Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-03-07

how the of the word present in and ope-
rates. Although in the course of things, this valuable
and fertile region lying West of the State of Arkanzas
eminenty adapted to the employment of slave labor,
and of great importance to the South, must eventually
revert to the United States and become territory there
Of it is not present territory of the United States
But this section goes on further to provide that
"~No law shall be passed by Congress the Terrific
rial Legislature to hinder prevent the taking of such
persons from any of the States of this Union to said
Territory, to impair the rights arising from said
lation, but the shall be subject to judicial cogn
zance in the federal Courts according to the of the
common law" This looks fair enough yet perfectly
ilusory and worse than lusory, and meant to be So
What is meant by the common law? What common
law is referred to? The Federal Courts have no COM
mon law jurisdiction although questions involving COM
mon law may come up before them from the States
where such law is in force. What common law, then
the English common law, or the Northern common
aw-the common law which they assert is opposed to
slavery-the common law which says that freedom is
national and slavery local? By whom is this common
law to be administered in the Territories OF the United
States? Why, by Black Republican Courts, appoint
ed by Black Republican Presidents. This was exactly
the understanding of the Republican members OF the
Congress- as freely admitted by some of them and, to
show this fully, proposition offered to the effect
that in the appointment of judges and other officers for
any territory or territories north of Sc degrees 30 min
utes it should be required for their confirmation, that
majority of Senators from nonslavehodng States should
vote for such confirmation and that in territory or terri
tories South of that lne majority of Senators from
slaveholdng States should be required to vote for the
| If voted
showing the determination of the North to place slave
property in the territories at the mercy Of Republican
officers providing them at hand with power to inter-
pref away all rights of the owners of such property
But even if the law gave civil remedies, it has
no penalties for the abduction kidnapping stealing of
slaves and the Courts alone, under the common law,
even if, by favorable interpretation they might
enable the owner of a slave to maintain civil action
against an nsolvent Irresponsible worthless saveseaer
that would be poor satisfaction and less protection and
according to this section, power earth can give
this needed protection.
For this section he could not vote. 1t deprived the
South of everything, and gave nothing. North Caro-
lima, Virginia and Missouri voted together and against
| it.
The second section virtually prohibits the acquisition
of any new territory North Carolina voted against
that though caring very little one way or the other
The third section provides against any future amend
ment of the Constitution being construed to give power
to interfere with involuntary servtude in the States
the District of Columbia without the consent of Mary
land and of the owners of slaves the dockyards in
savehodng States or with the interstate slave trade
For this third section, North Carolina, Virginia and
Missouri voted as also for the fourth secon to which
refer the reader found elsewhere in todays paper
In the confusion of voting he had made mistake, and
teegraphed to the journals here that North Carolina
had voted for only of the propositions, while in fact
she voted for two. Against the fifth section he voted
Also upon the ground that if the present Conederated
States remain separate and maintain their independence
man moving slave two yards imaginary
line from South Carolina into Columbus any other
border county, might be held guilty Of piracy. We
would have beautiful state of things under that system
He could not vote for support the sixth section, be-
cause it makes irrepealable much that he regards
wrong and oppressive and degrading to the South
The seventh section reads thus, and is, if possible
worse than anything else in the whole affair
SEC 7. Congress shall provide by law that the United
States shall pay the the full value of his fugitive
from labor in all whe the marshal other officer,
whose duty it such fugitive prevented
from doing by violence, intimidation from mobs
by force and the thereby prevented
INSTRUCTED in the pursuit of his remedy for the
of such fugitive Congress shall provide by law for
securing the citizens of each State the privileges and
mmunites of citizens in the several States.
The effect and no doubt the object of this section is
to promote, encourage and facilitate the gradual abo
tionizng OF the Border States Congress is to buy uE
the negroes making the South pay half the cost of de
spelling herself. A, of North Carolina has negro
spirited off to Boston, and when he tries to get him.
mob prevents him. and North Carolina, from whom the
negro is stolen, must be taxed equally to pay for hin
with Massachusetts, whose abotionsts have stolen hin
in violation of the law and the constitution.
The closing sentence of this section is most peculiarly
noteworthy because of the object in view, which was
plainly avowed 10 conference. That object was to al
low Northern free negroes to to any point South
and there claim and exercise all the rights of citizenship
In order to test this amendment offered making
read that Congress shall provide by law for securing
to the free white citizens of each State etc. The
amendment re ected by overwhelming vote, anc
the words "ree white" were not inserted Further in or
der still fully to test the matter Mr.. Davis il
his place. and enqured of one of the Commissioners from
Massachusetts-Mr. Crowningshield, we think-if hi
considered free citizens of Massachusetts His
reply was Yes certainly" And under this you would
insist that when coming to North Carolina, for instance
these people, not considered by should have all the
privileges and immunites of ctizenship?' Certain
y So that in fact all our police regulations excluding
free negroes from other Statesor requiring that fret
negro sailors shall be under certain restrictions 10 ou
ports and in fact all laws of this kind, framed for ou
own protection and necessary thereto would fall to the
ground. That is exactly what the North means by
this last sentence of section seven
But even this Franklin Substitute, mean as it is de-
ceptve it is passed by minority vote at last. Three
Northern States did not vote on it all finally The vote
of nine given for the thing decided minority Of