Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-04-06
Speeial Nntifes.

States according to numbers, which are to
be determined by adding to the whole mum.
Der of free persons, INCLUDING those bound to
service for term of years, and excluding
Indians not taxed, three-ffths of all other per
sons This is the provision made in the very
first article of the Constitution, and may be
justly called the cornerstone of the whole
fabric. Upon it. representation and taxation
both repose. It declared ia luuiine that repre-
sentative power and taxation shall be accord
ing to an enumeration of inhabitants; shall rest
upon numbers, which are to be determined
| by adding 10 the whole number OF persons,
including those bound to service tor term
of wears. and excluding Indians not taxed,
three-ffths of all other persons We have
three-ffths of our slaves counted for repre-
seutation. under this cianse, and by the de-
scription of "other persons"
We find slaves everywhere in the Coasti-
tuition treated as persons; they were necessa-
rilay treated as persons in that section, for
the reason that representation was not to be
given to any but persons. 1t was not based
upon property. Representative power was
to rest upon population. This was the theo
~ of the government of the United States.
It does not rest upon property, or upon pro-
perty and contribution combined. 1t was
based upon the number of the inhabitants,
and the great question upon that portion of
the Constitution was, whether the whole
number of slaves should be enumerated as
persons, for the purpose of representation
or taxation, and what lesser number should
be adopted.
l will not go into the discussions which
occurred upon that question at different
periods, both in the formation of the ar
ticles of Confederation, and this article of
the Constitution of the United States. All
will remember, however, that when it was a
matter of interest to fix mode for determin-
ing the ratio OF contribution by the respec-
tive States, under the articles of confedera
ton, to the support of government, that the
number of inhabitants was finally adopted as
an exponent of the wealth of the State, and
of its capacity to contribute. The question
then presented itself, how far slaves should
be counted as persons, in order to fix the
amount to be paid by the States. Some of
the Southern representatives held that they
should not be counted for that purpose at all.
1t was, however, determined that three-ffths
should be included in the enumeration. The
same numerical proportion, under the de-
scripiion of "tbree-fifths of all other persons
was afterwards adopted n the Constitution.
as the measure both of representation and
taxation. Having included slaves for repre-
sentation and taxation, under the designation
of "otber persons" it was appropriate to
speak of them and describe them in other
portions of the Constitution, by similar
terms. Thus, in that section which provides
for the rendition of fugitives, the same form
of phraseology is adopted, with a qualifica
ton showing the status of the person. 'Any
person held TO service or labor" escaping from
one State into another, is to be surrendered
to ''the person to whom such service or Ia
Dor is due" The "person held to service or
Lob &c ell al IN
whom such service or labor is due" He does
not fall either in the category of those to
whom full representation is awarded, or that
which is excluded. He is not to be enume-
rated in the class of Stree persons, including
those bound to service for term of years"
nor excluded with Indians not taxed" but
he belongs to the class of "all other persons
of whom three-fifths are to be numbered. He
could not be called a "s.ave" in this clause
Of the Constitution, because the slave is pro-
perry. and only persons are to be represent
ed. If in the other section referred to, they
had been called fugitive slaves" departing
from the terms used in the first article, it
might have been doubted whether they be
longed to the class described in that article
as 'Other persons" They are therefore
called ..persous held to service or labor"
They are both persons and property, and so
the laws OF all the slaveholding States treat
them.
am content with the language of the Con-
stitution as our fathers made it. am not
ambitious of using new terms or introducing
new descriptions. think we shall act wise
ly by adhering to their well-considered phra-
seolOgy. The Constitution as it is has re-
ceived construction, and is well understood
in the particular matter under examination.
Persons held to service or labor" are slaves,
and recognized as such by all. see no adj
vantage in substituting the word "slave" for
persons held to service or labor" do not
think, therefore, that this report of the "Peace
Conference is obnoxious to reproach in that
point of view"
Now, in point of protection, Mr.. Critten-
denis proposition provides that slavery shall
be protected as property by all the Depart
ments of the Territorial Government.
Mr.. President, does that strike you as any
more reliable to the STAKEHOLDER in New Mex
leo than the protection which this section af-
fords? When Mr.. Crittenden says that slave
~ shall be protected by all the Departments
of the Territorial Government, what does it
amount to, more than is provided here? The
amendment proposed by the Peace Confer
ence seizes slavery as it now exists in New
Mexico and fastens the machinery by which
it exists and is protected. The condition is
not to be changed.
The legislative branch of the Territorial
Government has performed its duty. There is
a slave code comforting rights and protecting
rights already in full force and operation in
New Mexico; and the amendment proposed,
declares that these rights shall not be impair
ed. They would be impaired, perhaps de-
stroyed, by the repeal OF this code. The re-
peal then is prohibited, during the continu-
ance of the Territorial Government.
Then, so far as the legislative branch of
the Territorial Government is concerned, it
needs no constitutional mandate to protect
slavery in New Mexico. 1t has already per-
formed that duty, and its work cannot be
undone.
Then the judicial department. of the Ter
ritorial Government is required to take cog
nizance of the rights of slave owners, and
to protect them by all remedies of the COM
mon law, and which is in addition to the
rights and remedies given by the Mexican
statute, and which the Territorial courts are
bound TO execute, by virtue of the statute
itself.
The legislative and judicial departments
Of the government, then, are bound to pro-
.ect, as much as under Mr.. Crittenden's pro-
position. Well, what power has the Govern
DR. of the Territory over the subject? He is
10 see the laws executed. This is as much
MS duty to do, under the law of the Terrific
", and the proposed amendment as it would
be under the amendment of Mr.. Crittenden,
1t may be remarked here, that while Con- ,
yress and the Territorial Legislature are not
% Impair the rights arising from this rela-
.ion," there is no inhibition against the pas
age of laws for the protection of those
eh Isaoo rir1nr