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

e penalties as are prescribed in the forcgoin
n section Of this act. And in uuv indictmcn
}. preferred against any person for tue yioluto.
S of any of the provisions of this act, the pro
}, perty in the slave shall be well laid, if charge,
II 10 belong TO any person having an interest il
j. such slave, whether such interest be legal O.
:. equitable, present or future, joint or several
o vested or contingent
SEC. 4. Every person who shall forge o.
furnish TO any negro, free or slave, any fsls
& or fabricated free papers, or false evidence
= in print or writing Of the freedom Of such ne
J. gro shall, upon conviction, suffer iluprison
$ tnent Tor term not more than Eve years, no,
9 less than six months, and be fined in suu
}. not more than one thousand, nor less than ont
hundred dollars.
SEC. b. ANY person who shall hire, entice
: persuade, or in any manner induce any. slave
10 absent himself IRON the service or custody
, oi his owner or master, or who shall, upot
: any pretence, harbor or maintain any slave SC
aosenting himself from such service or Gus
tudy, shall, upon conviction thereof, suffer
, nne and imprisonment as prescribed in section
four ot this act aud shall, besiirS, be liable td
the owner o- master in civil suit fox damages
SEC. =. ANY person who shall cnaeavor Il
excite in any slave spirit of insurrecton,
. conspiracy or rebellion, or who shall advise,
counienance, aid, or in any inanuer RDrt any
slaSe in resistance against his owner or master,
shall, upon conviction, suffer Imprisonment
not less Than three months, nor more thar
three years, and be fined in sum not less
7 than twenty five nor more than one thousand
dollars.
TIE 25th section Of this act provides that
'the emancipation Of slaves within this terri
Nfnll, mat.
declares that the various provisions contained
in the act shall not he construed to embrace
the relation between masters and contracted
servants" but that The word "Slsve" shall
only apply to the African race There exists in
New Mexico system of peondge, by which
free persons Of mixed races lnt!Iau und Mexi.
i can, become servants for terms, upon contract
between tue parties. This relation Is also rsgu.
on the Goth day of January, 1859, | have be.
fore me. The act OF February Sd, 1859. from
which have read, relates enllrely to slaves Of
the African race" whose status, or condition
Of slavery is fully recognized and fixed by the
law Itself.
We have African slavery lhen, fully cstab-
lished and in existence, Soulh Of the hre Of 36
deg 90 min, by virtue Of the act vi the Terri
African slavery also exists within tie limits
Of the Cherokes treaty grant, the northern
boundary ui which is the 07lh parallel of ati.
tule. being one.haif degree beyond So deg.
80 iuin.
Many oi the chiefs arc large owncrs cf slave
property, engaged in !he culture Ct cotton;
with regular code Of their own, and with q sys-
TEN Of government founded 10 very great cx-
tent upon the sasue principles rs ours ard
formed somewhat in Imitation Of it; having Il
council Of elders or chiefs, acting Us Senate,
with House Of Representatives,, which tSo
bodies constitute the Legislative branch ol their
government
The treaty by which these lands were ceied
| TO those Indians makes the tcIrltHry granted
their own property and domain, and whether
included directly or indirectly in this adj ust-
nent would be wholly mnatcrial SO far as
their rights are concerned.
The Indians hold these lands by treaty stip-
ulation, and by deeds Of cesSion from the Gov
ernment OF the O. States. The Territory granted
to them belongs to them, and not to US. They
| have their own government, laws and domestic
institutions. No amendment of the ConStitu-
iinn wnntl nt.ct their ri',;,I ,|r;,..r ,J f.:
| which the amendment is 20 lac made, and de-
|
sion, from Il grant antcccdent 10 the a1nend-
ment The article under consideration pur
ports to deal only with the Territories no% be-
longing to the United States.
Il mis-, be conceded, I think, that this ar.
tcls of the Adjustment when read with the
lixht of the act Of the Territorial Legislature
Of New Mexico, recognizes the condition OF
slavery upon the South side of The line of 81
deg. 81 min, as present existing fact 1t de.
clsres that this "statuS Of persons held 10 In
voluntary service" this condition Of slavery,
"es il noD er;sts, shall not be changed"
|" Having recognized the existence OF slavery
South Of tt Q line, il could not alter the result,
TO determine whether it came into existence
lawfully or otherwise. Suppose 1t be said tE"t
this territory WIS acquired FROM Mcxco-thsl
previous to its purchase it was free territory
that it's normal condition was that Of freedom.
And suppose it be urged, in addition, that the
Legislature of New Mexico had no power 10
euact tho law referred 10. Yet here is the
constitution, the orgunic law, the Law 10 which
al other law must conform, declaring that slave.
~, "as it now exists" shall not be changed
whether it exists lawfully or uniawiuiy.-
Here the Constitution, as proposed, seIzes 1t, az
it is, recognizes it as present eXlsllhg coldi'
tiun, and That recognition is to be embedded In
the fundamental law. This condition Is not
only recognized, but is permanently liked 1t
is not 10 be changed.
Having fully recognized slavery as now eH.
isting in the Territory, and having declared
q tina, that condition shall not be changed, tue
I amendment next provides fcr 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 pre-
vent the taking Of such persons from any OF
tbs States of this Union TO said Territory, &c
The right here secured, to take slaves 10 the
Territory, is another proof that the Territory,
while Territory, is dedicated to slavery. The
o right Of taking is worthless, if not to Le held
= aud enjoyed after arrival.
Here, then, is another recognition OF tue ez
; istsnce of slavery On the ouu,h Of the line
coupled With the right to transfer slaves III any
!, number, from the States where 1t exists, &c
/ such Territory This right is not 10 be hlnderet
n Or prevented, either by Congress or the ierri
e torial Legislature.
= Here is complete inhibition against tn
}. passage of any law 10 prevent migration WEI
, slaves.
v But Congress and the Territorial Legisla
d turp, are not only inhibited from passing any
}, law ITO binder or prevent the mSratioE
/. with slaves, but each government is, IN l'k
, manner, forbidden to pass any la" to " I'M
If pair the rights arising from said relation -
the relation between master and slave; Of Il
!, u,e constitutional terms, The relation between
= = :. persons held to service" and the person Il
- whom "such service is due" The relation
= master and slave is here fully recognized Th'
!, FIGHTS arising from said relation are not II
- :. be- impaired" This forbids either Congr,es
' or the Territorial Legislature IRON rePeallnl
=, T. the act before referred to for the ",Frotee
> tim Of property in slaves in New Mexico
;, Slavery now exists and is protected BY tha
u stntute. The rights arising from that relation
a If in New Mexico spring FROM and are connecte