Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-14


ia operation that the right Of property IN
slaves being thus fully recognized to exist
in the Federal Territories, the duty OF the
Federal Government to protect 1t, 10 lis
fair and full enjoyment followed as All obvious
md inevitable conclusion, in accordance, rs
we'll with the fundamental principles OF Ill
government, as the sound maxlms 81 aniFeF-
sal jurisprudence, that vested lega! right DC.
ing acknowledged, legal remedies must Dc al
fordcd for its security; and that Whatever
right the law acknowledges, the law IN princi'
ple couples with it whatever is necessary TO
| its realization. This view so simple, ard II
would seem so conclusive, could scarcely nave
escaped the practical mind OF Mr.. Clay, II II
had been free from the honest bias OF feelings
| long entertained in respect to slavery ana lroh
! the natural desire to coneiate or pardon some
thing to the demands Of the free soil sentiment,
in accommodating his patriotic plan al com
promise to all sections. In The end A!r.
| Davis amendment Was rejected. 80 also
was the proposition to Insert the iin'oE
Provisu, excluding slavery from the terri
tory, Mr. Webster himself opposing It on the
ground that slavery was already excluded from
4 bv natural laws and that it was unnecessary
to "taunt or reproach' the Southern people 10y
inserting the provision (Sec vol. Wcts;ers
Works, by Everett, p. 3j2;D and the bill, as It
passed as one Of the compromise measures,
first making compensation To Texas ior hsr
claims and fixing the boundaries left the ter
rtory, in respect TO the " Ter loci III regard 10
slavery" us It then s.ood, tho status as it
nov exists" with the proyiso that the territory
should be admitted into the Union as a State,
rith or Without slarery rs its State Constitu-
ton should prescribe, and referring, in the
meantime, 70 the decision Of the Federal
Courts, "all cases involving title to slaves"
aad expressly authorising "wrts Of habsGa
:orpus invoking the question Of personal free
dom" Here is the end section Of the act:
Sect. Cd That all that portion CT the ter
ritory (here the boundaries are given,) he, and
the same is hereby erected into :. temporary
government, by the name Of the Territory of
New Mexico: Pr0rided, That nothing in this
act contained shall be construed to inhibit the
Government OF the United States from dividing
said Territory into two or more Territories, in
such manner and at such times as Congress
shall deem convenient and proper, or from at
taching any portion thereof to any other Ter
ritory or State Ind, proriled further, That
when admitted as State, the said Territory CT
any portion of the same, shall be received into
the Union, 1ciM or Hthout slarery, AS their
Constitution may prescribe at the ting Of their
admission. 10 L. 5. Stat. Law: p. Al.
By the It'll section it was provided that the
Legislative power of the Territory shall extend
to oil rigAtful subjects # legislation, consistent
eih the Constitution II Ike United States,"
but that all lass should be submitted to Con-
gresS. and that "if disapprovcd, shall be null
and Of no ctfrct;" by the 10Th section, that
the Judicial power OF said Territory shall be
vested in Supreme Court, District Courts,
Probate Courts, and in Justices Of the Peace;
that writs Of error and appeals iroul the final
decision Of said Supreme Court, shall he al,
lowed to the Supreme Court of the United
States, where the value Of the property or the
amount in controversy shall exceed $1,000; e1-
cept only thai IN cases ivr0lrg"g Tie title TO
Slares, said writs Of error or appeals shall be
allowed and decided by the Supreme Court Of
the United States, without regard to the value
Of the matter, property, or title, in controversy;
and except, also, that ~rt oil error u appeal
shall be allowed 10 The Supreme Court Of the
United States, from the decision Of The said
Supreme Court created by this net, or Of any
Judge thereof, or Of tho District Court created
by this act, upon any arrit et haJecS corpus in.
volring the question Of personal freedom
same Jurisdiction in ali cases arising under
the Constitution and laws of the United
States as is vested in the Circuit and Dis.
,rict Courts Of the United States; and
the said Supreme and District Courts of said
Territory, and the respective judges thereof
shall and may grant writs Of hnbeas corpus in
ull cases in which the same are grantable by the
Judges of the United States III the District Of
Columbia BY the 18th section it is provided
that The Constitution, and all laws OF the
United States, which are not locally inappllca-
bic, shall lave the same. force and effect within
the said Territory OF New Mexico. rs else
where within the United States and by the
l9:h (the laStJ section, that no citizen OF the
United States shall be deprived Of his life lib
crty or property in said Territory, except Gy the
iuGetarn. Of bis peers and the laws Of the land"
In this connection, it is we'll to observe that
under the 18th section above mentioned, by
which "all the laws OF the United States, not
locally inappIicabc." are extended over the said
Territory Of New Mexico. was embraced in the
following, being the 18th section Of the act or
can;zing the Judiciary of the United States, or
what is commonly known the Judiciary Act
! l1So) THAT all the before mentioned Courts
or the United States e. {. the Supreme Court
and the CircutanI District Courts shall have
power to issue writs of scirs tacios. MIsas CIR.
pus, aml all otter nritS not specially Prorided
jor By statute, which may be necessary for the
exercise Of their respective jurisdiction and
oqreea5le to tho principles ana uSages IF lGio.'
Dunlops Laws L. S, PIP. 52.3.
FROM this hurried review Of the res geStr, and
synopsis of the act Of Congress organizing the
Territory of New Mexico, it would seen, iinpos.
sibie not to see:
]. That difference Of opinion prevailed as
to the question, whether the legal right 20 hold
slaves, IN this territory, existed At that time.
g That nothing rs TO that question, was at
tempted to be determined by that act Of Con-
gress. But
3. That the whole question was left open, to
be decided by the Federal Courts and
/ That express provisions were made in
the act for It's Observation-Disclosures created, ju.
risjic;Ion given, specific and general, RENE
dies supplied-ull the machinery for the adju-
dicaton OF the question being most infinitely
arranged.
5. That, leaving that question open for the
decision OF the courts, it was provided that
the Territory should he admitted into the
Union as State, on proper application, with
or without slavery u its constitution should
provide. =,
1t ought specially to be observed, that sin all
cases involving title to slaves" writS Of error
or appeal arc allowed to the Supreme Court
Of the United States. without regard 10 the
value of the matter property or title in con-
troyersy,'' anu also upon any writ OF haoea5
corpus involving the question Of personal free.
ioln;" ind further, that the Federal Courts Of
said Territory have pnwcr TO issue ali other
writs not specially provided for by statute
Which may DO necessary for the exercise Of
their respective jurisdictions, and agreeable 10
the principles ard usases OF law"
And although tho Supreme Court Of the
United States is understood to have decided
in Stare OF Pennsylvania VS. The Wheeling &c
Bridge Co., !3 How. 5ls, that There is No
common law Of the Unon;" Jet it must be ia
miliar knowledse 70 every person at all CONVEX.