Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-14
Tho Legal sta,us OF Slavery in the Terri

readers tho following argument from the pen
OF an able lawyer Of the Richmond Bar. The
author is not politician or partizan, and ne !
discusses the Franklin Substitute on legal prin- !!
ciplcs. !
Esgal meaning Of the proposed amehdmsntfo
the Constitution Of thd United States snl.
Jraced in the first sectih. Of the Franklin
Substitute.
The frs, section Of the franklin Substitute
reads as follows, =
SEC l. In I'll the present Territory OF the
United States, North Of the parallel Of &c de-
grees, 80 minutes Of North latitude, inyolun-
tary servitude, except III punishment for crime,
is prohibited ia all the present Territory,
South Of that line, the status Of persons held
to scrvitudc or labor, as it now exists, shall not
be changed. Nor shall any law be passed by
Congress or the Territorial Legislature TO him
der or prevent the taking Of such persons from
any of tive States Of this Union to said Terri
tory, nor TO impair the rights arising from said
relation; but the-satne shall be subjecL to judi.
cia cusnizance IL the Federal Courts accord
ing TO The course Of the coumon law. When
any Territory North or South Of said line,
with such boundary rs Congress May IRE
scribe, shall contain population equal TO That
required for member Of Congress, i! shall If
| It's form Of government be Republican, DC Ad-
rlilted into the Union on ali equal ioo!ing wath
the original States, with or without involuntary
SerYitud-, rs the Constitution of such State
my provide.
These provisions embrace the following pro-
positions:
|. That in all the present Territory North
of the parallel Of &c degrees, 30 minutes, slave
ry ,huN Lc prohibited
,. That IN all the present Territory South Of
that line the status Of persons held 10 service
or labor as it now exists, shall not be changed.
g. That neither Congress, nor the Ter
rilorial Legislature shall pass any law to
hinder or prevent the taking of such persons
from any OF thu States OF this Union to said
Territory nor 10 iupairthe rights arising from
said relation.
T. Bat that the rights arising from said rela-
ton shall b. subject TO judlrlu! cognlzance IN
the Federal Courts, according to Tue course Oh
| the common law.
5. That new States shall G- admitted into
the Union from any Territory, North or South
Of said line, with or without siayery, rs the con-
stitutiun Of such State shall provide.
This is believed to be fair analysis Of the
whole section.
The frs. observation to be made is, that as
to all territory North Of the parallel Of 81 de-.
80 min., slavery is, in plain terms, absolutely:
prohibited. That much, it must be admitted,
| is clear: aud that much, it must also DC admit
ted is clear concession OF the constitutional
rights of the South rs expouuded and illustrated
by the Supreme Court in bred Scott IS. Sand.
tori.
The next observation is. that as to ali terri
tory south of 81 de-. SO uin.. nothing is stated,
except by cireun.l0e4:to1s, inference, or 1iapA.
cqtica. There is no direct acknowledgment OF
the existence of legalizsd African slavery in
the territories; OH the contrary, there would
s-vn, to be careful avoidance Of the recogni-
ton of the T;,ctum IF slavery at all. The
status rs il now exists, Of persons held 10
labor or service, il TO remain unchanged; but
what that status is, lis left wholly unexplained
The South contends that it is the status OF no.
solute slavery. The North contends for the
reverse The South CONSTITUTES the bred Scott
decision rs establishing the recognition OF the
right Of the citizens Of the slaveholdIng States
to carry their Slaves with them, like any other
property, into all The Federal territories, and
the duty of the Federal Government to protect
that property in the territories, like any other
property, come FROM what section it may.
The North denies the validity of that decision,
if il is 10 he 50 construed or denies that it ad
mits of that construction. 1t is con,endcd by
some that the Constitution deeS recognize the
right aforesaid, and that the Supreme Court
SO decided in bred SCOTS case, but that the
bare, naked right exists and that Congress
has no power to enact laws necessary for the
security and practical realization Of the right.
In other words, the whole question is lett open,
as to the territory south Of the line, which is
now ct ISSUE between the North and the South
as 10 all tue territories. Nothing, therefore, is
settled or adjusted, except the surrender Of the
question as to the constitutional rights of the
South, in respect to oil the territory north ol
sc deg. 80 min, which constitutes by far the
larger and more valuable part Of the common
territory, now held in trust by the Fedcrul
Government for the people OF the United
States.
l. NAV, indeed, seem at first blush that there
is in this first section an implied, If not d.
rect recognition of the relation Of master and
slave in the territory South Of that line, But
more careful examination will show that the
language used in this connection is at once
eract and ragus. and cannot fairly or with any
certainty he so understood. These are the
words: Nor shall any law he passed by Con-
gress, or the territorial Legislature to hinder
or reYent the taking Of such persons from any
of The States Of this Union to said territory,
nor to impair the rights arising from said rca-
ton" Let it be supposed that the plain mean
ing of these words is, that neither Congress
nor the Territorial Legislature shall pass any
law to prevent slaves from being carried from
the several States into the territories, nor to
impair the rights, whatever they are, arising
from the relation Of master and slave. Still
the legal status Of those slaves after their ar
rival in said territory, must be determined by
the legal status of "personS held to labor or
service as it now exists in that territory; for
it is expressly provided that such status 'shali
not be changed" And what those rights are,
or shall be, which ''arise from the SAID rca-
lion" in q territory now claimed by the North
to be dedicated to freedom, and the status of
rim said persons in which "shall not be
chanredn must Of course be determined by
first ascertailling what that status is, out Of
which the rights OF said relation arise, and do
not at all appear from the language used
The whole matter is thus left completely
omen, And hence the logical proprietv Of the
Succeeding member CT the clause: "But the
same 1.-THE rights aforesaid) shall be subject to
;ndicial coenizance in the Federal Courts, nc
cortl;ur to the course Of the common law"
The sum of the whole is, that the status Of
persons held to labor or service, as it now
EXISTS in said territory, shall not be changed :;
that other such persons may be taken thither
from the several States; that the rights arts
ING from the relation which said persons sus-
tain to those towards whom they sustain them
in said territory, whatever they are shall not be
impaired by congressional or territorial legisla-
ton, ard that the Federal courts are to decide
what that stans is, and what those rights are,
according to the course ofthe common Law"
Take a case: a Virginia gontleman carries
bis body servant, person held to labor or SER
vice, TO the sah territory, South Of So deg.
80 min" as dill Dr. Emerson his body servant,
bred Scott, from Missouri TO the territory North
of that line. When the slave gets into the