Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-25

divides 1t by the same line. observe that on
Of the distinguished Senators from Virginia i
the Senate Of the United States made this OF
lection: that it was q surrender Of the right
OF the South on the North side Of the line Of 81
80; and vet that same distinguished Senate
himself offered tho first article Of the Critten
den proposition us substitute for the first ul
ticle Of the adjustment at Washington, and S
far as the partition Of the Territory by fxe
line is concerned both are precisely alike.
Passing from that objection. and insisting
that We might well have thought ourselves jus
tilted in approving fair partition Of the Terri
tories by the plain directions Of the resolution
Of the General Assembly under which We wer
commissioned, beg leave TO submit some re
marks upon the section itself
have before me the propositions submitted
in the Senate Of the United States by Mr.. Crit
tenden, to whose patriotism VIC have just pait
tke tribute Of our homage and respect" as aIs'
the report Of the ad djustment made in the Peace
Conference at Washington. propose to cal
the attention Of the Convention, with lis per
mission, TO the provisions contained lit thcS:
two modes of adjustment think, Mr. Presi
dent, tina. it can be made quite manifest that
while the adjustment made ip the Peace Con
Grittrnden proposition, that it Is in many re
spcc.s, il sdvance of it and OF more real value.
The first section Of the report is in these words
''ln all the present Territory Of the United
States, north OF The parallel OF thirty y.si1 de-
srees and thirty inmates ui north latitude, IN.
voluntary ser"itude, except in punishment OF
criue. is prohibited. In all the present Terri.
tory south Of that line, the stetsA Of persons
held 10 involuntary service or labor, as 1t now
exists, shall not be changed; nor shalt any law
be passed BY Congress or the Territorial Leg.
islsture to hinder or prevent the taking fsuch
persons from any Of the States Of this Union TO
said Territory, nor to impair the rights ari.
sing from said relation; but the same shall be
subject 10 judicial cognizance in the Federal
Courts; according 10 the course Of the common
law. When any territory north or south OF
sad line within such boundary as Congress
may prescribe, shall contain population
equal 10 that required for Esmber Of Con-
gre>s it shall, ii It's foEm OF government be re-
publican, be admitted into the Onion OF an
equal footing with the original States, with or
without Involuntary servtute, MS the Constl-
tuliou Of such neS Slate may provide.
Mr.. Criltemden's corresponding proposition
j. in these words
"!n aii tho territory OF the United States
now held or hereafter acquired, situated North
Of latitude thirty six degrees and thirty mi
nuteS, slavery Or involuntary servitude, except
as q punishment for crime, is prohibited while
such Territory shall reuiain under Territorial
Government 10 al the territory South Of
said line of latitude, slavery OF the African race
is hereby recognized as existing; and shall not
be interfered with by Congress; but shall be
protected as property by all the departments
OF the Territorial Government during its con.
tinuance; uud when any Territory, North or
South of said line, within such boundaries as
Congress shall prescribe, shull contain the po.
pulation necessary for q member Of Congress-
according to the Then Federal representation Of
the people Of the United States, it shall, if its
form of Government Ge republican, be admit.
ted into the Union on al equal footing with the
original States, with or without slavery, RS the
Constitution Of such new State may provide.
The provisions are the same in both in re-
ference to the Territorial division, and both
provide that any new State Shall be brought
into the Union with Or without slavery, las
the Constitution Of Sucn new State may pro-
VIDE"
Now, Mr. President, by tie provision CT the
mcut, the status Of persons held to involuntary
service or labor, Us lt now exists, can not be
changed The status Of persons held to IN.
voluntary service" is state or condition o.
slayerv The persons 80 held In involuntary
servica ure themselves slaves. But this Status
OF persons held to involuntary service is fur
ther indicated and fixed by The words las II
now exists" The announce,nent Is that the
condition of slavery las it now exists shall
no. be changed.
Il IL known 70 tue members Of this COnVen'
ton that on the South side of this line Of S6
deg. 80 min, slavery uf the African race no"
exists; and this adjustment by the Peace Con
ference, must be taken in connection with the
fact that slavery has already been established
on the Soulh.site Of this line, and has received
already, prior TO the labors Of this Conference,
the most full, perfect and complete protectloo,
az the hands Of the Territorial government OF
New Mexico; and that tha existence OF TINS
state of slavery under the law OF New
Mexico is the condition Intended to be re-
coeuizeG by this article; and this provl'
sion. # it shall find place in the Con
s,itution of the United States, recognizes
in effect this law Of New Mexico as 1t stands
on the statute book Of the territorial govern
,n.nt I. comedies the condition OF slavery, lr
,he Territory. now to exist. It was specially
established bv the law of the Territorial LegIs
lature. When the existence OF the institution
j. itself admitted und recognized, the law OF is'
creation and protection, meets an equal recog
milton. This condition Of slavery "as II no"
exists" is not to be changed during the terrific
rial state of the country. Hos does 1t nov
exist!' By territorial law. What does tn
declaration mean, that this condition shall no
be caangedr" 1t means that the terrltoriu
law, establishing and protecting slavery, snal
no, be repealed during the continuance OF ta'
Territorial Government. Slavery exists III New
Mexico, both de jurs and de ftteto
Permit me to call the attention Of the Con
ysntion to this code, adopted oy the NeN
Mexican Territorial Legislature, on tue orr
day of February, 1853. The very title OF th'
s,:i is-.An nc, to provide far the prosecst9'
or yroper,y in slaees in this Territory" ln'
statute consists Of thirty-one sections, una :,
will take it upon ME to say that It is as 'ull
co;nplete and perfect codscation OF ell act:
necessary for the discipline, protection a.'
safety Of this population, as can be iounu Il
any one Of the States Of this Union. G nav
nothing. in the whole compass Of our statu.or
eoactmeuts in Virginia .ua! meets more 'no
, rouqbly every case growing out Ct the presence
or relating to the value and use Of slave proper
than this act supplies. The law tse!', Passe
by the Territorial Legislature OF New Mckee
and which now have brlore me, Is TOO Volu
nico,,s 70 read entire before the Convention
| will present lew SECTIONS, as specimens
the whole;
"Syc /. That every person who shall b
convicted of the unlawful killing OF Save: .
| other offence upon the person OF slave viii
in this territory, whether as prlnclpa, or u
cessory, shall suffer the same PAINS anu pens. ~
ties as if the party upon wh"se person III
otf.ace was committed was II free white peF>ol
sac .. Every person ~ho shall steal an
slave, with the intent that the owner or all
one having All interest in such slave, pTeSel
or future, vested or contingent legal OF eqa'o