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

canoe Of tile SlllCllO $500 - S~~''S~~
LEGAL language used in this proposed amend
ment to the Constitution.
TIE SAID STATUS, AS IT Sow EXISTS IN TIE
TERRITORIES SOUTH OF 90 DEG. ~ MIN.
The rrea, bulk, if not the whole, Of the
Federal territory South of 36 deg 30 min,
was acquired hy treaty with Mexico and an
with Texas, and is embraced IN the
REGION known as New Mexico, as glance at
any rcceD, map will show. (The most eligible
man is TINT which is attached to the extremely
able and exhaustive work Of Gov. Wise on the
subject of the territorics.) At the date of the
treaty Of Guadaloupe 1lidalgo slavery had been
abolished in the Mexican Duminions by the con-
stituted authorities of Mexico; but portion Of
this territorc, Of Men Nerieo, (all that part
East Of the Rio Grsnde Del Norte,) was claim
rcd by Texas as her own dominion, and. rs
such. subject TO her jurisdiction and laws,
which recognised and protected slavery. In
respect to conquered or ceded territory the law
Of nations is regarded as settled, that the laws
existing at the time ct the conquest or cesson
arc considered TO remain in force Until repeal
cd or aLrosated by the conqnerihS OF acquiring
country, except so far az they may be IN con-
a;ce with or in violation, of the national Tell-
gon VI enact anything watHm ~ Sc: Story,
Const, u. S. sec. lj0 page lou: (by parity
of reasoning, it would seem the exception
ought to lie extended to whatever Is IN CONFLICT
with or in violation Of the political constitution
or fundamental law Of the conquerlng or ac-
curing country
The following extract frolu the speech OF Mr.
Clay made Gin lhe course Of the debate Oh the
"Cumpromise Measures, v" in the Senate of the
United States, May 18th, 1850, on the question
docs the Constitution carry slaves into the
territories p very clearly ard succincty points
out the views entertained by different parties
in regard to the subject at that time, rs to this
particular territory:
l1r. Jefferson Davis, Of Mississippi, had
moved an amendment to the bill to establish
governments in the Territories Of Utah and
New Mexico so as 10 recognize the doctrine
that the Constitution Of the GATED States
would authorize and protect slavery there; in
answer TO which, Mr.. Clay said as follows
II repeat what 7 have before said, that
cannot vote to convert Territory already Tree
into slave Territory. | am satisfied, Tor one,
to let the lec loci, a. it exists, remain. Now
let us see what will be the effect OF this IN that
portion Of New Mexico east Of the Rio Hrande.
Three opinions prevail upon that subject in
the Senate According to my opinion, the laws
Of Mexico still prevail in that country; be-
cause Texas never had possession Of that coun-
try, never legislatcd for that country, and her
laws never stretched over that country but on
the contrary, the country remained in the pos
session of Mexico, until, by the treaty OF
Gaudaloupc llidalgo, it was cedcd to the Uni.
ted States. In my opinion, therefore, the local
law which prevails in New Mexico, rs We'll III
New Mexico East Of the Rio GraDdc as West
Of its the law Of Mexico, as pronounced by
the dictator Of Mexico, b. the constitutional
authority Of Mexico, and by the Legislative
power Of Mexico. That is my own opinion.
But, sir, there are, | may say, two other opIn-
ions on this subject. According TO one CT those
opinions, which * maintained with so much
ability b. my friend from Gesrgia lMr. Der
rieu, who silS near me-even admitting that
the law Of Mexico did extend 70 New Mexico
this side OF the Rio del Noite, tie Constitution
Of the United States, by its oph necessary
operation, a6rcsated that iocal l"w, and in
vested ths owners Of slaves with the power
of carrying their slaves into any portion oil
the territories acquired by US from Mexico.
But there is still! another opinion There are
many Senators and members OF the House Of
Representatives, and large portion OF the
American people, who believe that NIL the ter.
ritory this side the Rio del Sorte, from its
mouth to its source, is Texas, aud that the Laws
of Texas consequently extend over it; and
therefore that the Texas laws comprehend New
Mexico this side Of the Rio del Norte, and that
the l.r loci Of the territory east Of the Rio del
Norte. is at this moment the law OF Teas. If
that opinion be correct, there is nothing in the
+ull "a, ~ n the
transportation OF slarts from the slaveho!'lng
States into that portion of New Mexico which
is on this side Of the Rio del Norle Hence
there is nothing 20 prevent the bringing before
the Supreme Court CT the United STATES the
question Of the ri ht Of the Shareholder to pre-
serve possession Of his property, and enjoy the
benefits of ii. ii he should take it TO the terri
tories. There will he no difficulty about the
matter, if the bill as reported by the committee
remains unchanged. And If the Supreme
Court shall bc OF opinion, either that the laws
nf Texas stretch over view Mexico, this SIDE ol
the Rio Grande or rs maintained by my Trend
from Georgia, that the Constitution oi The
United States abolished the Mexican Laws by
which slavery WIS ubrngatcd, in either case
the owner Of slaves in New Mexico would have
right TO enjoy the possession Of his property.
But If on the contrary, as | believe the Con.
stitution did no such thing, and Texas not
having actual possession, did not extend her
laws there. THEN it would follow that the right
to maintain and carry Slaves there would not
prevail have endcavorcd, sir, 10 state the
effect Of the provision in the bill as reported
By the committee, aud the operation OF the
amendment Of the gentleman from Mississippi
rs understand it," volt olks Of ii. Clay.
(By Coltun.) PIP. 4j"-4 Sec also p. 43', and +.
465, CT veg.
In the views Of Mr.. Clay as to the effect Of
the Constitution in these territories, II is we'll
known that the great body Of the leading poll
tciars OF the North concurrcd. With Mr.. Ber-
ricn and Mr.. Davis, other eminent jursts and
STATESMEN Of the South, including MIR. Cal
houn, MIR. Souie, orr owl Senators, and Air.
Criltenden, thought differently from Mr.. Clay,
and with great reason for, without. stopping
here to discuss, or attempting TO discuss, the
subject, (Which in one aspect, it would seem,
has never been fully donc,) it is sufficient to
observe that the region in question: concedlng
that it belonged to Mexico, vas acquired as i
conquest, or purchase, by the Whole people
of the United States, acting through their
agent aud trustee, the Federal Government
| which Government, therefore, held the &C
auircd country in trust for them, as their com
mon property and domain; that as such it was
to be governed by their said Government, (per
Mr.. Chief Justice Marshal's judgment in the
Atlantic luS. Co. Z. Canton, ] Pet, :. G. K
Gil, in regard to the Territory Of Florida &C
CURED from Spain ard it has been according
" so governed ever SINCE that under thcil
said government the Constitution Of the Uni
ted States was the supreme law OF the land, u
end as such must apply alike to acquired
territory as to the States; that to con
cede the supremacy Of the Mexican Law
in shat territory over rho Constitution o
the United Stakes was mol merely to
acknowledge an impsrium ~ imperio, but
10 assert the soIecism that there car
be something supreme over that winch is
supreme; that, by the Constitution of the
United States, as had long ago been acknowl'
edged even by y Northern Federal tribunal,
slaves are not only property as chattels. but
political property, which conlers (securcS) the