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

lesser number should be adopted.
will not go into the discussions which occurred upo
that question at different periods, both iq the formation
OF the articles cf confederation and this article of TN
Constitution Of tue United States. Ali will remember
however, that when it matter OF interest to fix
mode for determining the ratio CT contribution by tn
respective States urder the articles OF confederation,
the support of government that the number OF nbsbt
ants was fDay adopted exponent of the wealth
the State and of is capacity to contribute. The ques
ton then presented te bow far slaves should be count
ed persons in order fix the amount b. paid b,
the States Some Of the Southern representatives hel
that they should be counted for that purpose at all
IL was however determined that three.ftbs should bt
included ia the enumeration. The merical pro-
portion, under the description Of "three-ftlbs Of al
other persons afterwards adopted in tie Corstitu
ton, the both of representation and taxa
ton Having included slaves for representation and Ia
alton under the desie nation Of other persons was sp
prOpate speak ofthem and describe them 10 other per
toGs Of the Constitution 10y similar terms. Thus In that
section w ch provides i0r the rendition of iugitives
the form OF phrlseology is adopted, wilh QuaI
ci,cn show rg The status of the person "Apg person
held To sfrvce or iaGOr escaping from State into
anO her, il 10 BE- surrendered 10 The person 10 whom
such service or labor il du The person held TO SER
vice labor" is saye-a slave TO "tbe person whom
such service labor is DUE. He does not l either 10
| the category OF those to whom full representation j.
awarded or that which is excluded He not to be emu
meraed in the class Of Gree persona including those
bound to service Tor term Of years, excluded with
"ludians not taxed but he be0ags 10 the class Of s
other persons" OF whom three-lths be number
ed He could not be clled "slve" in this clause OF
the Constitution because the ssve Is property and only
pes be represented. II in the other section
referred to- they bad been called fugitive slaves" de.
parting from the used in the first article, Il might
have been doubted whether they belonged 10 the clas
described il that article as "other persons" They are
therefore called persons held TO service labor" They
both persons and property, and the laws Of all the
slyehoid.ag States treat them.
lam content with the language Of the Constitution as
our fathers made il. | Gm ambitious of using
terms iItrodncit descriptions. think shall
wisely by adherug TO their wellconsidered phrase
olOgy The Constitution il is has received construc
on and is well understood in the particular matter
examination. "Persons held TO service labor"
slaves, and recognized as such by ell. see no adyan
in substituting the word slave" for persons held
to service labor" do think therefore, that this
report Of the Peace Conference is obnoxious 10 re-
p:oach in that point Of view"
Now in point OF protection, Mr. Crit.enden's PROPOSE
ton provides that slavery shall be protected property
by all the Departments OF the Territorial Government
Mr.. President does that strike you any relia
ble the STAKEHOLDER in New Mexico than the protec-
ton which this secon affords? When Mr. Cristenden
says that slavery shall be protected by all the Depart
uents of tie Territorial Government, what does it
amount TO- more ;han is provided here The amend
m:n proposed by the Peace Conference sezes slavery
exists in New Mexico and iaoen5 the machinery
b. which il exists and is projected. The condition is
not TO be changed.
The legislative branch OF the Territorial Government
has performed is duty There is a slave code comforting
rights aud protecting rights already n full force and ope
ration in New Mex co; and tue amendment proposed de-
G. res that these rights shall not be impaired They would
be impaired, perhaps Destroyed by the repeal Of this
code The repeal then il prohibited, during the oontin
uanca of the Territorial Government.
Then far the leg sltye branch Of the Territorial
Government IS concerned it needs constitutional
date to proiec. slavery in New Mexico 1t has already
performed that dly, and its york be undoue.
Then the Judicial department cf the Territorial Gov
erameEt is required 10 tase cogiziucs Of the Ighs Of
slave Owners, and 70 project them by all remedies OF the
common law and hch l. IN addition to the right and
remedies given BY the Mex can sta,ate an W ich the
Territorial courts are bound to execute b7 virtue Of the
s.au;e itself
The lessetiyc and judicial departments Of the govern
m'nt tteu, are bound 10 proect as puoh under Hr.
