Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-03-27

fghts arising from said relaton-the relation between
master and save or TO constitutional terms the re
lion between persons held to service" and the person
TO whom such service is duen The relation of master
and slave is here fully recognized. The rights arsn!
from said relation are not TO be impaired" This forbid
either Congress the Territorial Legislature from repeal
ing the act before referred TO for the ptotecton Of pro
perty in slaves in New Mexico Slavery now exists and
protected by that statute Toe rights arising from thai
relation, in New Mexico, spring from and connected
with it, The repeal of the statute would impair these
rightstbe repeal therefore, falls under the prohibition
OF the amendment.
The exi,tence of slavery, fact is admitted and re-
cognized by the amendment--ihe announcement tha;
this condition not 10 be changed excludes controversy
as TO whether IL came there properly not. How
the rights OF the be protected? The very re-
coguton OF the relation of aud slave invests the
master with all the rights OF that relation; bur he has
ample code embodying protection 10 that relation and
the rights sprnging from tthese rights cannot be i'm.
paired or abridged by Withdrawing that protection.
How are these rights to be awarded him VIXEN with
held, or vnicaed when assaled They to be sub
jet to Judicial cognizInce in the federal courts
ding TO the course OF the common law"
Now Sir. President beg leave say that very many
TO mske the import of this portion of the adjust
mont The Common Law is not here referred 10
ferring the right of the hs slave but is refer
red to solely furnishing the remedies enorce those
rights. The right is given in the proposed amendment
itself Slavery as present, existing condition, is ad.
med and recognzsd-thec condition is not to be cham
gedthe right carry slaves the territory is not to
be hDdeTed or preyented-Ibe rights arising from the
relation OF slavery so to be impaired. Then
the clause which places these rights under judicial cogni
zlEce to be awarded vndcated executed and protect.
cd according 10 the course OF the common law That
maleable flexible and expansive system Of jurisprudence
known as the Common Law" is pointed TO- not the
source of the rights OF the MASTER but the eboundng
=ld furnishing all proper aud neediu remedies for the
assertion Of those rights Il the proud aud just boast
Of the Common Law that il knows right without
| a
The celebrated case decided by Lord Mansfed-I mean
the Sommerset casein which it said that slavery
unknown to the common hw-has relation, whatever
to the question under consideration and would have
basis TO stand in arising in Territories
der the proposed amendment. Neither that decision nor
any principle deduclb.e from it, has any application 10
this proposition agreed upon by the Peace Conference
none whatever That decision went upon the ground
that statute Of England recognized slavery that 1t
condition unknown TO the Parliamentary cCGe, unknown
10 statutory or Constitutional provisions recognitiou
and that the common law, and the common Law alone
be looked TO- both for the right aud the remedy
m from one Of the Islands, seeking his
slave the soil of England was met by the objection
ast declared his right to recover the slave
recognized the relation Of aud slave, and he
remtted and restricted to the common lAW for
dress. Here the Constitution ltseitlor it is proposed
to embody this proposition in the Consilution-hee the
Constitution the Orglnc law recognizes the rght-de-
csres that the right shall never be impaired thst aw
shall be pissed by Congress, the Territorial Legisa
ure 10 hinder prevent the carrying of slaves from
any Of the States Of this Union into the Territories,
to impair the rights arising from such relation. That
laton is admitted and sanctoned in the solemn and
perfect form by the fundamental law itself accord
| ing to the proposition under examination After
tho right has been recognized and confmej after the
aon has been created and sanctioned then the decara
ion is tha the Courts shall take Judicial ccgnizluce Of
that relation according 10 the rules, remedies and prac
| tice OF the common law
Add, Nr. President need not ask yCu versed you
are known 70 b., in jnr prudenceI need not ask toe
professional gen lem n Of the body, what ample
md Abundant remedies could be afforded tran tho-e
Fiich 10 be drawn from the common Law The
ion # "dernue" where you desire tie possession OF
specific cha:,e is furnished by the common law TIE
scCn Of "troyer," il you waTe The question oi sp5cii
popsry, and content With damages s furnished by
the common law The ac.!on Of ";respassn the action
n "rep'CVG all actions that negd!u furnished
BY this system.
