Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-07

ouuioF of the General Assembly to be- thal
the resolutions submitted to The Scha'e u '''I
United States by Mr.. CrittcEden. with scre'at +
specified notifications, constitute INC oasl' y,
such an adjustment Of the conlroFerS $ as ""u'u
be accepted by the people ot Virginia.
The plan of adjustment agreed upon oy
moiOri;y OF the Conference differs IN many I'M
oltart particulars lrcnl the scheme 81 Mr..
Crittenden The main difficulty we had 10
contend with in the controversy. was in sat
is(actory adjustment of the Territorial Hles'
ton The Crittendcn plan distinctly recog.
nzcS slavery of the African race South oi ID
/, 30 AS existing, and prccludcs Congress from
interfering herewith: and declares that IL
s:lull be protected as properly by all t,e de-
partments OF the territorial. government during
! IFS continuance. Tie Conference Ian cor
,ains no such recognition, 60 "0m'm', but ue'
clares that "the status Of persons held 10 insoI,
uutary surrice or labor; Ms It now eSS'S' shll,
not be changed Tor shall any law be passed
by Congress nr the Territorial Legislature 10
! hinder or prevent the taking OF Snch persons
from anr Of the States t" SAID territories, 'oi
10 impair the rights arising from SaIu re!a'loi''
but the same shall he subject TO juuiciai cus'
| nizance in the federal courts, according |" 'he
course Of the common Law. -,
Whether this provision is substantially
equivalent to the corresponding clause oil the
Crlttenden plan is question OF interpretations
The language OF the latter Is clear ana per-
spicuous; of the former, vague aid ambiguous
| Whatever the lrue construction OF II o'' IL Is
most wcighty objection 10 it, that It admits
Of various interpretations. The rights arising
from the relation of master and slave are OK.
prrsSlv recognized, asi,l the Fedora! Conrt> are
required TO take cognzance ot them; eu!
neither The Executive or Legislative depart
ments are, in terWs required 10 protect them.
| Its advocates in the Conference insisted that
while the rights arising tram the relation arc
referred TO the judicial determination Of the
| Courts, the resignation Of them in the article,
by 4 ,ist implication. imports that 1t rs the
! duty of the Legislature 70 afford them ample
! protection hy positive cnactincntS OF laws
necessary to accomplish HE end. II this be
| the proper construction Of the CLAUSES, and III
my opinion j. S--the guarantees of protection
q! the rights Of property i'll slaves IN the terri
tories, is equivalent To TINT contained IN HE
! Crttenlen scheme But We haze 10 resort 10
| Implication TO deGuce it, The teilns employed,
! to secure protection Of Tie rights growing out
of the relation Of master AMI slave, arc mega
live only: they shall not be changed, Or the III
PRODUCTION Of slaves hindercd or the rights OF
the master impaired Ly legislation. No duty
is prescribed to hedge them round with proper
cnactmcnls. II is for this reason that made a
most strenuous effort to n'nc,Id the section Ivy
interpolaliDg the wOrdS-"and it shall be the
duty of the Territorial Government, in all It's
! departments, 10 protect the hts arising IRON
said relation" The eG.rt was repeatedly ARK.
most earnestly made. II vas ineSectRal, hut
it il fair to say that the sense Of the Conference
vas not tested on this particular question: The
consideration Of the amendment being prccIu'
lied by the railing Of the Chair, that the section
was rot then aniendabIe.
The rights Of the master are mace subject
to judicial cognzance according TO tie c"nrss
If III. cinnamon lac How far can the c0pT;s
afford protection to the rights Of the master to
his slave, according to the COMMON course OF
the Law? Where legal rig hts exist, that mast
wise ard flexible system of law known as the
common law always supplies the appropriate
remedies for their enforcement. The invasion
al u right is an injury, for the re'lre>s OF which
a suitable remedy was always afforded; for
| the common law knows no such anomaly rs q
wrong without remedy. ANY civil injury,
therefore, to the rights growing out Of the re.
laton Of master and slave would be- redressed,
according to the coursc@ the common law, by
supplying the appropriate remedy Of detinue,
trOver, case, &c. 1t is said that ut common
law, slavery vas not recogniZed-thnt ~ COM
mon law, man could not have property in man;
and the celebrated SommcrSct case, and the
late Anderson case are cited. in support Of the
proposition to which may be added the i'm
posing authority Of ". II. Seward himself. =
Stewards Works. vol II, p. 453-4 Blu. the
| common law is not referred to here to deter
mine rights, but simply TO furnish rcmrdics
for injuries to rights recognized by the section
in explicit terms. The principle that Ri hts al
ways draw after them at common Law the re.
mctly for injuries TO those rights, does not ap.
| ply to public wrongs or crimes. These are not
| punishable until defined and appropriate penal
| tics are dcduccd either by the common law or
by statute. But We cannot look to the com.
mon law rs source Of criminal jurisdiction in
! the Federal Courts where those rights are made
cngniZable for those tribunals have no such
| uli :diction, and can only take cngnzance OF
crimes specially created or defined by statute.
Statutes prescribing police regulations are IN
dspcnsable in Slaveholing country; but
the duty Of enacting lhcln is not cnjoincd
| by this section, unless il lac implied from
the recognition 81 the rights arising from
| tho relation of master and slave. Is it
& fair implication from the language 81
this section, that it is the duty OF the Territor-
! al Legislature vi Mexico 20 protect the rights
Of slave owners by eli proper cnactmcnts: In
my Judgment, it admits Of no other fair or rea
s0nable construction. There is much circnn-
| ocuton to avoid tho iise If the terms Slaves
and slavery" but the stntus Of PERSONS held
TO involuntary service or labor there, is that Of
! slavery, and the persons so held are slaves ;
| that stdtHS-that is the state CT condition OF
SlaverY-shall not be changed, nor the inpOr.
| tation or introduction of such persons from an
! If the States prevented nor the rights arising
| irom such relation impaired. They would be
impaired wi'h'n, proper legislation for their
! protection, a:,d the duty Of such protection may
therefore be inferred, since the failnre to irgiS.
late may as cilectualy impair the rights rrcus.
rized, as positive hostile legislation. But in
point of fact. there is no necessity for such IT,
! ssmtion in New Mexico 1t exists already in
very ample measure, as learn from undoubted
authority. The status Of such persons, as it
now exists, is recognized as status Of slavery,
and Of slavery only the rights Of the master
! are already fully protected by law, and to re-
! peal those laws wonld be 4 clear violation OF
/ the spirit and very words Of this section,
as it would certainly impair, mos, probably dc.
stroy, those rights. Upon every sound prin-
! cipe Of Interpretation, think that the rights
NJ tho master TO his slaves, ny ar"perfy, ere
! protected by this section.
! The second section Introduces L new, and as
think, valuable principle. So far rs he &c
acquisition Of future territory is concerned, il
creates a dual Senate. By an equal partition OF
power between thu two sections Of the Senate.
! This is practical guarantee of cqnr! power Ia
the weaker section by which the South can
exclude any future territory, il the conditions
Of an admission are disa,lvan:age"us to her.
But tho Northern section may equally check,
mate her, in her attempts To acquire future ter.
riory. TrIe, but the Only territory South o!
&c deg. so min. which cali he hereafter &C.
quircd, is Cuba and the Northern part Of Mcxi.