Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1861-03-15

wishes OF the people VI tnlS commonwealth,
is DESTROYS of employing every reasonable
means to avert SO dire calamity, and de-
termined to make final effort to restore the
Union and the Constitution in the spirit in
which they were established by the fathers
of the Republic" The act further declar-
ed the opinion Of the General Assembly to
be, that the resolutions submitted to the
Senate of the United States by Mr.. Crit
tenden, with several specified notifications,
constitute tie basis of such an adjustment
of the controversy as would be accepted by
the people of Virginia.
The plan of adjustment agreed upon by
majority of the conference differs in many
important pafticulars from the scheme of
Mr. Crittenden The main difficulty we
had to contend with III the controversy, was
in satisfactory adjustment of the Terrific
rial question. The Crittendcn plan dis
tinctly recognizes slavery Of tae African
race South Of 36 80 as existing, and pre-
cludes Congress from interfering Herewith:
and declares that it shall be protected as
property by all the departments Of the ter
ritorial government during its continuance
The Conference plan contains no such re-
cognition, 60 nomsne, but declares that 1.-The
status of persons held to involuntary service
or labor, as it now exists, shall not be
changed: nor shall any law be passed by
Congress or the Territorial Legislature to
hinder or prevent the taking of such per-
sons from any of the States to said Terrific
rles, nor to impair the rights arising from
said relation; but the same shall be subject
to judicial cognizance in the federal courts,
according to the course of common law.
Whether this provision is substantially
equivalent to the corresponding clause of
the Crittenden plan is a question Of inter-
probation The language Of the latter is
clear and perspicuous; of the former, vague
and ambiguous. Whatever the true con-
struction Of it be, it is most weighty OBJ
lection to it, that it admits of various inter
pretations. The rights arising from the re-
lation of Master and slave are expressly re-
cognized, and the Federal Courts are re-
CURED to take cognizance of them; but nei
ther the Executive or Legislative depart
ment are IN terms, required to protect them
Its advocates in the Conference insisted that
while the rights arising from the relation
are referred to the judicial determination Of
the Courts, the resignation Of them in tie
article, by a just implication, imparts that
it is the duty of the Legislature to afford
them ample protection by positive enact
ments of laws necessary to accomplish the
end, If this be the proper construc
ton of the clauses, and in nay opinion it is
the guarantees Of protection Of the rights
of property in slaves in the territories. is
equivalent to that contained in the Crltten-
den scheme. But we have to resort to I'M
plication to deduce it, The terms empIoy~
ed, to secure protection Of the rights grow
ing out Of the relation of master and slave,
are negative only; they shall not be chang
ed, or the introduction Of slaves hindered,
or the rights of the master impaired by leg
islation. No duty is prescribed to hedge
them round with proper enactmcnts. 1t is
for this reason that [ made most strenu-
Gus effort to amend the section by interpo-
lating the words -''and it shall be the duty
OF the Territorial Government, in all It's
departm cnts, to protect the rights arising
from said relation" The effort was repeat
eddy and most earnestly made. 1t was in-
effectual, but it is fair to say that the sense
of the Conference was not tested on this
particular question. The consideration Of
the amendment being precluded by the
ruling Of the Chair, that the section was
not then amendable
The rights of the master are made sub
ject to the judicial cognizance according to
the course Of the common lalo! How far
can the courts afford protection to the rights
Of the master to his slave, according TO the
common course of the law? Where legal
rights exist, that most wise and flexible sys-
tenn OF law known as the common law al
ways supplies the appropriate remedies for
their endorsements The invasion of right
is an injury. for the redress ct which suit
able remedy was always afforded; for the
common law knows no such anomaly as
wrong without aremedy. Any civil injury
therefore, to the fights growing out Of the
relation of master and slave would be re-
dressed, according to the course OF the COM
mon law, by supplying the appropriate rem
edy Of detinue, trover, case, &c. It Is said
that at common law, slavery was not recog
ulZGU-CGaL It CUIu ulUu law Hdu OOUIO uUt
have property in man and the celebrated
Somerset case, and the late Anderson case
are cited. in support Of the proposition; to
which may be added the imposing authori-
.ty of W. e. Seward himself. I'd Stewards
Works, VOL II, p 453-4 But the CONS
mon law is not referred to here to determ-
inc rights, but simply to furnish remedies
for injuries to rights recognized by the Sec
ton in explicit terms. The principle that
rights always draw after them at common
law the remedy for injuries to those rights,
does not apply to public wrongs or crimes:
These are not punishable until defined and
appropriate penalties are deduced either by
tie. common law or by statute. But we
cannot look to the common law as a source
of criminal jurisdiction in the Federal Courts
where those rights are made cognizable, for
those tribunals have no such jurisdiction,
and can only take cognizance of crimes spe-
eially crested or defined by statute Stat
utes prescribing police regulations are in
dispensable in slaveholding country bat
the dnty of enacting them is not enjoined
hv this section, unless it be implied from
the recognition Of the rights arising from
the relation of master and slave. Is it a
fair implication from the language of this
section. that it is the duty Of the Territori-
al Legislature of Mexico to protect the rights
! 8