Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-03-27


ty-six degrees and thirty minutes slavery nvcuntar
servitude except punishment for crime is prohib
ted while such Territory shall remain under Territoria
G1verement. In al the territory South OF said line q
latitude slavery of the African race IL hereby recognized
as existing and shall not be nteriered with by Congress
but shall be protected property By all the department.
of the Territorial Government during its continuance
and when any Territory, North or South Of said line
within such boundaries Congress shall Prescribe shal
contain the population necessary Tor member Of Con
gress according to the then Federal representation
the people of the United States it SHALL if its form
Government be republican, be admitted into the Unor
equal footing with the original States, with OF
Without slavery the Constitution OF such new State
may provide.
The provisions are the same in both 10 reference to the
Territorial DIVISION and both provide that any new Stat.
shall be brought into the Union with or without slavery
as the Constitution Of such new State may provide"
Now Mr.. President by the provision OF the frat ar
Gle of the Peace Conference ad dusment the status OF
persons held involuntary service or labor it
exists cannot be changed "The status of persons held
TO involuntary service" il state or condition of sa
very The persons 70 held in involuntary service are
themselves slaves But this status Of persons held in
voluntary service is further indicated and fixed by the
words as now exists The announcement is that the
condition of slavery "as it exists" shall not be
| changed.
/. is known to the members of this Convention that
on the South side OF this line of SO deg 80 min slavery
of the African exists; ard this adjustment by
the peace Conference be taken in connection with
the fact that slavery has already ben established on the
Southsde Of this line, aud has received already, prior 10
the abors of this Conference the most full perfect and
complete protection at the hands Of the Territorial gov.
ernment OF New Mexico and that the existence Of this
state of slavery under the law of New Mexico is the
don intended to be recognized by this article and this
provision if shall fad place in the Constitution Of the
United States recognizes in effect this law of New Mex
leo as it stands the statute book OF the Territorial
government 1t comedies the condition Of slavery the
Territory now 10 exist. It specially established by
the Law of the Territorial Legislature When the cxis.
tence Of the institution is itself admitted and recOgnz d,
the law of Its creation and protection meets equal
cognilion. This condition OF slavery 'as 1t now exists
is not to be changed during the territorial Of the
country "How does it now s?' By territorial law.
What does the declaration mean that this condition shall
not be changed II that the territorial law estah-
fishing and pro ecting slavery shall not be repealed d.
ring the continuance Of the Territorial government Sa.
very exists In New Mexico both DE- Te and de fdcto.
Permit me to call the attention OF the Convention to
this code adopted by the New Mexican Territorial Legs-
ature on the 81 day Of February 1853 Tde very title
Of the act s-An act TO provide for the protection Of
property IN SLAVES in this Territory This statute
sis:s OF lhrty-one sec,ious and will take upon
saw that i. is as full complete and perfect codifcaon
of all acts necessary for the discipline, protection and
salty OF this population, be found in any Of
the States of this Union We have nothing in the whole
compass of statutory enactments III Virginia that
meets more thoroughly every case growing out of the
presence relating to the value and use, OF slave pro-
perty than this act supplies The law i'sef passed by
the Territorial Legislature Of New Mexico and which
now have before ne, is too vcnmuous read entire
before the Convention will present few sections, ss
specimens Of the whole
slc That eye-y person Sho shall be convicted the unaw
killing Of slave, other offence TIE person Of
within this territory, whether principal or accessory shall tuf
tie palms and naes as The party upoa whose
he offence committed free white peron.
"sEC hvery person who shall steal slave, with the In.