Cn.tsndeus proposition. Wen shat power hls the G.g-
eor OF the ferf;pry ,he subec lie to see the
LAYS execued Tbs il j. much Lis du TO do, ucder
tie ia1 e the Territory and the proposed emen.ment
as IL wOu' bs uuder t3r anendmeL. OF Mr Crittelden
Ii may be remarked here, that while Corgcesa and the
Ie'ritoIal L-gsdture are not 10 "iaDer the rghis
arising from this rclaiou .lefc is inhibition aganrt
the passage OF Jaws ior tue protection OF those rigns
any occasion should requiring it. 0n the contrary
saoud bold thst the very mandate Of the Constitution
-supposing this amendment 10 become part of the
C)nsu;ion-.he very prohibition against mpaiiing the
rights arising frcm this relation, would OF itself be
source OF power and OF duty to protect and secure those
rights by the passage OF laws for thai purpose It might
be, in any given case, th3t the very omission pass
laS for lis protection would tsei be mpair.ng OF the
rights springing from the relation.
Taking 1t as il il now presented, hold tina. this
amendment provides ample protection Of itself, aud
therefore, have dh ,uty infringing y mind to its
acceptance II has been my ardent desire il the
desire OF all the Commissioners from Virginia 10 obtain
every guaranty which our own State, snd which the
ates OF the South are entitled 20 and ought to have
We have differed on feg points, and only lev,
the form Of thoae guarantees. We have, however had
the end aad object in view the equal rights OF the
States and the security and protection of those rights
In my Judgment these rights and this equality far
the territorial question ia concerned fully attain
ed by the first article OF the amendments proposed by
the Conference.
There another feature in the Cits16en proposition
which not found ths adjustment, and to that pro-
pose 10 address few words.
IL will bc remembered tha. Mr. Crittenden's PROPOSE
ton Is originally offered by himself in the Senate had
relation territory hereafter to be acquired By the
United States. His colleague Mr. Powell Of Kentucky,
Of rel amendment, applying the line Sj deg. 80 min
division line between the TWO systems OF slave and
free lcbor future well present territory The
amendment 10 the Constitution submitted by the
Conference does not extend TO future territory and III
this it ffs's from the Crenden propositions as mod
fed By Mr. POwefs ameLdm-nt
Without goirg into particulars, as to what occurred
in tne Conference, 1t may be stated in general
that obi .cons made 10 the feature embracing il-
tuTe territory, on the grouad that il xpedien and
impotic to mpant in the Constitution Itself the seed
of policy, locking to future aggrandsemyHta flibus
terug spirit termed it. that IL would have the
Appearance OF partition in advance Of our neighbors
lands, ard might unnecessaT.i. subject our national
character and iaith To criticism and calumny.
1t was urged that the future, with its unknown even
tualtics should be lett TO take oil ITSELF /. was ar
gued that if we could satisfactorily divide among
selves what We now possess that might well leave
children the power and duty of dsposing OF what
they may hereafter add TO the public domain.
But, hr President, in infringement, when the rstaud
second sections oil the Conference proposition are taken
together they constitute better arrangement as to tu
;u.e Territories than the pan OF Mr.. Crttenden.
Let be borne mind that the division OF future Ter
ritory by The line OF IS deg 80 min is no. the deqg'S
tion of future Territory. You may provide IN the Con-
tuition thai all fuue Territory shall be divided by hat
line bat such future Territory remains to be acquired
you may never gesit il Is only division in advance,
provided you do acquire it,
Now M President it will b, readily that If you
divide before you acquire, by the line OF 30 deg. 30
mn and declare that involuntary servude Is not TO e1
Isl North of the line and slavery SHALL exist South
of il that we enhance tenfold if do lot render
wholly impsccabe the acquisition OF Territory South
of the line With slavery established before hand in all
Territory to be acquired South OF the ue when shall
come TO the question OF acquisition, in any given case
under the present mode OF acquiring territory, What
| prospect would exist oil making the acquisIonI
To, II ne horne in mind that Mr.. Crl;tendens propo-
son contains no change whatever ci the present plan
of acquiring territory IL contains no provisions on that
head 1t leaves future territory to be acquired in the
rod heretofore practcsd winch nave been by treaty
and hv Joint r. solution These are the only TWO modes
heretofore resored for the acquisition OF territory
Louisiana and Florida acquired by treaty SO were
| q, fornia New Mexico aud AzODa. Texas acqur-
Ell and annexed BY oiat resolution Of the two houses