pusScssor OF rights of this character, the
means of enforcing them.
MIR. Ellis said he cOurlrred entirely win
| the gentleman from San Francisco, so far us
| rcla'cd to the operation and effect OF the
laws of n conquered country, when IN con
/ nict with the laws of the conqucror, nor
would he question the soundncss OF his ar
gumcnt ia support of the rights of the slave
owner to carry his property into territory
which was the common heritage OF The
Whole body of the American people. Ills
objection was not 10 the osiensihIc olJeci
contemplated hy The bill, for that object
was n worthy one, aud should receive lis
support; but under the operations OF the
lih section, he saw necessary construction
in conflict with the SOLEMN constitutional
provision that nriihcr slavery nor involuntary
scrviludc, unless for the punishment ol
crimes, sliall ever he tolerated in tie state.
This section, hy necessary implication, docs
, "tolcratc" slavery for un unlimited series o
years. II recognises the existence OF slave
ry not only since the adoption of the cunSli
tuition, but goes lnrhCr-it prospccilveli
throws its protecting mantle over slavery iol
. all time TO coGe--ut least so long as there
, shall exist slave, brought into the territory
of California before the adoption of the con
stitulion, or any of his progeny. The Gus
todv of the slave is given, by this law, TO the
mnsicr-and no time is prescribed IN whic'
he is required to remove lin from the state
lie may therefore appropriate his labor ont
1 under tho speciOus prelensc ol intending i'
remove him, nt some underlined period o
the future, he may hold him to service; ant
thus under color OF law, aud 10y tlle legliI
c mate Interpretation of n statutory enactmenl
0 the constitution is invaded, mud slavery /
4 planted in the soil of California. am no
- willing, without first invoking the voice q
the people, to introduce slavery into tlil
state. ii gentlemen think it desirable 4
: Introduce slavery into California, let theu
!, call upon the pcople-nnd their voice shu
:, be to me as the voice of God.
y Mr.. Crahb addressed the House at som
; length. The Object of the bill was to sc
cure the rights of citizens of the Unite
States to such property rs they held IN th
Z country at the time the constitution wa
r adopted. The trainers of the Consli'u,io
" would not have made Il special provsiu
p prohibiting slavery in the state, had the
deemed that the Mexican law nbrogatc
!, slavery before the formation of that instr
h mcnt. Mr.. Crabb maintained that no slave
Mt had existed in liie state since It's formation
for, slave living with his master, aud re
tcring labor to him with perfect free will N
70 '',p consent, was not u state of things in conill
y, with the constitution.
~ Alessrs Peachy and Ellis, of Nevada, c
10 planned their positions more definitely.
=, Mr.. Brush could see no reason for the pa
70 70 snge of the bill, as the Fugitive Slave la
w. passed by Congress, was sufficiently conpr
= hensive to cover the case. lie had be
VI branded an abolitoinst; he Indignantly d
oc MED the charge, aud proceeded 10 define
" ~ position.
'h' Mr.. Hammond did not stand up as a sout
~ ern or northern man, but as n California
", having at heart the best interests of I
cn state. The constitution of the state slric
'P- prohibited slavery, and he would never u
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