that the having an Interest 10 such say
present future vested OF contingent legal or equitable sha be
dprv"d Of the use or bench OF such s e. shA upon Lyc
ton sui imp ~ not than
han Snd b hDed In uo' no. more haH ten thousand
than u Gr=d tirs; ami every Nho Oh u bY
any With the IKE latent shI b. e=ed srd hed Tor ~
purroe whatever haze suca slave whn he
his ac And wbc, knyw any 10 have been
sy ~ aDv sssb Lave bsl .rlrr he lie pensi,1 >,
epreschsd Inst the person stealing cch sSve IS
Every person no ss carry or Convey or wly ss-
clryus conveying slave The pro- eriy cf tnsr,
with the n-n 70, the purpose Of aiding enabling spch Av
- e,ss4e on. Of tbs ieioy or Within @ e rory and yond
s recovery Ci hs m-s.cr, hsi upon
voton hcruo the penalties prser, ed IN
sr!ost sny rr,on vclao any the provisions
s act properly In the slave shall be well lid II charged 10
boagto any Peoa hsvns an Interest IN uh slave "h-thtr
nier, be legal equitable present future oint
Yyery person who ha forge or furnish to any negro
free sve e fabricated fee papers Or false evidences
.con suffer im'snmcH or term not more than i've years,
six months, and be hned not more than
thou.sni nor lees haa Cne hundred dollars
Any person VINO shall hft, enc4 persuade or In any
manne Induce any absent mse om the
boroT ailan any slave SO asserting himself service
or custody ss upon con-, on there g. ace foe and imp'
In section four Of h and h besides
be liable to the owner or master in eiy suit Tor d1Inases
spt recton conspiracy tion who shall advise,
sj in sbct slave In reis:ance
onmct than three moo than three years,
sad hned no, less than twenty-five than one
The 10Th section Of this act provides that "the emau-
cpaton OF slaves with this territory is totally prohibit
ted The 30h section dcates that the various pro-
=. A.. hill A., .Hsgs
embrace the relation "betwecn masters and contracted
servant" but that the word slave" shall only apply TO
the African race There exists in New Mcsc0 sys-
tenn of Deopage by which free persons of mixed race-,
Iudian aud Mexican, become servants for terms, upon
contract between the parties This relation is also regu
lated by territorial acts OF which passed on the
2Glh dsy OF January, 1859, have before The act
OF February 3D. 1888, from which have read reIaes
entirely to slaves OF the african race, whose Sta OF
condition of slavery is fully Tecogniz-d ID and liked by
the law itself
We have African slavery then fully established aud
in exs,auce South Of the line of 30 deg 30 min, by
virtue of the of the Territorial Legislature of New
Mexico
African slavery also exists within the limits of the
Cherokee treaty grant, the northern boundary OF which
is the 37h parallel OF latitude, being one-hslt degree be-
youd 3G deg. 30 min.
Many of the chiefs are large Of slave property
engaged in the cuure of cotton with regular code OF
their own and with system OF government fouHded 10
a very great upon no VN'o
and formed somewhat in imitation of it having cOun-
Gil of elders chiefs acting as Senate, with House
of Representatives, which two bodies constitute the leg
islave branch Of their government.
The treaty By which these lands were ceded to those
Indians makes the territory granted their own property
and domain and whether included directly or indirectly
in this adjustment would be wholly mmateral so far as
their rights concerned.
The Indians hold these lands by treaty stipulation and
by deeds OF ceSsion from the Government OF the United
States The Territory granted to them belongs to them,
and not to u.s. They have their own government laws
and domestic institutions No amendment Of the Con-
stitution would affect their rights disturb their posi-
tion being 40 parties the procedure by which the
amendmdu: is TO be made, aud deriving utle with fixed
boundaries and possession, from grant antecedent to
the amendment The article under consideration pur-
ports deal only with the Territories now belonging to
the United States.
l. must be conceded think that this article of the
adjustment when read with the light Of the OF the
Territorial Legislature of New Mexico, recognizes the
condition of slavery upon the Souh-sde of the line Of
&c deg 80 mn. a present, existing fact. 1t cares
that hi. "status persons held TO involuntary service
this coudition of slavery, as i no" erstS, shall not be
changed"
Having recognized the existence of slavery South OF
tho line il could not alter the result TO de ermine
whether Il came into existence lawfully otherwise.
Suppose il be said that this territory was acquired from
aexco-hat previous TO its purchase 1t was free terri
tory--that its normal condition was that Of freedom;
and suppose it be urged in ADDITION that the Legis
ature New Mexico had no power to enact the law
ferred TO- Yet here is the constitution the organic law,
the law TO which all other law must conform declaring
that slavery .'as it now exists" shall be charged
whether il exists lawfully or unawfuy. Here the Con-
stituoo proposed seizes 1t, as IL recognizes i; as
prasent ex sting condition. and that recognition is 10 be
embodied in the fundamental law. This condition not