Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-25

portion Of the adjustment The common lar
| IS not here referred to as comforting tue righ
of the master to his slave, but is referred t
! solely US furnishing the remedies to cnforc'
those rights. The right is given in the pro
posed amendment itself. Slavery, Us Il rresen
existing condition, is admitted and recoS
nizcd--tllis condition is not to be changed
tho right TO carry Slaves 10 the territory j:
not to be hindcrcd or preventcd-the right:
! arising from the relation Of slavery arc not t.
be impaired. Then Comes the clause whics
places these rights under judicial cognzance
10 lie awarded, Yiudicated, executed and protect
cd according to the course OF the common
law" That lnaleabe, ilexle and expensive sys
TEN Of Jurisprudence, known as the Common
Law" IS pointed to- not as the source Of the
rights Of the master, but as the abounding field,
furnishing ull proper and needful remedies for
the assertion Of those rights. It is the proud
and just boast Of tho COunIon Law, that il
knows no right without M action, no WRONG
without remedy.
The celebrated case decided by Lord Mans.
;ield-l mean the SomIuerSut caSe-in which il
was said that slavery Was unknown to the
comInOn law-has no relation, whatever, to
the question under consideration, and would
have no basis 10 stand on, in case arising in
our Territories Under The proposed amendment
Neither that decision, nor any principle deduct.
die FROM it, has eny application 10 this propo.
s:t:ou US agreed upon by the Peace Conference;
nvns whatever. That decision went upon the
sroGad tina! no statute Of England recognized
slavery; that IL waa 4 condition unknown to
The Parliamentary code, unknown to statutory
or Constitutional provision or recognition, and
that the COMMON las, and tho common law
alone, was to be looked to, both for the right
and the remedy. 4 master from ole Of the
Islands, seeking to recover his slave on the
so,I ul Engla;id, Was met by the objection that
no statute declared his right to recover the
slave, or recognised the relation Of master and
slave, and he was remitled and restricted to
the comInon law for redress Here the Con.
slitutiom itself--ior it is proposed to eni5oly
this proposition ia the CoIstltutiUn-here the
Constitution, tue organic law, recognizes the
Tgnt-deciares that that right shall never he
lmpuireI liza. no law shall be passed by Con.
gress or the Territorial Legislature, to hinder
or prevent tue carrying vi siaTes from any Of
Inc States ui tins Union into the Terri.
torres, or IL iunpair the rights arising from
such relation. IhG: relation is admitted and
sanctioned i'll the inus. SOLEMN md most perfect
fern by the iundauiGntul law itself, according
10 tho proposition now under examination.
Alter the right has been recognized and con.
G.:Urd after ll,e relation has been created and
Sanctioned, then tbs declaration j, that the
Courts shall take Judiciul coguizuuce Of That
relation according u the rules remedies ana
PRACTICE OF the colnln0n law.
And, Mr. President, need not ask you,
verscd Is you ere known to be, in juriSpru.
drite | ne,d let ask the professional gentle
men OF tins body, what m0re ample and abun.
dani remedies could be afforded than those
which are 10 be drawn ircn the common law:
The acton ol "deliuuc" where you desire the
possession ol u Specific chaltel, is furnished by
the culuiuon las. The action Of "Lrorer' II
you waive the question Of specific property,
and are content with damages, is furnished BY
line common law. The action Of "tresspasS;
the action OF ''replcvin," all actions that are
nrcdiul, are furnished Ly this system.
Old Us II Is, in our own Commonwealth, you
wll find no act in ths Statute law Of Virginia,
in su many words establishing slavery i'll this
Commonwealth. Go back 10 the foundation OF
the Colony, and you will fad no law establish
ing that relation OF creating slavery In lG90,
| believe il was, some twenty African barba-
r:alIs were ian0cd IL jamestown lrom Dutch
silp and sold as slaves. From that period
slavery has existed in Virginia. Tha trelatIon
Es1 E,Sn, sG Nv, rrscVgu!zcd and protected by va
hundred years in Virginia, sn5u "&s"vst9no iu-
lyrwoven with our social and Industrial S!s'
TEN, US also with our legislative history.
Now what are the remedies most istnlliar IN
,t.k,i i,t, ~
for the vindication Ct the rights CT the master
Tie common las Of England belonged 10 Us
when L. COLONY 1t Was afterwards Adopted Us
part OF our Jurisprudence and is now lncorpo'
rated, by statute, inlo our legal system except
~ far as it may be modified by legislative
cnac,lncnts. We are in the constant habit Oi
rcsor,ns 10 common Law remedies IN virginia
70 enforce and protect the rights ari5lnG
cut Vi the condition OF slavery. Aet
the common law ;n Virginia, no more
than the common law in England or III
territory, of Itself, recognizes slavery, OF Goa.
icrs the right OF the master IN ms save. Lnat
right in Virginia, is derived from usage atu ie'
gls!ative recognition. 1t is recognized W TIC
Constitution vi the Stats uud protected by law.
Being so recognized and protected, the com.
,pon law furnishes ils remedies 10 carry oul
and yiudica,c tins rights whicn sPTIng roin
tho relation.
The action Of .ietiuue, the action 0! troveT,
he action Of trespass, are ssl contnoli la" re-
,nedics, applied, daily, 10 slave properly, or 20
ary other property. The right being co'''et-
rcd the common Jaw, with It's plastic hand,
.aouds the reule6y by which the :isht Il 10 Ie
asserted
AM! SO in u territory. When the condition
81 slavery shall have been acknowledged to cX
isl, ~ il Is acknowledged by the amendment
under consideration; existing under luIl pro-
tect;op. by the law Of New Mcxicoi and when
il shall have been declared as is proposed that
the rights arising from said relations shall not
tc irnpa,rcd," coupled with the provision That
these rights are subject to judicial cognlzahce
according to tho course Ot the common la",
can any legal mind doubt that the common
lsw would take hold Of those rights and sup
NV all nccdfui remedies for their enlorccmehl'
Here the colnmon law jurisdiction, Is expressly
conferred on the Federal courts, Unu thHse
courts ure dlrccled to proceed under the reme'
dies and practice Of that system.
Bu, it has bYvn objected, To this section, tnat
j, does not, u. Mr.. Cri;.enden's proposition
docs. use the term '.sla7e" and slavery, and
African slavery" that it does not, as the
Crut.uden proposition, require slaves to be pro-
,ecisd as property BY al! the branches oi 'nS
territorial government
wcii now, sir, is there, in reality, any differ
ence between the rights Of the uaster under
the one form Of language and the otherf can
conceive Of pore. | mn utterly incapable OF
conceyng how the rights OF the master may
l,e affected by the absence or presence OF these
, terms Of pnrasrolosy. regard ,be terms IN
t!.. ore case, as fully and distinctly emoodylns
/ II recognition Of slavery as in the other.
| The introduction Of new terms Of description
into any amendment Of the Constitution, differ
ent from the description OF the same thing as
: .,j,cn in the Constitution itself, il, TO say tht
llrs,t, Of doubtful propriey and cxpediency: We
DO not lind the words required 10 be inserted here
,s.d IN my nart Of the Constitution, bV the Tram