Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-04-05

very great extent upon the same principle as
ours, and formed somewhat in imitation of it;
having a council of elders or chiefs, acting
as a Senate, with House of Representatives
which two bodies constitute the legislative
branch of their government.
The treaty by which these lands were ce-
ded to those Indians makes the territory
granted their own property and domain. and
whether included directly or Indirectly in
this adjustment would be wholly immaterial
so far as their rights are concerned.
The Indians hold these lands by treaty
stipulation, and by deeds of cession from the
Government of the United States. The Ter
ritory granted to them belongs to them, and
not to US. They have their own government
laws and domestic institutions. No amend
ment of the Constitution would affect their
rights or disturb their position, being no par
ties to the procedure by which the amend
ment is to be made, aud deriving title, with
fixed boundaries. and possession, from q grant
antecedent to the amendment. The article
under consideration purports to deal only
with the Territories now belonging to the
United States.
1t must be conceded, think, that this ar
ticle of the adjustment, when read with the
light of the act of the Territorial Legislature
of New Mexico, recognizes the condition OF
slavery upon the South-side of the line of sc
deg. 80 min., as present, existing fact. 1t
declares that this ''status of persons held to
involuntary SERVICE" this condition of slave.
ry, ''as IL fao,0 EXISTS, shall not be changed
Having recognized the existence of slave
ry South of the line, it could not alter the
result, to determine whether it came into
existence lawfully or otherwise. Suppose it
be said that this territory was acquired from
Mexico-that previous to its purchase it was
free territory-that its normal condition was
that of freedom; and suppose il to be urged.
in addition, that the Legislature of New
Mexico had no power to enact the law refer
red to. Yet here is the constitution, the or
ganic law, the law to which all other law
must conform, declaring that slavery, "as it
now exists" shall not be changed-whether
it exists lawfully or unlawfuliy. Here the
Constitution, as proposed, seizes it, as it is.
recognizes 1t as present. existing condition,
and that recognition is to be embodied 10 the
fundamental law. This condition is not only
recognized. but is permanently fixed; it is
not to be changed.
Having fully recognized slavery as now
existing in the Territory, and having declar-
ed that that condition shall not be changed,
the amendment next provides for taking
slaves to the territory from any of the States
Nor shall any law be passed by Congress
or the Territorial Legislature, to hinder or
prevent the taking of such persons from any
of the States of this Union to said Terrific
ry," &c.
The right here secured, to take slaves to
the Territory, is another proof that the Ter
ritory. while Territory, is dedicated to sla-
very. The right of taking is worthless, if not
to be held and enjoyed after arrival.
Here, then, is another recognition of the
existence of slavery on the South of the line,
coupled with the right to transfer slaves, in
any number, from the States where it exists,
to such Territory. This right is not to be him
dered or prevented, either by Congress or the
Territorial Legislature.
Here is complete inhibition against the
passage of any law to prevent migration with
slaves.
But Congress and the Territorial Legisla-
ture are not only inhibited from passing any
law "to hinder or prevent the migration
with slaves, but each government is in like
forbidden to pass any law to impair
the rights arising from said relation"-the
relation between master and slave; or, to
use constitutional terms, the relation between
persons held to servicen and the person to
whom "such service is due.o The relation of
master and slave is here fully recognized
The rights arising from said relation are not
to be impaired" This forbidS either Con-
gress or the Territorial Legislature from re-
pealing the act before referred to for the
protection CT property in slaves" in New
Mexico. Slavery now exists and is protected
by that statute. The rights arising from that
relation. in New Mexico, spring from and are
with it. The repeal of the statute
would impair these rights-the repeal there
fore, falls under the prohibition of the amend
ment.
ITO be continually