Old as it is, ia our oSn Commonwealth, you will find
act in the statute law OF Virginia in so many words
establishing slavery in this Commonwealth. 90 ba,1 10
he foundation OF the Colony and you WI, Gld law
esah -hiug that relton, or creating slavery II 1920
believe it WIS some twenty Air,can barbarilus we're
landed at jamestown, from a Dutch ship aud sold as
slaves From that period slavery has existed Virginia
That relation has been recognized and protected by va.
riou5 laws and by usage, for than two hundred
years in Virginia and has become interviewer with cur
social and industrial sysiem also with legislative
history.
Now, what the remedies most familiar in Virgiaia,
and which constantly sorted to for the yndicaton
Of the rights OF the master?
| The common law Of England belonged to Us when
colony VAS afterwards adopted par, of rris-
prudence aud is nov incorporated by statute into our
legal system except far il may be modified by legis-
| lathe enacments. We are in constant hab: OF re-
sorting TO common law remedies in Virginia. to enforce
and protect the rights arising OF the condition OF
slavery Vt the common Law in Virginia, no more
than the law in England in territory of it.
self recognizes slavery confcrs the right OF the
ter in his slave That right in Virginia is derived from
usages and legislative recognition 1t is recognized by
the Constitution Of the State end protected by law. BE.
ing recognized and protected the common law uru-
ish,s its remedies to carry aud yndlcate the rights
| which spring from the atiOn.
The action of detrue the action Of trover the action
| of trespags all common Law remedies applied daily
to slave property, to any other property. The right
being cont rred, the common law win its plastic hand
mouds the remedy by which the right is to be asserted.
And so in territory When the condition Of slavsry
shall have been ackuowl dyed to exist ss it is acknOw
adgedsby the amendment under consideration
under full protection, by the law of New Mexico aud
when it shall have been declared is proposed, that
"hc rights arising from said relations shall not be i'm
paired coupled with the provision that the rights
subject to Judicial cognznce, according to the course
Of the common aw, legal mind doubt, that the
common law would take hold Of those rights and supply
| all needul remidics for their enforcement Here the
common law jurisdiction is expressly conferred the
Federal courts and these courts are directed 10 proceed
under the remedies and practice of that system.
But it has been objected to this section, that does
not as Mr. Crittendcns proposi ion does, the term
slave" and slavery" and african slavery !" hst it
does not, the Crtenden proposition require slaves
be protected property by all the branches OF the
| territorial government.
We'll now sir is thers, in reality any difference be-
tween the rights of the under form of Ian
guage and the other? can cOncei'e of none. am
utterly incapable Of conceivng how the rights Of the
master may be affected by the absence the presence
of these of phras oogy. regard the termsin the
ore case as fully and distinctly embodying recognition
of slavery as in the other.
The introduction of new terms Of description into eny
amendment of the Constitution different from the des
crption OF the thing given in the Constitution it.
self is to say the least OF doubtful propriety and eYpe
dency We do find the words required to be insert
ed here used in any part Of that instrument You may
search it from the beginning to the end and you will not
find the word 'slavc" slavery in it. 1t has been
said that was fundamental that these terms were
not incorporated in the Constitution. will rot go into
a discussion of the question of the propriety of the
phraseoogy used in that great ps.rument but those who
are familiar with constitutional history will remember
that these very terms persons held service labor
| were of Southern and not OF Northern origin These
words were supplied from South Carolina will be found
in the account preserved by Mr. Madison of the debates
discussions and amendments proposed and adopted in the
Convention Of 1884, which framed the Constitution. Aud
why was il SOL Was it not the appropriate sequence of
the language used in the Sd section u the t article of
the Constitution?
have not copy Of the Constitution with me- but a
reference to is su lent 1t is by that article thattax
alton aad representation are disposed Of 1t will be
membered by all that representatives and direct taxes
are apportioned among the several States according 10
numbers which are be determined By adding to the
of free including those bound to