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

. sioa made in the very first article ot the Cor
stilutlon, and may bc justly called the cornel
stone Of the Whale fabric. Upon il. represen
laton and taxation both rcposc. 1t declare
IN Hmine that representative power and taxs
ton shall be according to an enumeration {
inhabitants; shall rest upon numbers, whlc
are to he determined by adding to the Who'll
number Of free persons, including those boun
to service for term OF years, and excludln
Indians not taxed, three.fiitlis Of all other pei
sons We have three iiithS Of our slaves count
cd for representation, under this clause, an
by the description Of "othcr persons"
We find slaves everywhere in the Constitu
ton treated as persons; they were nccessaril
treated as persons in that section, for the reu
son that representation was not to be given t
any bot persons. 1t Vas not based upon pro
pcrtT. Representative power was to rest upoI
population. This was the theory of the gov
ernmens Of the United States. 1t does not res
upon property, or upon property and consrbu
ton combined. It, was based upon the mum
Der Of the nhabitat:s, and the great question
upon that portion Of tho Constitution was
whether the whole number of slaves should b.
enumerated US persons, for the purpose CT re
presentation or taxation, and wha. lesser auu
Der SHop!u De adopted.
will hot 60 into the discussions which oc
Cured upon that question at different periods
both i'm the formation Of the articles Of confed
Grafton, and this article Of the Constitution o
the United States. All will remember, how
ever, that when it was matter of interest &c
| fix mode for determining the ratio Of contri
button by the respective States under the arti
cles Of confederation, to the support CT gov
ernment, that the number Of inhabitants was
finally adopted as an exponent of the wealth
nr the Stale, aud Of its capacity to contribute.
The question then presented itself, how far
slaves should ne COUNTED a. persons, in order
TO fix tue amount to he paid by the States
Some Of the Southern representatives held that
they should not be counted for that purpose ut
all. 1t was, however, determined that three
tifths should be included in the enumeration.
The same numerical proportion, under the de-
scriplion Of "lhree-hlths OF all other PERSONS, =
was afterwards adopted in the Constitutions, as
the measure both ofrepi esentation and taxation.
Having included slaves for representation and
taxation, under the designation Of ''olher per.
sons," it WAS appropriate to speak Of them and
describe tlIenl in other PORTIONS Of the C0nStl.
tution by similar teTns. Tins, in that section
which provides for the rendition OF fugili"eS,
the same form Of phraseology is adopted, with
qualification showing the status of the person.
"Aay rersDn keid 10 ssrptce or labor" escaping
from one State into another, is to be surrender
el tu 'lhe person ~ wh0m such service or
labor is due The ''person held to service or
labor is slayc--a slave to the person 10
whom such service or labor is due" lie does
not fail either in the category Of those to whom
full representation is awarded, or that %hich is
excluded lie is not to be enumerated in the
class Of ''ircs persons, including these bound
10 service for 4 term Of years" nor excluded
with Indians not taxed" )" but lc belongs to
the class Of Gull other persons Of whom
three iiths are to be numbered. lie could not
be called slave" in this clause Of the Con-
sttulon because The slave is property, and
only persons are to be represented. If in the
other section referred TO, they had been called
fugitive slaves" departing from the terms
used in thc FIRST article, 1t uEight have been
doubted whether they belonged 10 the class
described in that article as "other persons" !"
They are therefore called persons held to ser
vice or labor" They are both persons and
property, anu 80 the laws Of all the siavrhold-
ing States treat them.
am content. with the language Of the Con.
sttutun as our .,fattirIs .loadr j. L. nul moi
hg,A .;jasH. pt.jtis. think "e shall act wisely
by adherng ~ their well considered phraSeoiu'
" The Constitution rs ii is has received COLI
struction, and is well understood in The partic-
ulur matter under examination. persons
held TO service or labor are s!aTes, and recog-
n!zed as such by all. see no advantage III
substituting the word slave" for persons
held 10 service or labor" | DO not think,
therefore, that this report Of the Peace Con-
ference is obnoxious 10 rcproach IN that point
ol view"
Now, in point Of protection, Mr. Crttenden's
PROPOSITION provides that slavery shall be pro-
tcc!ed as property by ell the Departments
Of the Territorial Government.
Mr. President, does that strike you as any
more reliable 10 ,he Shareholder IN New Mexico
than tie protection which this section affords !
When Mr.. Crittenden says that slavery shal!
be protected by all the Departments OF the
Territorial Government, what docs 1t amount
10, more than il provided here. The amend
ncnt proposed by the Peace Conference selzes
slavery as it now exists in New Mexico and
fa.tens the machinery by which 1t exists and
is protected The condition is not 10 be
changed :,
The legislative branch Of tho Territorial
Govsrnmen. has performed its duty. There Is
slave code conierring rights aud protecting
rights already in full Iorcc und operation III
New Mexico; and the amendment proposed,
declares that these rights shall not bc impair
ed. They would be impaired, perhaps de-
stroycd, by the repeal Of this code. The repeal
then is prohibited, during the continuance ol
the Territorial Government
Then, sv far rs the Legislative branch o.
the Territorial government Il concerned, II
needs no constitutional mandate 10 protect
slavery in New Mexico. 1t has already per
formed that duty and is work cannot DC un'
| done.
Then the judicial department Of the Terrific
rial government, is required 10 take cog
u,zance Of the rights Of slave owners, and te
pru,cct them by Ill remcdies Of the common
law, and which Is in addition 10 the rights anc
remedies given by the Mexican statute, ane
which the Territorial courts are bound to exc
cute, by virtue OF the statute itssli.
rhe legislative and judicial departments o.
the government, then, are bound 10 protect, q:
much SIS under Mr. Crittendens proposition
Well, what power has the Governor OF th
Territory over the sutec!y He is 10 sec tn
| llNS lLiS IL II ~ hiS -
co, under the law Of the Territory, and IN
proposed amendment as it would be under IN
amendment of Mr.. Crttenden.
/! msy be remarked here, that while Con
rress and the Territorial Legislature are not L
.'impair tie ii.hts arising from this relation,
there is no inhibition against the passage .
laws for the protection Of those rights, II any
OCCASION should occur requiring it. On III
contrary, | should hold that the yer.
mandate Of the ConstitutIon-supposi!n
this amendment to brcone part oil IN
Constitutlon-the very prohibition agaiins
iuparimg the rights arising from this relstIoh
would OF Itself Dc u source Of poTer and ol out.
~ protect and secure those rights by the pnSs
age Of laws for that purpose. 1t might be, II
any given case, that The very omission TO pas
a law for its protection, would itself be IN I'M
pairing of the rights springing from the reia
ton.